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, TUESDAY, MARCH 6, 2012 No. 36 House of Representatives The House met at 10 a.m. and was their families. Too often, we find that Doctors understand the facts. They called to order by the Speaker pro tem- people don’t get the care they want and tell their families. It’s probably not ac- pore (Ms. JENKINS). they need. curate to say they get less care, but This has been a passion of mine for f what is accurate is they get different years now to make sure that families care. They’re more likely to use hos- DESIGNATION OF SPEAKER PRO and patients are equipped to deal with pice services. They’re more likely to TEMPORE the end of life. It was my legislation have palliative care to make sure in The SPEAKER pro tempore laid be- that was in the health care reform that their final moments they’re not in fore the House the following commu- was, unfortunately, not in the final pain. They’re less likely to have nication from the Speaker: legislation because the reconciliation invasive, painful, expensive treatment, process wouldn’t allow the Senate to particularly if they don’t want it, be- WASHINGTON, DC, consider it in the House bill. We’re March 6, 2012. cause they’ve taken care of making I hereby appoint the Honorable LYNN JEN- working on it again with legislation sure that their wishes are known and KINS to act as Speaker pro tempore on this entitled Personalize Your Health Care, respected. day. H.R. 1589, to make sure that these pro- Now, I don’t want everybody to ‘‘die JOHN A. BOEHNER, visions that are strongly supported by like a doctor,’’ but I do want everybody Speaker of the House of Representatives. the public finally become law. to have the knowledge and the power I think, perhaps, the best case that I f so that their wishes, whatever they have seen for this legislation is found are, are respected. It is time that Con- MORNING-HOUR DEBATE by Dr. Murray in his article, ‘‘Why gress passes legislation to make sure The SPEAKER pro tempore. Pursu- Doctors Die Differently.’’ It is a sim- ple, powerful, two-page statement ex- the American public has the informa- ant to the order of the House of Janu- tion and that their wishes, whatever ary 17, 2012, the Chair will now recog- plaining the hows and whys. Doctors actually do pass away, but their wishes may be, are respected, be- nize Members from lists submitted by cause those final months or weeks or the majority and minority leaders for they pass away differently. What is in- teresting is that, of these who are well days of life deserve to be gentle, morning-hour debate. thoughtful, respectful, and people hav- The Chair will alternate recognition off and connected to the medical care profession, it’s not how much health ing whatever care they and their fami- between the parties, with each party care they get in their final months but lies want. limited to 1 hour and each Member actually how little. They do have more I strongly urge my colleagues to look other than the majority and minority information than the average member at H.R. 1589, Personalize Your Health leaders and the minority whip limited of the public. They know their choices, Care. to 5 minutes each, but in no event shall and they act to make sure that their f debate continue beyond 11:50 a.m. choices are respected. Doctors are more AFGHANISTAN f than three times likely than the aver- The SPEAKER pro tempore. The WHY DOCTORS DIE DIFFERENTLY age member of the public to have an advance directive that instructs fami- Chair recognizes the gentleman from The SPEAKER pro tempore. The lies, doctors, hospitals how they want North Carolina (Mr. JONES) for 5 min- Chair recognizes the gentleman from to be treated. That percentage is even utes. Oregon (Mr. BLUMENAUER) for 5 min- higher for older doctors. Mr. JONES. Last week, Congress- utes. They know, for instance, in their last woman BARBARA LEE and I asked for a Mr. BLUMENAUER. Recently, there moments, most doctors don’t want classified briefing on Afghanistan. has been a series of very powerful arti- CPR performed on them. Unlike on tel- Really, the only thing I can say about cles in the popular press about what we evision, where 75 percent of the CPR the briefing, because it was classified, call ‘‘end of life.’’ The most recent was instances that the American public is that I will continue to come to the by Dr. Ken Murray in The Wall Street watches are successful and patients go floor and to say let’s bring our troops Journal last week, entitled, ‘‘Why Doc- on to lead happy, normal lives, doctors home from Afghanistan. tors Die Differently.’’ This series of ar- know that after the ribs are broken, Also last week, we had two Army of- ticles focuses in on this end of life pe- which is what happens normally in ficers from Fort Bragg, North Carolina, riod—usually the most intense, the CPR that’s done properly, that fewer who were in Afghanistan to train, and most painful, the most expensive. It’s than 8 percent live even another they were shot by the Afghan trainee too often confusing for patients and month. at point blank range. This brings the

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 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.000 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1156 CONGRESSIONAL RECORD — HOUSE March 6, 2012 count to 42 Americans who have been stan 11 years after it started. The a pillar of support for the children of killed in Afghanistan while working money that we’re going to cut here in Plymouth. Quietly, and without rec- with the Afghans to train them to be America of the senior citizens and the ognition, John endowed a fund to ben- police and soldiers. When you factor in children who need programs to have a efit the Plymouth High School speech how many coalition troops have been better quality of life, we are going to team, a State leader in debate competi- killed, along with the Americans, it’s cut their programs, but we are going to tion. about 70. It is a totally impossible situ- keep spending $10 billion a month in To further advance the strength of ation, as well as the fact that we con- Afghanistan. It makes no sense. local schools, John has made donation tinue to spend $10 billion a month Madam Speaker, before I close, I after donation to help with the pur- there. would like to encourage every Member chase of books for school libraries, I have beside me, Madam Speaker, a of Congress—who has the authority, leadership seminars for students, and poster from the Greensboro News- should they want to implement that the expansion of scholarship and other Record in Greensboro, North Carolina. authority—to read the National Intel- award programs. In addition, John The headline is ‘‘Get Out,’’ and there is ligence Estimate on Afghanistan that maintains an intern program at U.S. an honor guard bringing a transfer case was published in 2011. It is classified, Granules, and it provides work experi- off the plane. The sad thing is that the but every Member of Congress can take ence and scholarship assistance and a day is on a Sunday in February 2011, 1 hour—it’s about 55 pages, I’ve read chance for our children to succeed and and we’re now in March of 2012. We it—and read it. You need to read it, for their dreams to come true. continue to spend money that we can- and then maybe you can help us make John has also been a supporter of not even account for. We send auditors better decisions here on the floor about youth baseball, in particular, American to Afghanistan to try to account for what in the world are we doing in Af- Legion Post 27, and he has also ex- the $10 billion a month that is being ghanistan spending Uncle Sam’s money tended his support to the Indiana Base- given to Mr. Karzai so he can lead Af- that he doesn’t even have. He has to ball Hall of Fame. When he was in- ghanistan—buy some new roads and borrow his money from the Chinese to ducted into the Indiana Baseball Hall camps, I guess—while our troops are pay Karzai. of Fame in 2009, he humbly, as he al- losing their legs, their arms, and their Where does that make any sense? ways did, reminded everyone that his lives in a war that should be ended The American people do not think it contributions were dedicated to his now, not later. We will, during the de- makes any sense. community’s youth and to their future bate on the DOD bill in May, continue We did a teletown hall about a month and that it was not about him. to try to bring amendments to the ago, and 66 percent of thousands of peo- John has also been an active board floor to bring some sanity to this in- ple that were on that call said bring member of the Saint Joseph Regional volvement in Afghanistan. our troops home now. Now, I realize Medical Center, where his work has As I mentioned many times, a former that’s the Third District of North Caro- helped provide vital health care for an marine commandant has been my ad- lina, the home of Camp Lejeune, Cher- entire region. He is a former director of viser on Afghanistan, and he continues ry Point Marine Air Station and New the Indiana Manufacturing Associa- to talk about the fact that we are River. tion, the Marshall County Industrial wearing out our military, the equip- Madam Speaker, I do want to close Association, and the Plymouth Indus- ment, our manpower. Yet, there is a by asking God to please bless our men trial Development Company. He has threat growing in the Pacific that we and women in uniform and ask God to served as fundraising drive chairman seem not to pay any attention to. continue to bless America. for the Marshall County United Way Recently, JIM MCGOVERN and I and f and the Plymouth emergency vehicle JOHN GARAMENDI and some others met fund. HONORING JOHN OLIVER with Lieutenant Colonel Danny Davis. John has also served in the United He is an active duty reservist who has The SPEAKER pro tempore. The States Army Reserves. He exemplifies been to Afghanistan. He returned just a Chair recognizes the gentleman from the promise and the spirit of America, couple of months ago, and had been Indiana (Mr. DONNELLY) for 5 minutes. that with hard work, determination, over there for almost 10 months. He Mr. DONNELLY of Indiana. Madam and love of country you can accomplish has written articles saying that the Speaker, today I rise to pay tribute to anything. Congress in these hearings with the John Oliver, an outstanding American On behalf of the citizens of Indiana’s military leadership is not getting the citizen who has shown commitment Second District, I would like to salute straight talk that we need to hear. Too and service to his hometown of Plym- John’s character, his personal achieve- many times they use the words: Well, outh, Indiana, our State, and our coun- ments, and his contributions to our the training of the Afghans is going try. community. pretty well, but it’s fragile, it’s real A native of Newcastle in the United We are very lucky to have been fragile. Kingdom, 50 years ago this month. touched by you, John, and for our lives John immigrated to the United States to have been changed by you. Happy b 1010 on March 19, 1962, when he was only 19. 50th anniversary as an American cit- Well, I’d like to say it’s real fragile. In 1975, he officially became a United izen. God bless you, and God bless the No, it’s even worse than that. You can- States citizen. He is a dear friend, not United States of America. not predict what is going to happen in only to me, but to people all around f the country of Afghanistan. We had the country and around the world. two marines from my district, Camp He began his journey in the manufac- GAS PRICES AND PRESIDENT Lejeune, the Marine base in the Third turing industry as a laborer for a small OBAMA’S ENERGY AGENDA District that I represent, that were research and development firm. He The SPEAKER pro tempore. The over there. moved to Plymouth, Indiana, to work Chair recognizes the gentleman from About 3 months ago, Sergeant Baldus for that company, ultimately becoming Pennsylvania (Mr. THOMPSON) for 5 and Colonel Palmer—Colonel Palmer its president in 1977. Nine years later, minutes. being from Cherry Point Marine Air John purchased the company and re- Mr. THOMPSON of Pennsylvania. Station and Sergeant Baldus from named it U.S. Granules, which today Madam Speaker, today, right now in Camp Lejeune, also, like these two produces 50 percent of the world’s gran- America, around the dining room ta- Army officers—were training in Af- ulated aluminum. With his leadership, bles at home, there are two topics of ghanistan. They were having dinner U.S. Granules remains a leader in tech- discussion that I have to think are with the Afghan trainees, and that nology and in quality, and they have most pressing during that dinner con- night one of the trainees stood up and established customers on five different versation, and that is unemployment shot and killed both of them. continents. and price at the pumps; and, frankly, This is not fair to the American sol- John’s heart and soul, though, is they’re both related, very closely. dier, marine, sailor, airman, Navy, with his family, his friends, and his Madam Speaker, before being ap- whatever, to continue to be in Afghani- service to his community. He has been pointed to office, President Obama’s

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.004 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1157 Energy Secretary Steven Chu stated: seas off the Alaska coast, eliminating sat in this section, was a quiet, right- ‘‘Somehow we have to figure out how development of reserves that the gov- eous, courageous man with whom I had to boost the price of gasoline to the ernment estimates could be as large as the good fortunate to travel at the re- levels in Europe.’’ 65 billion barrels of oil. quest of and sponsorship of CARE and Well, Madam Speaker, at the time of In May of 2010, the administration the Gates Foundation to Rwanda and that statement, gasoline prices in Eu- canceled the Virginia offshore lease to the Congo last August. rope were $8 to $10 a gallon. Last week, sale, which had bipartisan support He cared about children greatly. He the Energy Secretary made headlines from the Virginia Governor and the cared about education. He cared about when he seemed to say the administra- Virginia congressional delegation. The people, and was very upset some years tion’s goal was not to lower gas prices. administration also canceled the re- back when Don Imus, the radio shock Considering the goal is not to lower gas maining 2010 Gulf of Mexico lease sales. jock, said some wrongful things about prices, this may be the first time that In December of 2010, the administra- the Rutgers women’s basketball team the administration’s energy policies tion extended the moratorium on leas- that cost Mr. Imus his position. And match its rhetoric. ing off the Atlantic and eastern Gulf of that brings me to what I was going to Now, despite the President’s rhetoric Mexico through 2017. speak about today. about the need for increased domestic In January 2012, President Obama re- Yesterday, I mentioned that I slept production of fossil fuels, to date, this jected the Keystone XL pipeline. Esti- well on my Sleep Number bed, and I administration has seemingly done ev- mates show that the Keystone XL pipe- slept well on my Sleep Number bed last erything it can to block production. line would add 1.1 million barrels a day night because they canceled their ad- But the purpose of these remarks is to of friendly Canadian oil to our Gulf of vertising on the Rush Limbaugh show. highlight not the administration’s Mexico refineries. I mentioned that advertisers are acces- statements but, instead, their policies. Madam Speaker, moving forward sories to the crime when radio people Let’s look at the record, starting with a credible energy policy can only go too far and destroy someone’s char- with some positive things that hap- be achieved if we all have a shared un- acter, or try to, and make libelous pened just before President Obama derstanding of the facts. Global de- statements. Limbaugh did that when took office and continuing through 2012 mand for oil is increasingly driven by he called Sandra Fluke some names, to present day, as shown on this graph. developing economies such as China said she did some things or whatever, First of all, July of 2008, at the peak and India. In the U.S., our demand is that were wrong, totally wrong. of the 2008 gas price spike, President down 6 percent year after year, and Eleven advertisers have pulled their George Bush removed 18 years of Presi- prices are still skyrocketing. And it’s advertising because they don’t want to, dential Executive Orders restricting going to stay that way. in the future, be accessories to such offshore oil and gas energy develop- Eighty-five percent of the world’s en- conduct. Talk radio has gone way over ment. Prices began to fall imme- ergy consumption comes from hydro- the top in this country, doing anything diately, almost overnight. Given the carbons—oil, coal, and natural gas. for ratings and money. fact that not one additional barrel of While renewable energy is needed and It came to my attention that two oil was drilled, it was a message to the new consumption efficiencies should be radio stations have dropped Rush market, a strong message to the mar- encouraged to meet future energy de- Limbaugh, and it’s not just advertisers ket that America finally recognized mands, hydrocarbons will be the domi- but it’s radio stations that are acces- that the American taxpayers owned as- nant source of fuel for the world’s sories to the fact of this type of crime. sets in oil and were willing to use economy for many decades to come. No It’s not like we don’t know it’s coming them. What a message to the market it one can deny that before we can create because it’s been out there for people would be today, a similar message. But an energy supply that is substantially to see for years, and they’ve sat by as back in 2008, that’s where we saw this more diversified, we are going to need this type of lies and hateful speech and drop begin to start. more fossil fuels to get us there. wrongful speech has taken place on the Now, in September of 2008, just a cou- We’re not running out of Natural Gas. In radio, Rush Limbaugh being the main ple of months later, Congress finally 2000, shale gas represented just 1 percent of violator of people’s rights. followed, after its 26-year ban on off- American natural gas supplies. Today, it is 30 I decided last night in my elections shore drilling, to allow that to expire. percent and rising. to come—and I’ve got a primary and a Prices at the pump, as you can see, We are not running out of oil. Former CEO general—I’ve always bought billboard Madam Speaker, dropped dramatically, of Shell, John Hoffmeister, stated last week on advertising, and Clear Channel almost even more. State of the Union, ‘‘We use 20 million barrels has a monopoly in my city on bill- Then President Obama took office. a day every day in a full economy in this boards, and they have Rush Limbaugh February 2009, soon after, not long country. We only produce 7. We used to on their network, that until they drop after inauguration, the administration produce 10. Let’s go back to 10. We know Rush Limbaugh, I’m not going to buy rescinded oil shale lease plans put in how to produce 10. We have the oil to billboards for my campaign. place during the Bush administration produce 10 for decades to come.’’ I’m also going to discontinue radio to aid the production of oil in U.S. Unfortunately, this Administration is pre- advertising on Clear Channel, which Government lands. These are lands venting the U.S. from developing additional I’ve done in the past. It might hurt me that are owned by Federal taxpayers. energy supplies to meet our demand. As a re- a little bit politically, but it’s the right President Obama’s actions reduced pro- sult, families are struggling with rising energy thing to do. That type of conduct duction of oil in the United States Gov- costs and higher gas prices at the pump. should not be advanced on the airwaves ernment lands, and we see what con- Madam Speaker, these are the facts and that are supposed to be for the public tinues to happen with prices. the solutions are within our reach. good. It’s interesting to note that Don In June of 2010, the House Democrats f Imus’ comments were about women, passed a cap-and-trade national energy and Rush Limbaugh’s comments are STOP BEING ACCESSORIES TO about women. It seems to be fair game tax, which would have dramatically in- CRIME creased gasoline prices. sometimes for men on radio to take on In November of 2009, the administra- The SPEAKER pro tempore. The women and cast aspersions. tion unilaterally shortened lease terms Chair recognizes the gentleman from Don Imus learned his lesson, and he on some Outer Continental Shelf Tennessee (Mr. COHEN) for 5 minutes. said that Rush Limbaugh’s apology leases. Well, this policy not only dis- Mr. COHEN. Madam Speaker, I came was inadequate and weak and cow- couraged oil and natural gas produc- here to speak about a topic which I will ardly, and indeed it was. He hasn’t tion, but also decreased much needed address shortly, but I couldn’t not take called the lady. He hasn’t come to government revenues. the moment to reflect on the passing of Georgetown University and made a great man who served in this Cham- amends to all those women whose char- b 1020 ber since 1989, Representative DONALD acter he impugned in misogynist state- In March of 2010, the administration PAYNE of New Jersey, who passed away ments, and he hasn’t given a proper canceled the remaining lease sales in this morning. Representative PAYNE apology. He said he used inappropriate

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.006 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1158 CONGRESSIONAL RECORD — HOUSE March 6, 2012 words. He was on an inappropriate thing hardworking Americans need is and the island’s long use as a military topic. And Mitt Romney certainly for gas prices to soar even higher. training range. didn’t rise to the occasion when he said While drastic reductions in the sup- In December, the Agency for Toxic they weren’t the words he would have ply of crude oil would be devastating to Substances and Disease Registry, an used. It wasn’t an area that anybody the world economy, the threat of a the- agency within HHS, released a draft re- should have brought up or even ocratic, unstable Iranian regime bent port that addresses whether there is thought about. on the destruction of Israel and its al- evidence of a causal relationship be- Limbaugh said that the woman want- lies is even worse. A nuclear Iran will tween the identified health problems ed to be paid for sex because she, in his not care about economic sanctions. A and the Navy’s activities. ATSDR ex- thoughts, wanted contraception so she nuclear Iran will not care about diplo- amined five ‘‘pathways’’ through which could have sex without the fear of preg- macy. A nuclear Iran will not nego- residents of Vieques might have been nancy. It’s funny, Rush Limbaugh tiate in good faith. And a nuclear Iran exposed to harmful contaminants: air, never questioned anybody getting a will not be a friend of the United soil, fish, local produce and livestock, vasectomy, for what’s the use of a vas- States. and drinking water. The conclusion ectomy, that’s covered by insurance, Perhaps the greatest threat to peace reached by ATSDR in its draft report is but to have sex without the fear or pos- and security in the world is the refusal generally the same as the conclusion sibility of pregnancy. He said because to heed the warnings of the most vio- reached by the agency in a series of she wanted sex paid for by the tax- lent and dangerous regimes when they controversial public health assess- payers that he ought to be able to tell us what their exact intentions are. ments it conducted on Vieques about a watch it. Well, I wonder if he wants to My hope is that it will not be a mis- decade ago, specifically, that the avail- watch all the men who had vasectomies take of this Nation, one that this Na- able data does not establish that the have their sex. tion makes with this regime in Tehran. contaminants in these pathways, some There’s something wrong in the Again, my hope is that it will not be of which can be linked to military ac- country, and the advertisers and the our mistake not to pay attention to tivities, were at levels expected to radio stations are responsible, and they the signals from the regime in Tehran. cause the reported health problems. need to take appropriate moral and Because the draft report leaves many f ethical action and not continue to be crucial questions unanswered, today accessories to the fact and support b 1030 I’m filing extensive comments that I such trash. THE AGENCY FOR TOXIC SUB- urge ATSDR to address before its re- f STANCES AND DISEASE REG- port is finalized. My comments are in- CONTINUING IRANIAN THREAT ISTRY DRAFT REPORT ON tended to be constructive, because my constituents deserve a meticulous eval- The SPEAKER pro tempore. The VIEQUES, PUERTO RICO uation of the draft report aimed at pro- Chair recognizes the gentlewoman from The SPEAKER pro tempore. The ducing concrete action by the Federal Florida (Mrs. ADAMS) for 5 minutes. Chair recognizes the gentleman from Mrs. ADAMS. Madam Speaker, I Government. Puerto Rico (Mr. PIERLUISI) for 5 min- In my comments, I note that ATSDR come to the floor today to speak about utes. the continuing Iranian threat to the repeatedly acknowledges that its con- Mr. PIERLUISI. Madam Speaker, I clusions are not definitive, or even United States and Israel. rise to discuss a subject of great impor- Just as the President of Iran con- close to it, because the available data tance to me, to the people I represent, tinues to spew his vile poison into the upon which the agency relies is incom- and to many of our fellow citizens civil discourse of the United Nations, plete in many respects. While ATSDR around the country, and that is the the regime of the Ayatollah issued a recommends that further studies be health of nearly 10,000 residents of threat of violent aggression 2 weeks conducted to fill certain data gaps, the Vieques, Puerto Rico. ago against Israel through the deputy agency does not go far enough. The people of Vieques sacrificed as head of the armed forces. In 2009, ATSDR stated that it ex- Through its actions, Iran has proven much as, if not more than, any other pected to recommend biomonitoring to that it will never work with the peace- U.S. civilian population to advance our determine whether, and to what ex- ful nations of the world community. In military readiness. In the 1940s, the tent, residents have been exposed to fact, in yet another affront to diplo- Federal Government expropriated harmful chemicals. Yet, in a startling macy, Iran recently offered to allow in- lands on Vieques for use by the Navy. reversal, the agency has now stated spectors from the IAEA into the coun- For over 60 years, the Navy conducted that ‘‘it is not recommending a com- try only to refuse them entry into the training operations on eastern Vieques, prehensive, systematic biomonitoring most important facilities to examine including ship-to-shore bombing, aerial effort at this time.’’ those nuclear sites in dispute. bombing, and ground-based exercises. Given the health problems on The threat of a nuclear-armed Iran is The Navy has reported that it dropped Vieques and the potential link between not only a threat to Israel; it is also a between 3 and 4 million pounds of ord- those problems and military activities, direct threat to the United States and nance on Vieques each year between such an action is misplaced. Therefore, to the entire world community. Just 1983 and 1998. I have urged ATSDR to recommend a this week, the chief of the Inter- Training operations on Vieques comprehensive biomonitoring inves- national Atomic Energy Agency said ceased in 2003, in part due to concerns tigation. More generally, I have en- there were unspecified activities at an about the risks to safety, health, and couraged ATSDR and other Federal Iranian military site which inspectors the environment posed by decades of agencies, working in partnership with wanted to visit. weapons use. The Navy is now admin- independent researchers, to take a The Iranian regime has publicly istering the cleanup of Vieques with more active and assertive role in de- threatened to close the Strait of support from other Federal and local signing, implementing, and especially Hormuz, a major shipping route for agencies. In 2005, the EPA listed funding the additional studies that are Middle Eastern nations to export oil Vieques as one of the most hazardous still needed to determine the nature and supply the world’s energy needs. sites in the U.S. To date, over 35,000 and potential causes of the health This threat by Iran amounts to eco- munitions on Vieques have been recov- problems being experienced by resi- nomic warfare, as the closure of the ered and destroyed, including at least dents of Vieques. Strait of Hormuz would trigger spikes 19,000 live munitions. It is unacceptable that more than a in crude oil, gasoline bottlenecks in Unfortunately, numerous studies decade after ATSDR completed its first the supply chain, increased prices for have shown that residents of Vieques public health assessments on Vieques, all manufactured goods, and would have higher rates of cancer and other fundamental questions about the safe- likely lead to massive increases for gas chronic illnesses than residents of ty of the island’s environment and the here in the United States. mainland Puerto Rico, raising serious health of its residents remain unan- At a time when our domestic econ- questions about whether there may be swered. My constituents deserve bet- omy is struggling to recover, the last a link between those health problems ter.

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.008 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1159 TOMB OF THE UNKNOWNS went to the landfill would require searching e-mail in July from Trevor Dean, the mor- through the records of more than 6,300 troops tuary director, saying that incinerated re- The SPEAKER pro tempore. The whose remains have passed through the mor- mains had been taken to landfills at least Chair recognizes the gentleman from tuary since 2001. since he began working at Dover in 1996. Ohio (Mr. STIVERS) for 5 minutes. ‘‘It would require a massive effort and time Dean is one of the officials facing discipline Mr. STIVERS. Madam Speaker, I’ve to recall records and research individually,’’ for his role in the reported mismanagement served for 26 years in the Ohio Army Jo Ann Rooney, the Pentagon’s acting un- at the mortuary. National Guard and had the pleasure of dersecretary for personnel, wrote in a Nov. 22 Smith’s husband, Sgt. 1st Class Scott R. letter to Rep. Rush D. Holt (D–N.J.). Smith, a member of a bomb-disposal unit, serving with many brave men and Holt, who has pressed the Pentagon for an- women over the years, including a tour was killed on July 17, 2006. In 2007, she began swers on behalf of a constituent whose hus- asking the military what happened to some of duty in Operation Iraqi Freedom. As band was killed in Iraq, accused the Air of his remains that were identified after his a member of the armed services as well Force and Defense Department of hiding the funeral. as a Member of Congress, I was shocked truth. After four years of letters, phone calls and and horrified last year by reports of ‘‘What the hell?’’ Holt said in a phone records requests, she received a letter from the Dover Air Force Base mortuary interview. ‘‘We spent millions, tens of mil- the mortuary in April stating that the mili- lions, to find any trace of soldiers killed, and sending veterans’ remains to the tary cremated and incinerated those partial they’re concerned about a ’massive’ effort to remains and disposed of them in the King Prince George landfill. go back and pull out the files and find out The Washington Post reported on De- George landfill. how many soldiers were disrespected this ‘‘I hope this information brings some com- cember 7, 2011, that they uncovered way?’’ He added: ‘‘They just don’t want to fort to you during your time of loss,’’ read ‘‘976 fragments from 274 servicemem- ask questions or look very hard.’’ the letter, signed by Dean. bers that were cremated, incinerated Senior Air Force leaders said there was no Smith was infuriated. ‘‘They have known intent to deceive. ‘‘Absolutely not,’’ said Lt. and taken to the landfill between 2004 that they were doing something disgusting, Gen. Darrell D. Jones, the Air Force’s deputy and they were doing everything they could and 2008.’’ This is an outrage. It dis- chief of staff for personnel. respects our men and women in uni- This week, after The Post pressed for infor- to keep it from us,’’ she said in a phone form, and it can’t be allowed to stand. mation contained in the Dover mortuary’s interview. In May 2008, then-Defense Secretary Rob- electronic database, the Air Force produced The first step to fixing this is cre- ert M. Gates ordered a detailed review of ating a proper memorial for those who a tally based on those records. It showed that 976 fragments from 274 military per- policies at Dover after an Army officer com- have served our country so well and plained that the mortuary had cremated a given their last measure of devotion. sonnel were cremated, incinerated and taken to the landfill between 2004 and 2008. fallen comrade at a nearby funeral home I’m working on legislation to create a An additional group of 1,762 unidentified that also cremated pets in a separate cham- Tomb of the Unknowns at Arlington remains were collected from the battlefield ber. National Cemetery for every conflict and disposed of in the same manner, the Air The review team ordered changes, empha- moving forward. This plan will be paid Force said. Those fragments could not under- sizing the need to ensure the highest levels of dignity and honor. for by taking money from the Air go DNA testing because they had been badly burned or damaged in explosions. The total The Pentagon would not release the report, Force, because that’s where the poor which was overseen by David Chu, who was decisions were made. I plan to intro- number of incinerated fragments dumped in the landfill exceeded 2,700. undersecretary of defense for personnel. A duce this legislation very soon. A separate federal investigation of the copy obtained by The Post, however, shows To those who have given their final mortuary last month, prompted by whistle- that the landfill disposal practice was never measure of devotion in service to our blower complaints, uncovered ‘‘gross mis- reviewed or mentioned. Chu, now president country, they deserve a final resting management’’ and documented how body of the Institute for Defense Analyses in Alex- place worthy of their dedication, com- parts recovered from bomb blasts stacked up andria, declined to comment. in the morgue’s coolers for months or years Private contractors hired by the Air Force mitment, and devotion, and we need to to handle the remains’ incineration and dis- give that to them. before they were identified and disposed of. The problems also transpired at a time posal of the residue said they were unaware God bless the United States of Amer- when the mortuary was shielded from public that they were transporting the ashes of ica. scrutiny. News coverage of the return of fall- dead troops. Records show that the Air Force [From the Washington Post, Dec. 7, 2011] en troops to Dover was banned by President hired the contractors to dispose of medical AIR FORCE DUMPED ASHES OF MORE TROOPS’ George H.W. Bush in 1991 before the first waste and did not specify that cremated REMAINS IN VA. LANDFILL THAN ACKNOWL- Persian Gulf War. The ban remained until body parts were included. MedTrace Inc. of North East, Md., had Air EDGED April 2009, when the Obama administration Force disposal contracts between 2004 and (By Craig Whitlock and Mary Pat Flaherty) lifted it. The Air Force said it first cremated the re- 2007, records show. Don Holland, a manager The Air Force dumped the incinerated par- mains and then included those ashes in larg- for the company, said his employees picked tial remains of at least 274 American troops er loads of mortuary medical waste that up boxes of sealed containers from the Dover in a Virginia landfill, far more than the mili- were burned in an incinerator and taken to a mortuary. tary had acknowledged, before halting the landfill. Incinerating medical waste is a ‘‘They were certified as medical waste that secretive practice three years ago, records common disposal practice but including cre- had been properly treated—that’s it,’’ Hol- show. mated human ashes is not, according to fu- land said. ‘‘We don’t go looking at what’s in The landfill dumping was concealed from neral home directors, regulators and waste there. It’s sealed.’’ families who had authorized the military to haulers. MedTrace took the items to an incinerator dispose of the remains in a dignified and re- Air Force officials said they do not know in Baltimore, according to state records in spectful manner, Air Force officials said. when the landfill disposals began. They said Delaware, where the mortuary is located. There are no plans, they said, to alert those their first record of it is Feb. 23, 2004. The Holland declined to discuss the incineration families now. mortuary database became operational in and which landfill his company used. The Air Force had maintained that it late 2003. Lisa Kardell, a spokeswoman for Waste could not estimate how many troops might The Air Force said mortuary leaders de- Management, which operates the King have had their remains sent to a landfill. cided to end the practice in May 2008 because George landfill, said the firm has no record The practice was revealed last month by The ‘‘there was a better way to do it,’’ Jones of a contract with MedTrace for the years Washington Post, which was able to docu- said. The military now cremates unclaimed 2003 through 2008. ment a single case of a soldier whose partial and unidentified body parts and buries the She said that Air Force officials have not remains were sent to the King George Coun- ashes at sea. returned calls over the past two weeks from ty landfill in Virginia. The new data, for the Jones said the Air Force did not need to in- her company’s attorneys, asking which haul- first time, show the scope of what has be- form relatives of troops whose remains ended ers would have been handling the Dover ma- come an embarrassing episode for vaunted up in the landfill because they had signed terials and the disposition of the ashes. Dover Air Base, the main port of entry for forms stipulating that they did not wish to ‘‘Obviously, we would be opposed to taking America’s war dead. be notified if additional remains were identi- cremated remains of our servicemen and The landfill disposals were never formally fied. The forms authorized the military to servicewomen and putting them in our land- authorized under military policies or regula- make ‘‘appropriate disposition’’ of those sub- fill,’’ Kardell said. ‘‘But it sounds like a lot tions. They also were not disclosed to senior sequent remains. of us were pulled in unknowingly to this un- Pentagon officials who conducted a high- Asked if the landfill was a dignified final fortunate situation with the Air Force,’’ she level review of cremation policies at the resting place, Jones said: ‘‘The way we’re added. Dover mortuary in 2008, records show. doing it today is much better.’’ ‘‘It’s a moral thing,’’ said Jeff Jenkins, the Air Force and Pentagon officials said last Gari-Lynn Smith, the widow of an Army manager of the King George landfill. ‘‘Some- month that determining how many remains sergeant killed in Iraq, said she received an one killed overseas fighting for our country,

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.010 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1160 CONGRESSIONAL RECORD — HOUSE March 6, 2012 I wouldn’t want them buried—any part of some sort of birth control at some deadly tornados descended upon south- them—in the landfill.’’ point during their lives. Birth control ern Indiana communities, leaving be- f can cost up to $600 a year. So for a col- hind a 50-mile path of destruction from WOMEN’S HISTORY MONTH AND A lege student, a woman who’s had mul- New Pekin to Chelsea and beyond. Our WOMAN’S RIGHT TO CHOOSE tiple children and is still in child- people are still assessing the costs, but bearing years, low-income women or we know this much: 13 Hoosiers have The SPEAKER pro tempore. The those who are underinsured, insurance died, scores have lost their homes and Chair recognizes the gentlewoman from coverage means the difference between businesses, and citizens across the re- California (Ms. RICHARDSON) for 5 min- accessing contraceptive services or gion have suffered untold damage to utes. not. their personal and public property. Ms. RICHARDSON. In this month of b 1040 As hard as it is to imagine, the trag- March, as we celebrate Women’s His- edy might have been worse were it not tory Month, I would like to take a mo- Quite simply, Madam Speaker, all for the bravery and resilience of rank- ment to recognize some of our great fe- women should have the choice and ac- and-file Hoosiers. Our firemen, police- male leaders who, throughout history, cess to contraception and have the re- men, EMTs, and local officials deserve sources no matter where they work, have persevered in the face of monu- our thanks. Those who serve in Indi- where they live, or where they go to mental opposition and successfully ana’s National Guard, our State police, college. This is why I’m proud to sup- have accomplished great things on be- and our Department of Homeland Secu- port President Obama’s Affordable half of the American people. rity stepped up, too. From the initial Care Act, which I voted on, which will From the words of the great poet, response through the ongoing efforts make a positive impact on women and Maya Angelou, from the beautiful sing- today, their service has been exem- children in their access to health care ing voice of Marian Anderson, from the plary. and greatly decrease the number of tireless activism of Dolores Huerta, to But it has been concerned citizens, women and their families who are un- the groundbreaking leadership of Sec- so-called ‘‘ordinary’’ Americans who retary of State Hillary Clinton, Sec- insured or underinsured. Studies have shown that women who have restored a measure of stability to retary of Labor Frances Perkins, and, a region pummeled by forces beyond of course, our own Democratic leader have health insurance don’t always re- ceive the medical care they need be- our control. There was a bus driver in NANCY PELOSI, these women and many Henryville who, in the nick of time, more have played an integral role in cause their policies don’t cover certain services or the women simply can’t af- rushed dozens of children back to the history in this Nation. school to protect them from the ap- Madam Speaker, every day, women ford the high deductibles and copay- ments. The Affordable Care Act proaching twister. There were the take great strides to help others and to EMTs off Interstate 65 who saw a improve the quality of life for every- changes this unfortunate reality by as- sisting women in gaining access to woman thrown from her car and saved one. Unfortunately, in matters involv- her from being pummeled by hail by ing health care, women are still facing basic preventive health care in order to prevent life-threatening diseases in the dragging a large metal sign across the these challenges. Whether it’s on the road and holding it over her. They like- Senate floor last week during a debate future. Our country is facing great chal- ly saved her life. on the Blunt amendment or whether lenges. People need jobs. Students need There were parents and friends and it’s during a House Committee on Over- affordable education. Seniors and even strangers across southern Indiana sight and Government Reform hearing, working families need affordable who, as danger approached, took a mo- women continue to face unwarranted health care. But one thing we don’t ment to extend a hand to others and attacks on their reproductive health need is to continue to waste time de- said, Come inside, we’ll find room. rights and their access to contracep- bating extreme legislation that is dan- After the storms left their mark, Hoo- tives. gerous to women’s health, disrespects siers immediately turned to accounting More disconcerting, these debates the judgment of American women, and for loved ones and comforting neigh- and veiled attacks have escalated be- is nothing less than the most com- bors. yond misguided attempts to repeal the prehensive and radical assault on wom- The damage was and is severe. One Affordable Care Act. Now they’ve en’s health in our lifetime. tornado—by some accounts a half-mile taken aim at restricting women’s Madam Speaker, as people all over wide—carved a clear path through choices in the area of reproductive America pay tribute during the month southern Indiana, ripping trees out of health altogether. This is wrong. Med- of March to the generations of women the Earth, hurling automobiles and ical decisions about a woman’s health who have committed to progress and combines long distances, severing must leave the political arena and be have proved invaluable assets to our power lines, and decimating countless left to the discretion of the patient and society, let us in Congress renew our homes and businesses. Here, again, their doctor, not employers, and cer- commitment to support women—not Hoosiers didn’t sit around and wait for tainly not the government. with certificates at banquets, but by others to help us out. We got to work. It is astonishing and disappointing working to ensure equal treatment of Now, over the weekend I spent time that more than 50 years after the land- all women in society, providing women surveying the damage and meeting mark Supreme Court decision in Gris- with equal access to health care, and with those who lost the most. Every- wold v. Connecticut, a decision which protecting women’s rights, and their where I visited, I met citizens wearing found that women have a constitu- families, to choose once and for all work boots and work gloves who were tional right to use contraceptives, con- their own health care. busily beginning to sort through the tinued attacks on women’s rights of piles of rubble. I met others who had f privacy and health care still persist, fired up their chainsaws and were and at an alarming rate. HOOSIERS MAKE INDIANA PROUD clearing debris from roadways. I saw The American people want us to The SPEAKER pro tempore. The clusters of cars and pickup trucks work towards addressing their top pri- Chair recognizes the gentleman from parked outside homes that were hit ority: creating jobs, not their reproduc- Indiana (Mr. YOUNG) for 5 minutes. hardest. tive rights. However, this Congress Mr. YOUNG of Indiana. Madam In the aftermath of such a tragedy, seems to be more focused on bringing Speaker, I rise today because I’ve never one would be forgiven for asking: Why forward legislation that targets wom- been prouder to call southern Indiana me? But I never heard it. Instead, time en’s access to basic health care. In this home. Late Friday afternoon, in our and again I heard Hoosiers sympathize Congress alone, we’ve taken eight part of America, a disaster brought with those who lost more than they. votes on antiwomen health legislation. neighbors together, turned strangers And more than one person told me A 2011 Guttmacher Institute study into friends, and reminded us all what that, in the end, stuff doesn’t really found that over 90 percent of women, it means to be part of a community. matter; it’s people that are important. and over 90 percent of Catholic women, Over the course of several hours, I heard sincere, caring people ask between the ages of 15 and 44 have used fierce winds, softball-sized hail, and their neighbors: How can I help? In

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.007 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1161 Henryville, a pizza shop was mostly de- I can tell you from firsthand experience transportation in America for the ben- stroyed, except for the freezer. The that this proposal would have a profoundly efit of all of our citizens. negative impact on the ability of our clients couple who owned it, rather than wor- f rying about the loss of their business, to go about their daily lives. Many clients use public transportation to access our serv- REMOVE THE FOREIGN TERRORIST asked officials how they could donate ices, seek and hold employment, and remain ORGANIZATION DESIGNATION food from the freezer to those who independent. This legislation puts jobs and FROM THE MEK needed it most. the services this agency provides to vulner- In Marysville, the local Christian able populations at risk. The SPEAKER pro tempore. The Chair recognizes the gentleman from church remains intact, but little else. A constituent from Prince William Texas (Mr. POE) for 5 minutes. Pastor Bob Priest told me their dec- County bemoaned the dearth of transit ades-old building is no longer struc- Mr. POE of Texas. Madam Speaker, investments and commented: for nearly a decade the United States turally sound, but the congregation For nearly 30 years, beginning with Presi- has never been stronger. has invested money, sweat, blood and dent Reagan, a portion of Federal motor tears, all in the name of a free and For those of us who have seen the fuels tax revenues has been dedicated to pub- scale and scope of destruction up close, lic transportation investment under Federal democratic Iraq. we know the path back will not be law. These revenues are a dependable and Before the war, Iraqis suffered from easy, but we will fix all that Mother predictable source of funding and should re- the oppressive dictatorship of Saddam Nature broke. Government at all levels main dedicated to public transportation. The Hussein, and recent events have led me to believe that perhaps the new govern- will and must be there to help, from House Ways and Means plan would eliminate ment does not value freedom any more local authorities, to the State of Indi- this reliable funding source and provides no funding for public transportation after 2016. than the last one did. ana, to our congressional offices. My A senior citizen from Springfield, As a Member of Congress, I’ve been staff and I, in particular, are eager to fortunate to go to Iraq several times to connect our constituents to whatever Virginia, worried about the impact of this legislation on alternative trans- visit with our troops. And during my Federal services and funds might be last visit with a bipartisan congres- available to help them get their lives portation options, said: I strongly encourage you to vote ‘‘no’’ on sional delegation, we also met with back on track. But make no mistake, Iraqi Prime Minister Maliki. During it will be the people of Indiana, the H.R. 7. I am 65 years old and have spent the last 10 years of my life utilizing the paths the 2-hour-long discussion covering people of tight-knit communities like and trails around Fairfax County and this many things, I asked one question: Henryville, Marysville, Chelsea, and area of the country for safe biking and exer- ‘‘Can we go see Camp Ashraf?’’ New Pekin, who will rebuild their bro- cising. Their existence has been critical to Now, Madam Speaker, Camp Ashraf ken lives. my efforts to improve my personal health. houses Iranian dissidents who are Now, during these tough times, Hoo- These trails cost so little compared to build- called the MEK, and I represent a good siers are reminding us what it means ing highways and using automobiles and number of Iranian Americans who have to be a community of citizens—one Na- have tremendous benefits to all of us. Please family members in this camp. They are tion under God, indivisible, come what do not allow this bill to halt the great particularly worried at this point in may. That sense of community has al- progress that this country has made in its trails. Please vote ‘‘no’’ on H.R. 7. time, since Iraqi forces had recently ways bound Americans together in killed 36 residents at the camp just a tough times, and it will get us through b 1050 few weeks before. Here are the pictures this tragedy as well. A constituent from Gainesville, of those real people that were killed by May God be with those Americans Prince William County, Virginia, the Iraqi forces that came into the who are putting their lives back to- where they have one of the longest camp. gether. We’re praying for you and here daily commutes in America: Here is an example. You notice this for you. I am writing in opposition to the proposal is an American-made HUMVEE coming f to pay for any of H.R. 7 through cuts to Fed- into the camp. And over here on this far picture, you see an Iranian dis- VOTE ‘‘NO’’ ON AMERICAN ENERGY eral workers’ pay and benefits. I urge you to vote against any plan that unfairly targets sident being run over by one of those AND INFRASTRUCTURE JOBS ACT Federal workers and retirees to pay more for HUMVEES driven by an Iraqi soldier. The SPEAKER pro tempore. The their fair share. Our nation’s Federal work- So that is why the question was Chair recognizes the gentleman from ers are already doing their part to address asked: can we go see the camp and see Virginia (Mr. CONNOLLY) for 5 minutes. America’s deficit problem, which they did these Iranian dissidents? And of course, Mr. CONNOLLY of Virginia. Madam not cause. Their pay freeze will have contrib- Maliki said, ‘‘no way that’s going to Speaker, last month, the House Repub- uted over $60 billion to debt reduction. happen.’’ It left me wondering why he lican leadership commemorated Valen- A constituent from Fairfax echoed would refuse to let us see and talk to tine’s Day by planning a shotgun wed- those concerns: these people and get the other side of ding between transportation reauthor- Congressman Connolly, I am contacting this invasion by the Iraqi soldiers. So ization and the Arctic National Wild- you about H.R. 7. I’m disgusted and appalled we didn’t get to go. And later I learned life Refuge; between highway funding that those in public service are being tar- that one reason we were actually told and Federal pension cuts. Many Mem- geted yet again to fix Federal budget short- to leave the country is because we falls they didn’t cause. As a Federal em- bers of this House spoke for and asked to go see this camp and what ployee, I’m acutely aware of the shared sac- happened to these 36 Iranian dissidents. against this troubling bill, but I think rifices Federal employees have made in these it’s time Congress started listening to turbulent times. I appreciate your support And now we have Camp Liberty. the people. and representation in defeating this bill. Camp Liberty, Madam Speaker, is the result of the fact that in Camp Ashraf, Consider what my constituents wrote Madam Speaker, my constituents the Iraqi government is moving these me when they asked me to oppose this make a compelling case. Americans are transportation disinvestment plan. One dissidents to another camp called looking for a long-term solution to Camp Liberty. These dissidents are concerned citizen in Vienna said: transportation. Like any successful re- I’m writing to urge you not to support the commonly referred to as the MEK, and lationship, this one must be balanced, Camp Liberty, ironically, should be proposed American Energy and Infrastruc- with sustained investment in high- ture Jobs Act. This bill is anti-jobs, anti- symbolic of a name of freedom, but it’s business, anti-transit, and anti-environment. ways, transit, and non-motorized anything but that. It slashes funding for transit, guts our Na- transportation. We can’t slash funding Now the Iraqi government, having tion’s environmental laws, and green-lights a in 45 of the 50 States, including my moved these dissidents from Camp set of controversial and damaging new drill- home State of Virginia, while elimi- Ashraf to Camp Liberty, is still op- ing projects, including in the Arctic National nating all dedicated funding for transit pressing these Iranian dissidents. The Wildlife Refuge. and hope to solve our transportation reality is Camp Liberty is worse than The director of a nonprofit in Dum- problems. Camp Ashraf. fries, Virginia, worried about the utter I urge my Republican colleagues, Former New York Mayor Rudy lack of transit support in the proposed junk this bill. Let’s start over again Giuliani said it best: ‘‘This isn’t a jail, legislation, wrote: and work in a bipartisan fashion for it’s a concentration camp.’’

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.012 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1162 CONGRESSIONAL RECORD — HOUSE March 6, 2012 Even in prisons, we allow lawyers to Ms. WOOLSEY. Madam Speaker, Platform advances the idea that we see their clients and their family to see there was good news on the national make the world safer, not through acts their loved ones. But not in Camp Lib- security front last week. North Korea, of war and arms escalation, but erty. And remember, these people in one of the most dangerous rogue na- through cooperation and conflict reso- Camp Liberty, these Iranian dissidents, tions on the Earth, far more dangerous lution. have committed no crime. They have than Iraq was when we invaded 9 years For nearly my entire life, the world violated no law. You can’t help but ago, has agreed to suspend nuclear has lived under a shadow of nuclear think that good old Maliki has some- weapons activity. Through careful di- confrontation. My oldest child turned thing to hide again. plomacy, the Obama administration 50 over the weekend. He was an infant But word is leaking out that there’s has secured this concession by offering in my arms during the terrifying days not enough drinking water in the badly needed nutritional assistance to of the Cuban Missile Crisis. We can’t camp, there are ruptures in the sewage North Koreans. make another generation go through system, and they’re having to be fixed The North Korean regime has also that. by hand by the residents. consented to stop uranium enrichment, Actually, my 7-year-old grandson, Iraqi guards have their will at the impose an important moratorium on Jake Eddie, is joining me in Wash- camp, and they wander around with no long-range missile testing, and allow ington this week, and I believe it is our rules. They violate the privacy of these international weapons inspectors into responsibility to make a promise to Iranian dissidents, many of whom are the country for the first time in 3 him and to his classmates and his women. years. peers. Our legacy to them must be a What’s more, no one, not even the Of course, we must remain cautious, world free of nuclear weapons. Our leg- U.N., is confident that once political and we must remain vigilant in our acy to them must be a peaceful future. refugee determination is made by other dealings with North Korea. But it’s And one step in the right direction, in countries, those countries will accept clear that peaceful negotiations and di- the memory of DONALD PAYNE, is to these dissidents into their country. plomacy, as opposed to saber rattling bring our troops home from Afghani- Why? that we’ve seen much too often in the Because our State Department in- stan. recent past, is advancing our national credibly, has the MEK, these folks in f security interests and moving us closer this Camp Liberty, designated as a for- RECESS eign terrorist organization. In fact, to a future of peace and security. Maliki told Members of Congress, one The President and Secretary Clinton The SPEAKER pro tempore. Pursu- reason he treated the residents in deserve credit for this breakthrough. ant to clause 12(a) of rule I, the Chair Camp Ashraf so poorly is because our They have made nonproliferation and declares the House in recess until noon own State Department designates them the securing of loose nuclear material today. as a foreign terrorist organization. top priorities. The New START Treaty Accordingly (at 11 o’clock and 1 This designation is an old, failed represented a critical step in finally minute a.m.), the House stood in re- State Department foreign policy that putting the Cold War behind us and in- cess. designated these people as an FTO as a creasing security cooperation between f favor to the Iranian government. That Russia and the United States. b 1200 hasn’t worked out too well with our It’s my hope now that we will be foreign relations with Iran, has it? bolder and more ambitious because it’s AFTER RECESS Since then, we’ve seen that the real time for the United States to exercise global leadership and true statesman- The recess having expired, the House terrorists in Iran are the extreme was called to order by the Speaker at mullahs and the tiny tyrant of the ship, and move toward complete dis- noon. desert, Ahmadinejad, not the opposi- mantling of our nuclear arsenal. That’s tion groups that want democracy in exactly the long-term goal we com- f Iran. mitted to as a Nation when we signed PRAYER Both the EU and the United Kingdom the NPT 40 years ago. have removed the foreign terrorist des- To that end, Madam Speaker, I’ve in- The Chaplain, the Reverend Patrick ignation from the group, the MEK, but troduced a resolution called NO J. Conroy, offered the following prayer: not the State Department. As Iran de- NUKES, which stands for Nonprolifera- Loving God, we give You thanks for fiantly marches toward nuclear weap- tion Options for Nuclear Understanding giving us another day. ons, the best hope for the world is the to Keep Everyone Safe. NO NUKES. NO Today is a significant day for Ameri- people of Iran pushing for a regime NUKES moves us aggressively in that cans in this election year. We ask Your change of their own government. The direction. blessing upon the American people, es- longer we keep opposition groups who It makes no sense at all that we have pecially those who choose to partici- want to do just that on the foreign ter- thousands of nuclear warheads when pate this day in primary elections. rorist organization list, the less likely just one of them has the power to end Give them good judgment and a sincere it is that the light of liberty will have life on Earth as we know it. desire for the welfare of this great Na- a chance to shine in Iran. And if that’s not good enough, elimi- tion as they cast their ballots. The Federal courts have even ordered nating nuclear weapons isn’t just a Bless, as well, the Members of this the State Department to review this matter of human rights and moral ur- people’s House. May they be filled with FTO designation, but the State Depart- gency, it’s also a big budget item at a Your spirit this day and exercise their ment continues to delay, to delay, time when we must be exercising fiscal responsibilities with wisdom, under- delay making a decision. The State De- restraint. standing, and goodwill. May all they do be for Your greater honor and glory. partment must remove the MEK from b 1100 the foreign terrorist organization list In the past few days, O Lord, many immediately, and then let liberty pre- We currently spend over $50 billion a have been assailed by terrifying and de- vail in Camp Liberty and let these peo- year on maintenance of our existing structive weather. Send Your healing ple leave Iraq in a peaceful manner. nuclear arsenal. How about we invest balm upon those who have been af- And that’s just the way it is. that money on programs that save flicted and bless with rapid success the f lives instead of weapons designed to de- efforts of those emergency responders stroy life? For nearly a decade now, who are working tirelessly to rebuild OUR LEGACY TO A NEW GENERA- we’ve defended our country and its in- shattered lives and communities. TION: A WORLD FREE OF NU- terests by sending thousands of troops And finally, with sorrow, we ac- CLEAR WEAPONS to die in a foreign war that isn’t mak- knowledge the passing of DONALD The SPEAKER pro tempore. The ing America safer but is costing Ameri- PAYNE of the 10th District of New Jer- Chair recognizes the gentlewoman from cans billions of dollars every month. sey. We thank You for his years of California (Ms. WOOLSEY) for 5 min- Madam Speaker, there has to be a service in this assembly and ask You to utes. different way. My SMART Security bless his family and loved ones. Eternal

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.019 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1163 rest grant unto him, O Lord, and let Mr. CICILLINE. Madam Speaker, I ence of Hezbollah in the Western Hemi- perpetual light shine upon him. May rise today to discuss an issue that is sphere. his soul and the souls of all the de- very important to the hardworking In the Homeland Security Com- parted, through the mercy of God, rest men and women in my home State of mittee, we’ve heard from experts who in peace. Rhode Island. Rhode Islanders learned testified that Hezbollah, which is a ter- Amen. yesterday that our workforce has rorist proxy for Iran, Syria, and Ven- f grown smaller and our unemployment ezuela, has an active membership in 14 rate sits at 10.9 percent, the third high- North American cities, including To- THE JOURNAL est in the Nation. ronto, which is 90 miles from my west- The SPEAKER. The Chair has exam- While some may struggle to see these ern New York home. ined the Journal of the last day’s pro- problems from the steps of the Capitol, Some dismiss this concern by saying ceedings and announces to the House I hear frequently from constituents that their activities are limited to his approval thereof. who can’t understand why the House fundraising. This is not comforting. Pursuant to clause 1, rule I, the Jour- still has not considered a comprehen- Madam Speaker, I have joined with nal stands approved. sive jobs plan. That’s why I and many my colleague, JEFF DUNCAN, to intro- f of my colleagues have been working duce H.R. 3783, the Countering Iran in hard on legislation to put Americans the Western Hemisphere Act. Our legis- PLEDGE OF ALLEGIANCE back to work, including our Make it In lation would call for the State Depart- The SPEAKER. Will the gentleman America agenda to help reinvigorate ment to investigate Hezbollah’s pres- from New York (Mr. HIGGINS) come for- American manufacturing. ence in the Western Hemisphere and to ward and lead the House in the Pledge We also need to start developing new create a long-term strategy for keeping of Allegiance. ways to repair America’s infrastruc- our communities and our Nation safe. Mr. HIGGINS led the Pledge of Alle- ture and new ways to finance it, like a Madam Speaker, I’m pleased to say giance as follows: national infrastructure bank, a mod- that this bipartisan legislation was I pledge allegiance to the Flag of the ern-day version of the WPA, and pro- unanimously passed in the sub- United States of America, and to the Repub- vide much needed help to small busi- committee. As this bill moves through lic for which it stands, one nation under God, nesses and entrepreneurs. Yet the the House, I urge my colleagues to sup- indivisible, with liberty and justice for all. House leadership has stood in the path port our legislation to combat this f of progress on these issues. growing threat. Rhode Islanders know that Congress ANNOUNCEMENT BY THE SPEAKER f can do better. We need to work to- The SPEAKER. The Chair will enter- gether and get these things done and PASS OUR JOBS BILL tain up to 15 requests for 1-minute get the American people back to work. (Ms. JENKINS asked and was given speeches on each side of the aisle. f permission to address the House for 1 f HIGHER GAS PRICES ARE minute and to revise and extend her re- THE IRANIAN DUCK HURTING OUR SMALL BUSINESSES marks.) Ms. JENKINS. Madam Speaker, it (Mr. POE of Texas asked and was (Mr. WILSON of South Carolina has been 4 years since the height of the given permission to address the House asked and was given permission to ad- Great Recession and our economy is for 1 minute and to revise and extend dress the House for 1 minute and to re- nowhere near where it should be. Un- his remarks.) vise and extend his remarks.) employment continues to hover around Mr. POE of Texas. Mr. Speaker, Iran Mr. WILSON of South Carolina. 8 percent and thousands upon thou- continues to inch closer to making its Madam Speaker, since the President sands of hardworking Americans have nuclear ambitions a reality. was sworn into office in January of left the job market altogether. The administration wants Israel to 2009, gas prices have risen drastically After the President killed the Key- give diplomacy more time, but Prime by 156 percent. This fact shows the stone pipeline, gas prices have sky- Minister Netanyahu said, ‘‘pressure on President’s energy policy is failing our rocketed, and, by some estimates, more Iran is growing, but time is growing country and destroying jobs. than 20 percent of homeowners are un- short.’’ According to the National Federation derwater on their mortgages. For Israel, a nuclear armed Iran of Independent Business, rising energy Madam Speaker, Americans need real threatens its very existence. costs are a constant struggle for our jobs, real solutions, and real results, Ahmadinejad says he wants to wipe small business owners. Our small busi- not the unprecedented, unacceptable, Israel off the face of the Earth, and ness owners are already threatened and unsustainable wasteful Washington this radical extremist means what he with the rising cost of health care due spending some of our colleagues con- says. to the mandates in the government tinue to promote. It’s time Washington Israel will do what it has to in order takeover health care bill. started protecting and respecting the to be master of its own faith, with or Instead of supporting effective en- hardworking American taxpayers. We without the United States. Unfortu- ergy policies that will lower the price need a system where their hard work is nately, the days of full trust between at the pump, this administration has rewarded and every American has a the U.S. and Israel seem to be on shaky decided to delay the Keystone pipeline, chance to succeed. ground. a project that will create over 100,000 I urge the Senate and the President Netanyahu said: jobs at no taxpayer expense. If com- to pass our jobs bills and work with us I will never let my people live in the shad- pleted, this project will dramatically to get the American people back to ow of annihilation. decrease our dependence on foreign oil work. If it looks like a duck, walks like a duck, and provide relief with energy costs for and quacks like a duck, it’s a duck. But this every small business. f duck is a nuclear duck, and it’s time the In conclusion, God bless our troops, b 1210 world started calling a duck a duck. and we will never forget September the IT’S TIME TO GET RID OF THE Mr. Speaker, America must totally 11th in the global war on terrorism. SPECULATORS get behind our friend and let the Ira- f nian duck know whose side we are on. (Mr. DEFAZIO asked and was given And that’s just the way it is. HEZBOLLAH IN THE WESTERN permission to address the House for 1 HEMISPHERE f minute.) (Mr. HIGGINS asked and was given Mr. DEFAZIO. I paid $4.01 a gallon at LET’S WORK TOGETHER permission to address the House for 1 home in Oregon last weekend. There’s (Mr. CICILLINE asked and was given minute.) a lot of people who’ve got long-term permission to address the House for 1 Mr. HIGGINS. Madam Speaker, I rise plans, drill now, drill here, drill every- minute.) to express my concern about the pres- where, conservation, whatever. They

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.017 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1164 CONGRESSIONAL RECORD — HOUSE March 6, 2012 say there’s nothing we can do in the committee on Foreign Affairs, and to cheese, very important to farmers, short-term. Well, there is. do what I’m sure he would be doing if very important to that business, price Seventy percent of the oil futures, he were with us today, speak out of gas going up a dollar, it’s like an- the supply of oil, is owned by specu- against the massacres taking place in other $135,000 off their bottom line. lators on Wall Street and other places Sudan. There are long-term issues we’ve got around the world—70 percent. The head These killings are taking place in the to address, but you know what? There’s of ExxonMobil testified that about $38 Sudanese state of South Kordofan, out- stuff we can do in the short term. The a barrel is due to speculation. That’s side the view of this Congress, and futures market has been flipped upside the head of ExxonMobil. He says we’re most Americans are unaware of this down. It should be serving end users paying 38 bucks a barrel for speculators humanitarian catastrophe unfolding in like airlines, fuel dealers. Instead, it’s on Wall Street. the same region where we saw blood- been taken over by speculators. Goldman Sachs says, well, it’s only shed in Darfur for many, many years. Goldman Sachs study says about $23 $22 to $28 a barrel. Let’s take the low- Madam Speaker, on this day of on the price of a barrel of oil is attrib- est number, $22 a barrel. That would mourning for Representative PAYNE, I utable to speculation. That’s about 56 lower regular gas by 64 cents a gallon if know he would want us to recommit cents when you go to fill up your pick- we got rid of the speculators. ourselves to act to prevent further up truck, about an extra 15 bucks just I’ve proposed a tax of 1/100 of 1 cent bloodshed and suffering in Sudan. for the speculation premium. per transaction that would drive most My thoughts and my prayers are with Past Presidents have used the Stra- of these speculators out of the market Congressman PAYNE’s family, his tegic Petroleum Reserve to spook the and raise some revenues. friends, and his constituents. May his speculators, to send a shot across their It’s time to get rid of the speculators, legacy live forever. I will deeply miss bow that they’re going to be on the provide price relief to Americans, and his wise counsel and his friendship. wrong side, the losing side of these then we can talk about a long-term f trades. Let’s use the Strategic Petro- plan for energy self-sufficiency. leum Reserve to give some relief to our HONORING THE LIFE OF consumers and to our small businesses. f CONGRESSMAN DONALD PAYNE f THE JOBS ACT (Mr. PITTS asked and was given per- (Mr. HENSARLING asked and was mission to address the House for 1 THE JOBS ACT given permission to address the House minute and to revise and extend his re- (Ms. HAYWORTH asked and was for 1 minute and to revise and extend marks.) given permission to address the House his remarks.) Mr. PITTS. Madam Speaker, today for 1 minute and to revise and extend Mr. HENSARLING. Madam Speaker, the House of Representatives lost a dis- her remarks.) the President’s policies have failed tinguished Member who served with Ms. HAYWORTH. Madam Speaker, I and, indeed, made our economy worse. honor for more than two decades. I had received a letter from a young con- For three straight years, unemploy- the pleasure of working with DONALD stituent who is a vigorous Boy Scout ment has been above 8 percent, and the PAYNE many times over the years. He and a great citizen, Matthew Barbuti Congressional Budget Office predicts had an incredible heart for Africa and from Yorktown Heights, New York. now that will last through 2014, the suffering people in every corner of the He’s only in sixth grade, but he’s very worst period of sustained high unem- continent. concerned about our economy. And he ployment since the Great Depression. From Morocco to South Africa, he wrote to me, ‘‘If the economy doesn’t America has a deficit of jobs because was a tireless advocate for freedom and turn around, our country will no longer America’s job creators have a deficit of self-determination. We worked to- be a world leader, and the American confidence in this administration. New gether speaking on behalf of the people will suffer.’’ business startups are at an almost 17- Sahrawi people in Western Sahara. Matthew, you are exactly right. We year low, and that’s why House Repub- Representative PAYNE watched West- do have a tremendous job ahead of us, licans have a plan for America’s job ern Sahara closely, working toward a and we are working here, all of us to- creators that will help ease the Presi- peaceful resolution that would allow gether, for you and for all the kids in dent’s job-killing policies. for a free referendum that could estab- this country who need a future, the Our plan will continue to unfold this lish self-government. kind of dreams that we have been privi- week when the House votes on the ac- We also worked together in 2007 to leged to dream. tual JOBS Act to help small businesses recognize the 200th anniversary of the So this week, we’re bringing to the and entrepreneurs access vital equity abolition of the British slave trade and House floor the JOBS Act, part of a capital and put Americans back to to honor the legacy of William Wilber- whole package of jobs bills that we’ve work. The bill does exactly what the force. been sending to our colleagues in the President’s own job council rec- And in one amazing episode, he Senate, and we certainly hope that, ommends. It’s time, for once, to work risked his life seeking peace in Sudan with Democratic and Republican sup- together to pass the bipartisan JOBS and nearly had his plane shot down in port, and with the President’s support Act and give the American people the 2009. of this bill as well, we’ll be able to acti- jobs and recovery they deserve. DONALD PAYNE never missed an op- vate that economy to create the kind f portunity to advocate on behalf of the of jobs and opportunities that all of us oppressed, and his work has had a last- need throughout this country, no mat- HONORING THE LIFE OF ing impact on the human rights of peo- ter where we come from. CONGRESSMAN DONALD PAYNE ple around the world. I’m proud to have Thank you, Matthew, for your com- (Ms. LEE of California asked and was fought the good fight alongside of him. mon sense. given permission to address the House He will be missed. f for 1 minute.) f Ms. LEE of California. Madam THE GOP’S ASSAULT ON WOMEN Speaker, last night we lost a world GAS PRICES ARE KILLING THE (Mr. YARMUTH asked and was given leader, a father, a grandfather, a broth- AMERICAN CONSUMER permission to address the House for 1 er, an uncle, a great leader who con- (Mr. WELCH asked and was given minute.) sistently brought light to human suf- permission to address the House for 1 Mr. YARMUTH. Madam Speaker, fering taking place around the world minute and to revise and extend his re- Rush Limbaugh’s appalling attack on and what we here in Washington, D.C., marks.) Georgetown student Sandra Fluke is can do for it. Mr. WELCH. Gas prices are killing no isolated incident, but part of a It is with a heavy heart that I rise the American consumer. They’re doing broader GOP assault on women’s today in memory and in honor of Con- real damage to small businesses. health. gressman DON PAYNE, a brilliant lead- In my State, Cabot Creamery, which Republicans have ushered in Wom- er, former chair of the Africa Sub- has fixed price contracts to deliver en’s History Month with legislation to

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.021 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1165 allow employers and insurance compa- minute and to revise and extend her re- Ms. JACKSON LEE of Texas. Madam nies to deny women needed health cov- marks.) Speaker, I have a headline here this erage. But let’s also take a look at Ms. BALDWIN. Madam Speaker, I morning that indicates, ‘‘Women Wait their recent record on issues important rise today in support of H.R. 4105, a bill as Politicians Debate Their Care.’’ to women’s health. that would allow us to protect Amer- This is not a story about accusations Last year, Republicans voted to end ican manufacturing, including Wiscon- or calling college coeds prostitutes Federal funding for Planned Parent- sin’s paper industry, from unfair Chi- and, if you will, sluts and other nega- hood, the largest provider of reproduc- nese trade practices. tive words. This is about women’s ac- tive health services in the United The simple fact is that China is cess to health care, and I’m sad to even States. They voted to eliminate fund- cheating. Chinese manufacturers are say those words, but we see them ing for Title X family planning which, not outcompeting American manufac- broadcast across America’s Federal air- for 40 years, has provided family plan- turers. Chinese companies receive di- waves by talk show entertainers like ning services, cancer screenings, and rect subsidies from their government Rush Limbaugh. This young woman’s other preventive health services to to help them undercut American busi- name is Kimberly Moore, who is caught low-income women. nesses. We’ve seen the result this has in a conflict in the State of Texas with And with their attempt to repeal the had on our manufacturing base, and in the Women’s Health Program that is health care reform law, Republicans my home State of Wisconsin, particu- funded by Medicaid and the decision of larly on our paper industry. voted to allow insurance companies to, the State of Texas to evict Planned In the paper sector alone, China has once again, deny women coverage if provided more than $33.1 billion in sub- Parenthood from caring for women like they’ve ever been pregnant, had a C- sidies from 2002 to 2009 and is now the Kimberly, a single mother working section, or been the victim of domestic world’s largest producer of paper and part time, who can’t afford health care. violence. paper products. Hardworking American Between judges who want to accuse Madam Speaker, Republicans’ idea of businesses in these and other sectors our President of dastardly things Women’s History Month is reenacting rely on countervailing duties to com- through jokes and the idea of keeping the women’s equality fight of 100 years bat these illegal subsidies and help women away from access to health ago. them keep their doors open. care, that should not resolve around I call on my GOP colleagues to join Last month, I introduced bipartisan their choice of contraceptives, but us here in the 21st century, where legislation to ensure the Department of plain old health care, it’s time for us to women not only raise families, they Commerce has the legal authority to stand with the women of America and have jobs, and they even wear pants. impose these countervailing duties on the decent people of America, to stand f subsidized imports from countries like with this President, to stand with the CONGRATULATING BRIDGET China. I am very proud to see that leg- idea of providing women health care, BROWN ON RECEIVING THE 2012 islation incorporated in the larger bill and to stand against those who are in SELF-ADVOCATE OF THE YEAR before us later today, and I urge my States where they want to reject CHAMPION OF CHANGE AWARD colleagues to vote ‘‘aye.’’ Planned Parenthood for simply giving f health care access to women and to (Mrs. BIGGERT asked and was given stand against divisive corrosive lan- permission to address the House for 1 WELCOMING ISRAELI PRIME guage. minute and to revise and extend her re- MINISTER BENJAMIN NETANYAHU f marks.) (Mr. YODER asked and was given Mrs. BIGGERT. Madam Speaker, permission to address the House for 1 AFFIRMING SUPPORT FOR THE hundreds of advocates from across the minute and to revise and extend his re- STATE OF ISRAEL country traveled to Capitol Hill last marks.) (Mr. PALAZZO asked and was given week to raise awareness on behalf of Mr. YODER. Madam Speaker, I rise permission to address the House for 1 the National Down Syndrome Society. today to welcome Israeli Prime Min- minute and to revise and extend his re- Today I rise to congratulate one of ister Benjamin Netanyahu on his visit marks.) those individuals, Bridget Brown, who to the United States and to reaffirm Mr. PALAZZO. Madam Speaker, like is being honored with the 2012 Self-Ad- our commitment to our strongest ally, many of my colleagues, I have visited vocate of the Year Champion of Change Israel. the State of Israel. I have walked the Award. As Prime Minister Netanyahu visits streets of Jerusalem, and I have seen A resident of Darien, Illinois, Bridget our Nation, Israel presently stands in firsthand the beauty of its people, its has helped to empower and inspire the shadow of a threatening neighbor culture, and its incredible history and thousands of others with Down Syn- who is intent on producing nuclear heritage. drome to lead full and successful lives. weapons. Prime Minister Benjamin Netanyahu Israel must remain the master of its A role model, mentor, and national reminded us of that heritage last night fate and be able to defend itself against speaker, she graduated from high as he addressed a crowd of thousands, Iran. Iran’s nuclear program is un- school in 2005 after becoming the first and I know he is on Capitol Hill again equivocally a threat to Israel’s exist- person with Down Syndrome to be in- today sending the same message: seri- cluded in her school district. She ence and a threat to stability through- out the whole Middle East region and ous threats have been made towards helped to promote among Illinois edu- Israel, and Israel must take threats se- cators the concept of inclusion, and throughout the whole world by way of proliferation. There is no telling who riously, especially when dealing with a launched her own advocacy organiza- madman working toward a nuclear tion called Butterflies for Change. Iran may sell their enriched uranium to; but their state policy of sponsoring weapon. I applaud Bridget for her amazing No one wants a war in an area where work at the local and national level to groups that promote terrorism, it’s not hard to speculate on the dire con- world peace rests on such a delicate help others achieve their full potential. balance. No one wants to have to ini- She has made her State and her com- sequences. Madam Speaker, as we work together tiate unnecessary aggression. I have munity proud, and I wish Bridget con- to combat global terrorism and those supported sanctions. I have supported tinued success in her efforts on behalf that would threaten peace, democracy, resolutions of disapproval. I want to of the more than 400,000 Americans and stability in the world, we must believe that Iran’s offer today to allow with Down Syndrome. stand strong behind our ally Israel. U.N. weapons inspectors in means that f f they have nothing to hide. b 1220 If our friends in Israel decide to act, WOMEN WAIT AS POLITICIANS I know it will not be a decision made PROTECT AMERICAN DEBATE THEIR CARE lightly nor without good reason. I urge MANUFACTURING (Ms. JACKSON LEE of Texas asked my colleagues to join me in affirming (Ms. BALDWIN asked and was given and was given permission to address our support of Israel, not just to stand permission to address the House for 1 the House for 1 minute.) behind her but to stand beside her.

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.022 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1166 CONGRESSIONAL RECORD — HOUSE March 6, 2012 NATIONAL BREAKFAST WEEK House has been closer to me and some- I have answered the demand with a cannon shot, and our flag still waves proudly from (Mr. COHEN asked and was given per- one who made it so much better for us to be in Congress, not only for all of us the walls. I shall never surrender or retreat mission to address the House for 1 . . . Victory or death. minute.) as colleagues but also for the rest of Signed, William Barret Travis, Lieu- Mr. COHEN. This week is National the world. tenant Colonel Commander at the Breakfast Week, which offers an oppor- DONALD always made me smile. DON- Alamo. tunity to talk about the importance of ALD was a very serious person who Remember the Alamo. God bless a healthy breakfast for America’s chil- cared so much about his constituents Texas. dren. Breakfast, as we’ve all heard, is in Norwich and the rest of the towns the most important meal of the day. that he represented in New Jersey and f Studies have shown that breakfast can really reached out to the rest of the help boost a child’s academic perform- world. He was always looking out for ANNOUNCEMENT BY THE SPEAKER ance and can also improve classroom the concerns of the poor and the dis- PRO TEMPORE advantaged and the people in need, behavior, reduce absences and tardi- The SPEAKER pro tempore (Mrs. whether it was their health care or ness, as well as increase mental focus MILLER of Michigan). Pursuant to whether they had adequate food or and physical performance. However, ac- clause 8 of rule XX, the Chair will post- housing. cording to the U.S. Department of Ag- pone further proceedings today on the But I think more than anything else, riculture, one in five children live in motion to suspend the rules on which a I remember his smile. He would always homes where food is not always avail- recorded vote or the yeas and nays are be happy. He would always have a joke able, making breakfast often hard to ordered, or on which the vote incurs to say; and, frankly, in dealing with all come by. objection under clause 6 of rule XX. the serious issues that he dealt with I want to commend Kellogg’s, which Any record vote on the postponed and he cared so much about, both here has a cereal plant in my district, and question will be taken later. Action for Healthy Kids for starting at home, as well as overseas, it was al- the Share Your Breakfast program ways nice to have someone that you f could call a friend, that you could con- which provides grants directly to APPLYING COUNTERVAILING DUTY school or school districts to help them fide in, that you could talk to about your own problems as well, but always PROVISIONS TO NONMARKET increase participation in school break- ECONOMY COUNTRIES fast programs. Our children need to re- with that smile, always with that joke, ceive a holistic, well-rounded edu- always with the ability to say, FRANK, Mr. CAMP. Madam Speaker, I move cation, one that includes staying ac- you know, let’s not take ourselves too to suspend the rules and pass the bill tive and fit and, most importantly, seriously, even though we have a lot of (H.R. 4105) to apply the countervailing starts off with a healthy breakfast. serious work to do. duty provisions of the Tariff Act of 1930 I’m off to lunch. I will sorely miss him. I don’t think to nonmarket economy countries, and there will be anybody who can replace for other purposes. f him, and I just want to reach out to his The Clerk read the title of the bill. JUMPSTART OUR BUSINESS family and his friends back at home The text of the bill is as follows: STARTUPS today and express my sympathy to all H.R. 4105 of them for such a wonderful person (Mr. SCHWEIKERT asked and was Be it enacted by the Senate and House of Rep- that you were able to share some time given permission to address the House resentatives of the United States of America in with here. for 1 minute and to revise and extend Congress assembled, Ms. JACKSON LEE of Texas. Would his remarks.) SECTION 1. APPLICATION OF COUNTERVAILING the gentleman yield for just a moment? DUTY PROVISIONS TO NONMARKET Mr. SCHWEIKERT. Madam Speaker, Mr. PALLONE. I yield to the gentle- ECONOMY COUNTRIES. this is going to be one of those weeks woman. (a) IN GENERAL.—Section 701 of the Tariff where I believe we can be proud here in Ms. JACKSON LEE of Texas. Just Act of 1930 (19 U.S.C. 1671) is amended by add- the House. We’re going to be moving ing at the end the following: one simple statement. I couldn’t leave forward with a jobs bill we’ve ‘‘(f) APPLICABILITY TO PROCEEDINGS INVOLV- the floor. monikered Jumpstart Our Business ING NONMARKET ECONOMY COUNTRIES.— Just to express our love and affection Startups. I just had in my office a coa- ‘‘(1) IN GENERAL.—Except as provided in for DON PAYNE and just to say that he lition from high-tech companies from paragraph (2), the merchandise on which saved lives because he intruded in countervailing duties shall be imposed under Arizona, and they unanimously had a places like Africa and Sudan, in Africa subsection (a) includes a class or kind of story to tell, and that was a story of and many other places. He saved lives merchandise imported, or sold (or likely to the difficulty in finding capital for because of his compassion for people, be sold) for importation, into the United moving small companies, small organi- States from a nonmarket economy country. his fight for human rights, and his zations, these organizations that are ‘‘(2) EXCEPTION.—A countervailing duty is fight for peace. creating jobs. not required to be imposed under subsection Mr. PALLONE. Thank you. I’m particularly blessed this week to (a) on a class or kind of merchandise im- have multiple bills in the package. One f ported, or sold (or likely to be sold) for im- portation, into the United States from a is the Small Company Capital Forma- b 1230 nonmarket economy country if the admin- tion bill, a Private Company Flexi- REMEMBERING THE ALAMO istering authority is unable to identify and bility and Growth Act of the six bills measure subsidies provided by the govern- that are coming. (Mr. OLSON asked and was given per- ment of the nonmarket economy country or I’m proud of the House. I look for- mission to address the House for 1 a public entity within the territory of the ward to these bills moving forward. minute and to revise and extend his re- nonmarket economy country because the marks.) economy of that country is essentially com- f Mr. OLSON. Madam Speaker, 176 prised of a single entity.’’. REMEMBERING THE HON. DONALD years ago, the Alamo fell. Every Texan (b) EFFECTIVE DATE.—Subsection (f) of sec- PAYNE fighting for independence was either tion 701 of the Tariff Act of 1930, as added by killed or executed. I would like to read subsection (a) of this section, applies to— (Mr. PALLONE asked and was given (1) all proceedings initiated under subtitle permission to address the House for 1 a portion of the last letter sent from A of title VII of that Act (19 U.S.C. 1671 et minute.) the Alamo by its commander: seq.) on or after November 20, 2006; Mr. PALLONE. Madam Speaker, I Fellow citizens and compatriots, I am be- (2) all resulting actions by U.S. Customs would like to speak about my dear sieged by 1,000 or more of the Mexicans under and Border Protection; and Santa Anna. I have sustained a continual (3) all civil actions, criminal proceedings, friend and colleague, DONALD PAYNE, bombardment and cannonade for 24 hours and other proceedings before a Federal court who passed away this morning. I saw and have not lost a man. The enemy has de- relating to proceedings referred to in para- him on Saturday for the last time, and manded a surrender at discretion. Otherwise, graph (1) or actions referred to in paragraph I can’t think of anybody who in this the garrison are to be put to the sword . . . (2).

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.025 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1167 SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN fair subsidies from countries like China help them knock out competitors and CERTAIN PROCEEDINGS RELATING that violate the WTO, injure our indus- to dominate the market. These include TO IMPORTS FROM NONMARKET ECONOMY COUNTRIES. tries, and cost U.S. jobs. This legisla- loans at below-market interest rates, (a) IN GENERAL.—Section 777A of the Tariff tion reaffirms that our antisubsidy cheap or sometimes free land, exten- Act of 1930 (19 U.S.C. 1677f–1) is amended by laws, or countervailing duty laws, sive tax breaks, and other subsidies de- adding at the end the following: apply to subsidies from China and signed to advantage domestic industry. ‘‘(f) ADJUSTMENT OF ANTIDUMPING DUTY IN other nonmarket countries, and it To date, countervailing duties have CERTAIN PROCEEDINGS RELATING TO IMPORTS overturns an erroneous decision by the been the singular form of relief avail- FROM NONMARKET ECONOMY COUNTRIES.— Federal circuit that the Department of able to American workers and compa- ‘‘(1) IN GENERAL.—If the administering au- nies devastated by these mercantilist thority determines, with respect to a class or Commerce does not have the authority kind of merchandise from a nonmarket econ- to apply these countervailing duty policies. Over the last 6 years, Com- omy country for which an antidumping duty rules to nonmarket economies. merce has put in place 23 counter- is determined using normal value pursuant China distorts the free market by vailing duty orders against China—23— to section 773(c), that— giving enormous subsidies to its pro- and five other investigations are cur- ‘‘(A) pursuant to section 701(a)(1), a ducers and exporters, and our compa- rently underway. More than $4 billion countervailable subsidy (other than an ex- nies and our workers should not be ex- in subsidized imports have been cov- port subsidy referred to in section pected to compete against the deep ered by these measures, shielding an 772(c)(1)(C)) has been provided with respect estimated 80,000 American jobs from to the class or kind of merchandise, pockets of the Chinese Government. That is why it is vital that we preserve unfair competition. ‘‘(B) such countervailable subsidy has been Yet, in December, based on a deeply demonstrated to have reduced the average this important tool and ensure that flawed assessment of congressional in- price of imports of the class or kind of mer- current countervailing duty orders and tent, the court of appeals for the Fed- chandise during the relevant period, and investigations from nonmarket econo- ‘‘(C) the administering authority can rea- eral circuit ruled that Commerce, mies remain in place and that this im- which administers our countervailing sonably estimate the extent to which the portant tool is available in the future. countervailable subsidy referred to in sub- duty laws, does not have the authority In addition, this legislation fully paragraph (B), in combination with the use to apply those laws to nonmarket econ- of normal value determined pursuant to sec- complies with our WTO obligations. omy countries like China. That deci- tion 773(c), has increased the weighted aver- China agreed to be subject to counter- sion threatens to eviscerate the U.S. age dumping margin for the class or kind of vailing duty laws when it joined the right to apply countervailing duties to merchandise, WTO in 2001, and the WTO has re- China, a right protected under WTO the administering authority shall, except as affirmed our right to apply these laws rules; and it threatens to cripple Com- provided in paragraph (2), reduce the anti- to China. Failing to enact this legisla- merce in its efforts to combat Chinese dumping duty by the amount of the increase tion would mean that we’re unilater- subsidies that harm our industries. in the weighted average dumping margin es- ally giving away a right that allows us With this bill, we are making clear timated by the administering authority to protect American workers. This leg- under subparagraph (C). that the Federal circuit’s decision was islation also brings the United States ‘‘(2) MAXIMUM REDUCTION IN ANTIDUMPING wrong and that it cannot stand. Com- DUTY.—The administering authority may not into compliance with its obligations by merce has always had the authority to reduce the antidumping duty applicable to a requiring the Department of Commerce apply countervailing duties to non- class or kind of merchandise from a non- to make an adjustment when there is market economies such as China, and market economy country under this sub- evidence of a double remedy. now it shall continue to have and exer- section by more than the portion of the Finally, I am pleased that this legis- cise this vitally important authority in countervailing duty rate attributable to a lation, which has already passed the the future. countervailable subsidy that is provided with Senate, is bipartisan and has adminis- Because of this bill—and I urge the respect to the class or kind of merchandise tration support. strongest possible support—tens of and that meets the conditions described in thousands of American workers and subparagraphs (A), (B), and (C) of paragraph For all of these reasons, we urgently (1).’’. need to pass this important legislation. scores of American companies in 38 (b) EFFECTIVE DATE.—Subsection (f) of sec- I urge all of my colleagues to support States across this country that have tion 777A of the Tariff Act of 1930, as added this bipartisan bill. shown that they are entitled to relief by subsection (a) of this section, applies to— Madam Speaker, I reserve the bal- from unfair subsidization by non- (1) all investigations and reviews initiated ance of my time. market economies will continue to get pursuant to title VII of that Act (19 U.S.C. Mr. LEVIN. Madam Speaker, I yield that relief. This bill ensures all of the 1671 et seq.) on or after the date of the enact- myself such time as I may consume. existing orders and investigations re- ment of this Act; and This bill will send a clear signal, es- main in place. (2) subject to subsection (c) of section 129 For these reasons, I support the pas- of the Uruguay Round Agreements Act (19 pecially with an overwhelming vote, U.S.C. 3538), all determinations issued under that there are clear consequences when sage of H.R. 4105, and I urge all of my subsection (b)(2) of that section on or after a nation violates the rules. China is, colleagues to support it. the date of the enactment of this Act. indeed, tilting the field of competition Madam Speaker, I reserve the bal- The SPEAKER pro tempore. Pursu- by not playing by the rules. This bill ance of my time. Mr. CAMP. I yield 2 minutes to the ant to the rule, the gentleman from restores a key instrument for our Na- distinguished chairman of the Trade Michigan (Mr. CAMP) and the gen- tion to hold China and other nations Subcommittee, the gentleman from tleman from Michigan (Mr. LEVIN) each accountable. The failure to pass it would be an enormous step backwards Texas (Mr. BRADY). will control 20 minutes. Mr. BRADY of Texas. Madam Speak- at a time when, indeed, we need to fast- The Chair recognizes the gentleman er, I strongly support the passage of forward our efforts to rein in China’s from Michigan (Mr. CAMP). this bill. GENERAL LEAVE abusive trade practices that, in part, When China repeatedly undermines Mr. CAMP. Madam Speaker, I yield have led to our record $295 billion trade the free market by subsidizing its ex- myself such time as I may consume. deficit with China. This legislation en- ports to the United States, we can’t I ask unanimous consent that all sures that tools remain available under just give them a pass, especially when Members have 5 legislative days within U.S. trade law so that manufacturers the businesses China subsidizes are which to revise and extend their re- can fight back against China’s unfair often government-owned businesses marks and include extraneous material trade subsidies. that compete unfairly against our on the bill under consideration. Countervailing duties have been a American companies and workers. The SPEAKER pro tempore. Is there part of U.S. trade law for nearly 120 objection to the request of the gen- years, and today, almost one-half—23 b 1240 tleman from Michigan? of 50—of all countervailing duty orders If you don’t believe the American There was no objection. in place involve China. This is not sur- Government should pick winners and Mr. CAMP. Madam Speaker, I urge prising. A central element of Chinese losers in the marketplace, you cer- the passage of this legislation to en- industrial policy has been to provide tainly don’t support the Chinese Gov- sure that we can continue to fight un- massive subsidies to its producers to ernment doing the same. There is an

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.005 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1168 CONGRESSIONAL RECORD — HOUSE March 6, 2012 important distinction between the du- every tool we can muster to fight Chi- member, Mr. LEVIN, are here today ad- ties that seek to protect companies na’s unfair trade practices, which not vancing H.R. 4105. that are afraid to compete in the mar- only steal markets and jobs from We are not going to unring the bell. ketplace—those I oppose—and in this American producers, but also provides The Chinese Government is an impor- case duties assessed against those who Beijing with a means to finance its tant part of the world economy. We are try to distort the free market through military buildup and expanding influ- interrelated and interdependent. Amer- unfair government subsidies. ence around the world. ican people buy things from China It’s a distinction between the price of This bill should not have been nec- every day. I was happy to have them be legal software and illegal software. We essary. It overturns a faulty court deci- part of the WTO so there would be would shoot ourselves in the foot if we sion that claimed U.S. law prohibits rules of the road. denied this important tool to protect the Department of Commerce from ap- It’s not about protectionism for the the free market for American workers. plying countervailing duties to non- United States. It is making sure that It’s important, as Chairman CAMP market economies. Yet nonmarket our competitors in China play by the noted today, that this legislation is economies, where the government di- rules. Too often we have seen that they WTO consistent and fully within Amer- rects business through trade subsidies, don’t. We’ve seen their massive un- ica’s rights when dealing with China national planning and state ownership justified subsidies. We’ve found cheat- and other nonmarket economies. It’s of firms, this is where the greatest ing in the international arena in terms also important that this bill addresses abuses occur that distort the market. of stealing intellectual products, steal- the double-remedies laws in the right Unfortunately, our system to combat ing Web sites. The Chinese Government way to ensure that America applies trade abuses and unfair foreign prac- needs to be encouraged directly to play these laws in accordance with our WTO tices does not work. We have had a by the same sorts of rules. obligations. massive transfer, which is evident, If America is on a level playing field, In conclusion, this legislation en- when we see that we have had a mas- our manufacturers can work and com- sures the freedom of U.S. companies sive historic transfer of wealth from pete against the best the world has to and workers to compete in a market the American people to China over offer. But, unfortunately, related to that is not distorted by the Chinese these last few decades. That policy China right now, it is too often not a Government. It restores free market should have been corrected long ago to level playing field. This is an impor- principles by allowing us to address prevent this deprivation of the Amer- tant step going forward to make sure China’s unfair subsidies. It has no dif- ican people. that we can rebalance the equation. ferent impact on consumers than en- Furthermore, this bill allows the I hope that the administration will forcing our intellectual property laws. Commerce Department to adjust ac- be aggressive in using the tools that it We owe it to America’s job creators tions to avoid future negative findings has to make sure the rules of the road and our workers to make sure we have by the World Trade Organization. are observed. This has been a frustra- the tools at our disposal to offset such Again, this should not be necessary be- tion I have had since I have been in unfair trade practices and allow the cause China should not be part of the Congress with both Republican and free market to work properly. That’s World Trade Organization. It is not a Democratic administrations. I don’t why I urge strong support for this vital think we have done all, in fact, that we legislation. market economy and thus should have been denied membership. It has not could. I hope that we will. Mr. LEVIN. I yield 11⁄2 minutes to a distinguished member of our com- lived up to its obligations of WTO I think this bill is a step in the right mittee, the gentleman from Massachu- membership, and thus Beijing should direction, and I appreciate the bipar- tisan show of support from our com- setts (Mr. NEAL). not be made a stakeholder in world af- Mr. NEAL. I thank the gentleman. fairs. mittee to move it forward. I hope that Madam Speaker, I certainly rise in It remains an aggressive, communist the House passes it overwhelmingly, support of this legislation, which con- dictatorship that supports every rogue and that it is something that the other firms that the Commerce Department enemy of the United States. It is the body moves on, so that we can have can continue to apply countervailing world’s number one proliferator of nu- this tool back in our tool kit. duties on subsidized imports from clear technology and the number one Mr. CAMP. I yield 2 minutes to the countries with nonmarket economies abuser of human rights. It is a land of distinguished chairman of the Over- such as China and Vietnam. cronyism, corruption, and repression. sight Subcommittee, the gentleman In fact, this legislation strengthens We should not be helping a country from Louisiana, Dr. BOUSTANY. the opportunity to use an international ruled by this kind of government grow Mr. BOUSTANY. Madam Speaker, I forum for the prescribed purpose of re- while we stagnate. rise in strong, vigorous support of H.R. solving disputes. If our trading part- The SPEAKER pro tempore. The 4105, and I want to commend Chairman ners are not playing by the rules, it’s time of the gentleman has expired. CAMP for his leadership in bringing this imperative that the United States have Mr. CAMP. I yield the gentleman an appropriate bill to the floor today. the tools to challenge these unfair additional 15 seconds. As a supporter of free and fair trade, practices. Countervailing duties level Mr. ROHRABACHER. We ran a I believe that U.S. companies and the playing field for U.S. employers record $295 billion trade deficit in workers deserve a level playing field in and workers and allow them to com- goods with China last year at a time order to successfully compete around pete against imports that are sub- when the U.S. economy was trying to the world. This bill restores Com- sidized through unfair trade practices, struggle from a recession and we had merce’s ability to protect American emphasis on the word ‘‘unfair.’’ high unemployment. This bill would be jobs and companies from unfair, WTO- Since the Commerce Department a small step in the right direction; but inconsistent practices, inconsistent started applying these duties in 2007, it we need to do much more to restore trade practices perpetrated by non- is estimated that countervailing duties growth and balance to our inter- market economies, mainly China and have protected an estimated 80,000 jobs national, economic and strategic rela- Vietnam. in the United States. At the same time, tions with other countries, especially This is an important tool being used it’s important to point out this is not China. We should end this massive by several industries in my home State a protectionist measure. It strengthens transfer of wealth from our people to of Louisiana, the ability to use coun- our hand in dealing with negotiations. China. It’s a sin against our own peo- tervailing duties, companies that Let’s pass this commonsense legisla- ple. produce steel pipe, aluminum extru- tion and keep American jobs defended Mr. LEVIN. I yield 2 minutes to an- sion, woven sack industries, just to against unfair trade practices. other distinguished member of our name a few. More importantly, many Mr. CAMP. I yield 2 minutes to the committee, the gentleman from Oregon key industries such as shrimp proc- distinguished gentleman from Cali- (Mr. BLUMENAUER). essors want to make sure that this tool fornia (Mr. ROHRABACHER). Mr. BLUMENAUER. Thank you, Mr. remains in place in case they need to Mr. ROHRABACHER. I rise in favor LEVIN. I appreciate the fact that our use it in the future to deal with unfair of H.R. 4105 because we need to have chairman, Mr. CAMP, and our ranking trade practices.

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.028 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1169 As our industries expand and com- like China and Vietnam, which have been Mrs. ELLMERS. Madam Speaker, I pete for businesses around the world, flooding the U.S. market for years. would like to thank the chairman for it’s irresponsible to not have these While the U.S. shrimp industry has repeat- bringing this very, very important types of measures, enforcement meas- edly demonstrated its resilience in the past, piece of legislation to the floor for a the failure to pass this important legislation ures, in place and to take this vital leaves the domestic shrimp industry, and all vote. I’m here to join my colleagues in tool away from the Department of U.S. industries, at a permanent disadvan- support of H.R. 4105, which will protect Commerce. tage, as they will be unable to take any ac- the free market and prevent American tion to redress the harm that subsidized im- businesses from unfair dumping prac- b 1250 ports from non-market economies cause. All tices by countries such as China. This has been a practice that is WTO our major trading partners have trade laws Madam Speaker, I hear from busi- compliant. We have used it for years, that allow them to go after government sub- nesses in North Carolina every day who and now because of a recent Federal sidies from non-market economies. Why are telling me that in order to compete court ruling, it has been taken away. would the United States want to unilaterally disarm? in the global market, action must be The bill simply amends the 1930 Tar- Without this legislative fix, ASPA mem- taken to prevent nonmarket countries iff Act to allow this WTO-compliant bers’ ability to go after egregious trade prac- like China from distorting the market technique to be used to impose coun- tices in China and Vietnam would be se- and costing American jobs. tervailing duties on nonmarket econo- verely limited. ASPA urges you to maintain Since 2007, the Department of Com- mies when they use unfair subsidies. a level playing field for all domestic indus- merce has applied countervailing du- It’s fully consistent with our inter- tries by passing this legislation this week. ties to Chinese products where it deter- national trade obligations, it restores Sincerely, mines that China has provided unfair current practices, and it is the right C. DAVID VEAL, subsidies that violate its WTO obliga- Executive Director. thing to do for American businesses tions. These duties are not punitive; and workers. I strongly encourage our Mr. LEVIN. Madam Speaker, I now they merely serve as a correction to colleagues in this House to support this yield 2 minutes to Mr. PASCRELL from unfair Chinese subsidies. They restore important bill. the great State of New Jersey, another the level playing field that U.S. indus- very active member of our committee. AMERICAN SHRIMP tries and small businesses—such as Mr. PASCRELL. Madam Speaker, as PROCESSORS ASSOCIATION, wire producers and textile companies Biloxi, MS, March 5, 2012. cosponsor of this legislation, I rise in in North Carolina—provide. Hon. DAVE CAMP, strong support of the bill. I want to The SPEAKER pro tempore. The Chairman, Ways and Means Committee, Can- thank Chairman CAMP and Ranking time of the gentlewoman has expired. non House Office Building, Washington, Member LEVIN for working together in Mr. CAMP. I yield the gentlewoman DC. a bipartisan way to address this issue, an additional 15 seconds. Hon. SANDER M. LEVIN, and I hope this is the beginning of Mrs. ELLMERS. I thank the gen- Ranking Member, Ways and Means Committee, more bipartisan trade negotiations Longworth House Office Building, Wash- tleman. ington, DC. amongst ourselves. I think it’s healthy. H.R. 4105 will ensure that the Depart- DEAR CHAIRMAN CAMP AND RANKING MEM- We all know that China uses a vari- ment of Commerce can continue to BER LEVIN: The American Shrimp Processors ety of mercantilist measures to distort apply countervailing duty and anti- Association (ASPA) strongly supports, H.R. trade with the United States. Illegal subsidy laws to nonmarket economies 4105, the bill you introduced on February 29, subsidies—we must admit we are not that are violating current law. At the ‘‘to apply the countervailing duty provisions playing on a level playing field when same time, we need robust trade poli- of the Tariff Act of 1930 to nonmarket econ- they are allowed to subsidize their in- cies that will strengthen our economy omy countries.’’ We appreciate that you dustry, and we don’t choose to do that. took the lead on this measure and are work- and build upon the partnerships we ing hard to quickly pass this critical bipar- Second, forced technology transfers. have made with countries around the tisan legislation that allows the Commerce And, third, currency manipulation. world. Department to continue to apply counter- It is important that our government Mr. LEVIN. Madam Speaker, I now vailing duty laws to non-market economies. have every tool at its disposal in order yield 2 minutes to the gentleman from We believe passage of this measure is critical to combat these abuses and others. Maine (Mr. MICHAUD) who is very ac- to the continued ability of domestic indus- This legislation will once again allow tive in trade matters. tries like ASPA to fight unfair Chinese and the application of our countervailing Mr. MICHAUD. Madam Speaker, I Vietnamese trade practices. Additionally, we duty laws and the enforcement of exist- salute the strong support offered to this rise today in strong support of H.R. measure by our Gulf coast Ways and Means ing orders to nonmarket economies 4105. I want to thank the chairman and Committee Member Charles Boustany, Jr. like China. the ranking member for their efforts in This bipartisan and bicameral legislation But we must go further if we are bringing this bill before this body. aims to correct a problematic decision by going to level this playing field with Passing this bill will ensure that the the Court of Appeals for the Federal Circuit China in a way that truly benefits Commerce Department has the author- that found that U.S. law prohibits the De- American workers and businesses. We ity to apply tariffs on illegally sub- partment of Commerce from applying coun- need to extend our trade remedy laws sidized goods from China and other tervailing duties to non-market economies to cover currency manipulation, an ap- like China and Vietnam. We understand that nonmarket economies. Congress must act by March 15th to ensure proach embraced by a large bipartisan For the State of Maine, passing this that the law is changed prior to final action majority of this body that could create bill will protect the countervailing and in the courts. over a million jobs. anti-dumping duties in place on coated As a domestic industry that has struggled Also, I believe we must embrace and paper imports from China. From 2002 to to survive amidst a barrage of subsidized im- fully fund the President’s new Inter- 2009, China provided more than $33 bil- ports from Asian non-market and market agency Trade Enforcement Center to lion in subsidies, many of them illegal, economies alike, ASPA has a strong interest focus our resources on leveling the to the paper sector. As a result, China in seeing U.S. countervailing duty law en- playing field with China. We can’t con- forced. If the Congress were to do nothing, overtook the United States as the important trade orders already in place on tinue to sit on our hands while Chinese world’s largest producer of paper and subsidized imports from China and Vietnam businesses undercut American workers paper products. This growth in Bei- would disappear. These orders have corrected and our manufacturing base continues jing’s paper sector hits Maine’s mills Chinese and Vietnamese practices that have to drift overseas. Let’s not stop with hard. injured a broad range of domestic industries the passage of this bill, but continue to Since 2008, Maine workers from both and threatened the jobs of tens of thousands move forward on a fair trade policy Sappi Fine and NewPage companies of American workers. that places American workers and have become eligible for trade adjust- Additionally, and more importantly to businesses first. ment assistance after they were laid off ASPA members, the recent Court decision would prohibit the U.S. shrimp industry Mr. CAMP. Madam Speaker, at this as a result of increased foreign im- from ever using the U.S. trade laws designed time I yield 1 minute to the distin- ports. But after countervailing and to correct unfair government subsidies on guished gentlewoman from North Caro- anti-dumping duties were applied to shrimp exported from non-market economies lina (Mrs. ELLMERS). paper imports from China, one mill

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.029 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1170 CONGRESSIONAL RECORD — HOUSE March 6, 2012 hired 100 employees. This is just one ment of Commerce can continue to from subsidized goods entering our example of how much of a difference fight unfair subsidies that hurt Amer- market. In addition, it would have countervailing duties can make for an ican manufacturers and American halted six pending U.S. investigations American company having to compete workers. We must level the playing into unfair trade practices while cost- against illegally subsidized Chinese field, and I strongly urge my colleagues ing the taxpayers billions of dollars goods. to stand with American workers and each year. H.R. 4105 will ensure that counter- pass this bill. Quite simply, allowing this decision vailing duties can continue to be ap- to stand would unilaterally disarm our b 1300 plied to illegally subsidized goods from Nation of one of the most important all countries, including China. This bill Mr. CAMP. At this time, I yield 2 weapons we have in combating sub- is critical to ensuring that our Amer- minutes to a distinguished member of sidized Chinese exports. In the world of ican businesses compete on a level the Ways and Means Committee, the global trade, our Nation can ill afford playing field, and I urge all my col- gentleman from New York (Mr. REED). to let any country assume an unfair leagues to vote for it. And I want to Mr. REED. Madam Speaker, I rise and illegal advantage. Countless Amer- once again thank the chairman and the today to join in what appears to be a ican companies, from Rochester, New ranking member for their efforts in bipartisan sentiment that’s developing York, to Detroit, Michigan, rely upon a bringing this bill forward. It’s always on the floor of the House today, and level playing field to compete and win. good to be on the same side as the I’m pleased to be part of it. I’m pleased From the day of this court ruling, chair and the ranking member. to stand with my colleagues on the I’ve been working closely with my col- Mr. CAMP. Madam Speaker, I yield 1 other side of the aisle and members of leagues on Ways and Means to reverse minute to the distinguished gentleman the Ways and Means Committee in sup- this decision, and I’m so happy to sup- from Pennsylvania (Mr. KELLY). port of a bill that will go a long way to port today’s bipartisan legislation. Mr. KELLY. Madam Speaker, I thank protecting American job creators and Tens of thousands of working Ameri- the chairman. I rise today in strong American employees from coast to cans are counting on Congress today to support of H.R. 4105. coast. reverse the court decision and preserve Where I’m from in northwest Penn- What we are talking about is allow- the ability of our country to respond to sylvania, western Pennsylvania, we rel- ing the imposition of countervailing illegal trade. ish competition. In fact, we can’t wait duties in order to protect the American I want to thank Chairman CAMP and to go head-to-head and toe-to-toe with market to make sure that the Amer- Ranking Member LEVIN for the good anybody, anytime, anyplace in the ican market is in a competitive posi- work that they have done in working world. The only thing we ask for is a tion when it comes to our competitors together to reach an agreement that level playing field, something that’s in China and making sure that when stands up for American manufacturers. fair for everyone. we go to the battlefield of the market- I urge all of my colleagues to support And when you look at markets in place that that marketplace is put on this critical legislation. Vietnam and China and other non- an even, level playing field so that we Mr. LEVIN. I yield myself the bal- market economies that are able to can compete squarely. ance of our time. game us, we don’t like it. So places As my colleague from Pennsylvania The need is clear, the answer is clear, like Sharon Tube and Wheatland Tube, (Mr. KELLY) just articulated, I bet on and I hope the vote will be clear. I those are the workers I’m talking the American worker every single time yield back the balance of my time. about. And those are workers who I when we have a marketplace that is Mr. CAMP. Madam Speaker, I yield will tell you today would stand here level, that is fair, and that is even. And myself such time as I may consume. with us, arm-in-arm, in saying, Bring that’s why I ask all my colleagues—all In summary, I’d like to say that an it on. Bring it on. We want the com- of my colleagues—to join us in sending identical bill to this passed the Senate petition. We can prove to the competi- a message today by passing the subject with unanimous consent. The ability of tion that we are the best and always bill and sending a message to the the U.S. to impose countervailing du- will be the best, but keep it a level world, to the world economy and to the ties on nonmarket economies, specifi- playing field, keep the rules where they world markets that America will com- cally on China, was something China should be, and enforce them. pete on an even playing field and allow agreed to when it entered the WTO. Mr. LEVIN. I now yield 1 minute to the imposition of countervailing duties There are massive subsidies that dis- Mr. CRITZ from the great State of to make sure that we have free mar- tort the free market and cost us jobs Pennsylvania, a gentleman who is most ketplace principles in place that pro- here in the United States. This is an active on these issues. tect our American workers and protect important tool, as so many have said, Mr. CRITZ. Madam Speaker, I thank our American job creators. as speakers today have said, for us to Mr. LEVIN. As a cosponsor of this bill, For that, I wholeheartedly support have to address unfair subsidies from I rise in strong support of H.R. 4105. and stand with hardworking taxpayers China that hurt our U.S. workers. In 2011, the U.S. Court of Appeals across this country. I ask all col- I think this is an important bill. It ruled that the Department of Com- leagues to join in support of this reso- has bipartisan support, and I urge the merce did not have the authority to lution and legislation. passage of this legislation. impose countervailing duties on goods Mr. LEVIN. I now yield 2 minutes to I yield back the balance of my time. from nonmarket economies. Of the 24 our ranking member on the Rules Com- Ms. JACKSON LEE of Texas. Madam countervailing duties currently in mittee, the gentlelady from New York Speaker I rise today in order to debate H.R. place against goods from nonmarket (Ms. SLAUGHTER). 4105, ‘‘To apply the countervailing duty provi- economies, 23 are for China. Without Ms. SLAUGHTER. Madam Speaker, I sions of the Tariff Act of 1930 to nonmarket the legislative action we are proposing thank the gentleman for yielding. This economy countries,’’ would ensure that the today to overturn this ruling, it is very is very important legislation we’re Department of Commerce can continue to likely that these current counter- doing here today because in December apply countervailing duty law (CDV) to non- vailing duties would be negated. the Federal Court of Appeals wrongly market economies (NME), such as China and This is unacceptable, and we cannot determined that the Commerce Depart- Vietnam. Countervailing duties aim to offset stand by when over 80,000 American ment does not have the authority to the benefits of government subsidies to indus- manufacturing jobs are at stake. Al- respond to illegal Chinese subsidies tries. Anti-dumping (AD) duties apply to goods most every State is impacted by this with countervailing duties. The court sold overseas at or below the price in the decision, and almost every congres- said that despite illegal action from home country. sional district in Pennsylvania has the Chinese, we, as a Nation, are un- As we enter the first full week of spring and companies that would be affected if able to respond as we wish to stop the trees are regaining their leaves. We are once this legislation does not pass. loss of thousands of American jobs. again faced with finding ways to help strength- We must take action today and pass This court decision would have im- en our economy. After years of witnessing a H.R. 4105 to overturn a flawed court mediately reversed 23 import duties decline in manufacturing, before us this year ruling and to ensure that the Depart- that protect 80,000 American workers there has been a revival. This legislation that

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MR7.032 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1171 would further enhance the economic viability China’’ products contain components from it has long been considered to be a NME for of our manufacturing industries against unfair other countries. the purposes of Anti-dumping /CVD laws. competition is welcome news. Since 2006, the U.S. government has re- The legality of applying both CVD/and AD The measure before us would enable U.S. peatedly raised concerns about alleged back- laws to Chinese goods was first tested in the manufactures to fairly compete with goods sliding in China’s implementation of commit- U.S. Court of International Trade (CIT) in which enter our stream of commerce. Goods ments it made as part of its 2001 accession to 2009, when the CIT found that Commerce’s supplied to the United States from nonmarket the World Trade Organization. Most promi- approach unreasonable. GPX Int’l Tire Corp. economies have a significant market advan- nently the problem of ‘‘excessive trade-dis- v. United States, 645 F. Supp. 2d 1231, 1242– tage. Those goods receive multiple subsidies torting government intervention intended to 1243 (Ct. Int’l Trade 2009). from their governments that allow them to be promote or protect China’s domestic industries The CIT ruled that the prospect of a double sold at a steeply discounted price in the and state-owned enterprises.’’ China’s inad- remedy is likely when CVD duties are imposed United States and thereby gain a competitive equate protection of intellectual property rights at the same time as the NME AD duties. As advantage against products that are unsub- has also been a major concern. Under the the CIT explained, ‘‘the NME AD statute was sidized and manufactured in the United Obama Administration, there have been four designed to remedy the inability to apply the States. cases filed against China with the World Trade CVD law to NME countries, so that subsidiza- Just think of a main street which employs Organization, including three in 2010. tion of a foreign producer or exporter in a hundreds of local workers. The main manufac- Those four cases relate to China’s import NME country was addressed through the NME turing plant on main street supplies both substitution subsidies in the wind energy sec- AD methodology.’’ goods and services to the community. When tor, its anti-dumping and countervailing duties The CIT instructed Commerce ‘‘. . . to outside goods and manufacturers, from non- on grain-oriented electrical steel from the forego the imposition of CVDs on the mer- market economies, compete with main street United States, its restrictions on foreign sup- chandise at issue or for Commerce to adopt manufacturers by undercutting prices the re- pliers of electronic payment services, and its additional policies and procedures to adapt its sult will be that manufacturers on main street restraints on exports of raw materials used in NME AD and CVD methodologies to account will close. American workers will lose jobs and the steel, aluminum, and chemical sectors. for the imposition of CVD remedies on mer- it will cause the death of main streets all over The White House reports, however, that it chandise from the PRC.’’ GPX Int’l Tire Corp. the country. made progress on some long-standing trade v. United States. We must continue to support measures that issues with China at the December 2010 Commerce was unable to find a reasonable will establish and ensure a level playing field meeting of the U.S.-China Joint Commission methodology to prevent the likely double- for American workers and American compa- on Commerce and Trade in Washington, D.C. counting outcome and, under protest, it com- nies. The issue before us is how to address Currently, there are more than 300 anti- plied with the CIT’s order not to apply CVDs goods from countries like China and Vietnam dumping and countervailing duty orders to on imports of tires from China, but appealed that have entered our stream of commerce, shield American-made goods, from honey to the CIT decision. and compete with our business but have a bedroom furniture, against global competition The Federal Circuit affirmed the holding of significant market advantage because they are it deems unfair and damaging to U.S. compa- the Court of International Trade that such heavily subsidized. nies. About half the orders target iron and countervailing duties could not be collected I firmly believe in the importance of con- steel products. but did so on different grounds. Without this tinuing a balanced trade relationship with China accounts for a third of all U.S. unfair legislation the Department of Commerce will China. Trade between the United States and trade cases, the most of any country, including be required to stop imposing countervailing China has expanded dramatically in the years about 100 anti-dumping and two dozen coun- duties on goods imported from nonmarket since China acceded to the World Trade Or- tervailing duty orders, according to the U.S. economies (NME). ganization in December 2001. In 2009, bilat- International Trade Commission. Rather, in affirming the CIT’s judgment, the eral trade in goods totaled $366 billion, with The U.S. Commerce Department would be CAFC held more broadly that the legislative U.S. imports from China totaling $296 billion allowed to apply duties to offset government history of the U.S. CVD laws, Commerce’s and U.S. exports to China totaling $70 billion. subsidies in nations such as China and Viet- longtime practice up to 2007 of not applying In my home State of Texas we have also in- nam under this bipartisan bill. CVD law to NMEs, and the CAFC’s 1986 creased our exports of goods to China. In the H.R. 4105, overturns the decision of the opinion in Georgetown Steel Corp. v. United District I represent, the 18th Congressional Court of Appeals for the Federal Circuit and States, compel the interpretation that the CVD District of Texas, we export chemicals, ma- preserves the validity of the countervailing statute cannot be applied to NME countries. chinery, computers & electronics, fabricated duty proceedings against imports from China The CAFC reasoned that the earlier interpreta- metal products, and primary metal manufac- and Vietnam, beginning in 2006. This would tion was considered and adopted by Con- turing. Yet, I can attest that more can be done ensure that the Department of Commerce can gress, when Congress amended the Trade Act to ensure that our trading relationship must continue to apply countervailing duty law of 1930 in the 1988 Trade Act, and again in improve. (CDV) to non-market economies (NME), such 1994 when it reenacted most of CVD law Experts agree that the disparity in imports as China and Vietnam. Countervailing duties while making changes to conform U.S. law to and exports has resulted in a U.S. goods aim to offset the benefits of government sub- its international obligations as part of the Uru- trade deficit with China. In 2009, there was a sidies to industries. Anti-dumping (AD) duties guay Round Agreements Act. The Federal Cir- trade deficit with China for $227 billion in apply to goods sold overseas at or below the cuit stated: which accounts for 45.3 percent of the overall price in the home country. We thus find that in amending and re- U.S. goods trade deficit. The legislation also addresses an adverse enacting the trade laws in 1988 and 1994, Con- In trade in services, the United States runs World Trade Organization (WTO) finding that gress adopted the position that counter- a surplus with China, with exports to China of there may be ‘‘double remedies’’ in situations vailing duty law does not apply to NME $16 billion in 2008 (the latest year for which where countervailing duties are applied to countries. Although Commerce has wide dis- numbers are available) and imports from NME exports at the same time that anti- cretion in administering countervailing duty China valued at $10 billion. dumping duties calculated using the so-called and antidumping law, it cannot exercise this The United States’ bilateral goods trade im- ‘‘surrogate value’’ methodology are applied to discretion contrary to congressional intent. balance with China may be attributed to a va- the exports. It is a broader ruling from several points of riety of factors such as alleged unfair trade As a senior Member of the Judiciary Com- view, which, in practice, may succeed in pro- practices and their undervalued currency and mittee it is not without hesitation that I join my viding more clarity on the issues than if the their impact on the U.S. economy. colleagues in overturning a court ruling. I be- CAFC had affirmed GPX by adopting the Chinese officials, who cite different figures lieve in the deliberative process from the judi- CIT’s rationale. First, the CAFC did not distin- for the bilateral trade deficit provided by the ciary and I was pleased that the court en- guish between NME countries, as Commerce United States, routinely seek to shift some of trusted Congress to act. did in 2007 when it found that CVD law can the blame for the trade deficit to the United In 2007, the Department of Commerce be applied to China. In essence the CAFC’s States by criticizing U.S. controls on exports of began applying countervailing duty laws opinion tells Commerce that it cannot have it advanced technology. They further argue that (CVD). This was after nearly 20 years of not both ways: where the agency makes a deter- the sharp increase in exports to the United applying CVD laws to import from NME coun- mination that a country is a NME, it does not States reflects the shifting of production from tries. In 2007, Commerce began to impose have authority to assess CVDs on imports other countries to China and many ‘‘made-in- CVDs to imports from China, a country which from that country. Second, GPX involved an

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\A06MR7.020 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1172 CONGRESSIONAL RECORD — HOUSE March 6, 2012 alleged ‘‘domestic subsidy,’’ which generally If the Commission makes an affirmative deter- of solar panel production costs, and China ac- benefits both domestic and exported goods, mination, it proposes a remedy. The Commis- tually imports U.S. raw materials and equip- as opposed to an ‘‘export subsidy’’ which ap- sion sends its report to the President and the ment. Further, China’s extra shipping costs plies only to exports. The CIT’s opinion in U.S. Trade Representative. The President and comparatively lower labor productivity GPX may have not prevented Commerce from makes the final remedy decision. make its pricing impossible without illegal sub- countervailing export subsidies in other cases. When China entered the WTO in 2001, it sidization and dumping. However, the CAFC’s language does not dis- agreed to allow the United States to continue OVERVIEW H.R. 4105 tinguish between subsidies and holds that to treat it as a non-market economy for 12 H.R. 4105 is a direct response to a Decem- ‘‘countervailing duty law does not apply to years (codified in U.S. law under Sections 421 ber 19, 2011, decision by the United States NME countries.’’ Third, as noted supra, the of the 1974 Trade Act, as amended) for the Court of Appeals for the Federal Circuit. The CAFC did not adopt the CIT’s reasoning of purpose of U.S. safeguards. This provision en- Court found that certain countervailing duties double-counting of remedies. The CIT’s rea- ables the United States (and other WTO mem- levied by the Department of Commerce on soning left open the possibility that Commerce bers) to impose restrictions (such as quotas tires imported from China should not have may come up with a methodology that some- and/or increased tariffs) on Chinese products been assessed because countervailing duty how eliminates double-counting, while impos- when imports of those products have sharply law does not apply to the context of a non- ing both ADs and CVDs on imports from a increased and have caused, or threaten to market economy (NME) such as China’s. The NME. The CAFC’s decision in GPX closed cause, market disruption to U.S. domestic pro- United States Court of International Trade that possibility by explicitly stating that one ducers. originally ruled that the prospect of a double cannot apply CVD law to a NME country. In Under the Bush Administration on six dif- remedy is likely when CVD duties are imposed short, had the CAFC adopted the CIT’s rea- ferent occasions chose not to extend relief to in parallel with NMEAD duties. soning in GPX, it is possible that some of various industries under the China-specific The Federal Circuit affirmed the holding of Commerce’s authority to proceed with CVD in- safeguard, even though in four cases the U.S. the Court of International Trade that such vestigations—albeit on a much more restricted International Trade Commission (USITC) rec- countervailing duties could not be collected, scale—would have survived. However, the ommended relief. A number of U.S. industries but did so on different grounds. If this ruling is CAFC’s decision, once final, will compel Com- and labor groups have called on the Obama allowed to stand then U.S. manufacturers merce to cease its current CVD practice with Administration to utilize the China safeguard would be adversely affected, thousands of respect to countries designated as NMEs. provision, especially in the face of the current american workers could lose their jobs, and The problems raised by this decision has U.S. recession and because of ‘‘unfair’’ Chi- the Commerce Department would not be able been addressed by this legislation. As H.R. nese trade practices. to affectively address unfair trade practices. 4105 amends the Tariff Act of 1930 regarding Countervailing duty (CVD) laws give a simi- HUMAN RIGHTS VIOLATIONS the imposition of countervailing duties on im- lar kind of relief to domestic industries that I would be remiss if I did not mention today ports into the United States from a country have been, or are threatened with, the ad- the importance of not only establishing a fair subsidizing, directly or indirectly, the manufac- verse impact of imported goods that have and positive trade relationship with China, but ture, production, or export of merchandise been subsidized by a foreign government or also ensuring that our trade partner continues which materially injures a U.S. industry or public entity, and can therefore be sold at to address human rights issues. threatens to. lower prices than similar goods produced in In the past several years, the People’s Re- Declares that merchandise on which coun- the United States. The relief provided is an public of China had enacted some laws aimed tervailing duties must be imposed includes additional import duty placed on the sub- at reducing human rights abuses, including merchandise from a nonmarket country, un- sidized imports. those related to the use of torture, the death less the administering authority cannot identify Currently, there are more than 300 anti- penalty, and labor conditions. It also has pro- and measure subsidies provided by the gov- dumping and countervailing duty orders to mulgated legislation protecting property rights ernment of the nonmarket economy country shield American-made goods, from honey to and promoting government transparency, and (or a public entity within its territory) because bedroom furniture, against global competition developed mechanisms for soliciting public the economy of that country is essentially it deems unfair and damaging to U.S. compa- input in the policy-making process. composed of a single entity. nies. About half the orders target iron and However, the enforcement of human rights Requires the administering authority to re- steel products. protections remains weak and arbitrary. The duce the antidumping duty on a class or kind China accounts for a third of all U.S. unfair People’s Republic of China’s leadership has of merchandise from a nonmarket economy trade cases, the most of any country, including instituted few real checks on its power and re- country in cases where: (1) such country (or a about 100 anti-dumping and two dozen coun- mains extremely sensitive to social instability, public entity within its territory) has provided tervailing duty orders, according to the U.S. autonomous political activity, and potential the merchandise with a countervailable sub- International Trade Commission. challenges to its authority. sidy (other than an export subsidy), (2) the STORY OF SOLAR CELL AND PANEL INDUSTRY In the past two years, the government has subsidy has reduced the average price of im- China exports the vast majority of its solar cracked down upon human rights lawyers, so- ports of that class or kind of merchandise dur- products, and has a small domestic market. cial organizations, and Internet use. Major on- ing the relevant period, and (3) the extent to Chinese exports of crystalline silicon solar going problems include the following: exces- which the subsidy, in combination with the use cells and panels to the United States rose sive use of violence by security forces and of normal value, has increased the weighted more than 350 percent from 2008 to 2010. Ex- their proxies; unlawful detention; torture; arbi- average dumping margin for such merchan- ports in July 2011 alone exceeded those from trary use of state security laws against political dise can be reasonably estimated. all of 2010. dissidents; coercive family planning policies; Requires the administering authority, in such The continued push of massive volumes of state control of information; and harassment cases, to reduce the antidumping duty by the dumped Chinese cells and panels, along with and persecution of people involved in amount of the increase in the weighted aver- growing margins of underselling at artificially unsanctioned religious activities, including wor- age dumping margin estimated (but not by and illegally low prices, ultimately caused mar- ship in unregistered Protestant ‘‘house church- more than the portion of the countervailing ket pricing in the United States to collapse in es’’ and Catholic churches that express loyalty duty rate attributable to the countervailable 2011—with an average worldwide price de- to the Pope. Many Tibetans, ethnic Uighur subsidy). cline of 40 percent—despite a growing market (Uygur) Muslims, and Falun Gong adherents FACTS for these goods. have been singled out for especially harsh Antidumping and countervailing duty laws Chinese subsidies caused the price collapse treatment. The Congressional-Executive Com- are administered jointly by the U.S. Inter- and has had a devastating impact on the U.S. mission on China has documented 1,452 national Trade Commission and the U.S. De- solar cell and panel industry, resulting in shut- cases of political and religious prisoners partment of Commerce. downs, layoffs, and bankruptcies throughout known or believed to be under detention. Currently, the U.S. International Trade Com- the country. Over the past 18 months, seven As we move forward in addressing the mission (USITC) determines whether articles solar plants have shut down or downsized, needs of American workers and American from China are being imported into the United eliminating thousands of U.S. solar manufac- business, we must continue by leveling the States in such increased quantities or under turing jobs in Arizona, California, Massachu- playing field against highly subsidized non- such conditions as to cause or threaten to setts, Maryland, New York, and Pennsylvania. market economy good through the application cause market disruption to the domestic pro- China does not have a production cost ad- of countervailing duty and antidumping as ducers of like or directly competitive products. vantage—labor accounts for only 10 percent laws. And, as we build trade relationships with

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\A06MR7.022 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1173 China, Vietnam, and other Global partners As our Nation’s economy continues to re- legislation is critical to preserving their ability they must be balanced relationships. We must cover from the Great Recession, and Amer- to combat such practices by countries such as also remember to ask of our partners to ican industry rebounds from a decade of out- China. strongly advocate for fair trade, fair labor prac- sourcing and unfair competition, it is important I applaud the expeditiousness of the House tices, and stress the importance of human that this Congress support domestic manufac- Ways and Means Committee and the House rights. The advancement of human rights is an turing and good paying jobs by voting in favor leadership in bringing this important legislation important American value. Today, marks the of H.R. 4105. to the floor, and I urge my colleagues to vote opportunity for American workers to breathe a Mr. TURNER of Ohio. Madam Speaker, the ‘‘aye.’’ sigh of relief, that their jobs are not going to December 2011 ruling by the U.S. Court of The SPEAKER pro tempore. The be jeopardized by goods manufactured out- Appeals for the Federal Circuit bars the De- question is on the motion offered by side of the United States that have an unfair partment of Commerce from applying counter- the gentleman from Michigan (Mr. competitive advantage. vailing duties (CVDs) on goods produced by CAMP) that the House suspend the rules Mr. DINGELL. Madam Speaker, I rise in heavily subsidized foreign companies from and pass the bill, H.R. 4105. very strong support of H.R. 4105. I am an non-market economy countries like China and The question was taken. original co-sponsor of this wonderfully com- Vietnam. The SPEAKER pro tempore. In the mon-sense bill, which will permit the Depart- This ruling is a significant blow to U.S. man- opinion of the Chair, two-thirds being ment of Commerce to apply countervailing ufacturers and workers. If action is not taken in the affirmative, the ayes have it. duty orders to non-market economies like to remedy the situation, the Department of Mr. LEVIN. Madam Speaker, on that China. While the term, ‘‘countervailing duty Commerce could likely be forced to terminate I demand the yeas and nays. order,’’ is not one on the tip of every Ameri- 24 existing CVD orders against unfairly sub- The yeas and nays were ordered. can’s tongue, it is an extraordinarily important sidized products from China and Vietnam, in- The SPEAKER pro tempore. Pursu- trade enforcement tool. In times like these, we cluding a CVD order to help companies and ant to clause 8 of rule XX, further pro- need to be able to use our trade laws to the families in southwest Ohio. ceedings on this question will be post- fullest extent, so we can protect jobs at home In my community, paper manufacturers New poned. and ensure our trading partners play by the Page, SMART Papers and Appleton Papers, f rules. petitioned the International Trade Commission PROVIDING FOR CONSIDERATION H.R. 4105 is a bipartisan, bicameral bill that to levy CVDs on subsidized imports of coated OF H.R. 2842, BUREAU OF REC- will be signed into law by President Obama. It fresh-sheet paper from China and Indonesia. LAMATION SMALL CONDUIT HY- is another step in the right direction for Amer- In 2008, NewPage was forced to close its DROPOWER DEVELOPMENT AND ican trade, and it is one that is fully consistent sheeting facility for coated paper due to these RURAL JOBS ACT OF 2011 unfair trade practices, resulting in a loss of with our World Trade Organization obligations. Mr. BISHOP of Utah. Mr. Speaker, by 175 Ohio jobs. Just recently, Appleton Papers A flawed decision by the Court of Appeals for direction of the Committee on Rules, I announced it would cut 330 jobs from the the Federal Circuit weakened our country’s call up House Resolution 570 and ask West Carrolton plant in my Dayton community ability to protect itself from unfair trade prac- for its immediate consideration. as it struggles against unfair competition. tices, and H.R. 4105 will fix it. Most impor- The Clerk read the resolution, as fol- I strongly backed the application of CVDs tantly, the bill will help workers and busi- lows: nesses in my home State of Michigan com- against this unfair trade practice and testified H. RES. 570 pete fairly on a level playing field. before the ITC in support of the petition, which Resolved, That at any time after the adop- I commend my good friends, Messrs. CAMP, was unanimously approved in 2010. However, tion of this resolution the Speaker may, pur- LEVIN, BRADY, and MCDERMOTT for introducing the court’s recent ruling could negate the suant to clause 2(b) of rule XVIII, declare the H.R. 4105, and I congratulate House leader- ITC’s unanimous action and threaten more House resolved into the Committee of the ship for bringing it to a vote so expeditiously. jobs in my community. Whole House on the State of the Union for I urge my colleagues in the Senate to act Madam Speaker, we must move swiftly to consideration of the bill (H.R. 2842) to au- swiftly, so we can send this measure to Presi- ensure U.S. manufacturers and workers can thorize all Bureau of Reclamation conduit dent Obama for his signature. compete on a level playing field in the global facilities for hydropower development under Vote ‘‘yes’’ on H.R. 4105. marketplace. That is why I am an original co- Federal Reclamation law, and for other pur- Mr. GENE GREEN of Texas. Madam sponsor of H.R. 4105, bipartisan legislation poses. The first reading of the bill shall be that confirms the Department of Commerce dispensed with. All points of order against Speaker, I rise today to ask my colleagues to consideration of the bill are waived. General join me in support of domestic manufacturing, may continue to apply CVDs against unfairly debate shall be confined to the bill and shall middle class jobs, and American in-sourcing subsidized imports from nonmarket economies not exceed one hour equally divided and con- by voting in favor of H.R. 4105. like China. trolled by the chair and ranking minority Last December, the U.S. Court of Appeals At the same time, with 95 percent of con- member of the Committee on Natural Re- for the Federal Circuit ruled that the Com- sumers overseas, it is essential that U.S. com- sources. After general debate the bill shall be merce Department could not apply counter- panies have the opportunity to export their considered for amendment under the five- vailing duties (CVDs) on imports from non- products. U.S. exporters face many non-tariff minute rule. It shall be in order to consider market economies. If this ruling were allowed barriers that violate existing trade agreements, as an original bill for the purpose of amend- ment under the five-minute rule the amend- to stand, it would terminate 23 existing CVD hampering the ability of U.S. companies to ac- ment in the nature of a substitute rec- orders on certain imports from China and one cess foreign markets and create jobs. My bill, ommended by the Committee on Natural Re- from Vietnam. H.R. 3112, the Trade Law Enforcement Act, sources now printed in the bill. Each section H.R. 4105 would reverse the court’s ruling provides an affordable way for U.S. compa- of the committee amendment in the nature and make clear the intent of Congress to allow nies to have their market access complaints of a substitute shall be considered as read. CVDs to be applied to non-market economies. investigated and resolved in a manner con- All points of order against the committee Several of the endangered CVD orders pro- sistent with U.S. international obligations. amendment in the nature of a substitute are vide relief to steel and pipe manufacturers, Madam Speaker, I strongly support H.R. waived. No amendment to the committee many of which, including VAM Drilling, V&M 4105 and urge my colleagues to vote yes on amendment in the nature of a substitute shall be in order except: (1) those received Star, and TMK IPSCO, are located in or near this important legislation. I also urge my col- for printing in the portion of the Congres- the 29th District of Texas. leagues to support and co-sponsor my bill, sional Record designated for that purpose in These manufacturers, and the dozens like H.R. 3112, to help U.S. manufacturers reach clause 8 of rule XVIII dated at least one day them throughout the country, have witnessed new consumers abroad and spur job creation before the day of consideration of the amend- unfair competition on a mass scale in recent right here at home. ment; and (2) pro forma amendments for the years due to the large subsidies provided by Mr. VISCLOSKY. Madam Speaker, I rise in purpose of debate. Each amendment so re- the Chinese government towards their domes- support of H.R. 4105, a measure that will ceived may be offered only by the Member tic industries. apply the countervailing duty provisions of the who caused it to be printed or a designee and shall be considered as read if printed. At the Without these countervailing duties, tens of Tariff Act of 1930 to nonmarket economy conclusion of consideration of the bill for thousands of well-paying, middle class jobs countries. amendment the Committee shall rise and re- would be threatened around the country, in- Steelworkers and manufacturers in North- port the bill to the House with such amend- cluding several thousand in the 29th District west Indiana need every tool available to them ments as may have been adopted. Any Mem- alone. to combat duplicitous trade practices, and this ber may demand a separate vote in the

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.024 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1174 CONGRESSIONAL RECORD — HOUSE March 6, 2012 House on any amendment adopted in the customary 30 minutes, and I yield my- yet one more day when the American Committee of the Whole to the bill or to the self such time as I may consume. people will go without new American committee amendment in the nature of a Madam Speaker, in my home State of jobs. substitute. The previous question shall be New York, unemployment continues to I reserve the balance of my time. considered as ordered on the bill and amend- ments thereto to final passage without inter- remain stubbornly high. Thousands of Mr. BISHOP of Utah. Madam Speak- vening motion except one motion to recom- Americans have given up looking for er, I am pleased to yield 5 minutes to mit with or without instructions. work altogether. For many, unemploy- the gentleman from California (Mr. SEC. 2. The chair of the Committee on Fi- ment benefits have expired, and there MCCLINTOCK), who is the chair of the nancial Services is authorized, on behalf of is little hope that a paycheck will soon subcommittee that heard this par- the committee, to file a supplemental report be a regular part of daily life. ticular bill. to accompany H.R. 3606. Despite this dire economic reality, Mr. MCCLINTOCK. I thank the gen- The SPEAKER pro tempore. The gen- once again we are going through a bill tleman for yielding. tleman from Utah is recognized for 1 that has nothing to do with job cre- Madam Speaker, this rule brings to hour. ation. Instead, we have piecemeal pro- the floor one of the most simple and Mr. BISHOP of Utah. Madam Speak- posal after piecemeal proposal to do sensible bills on energy development er, for the purposes of debate only, I more to further ideological goals than that we have yet heard. It is H.R. 2842, yield the customary 30 minutes to the create jobs. offered by the gentleman from Colo- gentlelady from New York (Ms. Instead of creating jobs, today’s bill rado (Mr. TIPTON). SLAUGHTER), pending which I yield my- would clarify lines of authority for two What it promises is this: At precisely self such time as I may consume. Dur- government agencies. Is this a worthy no cost to taxpayers, freeing up abso- ing consideration of this resolution, all goal? Maybe. Some say yes. But does it lutely clean electricity on a scale so time yielded is for the purpose of de- create thousands of American jobs? vast that it would take several hydro- bate only. The answer is clearly no. electric dams to duplicate, simply by GENERAL LEAVE As they have with so many other relaxing the regulatory stranglehold, Mr. BISHOP of Utah. Madam Speak- bills, the majority has also inserted un- simply by getting government bureau- er, I ask unanimous consent that all necessary partisan language into to- crats out of the way, this bill has the Members may have 5 legislative days day’s bill language that attacks exist- potential of adding thousands of in which to revise and extend their re- ing environmental law for no good rea- megawatts of absolutely clean and re- marks. son. Specifically, it provides a categor- newable electricity to the Nation’s en- The SPEAKER pro tempore. Is there ical exemption for all small hydro- ergy supply, reducing utility bills, re- objection to the request of the gen- power projects from National Environ- ducing reliance on fossil fuels, and, to tleman from Utah? mental Policy Act compliance. There answer the gentlelady from New York, There was no objection. adding thousands of permanent high- Mr. BISHOP of Utah. This resolution is no clear reason for this exemption paying jobs to the Nation’s economy. provides for a modified open rule for from environmental protection. Currently, hydropower projects that All that is necessary for this to happen the consideration of H.R. 2842, suc- don’t raise substantive environmental is for government bureaucrats to get cinctly titled the Bureau of Reclama- concerns have always been approved out of the way and allow people to tion Small Conduit Hydropower Devel- relatively quickly. From 2006 to 2010, 13 place small hydroelectric generators in opment and Rural Jobs Act of 2011. It exemptions were completed in less thousands of miles of existing pipe- provides for 1 hour of general debate than a year each. In 2011, there were lines, canals, and aqueducts. equally divided between and controlled nine exemptions that were granted in This doesn’t involve new construc- by the chairman and ranking member an average of 40 days. Yet, despite see- tion. The facilities are already there. It of the Committee on Natural Resources ing a system that works relatively doesn’t involve any adverse impact to and makes in order all amendments well, the majority decided to once the environment. These are water pipes which were preprinted in the CONGRES- again put industry before the environ- and canals in which there are no fish of SIONAL RECORD and which otherwise ment and include this controversial any kind. And yet this administration comply with the rules of the House. provision. This approach may fill a leg- forces water users and developers to go b 1310 islative calendar, but it fails to create through a lengthy, costly, and point- So this modified open rule is a very jobs for the American people. less environmental review process that fair and generous rule—a continuation We could be considering a 5-year sur- literally doubles the cost of these of the work of Chairman DREIER and face transportation bill, which projects and makes them cost prohibi- the Rules Committee—and will provide everybody’s waiting for, something we tive. for a balanced and open debate on the were supposed to consider weeks ago. A The reason there are so few applica- merits of the bill. well-written and bipartisan bill—and tions is because the requirements of Madam Speaker, I am pleased to all the transportation bills from the this absurd law simply make these stand before the House today in sup- Eisenhower administration up to now projects cost prohibitive, and it simply port of this rule, as well as the under- were always bipartisan bills—would doesn’t make sense to move forward lying legislation, H.R. 2842. I appre- have created thousands of American with them. This bill simply says this: ciate the hard work of the bill’s chief jobs; but, once again, no such bill has You don’t need to go through that non- sponsor, Mr. TIPTON of Colorado, as come to the floor. Instead, they were sense anymore. well as Mr. GOSAR of Arizona, one of forced to pull a proposed surface trans- Now, why isn’t this bill being taken the cosponsors, Representative portation bill because they had alien- up on suspension? It would be one of MCCLINTOCK of California, who is the ated Members of their own party with the all-time no-brainers. It passed the chairman of the subcommittee that extreme provisions that would deci- Natural Resources Committee on a bi- held the hearings on this bill, and of mate public transportation and fail to partisan vote. The reason that this de- course Chairman HASTINGS of the Re- create jobs. bate is required is because this com- source Committee, who brought this Now we continue to wait as the ma- monsense legislation is vigorously op- bill forward as one of the companion jority works to write a reasonable posed by the environmental left; that pieces of the myriad of pieces of legis- transportation bill that will actually is the measure of extremism from lation which, if enacted, would greatly create jobs. In the meantime, we con- which this movement now suffers. Per- improve our Nation’s energy policy and sider bill after bill that does nothing to haps the best way to alert the Amer- provide for a responsible and balanced create the many thousands of jobs that ican people to this extremism is approach to further energy develop- are so desperately needed. through debate that this rule makes ment. Madam Speaker, the record is clear. possible. With that, Madam Speaker, I reserve When the majority pushes partisan pol- A generation ago, in the 1960s, elec- the balance of my time. itics over good governance, the Amer- tricity was so cheap that some commu- Ms. SLAUGHTER. I thank the gen- ican people lose. Today is the latest in nities didn’t even bother with elec- tleman from Utah for yielding me the a long line of such partisan bills, and tricity meters, and there’s a reason for

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.009 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1175 that. In those days, we were building this Chamber and laid out before the the gentleman from Colorado (Mr. TIP- hydroelectric dams that not only pro- country and the Congress some very TON), the sponsor of this particular bill, tected us from floods and droughts, but specific proposals to help put Ameri- who will talk about how to create real that delivered electricity for as little cans back to work. The President pro- power using water resources that we as 3 cents per kilowatt hour. At that posed that we give a tax cut to small have. price, an average household’s elec- businesses who hire people. The House (Mr. TIPTON asked and was given tricity bill would come to about $30 a has never voted on that proposal. The permission to revise and extend his re- month. That dream seems surreal President proposed that at a time when marks.) today. our bridges and roads and airports and Mr. TIPTON. As a sponsor of this bi- Today, government regulations are ports need construction and recon- partisan legislation, I support the rule literally threatening the ability of this struction, that we put Americans back on H.R. 2842, and I encourage an open Nation to generate sufficient elec- to work in the construction industry debate because I believe the merits of tricity to keep people’s air condi- performing those vitally necessary this bill will speak for themselves. H.R. tioning and refrigerators running in tasks. The House has never voted on 2842 is a bipartisan plan to authorize the summer, just as similar policies that proposal. At a time when police new hydropower production and prevent Americans from prospering officers and firefighters and teachers streamline the regulatory process in from our vast petroleum reserves and are being laid off across our country, order to create new American jobs. nuclear power potential. the President proposed some short- Many rural water and irrigation dis- It’s no coincidence that the States term relief so we could put our officers tricts and electric utilities in western States seek to develop hydropower on with the most stringent regulations back on the beat, our firefighters back Bureau of Reclamation water canals also have the highest electricity prices on the apparatus, our teachers back in and pipelines, but overburdensome and and the sickest economies. People of the classroom. The House has never unnecessary regulations stand in the my State of California, the land of vast voted on that proposal. unrealized hydroelectric potential and Here we are 6 months later, doing way and discourage investment in a pioneer in nuclear power, now use what we’re doing today. In that 6 these projects. Most of these small less electricity per capita than any months, another crisis has manifested projects are not currently authorized other State in the Union, and yet we itself, one that affects Americans at Bureau of Reclamation canals and, as a result, they never get off the pay among the highest electricity across our country more severely every ground. Those that are currently au- prices in the country. We also suffer day, and that is each time they fill up thorized are subject to an additional from one of the highest unemployment their vehicle, it takes just a little bit review process under the National En- rates in the country, despite ceaseless more money out of their grocery budg- vironmental Policy Act even though empty promises of green jobs. et, the utility budget, what they use to Now along comes this bill by Mr. TIP- the canals on which they are built have pay their mortgage payment, what TON of Colorado that does everything already gone through a full environ- they use to educate their children. The the environmental left claims it likes: mental review when they were con- rising price of gasoline is a serious It produces absolutely clean and renew- structed or rehabilitated. threat to the prosperity and stability able electricity in vast quantities at H.R. 2842 authorizes the production of of American families. precisely no cost to taxpayers. It re- hydropower at all Bureau of Reclama- The president of Exxon has said that quires no new construction. All that’s tion conduits; and by doing so, it al- his conclusion is that about $30 of the necessary to achieve this is to put lows placement of small hydropower cost of a barrel of crude oil is attrib- small generators in existing pipelines generators on existing man-made ca- utable to the speculation of prices by and canals that have already passed en- nals and pipes that have already gone people who never really buy, sell or use vironmental review and pose no con- through the NEPA process. This au- oil, but who bet on its price: casino ceivable environmental impact. Yet, thorization does not currently exist, gamblers, not deliverers of oil. Gold- instead of embracing this measure, and therefore hydropower development man Sachs estimates that anywhere these radical elements instead throw a under current reclamation law will not from $22 to $28 a barrel is also due to conniption fit. happen unless Congress acts. This bill speculation, and they ought to know Well, let them do that in public. Let also eliminates duplicative red tape by because they’re no doubt participating the American people see this debate. exempting small hydropower projects in it. Let them see for themselves the nihi- on previously disturbed ground from The bill that we would propose be put listic ideology behind this movement going through an additional NEPA re- on the floor this afternoon would crack and how it is practiced by those in this view. This bill does not apply to rivers, down on that speculation. It would re- Congress who share and support it, and large dams, or natural-flowing waters quire that trades be disclosed; it would then let the American people judge. I in any way, and it will not impact en- empower regulatory agencies to iden- think the debate over this bill will dangered fish or wildlife. tify illegal price manipulation behav- offer our fellow citizens a real insight In many cases, having to go through ior; and reduce the price of crude oil to into this movement, and I support the an additional unnecessary review proc- American consumers. resolution that makes this debate pos- ess determines whether or not a hydro- There are other ways to do this. I, for power project is economically feasible sible. one, favor increased domestic produc- Ms. SLAUGHTER. Madam Speaker, and, as a result, determines whether or tion. I think there are ways that we if we defeat the previous question—and not this country moves forward with can increase the natural gas and coal I hope we will—I’m going to offer an the development of green energy. and oil that we produce. I certainly amendment to the rule to provide that Chris Treese of the Colorado Water think that we should expand renew- immediately after the House adopts District in the Natural Resources Com- ables as well. But there is one regu- the rule, we will bring up H.R. 964, the mittee testified on this bill and he latory tool that we have not given our Federal Price Gouging Prevention Act. stated: regulators and we ought to give it to To talk about our proposal, I am Environmental reviews under NEPA are them here. The underlying bill is cer- pleased to yield 3 minutes to the gen- universally time consuming and expensive. tainly worthy of consideration, but we tleman from New Jersey (Mr. AN- The River District’s current experience with have an immediate energy problem an environmental assessment on a non- DREWS). here in America, an immediate jobs construction action has taken over a year (Mr. ANDREWS asked and was given and nearly $1 million in outside expenses. permission to revise and extend his re- problem. And I would respectfully sug- By eliminating this duplicative re- marks.) gest that the right vote is to defeat the previous question so we may move on quirement, we can add power to the b 1320 and consider legislation that would grid, provide an environment for job Mr. ANDREWS. I thank the gentle- deal with the current price of gasoline growth in rural America and return lady for yielding. prices. revenues to the Treasury. This com- Madam Speaker, 180 days ago, the Mr. BISHOP of Utah. Madam Speak- monsense piece of legislation has bi- President of the United States came to er, I am pleased to yield 3 minutes to partisan cosponsorship and passed out

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.037 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1176 CONGRESSIONAL RECORD — HOUSE March 6, 2012 of the committee with bipartisan sup- This legislation makes sure that we greater, cheaper energy is vital to the port. It’s also been endorsed by the do cut out speculators. It strengthens growth of the economy and the growth rural irrigators and electric utilities penalties for manipulating the market, of jobs. That’s what this bill tries to that operate the Bureau of Reclama- which forces up gas prices and leads to do. tion canals and know the issue best. price gouging. After we cut out specu- Frequently in this House, we have These organizations include: the Fam- lators, we should cut out the subsidies brought bills that have tried to in- ily Farm Alliance, the National Water for Big Oil, and we should reinvest crease our offshore drilling on Federal Resources Association, the American those dollars in a long-term strategy property. We have talked about the Public Power Association, and the As- focused on clean and renewable Keystone pipeline and the ability of sociation of California Water Agencies. sources. 20,000 high-paying jobs if it were just I’m proud to offer this contribution Mr. Speaker, our debate should focus permitted. We have talked about try- to the House Republicans of the all-of- on a green-energy policy free of market ing to increase domestic energy pro- the-above energy strategy for America, speculation and subsidies our Nation duction on public lands that have been and I look forward to a spirited discus- can’t afford. We must tackle this prob- put off-limits by this particular admin- sion on how we can produce more re- lem rather than using it to point fin- istration. Those efforts we have dealt newable energy and put our people in gers and try to score points. Thus I en- with. We have passed through this this country back to work. courage my colleagues to vote ‘‘no’’ on House. They’re over sitting in the Sen- Ms. SLAUGHTER. Madam Speaker, I the previous question and vote ‘‘no’’ on ate waiting for action. And today we am pleased to yield 3 minutes to the the rule. add to that effort with a significant gentleman from New York (Mr. Mr. BISHOP of Utah. I reserve the bill that will add to our hydropower BISHOP). balance of my time. and hydroenergy that once again Mr. BISHOP of New York. I thank I advise my colleague that I am pre- comes along with this. the gentlelady for yielding. pared to close. But the problem that we have and I rise in opposition to the rule and in Ms. SLAUGHTER. Madam Speaker, I the reason why this bill is here before support of moving the previous ques- yield myself the balance of my time. us, if I can summarize, is, simply, our tion. This motion would amend the bill Millions of Americans remain out of efforts to add this kind of energy to with strong provisions to stop price our portfolio are being stopped by spe- gouging at the gas pumps. work, countless more run out of unem- ployment assistance, and meanwhile cial interest groups and, unfortunately, We really are long overdue for a seri- layers of bureaucracy. gas prices continue to rise on every ous debate about gas prices. Scoring It was Nelson Rockefeller who came American family; and they are turning political points on this issue may make up with the great line of calling the us all feel good, but it serves no one, to us for much needed relief. deadening hand of bureaucracy on pro- particularly our constituents; and it Today’s bill does nothing to address posals and programs; and, indeed, we certainly doesn’t get us any closer to these pressing economic issues. In- see that and we feel it today as we are solving the problem. stead, we’re doing more busy work on having a harder time trying to be en- Here are the facts: domestic produc- the floor today, preparing to consider a ergy independent, and we are feeling tion of oil in the United States is at an bill that clarifies the responsibility for the results of the Federal Govern- 8-year high; imports of oil into the two government agencies. This type of ment’s program to stop energy produc- United States are at a 17-year low; bill does little to create the many tion on Federal lands and Federal prop- more oil rigs drill in the United States thousands of jobs needed to begin re- erty every time we fill up our cars and, today than in the rest of the world viving our economy. unfortunately, every time we pay our combined. Let me say that again: there I urge my colleagues to end the long electrical bills. are more oil rigs at work in the United delay and finally bring forth two Amer- Now, it is bureaucratic manipulation States today drilling for oil than in the ican job-creation legislations so that that is causing this problem and why rest of the world combined; the number American families can live with some this bill is here. Look, it was the en- of oil rigs in operation in the United hope. ergy debate and the energy bill of 2005 States today has quadrupled since b 1330 that told the Federal Government to President Obama took office. Last move forward in this area with making Madam Speaker, I ask unanimous year, the U.S. became a net exporter of sure that we had a master plan for consent to insert the text of the oil for the first time in 62 years. hydrological development of energy. amendment in the RECORD along with I think what these facts demonstrate Seven years later, now the Federal extraneous material immediately prior very clearly is that this is not a sup- Government and our Department of the to the vote on the previous question. ply-driven problem, nor—as good as it Interior is starting to move forward in The SPEAKER pro tempore. Is there might feel to some—is this a problem that direction, which is either the old that can be blamed on the administra- objection to the request of the gentle- cliche of paralysis by analysis or the tion for not doing enough to facilitate woman from New York? fact that Rockefeller was right when or encourage exploration for drilling. There was no objection. he called the bureaucracy a deadening This is not a demand-driven problem Ms. SLAUGHTER. I urge my col- hand on programs and progress. either. Demand is down 61⁄2 percent in leagues to vote ‘‘no’’ and defeat the One particular program, the Klamath just 1 year and 17 percent since 2008. previous question, and I urge a ‘‘no’’ River, took 5 years for government to There are several factors that con- vote on the rule, and I yield back the decide who actually had the authority tribute to rising gas prices, but U.S. balance of my time. to move forward on the project. That is supply and U.S. demand are not among Mr. BISHOP of Utah. Madam Speak- the kind of bureaucratic analysis, them. er, I yield myself such time as I may that’s the kind of red tape that is slow- The gas prices in my district of east- consume. ing back our efforts to develop this ern Long Island are up over 60 cents I am grateful that we have found new type of energy, and we need it des- per gallon in just a matter of weeks. sources of energy, specifically oil and perately. Rampant speculation accounts for natural gas, on private property be- That’s why H.R. 2842 is here, to de- most of that with over 60 percent of the cause it has not allowed the Federal velop small projects that will add to market controlled by speculators. The Government to stop the development of our total energy portfolio and add to speculators’ overriding goal is profit- those, and that is the growth that we our independence. It stops and sim- taking, which is what our legislation have seen in recent times. plifies a regulatory process which un- targets. There is nothing wrong with However, it is interesting to note fortunately costs these small efforts, profits. Profits are what made our Na- that the bill before us, which deals these small entities trying to make tion strong. But when profits are pur- with hydropower and development of these efforts tens of thousands of dol- sued at the expense of middle class more hydropower, is a bipartisan bill lars just to do the paperwork. It’s ri- families or at the expense of our fragile and for just cause. We can both agree, diculous. economic recovery, we need to take ac- on both sides of the aisle, that there is It clarifies the role of the Bureau of tion. a great need for more energy, and that Reclamation on this area. This only

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.040 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1177 deals with Bureau of Reclamation ment. So not only can we create more is a vote about what the House should be de- projects on manmade facilities, but the energy, we can do the right thing, we bating. jurisdictions are not clear. Some juris- can fix our infrastructure, but we actu- Mr. Clarence Cannon’s Precedents of the House of Representatives (VI, 308–311), de- dictions have been mandated by Con- ally make money that comes into the scribes the vote on the previous question on gress; some are administrative; some government to help with other issues. the rule as ‘‘a motion to direct or control the are questions on whether FERC has re- There is a reason this is a bipartisan consideration of the subject before the House sponsibility, the Bureau of Reclama- bill: because it’s the right thing to do. being made by the Member in charge.’’ To tion has responsibility. That is causing There is a reason why we should defeat the previous question is to give the our slowing in developing these move forward with this bill: because it opposition a chance to decide the subject be- projects. This bill clarifies what that taps a valuable resource that will go to fore the House. Cannon cites the Speaker’s role is. waste if we do not do it. ruling of January 13, 1920, to the effect that It also clarifies NEPA, that you don’t There is a reason that this bill is ‘‘the refusal of the House to sustain the de- mand for the previous question passes the have to do a second NEPA on these here: to speed up the regulatory red control of the resolution to the opposition’’ small jobs. Anything greater than 1.5 tape, to cut through the cost, to make in order to offer an amendment. On March megawatts of production, you do the things happen and help us move for- 15, 1909, a member of the majority party of- analysis again. But for small projects, ward as a Nation with better energy fered a rule resolution. The House defeated on man-made property where the land development and energy independence. the previous question and a member of the has already been disturbed and already There’s a whole bunch of good rea- opposition rose to a parliamentary inquiry, has had an analysis done and the miti- sons for this bill, and that’s why I sup- asking who was entitled to recognition. gation has already taken place, we port the bill, and I also support the Speaker Joseph G. Cannon (R–Illinois) said: ‘‘The previous question having been refused, move on and do the job. rule that will make it possible to give the gentleman from New York, Mr. Fitz- The Bureau of Reclamation does have a good and fair open balance to this de- gerald, who had asked the gentleman to a right of categorical exclusion, but bate. yield to him for an amendment, is entitled to they won’t do it. All they’re saying is, With that, this is a good bill and an the first recognition.’’ We may start thinking about it some incredibly fair rule. I urge the adop- Because the vote today may look bad for time in the future. tion. the Republican majority they will say ‘‘the Let me give you an example. There The material previously referred to vote on the previous question is simply a vote on whether to proceed to an immediate are three specific projects in the neigh- by Ms. SLAUGHTER is as follows: boring State of mine. One was man- vote on adopting the resolution.... [and] AN AMENDMENT TO H. RES. 570 OFFERED BY has no substantive legislative or policy im- dated by Congress in 1990. They are MS. SLAUGHTER OF NEW YORK plications whatsoever.’’ But that is not what still starting the process because of At the end of the resolution, add the fol- they have always said. Listen to the Repub- that administrative red tape. Two lowing new sections: lican Leadership Manual on the Legislative other projects took a full year for them SEC. 3. Immediately upon adoption of this Process in the United States House of Rep- to decide to actually start going resolution the Speaker shall, pursuant to resentatives, (6th edition, page 135). Here’s through a process, and when they did clause 2(b) of rule XVIII, declare the House how the Republicans describe the previous it, they realized there was no change; resolved into the Committee of the Whole question vote in their own manual: ‘‘Al- it had already been done before. All House on the state of the Union for consider- though it is generally not possible to amend ation of the bill (H.R. 964) to protect con- the rule because the majority Member con- you did is take a year to check off the sumers from price-gouging of gasoline and trolling the time will not yield for the pur- box and do the expense with it. We had other fuels, and for other purposes. The first pose of offering an amendment, the same re- somebody from Arizona come in and reading of the bill shall be dispensed with. sult may be achieved by voting down the pre- testify that the administrator review All points of order against consideration of vious question on the rule.... When the cost more than the actual construction the bill are waived. General debate shall be motion for the previous question is defeated, of the project. That’s silly. That is ri- confined to the bill and shall not exceed one control of the time passes to the Member diculous, hour equally divided and controlled by the who led the opposition to ordering the pre- H.R. 795 deals with this same issue on chair and ranking minority member of the vious question. That Member, because he Committee on Energy and Commerce. After then controls the time, may offer an amend- non-Federal land. This bills deals with general debate the bill shall be considered ment to the rule, or yield for the purpose of this same issue on existing Bureau of for amendment under the five-minute rule. amendment.’’ Reclamation projects. It’s a common- All points of order against provisions in the In Deschler’s Procedure in the U.S. House sense development to get an untapped bill are waived. At the conclusion of consid- of Representatives, the subchapter titled resource that we need to develop. It eration of the bill for amendment the Com- ‘‘Amending Special Rules’’ states: ‘‘a refusal would not significantly enlarge the en- mittee shall rise and report the bill to the to order the previous question on such a rule vironmental footprint because these House with such amendments as may have [a special rule reported from the Committee are already man-made entities who been adopted. The previous question shall be on Rules] opens the resolution to amend- considered as ordered on the bill and amend- ment and further debate.’’ (Chapter 21, sec- have already gone through the NEPA ments thereto to final passage without inter- tion 21.2) Section 21.3 continues: ‘‘Upon re- process once, and there is no rational vening motion except one motion to recom- jection of the motion for the previous ques- reason to reinvent the wheel and do it mit with or without instructions. If the tion on a resolution reported from the Com- a second time only to find out they Committee of the Whole rises and reports mittee on Rules, control shifts to the Mem- were right the first time. that it has come to no resolution on the bill, ber leading the opposition to the previous What would be the benefit from this then on the next legislative day the House question, who may offer a proper amendment bill? shall, immediately after the third daily or motion and who controls the time for de- First of all, new sources of clean en- order of business under clause 1 of rule XIV, bate thereon.’’ resolve into the Committee of the Whole for Clearly, the vote on the previous question ergy to add to our portfolio. on a rule does have substantive policy impli- Second, we can facilitate small further consideration of the bill. SEC. 4. Clause 1(c) of rule XIX shall not cations. It is one of the only available tools projects to help offset carbon-based ir- apply to the consideration of the bill speci- for those who oppose the Republican major- rigation pumping in the West. fied in section 3 of this resolution. ity’s agenda and allows those with alter- Third, it would help reduce the cost (The information contained herein was native views the opportunity to offer an al- of energy. It would produce a cash flow provided by the Republican Minority on mul- ternative plan. to irrigation districts so they could ac- tiple occasions throughout the 110th and Mr. BISHOP of Utah. I yield back the tually increase and pay for and im- 111th Congresses.) balance of my time, and I move the prove their aging infrastructure and previous question on the resolution. modernize these water facilities. THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The IT REALLY MEANS Fourth, it does create jobs, and for question is on ordering the previous once we have a bill that actually in- This vote, the vote on whether to order the question. creases revenue coming into the gov- previous question on a special rule, is not The question was taken; and the merely a procedural vote. A vote against or- ernment from this. CBO has estimated, dering the previous question is a vote Speaker pro tempore announced that the Congressional Budget Office, that against the Republican majority agenda and the ayes appeared to have it. this will generate $5 million in addi- a vote to allow the opposition, at least for Ms. SLAUGHTER. Madam Speaker, tional revenue coming into the govern- the moment, to offer an alternative plan. It on that I demand the yeas and nays.

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.041 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1178 CONGRESSIONAL RECORD — HOUSE March 6, 2012 The yeas and nays were ordered. Kildee Neal Schock So (two-thirds being in the affirma- Kind Neugebauer Schrader The SPEAKER pro tempore. Pursu- King (NY) Noem Scott (VA) tive) the rules were suspended and the ant to clause 8 of rule XX, further pro- Kinzinger (IL) Nunes Scott, Austin bill was passed. ceedings on this question will be post- Kissell Nunnelee Scott, David The result of the vote was announced poned. Kline Olson Sensenbrenner as above recorded. Landry Olver Serrano A motion to reconsider was laid on f Langevin Owens Sessions Lankford Palazzo Sewell the table. APPLYING COUNTERVAILING DUTY Larsen (WA) Pallone Sherman Stated for: Larson (CT) Pascrell Shimkus Mr. PERLMUTTER. Mr. Speaker, on rollcall PROVISIONS TO NONMARKET Latham Pastor (AZ) Shuler ECONOMY COUNTRIES LaTourette Paulsen Shuster No. 96, I was unavoidably detained and The SPEAKER pro tempore. Pursu- Latta Pelosi Simpson missed voting on H.R. 4105. Had I not been Lee (CA) Pence Sires detained, I would have voted ‘‘yea.’’ ant to clause 8 of rule XX, the unfin- Levin Peters Slaughter ished business is the vote on the mo- Lewis (CA) Peterson Smith (NE) Ms. SCHWARTZ. Mr. Speaker, on rollcall tion to suspend the rules and pass the Lewis (GA) Petri Smith (NJ) No. 96, had I been present, I would have Lipinski Pingree (ME) Smith (TX) voted ‘‘yea.’’ bill (H.R. 4105) to apply the counter- LoBiondo Pitts Smith (WA) vailing duty provisions of the Tariff Loebsack Platts Stark f Act of 1930 to nonmarket economy Lofgren, Zoe Poe (TX) Stivers MOURNING THE PASSING OF Long Polis Stutzman countries, and for other purposes, on Lowey Posey Sullivan CONGRESSMAN DONALD PAYNE which the yeas and nays were ordered. Lucas Price (GA) Sutton (Mr. SMITH of New Jersey asked and The Clerk read the title of the bill. Luetkemeyer Price (NC) Terry was given permission to address the The SPEAKER pro tempore. The Luja´ n Quigley Thompson (CA) Lummis Rahall Thompson (MS) House for 1 minute and to revise and question is on the motion offered by Lungren, Daniel Reed Thompson (PA) extend his remarks.) the gentleman from Michigan (Mr. E. Rehberg Thornberry Mr. SMITH of New Jersey. Mr. Lynch Reichert Tiberi CAMP) that the House suspend the rules Speaker, it is with deep sorrow that I and pass the bill. Maloney Renacci Tierney Manzullo Reyes Tipton inform the House that our dear friend The vote was taken by electronic de- Marchant Ribble Tonko and colleague, DON PAYNE, has passed. vice, and there were—yeas 370, nays 39, Marino Richardson Towns He had colon cancer. not voting 24, as follows: Markey Richmond Tsongas Matheson Rigell Turner (NY) In a few moments a privileged resolu- [Roll No. 96] Matsui Rivera Turner (OH) tion will be offered on the floor that YEAS—370 McCarthy (CA) Roby Upton recognizes and honors this extraor- McCarthy (NY) Roe (TN) Van Hollen Ackerman Chu Gallegly McCaul Rogers (AL) Vela´ zquez dinary man who dedicated his entire Adams Cicilline Garamendi McCollum Rogers (KY) Walberg life to public service, a man who made Aderholt Clarke (MI) Gerlach McDermott Rogers (MI) Walden a significant difference in the lives of Akin Clarke (NY) Gibbs McGovern Rohrabacher Walz (MN) Alexander Clay Gibson McHenry Rokita Wasserman many in his district, in our State, in Altmire Cleaver Gingrey (GA) McIntyre Rooney Schultz the Nation, and in the world. Amodei Clyburn Gonzalez McKeon Ros-Lehtinen Waters Elected in 1988, after first serving as Andrews Coble Goodlatte McKinley Roskam Watt a Newark city councilman and Essex Austria Coffman (CO) Gowdy McMorris Ross (AR) Waxman Baca Cohen Granger Rodgers Ross (FL) Webster County freeholder, this high school Bachus Cole Graves (MO) McNerney Rothman (NJ) Welch teacher and coach-turned-politician Baldwin Conaway Green, Al Meehan Roybal-Allard West went on to be the first African Amer- Barletta Connolly (VA) Green, Gene Meeks Royce Westmoreland Barrow Conyers Griffin (AR) Mica Runyan Whitfield ican ever to serve in Congress from the Bartlett Cooper Griffith (VA) Michaud Ruppersberger Wilson (FL) State of New Jersey. Barton (TX) Costa Grijalva Miller (MI) Rush Wilson (SC) DON fought tenaciously to combat Bass (CA) Costello Grimm Miller (NC) Ryan (OH) Wittman the HIV–AIDS pandemic and mitigate Bass (NH) Courtney Guinta Miller, Gary Ryan (WI) Wolf Becerra Cravaack Guthrie Miller, George Sa´ nchez, Linda Womack the loss of life and morbidity from TB Benishek Crawford Gutierrez Moran T. Woodall and malaria on the subcontinent of Af- Berg Crenshaw Hahn Murphy (CT) Sanchez, Loretta Woolsey rica. He coauthored the Sudan Peace Berkley Critz Hanabusa Murphy (PA) Sarbanes Yarmuth Berman Crowley Hanna Myrick Schakowsky Young (AK) Act and worked tirelessly to end the Biggert Cuellar Harper Nadler Schiff Young (FL) genocide in both South Sudan and Bilbray Culberson Hartzler Napolitano Schilling Young (IN) Darfur. As a matter of fact, he even Bilirakis Cummings Hastings (FL) Bishop (GA) Davis (CA) Hastings (WA) NAYS—39 risked his life in Somalia—was shot Black Davis (KY) Hayworth Amash Garrett Mulvaney at—in the pursuit of peace. Blackburn DeFazio Heck Bachmann Gosar Nugent I know firsthand, Mr. Speaker, how Blumenauer DeGette Heinrich Broun (GA) Graves (GA) Pearce much he truly cared and how hard he Bonamici DeLauro Herger Burgess Hall Pompeo worked for peace and reconciliation in Bonner Denham Herrera Beutler Canseco Harris Quayle Bono Mack Dent Higgins Chaffetz Hensarling Scalise war-ravaged nations. I served as the Boren DesJarlais Himes Duncan (SC) Huelskamp Schmidt ranking member of the Africa Sub- Boswell Deutch Hinchey Fincher Jordan Schweikert committee when he chaired it, and he Boustany Diaz-Balart Hirono Flake Kingston Scott (SC) Brady (PA) Dicks Hochul Fleming Lamborn Southerland served as the ranking member when I Brady (TX) Dingell Holden Flores Lance Stearns chaired it. Braley (IA) Dold Holt Franks (AZ) Mack Walsh (IL) Finally, let me just say that DON Brooks Donnelly (IN) Honda Gardner McClintock Yoder Brown (FL) Doyle Hoyer PAYNE also served as chairman of the Buchanan Dreier Huizenga (MI) NOT VOTING—24 Congressional Black Caucus, and until Bucshon Duffy Hultgren Bishop (NY) Gohmert Moore his untimely death today, chairman of Buerkle Duncan (TN) Hunter Bishop (UT) Hinojosa Paul the Congressional Black Caucus Foun- Burton (IN) Edwards Hurt Campbell Kaptur Payne Butterfield Ellison Inslee Cardoza King (IA) Perlmutter dation. He was predeceased by his wife, Calvert Ellmers Israel Davis (IL) Kucinich Rangel Hazel. DON is also the proud father of Camp Emerson Issa Doggett Labrador Schwartz three, grandfather of four, and great Cantor Engel Jackson (IL) Fattah McCotter Speier grandfather of one. Capito Eshoo Jackson Lee Fudge Miller (FL) Visclosky Capps Farenthold (TX) DONALD PAYNE, Mr. Speaker, will be Capuano Farr Jenkins b 1408 missed. Carnahan Filner Johnson (GA) Carney Fitzpatrick Johnson (IL) Mrs. BACHMANN, Messrs. STEARNS I yield to my good friend and col- Carson (IN) Fleischmann Johnson (OH) and KINGSTON changed their vote league, Mr. PALLONE. Carter Forbes Johnson, E. B. from ‘‘yea’’ to ‘‘nay.’’ Mr. PALLONE. I thank my friend. Cassidy Fortenberry Johnson, Sam Mr. DEUTCH, Mrs. EMERSON, and Mr. Speaker, I can’t believe that DON Castor (FL) Foxx Jones Chabot Frank (MA) Keating Mr. SARBANES changed their vote PAYNE is not with us today. I’m look- Chandler Frelinghuysen Kelly from ‘‘nay’’ to ‘‘yea.’’ ing over there where he would often

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.043 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1179 sit, and I would come down on the floor Resolved, That the Sergeant-at-Arms of the Huelskamp Meehan Runyan House be authorized and directed to take Huizenga (MI) Mica Ryan (WI) and ask him to do a 1 minute or a Spe- Hultgren Miller (MI) Scalise cial Order. such steps as may be necessary for carrying out the provisions of these resolutions and Hunter Miller, Gary Schilling Hurt Mulvaney Schmidt b 1410 that the necessary expenses in connection Issa Murphy (PA) Schock therewith be paid out of applicable accounts He was very proud of his African Jenkins Myrick Schweikert of the House. Johnson (IL) Neugebauer Scott (SC) American roots, and it was one of the Resolved, That the Clerk communicate Johnson (OH) Noem Scott, Austin reasons that he would often go to Afri- these resolutions to the Senate and transmit Johnson, Sam Nugent Sensenbrenner ca and champion so many causes for a copy thereof to the family of the deceased. Jones Nunes Sessions Resolved, That when the House adjourns Jordan Nunnelee Shimkus those in Africa. Kelly Olson Shuster DON cared so deeply about his home- today, it adjourn as a further mark of re- King (NY) Palazzo Simpson town of Newark and the other towns spect to the memory of the deceased. Kingston Paulsen Smith (NE) that he represented. He was always The resolution was agreed to. Kinzinger (IL) Pearce Smith (NJ) Kline Pence Smith (TX) looking out for those in need—the dis- A motion to reconsider was laid on Lamborn Petri Southerland advantaged and the poor. Those were the table. Lance Pitts Stearns the people that he cared about, and he Landry Platts Stivers f Lankford Poe (TX) Stutzman spent so much time trying to deal with Latham Pompeo Sullivan their problems and making their lives ANNOUNCEMENT BY THE SPEAKER Latta Posey Terry better. The SPEAKER. Under clause 5(d) of Lewis (CA) Price (GA) Thompson (PA) I think more than anything else I re- LoBiondo Quayle Thornberry rule XX, the Chair announces to the Long Reed Tiberi member DON’s smile. DON always felt House that, in light of the passing of Lucas Rehberg Tipton that things could get better and that the gentleman from the State of New Luetkemeyer Reichert Turner (NY) we could work together. I think a lot of Lummis Renacci Turner (OH) Jersey (Mr. PAYNE), the whole number Lungren, Daniel Ribble Upton people don’t know that his district was of the House is 433. E. Rigell Walberg very diverse. There were many African Mack Rivera Walden Americans, but there were many people f Manzullo Roby Walsh (IL) of other nationalities. We would often Marchant Roe (TN) Webster PROVIDING FOR CONSIDERATION Marino Rogers (AL) West talk about the Italian Americans that OF H.R. 2842, THE BUREAU OF Matheson Rogers (KY) Westmoreland he had lived with, grew up with, and RECLAMATION SMALL CONDUIT McCarthy (CA) Rogers (MI) Whitfield worked with in his district. McCaul Rohrabacher Wittman HYDROPOWER DEVELOPMENT McClintock Rokita Wolf ON D always felt that we could have a AND RURAL JOBS ACT OF 2011 McHenry Rooney Womack better world, that Democrats and Re- McKeon Ros-Lehtinen Woodall publicans could work together and that The SPEAKER. The unfinished busi- McKinley Ross (AR) Yoder people could work across ethnic and ra- ness is the vote on ordering the pre- McMorris Ross (FL) Young (FL) Rodgers Royce Young (IN) cial barriers. And he always made me vious question on the resolution (H. feel, no matter how down I was on a Res. 570) providing for consideration of NAYS—177 the bill (H.R. 2842) to authorize all Bu- particular day, that this place was im- Ackerman Edwards McCarthy (NY) portant and that we can make a dif- reau of Reclamation conduit facilities Altmire Ellison McCollum ference in people’s lives. So I will sore- for hydropower development under Andrews Engel McDermott ly miss him. Federal reclamation law, and for other Baca Eshoo McGovern purposes, on which the yeas and nays Baldwin Farr McIntyre I would ask that this afternoon, at Barrow Fattah McNerney the end of the day, at approximately 4 were ordered. Bass (CA) Filner Meeks o’clock, we have unlimited 1 minutes, The Clerk read the title of the resolu- Becerra Frank (MA) Michaud tion. Berkley Garamendi Miller (NC) and we’re going to have a bipartisan Berman Gonzalez Miller, George hour Special Order where Members can The SPEAKER. The question is on Bishop (GA) Green, Al Moran come down and pay tribute. ordering the previous question. Bishop (NY) Green, Gene Murphy (CT) The vote was taken by electronic de- Blumenauer Grijalva Nadler MOMENT OF SILENCE vice, and there were—yeas 232, nays Bonamici Gutierrez Napolitano Mr. SMITH of New Jersey. Mr. Boswell Hahn Neal 177, not voting 24, as follows: Speaker, I do ask for a moment of si- Brady (PA) Hanabusa Olver [Roll No. 97] Braley (IA) Hastings (FL) Owens lence to remember our dearly departed Brown (FL) Heinrich Pallone friend, DON PAYNE. YEAS—232 Butterfield Higgins Pascrell The SPEAKER. Members and guests Adams Camp Flores Capps Himes Pastor (AZ) will rise and observe a moment of si- Aderholt Canseco Forbes Capuano Hinchey Pelosi Akin Cantor Fortenberry Carnahan Hirono Perlmutter lence. Alexander Capito Foxx Carney Hochul Peters f Amash Carter Franks (AZ) Carson (IN) Holden Peterson Amodei Cassidy Frelinghuysen Castor (FL) Holt Pingree (ME) EXPRESSING THE CONDOLENCES Austria Chabot Gallegly Chu Honda Polis Bachmann Chaffetz Gardner Cicilline Hoyer Price (NC) OF THE HOUSE OF REPRESENTA- Bachus Chandler Garrett Clarke (MI) Inslee Quigley TIVES ON THE DEATH OF THE Barletta Coffman (CO) Gerlach Clarke (NY) Israel Rahall HON. DONALD M. PAYNE, A REP- Bartlett Cole Gibbs Clay Jackson (IL) Reyes Barton (TX) Conaway Gingrey (GA) Cleaver Jackson Lee Richardson RESENTATIVE OF THE STATE OF Bass (NH) Cravaack Goodlatte Clyburn (TX) Richmond NEW JERSEY Benishek Crawford Gosar Cohen Johnson (GA) Rothman (NJ) Berg Crenshaw Gowdy Connolly (VA) Johnson, E. B. Roybal-Allard Mr. SMITH of New Jersey. Mr. Biggert Culberson Granger Conyers Keating Ruppersberger Speaker, I offer a privileged resolution Bilbray Davis (KY) Graves (GA) Cooper Kildee Rush and ask for its immediate consider- Bilirakis Denham Graves (MO) Costa Kind Ryan (OH) ation. Bishop (UT) Dent Griffin (AR) Costello Kissell Sa´ nchez, Linda Black DesJarlais Griffith (VA) Courtney Langevin T. The Clerk read the resolution, as fol- Blackburn Diaz-Balart Grimm Critz Larsen (WA) Sanchez, Loretta lows: Bonner Dold Guinta Crowley Larson (CT) Sarbanes Bono Mack Dreier Guthrie Cuellar Lee (CA) Schakowsky H. RES. 571 Boren Duffy Hall Cummings Levin Schiff Resolved, That the House has heard with Boustany Duncan (SC) Hanna Davis (CA) Lewis (GA) Schrader profound sorrow of the death of the Honor- Brady (TX) Duncan (TN) Harper Davis (IL) Lipinski Schwartz able Donald M. Payne, a Representative from Brooks Ellmers Harris DeFazio Loebsack Scott (VA) the State of New Jersey. Broun (GA) Emerson Hartzler DeGette Lofgren, Zoe Scott, David Resolved, That a committee of such Mem- Buchanan Farenthold Hastings (WA) DeLauro Lowey Serrano Bucshon Fincher Hayworth Deutch Luja´ n Sewell bers of the House as the Speaker may des- Buerkle Fitzpatrick Heck Dicks Lynch Sherman ignate, together with such Members of the Burgess Flake Hensarling Dingell Maloney Shuler Senate as may be joined, be appointed to at- Burton (IN) Fleischmann Herger Donnelly (IN) Markey Sires tend the funeral. Calvert Fleming Herrera Beutler Doyle Matsui Slaughter

VerDate Mar 15 2010 03:19 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.076 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1180 CONGRESSIONAL RECORD — HOUSE March 6, 2012 Smith (WA) Towns Waters all Members may have 5 legislative expand access to our oil and natural Stark Tsongas Watt Sutton Van Hollen Waxman days in which to revise and extend gas resources offshore and in ANWR. Thompson (CA) Vela´ zquez Welch their remarks and include extraneous Today we’re putting forth a plan to ex- Thompson (MS) Walz (MN) Wilson (FL) material on the bill, H.R. 2842. pand production of clean, renewable Tierney Wasserman Woolsey The SPEAKER pro tempore. Is there hydropower. Tonko Schultz Yarmuth objection to the request of the gen- As families and small businesses NOT VOTING—24 tleman from Washington? across the country are worried about Campbell Kaptur Paul There was no objection. rising gasoline prices, they are also Cardoza King (IA) Payne The SPEAKER pro tempore. Pursu- worried about escalating electricity Coble Kucinich Rangel Doggett Labrador Roskam ant to House Resolution 570 and rule costs. Rising energy prices are a drain Fudge LaTourette Speier XVIII, the Chair declares the House in on our economy, pure and simple. It in- Gibson McCotter Visclosky the Committee of the Whole House on creases business costs and makes ev- Gohmert Miller (FL) Wilson (SC) the state of the Union for the consider- Hinojosa Moore Young (AK) erything we do more expensive. ation of the bill, H.R. 2842. Hydropower is one of the cleanest ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1434 and cheapest forms of electricity. In The SPEAKER pro tempore (Mr. my view, coming from the Pacific CHAFFETZ) (during the vote). There are IN THE COMMITTEE OF THE WHOLE Northwest, where nearly 70 percent of 2 minutes remaining. Accordingly, the House resolved our power comes from hydropower, hy- itself into the Committee of the Whole b 1434 dropower is the poster child for clean, House on the state of the Union for the renewable energy. Unfortunately, as is So the previous question was ordered. consideration of the bill (H.R. 2842) to too often the case, the Federal Govern- The result of the vote was announced authorize all Bureau of Reclamation ment is one of the biggest obstacles to as above recorded. conduit facilities for hydropower devel- increasing the development of hydro- PERSONAL EXPLANATION opment under Federal reclamation law, power projects, especially small Mr. VISCLOSKY. Mr. Speaker, on March 6, and for other purposes, with Mr. projects. 2012, I was absent from the House and CHAFFETZ in the chair. This bill would remove government missed rollcall votes 96 and 97. The Clerk read the title of the bill. roadblocks and streamline the duplica- Had I been present for rollcall 96, on a mo- The CHAIR. Pursuant to the rule, the tive regulatory process for developing tion to suspend the rules and pass H.R. 4105, bill is considered read the first time. small canal and pipeline hydropower to apply the countervailing duty provisions of The gentleman from Washington (Mr. projects on existing Bureau of Rec- the Tariff Act of 1930 to nonmarket economy HASTINGS) and the gentlewoman from lamation facilities. This commonsense countries, I would have voted ‘‘yea.’’ California (Mrs. NAPOLITANO) each will plan would help generate thousands of Had I been present for rollcall 97, on order- control 30 minutes. megawatts of clean, cheap, abundant ing the previous question of H. Res. 570, pro- The Chair recognizes the gentleman and reliable hydroelectricity. Further- viding for consideration of the bill H.R. 2842, from Washington. more, it allows for hydropower genera- to authorize all Bureau of Reclamation conduit Mr. HASTINGS of Washington. Mr. tion without a single new dam, and at facilities for hydropower development under Chairman, I yield myself as much time no cost to the Federal Government. Federal Reclamation law, and for other pur- as I may consume. Now, let there be no mistake. I am a poses, I would have voted ‘‘nay.’’ Mr. Chairman, I rise in strong sup- proponent of new dams. But this bill port of H.R. 2842, the Bureau of Rec- PERSONAL EXPLANATION rightly harnesses hydropower potential lamation Small Conduit Hydropower at existing facilities. Water users Mr. MILLER of Florida. Mr. Speaker, due to Development and Rural Jobs Act of a family emergency, I missed the following throughout the West will be empow- 2011. It authorizes hydropower at exist- ered to develop hydropower at the Fed- rollcall votes: No. 96 and No. 97 on March 6, ing Bureau of Reclamation facilities 2012. eral canals they operate and maintain. and, by doing so, it allows placement of It’s once again important to note If present, I would have voted: rollcall vote hydropower generators on existing No. 96—H.R. 4105—To apply the counter- that this bill only allows for small hy- man-made canals and pipes that have dropower projects on existing canals vailing duty provisions of the Tariff Act of 1930 already gone through extensive envi- to nonmarket economy countries, and for and pipelines. Such manmade facilities ronmental review. are already on what I would call dis- other purposes, ‘‘nay’’; rollcall vote No. 97— This is a bipartisan plan to create Previous Question, Providing for consideration turbed ground and have already gone new American jobs, cut government through extensive environmental re- of H.R. 2842, the Bureau of Reclamation red tape, and expand production of Small Conduit Hydropower Development and views. clean, renewable and low-cost hydro- Furthermore, this bill is a revenue Rural Jobs Act, ‘‘yea.’’ power. The SPEAKER pro tempore. The generator for the Federal Government. This past weekend President Obama question is on the resolution. The nonpartisan Congressional Budget once again tried to claim support for The resolution was agreed to. Office, or CBO, estimates that it will an all-of-the-above energy production, A motion to reconsider was laid on generate $5 million over the next 10 but unlike President Obama’s empty the table. years through increased hydropower rhetoric, House Republicans are taking production and rental fees associated f real action to prove our commitment with it. REMOVAL OF NAME OF MEMBER to expanding all forms of American en- H.R. 2842 affirms Republicans’ com- AS COSPONSOR OF H.R. 3610 AND ergy. mitment to a true, all-of-the-above en- H.R. 3611 Americans have now experienced 27 ergy plan. It will create jobs in rural consecutive days of rising gas prices, areas, lower energy prices, and expand Mr. CLAY. Mr. Speaker, I ask unani- and now the national average is push- production of clean, renewable Amer- mous consent to remove my name as a ing closer to $4 a gallon. In order to ad- ican energy by simply getting the Fed- cosponsor of H.R. 3610 and H.R. 3611. dress the skyrocketing prices, Repub- eral Government out of the way. The SPEAKER pro tempore (Mr. licans will continue to pursue an all-of- This bill received bipartisan support MCHENRY). Is there objection to the re- the-above approach that responsibly in the Natural Resources Committee quest of the gentleman from Missouri? develops the natural resources that we and is endorsed by the Family Farm There was no objection. have right here at home. Alliance, the National Water Resources f The facts are, Mr. Chairman, we have Association, the American Public followed through on this commitment BUREAU OF RECLAMATION SMALL Power Association, and the Association by passing through the House bipar- of California Water Agencies. CONDUIT HYDROPOWER DEVEL- tisan reforms to break down govern- OPMENT ACT OF 2011 ment barriers to American energy pro- b 1440 Mr. HASTINGS of Washington. Mr. duction. Just weeks ago, the House I want to commend the bill’s spon- Speaker, I ask unanimous consent that passed a bipartisan jobs plan to vastly sors, Mr. TIPTON of Colorado and Mr.

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.011 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1181 GOSAR of Arizona, for their work on NEPA compliance for other sites, in GRAND CANYON TRUST, this. fact, has not been the bureaucratic NATURAL RESOURCES I urge my colleagues to support the chaos some would make it out to be. DEFENSE COUNCIL, bill, and I reserve the balance of my There are three projects in the home THE WILDERNESS SOCIETY. time. State of Colorado for my colleague, the NATIONAL HYDROPOWER Mrs. NAPOLITANO. Mr. Chair, I sponsor of this bill. In Jordanelle, ASSOCIATION, yield myself 5 minutes. Utah, compliance took 15 months from Washington, DC, March 5, 2012. I do rise in support of the general start to finish to receive final permit Hon. SCOTT TIPTON: premise—I repeat—the general premise in 2004. At Lake Carter, Colorado, it U.S. House of Representatives, of this legislation, but oppose the legis- took 6 months to finish NEPA in 2010. Washington, DC. lation as amended. I would like to men- At Ridgway, Colorado, an LOPP was DEAR REPRESENTATIVE TIPTON: The Na- tion that only 3 out of 15 Democrats tional Hydropower Association writes to ex- just issued last month after completing press our appreciation for your work to sup- support it. So while it is bipartisan, it a 15-month NEPA process. On the is minor bipartisanship on this par- port development of the nation’s conduit South Canal Drop 3 site in Colorado, a power potential with your bipartisan bill, ticular issue. finding of ‘‘no significant impact’’ was H.R. 2842, the Bureau of Reclamation Small H.R. 2842 does seek to generate addi- just issued last month after a 15-month Conduit Hydropower Development and Rural tional hydropower at the existing Bu- NEPA process. Jobs Act of 2011. reau of Reclamation facilities—that is, NHA believes there is tremendous un- Developers and irrigators need clar- Federal properties—through developing tapped, renewable hydropower potential in ity and certainty so their project can new process of conduit and in-canal hy- existing man-made structures such as irriga- be developed. Waiving NEPA will not dropower, which we should be devel- tion canals and other water conveyances, provide clarity and certainty. The particularly on the federal system. As such, oping at a greater speed and length. stopgap for development is not NEPA; the Association supports policies encour- We cannot support this bill as aging these low-impact developments, while amended, even though the original bill it’s a lack of a Reclamation process. There must be a clear process in place also ensuring appropriate project reviews. did also state it and an attempt was NHA supports H.R. 2842, while also recom- tried to be able to take this waiver lan- for the development of hydropower at mending a minor amendment to Section 2 of guage out on page 4, lines 12 to 15. We Reclamation facilities. the bill to align the Bureau’s treatment of were unsuccessful, and we cannot sup- I urge Reclamation to finalize the di- these projects to that which they currently port it because it does have a NEPA rectives and standards as soon as pos- receive, and have received since the 1980s, at sible, and it’s my understanding the the Federal Energy Regulatory Commission. waiver, language that we cannot sup- Specifically, NHA believes a provision that port. draft is already out to developers and irrigators for their view, and the final would require the Bureau to institute a We are in support of the general in- NEPA categorical exclusion for small con- tent. H.R. 2842, the Federal conduits, directives and standards will be com- duit projects provides appropriate oversight continue to fall under Reclamation pleted by the end of this year. of these facilities, as longstanding practice Lease of Power Privilege process, It is unfortunate that this legislation and experience at FERC has shown. LOPP. It requires offering a preference contains this controversial waiver. As always, NHA stands ready to engage to irrigation districts or water users Without the NEPA exemption, this leg- and work with policymakers and all stake- holders on hydropower legislation and poli- associations with an existing contract, islation would have been on suspen- sion, and I do oppose the legislation cies. And again, we commend you for your those that already have a contract, work on this issue. which we support. and ask my colleagues to join me in op- Sincerely, It safeguards current project users by position to this very sad portion of LINDA CHURCH CIOCCI, recognizing the project’s primary au- waiver of NEPA. Executive Director. thorized purposes and that no financial MARCH 6, 2012. and/or operational costs will be in- DEAR REPRESENTATIVE: The undersigned AMERICAN RIVERS, curred by the existing water and power organizations, on behalf of our millions of March 6, 2012. members and supporters are writing to ex- DEAR REPRESENTATIVE: On behalf of Amer- users. ican Rivers’ thousands of members nation- The Federal Power Marketing Ad- press our opposition to the provision in Sec- tion 2 of H.R. 2842 that waives the National wide, I am writing to express our opposition ministrations are also—and I repeat— to the provision in Section 2 of H.R. 2842 that are not obligated to purchase or mar- Environmental Policy Act (NEPA) with re- spect to small conduit hydropower projects waives the National Environmental Policy ket the power produced. at Bureau of Reclamation facilities. Act (NEPA) with respect to small conduit The legislation does go a step too far While we support the legislation’s intent hydropower projects at Bureau of Reclama- and includes an unnecessary and un- to encourage the responsible development of tion facilities. wise blanket exemption from a critical renewable energy projects, waiving NEPA re- American Rivers supports the responsible development of conduit hydropower projects environmental law. views for Bureau of Reclamation projects is at Bureau facilities. We believe that there is If my colleagues on the other side unnecessary and unacceptable. The National significant untapped potential at these fa- Environmental Policy Act is not a roadblock had simply followed the advice of the cilities for new hydropower generation. We to the successful approval of conduit hydro- National Hydropower Association and believe that the Bureau of Reclamation power projects at Bureau facilities. We be- the conservation group American Riv- should improve its process for small conduit lieve that this backward step will not accel- hydropower permitting, modeling its process ers, we would have a noncontroversial erate hydropower development. Rather, our on that used by the Federal Energy Regu- bill which would have passed unani- experience has shown us that attempts to latory Commission (FERC). We believe that mously out of the House. We also re- shortcut or sidestep environmental review the Bureau should, like FERC, consider a ceived a letter from six environmental typically result in delayed projects. categorical exclusion for these types of Successfully advancing the development of groups in opposition that I would like projects in order to facilitate their construc- new energy resources, like conduit hydro- to include in the RECORD. tion. Proponents for exempting the Na- power, requires us to do better than we have Unfortunately, H.R. 2842 creates a blanket tional Environmental Policy Act, done with other forms of energy and other waiver of NEPA for small conduit hydro- NEPA, will argue that government reg- Bureau of Reclamation projects. While we do power projects at Bureau facilities. We hope not oppose the development of conduit hy- ulatory red tape is preventing the de- that in the course of House consideration of dropower, it must be done responsibly and the bill, the NEPA waiver language can be velopment of more hydropower. Rec- under all of the appropriate reviews nec- lamation already has the authority to amended. Pending that, American Rivers re- essary to make sure that such development luctantly opposes H.R. 2842 in its current comply with NEPA through categorical is consistent with the public interest; a guar- form. exemptions, and the system is working. antee that NEPA provides. Sincerely, Therefore we respectfully request that you Categorical exclusions have been JIM BRADLEY, oppose H.R. 2842 unless the language requir- issued for hydropower sites under the Senior Director of Government Relations, ing a NEPA waiver is struck from the bill. reclamation’s LOPP process at three American Rivers. Sincerely, specific sites in Colorado: the Lemon, AMERICAN RIVERS, Mr. Chair, I reserve the balance of which was in 1989; the Grand Valley CENTER FOR BIOLOGICAL my time. Power Plant in 2011; and Jackson Gulch DIVERSITY, Mr. HASTINGS of Washington. Mr. in 1995. DEFENDERS OF WILDLIFE, Chairman, I am very pleased to yield 4

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.049 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1182 CONGRESSIONAL RECORD — HOUSE March 6, 2012 minutes to the gentleman from Colo- timely investment decisions without the Mr. Chairman, I rise in opposition to rado (Mr. TIPTON), the sponsor of this prospect of environmental reviews of unde- this legislation. very important legislation. termined length and expense. Additionally, After 427 days in the majority and Mr. TIPTON. I thank the gentleman Western water districts share the Nation’s having no energy or jobs strategy to desire to make investments that can put show for it, House Republicans are now from Washington for yielding. people to work immediately. Environmental Mr. Chairman, Members of the House reviews of small hydro on existing conduits offering H.R. 2842, the Bureau of Rec- on both sides of the aisle talk of the represent an unnecessary and often chilling lamation Small Conduit Hydropower need for an all-of-the-above energy so- uncertainty for an economically marginal Development and Rural Jobs Act. lution for this country, a solution that investment. We need legislation that gets hydro gives serious consideration to all re- This legislation, which applies to all projects moving and that gets hard sources, including renewable and alter- projects on Reclamation conduits with- hats down in the ditches again. In- native energy. out exception, seeks to address this stead, Republicans are offering more It’s easy to talk about this need, but concern and fix an unwieldy environ- legislation that is certain to be ditched today I offer a bill that turns that talk mental review process that requires by the Senate. We should encourage into action. My bill, the Bureau of Rec- small developers to jump through un- the development of small hydropower lamation Small Conduit Hydropower necessary and duplicative bureaucratic projects at existing facilities. In fact, if Development and Rural Jobs Act of hoops in order to complete a project on the legislation simply gave the Bureau 2012, is a key piece of the all-of-the- existing conduits that has already un- of Reclamation exclusive jurisdiction above strategy energy that our country dergone the proper environmental re- to develop hydropower at Federal rec- needs in order to strengthen reliable, views. By doing this, the Bureau of lamation facilities, I would support it. domestic energy production; expand Reclamation Small Conduit Hydro- If it mandated that the Bureau of Rec- development of responsible, renewable power Development and Rural Jobs Act lamation institute categorical exclu- energy; generate economic growth; and of 2012 will jump-start small hydro- sions for their small hydro projects, I get Americans working once more. power development through which would support it. Hydropower is the cheapest and But Republicans, they just couldn’t power generated will be sent directly cleanest source of electricity. This is help themselves. It doesn’t matter the to the grid and also create revenues created through modern technology. nature of the problem. For Repub- that will help pay for aging infrastruc- It’s the highest source of non-carbon licans, the problem is always just na- emitting energy in the world, account- ture in our communities. The SPEAKER pro tempore. The ture, so they went and gutted environ- ing for approximately 69.9 percent of mental review altogether in this bill. time of the gentleman has expired. the United States’ total renewable Mr. HASTINGS of Washington. I That’s what happens when your entire electricity generation, making it the yield the gentleman an additional 1 economic platform is deregulation and lead renewable energy resource power, minute. gutting safety and environmental pro- according to the Hydropower Associa- tections. You start waiving environ- tion. b 1450 mental review even when the industry In Colorado, nearly 30.7 percent of Mr. TIPTON. From the beginning, you’re trying to help isn’t asking for our renewable energy is hydropower, this Congress has made responsible en- it. If the Republicans had simply fol- but only 3.1 percent of all Colorado is ergy development a legislative priority lowed the advice of the hydro industry, hydropower. We have a significant op- with the goal of putting forward a com- we would have a noncontroversial bill portunity in Colorado to expand on prehensive solution that expands the that I could support and recommend to this clean, renewable source of power development of alternative and renew- all of the Democratic Members that we while creating badly needed jobs for able energy technologies while con- pass 435 to nothing out here on the the Third District of Colorado in the tinuing the development of traditional House floor this afternoon. Instead, it’s process. In Colorado alone, there’s energy resources. ideology over hydrology. That’s what enough existing capacity to generate We have an opportunity to join to- the Republicans bring to the floor as much power as the Glen Canyon gether in this body and pass a common- today. Dam. However, as it stands, no major sense solution to advance the common If Republicans are serious about ad- hydroelectric facilities have been built goal of developing clean and renewable vancing the hydro industry, here is in many years. Existing facilities are alternative energy and to put into what they can do: extend the produc- being drained by endless litigation and place a key component of an all-of-the- tion tax credit, support clean renew- regulatory obstacles that stifle produc- above energy plan. able energy bonds, support domestic tion and lead to an increase in elec- I ask my colleagues to take this into clean energy manufacturing tax cred- tricity prices and shortages in many consideration and to remember the its, and extend the section 1603 renew- regions of the country. words that are inscribed in this very able energy grant program. By streamlining the regulatory proc- Chamber from Daniel Webster, saying: Here is what those successful Recov- ess and reducing administrative costs Let us develop the resources of our land, ery Act programs have already done: for small hydropower development at call forth its powers, build up its institu- Three companies have received $67 Reclamation’s facilities, this common- tions, promote all its great interests, and see million in tax credits to build hydro- sense legislation will encourage the whether we also in our day and generation related manufacturing facilities in the production of clean, renewable hydro- may not perform something worthy to be re- United States. Eight companies have power and provide much needed oppor- membered. received $2 million in grants to support tunities for the creation of new jobs in Hydropower development follows in hydro deployment under the 1603 re- Colorado for some of our Nation’s hard- the legacy of the responsible develop- newable energy grant program. Clean est hit rural areas. ment of our precious natural resources renewable energy bonds have supported This commonsense bill garnered bi- with the steadfast protection of our en- $531 million in public power hydro partisan support in the House Natural vironment. So I ask my colleagues for projects across the country. Resources Committee and has been en- their support of the Bureau of Rec- But Republicans aren’t interested in dorsed by the Family Farm Alliance, lamation Small Conduit Hydropower doing something constructive for hydro the National Water Resources Associa- Development and Rural Jobs Act of or for any other clean energy tech- tion, the Association of California 2011. nology. With their oil-above-all strat- Water Agencies, and the American Mrs. NAPOLITANO. I couldn’t agree egy, Republicans want to continue sub- Public Power Association. with him more. My only objection is sidizing the oil and gas industry $4 bil- Chris Treese of the Family Farm Al- the small portion of the NEPA waiver. lion annually—$40 billion over 10 liance and a constituent of mine in the Mr. Chairman, I yield such time as he years—but shut down all of the clean Third Congressional District put it may consume to my colleague, the gen- energy programs that I just outlined. best when talking about the need for tleman from Massachusetts, Ranking They’re going directly after any and all the bill: Member MARKEY. threats to Big Oil and Big Coal, and The margins on small hydro are very Mr. MARKEY. I thank the gentlelady they’re targeting clean energy jobs for small. Districts need to be able to make very much. elimination.

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.050 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1183 Republicans on our committee have In fact, our committee took testi- It is truly mystifying that a nation reported out a bill that would repeal mony that, in Colorado alone, the hy- plagued by prolonged economic stagna- the borrowing authority that the West- droelectric facilities’ small generators tion, chronic unemployment, and in- ern Area Power Administration cur- that would be encouraged by this bill creasingly scarce and expensive elec- rently has to help finance transmission could produce as much power as is cur- tricity would adopt a willful and delib- serving renewable energy projects. Be- rently produced by the entire Glen erate policy obstructing the construc- tween one project in Montana that is Canyon Dam. Now, multiply that tion of these inexpensive and innoc- already under construction and three throughout the United States, and you uous generators in already-existing fa- others that are deep into development, begin to realize what a huge impact cilities. there are 11,500 jobs at stake, but the this could have on new, clean, afford- Mr. Chairman, there are fewer Amer- Republicans don’t care about those able energy for America. icans working today than on the day 11,500 jobs. Those hydroelectric generators are that Barack Obama took office more Then there is the wind industry. Ten not going into these pipelines right than 3 long years ago. During that pe- thousand American workers have al- now for one simple and utterly absurd riod, he has taken well over a trillion ready been cut in the wind industry be- reason: government regulations make dollars from the earnings of hard- cause the production tax credit is ex- it economically impossible to do so. working American families to funnel piring at the end of the year and orders Our subcommittee took testimony to well-connected companies, claiming are drying up; 27,000 more wind work- from farmers in water districts who to create jobs. In the case of Solyndra, ers will lose their jobs if Republicans were trying to install these generators; it penciled out to $450,000 per job, jobs get their way and raise taxes on the but instead of doing everything it can that disappeared as soon as the govern- wind industry beginning on December to assist them, this administration ment money ran out. 31 of this year. smothers them with endless regulatory The CHAIR. The time of the gen- A clean energy wave is upon us. delays, demands for wildly expensive tleman has expired. America needs a vibrant domestic environmental studies and exorbitant Mr. HASTINGS of Washington. I hydro industry, along with a healthy permitting fees. yield the gentleman an additional 1 wind, solar, geothermal, and biomass According to testimony before the minute. industry, if we are to capture its bene- committee that the gentleman from Mr. MCCLINTOCK. I thank the gen- fits. Otherwise this wave will crash Colorado cited, the net effect of these tleman. down upon us and, instead, carry the environmental regulations can more Yet here, with this measure, at no Chinese and the Indian and German than double the cost of these projects, cost to these hardworking families, at economies to prosperity. simply pricing them out of reach. In no cost to the environment, simply by Let us vote down this bad bill before one case, a witness told us that a getting absurdly and utterly duplica- us and move on to the real policies $20,000 small generator project would tive government regulations out of the that will help America’s hydro sector. way, we could add tens of thousands of Mr. HASTINGS of Washington. Mr. have required $50,000 in permitting megawatts of clean and cheap elec- Chairman, I am pleased to yield 5 min- costs, and so it doesn’t move forward. tricity to our domestic energy supply, utes to the chairman of the sub- Congressman TIPTON’s bill, instead, produce permanent jobs, reduce our re- committee that dealt with this legisla- welcomes these small hydroelectric tion, the gentleman from California generators by authorizing their place- liance on fossil fuels, and lower the utility bills of American families. (Mr. MCCLINTOCK). ment in existing Bureau of Reclama- Our Nation desperately needs clean, Mr. MCCLINTOCK. I thank the gen- tion conduits. It invites existing opera- tleman for yielding. tors and users to invest in these gen- affordable, and abundant electricity; I would say to the gentleman from erators at no public cost. It establishes and it desperately needs permanent Massachusetts that nothing in this an office within the Bureau of Rec- jobs. To get them, it most of all needs measure has anything at all to do with lamation with the responsibility to as- common sense restored to its govern- oil production. Quite the contrary, this sist projects, and it exempts them from ment. The progress the American peo- bill reduces our reliance on fossil fuels paying for another costly, time-con- ple have made in doing that, as well as by bringing hundreds of thousands of suming, and pointless NEPA study the unfinished business remaining be- megawatts of new, clean hydroelectri- when there is no conceivable environ- fore them, will be very precisely meas- city to the grid. mental impact involved. These facili- ured by the roll call on this bill. I don’t understand the objection to ties already underwent the environ- Mrs. NAPOLITANO. Mr. Chairman, this bill. This measure by Mr. TIPTON mental process when they were built, how much time remains on both sides? does everything the environmental left when they were upgraded, or when The CHAIR. The gentlewoman from says that it likes: At precisely no cost their repayment contracts were re- California has 201⁄2 minutes remaining, to taxpayers, it produces absolutely newed. It is simply a waste of time and and the gentleman from Washington clean and renewable electricity in vast money to put them through yet an- has 14 minutes remaining. quantities, on projects that have al- other review before these small genera- Mrs. NAPOLITANO. I reserve the ready undergone environmental review, tors can be installed. balance of my time. simply by installing small generators I mean, think about the implications Mr. HASTINGS of Washington. Mr. in existing pipelines and canals where just to farming alone. Some irrigation Chairman, I yield 5 minutes to a co- there are no fish or no flora or no fowl districts are forced to use diesel gen- sponsor of this legislation and a very of any kind. erators to pump water to the fields. valuable member of the Natural Re- This is the alpha and omega of Mr. Put hydroelectric generators in exist- sources Committee, the gentleman TIPTON’s bill. Authorize these simple ing canals and pipelines, and they be- from Arizona (Mr. GOSAR). projects on existing Bureau of Rec- come virtually self-sustaining while re- Mr. GOSAR. Mr. Chairman, I rise in lamation facilities. That’s it. ducing their reliance on other sources support of the bill Congressman TIPTON There are untold thousands of miles of electricity that produce air emis- and I have worked closely on, H.R. 2842, of pipelines and canals and aqueducts sions. the Bureau of Reclamation Small Con- attached to these facilities that convey duit Hydropower Development and water by simple gravity. There is water b 1500 Rural Jobs Act of 2011. in these existing facilities that is ut- In addition, sales of canal-based elec- Arizona has been hit hard by the re- terly devoid of any life whatsoever, and tricity could generate local revenue for cent recession. The rural counties that there is no conceivable environmental irrigators, which would help upgrade I represent are faced with unemploy- impact whatsoever. These existing existing facilities and infrastructure, ment rates that far exceed the national pipelines, if equipped with simple hy- create jobs and relieve exhausted Fed- average. This bill could provide a little droelectric generators, could generate eral taxpayers of these costs. The con- of the much-needed relief for these electricity that would take several struction of these generators would communities. major multibillion-dollar hydroelectric mean new high-paying jobs for Ameri- The Bureau of Reclamation Small dams across the West to produce. cans. Conduit Hydropower Development and

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.051 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1184 CONGRESSIONAL RECORD — HOUSE March 6, 2012 Rural Jobs Act of 2011 is commonsense the highest source of noncarbon-emit- this bill and then this bill could be legislation that will create jobs in ting energy in the world. It accounts passed unanimously and go on to ap- rural Arizona, increase our country’s for approximately 70 percent of the proval in our other body. renewable energy portfolio, and gen- United States’ total renewable elec- I reserve the balance of my time. erate revenues for the Federal Treas- tricity generation, and we are not even b 1510 ury by cutting duplicative, bureau- tapping the potential. Investing in hy- Mr. HASTINGS of Washington. Mr. cratic redtape. dropower infrastructure will strength- Specifically, it would allow Arizo- en our economy and help move us to- Chairman, I yield myself such time as I may consume. nans that operate existing irrigation wards energy independence. Mr. Chairman, I just want to point canals and ditch systems, man-made To top it off, the nonpartisan Con- out what this bill does and the sim- canals and pipes as you can see from gressional Budget Office estimates that our bill will generate $5 million in Fed- plicity of this bill. here, to install hydropower generators. In 1902 when this House, along with eral revenue over the next 10 years. In- To be clear, we are not talking about the other House, created the Bureau of creased revenues from the sale of this free-flowing rivers or streams. These Reclamation, which was to reclaim the renewable energy can result in a new are man-made structures that have al- land—that’s where ‘‘reclamation’’ source of funding for operating, main- ready gone through environmental re- comes from—it was designed to develop taining, and rehabilitating our aging view. These canals, as you can see, do areas that heretofore did not have the water-delivery infrastructure at lower not contain endangered fish or wildlife. resources with which to develop. Main- I worked very closely with the Irriga- costs to farmers. This legislation is truly a win-win for ly, the resource they were lacking was tion & Electrical Districts Association water. And so the Bureau of Reclama- of Arizona, the special districts, mu- the American people and is exactly the type of legislation this House should be tion was created so that those arid nicipalities, Indian utility authorities areas, certainly my area of central and project managers that are engaged passing. Vote ‘‘yes’’ on this bill, the Bureau of Washington qualified as that because in the management and delivery of Grand Coulee Dam is a facility that ir- water and power in my State as Con- Reclamation Small Conduit Hydro- power Development and Rural Jobs Act rigates the 500,000-plus acres in central gressman TIPTON and I crafted this leg- of 2011. It will create jobs in rural Washington, but it was designed to de- islation. velop areas that couldn’t be developed I am proud to be from a State that is America, increase U.S. energy inde- pendence, and raise revenue for the before. as innovative and as resourceful as Ari- So now we have these facilities in zona. Our State is a leader in devel- U.S. Treasury. So I guess the opponents of this bill place all over the West. They’ve gone oping safe ways to tap into our natural are right: if commonsense solutions are through extensive environmental re- resources, which provides much-needed your cup of tea, then I guess I can’t views in order to be put into place. Yet energy and jobs. help myself. And this is at no—let me even with the technology that makes Unfortunately, due to Federal con- repeat myself and this fact—this re- irrigation better and better and more straints, Arizona is unable to fully tap newable energy is at no cost to the tax- and more efficient, there still is water its hydroelectric power generation po- payer or the public. in these canals that goes back to the tential because of the duplicative regu- Mrs. NAPOLITANO. Mr. Chairman, I river, in my case the Columbia River. lations that make it too expensive and couldn’t agree with Mr. GOSAR more on It starts in the Columbia River and burdensome to develop. It is simply the some of his presentation that the bu- ends up in the Columbia River some 120 failure of the Federal policies to facili- reau would be able to expedite some of to 130 miles downstream. And during tate an environment that is conducive these projects, and they are working on that process where the water goes to to this type of development. Instead of that categorical exemption determina- irrigate various parts of the project, we working with communities that share tion to be able to understand how they can better, more efficiently use that common goals and values, the Federal can expedite some of these projects. water by producing power, and that’s Government is dictating to them. NEPA is not some radical piece of what this legislation does. The experts on the ground in Arizona legislation. It was overwhelmingly ap- Again, we have gone through the ex- say that we are literally sitting on a proved by Congress more than four dec- tensive environmental review to build hydropower gold mine waiting for the ades ago and signed into law by Presi- the ditch, the canal. We saw pictures of needed clarifications and streamlining dent Nixon. that earlier. All we’re suggesting now that will cut costs and make this pro- It is not an obstacle. It’s a tool to be is we put something in there to capture gram more attractive. used to facilitate coordination, co- the water power to generate elec- This bill does just that. For example, operation, and public input. It is not a tricity. It’s no more complicated than the Maricopa-Stanfield Irrigation & barrier. It is a shield protecting our that. That’s all this bill is about. So Drainage District, located in Pinal communities, yours and mine, from the with that, while there is an objection County, Arizona, estimates that it has unintended consequences that can to the NEPA process, there is an the capacity to build 14 to 17 hydro- occur when a big, clumsy Federal Gov- amendment that will address that, and power units if this legislation is signed ernment acts without thinking. we will have more extensive debate on into law. Those units could generate a NEPA does not and cannot prevent that. total of approximately 2,200 kilowatts projects from going forward. They just But I would just repeat, Mr. Chair- of renewable energy, which is enough require the government to analyze al- man, all of the building of the ditches, electricity to power 550 to 1,000 homes. ternatives and, most importantly, seek which is what really disturbs the land, This is just one of the power managers public comment. Evidence that NEPA that went through extensive environ- in my State. does not stop projects is plain. Our ma- mental reviews to get to that point. We Another district, the Central Irriga- jority cannot provide a single example are now building within what we dis- tion and Drainage District centered in where NEPA prevented one of these turbed. Boy, to say that you have to Eloy, Arizona, has indicated they could small projects, the hydroprojects from have another process, environmental install eight to 10 hydropower units moving forward. Most applications are process, doesn’t make sense, at least to with a capacity of 1,200 to 1,500 kilo- granted expeditiously and easily. It this Member. watts of renewable energy, another 500 also provides the Bureau of Reclama- With that, I reserve the balance of or so homes. These economic impacts tion all the flexibility necessary to my time. are not small for these rural commu- apply NEPA quickly and efficiently to Mrs. NAPOLITANO. Mr. Chairman, nities. They would provide a real eco- the projects. There is no delay. how much time remains? nomic boost and will reduce consumer To oppose NEPA is to oppose public The CHAIR. The gentlewoman from energy costs. input. Again, it would then oppose pub- California has 181⁄2 minutes, and the There is not one solution to our Na- lic input. To oppose NEPA is to oppose gentleman from Washington has 6 min- tion’s energy crisis, but hydropower is thinking before we act. utes. clearly part of an overall all-options- This unnecessary and unwise blanket Mrs. NAPOLITANO. Mr. Chairman, I on-the-table solution. Hydropower is waiver of NEPA should be struck from would like to reiterate that we fully

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.053 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1185 support the intent of the legislation This bill would give this authority only to the power fleet. In fact, an analysis by FERC without the exemption of NEPA stated Bureau of Reclamation thereby streamlining found that since Congress passed laws in the on page 4, lines 12–15. And I must say regulation. There will be jobs created by this 1986s to encourage these types of improve- that I have working relationships with measure, however not enough to be consid- ments, overall generating capacity has actually some of my universities; and one of ered a Rural Jobs bill. The American people increased by 4.1 percent. The benefits to them, Cal Poly Pomona, has been need a jobs bill. human and natural communities have been working with hydrokinetics for awhile. I would have supported this legislation with- immense. We have been kind of tracking the out hesitation if this bill did not contain a poi- The Bureau of Reclamation was established issues of hydrokinetics and some of son pill. As written I am concerned about a to construct water works to provide water for their results, the projects that they’ve provision in the bill that would exempt small irrigation and power for utilities in arid western got in New Jersey and New York, to be conduit hydropower projects from having to states. The agency manages a number of fa- able to generate electricity. We have comply with the National Environmental Policy cilities as part of larger, multi-purpose rec- for at least 5 years been trying to make Act, NEPA. H.R. 2842 removes the require- lamation projects serving irrigation, flood con- Congress and the committee under- ment that all small hydropower projects must trol, power supply, and recreation purposes. stand that this is something that is complete an environmental impact statement Overall, these facilities serve approximately 31 very viable. Even the heat off the unless granted an exception from FERC. Al- million people, delivering a total of approxi- pumping motors is being recaptured though my colleagues who support this legis- mately 28.5 million acre-feet of water (an acre- and converted into electricity in one of lation will argue that NEPA compliance for foot is enough to cover one acre of land one my areas. small conduit hydropower is unnecessary and foot deep, or 325,851 gallons) and making the So I fully understand and I’m glad hinders developers from pursuing small con- agency the second largest domestic hydro- that it’s finally beginning to take hold duit hydropower projects. There is a valid and power producer. H.R. 2842 seeks to utilize that there is the ability to create elec- proven counter to this argument. these existing irrigation channels/waterways tricity from hydro. We support in- Currently FERC has a successful licensing by inserting small conduits to create hydro creased generation at all facilities by process for small conduit hydropower showing power. developing conduit and in-canal hydro- that compliance with NEPA need not hinder Hydropower is a clean, renewable, non- power. responsible development. FERC categorically emitting source of energy that provides low- And, again, I support all of the provi- exempts small conduit projects from NEPA. cost electricity and helps reduce carbon emis- sions that I stated here, but waiving This approach works: from 2006–2010, 13 sions. It is more efficient than any other form NEPA does not provide the clarity and conduit exemptions were completed in less of electricity generation and offsets more car- the certainty needed to be a clear proc- than a year. Of the 11 conduit exemptions that bon emissions than all other renewable energy ess for the development of hydro at were issued in 2011, orders regarding the nine sources combined. reclamation facilities. That’s Federal conduit exemptions that presented no sub- It accounts for 67 percent of the Nation’s facilities only. We must ensure that stantive issues were issued on average 40 total renewable electricity generation. In addi- the lease-of-power privilege, the law, is days after the comment deadline established tion to providing low-cost electricity, multipur- clear and does provide specific cer- in the public notice. We can protect our envi- pose dams provide water for irrigation, wildlife, tainty. It should be consistent with the ronment while meeting the needs of rural com- recreation and barge transportation and offer FERC process, as stated in the letter munities in need of an additional green energy flood control benefits. from the National Hydropower Associa- resource. As part of the New Deal, the Roosevelt Ad- tion and American Rivers, as intro- I will continue to seek ways to improve the ministration sought to bridge the urban-rural duced into the RECORD. We will be pro- nation’s hydropower system by encouraging divide in access to electricity. In the early posing an amendment to fix the prob- increased generation while improving environ- 1930s, according to one estimate, 90 percent lem, and we want to make this in a mental performance. of Americans in urban areas had access to truly bipartisan manner and look for- Let me be clear, I support hydropower in electric power, while only 10 percent of rural ward to working with my colleagues on both large scale and small projects that are America had access. the other side. developed and operated in a responsible man- The establishment of the Rural Electrifica- I reserve the balance of my time. ner that avoids harm to America’s precious tion Administration, REA, in 1935 sparked a Mr. HASTINGS of Washington. Mr. river resources. Given the very real environ- series of Federal investments that brought Chairman, I would like to ask my mental and social impacts of global climate power to rural American homes over the com- friend from California if she has any- change—especially on vital freshwater sys- ing years. By 1939, the REA had helped to more speakers on the debate portion of tems—I believe that we should develop new establish more than 400 rural electric coopera- this. sources of energy that can supplement Amer- tives, which served nearly 300,000 house- Mrs. NAPOLITANO. I do not. ica’s reliance on foreign oil. holds. Mr. HASTINGS of Washington. If However, I also know that the energy that Today, the RUS continues to provide credit not, I am prepared to yield back and we receive from hydropower if done improp- and other assistance to help improve electric, start the amendment process if the erly comes at an enormous cost to the health water, and telecommunications services in gentlelady yields back. of our nation’s rivers and communities. rural areas. For example, between 2002 and Mrs. NAPOLITANO. I yield back the The harm caused by any hydropower 2009, the RUS invested $36 billion in electric balance of my time. project can be avoided if hydropower is sited, systems and $14 billion in water and waste Mr. HASTINGS of Washington. Mr. constructed, and operated in a responsible management systems throughout rural Amer- Chairman, I yield back the balance of manner. A few simple changes can make an ica. Small hydropower projects help to ad- my time. enormous difference, which is why compliance dress the electricity needs of rural areas in a Ms. JACKSON LEE of Texas. Mr. Chair, I with NEPA is important. green way. rise today in order to debate H.R. 2842. ‘‘Bu- In the case of larger scale hydropower The Department of the Interior’s Bureau of reau of Reclamation Small Conduit Hydro- projects, hydropower operators could change Reclamation also provides hydropower, and power Development and Rural Jobs Act’’ the timing of power generation to mimic a riv- drinking water and irrigation services to rural would authorize the Bureau of Reclamation to er’s natural hydrologic conditions, stabilize America. Today, the Bureau is the Nation’s permit private entities to develop small hydro- lake levels and dam releases to protect river- largest wholesaler of water, serving 31 million power units on all irrigation canals and con- side land from erosion, provide fish ladders people, and provides irrigation to one out of duits under the agency’s jurisdiction. Under and other measures that protect fish and allow five western farmers. This is a very clever current law, the Bureau or the Federal Energy them to pass safely upstream and down- manner to use existing water ways and exist- Regulatory Commission, FERC, has jurisdic- stream of dams, restore habitat for fish and ing technology to create electricity. tion over hydropower development at such fa- wildlife, alter the design and operation of Three manufacturers in the Nation build cilities. plants to maintain appropriate temperature these small conduits. Apparently they are so Currently both the Federal Energy Regu- and oxygen levels in rivers, and provide public prevalent that they are available at Home latory Commission and the Bureau of Rec- access and release water back into rivers so Depot. Again hydropower represents approxi- lamation have the authority to manage small that people can fish, boat, and swim. These mately two-thirds of the renewable electricity conduit hydropower projects in all Bureau of types of changes have a miniscule impact on generation in the United States and is cur- Reclamation irrigation canals and conduits. the overall generation of the Nation’s hydro- rently providing almost seven percent of the

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MR7.055 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1186 CONGRESSIONAL RECORD — HOUSE March 6, 2012 country’s total energy generation. About forty- publican Leadership has not considered a sin- gas industry has the potential to create 1 mil- five percent of all hydropower in the United gle jobs creation bill on the House floor. lion new jobs over the next 7 years through States is generated at federally-owned facili- With the national unemployment rate at 9.2 responsible development of America’s oil and ties. With only three percent of the Nation’s percent, and almost 1.9 million men and natural gas resources, while generating an es- approximately eighty thousand federal and women who have exhausted the maximum of timated $800 billion in revenue. non-federal dams currently generating hydro- up to 99 weeks of state and Federal unem- Additionally, Wood Mackenzie concluded power there is great potential to increase hy- ployment benefits, we cannot afford to con- that responsible domestic oil and natural gas dropower production. Additional hydropower tinue with inaction. development, along with increasing imports can be sited, constructed, and operated in a Rather than wait for the economic tide to from Canada, and cultivating a domestic responsible manner to reduce or avoid envi- turn, Congress must take advantage of its ex- biofuels energy program, the United States ronmental damages. ceptional opportunity to create jobs by em- could achieve energy independence within 15 FAST FACTS bracing the development of natural and renew- years. Expansion of our domestic energy industry Each kilowatt-hour of hydroelectricity is pro- able resources in a responsible and environ- presents us with the opportunity to divert the duced at an efficiency of more than twice that mentally conscious partnership with the en- staggering amounts of money we spend on of any other energy source. Where hydro- ergy industry. importing massive amounts of foreign oil. In- power does have environmental impacts, par- I have recently introduced H.R. 3710 ‘‘The Deficit Reduction and Energy Security Act of stead, we can use these funds to make a con- ticularly on fish species and their habitats and siderable investment into our own American oil extensive work is done within the Bureau to 2012.’’ My bill would protect America’s energy security, reduce the deficit, and create jobs. industry, which already pumps about $1 trillion evaluate and mitigate these impacts. into our economy and helps create jobs for Further, hydropower is very flexible and reli- The energy industry has a long and storied history of facilitating robust job creation and many Americans across many other indus- able when compared to other forms of genera- tries. Furthermore, we must also bolster our tion. Reclamation has nearly 500 dams and economic growth. This legislation will help pay down the deficit and create jobs for workers investments in natural gas, wind, solar, and dikes and 10,000 miles of canals and owns 58 other forms of renewable alternative energy. with varying skill-levels nationwide. H.R. 3710 hydropower plants, 53 of which are operated We must of course, act responsibly, and and maintained by Reclamation. On an annual would also establish the Coastal and Ocean apply the safety lessons learned in the wake basis, these plants produce an average of 40 Sustainability Health Fund to provide grants of the BP oil spill. Throughout my tenure in million megawatt, MW, hours of electricity, for addressing coastal and ocean disasters, Congress, I have worked tirelessly to foster enough to meet the entire electricity needs of restoration, protection, and maintenance of better relationship between the energy indus- over 9 million people on average. coastal areas and oceans, as well as, re- try and regulating agencies. With an open dia- Reclamation is the second largest producer search and programs in coordination with logue and productive communication, we can of hydroelectric power in the United States, state and local agencies. forge compromise that will protect the environ- and today we are actively engaged in looking Additionally, the Deficit Reduction and En- ment without harming economic growth. for opportunities to encourage development of ergy Security Act establishes the Office of En- The benefits of a seamless domestic energy additional hydropower capacity at our facilities. ergy Employment and Training, and the Office policy go beyond just creating jobs in the en- Conventional hydropower is one of the old- of Minority and Women Inclusion to help foster ergy sector. A seamless domestic energy pol- est and most well-established among a grow- job creation for groups who have traditionally icy also promotes the ongoing need to de- ing number of technologies that provide low- been underrepresented in the energy industry. velop the best technology to reduce risks and emissions alternatives to fossil-fuel energy. H.R. 3710 will spur our Nation’s economic improve efficiency. Nationally, hydropower provides about 75,000 growth. Demand for this technology creates an in- megawatts of capacity, and represents nearly Working in a bipartisan spirit, Congress can creased demand for Americans educated in 7 percent of total generation. aggressively take on the problem of job cre- Science, Technology, Engineering and Math, It is anticipated that hydropower will con- ation, by supporting measures like H.R. 3710. STEM. The energy sector can partner with tinue to be a part of our Nation’s energy mix The energy sector provides us with an ex- educational institutions to meet that demand, for years to come, and accordingly we have ceptional starting place. In fact, we need to foster American innovation and increase signed dozens of agreements supporting the only look to Houston and the state of Texas American competitiveness in an increasingly continued, long-term operation of hydroelectric for a strong example of how embracing the globalized economy. dams that together provide our Nation with development of our own natural and renew- The energy industry is putting my constitu- thousands of megawatts of generating capac- able resources can play a major role in spur- ents back to work, and the Wood Mackenzie ity. Reasonable modifications have dramati- ring our economy. study indicates that increasing domestic devel- cally improved the performance of these Texas serves as proof that the energy in- opment will create new jobs and generate dams, providing fish passage, improving flows, dustry offers tremendous potential to provide government revenue. enhancing water quality, protecting riparian jobs and foster economic growth. As a matter It is time for my colleagues to join me in a lands, and restoring recreational opportunities. of fact, in 2008, Texas was one of the few truly bipartisan effort to create jobs, improve Hydropower represents approximately two- states that saw its economy grow, grossing our education system, and strengthen the thirds of the renewable electricity generation in the second highest revenue of all states at economy. It is time to return to an age of the United States and is currently providing al- $1.2 trillion. American ingenuity and prosperity. It is time for a seamless domestic energy policy. It’s most seven percent of the country’s total en- As the Representative of the 18th Congres- time to support job creation it is time to sup- ergy generation. About forty-five percent of all sional District of Houston, Texas, I can attest port legislation like the bill I recently intro- hydropower in the United States is generated to the importance of a healthy energy industry. duced H.R. 3710 ‘‘The Deficit Reduction and at federally-owned facilities. My district is the energy hub of Texas and is Energy Security Act of 2012.’’ With only three percent of the nation’s ap- recognized worldwide for its energy industry, The CHAIR. All time for general de- proximately eighty thousand federal and non- particularly for oil and natural gas, as well as bate has expired. federal dams currently generating hydropower biomedical research and aeronautics. Renew- Pursuant to the rule, the bill shall be there is great potential to increase hydropower able energy sources—wind and solar—are considered for amendment under the 5- production. also growing economic bases in Houston. minute rule. JOBS/ECONOMY/H.R. 3710—DEFICIT REDUCTION AND The energy industry and its supporting busi- The amendment in the nature of a ENERGY SECURITY ACT nesses provide my fellow Texans with tens of substitute, printed in the bill, shall be I am committed to producing tangible results thousands of jobs, and have helped keep the considered as an original bill for the in suffering communities through legislation state of Texas significantly below the national purpose of amendment under the 5- that creates jobs, fosters minority business op- unemployment rate. minute rule. Each section of the com- portunities, and builds a foundation for the fu- This prosperity can expand well beyond mittee amendment in the nature of a ture. Every American deserves the right to be Texas, if the federal and state governments substitute shall be considered as read. gainfully employed or own a successful busi- will act decisively and responsibly to expand No amendment to the committee ness and I know we are all committed to that domestic energy productions in an environ- amendment in the nature of a sub- right and will not rest until all Americans have mentally conscious manner, and keep billions stitute shall be in order except: (1) access to economic opportunity. of dollars and countless jobs here at home. those received for printing in the por- It has been over 10 months since the Re- In fact, a study recently conducted by Wood tion of the CONGRESSIONAL RECORD des- publicans took control of the House, and Re- Mackenzie indicates that the oil and natural ignated for that purpose dated at least

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.049 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1187 1 day before the date of consideration ‘‘(4) The Power Resources Office of the Bu- Mrs. NAPOLITANO. Mr. Chairman, of the amendment; and (2) pro forma reau of Reclamation shall be the lead office of this is a simple amendment striking amendments for the purpose of debate. small conduit hydropower policy and procedure- out language in section 2, page 4, lines Each amendment so received may be setting activities conducted under this sub- 12–15. It removes the exemption of the section. offered only by the Member who caused ‘‘(5) Nothing in this subsection shall obligate NEPA waiver for small conduits on it to be printed or a designee and shall the Western Area Power Administration, the Federal land. be considered as read if printed. Bonneville Power Administration, or the South- The proponents of this measure again The Clerk will designate section 1. western Power Administration to purchase or will argue that FERC regulations allow The text of section 1 is as follows: market any of the power produced by the facili- for categorical exemption for certain H.R. 2842 ties covered under this subsection and none of conduit hydropower projects that meet Be it enacted by the Senate and House of Rep- the costs associated with production or delivery statutory and regulatory criteria and resentatives of the United States of America in of such power shall be assigned to project pur- do not have the potential for signifi- Congress assembled, poses for inclusion in project rates. ‘‘(6) Nothing in this subsection shall alter or cant environmental impacts. This is SECTION 1. SHORT TITLE. impede the delivery and management of water true. This Act may be cited as the ‘‘Bureau of Rec- by Bureau of Reclamation facilities, as water First, treatment of conduits is not lamation Small Conduit Hydropower Develop- used for conduit hydropower generation shall be the same. It is not the same as what ment and Rural Jobs Act of 2011’’. deemed incidental to use of water for the origi- the legislation attempts where all en- The CHAIR. Are there any amend- nal project purposes. Lease of power privilege vironmental regards are completely ments to section 1? shall be made only when, in the judgment of the waived. This bill, H.R. 2842, as amend- AMENDMENT NO. 2 OFFERED BY MR. TIPTON Secretary, the exercise of the lease will not be ed, proposes to totally exempt all small Mr. TIPTON. Mr. Chairman, I have incompatible with the purposes of the project or division involved, nor shall it create any unmiti- hydro from the FERC exemption proc- an amendment at the desk. gated financial or physical impacts to the ess. Reclamation already has the same The CHAIR. The Clerk will designate project or division involved. The Secretary shall authority as FERC to develop a process the amendment. notify and consult with the irrigation district or of complying with NEPA. Reclamation The text of the amendment is as fol- legally organized water users association oper- has already been in the process of in- lows: ating the transferred work in advance of offer- vestigating whether small hydropower In section 1, strike ‘‘2011’’ and insert ing the lease of power privilege and shall pre- developed in conduits or canals may be ‘‘2012’’. scribe such terms and conditions that will ade- appropriately placed under categorical The CHAIR. The gentleman from Col- quately protect the planning, design, construc- tion, operation, maintenance, and other inter- exemption. orado is recognized for 5 minutes. ests of the United States and the project or divi- As I stated before, the draft is al- Mr. TIPTON. Mr. Chairman, this is a sion involved. ready out. They are consulting with de- technical amendment that changes the ‘‘(7) Nothing in this subsection shall alter or velopers and irrigators to ensure that year of the bill from 2011 to 2012, and I affect any existing agreements for the develop- this bill is what they need. They have ask my colleagues to support this non- ment of conduit hydropower projects or disposi- also granted specific categorical ex- controversial amendment. tion of revenues. emptions to three LOP projects, as I yield back the balance of my time. ‘‘(8) In this subsection: mentioned in my opening statement. ‘‘(A) CONDUIT.—The term ‘conduit’ means any The CHAIR. Does any Member seek Low impact hydropower can be effi- recognition? Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade ciently developed by utilizing existing The question is on the amendment water conveyance that is operated for the dis- environmental review provisions. offered by the gentleman from Colo- tribution of water for agricultural, municipal, or We have seen examples of projects rado (Mr. TIPTON). industrial consumption and not primarily for that have not unduly delayed project The amendment was agreed to. the generation of electricity. development, and I again point to the The CHAIR. The Clerk will designate ‘‘(B) IRRIGATION DISTRICT.—The term ‘irriga- three projects as stated before utilizing section 2. tion district’ means any irrigation, water con- the yellow pea process. I have placed The text of section 2 is as follows: servation or conservancy district, multicounty water conservation or conservancy district, or the letters from the National Hydro- SEC. 2. AUTHORIZATION. any separate public entity composed of two or power Association and American Riv- Section 9(c) of the Reclamation Project Act of more such districts and jointly exercising powers ers and others to highlight the views of 1939 (43 U.S.C. 485h(c)) is amended— of its member districts. the hydropower industry and the lead- (1) by striking ‘‘The Secretary is authorized to ‘‘(C) RESERVED WORK.—The term ‘reserved ing conservation group on hydropower. enter into contracts to furnish water’’ and in- work’ means any conduit that is included in serting ‘‘(1) The Secretary is authorized to enter Both are supportive of H.R. 2842 as long project works the care, operation, and mainte- as it is modeled after the process used into contracts to furnish water’’; nance of which has been reserved by the Sec- (2) by striking ‘‘(1) shall’’ and inserting ‘‘(A) by FERC. retary, through the Commissioner of the Bureau shall’’; of Reclamation. (3) by striking ‘‘(2) shall’’ and inserting ‘‘(B) b 1520 ‘‘(D) TRANSFERRED WORK.—The term ‘trans- shall’’; It would provide for proper oversight, ferred work’ means any conduit that is included (4) by striking ‘‘respecting the terms of sales of in project works the care, operation, and main- a longstanding practice FERC has electric power and leases of power privileges tenance of which has been transferred to a le- shown. shall be in addition and alternative to any au- gally organized water users association or irri- I urge my colleagues to vote posi- thority in existing laws relating to particular gation district. projects’’ and inserting ‘‘respecting the sales of tively ‘‘yes’’ on this amendment, and I ‘‘(E) SECRETARY.—The term ‘Secretary’ means electric power and leases of power privileges yield back the balance of my time. the Secretary of the Interior. shall be an authorization in addition to and al- Mr. TIPTON. Mr. Chairman, I move ‘‘(F) SMALL CONDUIT HYDROPOWER.—The term ternative to any authority in existing laws re- to strike the last word. ‘small conduit hydropower’ means a facility ca- lated to particular projects, including small con- The CHAIR. The gentleman from Col- pable of producing 1.5 megawatts or less of elec- duit hydropower development’’; and tric capacity.’’. orado is recognized for 5 minutes. (5) by adding at the end the following: Mr. TIPTON. Mr. Chairman, I think The CHAIR. Are there any amend- ‘‘(2) When carrying out this subsection, the our opponents on this piece of legisla- Secretary shall first offer the lease of power ments to section 2? privilege to an irrigation district or water users tion are confused as to actually what AMENDMENT NO. 1 OFFERED BY MRS. the debate is truly about. If it is about association operating the applicable transferred NAPOLITANO work, or to the irrigation district or water users jobs, if it is about the American people, association receiving water from the applicable Mrs. NAPOLITANO. I have an if it is about providing energy cer- reserved work. The Secretary shall determine a amendment at the desk, Mr. Chairman. tainty, and if it is about reducing the reasonable time frame for the irrigation district The CHAIR. The Clerk will designate carbon footprint in this country, then or water users association to accept or reject a the amendment. 2842 is a good piece of legislation. lease of power privilege offer. The text of the amendment is as fol- They say conceptually they embrace ‘‘(3) The National Environmental Policy Act lows: of 1969 (42 U.S.C. 4321 et seq.) shall not apply to it, but they want to put on the backs of Page 4, strike lines 12 through 15. small conduit hydropower development, exclud- hardworking Americans more cost and ing siting of associated transmission on Federal The CHAIR. The gentlewoman from more uncertainty at a time when we lands, under this subsection. California is recognized for 5 minutes. need to create certainty and when we

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.056 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1188 CONGRESSIONAL RECORD — HOUSE March 6, 2012 need to be able to have that oppor- certainty does that send to the mar- cy ignores its own guidelines. That is tunity to be able to reduce costs. ketplace that we want to do business? precisely why this bill is necessary. Our opponent commented that we see That is absolutely incredible. Mr. Chairman, either placing genera- no evidence that projects are being de- And its environmental permitting tors in pipelines is environmentally layed. Well, the fact of the matter is, costs here, in this particular example, damaging or it’s not, and anybody with when we had testimony, Chris Trees of which, of course, are exemplified by a lick of sense already knows the an- the Colorado Water District noted that what? NEPA. And this amendment swer to that question, and I would ex- it took well over a year for a project to would take the waiver of NEPA out of pect them to be supporting the bill of be approved. Many projects were not the equation. In other words, under the the gentleman from Colorado. being considered simply because of the bill that you have authored—correct I yield back the balance of my time. regulatory costs. me if I am wrong—that red dot, that Mr. GOSAR. I move to strike the last When we look at this chart on a pro- red slice there would be dramatically, word, Mr. Chairman. jected cost to build a small hydropower dramatically reduced; is that correct? The CHAIR. The gentleman from Ari- installation, the actual cost to build Mr. TIPTON. That is correct. zona is recognized for 5 minutes. the unit is $20,000. By the time that we I yield back the balance of my time. Mr. GOSAR. Mr. Chairman, I rise concur with our Democrat colleagues’ Mr. MCCLINTOCK. Mr. Chairman, I against the amendment from the gen- insistence that we expand bureaucracy move to strike the last word. tlelady from California. and have more government, we are The CHAIR. The gentleman from In fact, I want to highlight two of the going to add an additional $50,000 in California is recognized for 5 minutes. Arizona witnesses who have some of cost. Mr. MCCLINTOCK. Mr. Chairman, the most applicable understanding of What’s the challenge for rural Amer- this amendment, as the gentlelady has this hydropower bill. ica? It is dollars. We have struggling pointed out, strikes the NEPA exemp- The first person I would like to quote communities of people that need jobs. tion for small hydroelectric projects. is Mr. Bob Lynch, in which he testified: People need to be able to be put back Perhaps she hasn’t been listening to We need Congress to streamline the proc- to work. It may, in big cities, not be the debate for the last hour. The NEPA esses both for reclamation facilities and for big money when you start to talk exemption is the entire point of the non-Federal facilities. This companion en- about $50,000, but for our small water bill. terprise will open up the West to a whole districts, it truly is. As our subcommittee heard earlier new product line of small hydropower facili- This is a chance to stand up for the this year, it’s precisely this duplica- ties that can tap the energy in flowing water tive, costly, time-consuming, and en- that is currently being wasted. If the red American people. This is a chance to be tape can be cut down, the cost of installing able to create clean energy for this Na- tirely unnecessary process that has these units can be amortized. These are ex- tion. more than doubled the cost to small isting facilities and will have no impact When we looked at examples in terms hydro projects which simply makes other than to provide additional clean, re- of what does overregulation by the gov- them cost-prohibitive. They don’t newable hydropower in small quantities all ernment do, when we went through the apply for permits because they know over the Western United States. NEPA process, no one argued as we had they don’t pencil out once all of the The second person I would like to photos that my colleague, Mr. GOSAR, studies are factored into their costs. highlight is Mr. Grant Ward, who rep- had shown of constructed ditches made The Bureau of Reclamation doesn’t resents one of these districts in which by men, were put into place to have the deny permits; it simply demands such he testified how the permitting costs of NEPA process, but then to duplicate costly environmental studies as to $50,000 for every small conduit hydro- that process, we could look at Bureau make these projects cost-prohibitive. power unit in his area are more expen- of Reclamation’s process in which it The bill authorizes these projects so sive than the actual installation of took 5 years for it to find out that it they don’t have to go through the cost- $20,000. even had jurisdiction over the Klamath ly, time-consuming, and pointless envi- So here we hear from Mr. Bob Lynch project C-Drop Canal in order to pave ronmental studies. representing the Irrigation and Elec- the way for conduit hydropower—5 The gentlelady, several times, men- trical Districts Association in Arizona, years. tioned the fact that the Bureau of Rec- someone who has countless decades of Join with us in caring about the en- lamation was moving ahead with three experience and expertise in these vironment, to make sure that we’re permits in Colorado. So what’s the issues, as well as Mr. Grant Ward, who going to be delivering clean hydro- problem? Well, let’s look at those three experienced this on the ground level, power—not delaying it for 5 years, not permits. One of these wasn’t conduit dictating exactly their testimony. delaying it for a year, not putting more hydropower, one was specifically ap- So I rise in opposition to this amend- costs on the backs of the American proved by Congress in the 1980s, and ment. people when they simply can’t afford the third took a full year to get the I yield back the balance of my time. it—and putting people back to work. permitting done on an existing canal The CHAIR. The question is on the That’s the choice we have on this legis- outlet. Now, if that’s what the gentle- amendment offered by the gentle- lation. lady describes as success, I think she woman from California (Mrs. NAPOLI- As Chairman HASTINGS has noted, it’s has just proven our point. TANO). a commonsense piece of legislation. It Let me ask her this: What is the The question was taken; and the makes sense, and it makes good com- point of requiring expensive and time- Chair announced that the noes ap- mon sense to vote for it. consuming environmental reviews peared to have it. Mr. HASTINGS of Washington. when all you’re doing is putting a Mrs. NAPOLITANO. Mr. Chairman, I Would the gentleman yield? small generator in an existing Bureau demand a recorded vote. Mr. TIPTON. I’ll certainly yield to of Reclamation pipe that has already The CHAIR. Pursuant to clause 6 of my colleague. undergone extensive environmental re- rule XVIII, further proceedings on the Mr. HASTINGS of Washington. I views? amendment offered by the gentle- thank the gentleman for yielding. FERC already provides for the cat- woman from California will be post- Please put that poster back up again. egorical exemption on non-Federal poned. That, I think, real-life example dem- projects. The Bureau’s own NEPA man- b 1530 onstrates why America is so fed up ual, updated a decade ago, clearly al- with what happens in Washington, DC. lows categorical exemptions for—and AMENDMENT NO. 3 OFFERED BY MR. ELLISON Here is a project that is affordable at this is from their manual—‘‘minor con- Mr. ELLISON. Mr. Chairman, I have $20,000, and so somebody wants to take struction activities associated with au- an amendment at the desk. that opportunity to perhaps make thorized projects which merely aug- The CHAIR. The Clerk will designate some money—there’s nothing wrong ment or supplement or are enclosed the amendment. with that in our country—and you find within existing facilities.’’ These small The text of the amendment is as fol- out that the cost of regulation is 21⁄2 hydro generators precisely meet this lows: times what the project is. Now, what requirement. The problem is the agen- At the end of the bill, add the following:

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.062 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1189 SEC. 3. NO NET LOSS OF JOBS. infrastructure and to put Americans development in the Arctic tundra. This Section 2 and the amendments made by back to work. is the same administration that’s section 2 shall not take effect unless the Sec- Mr. Chairman, I yield to the gentle- torpedoed the Keystone pipeline and retary finds that such section and amend- woman from Texas (Ms. EDDIE BERNICE the thousands of jobs it would have ments, if in effect, shall not result in a net loss of jobs. JOHNSON). created. And now the gentleman from Ms. EDDIE BERNICE JOHNSON of Minnesota would give this same offi- The CHAIR. The gentleman from Texas. Let me thank the gentleman cial and this same administration the Minnesota is recognized for 5 minutes. from Minnesota for leading this posi- power to shut down small hydroelectric Mr. ELLISON. Mr. Chairman, our tion. facilities that could add thousands of transportation program expires at the I rise today to speak about the cur- megawatts of additional electricity to end of March, and we are still facing rent extension of the transportation our energy supplies. high unemployment. Why aren’t we bill, which is set to expire at the end of I would assure the gentleman that working on a real jobs bill that will this month. I’m frustrated by the lack the reason for this bill is because we create good infrastructure jobs? of action in this Chamber and the lack fully expect it to produce a quantum The GOP has wasted about 427 days of attention being paid by the majority leap in demand for small generators; since they’ve been in charge by not to the American people who des- and somebody’s going to have to build producing a real jobs agenda, but it’s perately need these jobs. them, and somebody’s going to have to around transportation and infrastruc- The current transportation author- install them. That means more jobs. ture where we have real opportunity. ization expires at the end of March, but Now, if the gentleman is worried Unfortunately, certain people have we are still facing high unemployment about jobs being lost in the regulatory used creative titles—deceiving titles in and a weak economy. We need the kind bureaucracy because they won’t have some cases—to try to distract the pub- of long-term transportation policy that as many businesses to harass, I can as- lic. Their transportation bill is called will repair our crumbling infrastruc- sure him they have demonstrated over the American Energy and Infrastruc- ture and bring back good-paying con- the years a tremendous creativity in ture Jobs Act, but it wouldn’t promote struction jobs. finding new businesses to harass and jobs in energy or infrastructure. It I have been on the House Transpor- new reasons to increase their budgets. would actually cut highway invest- tation and Infrastructure Committee But I say again, I don’t believe it ment by $16 billion in 5 years. This for 20 years this year; and up until now, would be a good idea to put in the would mean a loss of half a million jobs the committee has worked in a bipar- hands of this Secretary and this admin- nationwide. That’s right, the American tisan fashion and we have produced istration yet another tool to obstruct Energy and Infrastructure Jobs Act sound, commonsense legislation. But energy and job development. Now, high would cut 500,000 jobs. The bill would the progress that could have been made electricity prices might not be a prob- cost about 11,000 jobs in my home State has been stymied by partisan bickering lem in Minnesota, but I can assure the of Minnesota. and bad policy. gentleman they are a serious problem Today, we’re debating the Bureau of The current transportation bill of- in California; and that’s why his Reclamation Small Conduit Hydro- fered by the majority would cut invest- amendment is so dangerous. Mr. Chairman, I yield back the bal- power Development and Rural Jobs ment in our Nation’s highways by al- ance of my time. Act. Why are we talking about small most $16 billion over the next 5 years. conduit hydropower when we need in- Ms. EDDIE BERNICE JOHNSON of This would mean a loss of over 500,000 Texas. Mr. Chairman, I move to strike vestment in highways, bridges, transit jobs nationwide. and airports? Now, don’t get me wrong, the last word. Mr. Chairman, we talk about this The CHAIR. The gentlewoman is rec- I’m not here to run down small conduit being a jobs bill. What is before us is a ognized for 5 minutes. hydropower. I just think it’s too small. job-killing bill. But the American peo- Ms. EDDIE BERNICE JOHNSON of Also on the floor this week is the so- ple are waiting. Texas. Mr. Chairman, the bill that I’m called Jumpstart Our Business The CHAIR. The time of the gentle- speaking of is called the Transpor- Startups Act, JOBS. This is a rehash of woman has expired. tation and Infrastructure Committee access-to-capital bills that may be use- Mr. MCCLINTOCK. Mr. Chairman, I bill. ful—in fact, I may support them—but rise to claim time in opposition to the The Secretary of Transportation, will barely make a dent in our unem- amendment. who has served on this committee, has ployment numbers. The GOP may have The CHAIR. The gentleman from clearly explained what this bill in its creative titles, may have some titles California is recognized for 5 minutes. present form will do for this country. that catch attention and sound good; Mr. MCCLINTOCK. Mr. Chairman, Now, I know that probably no one but if you scratch the surface just a lit- this amendment would give to the Sec- wants to quote this particular Sec- tle bit, there’s no jobs agenda even on retary of the Interior the ability lit- retary, who has had inside experience bills that say ‘‘jobs.’’ erally to unilaterally veto this meas- as well as outside experience. He is The American Society of Civil Engi- ure if he finds it would result in a loss very aware because he served on this neers is a group that knows a little bit of jobs. committee during the time we worked about infrastructure. This is a group, a Now, let’s be clear of what we’re in a bipartisan fashion. collection of professionals, who know talking about here. This is the same We’re talking about highways. And the issue; and they give our infrastruc- Secretary of the Interior who came to because someone put a lot more extra- ture grade a D—and D don’t stand for the Natural Resources Committee in curricular, extraneous kind of stuff in ‘‘dandy.’’ It stands for ‘‘downright bad 2009 when Federal water diversions in this bill that does not relate to these and unfortunate.’’ California’s Central Valley were throw- highways, then they’re against it. But We have nearly 70,000 bridges across ing thousands and thousands of farm the progress that could have been made this country—or 11.5 percent of all workers into unemployment. Before was really stymied by this very kind of highway bridges—classified as ‘‘struc- the committee, he admitted that he propaganda and bad policy. turally deficient,’’ meaning they re- had the authority to stop the diver- The current transportation bill of- quire significant maintenance or re- sions and stop throwing these thou- fered by the majority would cut invest- placement. There are about 1,400 struc- sands of hardworking families into pov- ment in our Nation’s highways and kill turally deficient bridges in my State of erty, but he chose not to do so because jobs. We want to create jobs and do Minnesota, several within walking dis- he said it would be like admitting fail- something about the crumbling infra- tance of my home. In 2007, my district ure. structure in this country. tragically felt the impact of deficient This is the same administration that Mr. Chairman, the American people bridges with the collapse of I–35W. We blissfully threw thousands of gulf war are waiting for us to do something. We lost 13 lives, and 100 people ended up workers into unemployment by declar- were sent here by our constituents to with serious injury in the hospital. ing a de facto moratorium on oil pro- solve problems, not to create them and We need a real transportation bill duction in the gulf. This is the same not to find excuses to face the real re- and a real jobs agenda to rebuild our administration that’s blocking energy ality. So let’s get back to work and

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.019 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1190 CONGRESSIONAL RECORD — HOUSE March 6, 2012 produce a transportation bill that will jobs. We want to be able to create jobs, who lost their homes and their busi- repair our Nation’s infrastructure and to be able to facilitate that oppor- nesses, and pay tribute to the first re- get thousands of Americans back to tunity for Americans to be able to go sponders and to the countless thou- work—not to try to challenge this ad- back to work, to be able to create clean sands of Hoosiers who have come ministration because you don’t like the energy right here in the United States. alongside their neighbors in this griev- administration. We want to see some- As my colleague was pointing out, a ous hour. thing that’s real and something that commonsense piece of legislation. As millions of Americans have wit- addresses the real problem, and not We’re going through existing con- nessed on television, these violent skirt around with a lot of ideas and a duits, what we call in our part of the storms left utter destruction in their lot of propaganda that simply does not world ditches, to be able to capture wake across a three-State area. relate to this bill. that energy, to be able to deliver it to Schools, businesses, and homes were I yield back the balance of my time. allow local decisions to be able to be reduced to piles of rubble. Cars were flipped and thrown about as if they b 1540 made. But our colleagues seem to want to were toys. Some communities, as one Mr. HASTINGS of Washington. I make sure that we’re standing up, or local official said it, were ‘‘completely move to strike the last word. they are standing up, for the status gone.’’ The CHAIR. The gentleman is recog- quo, and that just means say no—say In the Hoosier State we lost 13 lives, nized for 5 minutes. no to clean energy. No, join with us including an entire family from Pekin, Mr. HASTINGS of Washington. Mr. and support clean energy and hydro- Indiana. Yet in this dark hour, for so Chairman, I find this debate rather in- electric power. many families, as is always the case in teresting because the gentlelady from You’re saying no to jobs. Join with the Hoosier State, we hear stories of Texas who spoke, of course, did not us to be able to create jobs right here communities coming together to re- speak on this bill. She spoke on an- in this country and be able to put our build. Despite the snow and cold that other piece of pending legislation that people back to work. followed the storms, we see generosity, dealt with jobs. That’s good. We have enough red tape. This community spirit in full display. That pending piece of legislation, I amendment will simply grow more gov- Over the coming days, weeks and might add, had two components to it. ernment. And as we saw from testi- months the wounds will heal, debris It had the energy component, and it mony in our committee and charts will be cleared, homes and businesses had the transportation component that have been shown during this de- and barns will be rebuilt. And as the which, of course, is pending. We know bate, there’s no need to put more ex- Federal Government makes its assess- that expires at the end of this month. pense on the backs of the American ment today about Federal support, we But we did pass the energy compo- people, who simply cannot afford your look forward to supporting all Federal nent of that bill which creates tens of stand to build more government. assistance. thousands of jobs. And I just want to This is an amendment that deserves But I rise today to commend Gov- point out, Mr. Chairman, the gentle- to be rejected. I ask for that, and ask ernor Daniels, the Indiana National lady voted against that piece of legisla- for a favorable vote on H.R. 2842. Guard, the Indiana State Police, all of tion. Sometimes we hear mixed mes- I yield back the balance of my time. our first responders and Homeland Se- sages here, but I just wanted to set the The CHAIR. The question is on the curity and community leaders for their record straight. amendment offered by the gentleman decisive leadership in this moment. This bill is another extension of en- from Minnesota (Mr. ELLISON). But I also rise today to commend all ergy production and, of course, cre- The amendment was rejected. of those who stepped forward to pro- ating American energy jobs. And with Mr. HASTINGS of Washington. Mr. vide a helping hand, either with time that, I find the gentleman from Min- Chairman, I move that the Committee or talent or treasure, volunteers donat- nesota’s amendment really very inter- do now rise. ing food and clothing and labor. It is esting, because what he is saying by The motion was agreed to. profoundly inspiring and humbling, and his amendment is, unless the bureauc- Accordingly, the Committee rose; makes me proud to be a Hoosier. racy decides, by giving all this author- and the Speaker pro tempore (Mr. May God comfort the families of the ity to the Secretary—and by the way, MCCLINTOCK) having assumed the lost, and give strength and courage to I’m not sure which Secretary it is be- chair, Mr. CHAFFETZ, Chair of the Com- those who will rebuild in the wake of cause it’s not delineated in the amend- mittee of the Whole House on the state these storms. ment. But leaving that aside, he is say- of the Union, reported that that Com- f ing there will be no jobs unless—what? mittee, having had under consideration HONORING THE LIFE OF The bureaucracy decides there will be the bill (H.R. 2842) to authorize all Bu- CONGRESSMAN DONALD PAYNE jobs. Now, how ludicrous is that? reau of Reclamation conduit facilities But that is precisely where we seem for hydropower development under The SPEAKER pro tempore (Mr. to be today. And I think this is, as I Federal reclamation law, and for other FINCHER). Under the Speaker’s an- mentioned earlier, this is one of the purposes, had come to no resolution nounced policy of January 5, 2011, the reasons why I think Americans are so thereon. gentlewoman from the Virgin Islands fed up with what’s happening here in f (Mrs. CHRISTENSEN) is recognized for 60 D.C. with this sort of back and forth. minutes as the designee of the minor- Let me repeat, this is infrastructure DEVASTATION ACROSS SOUTHERN ity leader. that is in place. There is water running INDIANA Mrs. CHRISTENSEN. Mr. Speaker, through this infrastructure. All we’re (Mr. PENCE asked and was given per- today, as you heard, the House, the trying to do is capture that energy, at mission to address the House for 1 Congress as a whole, the 10th District no cost to the Federal Government, minute and to revise and extend his re- of New Jersey, our Nation, the coun- and create jobs and lower the cost of marks.) tries of Africa and the Caribbean, of energy. There’s nothing more sim- Mr. PENCE. We are told to mourn Ireland, where he was an honorary cit- plistic than that, Mr. Chairman. with those who mourn and grieve with izen and, indeed, the world, has suf- So I urge my colleagues to vote ‘‘no’’ those who grieve. fered a great loss. DONALD PAYNE was a on this amendment, and I urge my col- Mr. Speaker, I rise to do so today. friend and advocate for the world and leagues to vote ‘‘yes’’ on the under- Across southern Indiana, in small all of its people, but particularly for lying bill. towns like Henryville, Marysville, the sons of Africa here and worldwide. I yield back the balance of my time. Pekin, and others, Hoosier families and Tonight I am honored to chair this Mr. TIPTON. Mr. Chairman, I move communities are picking up the pieces Special Order in his honor, and to rec- to strike the last word. after one of the most devastating tor- ognize my colleagues from both sides of The CHAIR. The gentleman from Col- nados in my lifetime swept through our the aisle who will be coming to pay orado is recognized for 5 minutes. State. tribute to DONALD PAYNE. Mr. TIPTON. Mr. Chairman, it’s in- I come to the House floor today to I’d like to begin by asking unani- teresting, our colleagues do talk about pay tribute to the lost, and to those mous consent that all Members might

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.066 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1191 have 5 legislative days in which to re- For years, Congressman PAYNE advo- and worked to make college more af- vise and extend their remarks and in- cated for self-determination for the fordable. clude extraneous material on the topic people of South Sudan, who had en- As the highest ranking Democrat on of the Special Order. dured great hardship at the hands of the Foreign Affairs Subcommittee on The SPEAKER pro tempore. Is there the government in Khartoum. He was Africa, Global Health, and Human objection to the request of the gentle- also the leading voice in urging States Rights, he worked to promote human woman from the Virgin Islands? in the U.S. to divest from companies rights around the world and helped se- There was no objection. doing business in Sudan in light of the cure billions of dollars in foreign aid b 1550 government’s horrific human rights for treating HIV/AIDS, tuberculosis, abuses. and malaria. Mrs. CHRISTENSEN. I’d like to It is difficult to lose a member of the begin by yielding 2 minutes to the gen- Congressman PAYNE was the sponsor of the congressional resolution calling Congressional Black Caucus family. tleman from Minnesota (Mr. ELLISON). We’re small but very connected. And Mr. ELLISON. Mr. Speaker, DONALD attention to the horrors unfolding in Congressman PAYNE served the 10th PAYNE played a very special role in my Darfur, a resolution which was rightly labeled as ‘‘tragedy,’’ ‘‘genocide.’’ The District of New Jersey with dedication service as a Member of Congress. I and served as the chair of the Congres- didn’t know him nearly as long as list goes on and on. I had the honor of being with Con- sional Black Caucus as well. many other Members, and I guess I My thoughts and prayers are with his probably didn’t know him as well; but gressman PAYNE in Nairobi, Kenya, in 2005 for the historic signing of the family today in this difficult time. there is no doubt that as a Member Mrs. CHRISTENSEN. I would like to Comprehensive Peace Agreement coming into Congress trying to figure yield 2 minutes to the Congresswoman which marked the end of a brutal civil out how to be the best Member I could from the District of Columbia, Con- war between the north and the south be, DONALD PAYNE was one of the peo- gresswoman ELEANOR HOLMES NORTON. ple who I admired and looked to, and which spanned 21 years and claimed the Ms. NORTON. I thank the gentlelady no more so than when he was fighting lives of more than 2 million people. for yielding and for leading this Spe- for the human rights of all people. Congressman PAYNE labored for years cial Order for our good friend and col- to see that day arrive. No one did more DONALD PAYNE gave me a new and league, DONALD PAYNE, whose passing unique perspective on suffering in than DON PAYNE to bring about the new leaves me shocked and deeply saddened Darfur, explaining the complexities as country, which is now the country of after his 12 terms of outstanding serv- it related to making sure that southern Sudan. ice in the House of Representatives. Darfurians not only got relief, but also He, fittingly, returned to South DON was a friend. He was more than eventually one day would get justice. Sudan in July of 2011 to join the people a colleague. He was the kind of friend But he didn’t stop there. I have a of that land in celebrating their long- you could always strike up a conversa- large percentage of my constituents awaited independence, a fulfillment of tion with about matters technical or who hail from Somalia, and DONALD the promise. Upon being chosen to be just matters at hand because DON was PAYNE gave me historic perspective on part of the official U.S. delegation, easy of manner but strong of convic- Somalia on a regular basis, which I Congressman PAYNE issued the fol- tion. didn’t have, and also, again, helped me lowing statement. He said: DON was a real path breaker and his- understand how difficult it was and As a ranking member on the House For- tory maker. He came to Congress as how important it also was that we eign Affairs Subcommittee on Africa, Global the first African American to serve in stand for stability for the people of So- Health, and Human Rights, I have been com- Congress from the State of New Jersey. malia. In fact, his level of commitment mitted to helping Sudan achieve peace and He followed the great Peter Rodino, justice. to the people of Somalia was so great, who had served Newark for decades. he got into an airplane and flew there Indeed, he was committed. Congress- Newark had become a majority African man PAYNE worked hard. He traveled and, on his way out, was actually shot American city, but DON grew up in a at when al-Shabab tried to take his life to the region countless times. He expe- neighborhood that was as Italian as it for showing concern for the people. rienced the people suffering, and then was black and felt comfortable with Yet he traveled many places and he acted. Congressman PAYNE heard people of all ethnic groups. really went all around the world; but the people suffering and never chose to When Congressman Rodino, who was he also went into my district, as he look the other way. then chair of the House Judiciary Com- went to many districts, and I’ll never My thoughts and prayers are with mittee, retired—this was, of course, be- forget the day when we organized a Congressman PAYNE’s family as they fore I came to Congress, but it was community forum on east Africa. We grieve, and Congress will profoundly much commented upon—DON, who had had Somalis in the room, people from miss his voice, as will thousands of run against him several times and was the Ogaden region of Ethiopia, people others around the world. the logical person to win that seat, from Eritrea, all over, immigrants who Mrs. CHRISTENSEN. I would next plunged into his work for a city that made America their home either by like to yield 2 minutes to the Congress- needed a man of his depth of under- choice or because they were refugees. woman from Texas, Congresswoman standing and conviction of their prob- For 3 straight hours, DONALD PAYNE EDDIE BERNICE JOHNSON. lems, their education, their health answered their questions, gave them Ms. EDDIE BERNICE JOHNSON of care, their housing needs. comfort and assurance and informa- Texas. Thank you to my colleague For Newark, when the Congressman tion. from the Virgin Islands. came here 12 terms ago, personified, He is a towering figure in my world, I rise to speak today about the loss of symbolized the great urban commu- and I don’t think we’ll ever forget DON- Congressman DONALD PAYNE. Congress- nities of our country and the upheavals ALD PAYNE. I just say, may he rest in man PAYNE lost his battle with cancer that they were undergoing. He plunged peace, and God bless him and his fam- early this morning, and we in Congress into that work, and yet he was able, at ily. lost an esteemed colleague. the same time, to become perhaps the Mrs. CHRISTENSEN. I’d like to yield My relationship and acquaintance House’s most expert Member on Africa 2 minutes to Mr. WOLF of Virginia. with Congressman PAYNE came before I and the Caribbean. Mr. WOLF. Mr. Speaker, I rise today came to Congress and meeting him to pay tribute to the life and legacy of when he served on the national YMCA b 1600 Congressman DONALD PAYNE. board and became the chair of the na- DON was a leader on Africa, who did As as public servant, Congressman tional YMCA board; and I know him as not work from the newspapers or the PAYNE has consistently stood with the a devoted public servant who used his journals, but traveled the continent forgotten people and causes. He has position in Congress to advocate for and came back with firsthand informa- championed their plight and advocated those less fortunate, first, as a teacher, tion. For the Congressional Black Cau- on their behalf, perhaps none more so and later, serving on the House Com- cus, DON was the go-to man. Nobody than the long-suffering people of the mittee on Education and the Work- from the caucus moved on a matter af- southern Sudan. force. He was an advocate for children fecting Africa without going to DON

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He I served on Congressman PAYNE’s Af- cism of the United States and his own was not a you’re-on-your-own kind of rica Subcommittee. He served on my strong criticism. Thus, his leadership guy. That was true in person too. He Workforce Protection Subcommittee. was trusted all across the Congress was very inclusive. He had good humor On both panels, I benefited from his when he stepped forward with his and dignity in everything he did. DON wisdom, advice, and his expertise. On views. He worked with every President PAYNE was a good friend, a good Mem- the Africa Subcommittee, I was always because Republican and Democratic ber of this House, and a great public amazed at how much and who he knew. Presidents alike have been involved in servant. This is a man who knew what public the issues affecting Africa; and they, My thoughts and prayers are with his service was all about. He was, as he de- like us, turned to DON on those issues. family and his many friends, and I scribed himself, a mild-mannered man; Where will we find such a Member know his constituents will be hard but he was also tenacious, dedicated, today? Is there such a Member who has pressed to find somebody to represent and stubborn. devoted so much of his life not only to them as well as DON PAYNE. No one has worked harder to bring urban America, but especially to Afri- Mrs. CHRISTENSEN. Thank you, peace, democracy, and human rights to ca, who knew everything, knew every- Congressman HOLT. Africa. He almost gave his life for the one, and knew anything we needed to Now, I would like to yield 2 minutes cause a few years ago when his plane know? to another colleague from New Jersey, was shot by rebels as he prepared to DON will be greatly missed by this Congressman FRELINGHUYSEN. come home after a Somalia mission Chamber. He will always be remem- Mr. FRELINGHUYSEN. I thank the that actually the State Department bered. I know I speak for us all when I gentlewoman for yielding. had warned him against. DON PAYNE and I have been friends say that his family has our deepest As change continues and as change for over 35 years. We served together in sympathy and our everlasting love. continues to come—particularly to Af- county government as freeholders in Mrs. CHRISTENSEN. Thank you, rica in the coming years—we’ll all re- New Jersey from our respective coun- Congresswoman. member the role that DONALD PAYNE ties, Morris and Essex Counties, before I would like to now yield 2 minutes played in laying the groundwork in he preceded me to Congress. to one of DONALD’s colleagues from helping make that change happen. During his service in this House, he New Jersey, Congressman HOLT. A true statesman and a humani- worked long and hard on issues that Mr. HOLT. I thank the gentlelady. tarian, DONALD’s death this morning Mr. Speaker, all of us are saddened literally cried out for attention. At home we all admired his steadfast already leaves an indescribable void. by the country’s loss of DON PAYNE, commitment to ensuring that our Na- DONALD PAYNE had a huge heart and a and it is going to be hard to get used to tion’s children had the best quality keen mind. And believe me, I will miss the absence of DON. education possible. them both. DON has been a good friend to me, Abroad he focused on global public Mrs. CHRISTENSEN. Thank you, someone I’ve looked up to here in Con- health issues like childhood survival Congresswoman WOOLSEY. gress. and human rights on the continent of I would now like to yield 2 minutes No one in Congress has been a strong- Africa and elsewhere. DON PAYNE took to another colleague from New Jersey, er advocate for equality of opportunity up the cause for suffering people Congressman LANCE. in education. No one in Congress has around the world and gave voice to Mr. LANCE. Thank you very much, been a greater advocate for children their plight even at great personal and thank you for yielding. services and youth development. No risk. The Payne family occupies a fabled one has been more knowledgeable Mr. Speaker, DON PAYNE loved Con- position in the history of Newark, New about Africa. No one has voted more gress, he loved public service, he loved Jersey’s largest and greatest city. The consistently for peaceful and non- New Jersey, and he loved his hometown whole family has been involved in pub- military resolutions to problems. No of Newark. lic service; and, of course, Congressman one has been more consistent in the I was proud to work with him to revi- PAYNE’s public service here is of almost fight to respect workers’ safety and talize the Passaic River in Newark, a quarter-century duration. workers’ conditions. that waterfront that for many years b 1610 Throughout all of this, DON PAYNE had remained inaccessible to the pub- Congressman PAYNE succeeded Con- was very attentive to the interests of lic. gressman Rodino, the distinguished the entire State of New Jersey and es- DON will be sorely missed, especially pecially to the interests of his con- for his dedicated service to his con- chairman of the House Judiciary Com- stituents. stituents over many decades. I’ll never mittee at the time of Watergate, well- He was instrumental in bringing forget his valuable service and his en- known in American history. Congress- international attention and condemna- during friendship. We’ve lost a great man Rodino succeeded Congressman tion to the genocide in Darfur, as we’ve principled man who lived a life from Hartley, who was the Congressman heard already. which we could all learn something. from that part of New Jersey for a gen- As a former educator, he brought an May the tributes and prayers of so eration, he, the author, with Senator invaluable perspective to our work to- many of his colleagues here this after- Taft, of the Taft-Hartley Act. gether on the Education Committee. noon today be a source of strength to Over the course of the 20th century, He was responsible for getting many his family. in the district that has been rep- millions of dollars to the PEPFAR pro- Thank you. resented by Congressman PAYNE for a gram for dealing with HIV, resistant Mrs. CHRISTENSEN. Thank you for quarter century, the provenance of TB, malaria around the world, and es- joining us and for offering those words that district is Fred Hartley, a Repub- pecially in Africa. I might add he did on behalf of Congressman PAYNE. lican, of the Taft-Hartley Act; Peter that with President Bush. I would now like to yield 2 minutes Rodino, the distinguished chairman of He was a strong advocate for an ade- to the Congresswoman from California, the Judiciary Committee during Wa- quate minimum wage. He was a key another dear friend of Congressman tergate; and now for 24 years, DONALD player in writing the College Cost Re- PAYNE, LYNN WOOLSEY. PAYNE. The character of that district is duction and Access Act to cut interest Ms. WOOLSEY. Mr. Speaker, I rise to the character of this Nation and cer- rates for college loans, to increase Pell pay tribute to a man I loved, a man I tainly the character of the great city Grants, and to provide loan forgiveness respected, a friend for life, and a men- of Newark over the course of the 20th to public service employees with stu- tor. and into the 21st century.

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.075 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1193 The Payne family not only includes I take a look at all of the capacities We are going to miss that leadership. the distinguished Congressman, but his that he served in in the State of New We are going to miss this dedication. brother, Bill Payne, with whom I had Jersey, I am just in awe, counting We are going to miss this mild-man- the honor of serving in the New Jersey Democratic chairman, executive of the nered man who loved his job, who loved Legislature. His brother, Bill, and I Prudential Insurance Company, vice his district. I’m always going to re- worked together in the creation of the president of Urban Data Systems, edu- member that he invited me to his dis- Amistad Commission in New Jersey. Of cating the New York and Passaic pub- trict on several occasions. I went up course, that commission dealing with lic school districts, a former national with DON, I campaigned with him. I the work of the great Amistad trial president of the YMCA, chairman of went about the community. He intro- based upon the mutiny in 1839 of a the World Refugee and Rehabilitation duced me to the ministers, and he was slave ship, so brilliantly defended by Committee—it goes on and on and on. well respected and loved in his district. John Quincy Adams, whose portrait And he brought with him to Congress Of course, we all know why, because hangs 10 feet from the entrance of the the same attitude, the same commit- he was dedicated to the district, and he House of Representatives. And in work- ment to service. did so much for the district. The dis- ing with Congressman PAYNE’s brother, Since his service in Congress, of trict is going to miss DON PAYNE. It Bill Payne, in the New Jersey Legisla- course, he left us as chair of the Con- will be hard to match the work that he ture, I got to know the Payne family gressional Black Caucus Foundation. did and his success and his achieve- and certainly, through his brother, He served as the chair of the Congres- ments. We’re going to remember each Bill, I got to know the Congressman, sional Black Caucus immediately prior time we’re involved in some of the and what a great honor for me to have to my being elected to the chair of the same issues that DON was involved in. Congressional Black Caucus, and I served here in Congress with DON We’re going to ask ourselves, what learned a lot from his service about PAYNE. would DON have done, and we’re going Mr. Speaker, finally, several days be- how to chair the Congressional Black to follow the thinking of DON PAYNE on fore Martin Luther King was assas- Caucus. those issues. DON PAYNE was known for several sinated in Memphis, he was in Newark, Mrs. CHRISTENSEN. Thank you, things but certainly known and re- and he was in Newark at the request of Congresswoman WATERS. spected for his commitment to edu- I yield 2 minutes to the Congressman leaders there, including DONALD PAYNE cation, closing the achievement gap, from Texas (Mr. AL GREEN). and William Payne. Among the most making sure that we expand opportuni- Mr. AL GREEN of Texas. I thank the prized possessions of the Payne family ties for the least of these with Pell gentlelady. are photographs of Martin Luther King Grants, making sure that he reduced Mr. Speaker, it is said that a politi- taken days before his assassination as the interest rates on some of the loans, cian will always rise to the occasion, the Paynes were attempting to bring the Stafford loans, for example. He was and the Honorable DON PAYNE did rise about justice in the city of Newark. known because he understood that as a to the occasion on many occasions. Certainly no Member of the House of public policy maker he could influence But it is also said that a statesman Representatives was more committed education in this country, and he cer- makes the occasion. DON PAYNE was to justice, not only here in this coun- tainly did that. more than a politician, he was a states- try, and within this country, in the I also would like to point to his man. He made the occasion in Darfur, city of Newark and the State of New record of achievement serving as the where he went to make sure those who Jersey, but justice across the world, so chair of the Africa Subcommittee of were suffering, among the very least, that children in poverty could have a the Foreign Affairs Committee, where among the very last and the lost, that decent quality of health care and, as he was the expert, unmatched. As a they would have an opportunity to has been cited, the Congressman al- matter of fact, DONALD PAYNE traveled have a better quality of life, and he was most lost his life in that regard. to Africa, East Africa, West Africa, to this day still working to help the The country is poorer for the loss of throughout his career, and he knew all people of Darfur. He made the occasion DONALD PAYNE, but this country is of these countries on the continent, when it came to AIDS, $50 million, $50 greater for his public service, his pub- and he knew the leaders, past and million to help those who are beset lic service on the governing body of the present. with this disease. city of Newark, his public service as a As a matter of fact, DON didn’t wait He made the occasion when it came county commissioner—we use the term for a codel of a lot of people to be orga- to working with his colleagues, pulling freeholder in Essex County, New Jer- nized to go to a troubled spot. DON us together, helping us unite to do sey—his public service to the entire would get on the airplane by himself, a things collectively that we could never State, and I respectfully suggest, to one-person codel, and travel, set up his do apart. He developed a symbiotic re- the United States of America. We own meetings with the leaders of those lationship among his many relation- mourn his loss, but we celebrate his countries, talk with them about what ships. When I think of DONALD PAYNE, life. was taking place in those countries and I will always remember that he was a Mrs. CHRISTENSEN. Thank you, get such an understanding of what person of honor. He honored his word. Congressman LANCE. needed to be done. He coupled all of To his friends his word meant some- I yield to the gentlewoman from this with the history of the countries thing, but more importantly, he hon- California, Congresswoman MAXINE of Africa. ored his word to foes, people who dis- WATERS, who I believe succeeded DON- DON was an educator, he was a teach- agreed with him. Once they had his ALD PAYNE as the chairperson of the er, he was a historian. So he knew a lot word, they had a word they could count Congressional Black Caucus. about the backgrounds of these coun- on. Ms. WATERS. I appreciate your orga- tries because he had studied that. I will remember that he was a person nizing the time for us to come to the When he coupled that information with who respected this institution. This in- floor and speak about our friend, DON- what was going on at the present time stitution meant something to the Hon- ALD PAYNE. We are all so sad, and we that he was visiting and working on orable DON PAYNE. are going to miss him, but we also issues in those countries, he made it all know that the service that he gave to come together, and he helped us all to b 1620 this country, even long before he came understand. He was our go-to person on What this institution stood for and to the Congress of the United States, Africa for sure. how we could utilize this institution to and the service that he has given to When we wanted to know what was make a difference in the lives of others this country since being a Member of going on—and some people who were was important to him. He was a person Congress, is unmatched by any Member not that involved in foreign affairs and of valor. He would stand with you. He of Congress. in Africa, they just followed his vote. was determined. He was a fighter. He DONALD PAYNE was a true servant When they looked upon that panel, came under fire, I’m told, in Africa as who not only served his State of New they looked at how DON PAYNE was he was trying to help others. Jersey, but DONALD PAYNE was some- voting, and then they followed his lead- And finally, I will say this: I truly do one who took care of his district. When ership. believe that God is good all the time.

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.072 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1194 CONGRESSIONAL RECORD — HOUSE March 6, 2012 Even under circumstances such as God bless him, God bless his family; to be debated. He will be missed in his these, I believe God is good because we and thank you, DON PAYNE, for the home State of New Jersey where he didn’t have to have him for 77 years. great work you did in the U.S. House of was so revered and respected by his We didn’t have to have him in this Representatives. constituents whom he so faithfully House for 12 terms. I didn’t have to Mrs. CHRISTENSEN. I thank Con- served. He will be missed especially by have him as a friend for 8 years. I be- gressman SMITH, and now I’d like to the thousands and, indeed, countless lieve that God is good all the time, and yield to the gentleman from Michigan people whom we will never know who I am so proud that God allowed him to (Congressman CLARKE). he inspired and he impacted through- come this way and I had the benefit of Mr. CLARKE of Michigan. Mr. out his tenure and long career in public calling him my friend. Speaker, I want to thank the gentle- service. DON, we love you, and I know that woman from the Virgin Islands for So without a doubt, Congressman wherever you are, there is a statesman yielding to me. DON PAYNE’s contributions will be re- there who is making the occasion. I am one of the newest members of membered for many years to come, and Mrs. CHRISTENSEN. I thank Con- the Congressional Black Caucus. Being our thoughts and prayers are with all gressman GREEN, and now I would like a freshman here in this body, you be- of the Members of the Payne family to yield to another colleague from New come immediately aware of the tradi- and all of the people whom he touched Jersey and friend of DONALD PAYNE, tions of the House. For example, male in a very special way. Congressman CHRIS SMITH. Members of the House are referred to I thank the gentlelady for the time; Mr. SMITH of New Jersey. I thank as the gentleman from the State that and in our Foreign Affairs Committee you very much and appreciate the gen- they represent. DONALD PAYNE was a tomorrow, we will hold a special re- tlelady for yielding. Let me join my gentleman not because he was elected membrance for Congressman DON distinguished colleagues in expressing to Congress but because he was a good, PAYNE. our deepest condolences to DON decent human being. He welcomed me Mrs. CHRISTENSEN. Thank you, PAYNE’s family. He was truly a re- with open arms as a new guy from De- Congresswoman ROS-LEHTINEN. And markable man. I had the privilege of troit that very few in the House even sitting next to him for about 15 years now I would like to yield to the gen- knew about. as I was the chairman or he was the tleman from American Samoa, Con- Less than 2 weeks ago, DONALD chairman of the Human Rights Com- gressman FALEOMAVAEGA. PAYNE returned a call that I had placed 1630 mittee, the Africa Committee as well. I to him. We had a short, but gracious, b was his ranking, he was my chairman, conversation. And I knew after I hung Mr. FALEOMAVAEGA. I do want to and we always worked in a very cooper- up the phone that I would see him soon thank the gentlelady from the Virgin ative way. We always had mutual re- right here in the Halls of Congress, but Islands for managing the time for our spect, and he had such a deep compas- that never came to pass. The lesson is colleagues in this Special Order that sion for the people who have suffered so clear to all of us: our time, our life has been taken to honor our good much on the subcontinent of Africa. here on Earth is very fleeting. Let’s do friend who has just passed away, Con- DON PAYNE was quiet, but always de- gressman DON PAYNE. termined. Extremely thoughtful, a hu- everything we can to cherish each mo- ment, not necessarily to pursue a wild Congressman DON PAYNE was my manitarian in the extreme, and he classmate. We sat next to each other fought for so many important issues. ambition or do a lot of things, but just for the past 23 years as members of the You know, it was not a slam dunk or in to be like DONALD PAYNE, respecting House Foreign Affairs Committee. We any way a given that PEPFAR, the others, caring for others. That’s what were talking about the situation where President’s Emergency Plan for AIDS he stood for. Mrs. CHRISTENSEN. I now would it looked very interesting as proud Relief, would become law. DON was Americans, and yet we knew something there working in a bipartisan way to like to yield to the gentlewoman from was missing here in terms of the activi- ensure that sufficient funding, suffi- Florida (Ms. ROS-LEHTINEN). ties of how our foreign policies have cient authorities were given to the U.S. Ms. ROS-LEHTINEN. I thank the come about, in doing things about our Agency for International Development gentlelady for yielding me this time. relationship with other countries, so to mount a massive effort to combat Just a few hours ago, we lost a dear the pandemic of HIV/AIDS. He did the friend, an esteemed and honored and DON PAYNE was committed to looking same thing with malaria and the Ma- respected colleague, Congressman DON after the needs of what are our foreign laria Caucus, and he did the same thing PAYNE of New Jersey. policies towards Africa. My commit- with tuberculosis, which sadly is an op- DON was a proud member of the New ment was to find out what are our for- portunistic disease that afflicts so Jersey delegation. He was a faithful eign policies towards the Asia and the many people who have HIV/AIDS. servant to his constituents. For more Pacific region. On the Sudan Peace Act, again when than two decades, he served them in I want to share this little interesting we were looking and working so hard this body. He was also a committed thought with my colleagues. When DON to try to stop the slaughter in South member of our Foreign Affairs Com- PAYNE and I first became members of Sudan, there was DON PAYNE working mittee. He was chairman and the rank- the House Foreign Affairs Committee, every day of the week to ensure that ing Democrat on the Subcommittee on hardly any of the members wanted to somehow peace would break out and Africa, Global Health and Human be on the Asia and the Pacific or Africa the genocide would end there, as well Rights; and in that capacity he showed subcommittees. The mentality here in as in Darfur. us his unwavering commitment to Washington was entirely towards Eu- Again, I know that he cared deeply fighting diseases worldwide, but espe- rope and the Middle East. Being mem- because I was there having those con- cially in Africa. He shone the light on bers of these two subcommittees was versations with him day in and day human rights abuses throughout the almost like the pits. They were not out. You know, very often in my Sub- world. DON’s tireless efforts provided a even on the radar screen, weren’t even committee on Human Rights when I voice for the afflicted and for the op- given any real sense of priority or in- chaired that and he was the ranking pressed. terest. member, we would go on receiving tes- We are saddened as an institution, as I want to say to my colleagues that timony, debating for hours. There a body, and as friends by the loss of it has been truly an honor to be sitting would be two Members left standing in such a courageous and loyal and con- next to my brother, DON PAYNE, and to the room, DON PAYNE and me, because scientious public servant. DON will be commit to the idea that as a champion he cared so deeply about human rights greatly missed by our Foreign Affairs and advocate for the needs of the poor, globally, as well as in Africa. He will be Committee because he was such a tire- the great champion of human rights deeply missed. Again, a great man, a less advocate for the causes for which throughout the world, not just towards great friend, and his passing is he felt such passion. Africa, but all other regions of the mourned by everyone in this Chamber He will be missed here on the House world, DON PAYNE and I worked on the and everybody in the State of New Jer- floor because he was ever present plight, the needs of the people of West sey. whenever there was an important issue Papua, New Guinea.

VerDate Mar 15 2010 04:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.078 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1195 I always have remembered DON the world and always listened care- other members of the Congressional Black PAYNE’s admonition to me every time fully, as everyone did, when DON spoke Caucus can easily identify with the Catholic we discussed issues about fairness and with the kind of knowledge that he had minorities. I recognize many similarities in equality. He said, about all things dealing with foreign how they are treated with how people here were treated.’’ Eni, let me just remind you of what Martin relations, about all things dealing with Donald was a thoughtful, generous and Luther King, Jr., once said: ‘‘In the end, we human rights. So my heart goes out to well-informed politician who was personally will not remember the words of our enemies, my good friend, Bill Payne, to the chil- dedicated to improving conditions for others but the silence of our friends.’’ dren and grandchildren and one great and who worked diligently on behalf of his I think it’s so true in terms of what grandchild of DONALD PAYNE, my be- constituents and of his party. he instituted in my own heart and loved friend, whom I’ll miss so much. He will be remembered with gratitude and mind: you can’t just sit back and just Mrs. CHRISTENSEN. Thank you, real affection for his support at difficult and dangerous times in Ireland—in difficult and let things go by. We’ve got to be out Congresswoman SCHAKOWSKY. there being proactive and expressing dangerous times all over the world. He will I would now like to yield 2 minutes be sadly missed by his constituents, by peo- ideas that will solve the many issues to another colleague of DON PAYNE ple the world over. I want to extend regrets and the problems that we are faced from New Jersey, Congressman BILL and deepest sympathy to his family and his with, not only in our own country, but PASCRELL. friends. throughout the world. Mr. PASCRELL. Ladies and gentle- Go ndeanfaidh dia trocaire ar a n’anam I want to express my deepest sym- men, the House has lost a real advo- dilis—may he rest in peace, and may all of pathies and condolences to the family cate, a person who respected this insti- his friends gather in this institution that he loved so well. of my brother, Congressman DON tution and who understood what it was. PAYNE. And I’m reminded of the say- So I know I speak for all of us when b 1640 ing, ‘‘blessed are the peacemakers, for I say our condolences to the family and Mrs. CHRISTENSEN. Thank you, they shall be called the children of our condolences to his constituents. He Congressman PASCRELL. And thank God.’’ This truly was a peacemaker, served most distinctly. you for bringing the sympathies of whom I’ve had the honor and privilege Rather than tell you some things I Sinn Fein to the floor. of witnessing his life as an example not was going to prepare myself about my I would now like to yield 2 minutes only to our colleagues, but certainly to relationship with DONALD, I got a let- to a person who served with DON for the Members of the American people. ter this afternoon, and I think it’s ap- quite awhile on the Foreign Affairs Both in deed and by his conduct, DON propriate if I read this letter on the Committee, Chairman DAN BURTON of PAYNE was truly a statesman, and his floor of the House because it tells us Indiana. voice will be surely missed in the years that DONALD PAYNE was not just inter- Mr. BURTON of Indiana. I thank the to come. ested in Africa. His interests as a hu- gentlelady for yielding. Mr. Speaker, I am so happy to see manitarian went beyond that. You know, we judge, as Congressmen, that so many of our colleagues are here Sinn Fein President Gerry Adams our colleagues based upon their ability to pay special tribute to this great has spoken of the deep sadness at the and how hard they work. But the thing man, a gentle man, and yet by such death of United States Congressman I liked about DON PAYNE, as a col- great tremendous example showing us DONALD PAYNE. On behalf of Sinn Fein, league with whom I worked for 24 years what we should be doing: going about on the Foreign Affairs Committee, was and helping other people. I want to and all of those in Ireland who met he was a nice guy. He was really a nice wish him well. We have a saying in my Congressman PAYNE on his many visits guy. Even when we had our dif- culture, ‘‘Ia manuia lau faiga mal- here, the Sinn Fein leader extended his ferences—and there were many when aga’’—‘‘May you have a good voyage.’’ deepest sympathy to Congressman Mrs. CHRISTENSEN. I thank the PAYNE’s children and his family circle we served on the Africa Subcommittee gentleman from American Samoa. and many friends. And this is what together—we would debate, and then I would now like to yield 2 minutes Gerry’s own words are: we would walk together down the hall to the gentlelady from Illinois, Con- Donald Payne was a champion for the dis- and talk as friends and still discuss our gresswoman JAN SCHAKOWSKY. advantaged and the downtrodden in the differences, but we did it in such a Ms. SCHAKOWSKY. Thank you for United States and around the world. He de- friendly way, and I really liked the this opportunity to speak about a real- voted his life to promoting civil rights, guy. equality and democracy. ly good friend of mine, DON PAYNE. One of the things I think is so impor- When I heard that his situation was My friends, just think who is saying tant is we really don’t get to know grave, I gave a call to his brother, Bill, this. A man of valor, a very courageous each other too much in this place. We whom I had gotten to know on trips person, Gerry Adams. This is how close have 435 of us. And people come who that he and DON took, and had the we are in the tribe of humanity and are wealthy and some who are very privilege then of speaking with DON. He how many times we fail to recognize it. poor, some who came from bad begin- was in hospice. This was just a couple I met Donald many times both in Wash- nings and tough beginnings and some of days ago. And I was able to tell him ington and in Ireland. He was always very in- come from the top; and we don’t get to how much I loved him and able to tell terested in Ireland and had visited the north know each other very well. But I knew him that I hoped that he found peace before the cessations in the mid-1990s. Don- DON PAYNE because he worked so hard ald was very supportive of the Irish peace for the people he represented in New- and comfort in the knowledge that he process from the beginning and was a regular helped so many people in this world. participant in briefings which I and other ark, and he really fought for them. DON PAYNE was a real citizen of the Sinn Fein visitors gave to political leaders He wanted a garage in Newark be- world, a quiet and dignified gentleman, on Capitol Hill. cause of the business downtown. I re- member I fought him on that garage but he had a fierce commitment to jus- Many of us were there, many of us in and we were able to stop it. And I think tice and human rights everywhere. He this room. was really the de facto ambassador to one of the things I’ll regret the day I He was also a frequent member of congres- leave this place is that I stopped that Africa. No one in this Congress knew or sional delegations that visited Ireland. Don- cared more for the people of Africa. He ald will also be fondly remembered by citi- garage because I think DON PAYNE, as also personally knew the leaders, and zens on Garvaghy Road, in north Belfast, and the kind of guy he was, really felt like they knew and respected him. His the Short Strand, which he visited at a time it was needed for Newark. And DON, if knowledge and his relationships will when efforts were being made to force con- you’re listening, if I had a chance, I’d leave a big hole here. He was the go-to troversial Orange marches through those dis- vote differently on that thing. person. If you wanted to know any- tricts. But anyhow, he was a nice guy. He thing about what was going on, the po- His experience as a civil rights campaigner was a credit to the Congress of the resonated with his audience in west Belfast United States and to everybody who litical situation, or who was who on when he spoke there during the west Belfast the continent, DON PAYNE was the one Feile on the issue of equality and anti-dis- knew him. I’d like to say to his family to go to. crimination legislation. that I extend my deepest sympathies, As I said, I was able to travel with During a debate in Washington on the as the other speakers have said, but I’d DON and Bill to many places around McBride principles he remarked that: ‘‘I and also like to say that to his staff. I

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.079 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1196 CONGRESSIONAL RECORD — HOUSE March 6, 2012 know his staff is going through a dif- His voice has sadly been stilled; but from Tennessee (Mr. ROE) is recognized ficult time right now as well as his let us celebrate the fact that his im- for 60 minutes as the designee of the family, so I want to extend my deepest pact will live in our world, in our coun- majority leader. sympathy to them as well. try, in our institution, and in our Mr. ROE of Tennessee. I yield to your Mrs. CHRISTENSEN. Thank you, hearts forever. May God bless his fam- next speaker. Chairman BURTON. ily and comfort them at this time of af- Mrs. CHRISTENSEN. The next At this time, I would like to yield 2 fliction. speaker would be Congressman EMAN- minutes to another colleague from New Mrs. CHRISTENSEN. Thank you, UEL CLEAVER, the chair of the Congres- Jersey, Congressman ROB ANDREWS. Congressman ANDREWS. sional Black Caucus. Mr. ANDREWS. I thank my friend for At this time, I would like to yield 2 Mr. CLEAVER. Mr. Speaker, this is yielding. minutes to the gentleman from Troy, not one of the highlights of stepping Sometimes the quietest voices are the gentleman from Georgia, Congress- into the well of the House. This is a the ones that have the greatest impact. man JOHN LEWIS. moment that does not yield great joy, DONALD PAYNE always spoke quietly, Mr. LEWIS of Georgia. I want to at least not for what just happened in humbly; but as we reflect on his life, thank the gentlelady for yielding. terms of the death of my friend and my the impact is monumental. I rise today to honor the memory of colleague, DONALD PAYNE. There is, Tonight, there are villages in Africa our beloved colleague, the distin- however, some joy, and the joy is re- where people have self-determination, guished gentleman from the State of lated to the fact that I had the oppor- ONALD AYNE human dignity, education, and health New Jersey, DONALD PAYNE. tunity to know D P , and I care because of the impact of his voice Today we have lost a wonderful and believe that my life was enriched be- and his life. There are people working good friend, and the people of the 10th cause of it. During his final days here in Wash- in the city of Newark, the counties of District of New Jersey have lost a fear- ington, I had a number of conversa- Essex and Union and Hudson because of less leader and advocate. tions with him at Georgetown Hospital businesses he helped to bring and Any American can be elected to pub- where I tried to, and was successful at schools he helped to build and progress lic office, but not everyone can serve least on a couple of occasions, in get- he helped to make. with dignity and great respect. DONALD ting him to laugh, even as he experi- As we heard my friend BILL PAS- PAYNE, my friend, my brother, enjoyed enced excruciating pain in his hospital CRELL talk about, there are people in the admiration of his colleagues be- bed. Ireland from very different heritages cause he led by example, and through DONALD PAYNE can be observed by all and backgrounds that DONALD brought quiet, determined diplomacy he accom- Members of the House, and from that here who are celebrating his life be- plished a great deal. cause of the reach of his voice and of observation, we can extract something A deep sensitivity to the human con- that can make this place better. DON- his life. dition was at the center of all he did. I think, most importantly, the im- ALD PAYNE was about as good and de- His work was an extension of the belief cent a human being as has ever walked pact of his voice is the hollowness and that each of us has a responsibility to sorrow that we all feel here in this in- the Halls of this stately House. serve one another, and that we must At a time when many elected offi- stitution because the quietness of his use the power and resources of a great cials believe that acidic language, acri- voice brought us together at times of Nation to relieve the burdens of the mony, and red meat discussions are the discord and stress. DONALD believed poor, the oppressed, the hungry, and order of the day, DONALD PAYNE was passionately in his progressive ide- the sick. That is why this former pub- firm, soft-spoken, and respectful. No ology, but he believed with equal pas- lic school teacher wanted to unlock the matter what happened, you could sion in tolerance for those who dis- power of education to free those who count on DONALD PAYNE being calm puted it. DONALD fought fiercely for the are struggling in the urban centers in through it, except on one occasion, causes in which he and I believed and America. And that is why he was a which I will not talk about on the he and others believed, but he never tireless advocate for the people of Afri- floor. We’ll talk about it later, but not fought the rights of others to express ca because a heartfelt compassion here. differing views. He cared very person- guided all that he did. But DONALD PAYNE was a man who ally about his causes, but he never In a time when the needs of the poor was as peaceful in private as he was in took personally those who disagreed are hardly spoken, when the cries of committee or even on the floor. He had with him. This is a lesson that we the locked out and left behind are rare- a passion for the diaspora. And I joked should learn and abide by in this insti- ly heard, the Chamber will deeply miss with him that everywhere I’ve ever tution in years to come because it a gentle statesman with a heart that gone in the diaspora, people asked makes us better people and it makes was big enough to serve all humankind. about him. our institution stronger. The thoughts and prayers of the peo- Just 1 week before he died, 1 week, I Later this week, it is a remarkable ple of the Fifth District of Georgia and met with a representative from Brazil thing that this humble young man, a many Members of this Congress are who was inviting members of the Con- school teacher, a leader in the YMCA with his family, staff, and friends now gressional Black Caucus to come to who at the beginning of his career lost as they move through a difficult time. Brazil to meet with their caucus and many more elections than he won—lost Just know that DONALD PAYNE was they would send members here. Before two elections for the county executive loved, and he will be deeply missed, not the meeting ended, as I knew would position, lost multiple attempts to be- only by the people of the 10th District happen, he asked about DONALD PAYNE. come elected to this House of Rep- of New Jersey, but by people around And I don’t believe there is an elected resentatives, and then triumphed— this Nation and all around the world. official or a king or prince or a poten- someone from those humble beginnings tate in the diaspora who does not know b 1650 that world leaders will come to a place the name of DONALD PAYNE. of worship in the city of Newark to Mrs. CHRISTENSEN. We are coming And what I hope will happen is one of commemorate his life. close to the end of our hour. I think the Members will pick up the mantle But I think what’s more indicative of our colleague will probably yield us and delve into the issues and matters DONALD’s contribution is that as those some time, but I would like to close of foreign relations as has DONALD world leaders come through Newark out this particular hour, and I ask PAYNE. Somebody needs to step up to Airport into the city that DONALD unanimous consent to extend the hour the plate and do that. loved, there will be janitors and school to allow the Members who are on the My final comment is this: I hate can- teachers and truck drivers and day floor to speak. cer. I hate cancer. I can’t think of a care providers and laborers and elec- The SPEAKER pro tempore. The human being that I hate, but I hate tricians and Americans of all walks of Chair cannot entertain a request to ex- cancer. And in my hatred of cancer, I life, people of all walks of life who will tend a special-order speech. have come to the realization that all of know and acknowledge the great im- Under the Speaker’s announced pol- us are temporary, that we are not per- pact of this quiet voice. icy of January 5, 2011, the gentleman manent creatures. No matter how

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.081 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1197 strong and healthy we feel we are, we the AME university, and they were act of worship. To ignore those needs is are all temporary. And if we under- honoring DONALD PAYNE for his every- to dishonor the God who made us. DON- stand our temporariness, it might in- thing, for what he knew about Africa, ALD PAYNE was all about worshipping spire us to be just a little better, a lit- for his values and how he was con- God by ministering to the needs. tle kinder, a little nicer, a little more cerned about, again, policy as it re- He was an expert on economic, polit- receptive to others, because we are lated to people, the encyclopedic ical, and security situations through- temporary, at least in this place. knowledge that he had, the great wis- out Africa, and I had the honor of Now, I conclude by saying that life dom that sprang from that knowledge, nominating him, recognizing his ex- must end, but death is not a cul-de-sac. the plans that he always had to make traordinary work around the world. I It leads somewhere. And if DONALD things better, and the way people just was proud to recommend that Presi- PAYNE is not there, that door must be flocked to him because they would dent George W. Bush name Congress- locked and the rest of us can give up. learn, they would be inspired, and they man PAYNE, our representative of the He was about as good and decent and would love DONALD PAYNE. House Democrats, at the United Na- loving a human being who’s walked It was boiling hot. And we go there tions. Usually it was just for one term. these Halls, and I’m glad that God gave and they decide that we’re all going to In the case of DONALD PAYNE, we went me the chance to know him. dress alike that day, so it even got hot- well beyond that in recognition of the Mr. ROE of Tennessee. I now would ter as we donned our robes. And here extraordinary contribution that he like to yield time to the minority lead- we were, seeing—not only telling them makes. er from California (Ms. PELOSI). the esteem with which he was held in So again, whether it was in his own Ms. PELOSI. Thank you, Mr. ROE, for Congress, that was the least of it, be- district, whether it was Newark, New yielding. I thank you and I thank our cause what we were hearing was what Jersey, or across the world, he was a colleague, Congresswoman CHRISTEN- people from around Africa, the esteem powerful and passionate voice. I hope SEN, for taking this Special Order in which they held him, named a li- it’s a comfort to his children—to Don- today so that we can sing the praises of brary for him at that university in Li- ald, Jr., to Wanda, and Nicole—and all a great man, our colleague, dear friend, beria. who loved DONALD PAYNE, his dear precious person, DONALD PAYNE. He was a schoolteacher, and he never brother, Bill, who traveled with him I waited. I said I wanted to go after forgot how important it was for us to frequently and loved him so much, I Mr. CLEAVER because I didn’t know put our students first. He called them hope it’s a comfort to them that so how I was going to even have the the bright lights of our Nation’s future, many people who knew him well, loved strength to come to the floor because for investing in their potential, for in- him so much, mourn their loss and are this is a personal as well as official loss spiring them to succeed, igniting the praying for them at this sad time. to many of us here. And he is always a sparks that they had within them to do With that, Mr. Speaker, I again source of strength to us, putting in per- their very best. thank Mr. ROE and Congresswoman spective the fragility of life and the He was very proud of Newark and CHRISTENSEN for the opportunity to say value that we must place on the con- serving there. I remember when he first just a few things about our dear friend tribution of all of our colleagues, espe- came here, his work on behalf of his who will be sadly missed and long re- cially when we are blessed with the constituents, his neighbors, the middle membered. His legacy lives on in the life, service, and leadership of someone class, working people, people who were Congress of the United States. like DONALD PAYNE. There are very few striving to reach up into the middle Mr. ROE of Tennessee. I would now people that you can say ‘‘someone like class, he was always working for them. like to yield time to the distinguished Donald Payne,’’ because he was excep- gentleman from Maryland, Mr. STENY tional and unique. b 1700 HOYER. When the distinguished Mr. CLEAVER He was New Jersey’s, as has been and Reverend CLEAVER says that we mentioned, first African American Mr. HOYER. I thank the gentleman have to fill in where and take his man- Member of Congress. He remained a for yielding. tle, that would be almost impossible to committed champion of equality and This is a sad day for America. It’s a do because, over a lifetime, in public opportunity for all. His accomplish- sad day for the Congress. It’s a sad day service, and a long time in the Con- ments, both on his committee, where for our African American brothers and gress of the United States, DONALD he served with Congressman GEORGE sisters who have lost a real leader and PAYNE gained standing on issues that MILLER, who holds him in the highest an extraordinary friend. takes years to do. But he did teach us esteem, and now the Foreign Affairs I first met DONALD PAYNE when I was along the way. He gave us guidance on Committee, where he serves with Con- in my mid-twenties. He was active in what paths to follow, what clues to rec- gressman HOWARD BERMAN. Well, to the Young Democrats in New Jersey, ognize, and doing the right thing, hear the two of them talk today as if and I was active in the Young Demo- whether it was in the continent of they have lost a brother, and we all crats in Maryland, and that’s how we Asia, Africa, or Latin America, wher- have. first met. DON was about 6 years older ever it was, and in our own country. We all have an appreciation of his than I am. When you’re in your middle I had the privilege of traveling with hard work ethic. The knowledge that twenties, somebody in their thirties is DONALD PAYNE when we were going to he brought to his subject, the concern really old. But we all saw him as a very Darfur. He didn’t want to go to the he had for the American people, and serious individual, serious about his ac- Sudan. He’d been there many times, the love he had for our country. tivities, serious about his objectives, Darfur, but he was at that moment Just think, last week we had a visit serious about the people. boycotting the regime in Khartoum be- to our office from Bill Gates coming to He had an extraordinarily productive cause of how they treated their people our office to talk about the issue of career. As the leader has mentioned there. And while we were in Khartoum global health, and he asked if DONALD and as I know other speakers before me and in Darfur, he was in Ethiopia and PAYNE could be in the meeting. We had have mentioned, he was a teacher. He Somalia and the rest, always working, hoped that would be possible but then was a teacher in the tradition of Fred- always working to have policy advice had to say that he was not feeling well erick Douglass. Frederick Douglass, a to all of us and caring about what the that day. That was a week ago. fellow Marylander, said that it is easier impact of that policy was on people. But up until the end, he was in de- to build strong children than it is to What was interesting to us, though, mand, recognized for his, again, stand- repair broken men. DONALD PAYNE was it was on that same trip to Africa, ing on issues that related to the allevi- focused on that concept as a teacher. which many of the members of the ation of poverty, the eradication of dis- Then throughout his life, he was fo- Congressional Black Caucus were on, ease, again, alleviation of hunger cused on making sure that America including our distinguished assistant throughout the world. What more kept the faith with people around the leader, Mr. CLYBURN, when we went to could be about the gospel of Matthew world; that its values, that its hopes, Liberia it was a boiling hot day. And than ministering to the needs of God’s its visions for ourselves were also our we all went to the AME college there, creation, which the Bible tells us is an hopes and visions for others.

VerDate Mar 15 2010 06:47 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.083 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1198 CONGRESSIONAL RECORD — HOUSE March 6, 2012 DONALD PAYNE, before he came to the DONNA CHRISTENSEN for her leadership love in that room. I had, I would call Congress, I think had traveled to more in bringing us all together this it, the humble privilege to visit him at countries than perhaps any other Mem- evening. Georgetown Hospital, where his broth- ber of Congress. He cared about people, This is a wonderful way, when this er and sister were in the room as well and particularly people who lived in RECORD is read of this Special Order for as the chief of staff, and to have him Africa. I think there was no Member DONALD PAYNE, for everyone to know smile as some of our colleagues have who knew Africa better than DONALD the depth of the love and respect that said. In the course of being in the PAYNE, no Member who risked more for we all had for this great and gentle room, I heard that the former Presi- the welfare of those who lived on that human being. dent of South Africa, President Mbeki, continent. He was a committed public servant was trying to reach him. My first trip as majority leader, I and a true champion for social and eco- There would be a long list of Presi- went to Sudan and to Darfur. I made nomic justice at home and around the dents and former Presidents and others that my first trip because, at that world. He had a global perspective that of great renown trying to reach him; point in time, it was one of the most helped teach us that all of the 6.4 bil- but you cannot in any way doubt the troubled—and still remains—lands in lion people on Earth are connected and fact that in his acceptance and ac- our globe. DONALD PAYNE, unfortu- related. So when I was asked to cam- knowledgment by all of those iconic nately, could not go on that trip. He paign for his first run for Congress that figures, President Mandela as well, had another thing to do. I knew about, which was in 1988, I was that he as a progressive stood along But we had a briefing before we went, pleased to do so. I traveled to Newark with the family members he loved, and DONALD PAYNE was there. It was and joined with him in that victory. I whether it was his son, who was a clear from those who briefed us that remember being struck by his deep de- council member, and his other children DONALD PAYNE was obviously the per- sire to help people, and I had no idea or Bill Payne, and epitomized the son they looked to for knowledge and that he would grow and develop into struggles of a generation of African insight into how we could get from this leader whom we mourn and praise Americans in Newark and New Jersey where we were then to the plebiscite, here today. in the 1950s and the 1960s, and he was to what is now the independent South Through his work as a member of the on the front lines of fighting for equal Sudan, and hopefully it will remain so, House Education and the Workforce rights out of the North Ward. notwithstanding the violence of Sudan Committee and of the Foreign Affairs Oh, leave it only to DONALD PAYNE to itself. Committee, he led the fight to address talk about New Jersey politics, and he DONALD PAYNE was an extraor- inequities in every realm of existence. loved it. He had an iconic presence, but dinarily conscientious Member of this He was a great proponent for peace. I he also had a leadership, boss-man body, but more than that, he was a must say that I am convinced that he presence—and I say that lovingly—be- man who cared about his fellow man had the spirit and the philosophy of Dr. cause if you needed something in that and fellow woman. DONALD PAYNE was Martin Luther King, Jr., that he lived area, as my good friends, Brothers PAL- a serious Member of this body. and demonstrated every single day of LONE and PASCRELL out of that area, That does not mean he was always his life. He is the one Member of whom knew, no matter who you were in his serious. He had a sense of humor. He I can say I never saw angry, I never district who needed something, you was a wonderful, engaging person, but saw upset. When I was able to take him could get ahold of DON PAYNE. He loved he was serious about what he did, and away from his African commitments, I the richness of his district and its di- it reflected how deeply he cared about took him to Haiti, where he imme- versity, but you can be sure that he those whom he served and about his diately understood the depth of the suf- was fighting for the poor and dispos- country. fering and the tragedy that required us We could all speak for Special Order sessed. to go back again and again and again. Maybe that’s what brought him to after Special Order after Special Order So, DONALD PAYNE, what has been his affinity and kinship for Africa. One and still not reach the magnitude of said of you today is only a small token of my predecessors, Mickey Leland, praise and thanks that he deserves. of the contributions that you have whom DON PAYNE knew, we always said Suffice it to say that this body was a made during your life. You will be died on the side of an Ethiopian moun- better place for his service. As Rev- missed by your colleagues. You will be tain while trying to feed those who erend CLEAVER so eloquently intoned, mourned by your family. You will be could not feed themselves. we were better people for having been treasured by many people in many But DON PAYNE was everywhere, from his friend and his colleague and his co- places on this globe. Ethiopia, to Sudan, to South Africa, to worker. Mr. ROE of Tennessee. I will now Angola, to the Congo, to Ghana, to Li- I am pleased to join all of you who, take the opportunity to yield 2 min- beria. He was in all of those, if you like me, knew DONALD PAYNE as a utes to the gentlelady from Texas (Ms. will, conflicts where he wanted to bring Member of Congress, yes, but as a JACKSON LEE). about peace. He counseled Presidents— human being, as an individual, as Ms. JACKSON LEE of Texas. I want Republicans and Democrats. I remem- someone who cared about us, and we to thank my distinguished friend for ber Bill Clinton’s historic trip, and you cared about him. your kindness and generosity in yield- can be assured that DONALD PAYNE was I join Leader PELOSI and all of you and our friends on the other side of the ing the time and to the Speaker. I want at the nexus of drawing him to making to thank Dr. CHRISTENSEN for starting that historic trip. I believe, in 1998, he aisle, because DON worked across the us on this journey, and I want to thank counseled George Bush and others, and aisle. DON was not an observer of par- tisan differences, although he under- the Speaker for being educated by he counseled President Obama. I don’t know if many of you know stood they existed. His objective was to these powerful words of my colleagues. I do want to say that, if you had to that DONALD PAYNE was a longshore- work with all for the betterment of all. So, I’m pleased to have this oppor- give a tribute biblically to DONALD man who worked on many different tunity to join all of you in thanking PAYNE, you would certainly quote from places; but when reminded of his work Timothy in saying, ‘‘I fought the good as a longshoreman, he said, I loved the God that He gave us DON PAYNE, that He gave him sufficient years to make fight.’’ I am grateful to also say that port. I heard a Member talk about an extraordinary mark here in this DONALD PAYNE had a lot of fun in life. that, I believe, but he loved the work- country and around the world. Some of us can trace our friendship to ing person. years past, to decades past; but I know Let me just conclude, as I salute him b 1710 that, as the world loves DONALD PAYNE, for being the progressive who did not Mr. ROE of Tennessee. Mr. Speaker, I he loved Newark and New Jersey. forget the poor as well as being one would now like to yield time to the I had the good pleasure of joining who could speak eloquently with the dean of the Michigan delegation, Mr. him and his friends during the last leaders of international positions CONYERS. Congressional Black Caucus. We had a around the world, albeit that he was Mr. CONYERS. I thank the gen- variety of receptions to meet our con- coach and teacher and council member tleman for yielding to me. I also thank stituents, and there was nothing but and ethic freeholder, that I remember

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.085 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1199 traveling to Africa on occasions, plu- plane sustained small arms gun fire from the The Speaker recognized that the Carib- ral. In this instance, what I would say, ground, according to CNN. The congressman bean was a gateway not only for ter- beyond having known that in Somalia had earlier that same day discussed the crisis rorism, but also a number of other he was almost, in essence, taken down, of piracy off the failed state’s coast. issues. DON and I accepted that role, is that many of you will remember the DONALD PAYNE grew up in a section of the had a number of trips down to the Car- first Kabila, the father of the present North Ward known as Doodletown and worked ibbean, but also met with Caribbean President of the Congo, and you will on the docks in his young manhood. ‘‘I love leaders here in Washington, D.C. know that that area has always been in this place,’’ he told longshoremen at a 2008 DON was always upbeat, DON was al- conflict and that DONALD PAYNE never campaign stop at Port Newark. ‘‘I worked ways looking for answers and responses shunned going into conflict. down here from 1952 to 1956, on Doremus to the needs of our friends in the Carib- b 1720 Avenue, where they used to have about one bean, and really found a way to cut ship a week, believe me. But we’re so glad to some good friendships with people to Two places we went: Angola, when it see this port come to where it is today.’’ where they became better friends of was still in conflict. DONALD PAYNE At the beginning of their careers, he and his the United States Congress and the said, Well, I know we can meet the older brother worked in tandem as they sought United States because of his personal President in his castle and office and greater African-American representation within involvement in issues and matters. the place where he is, but I’m going up the Newark Democratic Party, with Bill Payne I enjoyed working with DON. He ac- in the bush, and if you all are with me, very early gaining a reputation as the aggres- cepted not only his role and mine, us we’re getting on this little one-pro- sive activist and DONALD PAYNE showing skills working together—I as a younger Mem- peller plane—not two propellers—it as a diplomat. Never an obvious self-pro- ber, he as a senior Member. He wel- only had one—and we’re going to go up moter, DONALD PAYNE as a public person em- comed my advances or ideas and there and meet with the opponent of bodied old school qualities of humility and thoughts. the President. toughness. He seldom sought out a micro- It was difficult for me also as I was We sat with DONALD PAYNE, encour- phone but commanded attention naturally by walking into the Capitol a few minutes aging this opponent to put down his being a presence in the room. ago to see the beautiful flag that flies guns and come and meet with this In the aftermath of the Newark riots, the outside the United States Capitol at President, who through DONALD PAYNE Payne brothers became the strongest South half mast in honor of our colleague had promised peace. I know that man Ward political brand in the city, using the Ber- DON PAYNE. wished that he had answered the call gen Street business district as their most visi- So I do want to thank this body for that DONALD PAYNE made. He never ble base of operations. The congressman allowing me a chance to express not left the bush, and he died in that place. scorned conventional polling, preferring in- only my thoughts about DON, but also I got to see him up close and personal, stead to gauge his own popularity by the num- to recognize him as an outstanding where no risk of life was too much for ber of beeps on the horn he heard as he Member of this body. him to bring about peace. walked along his beloved Bergen Street. Mr. ROE of Tennessee. May I inquire, As I conclude, let me simply say to He was a former leader of the Congres- Mr. Speaker, how much time we have the peacemaker, to the intended noble sional Black Caucus. DONALD PAYNE served remaining? peacemaker, to the man who didn’t as a Newark City councilman and as an Essex The SPEAKER pro tempore. The gen- shun or didn’t shy away from a conflict Freeholder. Congressman PAYNE was some- tleman has 26 minutes remaining. that might have taken his life, to the one who knew presidents and kings but was Mr. ROE of Tennessee. We have 11 lover of Newark, to the lover of his more comfortable with the man in the street, speakers, so I would ask if you would family and his children, to the lover of that’s just who he was. limit your remarks. I want to have an his staff, to the lover of this institu- America has lost a noble statesman, New opportunity for everyone who wants to tion: DON, may you rest in peace. War- Jersey has lost a brilliant and caring Rep- speak to speak. rior, leader, hero, God knows that you resentative and I have lost a remarkable friend Now I would yield time to my col- never stopped working, and you de- and distinguished colleague. A skilled and league and one of DON’s very dear col- serve that angel’s place in Heaven. compassionate politician, DONALD PAYNE rep- leagues from New Jersey (Mr. PAL- Mr. Speaker, I rise today in tribute of the life resented his constituents well. An ardent sup- LONE). and service of my dear friend and colleague, porter of educational opportunity, he worked to Mr. PALLONE. I thank the gen- Congressman PAYNE. Noted for his quiet ensure college was within reach for everyone. tleman for yielding. gravitas, progressive issues advocacy and pio- DONALD worked tirelessly for small business I have a lot of DON PAYNE stories. I neering life story, Congressman PAYNE along and had a focused passion for Africa. Be- wanted to tell one which I think says a with his older brother Bill Payne defined the cause of his knowledge and dedication to the lot about the man. struggles of a generation of Newark Blacks issues of human rights and peace—he saved I listened to what SHEILA JACKSON who in the 1950s and ’60s fought for equal lives all over Africa. He enjoyed the respect of LEE said before about how he was al- rights out of the North Ward. his colleagues; his calm demeanor will be ways humorous and telling jokes, but By the dawn of the 1970s, the Paynes relo- missed. DONALD dedicated his life to helping also about New Jersey politics and how cated to the South of Newark, where they built the less fortunate and expanding and pro- he was so well respected and had the a political base on Bergen Street that served tecting human rights everywhere in a strong ability to basically tell other Members as the launch pad for Mr. PAYNE’s historic and determined way. He will be sorely missed or indicate to other Members what campaigns for Congress in the 1980s. by all who knew him. My thoughts and prayers they should do. DONALD PAYNE was a champion of the poor go out to family, friends and constituents at I also listened to HANSEN CLARKE and dispossessed not only in Newark but in this sorrowful time. The world has suffered a when he mentioned DON being a gen- Africa, notably the Sudan, where he took one great loss. tleman. DON was a gentleman, and peo- of this country’s most forceful stands against Mr. ROE of Tennessee. Mr. Speaker, I ple respected him as such in the city of the genocide he witnessed there. Congress- now yield to the gentleman from Newark and throughout his district. man PAYNE was once arrested in Washington, Texas. There was an occasion after the re- D.C., for protesting against the Sudanese gov- Mr. SESSIONS. Mr. Speaker, first let districting when I gained an area—I ernment. me say that I join my colleagues in won’t mention the name necessarily— As the Chairman of the Subcommittee on recognizing not only the life and work in my new district that was mostly Af- Africa for the Congressional Foreign Affairs of DON PAYNE, but I also wanted to add rican American, and DON PAYNE was Committee, Congressman PAYNE became a my personal words of support for what very well-known there, and I wasn’t leading advocate for international human DON meant to me personally as a co- known at all. rights. ‘‘I would be remiss if I did not thank chairman of the Caribbean Caucus a I actually lived at the Jersey shore. those who are personally responsible for mak- number of years ago. Some of you may know that the people ing sure that I know about Africa,’’ said then- Speaker Hastert asked both DON and that are down at the Jersey shore, the President Bill Clinton. myself to become engaged in issues people from north Jersey and Newark After a 2009 trip to Africa, the congressman that would be considered in our hemi- often refer to us with names like ‘‘clam prepared to depart from Mogadishu when his sphere as a result of the war on terror. digger’’ and other things to indicate

VerDate Mar 15 2010 04:45 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.087 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1200 CONGRESSIONAL RECORD — HOUSE March 6, 2012 that we’re not as sophisticated as the times together as dear friends, buddies, in the middle of votes, and he said: people from Essex County. laughing and joking, but also many Make those votes. Don’t miss those I was at a meeting with African great times speaking about the very, votes. American ministers in this new area of very serious issues confronting our Here, a man who knew he was spend- my district. And of course the purpose State, his district, my district, the ing his last hours on this Earth, he of DON being there was to tell them it country, and the world. knew that his life was coming to an was okay; in other words, it was okay DONALD PAYNE led an extraordinary end. He had told me some weeks before that this guy from the shore, the clam life. A young, African American man that he had pancreatic cancer and he digger, so to speak, was now going to from very humble beginnings did not didn’t know what was going to happen, represent you because he was okay. have it easy growing up in America and but his last words to me were not ‘‘Woe As you know, DON couldn’t take an didn’t have it easy acquiring political is me,’’ but he was thinking about pub- occasion like that without making it power that enabled him to help every- lic service. He was thinking about this into a joke and still getting the point one, whether it was in Newark or Essex House. He was thinking about me and across, but in a very humorous way. So County or New Jersey, the United the vote that I was to cast. He was he said to the African American min- States or in the world. thinking about a time and a purpose isters as we assembled: History will record that this young and a season. Well, you know, this guy Frank Pallone is man from Newark, DONALD PAYNE, lit- In the book of Micah, life really be- now coming up here and he is going to rep- erally saved tens of thousands of comes quite simple. God asked the resent you. But he is down at the shore, and lives—he did—all over the world. In Prophet Micah: most of the time he spends his time talking America, in Africa, and in Northern What do I require of thee, O man, but to about crabs and fish and the things at the Ireland. And he was known throughout love mercy and do justice and walk humbly shore. You know, I don’t know if he can re- before your God. late to this urban area now that he is going the world as a champion of the down- to represent where you all know me, but I’m trodden, those in need, and a champion Madam Speaker, I know that DON going to tell you a story. You’ll often see of human rights. passed God’s requirement. He lived his Congressman Pallone in pictures at the He was a longshoreman; he was a life with purpose. He was a son of Afri- shore picking up the crabs, and he picks up teacher; he was a waiter. He was an ca, but he was also a servant of Africa the crabs and he talks about how the crab elected official from New Jersey who and a servant of the world. had been injured, and it was important to made us all so proud, but he was a cit- We’re all going to miss DON. We all help the crab, and the crab needed some help izen of the world. He was a leader in and needed to be fixed, needed some health looked to DON being a beacon in terms care so it can become a whole crab again and this world. of public service. I will miss him, and lead a good life. And he leaves behind a legacy, not my condolences go out to his entire Of course everybody was laughing at only as a beloved husband, father, family and his entire staff. this point, figuring out what this is all grandfather, great-grandfather, broth- I might add that just this morning about. But it was his way of getting er, family man, but also as a dear, lov- my staff and I went to his office, as across in a humorous way that it was ing friend. Beneath that strong, serious others have. We sang a song together, statesman’s demeanor was a warm, okay to have FRANK PALLONE represent ‘‘Jesus, Keep Me Near the Cross.’’ you, that he was going to relate to you. charming, funny, irreverent, smart, DON not only had the cross in mind, He could relate to a crab, so he could and great friend. I will miss him very, but now he sits in his heavenly home in obviously relate to you. very much. a better place. I don’t know if I’m saying this prop- God bless you, DON PAYNE, my friend. God bless you, DON. God bless you. God bless you, Congressman DONALD erly, but this is how DON was. He was Mr. ROE of Tennessee. I now would just able to use humor to get a point PAYNE, you iconic figure for America like to yield to the distinguished gen- across, a very serious point in a very and the world. We will miss you dearly, tlelady from California (Ms. LEE). effective way. but we will never forget you. Ms. LEE of California. I thank the I will miss him so much because he Mr. ROE of Tennessee. Madam gentleman for yielding. made me laugh so many times when Speaker, I now yield to the distin- Madam Speaker, it is with a very situations were serious, and there guished gentleman from Illinois (Mr. heavy heart that I rise tonight to didn’t seem to be much humor, but he RUSH). honor and commemorate the life of a always did it in a way that made me Mr. RUSH. I want to thank the gen- world leader, but more importantly, a understand how important it was to be tleman for yielding. grandfather, a great-grandfather, a fa- here as a Member of Congress. He real- Madam Speaker, in the book of Ec- ther, a brother, an uncle, a boss, a dedi- ly understood how important our jobs clesiastes 3:1–2, these words are re- cated family member to so many. I were and how they could make a dif- corded: offer my condolences and prayers to ference in people’s lives. To everything there is a season, and a time DON’s family, to his staff. They need Thank you. to every purpose, and to everything under our comfort during these very difficult Mr. ROE of Tennessee. Now I would the sun, a time to be mourned and a time to days. die, a time to plant and a time to pluck up like to yield to a gentleman also from that which is planted. b 1740 New Jersey, one of Mr. PAYNE’s very Madam Speaker, today a giant oak DON was more than a colleague to close colleagues, Mr. ROTHMAN. Mr. ROTHMAN of New Jersey. I tree has fallen. There’s a gaping hole in many of us, myself included. He was a thank the gentleman for the time. the forest. DON PAYNE has moved from very good friend. We lived near each Madam Speaker, today Newark, the an earthly life into an eternal heavenly other in Washington, D.C., here, and I State of New Jersey, and the United life. A time, a purpose, a season. had the privilege to drive him home States of America lost a hero, and the DON PAYNE did not take his time, his quite often. These were special mo- world lost, especially those that needed season, nor his purpose for granted. ments for me which I will always cher- help, those who were being persecuted, Every moment, every season, the pur- ish; for it was during these rides that they lost a champion. pose for which he was created meant he counseled me. He cracked so many something to him and he gave his life. jokes to cheer me up because he always b 1730 He spent his life working on his time, knew what we were going through, and DON PAYNE’s family, they’ve lost his season, and his purpose. we talked about family, friends and their patriarch, the strong, gentle, Last Thursday, DON, through his what was really real in our lives. warm, beautiful, handsome hero who chief of staff, asked me to come to the DON loved children, and he relished held them together all these many hospital; and we talked for awhile and his membership on the committee on years. he whispered some words to me, some Education and the Workforce. Of And like so many others, but in a directions for me, some orders from his course, before coming to Congress, he very special way, I lost, we lost a dear, hospital bed. But what stands out to was the national president of the dear friend. I loved DONALD PAYNE. I me on that occasion last Thursday was YMCA and an elementary school teach- know he loved me. We spent many his last words spoken to me. We were er. But, yes, DON was also a global

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.089 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1201 leader. And I have traveled abroad with and—until his death—only African entry into the Congress, and he made DON, and he was greeted as a head of American Member of Congress, he was me feel at home from day one. He was, state and a comrade. But DON didn’t es- the voice of working families from all indeed, a gentleman, quiet but with a pecially like traveling with large con- backgrounds who called the Tenth Dis- marvelous record for peace and for jus- gressional delegations. He liked going trict their home. tice for the downtrodden people who by himself and with his brother to the I am privileged to have known and needed a helping hand. middle of conflicts, sometimes in the worked with DONALD PAYNE. I will al- I had the opportunity through the bush and in the jungles, to meet with ways be grateful to him for the warm auspices of CARE and the Gates Foun- guerrilla leaders and freedom fighters. way he welcomed me into this House dation to travel with Congressman He helped negotiate truces; and all and into the Congressional Black Cau- PAYNE, his brother and others to Rwan- sides, everywhere in the world, loved cus. I know that my father, who da, to Goma and to Congo this past Au- and respected him. worked with DONALD for more than 10 gust; and I saw how he was beloved Now, for many years, DON was the years, joins me in extending our fam- among people in Africa where he would lone voice in the wilderness calling for ily’s sympathies to DONALD’s family, travel on many occasions before. We a declaration of genocide in Darfur, friends, colleagues, and constituents. shared the experience of going to the Sudan. Finally, we all got it. And as a As the people of Newark and across the memorial to the victims of the geno- result of DON’s persistence working State of New Jersey mourn the loss of cide there, and Congressman PAYNE with both sides of the aisle to address their friend, DONALD PAYNE, the people told me some stories about when he’d the atrocities of genocide, his bill of St. Louis, all of Missouri, and all been there with President Clinton, and passed, this declaration of genocide, across our country mourn with them. President Clinton had gone back and with bipartisan support. His leadership, friendship, and pas- expressed his regrets of not having I was honored to serve on Congress- sion for his work will be missed. done more earlier to prevent the geno- man PAYNE’s subcommittee for many, Mr. ROE of Tennessee. I now would cide, but was strong in supporting the many years, the Subcommittee on Af- like to yield to the distinguished gen- nation of Rwanda and the people get- rica. He was a brilliant and a fair tleman from New Orleans, Louisiana ting their country back together. chairman, and he helped me shepherd (Mr. RICHMOND). DONALD PAYNE had a progressive and negotiate many bills and many of Mr. RICHMOND. Thank you for record. He was respected and loved by my legislative efforts. yielding, and thank you, Madam all. I was fortunate that my life inter- Yes, I was blessed to have visited DON Speaker, for the time. sected with his for he made me feel at on Thursday afternoon. He smiled, we It was once said that a politician home. And as so many other Members talked, he whispered a few words, and worries about the next election, but a of the Congressional Black Caucus he gave me a thumbs up. statesman worries about the next gen- have done, he made it to where it I met DON PAYNE through the mail in eration. DON PAYNE was a statesman. wasn’t necessary to be a member of the 1998 when my predecessor, who I know To the Payne family, I offer my sin- Congressional Black Caucus to be with sends his condolences today, Congress- cere condolences and prayers. Thank the Congressional Black Caucus. I man Ron Dellums, told him I was run- you for sharing your brother and your value my time with him. ning for Congress. He sent me a won- father with us. While I do not have as Mr. ROE of Tennessee. Madam derful note then—I didn’t even know many personal memories as my col- Speaker, I yield back the balance of him—and a contribution. And when I leagues of serving with Congressman my time. was elected, he came up to me; he PAYNE, I stand here as a beneficiary of 1750 hugged me and he became my mentor his work over his 77 years. I can hon- b on so many issues. estly say but not for DONALD PAYNE, I The SPEAKER pro tempore (Ms. In closing, let me just say that I probably wouldn’t be here. BUERKLE). Under the Speaker’s an- know—and we talked a lot about this, I, along with others of my generation nounced policy of January 5, 2011, the and I’ve been to church with him—that and the generations after me, not only Chair now recognizes the gentlewoman DON PAYNE was a humble man of tre- in America but all across the world, from California (Ms. LEE) for 30 min- mendous faith. In thinking of DON this stand on the shoulders of Congressman utes. evening, I’m reminded of a Scripture PAYNE. So I have the honor and the Ms. LEE of California. Madam taken from 2 Timothy, chapter 4, pleasure of serving with him, but I also Speaker, I’d like to yield now to the verses 6–8. It says: have the obligation on behalf of those gentleman from South Carolina, our As for me, the hour has come for me to be generations to say thank you to Con- assistant leader, Congressman JIM CLY- sacrificed; the time is here for me to leave gressman PAYNE for making this world BURN. this life. I have done my best in the race, I a better place for us. Mr. CLYBURN. I thank the gentle- have run the full distance, and I have kept If we can remember anything with lady for yielding me the time. the faith. And now there is waiting for me his passing, we can rest assured that Madam Speaker, I often quote the the victory prize of being put right with God, poet Robert Frost, who once admon- which the Lord, the righteous Judge, will DONALD PAYNE did what he was give me on that Day—and not only to me, purposed to accomplish in his lifetime. ished us that two roads diverged in the but to all those who wait with love for Him So I can say right now without a doubt wood, and I picked the one less trav- to appear. that DONALD PAYNE earned the right to eled by, and that has made all the dif- May DON’s soul rest in peace. say exactly what Paul said to Timothy, ference. I would not quarrel with Mr. Mr. ROE of Tennessee. I would now and that is, ‘‘I have fought the good Frost, but I would believe that it’s the like to yield to the distinguished gen- fight, I have finished the race, and I people that you meet as you travel the tleman from Missouri (Mr. CLAY). have kept the faith.’’ roads of life that really makes the dif- Mr. CLAY. I thank the gentleman for So, Madam Speaker, this body, this ference with all of us. yielding. country, and the entire world lost a Several years before I came to this Madam Speaker, the untimely pass- true gentleman in DONALD PAYNE, and body I met DONALD PAYNE. I was a bit ing of my good friend and colleague, we lost a quintessential statesman. in awe of him because he struck out to Congressman DONALD PAYNE, early this Mr. ROE of Tennessee. Madam attain a seat here, and in that race, morning is a terrible loss for DONALD’s Speaker, I would yield now to my col- right after I met him, things did not go family and friends, the House of Rep- league and friend from Memphis, a fel- as he had hoped—as many of us had resentatives, the people of the Tenth low Tennessean, Mr. COHEN. hoped. But DON did not lose faith. He Congressional District of New Jersey, Mr. COHEN. Thank you, Mr. ROE. I gathered himself, and he tried again. and our Nation. appreciate the time. And of course, upon his success, all of DONALD PAYNE was a tireless advo- Everything has been said just about us know what a successful Congress- cate for his constituents at the local Congressman PAYNE, and by such won- man he made. and municipal level before winning derful gentlemen and gentleladies who I traveled with DON often. We went to election to the House more than two pay tribute to the man. I had the op- Africa together. Traveling with him on decades ago. As New Jersey’s first portunity to meet him early in my the continent of Africa, going in and

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.092 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1202 CONGRESSIONAL RECORD — HOUSE March 6, 2012 out of country after country, sitting Congressional District of New Jersey, From the moment DON set foot in with him as he called heads of state by and for all Americans of all back- Congress, he was a powerful advocate their names, and to see the respect grounds across this Nation. Today I for the needs and interests of his cen- that all of them had for him was just a pay tribute and celebrate the life of our tral New Jersey community and of joy to behold. beloved colleague, Congressman DON- working Americans across our country. I learned a lot from DONALD PAYNE. ALD PAYNE. Bringing to bear his impressive and di- And I always, whenever I could, wanted DONALD made history as the first Af- verse record as a public schoolteacher, to be around him. Just this past De- rican American in New Jersey to be President of the National Council of cember, in my congressional district, elected to Congress. He served as the YMCAs, and an elected official in New- DONALD came to Charleston to help me former chairman of the Congressional ark, DON quickly became one of the participate in a congressional panel, Black Caucus and was recent chairman most forceful and effective advocates talking about sustaining good, healthy of the Congressional Black Caucus for public education in the Congress, communities. DON, that particular day, Foundation, where I really saw him go playing a key role as a member of the was sort of the star, as he usually was. to work on behalf of the people across Education and Labor Committee on I had no idea at that time that we this Nation. virtually every major educational re- would be in this place today. Along with many others, I consider form enacted over the last two decades. I think I can say without any threat Representative PAYNE not just an ac- As the first African American elected of contradiction that if anybody has complished colleague, but a role model to Congress from New Jersey, DON was left his or her mark of service in this and a dear friend. He was a relentless an equally forceful advocate for the body, it was DONALD PAYNE. His record and iconic advocate for the continent continued struggle for civil rights, will never, in my estimation, be of Africa, the African diaspora, as well eventually becoming chair the Con- equaled. To know two continents as as the Caribbean region. He spoke out gressional Black Caucus. well as he did is something few people boldly against genocide in Darfur and Now, these accomplishments in edu- in this body will ever get to attain. Rwanda, and fought alongside the Con- cation and civil rights would qualify as I want to join with my colleagues in gressional Black Caucus to help Haiti a successful career for any Member, wishing his family—his brother, Bill, recover from the devastating earth- but DON didn’t stop there. Driven by who I got to know so well; his son, quake that struck the nation in 2010. his early fascination with Africa and Donald, Jr.; and other family mem- Congressman PAYNE was a represent- his adventuresome travels there, DON bers—as much sympathy as I can mus- ative of Newark, but his leadership was recognized that the struggle for civil ter. I hope that they will achieve real global. We are grateful for his world rights and human dignity knew no bor- solace in the fact that their brother, view. We will never forget his passion, ders, rising to become one of the most their dad, their uncle gave so much and zeal, and commitment to improve the effective chairmen of the Foreign Af- demanded so little in return. United States diplomatic relations fairs Africa and Global Health Sub- Ms. LEE of California. I would now around the world. committee that we have ever had in like to yield to the gentleman from Il- I count myself fortunate to have es- this institution. linois, Representative DANNY DAVIS. tablished a real bond with Congress- Our Nation’s expanded focus on Mr. DAVIS of Illinois. I thank the man PAYNE. He shared with me his lady for yielding. AIDS, malaria, and other pandemic dis- quick wit, and we shared a lot of eases over the past decade would sim- We’ve heard a great deal about Rep- laughs together. We often joked about resentative PAYNE this evening. Some ply not have occurred without DON’s who was tougher, Newark or Brooklyn. visionary leadership and moral cour- of the fondest memories that I have of And he was also very skilled on the DONALD was talking. He was a philoso- age. It was fitting that USAID an- dance floor. I had an opportunity to nounced the launch of a DONALD PAYNE pher and a poet. All of the things that trip the world fantastic with Mr. people have said that he did, he has Fellowship Program last week, de- PAYNE. done those. The last conversation we signed to help young people enter ca- And so, I extend my condolences to reers in international service. had was sort of a philosophical con- his son, Councilman Donald Payne, Jr.; I was fortunate to benefit from DON’s versation. I believe that Tennyson to his very devoted brother; his daugh- framed DONALD PAYNE long before he knowledge and advocacy personally as ters Nicole and Wanda; his grand- he became a founding member of the was born, and he wrote this poem that children; great grandchildren; his close said: bipartisan House Democracy Partner- friends; his devoted staff; and the peo- ship, which I cochair with my Cali- Sunset and evening star ple of the 10th Congressional District fornia colleague, Representative DAVID And one clear call for me! of New Jersey. And may there be no moaning of the bar, DREIER. When I put out to sea, b 1800 DON’s counsel and guidance and en- But such a tide as moving seems asleep, Know that he has left us a great leg- couragement were invaluable as the Too full for sound and foam, House Democracy Partnership initi- When that which drew from out the bound- acy, building blocks, if you will, for fu- less deep ture generations of leaders. We will ated partnerships with legislatures in Turns again home. continue to celebrate the contributions Africa and conducted outreach in coun- Twilight and evening bell, of this great statesman. The stars in tries affected by the Arab Spring. Our And after that the dark! the heavens will twinkle just a bit frequent travels together in the region And may there be no sadness of farewell, brighter as Congressman DONALD forged a deep and lasting friendship. He When I embark; PAYNE makes his transition to be with probably knew more about the ins and For though from out our bourne of Time and our Creator in heaven. outs of Africa politics than all the Place other Members of this institution com- The flood may bear me far, Thank you, Congressman, for all I hope to see my Pilot face to face your commitment and sacrifice for the bined. He had strong and well-informed When I have crossed the bar. betterment of our global community. views about what our country’s poli- cies should be, and he was ready to ar- DONALD crossed, but he left a great Ms. LEE of California. I would now deal behind. like to yield to the gentleman from ticulate those views persuasively, no Ms. LEE of California. I would now North Carolina, Congressman PRICE. matter who the President was or which like to yield to the gentlewoman from Mr. PRICE of North Carolina. Madam party was in charge. New York, Congresswoman YVETTE Speaker, it was with great sadness that He also insisted on investigating sit- CLARKE. I learned of the passing of my good uations on the ground for himself, Ms. CLARKE of New York. I thank friend and colleague, DONALD PAYNE. which led to quite a few one-man my colleague, BARBARA LEE. Few Members who’ve served in this in- codels and some anxious moments for Madam Speaker, today I’m here to stitution have left a greater impression those who wanted to prepackage con- pay tribute to a quintessential public on their constituents, their colleagues, gressional visits or maintain airtight servant, a person who tirelessly fought and their country’s domestic and for- security. It was fascinating to talk to on behalf of his constituents of the 10th eign policy than DON PAYNE. him about his diplomatic forays, which

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.094 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1203 offered a combination of high adven- telligence and energy. And as the first African- added to the responsibility of the Sub- ture and a remarkable, inspiring dedi- American to serve in the House of Represent- committee on Africa, which he chaired. cation to the freedom and dignity of atives from the state of New Jersey, I am cer- He led the effort to increase PEPFAR the people of Africa. tain that he will serve as an inspiration for oth- funding more than threefold. When Congress has lost a true statesman, a ers to follow in his footsteps. President Bush signaled his willingness dedicated humanitarian, and a loyal Ms. LEE of California. I would now to go from 15 to 30 billion over 5 years, public servant. We mourn his passing, like to yield to the gentlelady from the DONALD took that as an opening to and we will miss DON PAYNE’s counsel Virgin Islands, Congresswoman DONNA push for even more and, with BARBARA and friendship. CHRISTENSEN. LEE and others, parlayed that to $48 Ms. LEE of California. Madam Mrs. CHRISTENSEN. Thank you, billion. He also led in ensuring that, for Speaker, I would like to yield now to Congresswoman LEE. And thank you, the first time, all the countries in the the gentlelady from Florida, Congress- everyone who’s come out to pay tribute Caribbean would be included. woman BROWN. to DONALD PAYNE this evening; and So it’s no surprise that condolences Ms. BROWN of Florida. Often I say, thank you, Father Conroy, for being are pouring in from all over the world, God is good, and the audience says, All here with us. and I want to submit one from Dr. the time. But God has been good for I recently had the opportunity to in- Claire Nelson on behalf of the Institute giving us the life of DONALD PAYNE. troduce DONALD at an annual gala of of Caribbean Studies. You know, when you’re born, you get the Mountainside Marketing Group, There were only a few of us that a birth certificate, and when you die, where he was being honored with the knew that DONALD was diagnosed with you get a death certificate, and that 2011 Congressional Minority Business cancer and undergoing treatment. He dash in between is what you have done Award, and it was really an honor to do was truly amazing. I thought he was to make this place a better place, and that. even more feisty after his diagnosis DON PAYNE has done his work. I talked then about his commitment than before. He would add his humor- When I think of what Paul said, You to Africa and how I always told DON- ous commentary even more often at have fought a good fight, and he has. ALD I would never travel with him. You our meetings. He teased many of us And you’ve finished the course, but see, he was as comfortable, as you’ve mercilessly. there is still work for us to do. heard, meeting rebels in the jungle as He led the Congressional Black Cau- We talk about DON, DONALD PAYNE, he was meeting Presidents and chiefs. cus Foundation with boundless energy and all of his work in Africa, and I State Department warnings meant which, of course, all of us on the board don’t know anyone that knew the con- nothing to him. You heard about his and the staff had to try to keep up tinent or the people more than DONALD plane being shot at in Mogadishu, and with. PAYNE. he also did some jail time here at home b 1810 But I want to mention that my first for protests on behalf of the justice trip as a Member of Congress was with here and abroad. His most recent boat ride, of which Congressman PAYNE, and we went to Because of the high respect in which he takes pictures with everyone who Ireland and we went to other countries. he was held by everyone on all sides, he comes, was lots of fun as always; and He was an international leader. was able to bring peace to warring fac- he thoroughly enjoyed every minute of I want to thank his family, the con- tions, to broker truces, and to ease the it, as all of us did. stituents that sent him here. You know pathway to democracy for many. And His work in this body, of course, that you sent someone here that loved. his legacy as a peacemaker was not never faltered, and I think he would He loved the Lord, but more than that, limited to Africa. He’s considered an have been a more formidable adversary he was what we want our public serv- honorary son of Ireland for his con- or advocate, as the case might have ants to be: someone that actually be- tributions there. been. lieves in serving the public. I talked that evening about his com- But above all, DONALD was a dear So DONALD’s work speaks for itself, mitment to children. As a teacher, he friend. and we are so grateful that we’ve had used his senior position on Education In the end, he succumbed to the can- the opportunity to serve with him. and Labor to ensure that educational cer, but up until the very last, he lived My thoughts and prayers go out to his fam- opportunities are available for all chil- his life to the fullest. The people of the ily and staff. And in fact, I participate in a dren, but especially poor and minority U.S. Virgin Islands, and he visited us weekly prayer call, and I have asked all of the children. He worked hard to close the several times, my family and staff join parishioners and participants to pray for him achievement gap, and was also a key me in extending our heartfelt sym- and his family, and all of the constituents who player in legislation to reduce interest pathy to his family: his children Don- cared about him in the State of New Jersey. rates on college loans and to increase ald, Jr., Wanda, and Nicole; his four Beyond a doubt, our Nation will mourn the Pell Grants. grandchildren and his great grandchild; loss of such a dedicated Member of Congress, I was able to tell those gathered how his brother, Bill, and sister Kathryn; who lived his life as a true symbol of an ideal working families had no stronger sup- Laverne, and all of his staff, past and public servant. porter of labor and worker protections present here and in the district; and I feel privileged to have been able to work than DONALD PAYNE. the people of the 10th District of New with Congressman PAYNE on a number of Last year the Health Braintrust and Jersey. issues throughout the years. For me person- all of our partners honored DONALD DONALD was not only a respected ally, within the Congressional Black Caucus, with the Congressional Leadership member of the Congressional Black and for the Congress, he was a leader on all Award. Caucus, which he chaired. He was loved issues relating to the continent of Africa. He I had the honor also of traveling to by all of us. We will miss him terribly, knew all of the leaders, and knew extraor- Newark every other year to the Donald but we will remember him with such dinarily well the various countries’ histories Payne health summits and health fairs. great affection and consider ourselves and domestic politics, and worked tirelessly He was just as determined that the blessed to have known him, to have throughout his tenure to resolve numerous people in his district have access to served with him, and to have him call deep seated conflicts on the continent, while quality health care as he was com- us his friend. leading many congressional delegations to mitted to their education and eco- So long, DONALD. Rest in peace. Until war torn areas. Indeed, Congressman PAYNE nomic opportunity. It was always an we meet again. always spoke out on behalf of people who event that was looked forward to and MARCH 6, 2012. struggled in many of the most difficult nations attended by thousands who were then DEAR FRIENDS: ‘‘Every once in a while a around the world: from Rwanda to Sudan and connected to the health care system, GIANT walks the earth.’’ Over the past several years, I was privi- Haiti, to the peace process in Northern Ire- some for the very first time. leged, to have worked with Congressman land. But his commitment to health ex- Payne who was tireless in his support for the Congressman PAYNE will be deeply missed tended beyond his district to our entire Caribbean, as well as Africa. I remember well here in Washington. I will always remember country, to Africa and the Caribbean. the first time I moderated a Task Force at his soft spoken manner, will power, drive, in- He made sure that global health was the CBC Annual Legislative Caucus, that he

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.095 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1204 CONGRESSIONAL RECORD — HOUSE March 6, 2012 was Co-Chair of. He was so gracious, with my shall first be your servant.’’ Let us re- with the little boats. I want to go way anxiety about following the appropriate pro- member and honor DONALD PAYNE, a out where the big ships go. DONALD tocol. As Chair of the Bi-partisan Caribbean true public servant. PAYNE went way out where the big Caucus, he led the way for us to have our Ms. LEE of California. I would like to ships go. Nowhere was his impact more voice heard and helped us to understand how we as Caribbean Americans may better im- yield to the gentleman Oregon, Con- meaningful than in the continent of Af- pact the Congress he loved and served so gressman BLUMENAUER. rica. It was Africa that just pulled his well. Mr. BLUMENAUER. Today we mourn heart, pulled his whole being. DONALD On behalf of the Caribbean American com- the loss of a colleague and friend. New- PAYNE became the champion and the munity, ICS will offer condolences to his ark lost its champion. Africa lost its foremost advocate for the people of Af- family and friends as the arrangements be- informal ambassador, as DONALD rica in the Congress of the United come known to us . . . by way of our Advi- PAYNE exercised tremendous leadership States. sors who were his personal friends. and influence as a senior member and In the meantime, I offer my prayers of What courage. thanksgiving for his life and legacy and my chair of the African Subcommittee. I remember the time I was over in Af- prayers of comfort to those he loved best. But with the passing of DONALD rica going to the Congo, going to the May he rest in peace. PAYNE, I think it’s important to note real heart of the matter, going into DR. CLAIRE NELSON, one other loss, because for millions of Kenya, and going into Somalia into President of the Institute people around the world who never Yemen. But there was DONALD PAYNE of Caribbean Studies. knew DON PAYNE, they lost a hero. DON with the courage at a very difficult Ms. LEE of California. I would like to knew that almost a billion of the time, at a challenging time when al- yield now to the gentleman from Indi- world’s poorest people lacked access to Shabab was in control of the situation ana, Congressman ANDRE´ CARSON. clean drinking water, that almost in Somalia. You hear on the news that Mr. CARSON of Indiana. Madam three times that number lacked access there is a Congressman who’s in harm’s Speaker, from my first days in Con- to sanitation resulting in the death way trying to get on an airplane to get gress, I always considered DONALD every 15 seconds of a child needlessly out of Somalia at a very hot moment. PAYNE to be a mentor and a friend. He to waterborne disease. But he was there in the toughest, took me and others under his wing and One of the great privileges of my ca- meanest, most difficult part of Africa showed us what it truly means to be a reer in the House was working with bringing some reason. Member of Congress, not just a politi- DON PAYNE on the Paul Simon Water b 1820 cian. He showed me, like he showed so for the Poor Act. DON PAYNE was a many of us in this Chamber, how much quiet Member of Congress, but he knew So all over this world, we can all say more we accomplish through humility what was important. He was clear in that we thank God for sending DONALD and cooperation than through bravado expressing those needs, expressing PAYNE our way. and partisanship. what needed to be done; and his leader- Ms. LEE of California. Madam He was brilliant, and he put thought ship, his work behind the scenes, as Speaker, how much time do I have re- into every word he said; and because of well as on the front lines, made it pos- maining? that, Madam Speaker, his words car- sible for the first time in our history The SPEAKER pro tempore. The ried weight on both sides of the aisle for the United States to have a cohe- time of the gentlewoman has expired. and in both Chambers. sive policy towards meeting the unmet Ms. LEE of California. Madam Most recently, I was privileged to needs of water and sanitation for these Speaker, may we request an additional serve under his leadership on the board poor people, to set a very clear objec- 10 minutes? of the Congressional Black Caucus, and tive that within the next 4 years we The SPEAKER pro tempore. The I was able to see up close how he would cut in half the number of people Chair cannot entertain that request. brought together the diverse personal- who lack access to this fundamental. (Mr. MEEKS asked and was given ities and opinions of the caucus in Because of the leadership of Con- permission to address the House for 1 order to achieve a greater purpose. gressman DONALD PAYNE, literally mil- minute.) Congressman PAYNE made our caucus lions of lives have been touched, im- Mr. MEEKS. Madam Speaker, I am strong and united; and while we at- proved, indeed, saved. here this evening to thank God for the tempt to fill the gap he leaves behind, We thank you, Congressman PAYNE, life of DONALD PAYNE—to thank God I know we will never have another for your leadership and influence that for a man who was focused, for a man leader like DONALD PAYNE. extended far beyond your district in who was a trailblazer, for a man who Madam Speaker, learning to serve in New Jersey, and we thank his family when he came to Congress knew what the House is truly an honor, but it also and constituents for sharing him with he wanted to do. People sometimes do comes with many challenges. As a us and sending him back repeatedly so not know what their purposes are in young Member, I am continuing to that he could do his important work. life. Sometimes folks get here, and grow and find my place amongst my Ms. LEE of California. I would now they wander all of their lives to find distinguished colleagues; but I feel just like to yield to the gentleman from that purpose. DONALD PAYNE knew a little more confident, and I felt a lit- Georgia, Congressman SCOTT. what his purpose was. He fought and tle more confident because I had a role Mr. DAVID SCOTT of Georgia. was determined to get to this House of model in DONALD PAYNE. Thank you very much, Ms. LEE. Representatives so that he could make As long as I am given the privilege to This is indeed a very sad and, at the a difference in so many lives. serve in this great House, I look for- same time, a very precious time be- Once he came here, he never changed ward to carrying that legacy, the one cause we’re here to talk about a life. his focus, and he never changed his that he started—to fight for the under- A life is so precious. DONALD PAYNE purpose. He knew that he wanted to privileged, to bring attention to the was indeed a very special human being. deal on the international scale. He critical issues that don’t make the I served with DONALD PAYNE on the knew he wanted to take care of the front page, Madam Speaker. Foreign Affairs Committee; and people of Newark, and he knew he was I want to extend my deepest sym- through his work on the Foreign Af- focused on education. So when he had pathies to his family and staff, and fairs Committee, I got to know him. the opportunity to go on the powerful they know like I do how great a Mem- Let me just say to the people of New Appropriations Committee, he was so ber and how great a man he was. Jersey, to his family, you’ve lost a focused on what his mission was that I’m reminded of a passage of a con- friend, you’ve lost a husband, a father, he said ‘‘no’’ to Appropriations and versation that Jesus had with his disci- a public servant for the Newark area of stayed on Foreign Affairs and stayed ples in the Book of Matthew, and they New Jersey. on Education because that is what he were dealing with this notion of leader- But I want you to know that DONALD wanted to do. ship; and Jesus said very succinctly PAYNE’s life and his legacy go far be- He paved the way for someone like and very clearly and very wisely, and yond there. me so that, when I came to Congress, I prophetically to them, when he said: There was a friend of mine who said, looked to him. It wasn’t popular to be ‘‘He who wishes to be chief among you I don’t want to hang around the shores on Foreign Affairs when DONALD came.

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.032 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1205 DONALD did what he knew his purpose But one thing that I learned about worked tirelessly to expand educational oppor- was. DONALD from personal conversations tunity for disadvantaged children and youth, So I want to just say, thank you, was that he was truly a family man, and to ensure that all children had access to DONALD PAYNE. Thank you for your that he loved his family. He spoke with a quality education. work and for your mission and for pav- love about the sacrifices that he made Congressman DONALD PAYNE was a true ing the way for someone like me so upon the untimely death of his wife, champion for American workers and the mid- that I now don’t have to have a ma- about how he had young children. He dle class, always fighting to ensure that work- chete to cut away the grass. You’ve determined that he was going to take ers had safe working conditions and family- done it for us. care of those children himself, not farm sustaining wages. In the area of Foreign Af- Thank you, staff. Thank you, family. them out to other family members. So fairs, Congressman PAYNE was known around Thank You, God, for sending us DON- he sacrificed—he did the PTAs; he did the globe for his outstanding leadership in pro- ALD PAYNE. I can see You now just say- the hair; he did all of the things so that moting peace and democracy in Africa. ing to him, Well done. Job well done, his children would have a good life. It Representative DONALD PAYNE will be great- my good and faithful son. seems that DONALD’s early life was dif- ly missed in this chamber. My thoughts and (Ms. MCCOLLUM asked and was ficult, and he was determined that his prayers go out to his family, his staff, and the given permission to address the House children would not have the difficulties people of New Jersey. for 1 minute.) that he had. Mr. LOBIONDO. Madam Speaker, I extend Ms. MCCOLLUM. Someone was say- DONALD was a great man. We have my deepest sympathy to the family of Con- ing today that you remember your first lost him. The family has lost a great gressman DONALD PAYNE, who served New and your last time. man. We feel your pain; but the joy we Jersey with distinction and honor for more The first time I met DONALD PAYNE share because we knew him will sus- than two decades. His leadership was wel- was in my first term on the Education tain us because we were blessed to comed and respected at home and in the and the Workforce Committee. We know, love, be a part, and to share the Congress. His passion for civil rights and were talking about the inequities in life, as you did, with this great, great stewardship of the Congressional Black Cau- college funding for minorities, and man. He was a friend. We will miss him cus will always be remembered. My thoughts they were talking about the Hispanic as you will. and prayers go out to the Payne family and higher education institutions and Our thoughts and prayers are with the residents of the 10th district who lost a about historical black colleges. you. champion of their interests. I spoke up, and I said, What about Mr. DREIER. Madam Speaker, I am deeply Ms. FUDGE. Madam Speaker, on March 6, the tribal colleges? saddened by the loss of my dear friend and 2012, Congressman DONALD PAYNE of New Mr. PAYNE said, And we will never esteemed colleague, DON PAYNE. I was privi- Jersey passed away due to complications forget the tribal colleges again when leged to serve with DON for more than two from colon cancer. Today, along with my col- we list off all of our colleges that serve decades. I always had enormous respect for leagues in the U.S. House of Representatives, our minority youth. his passion, dedication and encyclopedic I pay tribute to the memory of Congressman And he never did, so I thank him for knowledge of a range of foreign policy issues, PAYNE. While today marks the end of his work that. particularly the 54 nations of Africa. He was on earth, the results of his labor will live on for The last time—and it’s fitting that one of the founding Members of the House many years to come. Congresswoman WOOLSEY is on the Democracy Partnership, a commission that In 1988, DONALD PAYNE became New Jer- floor with me—was at the State of the benefited tremendously from his expertise and sey’s first African American to be elected to Union address. Usually, DONALD sat on commitment. the U.S. Congress. As a public school teach- this side. LYNN and I had the privilege In November DON and I had the opportunity er, the first African American President of the of keeping him warm that night. So, to travel together throughout Eastern and Cen- National YMCA and most recently as a Mem- with that, here are my remarks. tral Europe to commemorate the post-Soviet ber of Congress for over two decades, DON- Today, the U.S. House of Representa- transition to democracy of several nations. He ALD was a tireless advocate for children, work- tives and the American people lost a endured with good spirits a number of speech- ing families and senior citizens. He was a statesman and a dedicated leader com- es honoring Ronald Reagan, never failing to leader and a role model, who dedicated his mitted to human rights, quality edu- remind me that John F. Kennedy was the life to, among other things, closing the cation and social justice at home and world’s leading champion of democracy long achievement gap, providing equitable funding around the world. It was my honor to before Reagan’s presidency. We continued on for public schools and making healthcare more serve with DONALD PAYNE on the Africa to Egypt, where DON and I served as inter- affordable. In the 112th Congress, he was a Subcommittee, as well as on the Edu- national witnesses in the first round of par- senior member of the House Committee on cation and the Workforce Committee. I liamentary elections. His enthusiasm and en- Education and the Workforce. He was a key will always remember DONALD as a ergy never flagged as he spent two long days player in the passage of the College Cost Re- friend and as a gentleman, a kind soul traveling from poll to poll in Egypt’s first true duction and Access Act, which cuts interest who spoke with authority and who leg- election in 7,000 years. rates on Stafford loans in half, increases Pell islated on behalf of those who were As DON always exemplified, our endeavor to Grants and provides loan forgiveness to public often too voiceless. protect human rights, promote the rule of law, service employees with student loan debt. My deepest condolences to DONALD’s create economic prosperity and eradicate vio- DONALD was also a senior member of the family, to his staff, to his New Jersey lent extremism through the building of demo- House Committee on Foreign Affairs, most re- constituents, and to people all over the cratic institutions is a thoroughly bipartisan cently serving as the highest ranked Democrat world. one. He will be greatly missed by all who were on the Subcommittee on Africa, Global Health, (Mr. BISHOP of Georgia asked and privileged to know him. and Human Rights. was given permission to address the Mr. HINOJOSA. Madam Speaker, I rise with DONALD will always be remembered as a House for 1 minute.) great sadness to pay tribute to and honor the champion for human rights and a strong advo- Mr. BISHOP of Georgia. Madam life of Representative DONALD PAYNE, an es- cate for humanitarian aid for developing coun- Speaker, all the world is a stage, and teemed colleague and devoted public servant. tries, especially African countries. Beyond his all the men and women merely players. Committed to social and economic justice, work in Africa, he traveled throughout the Each has his entrance and his exit. One Representative DONALD PAYNE spent his life world serving as a voice on issues impacting man in this time may play many parts. helping the most vulnerable in America and the social conditions of the global community. So it is with DONALD PAYNE. abroad. He was a former Chairman of the Congres- He was a son, a brother, a husband, a During my tenure in Congress, I had the sional Black Caucus and, most recently, father, a grandfather, a great grand- pleasure of serving with Congressman DON- served as Chairman of the Congressional father, a teacher, a coach, a mentor, a ALD PAYNE on the Education and Workforce Black Caucus Foundation, Inc. The absence leader. He led the CBC. He led the Con- Committee. As a former public school teacher, of his passion, leadership and compassion will gressional Black Caucus Foundation, Congressman PAYNE understood the needs of not go unnoticed. He will be greatly missed. and he was a friend. He was an extraor- students, parents, teachers, and educators I was blessed to count DONALD as a col- dinary legislator. He represented the and the value of a good education. league, and as a dear friend and mentor. I will people of Newark, New Jersey, very As a senior member of the Education and always treasure his support and guidance dur- well. Workforce Committee, Representative PAYNE ing the past few years. My heartfelt prayers

VerDate Mar 15 2010 04:45 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MR7.099 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1206 CONGRESSIONAL RECORD — HOUSE March 6, 2012 are with his family, staff, and constituents. As the Ranking Member of the House of describing. It is an unusual-looking May the thoughts and prayers of many give Representatives Foreign Affairs Subcommittee bird, but the Marine Corps believes it’s solace to his family and friends during this try- on Africa, Global Health, and Human Rights, what it definitely needs to complete its ing time. he worked extensively to protect human rights mission of serving this great Nation. Mr. RANGEL. Madam Speaker, I cannot and provide vital humanitarian assistance to On April 8 of the year 2000, a tragedy fully express my sadness over the death of my developing countries throughout the African happened in Marana, Arizona. Colonel dearest friend and Congressional Black Cau- continent. John Brow, who is to my left on this cus Colleague Congressman DONALD PAYNE. Madam Speaker, today the world has lost poster, was the pilot; and the copilot Today his constituents in New Jersey’s 10th an uplifting and inspiring public figure and a was Major Brooks Gruber. That night, Congressional District, our Colleague in Con- remarkable human being. Those of us who 19 marines on a mission at Marana, Ar- gress, people across America and around the were fortunate and blessed to have known izona, on Night Hawk 72, which was globe mourn the loss of a great man, leader and worked with DONALD PAYNE have lost a being piloted by Brow and copilot and humanitarian. DONALD was a champion of nurturing mentor and widely-admired col- Gruber, flipped and crashed and the lesser among us who saw wrong and league. burned, and 19 marines were killed. It fought tirelessly to make it right. Congressman PAYNE once said, ‘‘There is a was a very tragic, tragic happening, a DONALD sought to give every child a quality lot of dignity in being able to achieve things very tragic night. education and a fair chance at success no without having to create rapture.’’ This quote The wife of Major Brooks Gruber con- matter where they came from. For over 23 speaks not only to the symbolism of DONALD’s tacted me and asked me if I would years in Congress, as former Chairman of the civil nature but to the substance of his lifelong please look into the fact that the Ma- Congressional Black Caucus, and Member of mission of accomplishing good deeds through rine Corps had issued a press release, the House Committee on Education, he advo- consensus rather than conflict. and I’m going to just touch on this cated for low-income students across our na- Madam Speaker, I would ask that all my very briefly. tion. Moreover, as a Member of the Com- colleagues take time out of their schedules The Marine Corps officials say that a mittee on Foreign Affairs, DONALD worked pas- today to pay tribute to DONALD PAYNE for all combination of factors caused the Os- sionately to restore democracy and human that he did and all the good things that his leg- prey accident. A report released by Ma- rights in Africa and throughout the world. DON- acy will continue to inspire us to do. rine Corps officials today confirmed ALD and I shared a vision in giving Americans f that a combination of human factors— from all walks of life the opportunity to serve and that’s a problem, Madam Speaker, and represent our nation abroad. His most re- REPORT ON RESOLUTION PRO- those words ‘‘human factors’’—caused cent accomplishment before he passed was VIDING FOR CONSIDERATION OF the April 8 accident. General Jones re- the creation of USAID’s Donald Payne Devel- H.R. 3606, JUMPSTART OUR BUSI- plied: ‘‘Unfortunately, the pilots’ drive opment Fellowship Program. Thanks to DON- NESS STARTUPS ACT to accomplish that mission appears to ALD’s efforts young Americans will have the Mr. SESSIONS (during the Special have been the fatal factor.’’ opportunity to continue DONALD’s legacy of Order of Mr. ROE of Tennessee), from b 1830 promoting peace and compassion to the rest the Committee on Rules, submitted a of world. privileged report (Rept. No. 112–409) on Madam Speaker, again, from Marine I will deeply miss my brother DONALD PAYNE the resolution (H. Res. 572) providing headquarters, they sent out this press whose kindness and commitment to humanity for consideration of the bill (H.R. 3606) release nationally and internationally. will forever be remembered. My deepest con- to increase American job creation and Therefore, people started believing dolences go out to his family and loved ones. economic growth by improving access that the pilots were somewhat respon- Mr. BISHOP of Georgia. Madam Speaker, I to the public capital markets for sible for the accident. come to the House Floor today to pay tribute emerging growth companies, which was About a year later is when Connie to our beloved colleague, dear friend and one referred to the House Calendar and or- Gruber contacted me, and I would like of our nation’s preeminent humanitarian dered to be printed. to read part of her email to me, Decem- icons—the late Congressman DONALD PAYNE. ber 10, 2002: f I first met Congressman PAYNE nearly two I contacted you in hopes that leaders of in- decades ago and I will always remember him CLEARING THE NAMES OF JOHN tegrity, free of bias, would have both the in- as a kind, welcoming and intellectually gifted BROW AND BROOKS GRUBER telligence and the courage it takes to decide individual. the facts for him or herself. If you do that, In serving in this distinguished body with The SPEAKER pro tempore. Under you will agree the ‘‘human factor/pilot the Speaker’s announced policy of Jan- Congressman PAYNE over the past few dec- error’’ findings should not stand as it is in ades, I had the pleasure of seeing him excel uary 5, 2011, the gentleman from North military history. Again, I respectfully ask in multiple rolls and often under challenging Carolina (Mr. JONES) is recognized for for your support. Please do not simply pass circumstances. 30 minutes. this matter along to General Jones without As a former Chairman of the Congressional Mr. JONES. Madam Speaker, thank offering the support my husband and his you very much. comrades deserve. Please remember, these 19 Black Caucus and more recently Chairman of marines can no longer speak for themselves. the Congressional Black Caucus Foundation, I I was elected in 1995. Shortly after Madam Speaker, that email from observed firsthand his relentless and pas- being sworn in, I was appointed to the Connie Gruber started a 10-year jour- sionate advocacy on improving the standards Armed Services Committee. In my dis- ney. From that journey I continued to of living for disadvantaged and disen- trict of eastern North Carolina, we reach out to experts, which I am no ex- franchised communities of color all around the have Camp Lejeune Marine Base, Cher- pert, Madam Speaker, at all. But I had world. ry Point Marine Corps Air Station, to believe the wife of Brooks Gruber And anyone who knew DONALD PAYNE well, New River Marine Corps Air Station, knows that one of his biggest priorities was and Seymour Johnson Air Force Base. that she and Trish Brow, the wife of doing all he could to improve the educational At the time, I was familiar with the the pilot, Major John Brow, that they standing of our nation’s students and young Marine Corps’ desire and need to have told me that their husbands have the scholars. As a former teacher, he understood the MV–22 Osprey. The Osprey is the right to rest in peace. better than most in this body, the insurmount- plane that can go from a helicopter So, Madam Speaker, from that I able tasks that our educators have in simulta- mode to a plane mode. I realized it was would like to read some comments. neously instructing and mentoring our future at that time very controversial. In Rex Rivolo wrote me this in the effort leaders. fact, Secretary of Defense Dick Cheney of trying to clear the names of John He used his senior position on the U.S. was opposed to the plane’s ever becom- Brow and Brooks Gruber: House of Representatives Education and the ing a reality, and as a Member of Con- I write in an attempt to help correct a Workforce Committee to aggressively advo- gress I was very supportive. I was a great injustice perpetrated on Lieutenant new Member, obviously, and I was very Colonel John Brow, United States Marine cate on behalf of America’s children. He re- Corps, and Major Brooks Gruber, United mained engaged in exploring ways that we much supportive. States Marine Corps, in attributing the could close our nation’s educational achieve- Madam Speaker, I am just going to cause of the MV–22 mishap in Marana, Ari- ment gap; provide equitable funding for public hold up for a moment what the Osprey zona, on April 8, 2000, to aircrew error. At schools; and make college more affordable. looks like, which is the plane I was just the time of the mishap, I was the principal

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.046 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1207 analyst for the V–22 as a research staff mem- were killed in that crash—Brian Alex- b 1840 ber at the Institute For Defense Analyses, a ander defended the 17 families, and he Madam Speaker, I have a copy of the nonprofit organization supporting the De- said: partment of Defense Office of Director of JAGMAN. I have read from one page Operational Test and Evaluation. Please thank Congressman Jones for con- what they said about the pilots on page Madam Speaker, another individual tacting me and assure him that I stand by 77 that nothing was done by the pilots ready to assist him in any way that I can. As in a deliberate way to cause the acci- who’s an expert that joined us in this a former Army aviator and lawyer who had effort to clear the names of John Brow dent. the privilege of representing the marines Madam Speaker, I’d like to read now and Brooks Gruber is Phil Coyle, and I who gave their lives in the Marana crash, I want to quote what he put in an email applaud the Congressman’s efforts to clear just a couple of sentences from Lieu- to me on November 8, 2000: the names of pilots Gruber and Brow from tenant Colonel Mike Morgan’s letter back to me. He again was the lead in- Major Gruber should not be blamed for fly- any and all blame for this senseless tragedy. ing his aircraft on a flight path that he was Due to these undisputed reasons, the pilots vestigator that wrote the JAGMAN re- not trained to fly and expected to fly. The are not to blame and should be fully exoner- port. He said: Marine Corps knows today that flight path ated. John Brow and Brooks Gruber performed was lethal, but they did not know it then, Again, the two attorneys, Jim as model wingmen on this mission. They and neither did Major Gruber. Considering it Furman in Texas and Brian Alexander were doing exactly what was expected of a wingman on a tactical flight. was ignorance on the part of the Marine in New York, they defended the fami- Corps that caused the April 8, 2000 accident, lies in the lawsuit that was settled out Lieutenant Colonel Morgan further the Marine Corps should make it clear to stated: Major Gruber’s family—with no ifs, ands, or of court by Bell Boeing. Madam Speak- John Brow and Brooks Gruber did their buts—that Major Gruber was not responsible er, I also would like to share for the job, and did it well. I look forward to the day for the accident. Record—you might say, well, if the lawsuits are over, then why won’t the when DOD officials accurately recognize the Madam Speaker, I continue to go on, sacrifice made by them and all the marines because this has been a 10-year effort Marine Corps give the families what of Nighthawk 72. they are looking for as a clear exonera- for the families of John Brow and From Lieutenant Colonel Ron tion of John Brow and Brooks Gruber? Brooks Gruber. Radich, he was the assistant JAGMAN Madam Speaker, the Marine Corps, Madam Speaker, I can’t answer that investigator: shortly after the accident, assigned but recently, about 4 months ago, I had It would be morally wrong to place the three marines the day after the acci- the pleasure of meeting with General blame on the pilots of Nighthawk 72. Prior to dent on April 8 to fly to Arizona and to Rutter, who was representing the Com- the mishap, control measures to mitigate do their own investigation for the mandant, and he was asking what the risk of vortex ring state were deficient. United States Marine Corps. At the would help the wives bring this to an With no knowledge, training, or warning time, Colonel Mike Morgan was the end, so to speak. There is no way you concerning the possible consequences of vor- lead investigator, assisted by Colonel can replace the husbands and the 17 tex ring state, the pilots of Nighthawk 72 marines who were burned to death. So were essentially on their own in uncharted Ron Radich and also Major Phil territory. Stackhouse. the wives gave me a paragraph that In the JAGMAN report that was the they would like for the Marine Corps to Madam Speaker, what Colonel official report for the Marine Corps of issue to them on Marine Corps sta- Radich is saying is that they were put the accident, on page 77 they stated: tionery and also a press release, into the cockpit flying this plane with 19 marines, counting the two pilots on During this investigation we found nothing Madam Speaker, and it states: that we would characterize as negligence, de- this plane, and they had no idea of how The United States Marine Corps concurs to react to the condition known as vor- liberate pilot error, or maintenance/material that pilots Lieutenant Colonel John Brow failure. and Major Brooks Gruber were not at fault tex ring state, VRS. They had not been Madam Speaker, in this 10-year jour- for the April 8, 2000, Osprey accident. The trained. The plane was not even pre- ney to clear the names of these two original accident report will officially in- pared to warn them of such a hap- Marine pilots, I reached out to the at- clude this statement of fact. A copy of the pening. torneys. John Brow and Brooks Gruber, official statement will be formally presented And the third investigator, Madam to the Gruber and Brow families as written their families employed Jim Furman, Speaker, was Captain Phil Stackhouse evidence to this fact. A press release and for- and he said: an attorney in Texas, who himself, was mal statement will also be publicly issued by I do not feel that our investigation reflects a helicopter pilot in Vietnam. He is an military officials. outstanding attorney, and he defended that the mishap was a result of pilot error Madam Speaker, I don’t know why and if this investigation was interpreted that the two pilots when they went and filed the Marine Corps has not been willing way, it was misinterpreted. For any record suit against Bell Boeing. to give the families this closure that that reflects the mishap was a result of pilot In a letter on April 28, 2010, from Jim they have asked for. error, it should be corrected. For any publi- Furman to me in this effort to clear cation that reflects the mishap was a result the names of John Brow and Brooks I just touched on a few of the letters of pilot error, it should be corrected and re- Gruber, he wrote: of many people who were so familiar canted. It was not the mission of the operation with the program and the V–22 in the Madam Speaker, there cannot be evaluation crew to discover the new bound- early stages that have joined in this ef- stronger support for this change to aries and limitations associated with the V– fort, so it is hard to understand why make sure that the Marine Corps would 22. Engineering test pilots, under appropriate the Marine Corps will not give the fam- issue a statement to the families and test conditions, should have done this. It is ilies this one paragraph. Madam also issue to the families a paragraph simply wrong and improper to place this bur- Speaker, I will continue to work and to that would clearly state that their hus- den upon Gruber and Brow. They did the best speak out because that’s the least that bands were not at fault. job they could have done under the cir- the Marine Corps can do for these fami- cumstances. Madam Speaker, some people might Prior to the March 2000 crash, the Navy al- lies. just say, Congressman, why have you ready had reports of strange asymmetric re- Let me also share that I reached out spent 10 years trying to clear the sponse in the aircraft. These events should to the investigators, Major Morgan, names of two pilots that you never have been completely investigated before Major Radich, and Major Stackhouse. knew? any more operational testing continued. Madam Speaker, they in July and Au- Well, Connie Gruber, the wife of Madam Speaker, I have over seven or gust of this year sent me 2-page letters Major Brooks Gruber, she does live in eight emails that are two or three from each one of them stating clearly Jacksonville, North Carolina, and she pages from Jim Furman in his effort to that if there is anything in the and her a little girl, Brook, deserve to help us clear the names of Colonel JAGMAN report that has been mis- have this paragraph for the future of John Brow and Major Brooks Gruber. understood, that they found it was their family, to clearly state that the From the attorney for the 17 ma- pilot error, to please have it recanted pilots were not at fault. rines’ families who were in the V–22 because that’s not what they wrote in Trish Brow lives over in California, that crashed—and these young men the JAGMAN. Maryland. John Brow was her husband,

VerDate Mar 15 2010 06:38 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.102 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE H1208 CONGRESSIONAL RECORD — HOUSE March 6, 2012 and I have been with one of her sons, have joined in this. Jim Shaffer, United States Army, to wear the insignia of Michael, who was in my office a year Madam Speaker, who was in the air at the grade of brigadier general; to the Com- ago in March when we talked about our the same time as this crash, he was fly- mittee on Armed Services. 5183. A letter from the Director, Regula- strategy to clear the names of these ing a V–22 when the other two were fly- tions Policy and Management Staff, Depart- two Marine pilots. I never will forget ing and before Nighthawk 72 crashed. ment of Health and Human Services, trans- that Michael leaned up after we talked, He was a friend of John Brow and mitting the Department’s final rule — Ex- about five adults, including his mom in Brooks Gruber. He has joined in this ef- ceptions or Alternatives to Labeling Re- there, and he leaned up and he said, fort. He believes that the right thing to quirements for Products Held by the Stra- May I say something? And we all said, do, based on the circumstances of the tegic National Stockpile [Docket No.: FDA- Certainly, whatever you’d like to say. time, that the right thing to do is to 2006-N-0364] received February 13, 2012, pursu- And he said, Will you please let me say that the two pilots were not at ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. clear my father’s name. fault. 5184. A letter from the Program Manager, Madam Speaker, the ball is in the Madam Speaker, I want to thank you Department of Health and Human Services, Marine Corps’ court. All of the evi- for staying a little bit later tonight to transmitting the Department’s final rule — dence and all of the experts have joined give me this time. I’m not going to Group Health Plans and Health Insurance in this effort to clear the names of the take the full 30 minutes. There is a lot Issuers Relating to Coverage of Preventive two pilots. On these charts, you can see more I could say, but I think that I’ve Services Under the Patient Protection and the faces of the two Marine pilots. done the first step of what is going to Affordable Care Act [CMS-9992-F] (RIN: 0938- Right immediately close to me is Colo- be many steps in coming to the floor AQ74) received February 14, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on nel John Brow, the pilot; and beside and talking about these two pilots and Energy and Commerce. him is Major Brooks Gruber, who was their families until we get the letter 5185. A letter from the Chief Operating Of- the copilot. I think about what I have from the Commandant that is just one ficer/President, Financing Corporation, said to the wives and to their sons and paragraph that clearly states that transmitting a copy of the Financing Cor- daughters: It’s time that the Marine Lieutenant Colonel John Brow, Major poration’s Statement on the System of In- Corps salute Colonel John Brow and Brooks Gruber, pilot and copilot, were ternal Controls and the 2011 Audited Finan- Major Brooks Gruber and say, Colonel not at fault for the crash that hap- cial Statements; to the Committee on Over- sight and Government Reform. and Major, you may rest in peace. pened on April 8, 2000, in Arizona. 5186. A letter from the Senior Program An- Don’t ever worry about your name So with that, Madam Speaker, I will alyst, Department of Transportation, trans- again. We have done everything we can ask God to please bless the families of mitting the Department’s final rule — Air- as the United States Marine Corps to these two pilots and the families of the worthiness Directives; BAE SYSTEMS (Op- make sure that the public knows that 17 Marines who were in the back of the erations) Limited Airplanes [Docket No.: you two, pilot and copilot, were not at V–22 that crashed and 19 died, to bless FAA-2011-0908; Directorate Identifier 2010- fault for that tragedy on April 8 of 2000. those families as well. I will ask God to NM-251-AD; Amendment 39-16870; AD 2011-24- 06] (RIN: 2120-AA64) received February 16, Madam Speaker, just a couple more please touch the heart of the United minutes and I will bring my comments 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the States Marine Corps so that these two Committee on Transportation and Infra- to a close. Marines can rest in peace. structure. I had someone send to me a quote by Madam Speaker, with that, I yield 5187. A letter from the Administrator, Na- Voltaire that says, ‘‘To the living, we back the balance of my time. tional Aeronautics and Space Administra- owe respect; to the dead, we owe the tion, transmitting a statement of actions truth.’’ And that’s why I wanted to be f with respect to the GAO report entitled: on the floor tonight to share just a few SENATE ENROLLED BILL SIGNED ‘‘NASA: Key Controls NASA Employs to Guide Use and Management of Funded Space comments by the experts, not by me. I The Speaker announced his signature am no expert. I’m just one man who be- Act Agreements are Generally Sufficient but to an enrolled bill of the Senate of the Some Could Be Strengthened and Clarified’’; lieves what the wife said, Connie following title: to the Committee on Science, Space, and Gruber: S. 1710. An act to designate the United Technology. My husband and John Brow cannot speak States courthouse located at 222 West 7th 5188. A letter from the Secretary, Depart- for themselves. Someone has to speak for Avenue, Anchorage, Alaska, as the James M. ment of Health and Human Services, trans- these two men to clear their names. Fitzgerald United States Courthouse. mitting a report entitled, Engagement in Ad- The lawsuits are over. They were set- ditional Work Activities and Expenditures tled out of court. It was a closed settle- f for Other Benefits and Services, April-June 2011: A Temporary Assistance for Needy ment. Nobody knows the figures except ADJOURNMENT Families (TANF) Report to Congress; to the the families. I’ve never heard a figure, Mr. JONES. Madam Speaker, I move Committee on Ways and Means. so I have no idea. But I know one that the House do now adjourn. 5189. A letter from the Chief, Publications thing. When a firm as large as Bell- The motion was agreed to; accord- and Regulations, Internal Revenue Service, transmitting the Service’s final rule — Ap- Boeing, which manufactured the V–22, ingly (at 6 o’clock and 48 minutes when they settle out of court, they plication of Section 267 to Section 304 Trans- p.m.), under its previous order and pur- actions [Notice 2012-15] received February 13, must feel some responsibility for the suant to House Resolution 571, the accident. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the House adjourned until tomorrow, Committee on Ways and Means. I hope and pray that soon the Marine Wednesday, March 7, 2012, at 10 a.m., 5190. A letter from the Chief, Publications Corps will close the chapter on the for morning-hour debate, as a further and Regulations, Internal Revenue Service, tragedy in the life of Trish Brow and mark of respect to the memory of the transmitting the Service’s final rule — Phys- Connie Gruber. The reason they want ical Inspection Pilot Program [Notice 2012- late Honorable DONALD M. PAYNE. the letter, Madam Speaker, is so their 18] received February 13, 2012, pursuant to 5 children, 10, 15, 20 years from now, f U.S.C. 801(a)(1)(A); to the Committee on whenever there’s another article writ- Ways and Means. EXECUTIVE COMMUNICATIONS, 5191. A letter from the Chief, Publications ten about the V–22 crash in Arizona in ETC. and Regulations, Internal Revenue Service, the year 2000 and they misstate that Under clause 2 of rule XIV, executive transmitting the Department’s final rule — this was pilot error, that the families Section 51 — Work Opportunity Tax Credit; will have an official letter from the communications were taken from the Section 52 — Special Rules; Section 3111(e) — Commandant of the Marine Corps that Speaker’s table and referred as follows: Credit for Employment of Qualified Veterans will clearly state that John Brow and 5181. A letter from the Acting Under Sec- [Notice 2012-13] received February 14, 2012, Brooks Gruber were not at fault. retary, Department of Defense, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Madam Speaker, I’m going to close in authorization of Captain Hugh D. Wetherald, mittee on Ways and Means. United States Navy, to wear the authorized 5192. A letter from the Inspector General, about 2 minutes. insignia of the grade of rear admiral (lower Department of Health and Human Services, I want to call on the United States half); to the Committee on Armed Services. transmitting Community Living Assistance Marine Corps to come forward and give 5182. A letter from the Acting Under Sec- Services and Supports Program: 2011 Report the families what they are asking. The retary, Department of Defense, transmitting to Congress; jointly to the Committees on three investigators, as I said earlier, authorization of Colonel Cedric T. Wins, Energy and Commerce and Ways and Means.

VerDate Mar 15 2010 04:45 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.104 H06MRPT1 pwalker on DSK7TPTVN1PROD with HOUSE March 6, 2012 CONGRESSIONAL RECORD — HOUSE H1209 5193. A letter from the Special Inspector tion to cover a children’s program of all-in- icaid program is authorized by Article 1, Sec- General For Iraq Reconstruction, transmit- clusive coordinated care (ChiPACC) under tion 8, Clause 1, which grants Congress au- ting the Special Inspector General for Iraq the Medicaid Program; to the Committee on thority regarding Defence [sic] and general Reconstruction (SIGIR) January 2012 Quar- Energy and Commerce. Welfare of the United States; and Clause 3 terly Report and Semiannual Report; jointly By Mr. PETRI: regarding the regulation of commerce among to the Committees on Foreign Affairs and H.R. 4148. A bill to establish the Fox-Wis- the states. Appropriations. consin Heritage Parkway National Heritage By Mr. PETRI: 5194. A letter from the Assistant Attorney Area, and for other purposes; to the Com- H.R. 4148. General, Department of Justice, transmit- mittee on Natural Resources. Congress has the power to enact this legis- ting fourth quarterly report of FY 2011 on By Mr. SOUTHERLAND: lation pursuant to the following: the Uniformed Services Employment and Re- H.R. 4149. A bill to amend title XVI of the Article I, Section 8, Clause 1 of the Con- employment Rights Act; jointly to the Com- Social Security Act to clarify that the value stitution. mittees on the Judiciary and Veterans’ Af- of certain funeral and burial arrangements By Mr. SOUTHERLAND: fairs. are not to be considered available resources H.R. 4149. 5195. A letter from the Assistant Secretary, under the supplemental security income pro- Congress has the power to enact this legis- Legislative Affairs, Department of State, gram; to the Committee on Ways and Means. lation pursuant to the following: transmitting Report to Congress: Under the By Mr. SMITH of New Jersey: The Social Security Act has been upheld Temporary Payroll Tax Cut Continuation H. Res. 571. A resolution expressing the under the power to tax and spending under Act of 2011 Section 501(b)(2) Concerning the condolences of the House of Representatives Article I Section 8, Clause 1 of the U.S. Con- Presidential Permit Application of the Pro- on the death of the Honorable Donald M. stitution. posed Keystone XL Pipeline; jointly to the Payne, a Representative from the State of Committees on Transportation and Infra- New Jersey; considered and agreed to. f structure, Foreign Affairs, Energy and Com- By Ms. WOOLSEY (for herself, Ms. ADDITIONAL SPONSORS merce, and Natural Resources. WASSERMAN SCHULTZ, Ms. MOORE, Mr. f OLVER, Ms. BORDALLO, Ms. NORTON, Under clause 7 of rule XII, sponsors Ms. MCCOLLUM, Mr. LEWIS of Georgia, REPORTS OF COMMITTEES ON were added to public bills and resolu- Mr. LEVIN, Mr. RANGEL, Ms. RICHARD- tions as follows: PUBLIC BILLS AND RESOLUTIONS SON, Mr. VAN HOLLEN, Mr. CAPUANO, H.R. 31: Mr. MCCOTTER. Mr. GRIJALVA, Mr. LANGEVIN, Mr. Under clause 2 of rule XIII, reports of H.R. 32: Mr. HINOJOSA, Mr. KISSELL, and FARR, Ms. LORETTA SANCHEZ of Cali- committees were delivered to the Clerk Ms. BONAMICI. fornia, Mr. HINCHEY, Ms. CLARKE of for printing and reference to the proper H.R. 157: Mr. LUETKEMEYER and Mr. New York, Ms. SPEIER, Mr. REYES, calendar, as follows: AMODEI. Mr. KIND, Mrs. DAVIS of California, Mr. BACHUS: Committee on Financial H.R. 192: Ms. SLAUGHTER. Ms. LEE of California, Mr. CARNAHAN, Services. Supplemental report on H.R. 3606. H.R. 303: Ms. BONAMICI, Mr. BERG, and Mr. Ms. MATSUI, Mr. CONYERS, Mr. SIRES, A bill to increase American job creation and AMODEI. and Ms. SCHAKOWSKY): H.R. 333: Ms. HOCHUL and Ms. CHU. economic growth by improving access to the H. Res. 573. A resolution supporting the H.R. 431: Mrs. LUMMIS. public capital markets for emerging growth goals and ideals of National Women’s His- H.R. 450: Mr. JONES, Mr. BENISHEK, and Mr. companies (Rept. 112–406, Pt. 2). Committed tory Month; to the Committee on Oversight WALSH of Illinois. to the Committee of the Whole House on the and Government Reform. state of the Union and ordered to be printed. H.R. 452: Mr. ADERHOLT and Mr. HASTINGS Mr. SESSIONS: Committee on Rules. f of Washington. House Resolution 572. Resolution providing CONSTITUTIONAL AUTHORITY H.R. 469: Ms. NORTON and Mr. SMITH of for consideration of the bill (H.R. 3606) to in- STATEMENT Washington. crease American job creation and economic H.R. 578: Mr. BUCHANAN. growth by improving access to the public Pursuant to clause 7 of rule XII of H.R. 854: Mr. RYAN of Ohio. capital markets for emerging growth compa- the Rules of the House of Representa- H.R. 870: Mr. ROTHMAN of New Jersey and nies (Rept. 112–409). Referred to the House tives, the following statements are sub- Mr. BISHOP of Georgia. Calendar. mitted regarding the specific powers H.R. 925: Mr. HINOJOSA. f granted to Congress in the Constitu- H.R. 972: Mr. MANZULLO. tion to enact the accompanying bill or H.R. 1176: Mr. ISRAEL. PUBLIC BILLS AND RESOLUTIONS H.R. 1179: Ms. GRANGER. joint resolution. Under clause 2 of rule XII, public H.R. 1190: Mr. PIERLUISI. bills and resolutions of the following By Mr. BACA: H.R. 1206: Mr. RIGELL, Mrs. BLACK, and Mr. H.R. 4144. YOUNG of Alaska. titles were introduced and severally re- Congress has the power to enact this legis- ferred, as follows: H.R. 1236: Mr. COURTNEY. lation pursuant to the following: H.R. 1265: Mr. BRALEY of Iowa, Mr. WEB- By Mr. BACA: Article I, Section 8, Clause 3 STER, Mr. GARY G. MILLER of California, and H.R. 4144. A bill to amend the State Small By Mr. CHABOT: Mr. LUETKEMEYER. Business Credit Initiative Act of 2010 to H.R. 4145. H.R. 1267: Mr. SCHRADER. allow participating States to provide pro- Congress has the power to enact this legis- H.R. 1288: Ms. HAHN, Mr. BACA, Mr. HONDA, gram funds to community development hous- lation pursuant to the following: Mr. DOYLE, Mr. BOSWELL, and Mr. LATTA. ing organizations for development of afford- The U.S. Constitution, Article I, Section 8, H.R. 1443: Mr. MANZULLO. able housing; to the Committee on Financial Clause 1 and The U.S. Constitution, Article H.R. 1488: Ms. BONAMICI. Services. I, Section 8, Clause 18: The Congress shall H.R. 1505: Mr. GUTHRIE. By Mr. CHABOT: have power to provide for the general Wel- H.R. 1509: Ms. WASSERMAN SCHULTZ. H.R. 4145. A bill to reform the program for fare of the United States [and] To make all H.R. 1614: Mr. ALEXANDER. rental assistance under section 8 of the laws which shall be necessary and proper for H.R. 1639: Mr. BARTLETT. United States Housing Act of 1937, and for carrying into execution the foregoing pow- H.R. 1681: Mr. CLARKE of Michigan and Ms. other purposes; to the Committee on Finan- ers, and all other powers vested by this Con- BONAMICI. cial Services. stitution in the government of the United H.R. 1697: Mr. TIBERI, Mr. GIBBS, Ms. By Mr. ELLISON (for himself, Mr. States, or in any department or officer GRANGER, Mr. FARENTHOLD, and Mr. WOLF. PAULSEN, and Mr. WALZ of Min- thereof. H.R. 1704: Ms. HAHN and Mr. PERLMUTTER. nesota): By Mr. ELLISON: H.R. 1718: Mrs. CAPPS. H.R. 4146. A bill to authorize the Secretary H.R. 4146. of the Army to take actions to manage the Congress has the power to enact this legis- H.R. 1738: Mr. CLARKE of Michigan and Mr. threat of Asian carp traveling up the Mis- lation pursuant to the following: LEWIS of Georgia. sissippi River in the State of Minnesota, and Article I, Section 8, Clause 3 of the United H.R. 1742: Mr. TOWNS, Mr. TIERNEY, Mr. for other purposes; to the Committee on States Constitution. JOHNSON of Georgia, Mr. LATHAM, and Mr. Transportation and Infrastructure, and in Article I, Section 8, Clause 14 of the United PLATTS. addition to the Committee on Natural Re- States Constitution. H.R. 1746: Ms. ZOE LOFGREN of California. sources, for a period to be subsequently de- Article I, Section 8, Clause 18 of the United H.R. 1760: Mrs. CAPPS. termined by the Speaker, in each case for States Constitution. H.R. 1802: Mr. FITZPATRICK. consideration of such provisions as fall with- By Mr. MORAN: H.R. 1903: Ms. CLARKE of New York and Mr. in the jurisdiction of the committee con- H.R. 4147. SIRES. cerned. Congress has the power to enact this legis- H.R. 1922: Mr. ROSS of Florida. By Mr. MORAN: lation pursuant to the following: H.R. 1956: Mrs. MYRICK. H.R. 4147. A bill to amend title XIX of the This legislation, which amends the Social H.R. 1964: Mr. DUFFY. Social Security Act to provide States an op- Security Act, title XIX relating to the Med- H.R. 1971: Mr. KISSELL.

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H.R. 2003: Mr. FILNER. H.R. 3510: Mr. COHEN, Mr. FARR, Mr. ROTH- H.R. 4132: Mr. BILBRAY. H.R. 2016: Mr. DOYLE, Ms. RICHARDSON, and MAN of New Jersey, Mr. REED, and Mr. KLINE. H.R. 4141: Mr. CLEAVER, Mr. RUSH, Ms. LEE Mr. CARNAHAN. H.R. 3553: Mr. BLUMENAUER and Mr. BER- of California, Mr. CONYERS, Ms. CLARKE of H. R. 2106: Ms. JACKSON LEE of Texas, Mr. MAN. New York, Mr. FALEOMAVAEGA, Mr. MEEKS, DAVID SCOTT of Georgia, Mr. AL GREEN of H.R. 3568: Mr. HINOJOSA. Mr. CONNOLLY of Virginia, Mr. SIRES, and Ms. Texas, Ms. WILSON of Florida, and Ms. EDDIE H.R. 3594: Mr. JOHNSON of Ohio, Mr. HAR- WILSON of Florida. BERNICE JOHNSON of Texas. RIS, and Mr. YOUNG of Alaska. H.J. Res. 47: Mr. SARBANES. H.R. 2108: Mr. FORTENBERRY and Mr. H.R. 3596: Mr. ALTMIRE, Mr. PERLMUTTER, H.J. Res. 88: Mr. MURPHY of Connecticut. SCHRADER. Mr. ISRAEL, Mr. CUMMINGS, Ms. RICHARDSON, H.J. Res. 103: Mr. SCOTT of South Carolina. H.R. 2139: Mr. GALLEGLY, Mr. GEORGE MIL- and Ms. HIRONO. H.J. Res. 104: Mr. LUETKEMEYER, Mr. FLO- LER of California, and Mr. HARPER. H.R. 3612: Mr. THORNBERRY. RES, and Mr. PENCE. H.R. 2152: Mr. CAPUANO. H.R. 3635: Mr. DOGGETT, Ms. ROYBAL- H. Con. Res. 87: Mr. JACKSON of Illinois. H.R. 2159: Ms. SPEIER and Mr. CHANDLER. ALLARD, and Mr. HONDA. H. Con. Res. 101: Mr. TIPTON. H.R. 2179: Mr. BILIRAKIS and Mr. JOHNSON H.R. 3643: Mr. HEINRICH. H. Res. 16: Ms. ROS-LEHTINEN and Mr. H.R. 3662: Mr. AMODEI, Mr. CANSECO, Mr. of Ohio. MCGOVERN. FARENTHOLD, and Mr. NUNNELEE. H.R. 2194: Ms. RICHARDSON. H. Res. 20: Mr. QUIGLEY. H.R. 3667: Mr. BONNER. H.R. 2245: Mr. BROOKS and Mr. ACKERMAN. H. Res. 474: Mr. KUCINICH and Mr. MCIN- H.R. 3697: Mr. BUCSHON. H.R. 2288: Mr. MCCOTTER. TYRE. H.R. 3737: Mr. RIBBLE. H.R. 2324: Mr. REYES, Ms. BONAMICI, Ms. H. Res. 478: Ms. SLAUGHTER. H.R. 3767: Mr. JOHNSON of Ohio and Mr. HIRONO, and Mrs. LOWEY. H. Res. 568: Ms. SCHWARTZ, Mrs. LOWEY, H.R. 2412: Mr. DOYLE. PETERS. H.R. 3783: Mr. CICILLINE, Mr. KELLY, Mr. Mr. WAXMAN, Mr. ENGEL, Mr. TOWNS, Mr. H.R. 2485: Mr. RIBBLE. SCHIFF, Mr. ROTHMAN of New Jersey, Mr. H.R. 2492: Mr. LATHAM. MANZULLO, Mrs. BACHMANN, Mr. FALEOMAVAEGA, Mr. AUSTIN SCOTT of Geor- LANCE, Mr. MARKEY, Mr. HOLT, Mr. PAS- H.R. 2502: Mr. PIERLUISI. CRELL, Mr. BISHOP of Georgia, Ms. BERKLEY, HOMPSON gia, Mr. RIVERA, and Mr. SHERMAN. H.R. 2557: Mr. T of California and Mr. FINCHER, Mr. BURGESS, Mr. LANKFORD, Mr. ACKERMAN. H.R. 3789: Ms. BONAMICI. EORGE ILLER Mr. WALBERG, Mrs. ROBY, Mr. COFFMAN of H.R. 2655: Mr. HEINRICH and Mr. TURNER of H.R. 3798: Mr. G M of Cali- Colorado, Ms. DEGETTE, Mr. SHULER, Mr. Ohio. fornia, Mr. HINCHEY, Mr. BARTLETT, Mr. GENE GREEN of Texas, Mr. WEST, Mr. OWENS, H.R. 2695: Mr. DOGGETT and Mr. MORAN. BILBRAY, and Mr. GUTIERREZ. H.R. 3811: Mr. BARLETTA. Mr. CRAVAACK, Mr. GALLEGLY, Mr. PRICE of H.R. 2696: Mr. DOGGETT, Mr. MCGOVERN, H.R. 3814: Mr. JOHNSON of Ohio. Georgia, Mrs. ADAMS, Mr. CRITZ, Mr. ALT- and Mr. MORAN. H.R. 3826: Ms. BERKLEY and Ms. SCHA- MIRE, Ms. HANABUSA, Mr. LOBIONDO, Mr. RI- H.R. 2738: Mr. KEATING. KOWSKY. VERA, Mr. LARSON of Connecticut, Mr. COBLE, H.R. 2805: Mr. CLARKE of Michigan. H.R. 3849: Mr. LANKFORD. Mr. CAMP, Mr. SIRES, Mr. BURTON of Indiana, H.R. 2834: Mr. HUNTER. H.R. 3850: Mr. TIPTON and Ms. HERRERA Mr. SCHOCK, Mr. HOLDEN, Mr. SCHWEIKERT, H.R. 2900: Mr. MANZULLO. BEUTLER. Mr. MICA, Mr. KINZINGER of Illinois, Mr. H.R. 2960: Mr. BENISHEK. H.R. 3851: Mr. SCHILLING, Mrs. ELLMERS, NUGENT, and Mr. MILLER of Florida. H.R. 3001: Mr. MURPHY of Connecticut, Mr. and Ms. HERRERA BEUTLER. WEST, Mr. LIPINSKI, Mr. HARRIS, and Mr. H.R. 3859: Mr. LATHAM. f WOLF. H.R. 3863: Ms. BALDWIN. H.R. 3059: Mr. CUMMINGS and Ms. HAHN. H.R. 3877: Mr. KLINE. H.R. 3151: Mrs. LOWEY, Ms. CLARKE of New CONGRESSIONAL EARMARKS, LIM- H.R. 3893: Mr. SCHILLING, Mr. TIPTON, and York, Ms. WILSON of Florida, Mrs. CAPPS, Mrs. ELLMERS. ITED TAX BENEFITS, OR LIM- Ms. RICHARDSON, and Mr. CONYERS. H.R. 3895: Mr. WALSH of Illinois. ITED TARIFF BENEFITS H.R. 3164: Mr. SCHIFF and Ms. LINDA T. H.R. 3974: Ms. BALDWIN. SA´ NCHEZ of California. Under clause 9 of rule XXI, lists or H.R. 3980: Mr. SCHILLING. statements on congressional earmarks, H.R. 3238: Mr. TIERNEY. H.R. 3984: Mr. GRIJALVA, Ms. BROWN of H.R. 3269: Mr. CHAFFETZ, Mr. Florida, and Mr. WAXMAN. limited tax benefits, or limited tariff SOUTHERLAND, Mr. ACKERMAN, Mr. H.R. 3987: Mr. GRAVES of Missouri, Mr. benefits were submitted as follows: SCHWEIKERT, and Mr. FRELINGHUYSEN. SCHILLING, Mr. HANNA, Mr. WEST, and Mr. The amendment to be offered by Rep- H.R. 3283: Mr. CLAY. CHABOT. resentative FINCHER, or a designee, to H.R. H.R. 3288: Mr. AMODEI. H.R. 4010: Mr. BUTTERFIELD, Mr. BRALEY of 3606, the Jumpstart Our Business Startups H.R. 3313: Mr. ELLISON. Iowa, and Mr. CROWLEY. Act, does not contain any congressional ear- H.R. 3337: Mr. FORBES. H.R. 4018: Mr. MARINO. marks, limited tax benefits, or limited tariff H.R. 3359: Mr. GRIJALVA. H.R. 4032: Mr. MORAN, Mr. CLAY, Mr. GRI- benefits as defined in clause 9 of rule XXI. H.R. 3364: Mr. ALTMIRE. JALVA, Mr. BISHOP of Georgia, and Mr. H.R. 3368: Mr. TONKO. KISSELL. f H.R. 3423: Mrs. SCHMIDT, Mr. LARSEN of H.R. 4036: Mr. LANKFORD. Washington, Mr. NEAL, Mr. STIVERS, Mr. H.R. 4040: Mr. TERRY. DOGGETT, Mr. MARKEY, Mr. MCGOVERN, Ms. H.R. 4070: Mr. ROSS of Florida and Mr. DELETIONS OF SPONSORS FROM SPEIER, Mr. ROGERS of Alabama, Mr. WEST. PUBLIC BILLS AND RESOLUTIONS NUNNELEE, and Mrs. CAPPS. H.R. 4081: Mr. SCHILLING. Under clause 7 of rule XII, sponsors H.R. 3462: Mr. ELLISON. H.R. 4105: Mrs. NOEM and Mr. WELCH. were deleted from public bills and reso- H.R. 3485: Mr. RYAN of Ohio, Ms. RICHARD- H.R. 4121: Ms. CLARKE of New York. SON, Mr. FATTAH, Mr. DOYLE, Mr. SHERMAN, H.R. 4123: Mr. SMITH of Washington, Mr. lutions as follows: Mr. COURTNEY, and Mr. SCHIFF. BECERRA, Mr. PASCRELL, Ms. LINDA T. H.R. 3610: Mr. CLAY. H.R. 3490: Ms. HIRONO. SA´ NCHEZ of California, and Mr. FARR. H.R. 3611: Mr. CLAY.

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Vol. 158 WASHINGTON, TUESDAY, MARCH 6, 2012 No. 36 Senate The Senate met at 10 a.m. and was Mr. BLUMENTHAL thereupon as- The Senator from Washington. called to order by the Honorable RICH- sumed the chair as Acting President f ARD BLUMENTHAL, a Senator from the pro tempore. RICE NOMINATION State of Connecticut. f Mrs. MURRAY. Mr. President, I come PRAYER RECOGNITION OF THE MAJORITY to the floor today to urge my col- The Chaplain, Dr. Barry C. Black, of- LEADER leagues to vote in support of Thomas fered the following prayer: The ACTING PRESIDENT pro tem- Rice. He has been nominated to serve Let us pray. pore. The majority leader is recog- as the next Federal judge for the East- O God, who put into our hearts such nized. ern District of my home State of Wash- deep desires that we can’t be at peace ington. until we rest in You, satisfy the long- f Mr. Rice is a distinguished attorney ings of our souls with Your merciful SCHEDULE who has dedicated his professional ca- presence. reer to serving the public in the U.S. Lord, open the minds of our law- Mr. REID. Mr. President, following Attorney’s Office. In that time he has makers to the counsels of Your eternal leader remarks, the Senate will be in a earned the respect of Federal judges, wisdom, breathing into their hearts period of morning business for 1 hour. opposing defense attorneys, his fellow Your peace which passes under- The majority will control the first half, prosecutors, and local law enforcement standing. Increase their hunger for jus- Republicans the second half. Following officials. tice in our Nation and world, as they morning business, the Senate will re- Mr. Rice has a deep connection to find grace to seek first Your kingdom. sume consideration of S. 1813, which is eastern Washington and its legal com- May their moments and days ever flow the surface transportation bill. The fil- munity. He graduated from Gonzaga in ceaseless praise. ing deadline for second-degree amend- University with a degree in accounting, We pray in Your holy Name. Amen. ments is today at 11:30. At noon there and then he returned on a full scholar- will be a cloture vote on the substitute f ship to earn his law degree. After earn- amendment. The Senate will recess PLEDGE OF ALLEGIANCE ing that degree, Mr. Rice moved di- from 12:30 to 2:15 p.m. to allow for the rectly into public service as a trial at- The Honorable RICHARD BLUMENTHAL weekly caucus meetings. At 2:15 there torney with the Department of Justice led the Pledge of Allegiance, as follows: will be two votes on the confirmation in Washington, DC. He then returned I pledge allegiance to the Flag of the of the Phillips and Rice nominations to to the Eastern District to work in the United States of America, and to the Repub- be judges. U.S. Attorney’s Office, climbing the lic for which it stands, one nation under God, Will the Chair announce the business indivisible, with liberty and justice for all. ranks to become the first U.S. attorney today. responsible for the management of the f f Spokane office, and he is currently the APPOINTMENT OF ACTING RESERVATION OF LEADER TIME highest ranking career DOJ official in PRESIDENT PRO TEMPORE the Eastern District. The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- Over his 20 years of practice, Mr. clerk will please read a communication pore. Under the previous order, the Rice has tried over 1,000 criminal cases to the Senate from the President pro leadership time is reserved. dealing with nearly every area of Fed- tempore (Mr. INOUYE). f eral law. He has gone above and beyond The legislative clerk read the fol- his duties, volunteering additional lowing letter: MORNING BUSINESS hours at the office, taking on extra U.S. SENATE, The ACTING PRESIDENT pro tem- cases, and establishing the local PRESIDENT PRO TEMPORE, pore. Under the previous order, there Antiterrorism Advisory Council, which Washington, DC, March 6, 2012. will now be a period of morning busi- brings together representatives from To the Senate: ness for 60 minutes, with Senators per- every law enforcement agency in the Under the provisions of rule I, paragraph 3, mitted to speak therein for up to 10 Eastern District. of the Standing Rules of the Senate, I hereby minutes, with the time equally divided As the assistant U.S. attorney, he appoint the Honorable RICHARD BLUMEN- THAL, a Senator from the State of Con- and controlled between the two leaders has earned the reputation of being necticut, to perform the duties of the Chair. or their designees, with the majority tough on crime but also levelheaded DANIEL K. INOUYE, controlling the first half and the Re- and fair in the conduct of his prosecu- President pro tempore. publicans controlling the final half. tions. Mr. Rice clearly meets the

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

S1401

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VerDate Mar 15 2010 03:06 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.000 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1402 CONGRESSIONAL RECORD — SENATE March 6, 2012 standards of fairness, evenhandedness, a great lawyer, and he is a community sions that literally change our lives. and adherence to the law we expect of leader who I believe will make an ex- Second, the Supreme Court should for- our Federal judges. ceptional Federal judge. mally adopt the Judicial Code of Con- I know I speak on behalf of so many I really come today to also call on duct, which currently applies to all in the Washington State legal commu- Republicans to end their obstruction other Federal judges but for some inex- nity in supporting his nomination and allow us to move forward quickly plicable reason does not apply to Jus- today. Mr. Rice’s nomination was the on debates and votes on these judicial tices of the Supreme Court. The Court product of a bipartisan selection com- nominations that have been back- should also make public the other eth- mission we use in the State of Wash- logged for far too long. ics rules it follows. ington, and he received strong endorse- I yield the floor and suggest the ab- The Supreme Court decisions impact ments from both sides of the aisle. sence of a quorum. the lives of every American, but access We continue to use our bipartisan se- The ACTING PRESIDENT pro tem- to open sessions of the Court is incred- lection process in Washington State, pore. The clerk will call the roll. ibly limited. As a result, the Court’s despite the fact that it does take more The legislative clerk proceeded to proceedings and the way it arrives at time and a lot of effort, because it call the roll. decisions are a mystery. Most Ameri- works to select judges of the highest Mr. DURBIN. Mr. President, I ask cans will never see the Supreme Court quality and because it is intended to unanimous consent that the order for at work unless they are willing and remove partisanship in the selection of the quorum call be rescinded. able to travel to Washington, DC, and our judges. You would think someone The ACTING PRESIDENT pro tem- wait in line for hours or sometimes such as Thomas Rice would be able to pore. Without objection, it is so or- sleep outside overnight on the pave- move through this process very quickly dered. ment in an effort to secure one of 250 and get to work on the court. Unfortu- f seats in the Supreme Court courtroom. nately, some of our colleagues on the In a democratic society that values PUBLIC TRUST other side of the aisle have slowed transparency and openness, there is no down and delayed this vote. Mr. Rice’s Mr. DURBIN. Mr. President, we live valid justification for such a powerful nomination was actually reported in a time when public trust in all of element of our government to operate unanimously out of the Judiciary Com- our government institutions is at an largely outside the view of American mittee in October of last year, with alltime low and unfortunately con- people. strong bipartisan support—almost 4 tinues to deteriorate. Recent polls indi- I am pleased to have partnered with months ago. But his nomination has cate public confidence in Congress is at Senator CHUCK GRASSLEY, my Repub- sat on the Executive Calendar because 11 percent, which is a record-low ap- lican colleague from Iowa, on the Cam- some Senate Republicans refuse to con- proval rating. eras in the Courtroom Act, S. 1945. He sent to debate and vote on nominations Americans have been skeptical of and I continue the work of our former just like his. I have not heard any ob- politicians in general and Congress in colleague, Senator Specter, on this im- jections from Republicans about Mr. particular from the beginning of this portant issue. Our bill would require Rice’s qualifications, nor have I heard Republic. It is a healthy skepticism televising of all open sessions of the any Republican claim they have been which reflects the freedoms that are Court unless a majority of the Justices unfairly blocked from any process. part of our democracy and the right of determine that doing so would violate This delay is the result of an unprece- people to disagree with leadership with due process rights of one or more of the dented effort by Senate Republicans to impunity under our Constitution, with parties before the Court. We give to the delay and block all of President some limitations. So I take it in his- Court the last word on any given argu- Obama’s judicial nominees. torical context but still cannot escape ment or case as to whether it will be There are now 20 judicial nomina- the reality that the numbers today are public and televised. tions reported favorably by the Judici- lower than ever. In the coming weeks, the Supreme ary Committee that are still sitting in The legislative branch is not the only Court is going to consider the constitu- wait on a final Senate vote. Fourteen branch of government the public holds tionality of one of the most important of those nominations have been pend- in low regard. Polls also indicate that pieces of legislation to be considered ing since last year and should have the U.S. Supreme Court has recently by Congress and signed by the Presi- been confirmed before the end of last received its second lowest approval rat- dent in decades—the affordable care year. Eighteen of those nominations ing in history. act. During the yearlong congressional received strong bipartisan support One way those of us who serve in gov- debate on health care reform, every from the Judiciary Committee. They ernment can increase public trust and hearing, floor debate, and vote was ac- deserve to move through this process confidence is to be more transparent cessible to every American with a tele- in a fair way and get a vote here on the about how we operate and the stand- vision set or a Webcast and a com- floor of the Senate—especially when ards to which we are held. The recent puter, at all times. The American peo- both sides have agreed they are going passage of the STOCK Act in the Sen- ple should have the same opportunity to pass—because even though Repub- ate is an indication of a continuing ef- to watch the open session of the Su- licans are making this about politics fort to alert the public to what we do preme Court as it considers the con- here in DC, this does have a real im- as Members of Congress which bears stitutionality of health care reform pact on our families and the court sys- scrutiny. legislation. On this point, there is bi- tem throughout America. Nearly 10 I make a disclosure each year, which partisan agreement. Despite our strong percent of the Federal judgeships re- goes beyond the requirements of the disagreements about the substance of main vacant right now, and 130 million law, and many others do as well. The the affordable care act, Democrats and Americans live in districts or circuits STOCK Act will bring many Members Republicans from both Chambers have that have a vacancy that could be of Congress to an even higher level of written to the Supreme Court, urging filled today if the Republican obstruc- disclosure—as they should be. One way them to permit live video and audio tion would end on nominations that we can increase our confidence in the broadcasts of the health care reform have been vetted, considered, and fa- institutions of government is to ad- argument. The Court should allow live vorably reported by the Judiciary Com- dress those aspects which add to trans- broadcasts of the health care reform mittee, including families in the East- parency and add to trust. hearing and all other open sessions of ern District of my home State. This I think it is time for the Supreme Court since each of the Court’s deci- kind of obstruction is not good for our Court to provide more transparency sions has the potential to have a trans- country. It hurts families’ ability to and accountability in two specific formative impact on the lives of so access the courts in a timely fashion, areas: First, the Supreme Court should many Americans. and it puts politics ahead of our judi- allow live television cameras to broad- There are some who say we should cial system. cast open Court sessions so the general not allow cameras in the Supreme I urge all of our colleagues today to public can see firsthand how the Court Court because only bits and pieces of vote in support of Thomas Rice. He is operates and arrives at critical deci- Court proceedings would be televised,

VerDate Mar 15 2010 00:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.001 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1403 and they might be taken out of con- cannot be said for the Supreme Court intend to question or impugn any Jus- text. That reminds me of an editorial of the United States. tice with my suggestions. But let’s be from a few years ago, and here is what Our Supreme Court has publicly clear; we live in an era where there is it said: adopted some limited ethics rules but a great deal of mistrust in government Keeping cameras out to prevent people not others. The Court does not have an institutions, starting with Congress from getting the wrong idea is a little like ethics office, nor is it subject to the ju- but through all branches of govern- removing the paintings from an art museum dicial conference which regulates all ment. At the same time modern tech- out of fear that visitors might not have the other Federal judges outside the Su- nology enables us to provide the Amer- art history background to appreciate them. preme Court. Instead, as the highest ican people with more access to the Similar arguments were made when Court in the land, the Supreme Court workings of government which could consideration was given to televising polices itself, and it asks the American help to reduce some of this mistrust. these proceedings. Nevertheless, for people to just trust them. Of course, I I, and many of my colleagues in the two decades the legislative sessions have the highest respect for the Jus- Senate, have worked for many years to and committee meetings in the Senate tices’ abilities and their judgment. It increase openness and transparency in and the House have been broadcast has been my honor to come to know Congress and the executive branch. I live, and the legislative branch is bet- some of these Justices personally over encourage the Supreme Court to take ter for it. The majority of States per- the years. But if the public is asked to the same approach. Televising Su- mit live video coverage in some or all trust the Justices to police themselves, preme Court proceedings and making of their courts. It is time the Supreme we are at least entitled to know the public the Court’s ethics rules would be Court did the same. rules by which they play. a good start. The American people de- Mr. President, I am sure you have To its credit, some of the Supreme serve to be able to watch the Supreme found when you have gone back home Court’s ethics rules are already pretty Court arguments and cases that can af- there are people who watch C–SPAN clear. Through an internal resolution, fect their lives, and they deserve to nonstop. I have literally had people in the Supreme Court has adopted the know the ethical standards that govern my hometown of Springfield come up same financial restrictions that apply the Court when it decides cases. to me in the grocery store and say: Is to all other Federal employees. I re- Senator BERNIE SANDERS feeling well? I cently sent a letter—along with Sen- f saw him sitting at his desk, and he ators LEAHY, WHITEHOUSE, FRANKEN, GASOLINE PRICES looked a little bit pale. and BLUMENTHAL—to John Roberts, the They follow it with such close regard Chief Justice of the Supreme Court, Mr. DURBIN. Mr. President, I men- for the Members and the speeches that asking him to publicly release one of tioned yesterday on the Senate floor I it is a surprise to many of us who live the Court’s resolutions which says that spent a great deal of time in deep in this institution and work in it every the Justices will follow the same regu- southern Illinois where some dev- day. lations on outside employment, hono- astating and fatal tornadoes hit last In my view, the Cameras in the raria, and income that apply to other week. As I said then and will repeat Courtroom Act is a reasonable ap- justices. The Chief Justice agreed to briefly now, the amazing outpouring of proach that balances the public’s need our requests and publicly released this voluntarism and support from people for information and transparency with resolution for the first time since it far and wide was inspiring to me. It is the constitutional rights of those who was adopted in 1991. I applaud Chief great to know that, just as I had hoped, appear before the court. As in past Justice Roberts’ action. I encourage the people in my State rallied to help years, the Cameras in the Courtroom him and the other Justices to continue the victims. Act enjoys bipartisan support. on this path by releasing all of their There were formal organizations such I thank Senators KLOBUCHAR, COR- ethics rules. as the American Red Cross and infor- NYN, SCHUMER, HARKIN, GILLIBRAND, Nevertheless, there is more work for mal organizations such as Operation BEGICH, and the Presiding Officer, Sen- the Supreme Court to do to increase Blessing which brought together ator BLUMENTHAL, for cosponsoring the transparency and accountability. The churches from all over the area. There bill. These Senators, as well as Senator Court should either adopt a court reso- was a Methodist church from Carrier GRASSLEY and myself, believe public lution agreeing to follow the judicial Mills with about 20 of their parish- scrutiny of Supreme Court proceedings code of conduct—the same ethics code ioners. Some were children with rakes will produce greater accountability, that applies to all other Federal doing everything they could to help transparency, and understanding. judges—or adopt and publicly disclose clean up the mess. It was inspiring to I thank Senator LEAHY, chairman of their own ethics code. Many have see that. I was happy for that. the Senate Judiciary Committee, for called for the Supreme Court to adopt I will tell you that in addition to the scheduling my bill, the Cameras in the the Judicial Code of Conduct. tornado issue we faced, the one thing Courtroom Act, for a vote in the Judi- In response, Chief Justice Roberts that hit people between the eyes in Illi- ciary Committee. It was reported out has explained that the Justices use the nois this last week was gasoline prices. with a strong bipartisan vote, and it is code as one source of guidance but not I was in the suburbs of Chicago on Fri- now pending on the Senate calendar. the only source to decide ethics ques- day evening and saw a gas station with The bill has been cleared by every tions. Given that they already apply regular gasoline for $4.09. I saw some Democratic Senator for a vote by the the code in practice, it seems a logical lower prices over the weekend, but that full Senate. I am still hoping we can next step for the Court to adopt its own was the high watermark or high gaso- bring it to the floor as quickly as pos- resolution formally affirming this line mark in my State that I observed. sible. practice or they can adopt a resolution People are very sensitive to this. Gaso- Mr. President, now I would like to making it clear which ethics rules do line prices literally affect the lives of touch on a related issue. Just as Su- or do not apply. people individually and families as preme Court hearings should be tele- All of the Justices deserve respect for well. They also have a direct impact on vised to the American people, so too the difficult and weighty decisions business. should the Court’s ethical standards be they face. But as some of the most I asked a vice president of Walmart available for review by the public. The powerful members of our government, about monitoring retail sales and how ethics rules for all branches of govern- it is not too much to ask of them to to increase retail sales, and he told me ment should be clear and public. When make their ethical standards open and that with all of the hundreds and thou- ethics decisions arise in the Senate— clear. By making their ethics rules sands of Walmart stores and employ- for example, the Senate Ethics Com- more transparent, the Justices will fos- ees, they literally monitor sales by the mittee is responsible for enforcing the ter greater public trust and confidence second in real time. rules for Senators and our employees. in the Court and its decisions. He said: I can observe the sales pat- Everyone knows the standards and ex- In conclusion, let me emphasize that tern in a store somewhere in America pectations for Congress because they I have a high regard for the Supreme and tell you within a few pennies or are a matter of public record. That Court and all of its Justices. I do not dimes what the price of gasoline is in

VerDate Mar 15 2010 03:06 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.003 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1404 CONGRESSIONAL RECORD — SENATE March 6, 2012 that community. When gasoline goes many of us here, and the instability in billion in annual tax breaks for the oil and up, people put the money into the tank Iran; the fact that we have sanctions, gas industry—whose five biggest players instead of on the counter, and they the fact that there is also a greater de- posted $137 billion in profits last year—would drive prices upward. As is Newt Gingrich’s stay home instead of going out to shop. mand coming for this product from claim that a proposal now taking shape in That is how the price of gasoline di- China and other very high-growth the Environmental Protection Agency, and rectly impacts economic recovery. areas. fiercely opposed by refiners, to lower the sul- I have listened to so many of the I say to my friend, is he aware—I fur content in gasoline would add 25 cents to comments that have been made on the know he is, but because of the rules I the cost of a gallon. Agency experts say it Senate floor by individuals on the have to ask it in a question—that we would add about a penny. other side, their approach on how to are producing far more of this resource, The truth is that oil prices are set on world deal with the issue of gasoline prices markets by forces largely beyond America’s oil, in this country than we have done? control. Chief among these is soaring de- and what to do with it. I see the Sen- Since 2008 we have many more rigs out mand in countries like China. Unrest in oil- ator from California. I sometimes won- there, and is my colleague also aware producing countries is another factor. The der if we are reading the same basic in- that the oil companies are sitting on Times noted fears in some quarters that gas formation. well over 50 million acres of leases on could jump to $5 a gallon if the standoff with The Keystone Pipeline could serve a which they are not drilling when they Iran disrupted world supplies. valuable purpose, but to believe that could? And, my last point, is my friend Therein lies the biggest weakness in the this is somehow going to have an im- Republican litany. A country that consumes aware that we are exporting more than more than 20 percent of the world’s oil sup- mediate impact or any major impact we ever have from America? That is ply but owns 2 percent of its reserves cannot on gasoline prices is not realistic. Cur- also a very important point. drill its way out of high prices or dependence rently, the pipelines from Canada that To those who say, ‘‘drill, baby, drill,’’ on exports from unstable countries. The only exports these oil sands to the United that is not an answer if it is ‘‘export, plausible strategy is to keep production up States are operating at less than 50 baby, export.’’ The fact is we are drill- while cutting consumption and embarking percent of capacity. So there is plenty on a serious program of alternative fuels. ing more, and more is leaving America. American innovation is a big part of the of room for more oil sands to come to So I say to my friend, is he aware of answer. Two byproducts of the automobile the United States for refinement. In all of these factors, and is he as con- bailout were the carmakers’ acceptance of fact, one of the pipelines goes directly cerned as I am about the other side sharply improved fuel economy and a new to my State to the Conoco refinery in playing more politics with this because commitment to building cars that can meet Wood River, and this refinery has the ‘‘drill, baby, drill’’ is not the answer? those standards. The new rules are expected capacity that could be used to process We are drilling more than ever. We to cut consumption by 2.2 million barrels a these Canadian oil sands right now. So only have 2 percent of the world’s prov- day—more than America now produces in to argue this Keystone Pipeline is the gulf. These and other measures are not en supply of oil. nearly as catchy as Drill, Baby, Drill. But somehow holding back the export of I wonder if my friend could comment they have a far better shot, long term, of Canadian oil sands that might have an on those points. lessening this country’s dependence on oil impact on gasoline prices just does not Mr. DURBIN. I thank the Senator imports and keeping gas prices under con- work. from California. In response, I would trol. I have noted there has been a signifi- ask consent of the Chair to have print- Mr. DURBIN. It answers specifically cant increase in the amount of oil ex- ed in the RECORD the New York Times what the Senator just raised, and I ploration and drilling that has taken editorial of Monday, March 5, 2012, en- would like to read a portion of it. place under this administration. I be- titled ‘‘Drill Baby Drill, Redux.’’ Domestic crude oil production is actually lieve that is an indication of what we There being no objection, the mate- up from 5.4 million barrels a day in 2004 to can and should do as a nation to deal rial was ordered to be printed in the 5.59 million now; imports have dropped by with the problem of providing the oil RECORD, as follows: more than 10 percent in the same period. De- spite a temporary slowdown in exploration resources in an environmentally re- [From the New York Times] in the Gulf of Mexico after the BP oil dis- sponsible way. It is 2 years after the DRILL BABY DRILL, REDUX BP spill, and I think it is time for us to aster, the number of rigs in American oil- REPUBLICANS’ TIRED REMEDY FOR RISING GAS fields has quadrupled over 3 years. There reflect on the fact that we never ever PRICES WON’T FIX ANYTHING have been new discoveries, and the adminis- want that to happen again. It’s campaign season and the pandering tration has promised to open more offshore The devastation that has been caused about gas prices is in full swing. Hardly a reserves. To say that Mr. Obama has denied to so many lives, to so many busi- day goes by that a Republican politician industry access is nonsense. nesses, and to so much in terms of does not throw facts to the wind and claim Equally nonsensical is the Republican wildlife will not be calculated. Perhaps that rising costs at the pump are the result claim that Mr. Obama’s proposed repeal of $4 it never will be. But we know we can- of President Obama’s decisions to block the billion in annual tax breaks for the oil and not allow that to occur again. We Keystone XL pipeline and impose sensible gas industry—whose five biggest players environmental regulations and modest re- posted $137 billion in profits last year—would should not exalt speed over safety. We drive prices upward. As is Newt Gingrich’s have to make certain that as we move strictions on offshore drilling. Next, of course, comes the familiar incan- claim that a proposal now taking shape in forward to develop our energy re- tation of ‘‘drill, baby, drill.’’ Mr. Obama has the Environmental Protection Agency, and sources, both oil and gas, we do it in a rightly derided this as a ‘‘bumper sticker,’’ fiercely opposed by refiners, to lower sulfur sensible way. I hope we can gather to- not a strategy. Last week, he agreed that content in gasoline would add 25 cents to the gether and agree that is the way to ap- high gas prices were a real burden, but said cost of a gallon. Agency experts say it would proach it, along with the administra- the only sensible response was a balanced add a penny. The truth is that oil prices are set by world tion’s proposals for more fuel effi- mix of production, conservation and innova- tion in alternative fuels. markets by forces largely beyond America’s ciency in the vehicles we drive and for control. Chief among these is soaring de- the development of alternative fuels There are lots of reasons for the rise in gas prices, but the lack of American production mand in countries like China. which will be environmentally friendly is not one of them. Domestic crude oil pro- The Times noted fears in some quar- and spark new innovation, new busi- duction is actually up from 5.4 million bar- ters that gas could jump to $5 a gallon nesses, and new jobs in this country in rels a day in 2004 to 5.59 million now; imports if the standoff with Iran disrupted the 21st century. have dropped by more than 10 percent in the world supplies. Mrs. BOXER. Will the Senator yield same period. Despite a temporary slowdown The editorial continues: in exploration in the Gulf of Mexico after the for a question? Therein lies the biggest weakness in the BP oil disaster, the number of rigs in Amer- Mr. DURBIN. I am happy to yield. Republican litany. A country that con- ican oil fields has quadrupled over three Mrs. BOXER. Mr. President, I thank sumes— years. There have been new discoveries and my friend for putting the gas price sit- As the Senator from California uation into a larger picture and also the administration has promised to open up more offshore reserves. To say that Mr. noted— note that one other factor playing a Obama has denied industry access is non- more than 20 percent of the world’s oil sup- role is manipulation due to some of the sense. ply but owns 2 percent of its reserves cannot instability in the world that our Presi- Equally nonsensical is the Republican drill its way out of high prices or dependence dent is certainly dealing with, and claim that Mr. Obama’s proposed repeal of $4 on exports from unstable countries. The only

VerDate Mar 15 2010 03:06 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.004 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1405 plausible strategy is to keep production up way. To do it, we need bipartisan sup- What we have to recognize is, in the while cutting consumption and embarking port. absence of a comprehensive policy, in on a serious program of alternative fuels. At noon there will be a vote and the absence of foresight, in the absence Let me add to this conversation a those who are following the pro- of putting all the general items on the topic which I think we have been ceedings can take a look to see how table that generate energy, we are put- loathe to address on the floor because many on both sides of the aisle will ting off the day in which the United of its political controversy which was support moving forward on this bill. I States of America is energy inde- driven home to me over the weekend. I think our earlier vote was 85. If I am pendent. Because we are not energy believe our energy conversation has to not mistaken, 85 Senators said let’s independent, then what goes on in Iran, parallel an environmental conversa- move forward on this bill. I hope we in the Strait of Hormuz, and in Ven- tion. We have to talk about the con- can do that again. ezuela affects the speculation on gaso- sumption of energy and the impact it I yield the floor, and I suggest the ab- line and petroleum which affects the has on the world we live in. sence of a quorum. prices of gasoline in the United States. I would say to the Senator from Cali- The ACTING PRESIDENT pro tem- I am not one of these ‘‘burn gas right fornia that in the Midwest, we live in pore. The clerk will call the roll. and left, drill as much as you can, fos- tornado country. I was raised with The legislative clerk proceeded to sil fuels are fine.’’ I know we have them. I know how to run to the base- call the roll. problems with carbon. I drive a hybrid ment when we hear the air raid sirens, Mr. ISAKSON. Mr. President, I ask vehicle, not because I am trying to to protect our children, which rooms to unanimous consent that the order for drive a point but because it makes go in, which corner of the house. It is the quorum call be rescinded. sense. Anytime you can reduce carbon, The ACTING PRESIDENT pro tem- just built into our lifestyle in the Mid- that makes sense. But you cannot pore. Without objection, it is so or- west. So far this year, we have had eliminate it. You cannot eliminate it. dered. over 272 reported tornadoes, early in What we have to do is we have to put Mr. ISAKSON. I ask unanimous con- all sources of energy on the table. And the tornado season. Last year, we had sent to speak for up to 10 minutes in 50; so 272 to 50. one of those is to continue to explore morning business. for gasoline and petroleum in the do- I would just say to anyone who would The ACTING PRESIDENT pro tem- like to come challenge me: Is this mestic United States of America—off pore. Without objection, it is so or- the Gulf of Mexico, off of our coastline, worth asking a question or two? What dered. is going on with the extreme weather in our national lands that we own patterns we are seeing more and more? f where we know we have shale oil and In a given year, one might say these GAS PRICES where we also know we have natural things happen. But as these patterns gas. Mr. ISAKSON. Mr. President, I am That exploration ought to be replete emerge—last year, Chicago experienced glad to be able to come to the floor. I throughout the country, so we are ex- the biggest blizzard in its history in wish to talk about a subject that was panding our supply and reducing our February and then in June the largest talked about to me a lot during the dependence on foreign imports. The rainfall in 1 hour in its history. We Presidents Day break back in Georgia. best way to lower the price of gasoline think to ourselves: This is not the I spent most of that week traveling in in the future for Georgians and for world in which we grew up. Things are my State, going to townhall meetings, Americans is for the Congress of the different out there. Are these within listening to Georgians from Savannah, United States and the President of the our control or beyond our control? I GA, to Murray County, GA, and every- United States to have a comprehensive think we have to rely on experts and where in between. It was absolutely energy policy that embraces all forms scientists to lead us in that conversa- easy to tell what the No. 1 issue for the of energy. tion. But let’s at least embark on that average American or the average Geor- To the credit of the President, he ap- conversation by understanding the con- gia family is; that is, what the price of proved not too long ago the loan guar- nection between energy and the envi- gasoline is doing to their budget. antees on reactors 3 and 4 at Plant ronment. Gasoline prices continue to escalate. Vogtle. They will be the first nuclear As we find more efficient ways to In fact, I have a Chevrolet Silverado reactors built in the United States of move our cars and move our economy, pickup truck that I use from time to America since Three Mile Island. Nu- as we burn less energy in doing it, time and I had to fill it last weekend. clear energy is a safe, reliable, carbon- there is less damage to the environ- It cost $78 to fill it, and it wasn’t to- free—carbon-free—generation of en- ment. That is a positive. It also re- tally empty. That is a big pricetag to ergy. Every time we can expand our wards innovation, creation and new fill a pickup truck. When I think of nuclear capability we are lessening the business and industry so the United every carpenter or farmer or pressure on domestic and foreign oil to States can lead in this area as we have landscaper or student taking their be burned. led in other areas before. goods back to school to their dor- We know in the Haynesville shale I thank the Senator from California. mitory room and how much they have and the Marcellus shale, which has She is on the floor now with a bill to pay for gasoline to deliver those been discovered in Pennsylvania and which she has spoken of time and time goods and services or that furniture, I Louisiana and Texas, that we have again, the new Federal Transportation realize how harmful current gas prices gone from having a finite supply of bill. There is no single piece of legisla- are and I fear how high they are going natural gas to an infinite supply. Yet, tion that will create more jobs—spe- to go. because there is some contest over cific jobs that can be identified—than We need a comprehensive energy pol- whether hydraulic fracturing is good or this bill. We have spent 2 weeks—2 icy in the United States of America. I not good, we are not exploring that weeks, if I am not mistaken, or 3—the was listening to the distinguished ma- gasoline as we should or that natural Senator from California would know jority whip speak before me. He made gas as we should. We should be explor- better—3 weeks on the floor of the Sen- an interesting comment about the Key- ing it as much as possible, because it is ate arguing about contraception on the stone Pipeline. He said, even if we ap- a cleaner burning fuel than liquid pe- Federal highway bill, arguing about prove the Keystone Pipeline, it would troleum and gasoline. We ought to be whether we are going to embark on a not do anything for gas prices today. doing renewable energy wherever it foreign policy amendment to the Fed- He is right because we have to build makes sense. But we have seen renew- eral highway bill, so 3 wasted weeks the pipeline. But if we had approved it able energy has its limits. We spent $6 trying to come to a conclusion about a 2 years ago and it was operating, we billion a year subsidizing ethanol in handful of amendments. Unfortunately, would have 700,000 barrels of petroleum hopes that it would have reduced for- this is what gives our Senate a bad more a day coming into the United eign imports, but it has not. It has had name. We should have resolved this States. So to say that just because it its own problems with two-cycle en- long ago and moved to this bill so we would not be ready today doesn’t help gines. But ethanol has a place. It is can say, if we want a real jobs bill—a gas prices is not keeping our eye on the scalable on the farm in some cases. real jobs bill—the Senate is leading the ball. That is a good source of energy.

VerDate Mar 15 2010 00:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.006 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1406 CONGRESSIONAL RECORD — SENATE March 6, 2012 Solar is a good source of energy ers and farmers, it means much higher hostile regimes—and nations that have where it works. But it only works as a overhead. Those costs ultimately get agendas that are often at odds with our supplement. It is not a primary supply passed on to the consumers. In very own—for much of our oil. or source. And wind, great. But it is dire cases, which many of our small The current tension between Israel only great in the Midwest and down to- businesses are facing today due to re- and Iran only serves to make matters ward the Southwest. But we ought to duced profit margins, threats of higher worse. If Israel strikes Iran, there is a be using and encouraging it. taxes and increased regulations, high good chance that the Iranians could at- What we ought to be doing is encour- gas prices could be the final straw. tack Saudi Arabia’s oil fields to retali- aging all forms of exploration, all It puts extra pressure on budgets of ate against the West. forms of generation, and all of them already cash-strapped local govern- It doesn’t have to be this way. The domestically in the United States of ments. Just the other day I was read- Keystone XL Pipeline, Arctic National America. That will bring down gas ing a story from the Booneville Demo- Wildlife Refuge, ANWR, and drilling in prices. crat that documented the negative ef- the eastern Gulf of Mexico alone would The distinguished majority whip was fects the price of gas has on Logan produce 3 million barrels of oil per day. right: It will not bring it down today, County, AR. The county judge, Gus The lack of will in Washington to in- because we have put off having an en- Young, noted if gas prices reach $4, it crease production here at home is un- ergy policy. But once we finally de- is ‘‘going to take away from the other necessary. It is a literal road block. It velop an energy policy, and we stick to things that need to be done.’’ prevents our economy from picking up, it, and we explore all forms of renew- In Blytheville, AR, which is a 300- increases the costs Americans pay for able energy and all forms of fossil fuel mile trek from Booneville, those same fuel, and it creates an enormous liabil- and all forms of coal, and we enhance concerns are being voiced. In the ity for our national and economic secu- nuclear, then we will have a plethora of Blytheville Courier News, former rity. energy and we will have a lower price mayor Barrett Harrison described how President Obama has said that in- and less competition with foreign oil in recent years, despite efforts to use creased domestic oil production is un- and foreign petroleum, which is where more fuel-efficient vehicles and to cut necessary as he contends it is at the the United States of America needs to down on idle time, the city would still highest it has been in 8 years. However, be. end up having to amend the budget at you only get those numbers by relying Right now, we all realize what is the end of the year due to the high fuel heavily on production on private lands going on in the Middle East is the root costs. in North Dakota, Texas and Alaska. We cause of most of the increase in the For hard-working Arkansans, it is simply are not utilizing the resources cost of oil, because of speculation. changing the way they live, and not for we have been blessed with on public Every time we can improve our posi- the better. It is especially painful for lands. tion and be free of those influences is our seniors and single parents who live We can make a major dent in the better for the United States of America on fixed incomes. The high price of gas problem simply by opening the Outer and, most importantly, it is better for is one of the top issues I am hearing Continental Shelf and ANWR to drill- the average citizens we all represent. about in letters, calls, and during my ing in an environmentally responsible My message from the people I rep- visits across the State. I also recently way. The Outer Continental Shelf resent in Georgia, the ones I talked to posed the question about how the ris- alone is estimated to contain enough all during the Presidents Day recess ing price of gasoline in Arkansas is af- oil and natural gas to meet America’s and that week is: Do everything you fecting them on my Facebook page. I energy needs for about 60 years. Energy can to expand your supply of energy want to share a few of the responses I exploration and production in ANWR wherever you can find it. Take us out received. would take place on just a small por- of a dependence on foreign imports and Tim in Rogers, AR said, ‘‘The more tion of the 1.5 million-acre northern get us independent of foreign oil; that we have to pay for gas, the less money coastal plain, yet will allow us to safe- will bring down the price of oil. As a we have for the other necessities and ly produce 900,000 barrels of oil per day byproduct, that will be in the best na- pleasures of life and living.’’ for the next 30 years. I have been there. tional security interests of the people Melody in central Arkansas said it I have seen firsthand that this can be of the United States of America. costs her family ‘‘nearly sixty-five dol- done in an environmentally safe way. I yield the floor and suggest the ab- lars to fill up their truck’’ and said Similarly, the Keystone Pipeline sence of a quorum. they have limited their driving to only would transport 700,000 barrels of oil The ACTING PRESIDENT pro tem- their doctor in Hot Springs and the per day from Canada to U.S. refineries pore. The clerk will call the roll. grocery store. in the gulf coast. And it too can be con- The legislative clerk proceeded to And it goes on from there. Many re- structed and run in an environmentally call the roll. spondents said that it limits their safe manner. Tapping into Canada’s oil Mr. BOOZMAN. Mr. President, I ask spending at places like the grocery sands—one of the world’s largest oil re- unanimous consent that the order for store and will affect their vacation serves—would help ease our dependence the quorum call be rescinded. plans. The overwhelming common on hostile regimes for oil. As global de- The PRESIDING OFFICER (Mr. thread in those responses is that Wash- mand for oil surges and the Canadians MANCHIN). Without objection, it is so ington needs to do something about the increase production, the addition of the ordered. high cost of gas. Keystone pipeline would allow us to Mr. BOOZMAN. Mr. President, as There is no denying that rising fuel get reliable and secure oil from our February came to a close, it left behind prices are hurting Americans and fur- largest trading partner and trusted an unfortunate new record, $3.73 per ther complicating our efforts to revi- ally. gallon, the national average, for un- talize the economy. There is also no de- Unfortunately, President Obama has leaded gasoline, the highest ever re- nying that we are not moving fast punted on every opportunity we have corded during this month. Prior to this enough to address these concerns. given him to move the Keystone Pipe- morning’s drop of three-tenths of a Americans want to know why, while line forward. That is why I am sup- cent, gas prices had been on the rise for their gas bills mount, Washington still porting legislation to approve the 27 straight days. In just 3 years, gas does not have an energy policy. It is project under Congress’ authority enu- prices have doubled, and they are not past time that we move forward on one merated in the commerce clause. This stopping there. Back home in Arkan- and that begins with increasing our en- same Congressional authority was used sas, the average price of a gallon of ergy production here at home. to move the Alaska Pipeline forward 40 regular gasoline is up over 25 cents We have the largest recoverable re- years ago, which has dramatically in- from a month ago. Many analysts are sources of oil, gas and coal of any na- creased the amount of oil produced predicting we will hit $4 a gallon by tion on the planet. America’s recover- here at home. summer. able resources are larger than the com- I have long supported legislation that Think about what that does to the bined supply of Saudi Arabia, China puts a heavy investment into research- economy. For our small business own- and Canada. Despite that, we depend on ing wind, solar, hydrogen and other

VerDate Mar 15 2010 00:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.007 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1407 technologies. These will ultimately transportation bill through this body. committee; and Senator ROCKEFELLER, ease our dependence on foreign oil and To me, it is a very sad statement about once they got rid of some bumps, work- gas. But we need relief now and Amer- the dysfunction of this body that we ing with Senator HUTCHISON. We now ican oil is necessary and available. spent approximately 3 weeks dithering have pending an agreed-upon bill, plus For the foreseeable future, our econ- over a contraception amendment that we have added to the package 37 bipar- omy will rely heavily on fossil fuels. has nothing to do with the highway bill tisan amendments. While we certainly need to encourage and other threats to offer foreign pol- What more do my friends want? We the market for alternative energy icy amendments, and so on. have a bipartisan bill. We have added sources, it has yet to be fully devel- We have a chance today to vote to more bipartisan amendments to it. All oped. But there is no denying that by end this dithering, and the Chamber of these jobs are at stake, and today we stalling domestic production, we create Commerce is asking us to do that. The can end all this dithering and wasting an unnecessary burden on an already AFL–CIO is asking us to do that. One time. The people of America look at us weak economy and are hurting our ef- thousand organizations are asking us and wonder what we are about. Vote forts to meet our energy needs. We to do that because they know thou- yes for cloture. need to lift the moratorium on offshore sands of businesses and well over 1 mil- I wish to talk about what is at stake oil development, open ANWR for explo- lion jobs are at stake. if we don’t invoke cloture and don’t ration and move the Keystone Pipeline I wish to say I heard the tail end of wind up with a bill. That is not just hy- forward instead of further postponing Senator BOOZMAN’s talk about the Key- perbole; these are facts. All our trans- the decision. stone Pipeline. I wanted to make sure portation programs expire on March 31. As I mentioned earlier, the people of it was on the record—this is from a My friend in the chair served as a Arkansas are demanding action from conversation I had with Senator DUR- great Governor of his State of West Washington. They are frustrated by the BIN—that under this President we are Virginia. He knows how important the higher totals that appear on the re- drilling now more than we have ever highway bill is. We work together with ceipts every time they go to fill up drilled. Anyone who says ‘‘drill, baby, the States and with the planning orga- their gas tank. They are tired of seeing drill’’ doesn’t understand that the nizations, and we get those funds out more and more of their disposable in- number of rigs that are now moving there. On March 31, we are done. This come being eaten up at the pump. Let’s are four times as many as in 2008. They bill reauthorizes that program, and 1.8 start providing them relief by increas- don’t understand we are now exporting million jobs are at stake. As soon as we ing production here at home. oil. They don’t understand the fact fail, there is no more program. There is I yield the floor. that we are importing less. Does that no more authority to collect the Fed- The PRESIDING OFFICER. The Sen- mean we are done? No. The oil compa- eral gas tax that supports the highway ator from California. nies have more than 50 million acres of program. There is no more authority to Mrs. BOXER. What is the order at approved leases. They ought to drill spend any money on transportation. this time? there and hands off my coast because Again, 1.8 million jobs are at stake. my coast is an economic gold mine the Let’s go to the next chart. I did a f way it is because we have tourism and breakdown of the various States. In CONCLUSION OF MORNING recreation and fishing. Those jobs far this time, I am going to highlight a few BUSINESS outweigh any jobs that would come of the States. These charts will be from oil drilling, which would tend to The PRESIDING OFFICER. Morning available for everybody. undermine the very economy of my business is closed. In Alabama, we are talking about great State. If we have to vote on Key- only 27,000 jobs; in Alaska, 18,000 jobs— f stone, we will. If we have to vote on I am skipping; in California, 164,000 MOVING AHEAD FOR PROGRESS IN offshore drilling, we will. But I will be jobs; in Florida, 76,000 jobs; right here THE 21ST CENTURY ACT here to point out that if we care about in DC, 18,000 jobs; in Georgia, almost jobs and about making sure the price of 50,000 jobs; in Illinois, 65,000; in Indi- The PRESIDING OFFICER. Under gasoline goes down, when we have Key- ana, 34,000; in Iowa, 17,000; in Lou- the previous order, the Senate will re- stone, let’s make sure the oil stays isiana, 25,000; in Maine, almost 7,000. sume consideration of S. 1813, which here, that oil is made in America and We will go on and give the rest of the the clerk will report. stays in America. These issues are not States to give a sense of how many jobs The assistant legislative clerk read one-dimensional; they are many sided, will be lost if we do not act to reau- as follows: as my friend knows. He and I have thorize this bill. A bill (S. 1813) to reauthorize Federal-aid agreed on much and we have disagreed In Maryland, 26,000 jobs; in Massa- highway and highway safety construction on some. chusetts, 31,000; in Michigan, 39,000; in programs, and for other purposes. What we need is the kind of balance Montana, almost 14,000; in Nebraska, Pending: President Obama brings to the table 10,000; in Nevada, almost 14,000 jobs; in Reid amendment No. 1761, of a perfecting when it comes to energy. He says we New Jersey, 50,000; in New York, nature. will do ‘‘all of the above,’’ but we will 118,000; in North Dakota, 8,000; in Ohio, Reid amendment No. 1762 (to amendment do it wisely. Interestingly, on the Key- 50,000; in Oklahoma, 22,000; in Pennsyl- No. 1761), to change the enactment date. stone Pipeline—we now have the tea vania, 68,000; in Rhode Island, 8,000. Reid motion to recommit the bill to the party talking about property rights I will continue with another chart to Committee on Environment and Public Works, with instructions, Reid amendment and the fact that they have to be re- show other examples. I will be sure to No. 1763, to change the enactment date. spected as well when we build a new say what West Virginia is when I get to Reid amendment No. 1764 (to (the instruc- pipeline such as this. So we will have the Ws. In South Carolina, 22,000; in tions) amendment No. 1763), of a perfecting votes. South Dakota, 9,000; in Tennessee, nature. May I make a plea to my colleagues. 30,000; in Texas, 128,000 jobs. Reid amendment No. 1765 (to amendment At noon, just about 50 minutes from I call on Senators to vote yes to stop No. 1764), of a perfecting nature. now, we can have a clean vote; 60 of us debate and get to the bill. The PRESIDING OFFICER. Under can vote to move to this Transpor- In Vermont, almost 7,000; in Virginia, the previous order, the time until 12 tation bill, to get rid of, as my friend 41,000; in Washington State, 34,000; in noon will be equally divided and con- OLYMPIA SNOWE has said, polarizing West Virginia, 15,133 jobs; in Wisconsin, trolled between the two sides, with the amendments. Why not move to some- 27,000; in Wyoming, 8,400 jobs. final 10 minutes equally divided and thing that was voted unanimously out When we talk about this as a jobs controlled by the two leaders or their of our committee, 18 to zero—Repub- bill, this isn’t some exercise in our ver- designees, with the majority leader licans and Democrats, all together; biage; this is a fact of life. These jobs controlling the final 5 minutes. Senator INHOFE and myself, together; add up to 1.8 million. In our bipartisan The Senator from California. Senator SHELBY and Senator JOHNSON, bill, we have increased a particular Mrs. BOXER. Mr. President, we are together on the bill; Senator BAUCUS, program—this is a reform bill, and we back in our fourth week trying to get a working in a bipartisan way with his have taken 90 programs down to 30. It

VerDate Mar 15 2010 00:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.006 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1408 CONGRESSIONAL RECORD — SENATE March 6, 2012 is a real reform bill. We have done received this yesterday from the U.S. with labor and Democratic-leaning away with every earmark. One par- Chamber of Commerce. The Chamber of groups. Bridges are not partisan. Roads ticular program we increased is the Commerce: are not partisan. TIFIA Program, transportation infra- . . . strongly supports this important This is our moment. We can vote yes structure financing. We took it up to $1 legislation. Passing surface transpor- on cloture. What does that mean? It billion because it leverages Federal tation reauthorization legislation is a means we are not going to debate these dollars 30 times. So let’s say one of our specific action Congress and the ad- very difficult, inflammatory amend- counties voted to tax themselves one- ministration can take right now to ments, but we are going to stick to the half cent to build a transit system. We support job growth and economic pro- highway bill, stick to the transpor- would come in—and the Federal Gov- ductivity without adding to the deficit. tation bill. This vote is a very impor- ernment, you make an application Because, as you know, this bill is 100 tant vote for folks because I think if from your State and we would front percent paid for. We also have a his- you don’t vote to move to the bill and that money. So you could build it all in tory-making group of organizations you vote to prolong this debate, you 1 or 2 years instead of waiting for the supporting this, and I will give you a have to answer to your folks back funding over 10. This was an idea that sense of that as well. We have a coali- home and tell them why you are play- came from Mayor Antonio Villaraigosa tion of 1,075 organizations from all 50 ing Russian roulette with the highway and the Chamber of Commerce and the States. They sent us a letter on Janu- bill, because on March 31 it all stops. labor unions in Los Angeles. ary 25, 2012, and they said: It is true in the past we have had ex- So the bottom line here is not only In 2011, political leaders—Republican and tensions. This is different than usual are we saving 1.8 million jobs, but we Democrat, House, Senate and the adminis- because the trust fund is short of funds, have the potential of creating another tration—stated a multi-year surface trans- so you can’t just extend. If you extend, 1 million jobs. If we fail today to cut portation bill is important for job creation there is a price to be paid. Because the off debate and we don’t have a path for- and economic recovery. We urge you to fol- trust fund doesn’t have the funds it ward—which I hope the leaders will fig- low words with action. needs—which is repaired in this bill— ure out—if we abandon this, 2.8 million I want to repeat that: We urge you to you would have an immediate cut of a jobs are at stake. follow words with action. third—a third—right there, which Let’s look at some other charts of Continuing the quote: means 500,000 jobs, if you did an exten- unemployment. Mr. President, you Make transportation job #1 and move im- sion. We don’t want that. We want a know as well as anyone in your State, mediately in the House and Senate to invest bill that is a reform bill, that takes and I know in my State, that construc- in the roads, bridges [and] transit systems this from 90 programs to 30, that uses tion workers have been hit very hard. that are the backbone of the U.S. Economy, leveraging in a smart way, and that is The national unemployment rate is 8.3 its businesses, large and small, and commu- totally bipartisan. nities of all sizes. percent. We are hopeful it is on the Let me sum up. In a few minutes we downtick, but the construction indus- They didn’t ask us to take up the will be voting, and let me say to my try unemployment rate as a whole is Keystone Pipeline, they didn’t ask us friends again, you have all the facts at 17.7 percent. It could be even worse in to take up repealing clean air laws, hand. If you don’t know what your some areas, but this is an average. So they didn’t ask us to take up drilling State job loss would be if we fail to act, if we add to the unemployment in the off the coast, and they didn’t ask us to we have that. We will give it to you. construction industry, we are looking take up contraception. They didn’t. But there is no way you can run away at a total crisis, a total disaster. Right They asked us to take up this transpor- from what you know. now, we have 1.48 million construction tation bill. And I am saying to col- We had 85 votes to proceed to this workers out of work. If we fail to do leagues, please, you have had 3 weeks bill. That was a long time ago. It seems this bill, we are adding another 1.8 mil- to discuss contraception. We disposed like ages ago. Yet we can’t get off dead lion. So you could say this would be a of it. We voted. It is okay. It is tabled. center because people are offering un- depression for construction workers. Let’s move on. There are other days we related amendments. So my hope is we It doesn’t stop there. The industry is can talk about that but not when we will get to 60. My hope is we can, in feeling it, the businesses are feeling it, are dealing with building the highways short order, get this bill done and send and we have a chart that talks about and bridges. a message of hope to the people. the thousands of businesses that would You know, the state of our highways I heard just now that Speaker BOEH- be affected. I don’t know if you are and transportation system is not what NER has said he is very interested in aware of this, but there are over 11,000 it should be, with 70,000 bridges defi- the Senate bill; that he is going to take transportation construction companies cient. Bridges are falling down. Sen- a look at the Senate bill because, at that would be adversely impacted by a ator INHOFE is eloquent on the point this point, they haven’t been able to shutdown on March 31. So in addition about a woman taking a walk and hav- get a bill that they feel has a chance. to the 1.8 million workers who would ing a piece of bridge fall on her and she This bill, I would reiterate for Amer- be laid off, 11,000 transportation con- died. We have seen what happened in ica, is bipartisan, the most bipartisan struction companies—many of them— Minnesota when bridges start to fall bill I have ever seen around here, and it would have to shut their doors. And into disrepair. unites people who fight and argue on that is a very modest number. When I was growing up, my parents everything else. When INHOFE and Let me show a picture that I often always taught me be responsible—be BOXER agree on something, you know show when speaking of the construc- responsible. I am not always living up that is a real good compromise. And we tion workers. I am sure you are a to their expectations, but I try. And if do agree. When VITTER and BAUCUS Super Bowl fan—we all are, Mr. Presi- somebody tells me there is a problem come in and agree on the same thing dent—and this is a picture of a stadium over here, I try to fix it. So when I hear that INHOFE and BOXER have agreed to, during the Super Bowl. Every seat that 70,000 bridges are in trouble and it is a good day around here. And that there, about 100,000 seats, is filled. they are deficient, and 50 percent of is what we have before us. Imagine every one of these seats filled our roads are not up to standard—I now So I call on colleagues to vote aye on with an unemployed construction know this information. If I were igno- the cloture vote and let’s get on with worker, and then close your eyes and rant and I didn’t know it, that would this. Let’s spare the people the untold envision 14 more of these stadiums be one thing. But I now know it—how suffering that will come if we have to filled with unemployed construction can I turn my back on this bill? I know lay off 1.8 million workers and hurt workers. That is where we are today. how many unemployed construction more than 11,000 businesses. Then you would have to envision an- workers there are. How can I turn my I thank the Chair, I yield the floor, other 25 or 30 of those. We cannot af- back on them? I know businesses— and I suggest the absence of a quorum. ford to go down this road. So today, whether it is gravel companies or ce- The PRESIDING OFFICER. The let’s vote ‘‘aye’’ for cloture. ment companies or general contrac- clerk will call the roll. The last thing I want to show is the tors—are begging us to do this. These The assistant legislative clerk pro- strong support for this cloture vote. We are Republican-leaning groups along ceeded to call the roll.

VerDate Mar 15 2010 00:05 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.009 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1409 Mrs. BOXER. Mr. President, I ask hower and Democratic President Clin- invoked right now, we would not get an unanimous consent that the order for ton could have agreed on and would agreement, and amendments that we the quorum call be rescinded. have agreed on. Forty years after are very close to agreeing to have con- The PRESIDING OFFICER. Without President Eisenhower won passage of sidered on both sides—the amendments objection, it is so ordered. the first highway bill, President Clin- that are sought to be offered are not Mrs. BOXER. Mr. President, I ask ton said the law had succeeded in just on the Republican side but on the unanimous consent that the time dur- bringing Americans closer to each Democratic side as well—will end up ing these quorum calls be charged to other. President Clinton said: being shut out. both sides equally. We were connected city-to-city, town-to- If we were not so close, I might have The PRESIDING OFFICER. Without town, family-to-family, as we had never been a different view, but we are very close objection, it is so ordered. before. That law did more to bring Ameri- to getting an agreement. If we invoke Mrs. BOXER. I yield the floor and I cans together than any other law in this cen- cloture right now, that agreement will suggest the absence of a quorum. tury. not come together. The PRESIDING OFFICER. The That was said by Bill Clinton, but it So I would encourage a ‘‘no’’ vote— clerk will call the roll. was almost a copy of what President not to stop the bill. This is a bill that The assistant legislative clerk pro- Eisenhower said in his memoir about is not going to be stopped. It has broad ceeded to call the roll. the most important thing he did as bipartisan support. Senator BOXER and Mr. REID. Mr. President, I ask unan- President of the United States was this Senator INHOFE have worked very hard imous consent that the order for the piece of legislation, and that says a lot on this legislation, and we anticipate quorum call be rescinded. coming from President Eisenhower. being able to wrap it up. The PRESIDING OFFICER (Mr. I had great optimism that the trans- But just to underscore where we are, TESTER). Without objection, it is so or- portation legislation before the Senate I have indicated I would like to offer a dered. today would bring our two parties clos- unanimous consent agreement that Mr. REID. We appreciate everyone’s er together as the interstate highways kind of summarizes where I think we patience. The Republican leader and I brought the American people closer to- are. wanted to come and say a few words. gether in the 1950s, 1960s, and 1970s. So I would ask unanimous consent that The measure before the Senate today is it is disappointing that the Republican the pending Reid amendment be with- moderate bipartisan legislation. Its leadership would jeopardize this legis- drawn, that it be in order to offer a four component parts were reported lation and 3 million American jobs to new perfecting amendment cleared by out of four different committees with pursue this ideological agenda. both leaders which contains the three bipartisan support. Eighty-five Sen- I am hopeful the Senate will vote to titles; further, that the following non- ators voted to begin debate on this leg- move this much needed jobs legislation relevant amendments be in order to S. islation. As everyone will remember, forward. Only seven Republicans are 1813, and they be subject to the 60-vote we had to file cloture on a motion to needed to allow us to do this. Only 7 of affirmative threshold; Senator COLLINS proceed to this bill, and the Senate the 47 have to join us and move for- No. 1660, Boiler MACT; Senator VITTER agreed we should move forward on this ward, but it seems more likely that my No. 1535, OCS; Wyden side-by-side rel- legislation. Republican colleagues will continue to evant to Hoeven No. 1537; Hoeven No. This bill will create or save 3 million take orders from the tea party and fili- 1537 related to the Keystone Pipeline; middle-class jobs, and it enjoys broad buster this jobs measure. Republicans Levin amendment on offshore tax ha- support among rank-and-file members. are quite plainly holding up the surface vens; McConnell or designee relevant Over 1,000 different organizations sup- transportation bill when they vote to Levin amendment; a Cantwell port this legislation—from the Cham- against cloture. That is what ‘‘cloture’’ amendment on energy tax extenders; a ber of Commerce, to the AFL–CIO, and means; it means the Senate agrees we McConnell or designee amendment rel- AAA. It has the endorsement of one of need to focus on the germane amend- evant to the Cantwell amendment; the Senate’s most conservative Mem- ments and bring endless debate to a Menendez amendment on natural gas; bers and one of its most liberal Mem- close. and a Coburn amendment, No. 1738, on bers, the two main managers of this Senate Republican leaders are taking duplication. legislation. Democrats and Republicans a page out of the book of the carnival I further ask unanimous consent that have agreed additionally to 30 other magician. They have been saying since the following highway-related amend- germane and relevant amendments, so February 9: Look over here; look over ments also be in order: DeMint No. there should be nothing standing in the here. They have been insisting on votes 1756; Coats No. 1517; Blunt No. 1540; way of progress on this crucial legisla- on contraception, on loosening clean Paul No. 1556; Portman No. 1736; tion. Yet for weeks Republicans have water standards, and on drilling for oil Portman No. 1742; Corker No. 1785; refused to work with Democrats to fi- pretty much anywhere there is water. Corker, on highway trust fund, No. nalize a path forward. So in a few mo- But as the carnival magician says: 1786; Hutchison No. 1568; McCain No. ments the Senate will vote on whether Look over here, there is no need to 1669; and 10 highway-related amend- to end debate on this measure and to look over there because it is just an ef- ments to be offered by the majority end another filibuster. fort to divert attention from what is leader or his designee. The bill before this body is a bill that really happening. No one should be I further ask unanimous consent that has been generated by the Environ- fooled by what is going on here. following the disposition of the above- ment and Public Works Committee. We A vote against cloture is a vote listed amendments and the managers’ have a provision in it from the Com- against moving forward on this very package of amendments to be cleared merce Committee, the Finance Com- important bipartisan legislation, and by both managers of the bill, the bill be mittee, and the Banking Committee that is true no matter what diversions read a third time and the Senate pro- that is before this body. But in addi- anyone might use to try to distract at- ceed to vote on passage of the bill, as tion to that, we have 37 amendments tention from this very important piece amended. that are part of this measure that is of legislation that is now ours to move Finally, I ask unanimous consent before the body. forward on. that following passage of S. 1813, the If we did nothing else but invoked The PRESIDING OFFICER. The Re- bill be held at the desk and that when cloture on this legislation and passed it publican leader is recognized. the Senate receives the companion and sent it to the House where we Mr. MCCONNELL. Mr. President, as measure from the House, the Senate would have a conference, we would be the majority leader indicated, we have proceed to its immediate consider- way ahead because this bipartisan had a number of very constructive con- ation, all after the enacting clause be piece of legislation would help the versations about reaching an agree- stricken, the text of S. 1813 as passed American people save millions of jobs. ment on voting on both germane and be inserted in lieu thereof; that the bill It is hard to comprehend that I had nongermane amendments to this bill. I then be read three times and passed, to file cloture on such a bipartisan bill, think we are very close to getting the Senate insist on its amendment, re- a measure Republican President Eisen- there. My concern is that if cloture is quest a conference with the House, and

VerDate Mar 15 2010 00:14 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.011 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1410 CONGRESSIONAL RECORD — SENATE March 6, 2012 the Chair be authorized to appoint con- have I. But we are very close to getting Gillibrand Manchin Schumer ferees on the part of the Senate with a agreement on a list of amendments, Hagan McCaskill Shaheen Harkin Menendez Stabenow ratio agreed to with the concurrence of and we should be able to finish this bill Inouye Merkley Tester both leaders. by the end of the week. Johnson (SD) Mikulski Udall (CO) The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The ma- Kerry Murray Udall (NM) Klobuchar Nelson (NE) objection? jority leader. Warner Kohl Nelson (FL) Webb Mr. REID. Reserving the right to ob- Landrieu Pryor Mr. REID. Mr. President, I am, for Whitehouse Lautenberg Reed ject. lack of a better word, disappointed. Wyden The PRESIDING OFFICER. The ma- Levin Rockefeller These amendments are going to do Lieberman Sanders jority leader. nothing to advance the work product of Mr. REID. I don’t know why every- almost 3 million Americans—none of NAYS—44 thing we do has to be a fight—not a them. Alexander Graham Murkowski disagreement, a fight. This bill was Ayotte Grassley Paul We should invoke cloture. I ask my Barrasso Hatch Portman brought up on February 7, and we have Republican colleagues: Break this im- Blunt Hoeven Reid been spending the better part of a passe. Do something that is good for Boozman Hutchison Risch month dealing with contraception—by Burr Inhofe Roberts the American people. Invoke cloture Chambliss Isakson the way, an amendment I had to offer and stop the filibuster—another one. Rubio Coats Johanns Sessions because they wouldn’t bring it up so we Coburn Johnson (WI) CLOTURE MOTION Shelby Cochran Kyl could vote on it. Snowe The PRESIDING OFFICER. Under Corker Lee My math says this agreement that Thune the previous order and pursuant to rule Cornyn Lugar has been suggested by the Republican Toomey XXII, the Chair lays before the Senate Crapo McCain leader calls for 34 amendments. I un- DeMint McConnell Vitter the pending cloture motion, which the derstand and I appreciate that some of Enzi Moran Wicker clerk will report. them are related to what is in this The bill clerk read as follows: NOT VOTING—4 bill—some of them are. As I indicated Begich Kirk earlier, we have been dealing with con- CLOTURE MOTION Heller Leahy traception. There are amendments We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this ance with the provisions of rule XXII of the dealing with clean water standards and vote, the yeas are 52, the nays are 44. clean air standards. Nothing in this bill Standing Rules of the Senate, hereby move to bring to a close debate on the Reid amend- Three-fifths of the Senators duly cho- should deal with America having to ment No. 1761 to S. 1813, a bill to reauthorize sen and sworn not having voted in the breathe more mercury, more lead, and Federal-aid highway and highway safety con- affirmative, the motion is rejected. then, just for good measure, how about struction programs, and for other purposes. Mr. REID. Mr. President, I enter a some arsenic? That has nothing to do Harry Reid, Barbara Boxer, Christopher motion to reconsider the vote by which with the highway bill. A. Coons, Robert P. Casey, Jr., Tom cloture was not invoked on the Reid As I said before, the amendment I Harkin, Mark Udall, Richard amendment. looked at from my friend from Lou- Blumenthal, Debbie Stabenow, Patrick The PRESIDING OFFICER. The mo- isiana calls for drilling for oil anyplace J. Leahy, Herb Kohl, Frank R. Lauten- tion is entered. berg, Max Baucus, Tom Udall, Kent there is water. Next they will be going Mr. REID. Mr. President, I ask unan- Conrad, Robert Menendez, Kirsten E. imous consent that the cloture vote to Lake Mead outside Las Vegas. We Gillibrand, Jeff Bingaman. are producing more domestic oil now with respect to the underlying bill be The PRESIDING OFFICER. By unan- than in decades. The President has vitiated. imous consent, the mandatory quorum opened areas in Alaska that have never The PRESIDING OFFICER. Without call has been waived. objection, it is so ordered. been opened before. The question is, Is it the sense of the Mr. REID. I thank the Chair. Why can’t we just invoke cloture on Senate that debate on amendment No. this bill and move forward on it? It is f 1761, offered by the Senator from Ne- not easy to get to conference—we know RECESS vada, Mr. REID, to S. 1813, a bill to re- that—but we could go to conference. authorize Federal-aid highway and The PRESIDING OFFICER. Under The House is doing its best to come up highway safety construction programs, the previous order, the Senate stands with a bill. They are struggling hard. and for other purposes, shall be in recess until 2:15 p.m. On the first day of April, it will be brought to a close? Thereupon, the Senate, at 12:54 p.m., April Fools’ Day for a lot of people in The yeas and nays are mandatory recessed and reassembled at 2:15 p.m. America because we will lose almost under the rule. when called to order by the Presiding 800,000 jobs on April 1. It will be a real Officer (Mr. WEBB). The clerk will call the roll. April Fools’ Day. So if we can’t move f forward on this—why can’t we get The bill clerk called the roll. seven Republicans to break from the Mr. DURBIN. I announce that the EXECUTIVE SESSION pack over here and say that not every- Senator from Alaska (Mr. BEGICH) and thing we do has to be an arm-wrestling the Senator from Vermont (Mr. LEAHY) are necessarily absent. NOMINATION OF MARY ELIZABETH contest? PHILLIPS TO BE UNITED STATES I appreciate that we at least have I further announce that, if present and voting, the Senator from Vermont DISTRICT JUDGE FOR THE WEST- something in writing. I appreciate ERN DISTRICT OF MISSOURI that. I will take a look at it, but I ob- (Mr. LEAHY) would vote ‘‘yea.’’ ject. Mr. KYL. The following Senators are The PRESIDING OFFICER. Objec- necessarily absent: the Senator from NOMINATION OF THOMAS OWEN tion is heard. Illinois (Mr. KIRK) and the Senator RICE TO BE UNITED STATES DIS- The Republican leader. from Nevada (Mr. HELLER). TRICT JUDGE FOR THE EASTERN Mr. MCCONNELL. Mr. President, not The PRESIDING OFFICER. Are there DISTRICT OF WASHINGTON any other Senators in the Chamber de- to continue to debate much further, The PRESIDING OFFICER. Under siring to vote? but I would point out that there are de- the previous order, the Senate will pro- The yeas and nays resulted—yeas 52, mands for amendments on both sides ceed to executive session to consider nays 44, as follows: here. We are very close to getting an the following nominations, which the agreement. I think a ‘‘no’’ vote on clo- [Rollcall Vote No. 25 Leg.] clerk will report. ture is not the end of this bill but the YEAS—52 The legislative clerk read the nomi- beginning. It gives us an opportunity Akaka Brown (MA) Collins nations of Mary Elizabeth Phillips, of to go on and wrap up discussions that Baucus Brown (OH) Conrad Missouri, to be United States District have been going on entirely too long, it Bennet Cantwell Coons Judge for the Western District of Mis- Bingaman Cardin Durbin seems to me, and I know the majority Blumenthal Carper Feinstein souri, and Thomas Owen Rice, of Wash- leader has been frustrated by it, and so Boxer Casey Franken ington, to be United States District

VerDate Mar 15 2010 00:14 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.013 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1411 Judge for the Eastern District of Wash- Of those 14 judicial nominations still nees pending on the Senate’s calendar, ington. on the calendar from last year, none all but 1 of them reported with signifi- The PRESIDING OFFICER. Under are the kind of divisive ideological cant bipartisan support, and 16 of them the previous order, there will be 2 min- nominees that should lead to the kinds unanimously. To date, the Senate has utes for debate equally divided in the of delay we have seen, let alone filibus- only been allowed to work its way usual form. ters. President Obama should be through five. This means that it could Mr. LEAHY. Mr. President, today the praised by Republicans and Democrats again be summer before the Senate is Senate will vote on the confirmation of for making consensus picks like his allowed to work its way through the two highly qualified, consensus nomi- two nominations to fill vacancies on judicial nominees who could, and nees to the Federal bench: Mary Eliza- Federal Circuit courts, Stephanie should, have been confirmed the year beth Phillips to the U.S. District Court Dawn Thacker of West Virginia, nomi- before. for the Western District of Missouri nated to the Fourth Circuit, and Judge The result of the Senate Republicans’ and Thomas Owen Rice to the U.S. Dis- Jacqueline Nguyen of California, nomi- obstruction is that the ability of our trict Court for the Eastern District of nated to fill one of the many judicial Federal courts to provide justice to Washington. I thank the majority lead- emergency vacancies on the Ninth Cir- Americans around the country is com- er for pressing for these votes. These cuit. Ms. Thacker, an experienced liti- promised. Millions of Americans, who are nominees who were reported unani- gator and prosecutor, has the strong are in overburdened districts and cir- mously by the Senate Judiciary Com- support of her home State Senators, cuits, experience unnecessary delays in mittee last October, almost 5 months Senators ROCKEFELLER and MANCHIN. having their cases resolved. One hun- ago. They are both supported by their Judge Nguyen, whose family fled to the dred and thirty million Americans live home State Senators, Democrats and United States in 1975 after the fall of in districts or circuits that have a judi- Republicans, as are all of the judicial South Vietnam, was confirmed unani- cial vacancy that could be filled today nominations of this President been who mously to the district court in 2009 and if Senate Republicans would just agree have been voted on by the Senate Judi- would become the first Asian Pacific to vote on the nominations now pend- ciary Committee. American woman to serve on a U.S. ing on the Senate calendar. It is wrong Last month the majority leader had court of appeals. Both were reported to delay votes on these qualified, con- to file cloture petitions to end a 4- unanimously by the Judiciary Com- sensus judicial nominees. month and 2-day filibuster of the con- mittee last year, and both should be Our courts need qualified Federal firmation of Judge Adalberto Jordan of considered and confirmed by the Sen- judges, not vacancies, if they are to re- Florida and to end the 5 month fili- ate without additional damaging duce the excessive wait times that bur- buster of the nomination of Jesse delays. den litigants seeking their day in Furman, a former counselor to Attor- With 1 out of nearly every 10 Federal court. It is unacceptable for hard-work- ney General Mukasey. The majority judgeships vacant, the Senate should ing Americans who turn to their courts leader should not have had to file clo- be acting on all of the judicial nomina- for justice to suffer unnecessary ture petitions for the Senate to vote on tions approved by the Senate Judiciary delays. When an injured plaintiff sues these outstanding judicial nominees. Committee but that Republican objec- to help cover the cost of his or her Senate Republicans have filibustered tions are stalling from final action. Re- medical expenses, that plaintiff should nine of President Obama’s judicial grettably, delay and obstruction have not have to wait 3 years before a judge nominations despite the fact that he stalled action on President Obama’s ju- hears the case. When two small busi- has reached out to both Republican and dicial nominees since the beginning of ness owners disagree over a contract, Democratic home State Senators and his administration. After the first year they should not have to wait years for nominated qualified, ideologically of President Obama’s first term, only a court to resolve their dispute. moderate men and women to fill vacan- 12 Federal circuit and district court In his ‘‘2010 Year-End Report on the cies on our Federal courts. judges were confirmed, the lowest total Federal Judiciary,’’ Chief Justice Rob- From the start of President Obama’s in 50 years. Senate Republicans allowed erts rightly called attention to the term, Republican Senators have ap- the Senate to confirm only 48 circuit problem of overburdened courts across plied a double standard to this Presi- and district court nominations the the country. Unfortunately, the un- dent’s nominees. Last week, at a meet- next year. That set a modern record for precedented obstruction of consensus ing of the Judiciary Committee, the fewest judicial nominations confirmed judicial nominations by Senate Repub- Senator from Utah conceded that a during a President’s first 2 years in of- licans who dramatically departed from ‘‘new standard’’ is being applied to fice, the lowest in 35 years. As a result, the Senate’s longstanding tradition of President Obama’s nominations. Sen- judicial vacancies rose again over 110 regularly considering consensus, non- ate Republicans have chosen to depart and stayed around 90 for the longest controversial nominations, marked a dramatically from the long tradition of period of historically high vacancies in new chapter in what Chief Justice Rob- deference on district court nominees to 35 years. This is in stark contrast to erts calls the ‘‘persistent problem’’ of the home State Senators. Instead, an the 100 confirmations that I oversaw filling judicial vacancies. unprecedented number of President during the last 17 months of President If Republican Senators were con- Obama’s highly qualified district court Bush’s first 2 years in office. That ac- cerned about ensuring that our courts nominees have been targeted for oppo- tion led to a significant reduction in have the judges they need to admin- sition and obstruction. judicial vacancies. ister justice for the American people, The nominations the Senate con- The truth is that the actions of Sen- they would not have refused consent siders today did not receive a single ate Republicans in stalling judicial for the Senate to consider these con- negative vote in the Judiciary Com- nominations during President Obama’s sensus judicial nominees. The obstruc- mittee. Still, they have been stalled administration has led to what the tion reminds me of the Republican from confirmation for almost 5 Congressional Research Service docu- pocket filibusters that blocked more months. It is good that Senate Repub- mented as the longest period of histori- than 60 of President Clinton’s judicial licans are finally allowing them to be cally high judicial vacancy rates in nominations from Senate consider- considered. But we need to do much modern times. At the end of President ation. more. These are only 2 of the 14 re- Obama’s second year and again at the When I became chairman in 2001 and maining judicial nominations voted on end of last year, Senate Republicans made the committee blue slip process by the Judiciary Committee last year opted to obstruct final confirmation public for the first time and worked to that have been stalled by Senate Re- votes on consensus judicial nominees confirm 100 judicial nominees of a con- publicans for months. They all should for no good reason. Last year it took us servative Republican President in 17 have been considered and confirmed until June to make up the ground we months, I hoped we were past these last December. President Obama’s lost when Senate Republicans refused partisan tactics. I am disappointed nominees are being treated differently to complete action on judicial nomi- that, after working for more than a than those of any President, Demo- nees at the end of 2010. This year the decade to restore transparency and cratic or Republican, before him. Senate started with 19 judicial nomi- fairness to the process of considering

VerDate Mar 15 2010 00:14 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.021 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1412 CONGRESSIONAL RECORD — SENATE March 6, 2012 judicial nominations, we see the Sen- necessary and damaging delays. As the and as a local prosecutor Jackson ate Republicans again using obstruc- ABA president noted last week: County, MO. The ABA’s Standing Com- tion to block progress at filling judi- Backlogs mean justice delayed in cases in- mittee on the Federal Judiciary unani- cial vacancies. volving protection of individual rights, ad- mously rated her ‘‘well qualified’’ to I wish that the Republican Senators vancement of business interests, compensa- serve on the U.S District Court, its who came to the Senate and the Senate tion of injured victims and enforcement of highest possible rating. Judiciary Committee in 2003 and de- federal laws. Thomas Owen Rice has been nomi- cried what they characterized as a bro- Longstanding vacancies on courts with staggering caseloads impede access to the nated to the U.S. District Court for the ken judicial confirmation process courts. They create strains that, if not Eastern District of Washington. Cur- would acknowledge the 100 confirma- eased, threaten to reduce the quality of our rently the first assistant U.S. attorney tions in 17 months that we accom- justice system. They erode confidence in the in the Eastern District of Washington, plished in 2001 and 2002 when President courts’ ability to uphold constitutional Mr. Rice has spent his entire career in Bush was not consulting closely with rights and render fair and timely decisions. public service as a Federal prosecutor, home State Senators and, instead, in- Delay at the federal courts puts people’s including as chief of the Criminal Divi- sisted on sending the Senate ideolog- lives on hold while they wait for their cases sion in the Eastern District of Wash- to be resolved. Businesses face uncertainty ical nominees. I have done my part to and costly holdups, preventing them from in- ington. Both of Washington’s Senators fix and to improve the process. vesting and creating jobs. In sum, judicial Senators MURRAY and CANTWELL—sup- By contrast, those Republicans who vacancies kill jobs. port Mr. Rice’s nomination. Both of deemed filibusters unconstitutional Justice delayed, as the famous maxim these nominations were reported by and demanded up-or-down votes for goes, is justice denied. It’s bad for business, the Judiciary Committee by voice vote every judicial nominee just a few years it’s unfair to individuals, and it slows gov- with no dissent nearly 5 months ago in ago have now filibustered nine of Presi- ernment enforcement actions, which ulti- October 2011. dent Obama’s judicial nominees. What mately costs taxpayers money. I thank the majority leader for his happened to their principle that a par- The Senate remains far behind where efforts to break through the Repub- tisan minority should not be allowed to we should be in considering President licans’ obstructionist tactics. Last frustrate the will of the majority? Obama’s judicial nominations. The Tuesday, several other Democratic They used to say that judicial nomi- Senate had confirmed a lower percent- Senators also came before the Senate nees ‘‘should not be required to serve age of President Obama’s judicial to talk about the need for more action an indefinite period of time in the nominees than those of any President to fill the judicial vacancies that have stocks as targets for these special in- in the last 35 years. The Senate has remained historically high for far too terest groups that attack them on a confirmed just over 70 percent of Presi- long. I thank Senators DURBIN, SCHU- regular basis.’’ Now these same Repub- dent Obama’s circuit and district nomi- MER, FEINSTEIN, COONS, CARDIN, and lican Senators obstruct votes on quali- nees, with more than one in four not KLOBUCHAR for their involvement and fied, consensus nominees and allow rep- confirmed. In stark contrast, the Sen- their thoughtful statements. utations to be savaged without good ate confirmed nearly 87 percent of Last Thursday, we had a discussion cause. President George W. Bush’s nominees, before the Judiciary Committee, as In 2005, the so-called Gang of 14 nearly 9 out of every 10 nominees he well. I commended Senator COBURN for adopted a standard for filibusters that sent to the Senate over two terms. the statement he made at that time in require ‘‘exceptional circumstances.’’ The Senate remains well behind the which he called upon Senators to step That standard was abandoned by Re- pace set during President Bush’s first back and return to the practice of mov- publicans who filibustered the nomina- term. By the end of President Bush’s ing forward on consensus nominees and tion of Caitlin Halligan last year. The first term, the Senate had confirmed that we need to build bridges instead of Washington Times’ banner headline on 205 district and circuit nominees. To burn them. December 7, 2011, noted what had long date now in the fourth year of Presi- It is important that we confirm these been apparent to me: ‘‘GOP Ends Truce dent Obama’s first term, the Senate two nominees so they can serve the on Judicial Hopefuls.’’ has confirmed only 129 district and cir- people of Missouri and Washington, but It is wrong to dismiss the delays re- cuit nominees. By this date in 2004, the we need to do much more. The Senate sulting from the Senate Republicans’ Senate had confirmed 170 district and needs to proceed without delay to con- obstruction as merely political tit for circuit nominees. Today the total is sider all 20 of the judicial nominees tat. These are new and damaging tac- more than 40 confirmations shy of the currently before it and to promptly tics that Senate Republicans have de- mark. consider those being sent to the Senate vised. The standard had been that non- Another way to think about this is by the Judiciary Committee. That is controversial judicial nominees re- that during President Bush’s first how we can fulfill our responsibilities ported by the Judiciary Committee term, the Senate confirmed the 130th to the American people. That is how we were confirmed by the Senate before nominee to our circuit and district can begin to restore the American’s the end of the year. That is the stand- courts in early June of his third year people’s confidence in this institution. ard we should have followed in 2010 and in office. Here we are, approaching the Mr. BINGAMAN. Mr. President, I 2011, but Senate Republicans did not. spring of President Obama’s fourth suggest the absence of a quorum. Senate Republicans set a new and de- year, nearly 9 months later, and we are The PRESIDING OFFICER. The structive standard to hold up qualified, just reaching that milestone—9 months clerk will call the roll. consensus judicial nominees for no later. It has taken us far too long to The legislative clerk proceeded to good reason. A New York Times edi- reach this point. That is why the judi- call the roll. torial from January 4, 2011, refers to cial vacancy rate remains nearly dou- Mr. DURBIN. Mr. President, I ask Senate Republicans’ ‘‘refusal to give ble what it was at this point in the unanimous consent that the order for prompt consideration to noncontrover- Bush administration. the quorum call be rescinded. sial nominees’’ a ‘‘terrible precedent.’’ Today we can finally confirm these The PRESIDING OFFICER. Without In a column last week, the president of two highly qualified, consensus nomi- objection, it is so ordered. the American Bar Association reiter- nees. Mary Elizabeth Phillips has been Mr. DURBIN. Mr. President, I yield ated the call for a ‘‘sustained, con- nominated to the U.S. District Court back any pending time on the first certed and bipartisan effort’’ to ‘‘make for the Western District of Missouri. nomination. meaningful progress toward filling va- Ms. Phillips is the first woman to serve The PRESIDING OFFICER. Without cancies on the federal bench. as the U.S. attorney for the Western objection, it is so ordered. While consensus judicial nominations District of Missouri. Her nomination Mr. DURBIN. Mr. President, I ask are stalled without a final vote by the has the bipartisan support of both of unanimous consent that there be 2 Senate, millions of Americans across her home State Senators, Democratic minutes of debate between the two the country are being harmed by Senator CLAIRE MCCASKILL and Repub- votes equally divided and controlled delays. The American people and our lican Senator ROY BLUNT. Ms. Phillips between the two leaders or their des- Federal courts cannot afford these un- previously worked in private practice ignees.

VerDate Mar 15 2010 00:14 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.015 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1413 The PRESIDING OFFICER. Without fully prosecuted a variety of criminal MOVING AHEAD FOR PROGRESS IN objection, it is so ordered. cases to protect our eastern Wash- THE 21ST CENTURY—Continued Mr. DURBIN. I ask for the yeas and ington communities. He has wide sup- The PRESIDING OFFICER. The Sen- nays. port from his peers and numerous acco- ator from New Jersey. The PRESIDING OFFICER. Is there a lades. REMEMBERING CONGRESSMAN DONALD PAYNE sufficient second? I hope my colleagues will support his There appears to be a sufficient sec- nomination, making Gonzaga Univer- Mr. LAUTENBERG. Mr. President, I ond. sity, his alma mater, Spokane, and the rise to pay tribute to a long-time The question is, Will the Senate ad- State of Washington proud of his nomi- friend from New Jersey. It is a sad day vise and consent to the nomination of nation. for all of us from New Jersey who knew Congressman DONALD PAYNE from Mary Elizabeth Phillips, of Missouri, to The PRESIDING OFFICER. Is there north New Jersey, and I pay tribute to be United States District Court Judge further debate? If not, the question is, my colleague who died this morning for the Western District of Missouri. Will the Senate advise and consent to after a battle with colon cancer. The yeas and nays are ordered. the nomination of Thomas Owen Rice, The clerk will call the roll. of Washington, to be United States Dis- Congressman PAYNE was the first Af- The legislative clerk called the roll. trict Judge for the Eastern District of rican American from New Jersey to be Mr. DURBIN. I announce that the Washington? elected to Congress. He was a trail- Senator from Alaska (Mr. BEGICH) is blazer and a fine leader, one of the fin- necessarily absent. The yeas and nays have been ordered. est our State has ever known. For Mr. KYL. The following Senators are The clerk will call the roll. more than two decades, Congressman necessarily absent: the Senator from The assistant bill clerk called the PAYNE served New Jersey with distinc- Illinois (Mr. KIRK) and the Senator roll. tion, but the whole world benefited from Nevada (Mr. HELLER). Mr. DURBIN. I announce that the from his leadership. He was a proud son The PRESIDING OFFICER. Are there Senator from Alaska (Mr. BEGICH) is of Newark and became an expert on any other Senators in the Chamber de- necessarily absent. foreign relations and led efforts to re- siring to vote? Mr. KYL. The following Senators are store democracy and human rights The result was announced—yeas 95, necessarily absent: the Senator from around the world, including places as nays 2, as follows: Illinois (Mr. KIRK) and the Senator far away from one another as northern [Rollcall Vote No. 26 Ex.] from Nevada (Mr. HELLER). Ireland and Sudan. President Clinton chose Congressman PAYNE to accom- YEAS—95 The PRESIDING OFFICER (Mr. pany him on his historic tour of Africa Akaka Gillibrand Murkowski FRANKEN). Are there any other Sen- in 1998. Alexander Graham Murray ators in the Chamber desiring to vote? Ayotte Grassley Nelson (NE) The Congressman also worked hard. Barrasso Hagan Nelson (FL) The result was announced—yeas 93, He secured more than $100 million to Baucus Harkin Paul nays 4, as follows: Bennet Hatch Portman treat victims of malaria, tuberculosis, Bingaman Hoeven Pryor [Rollcall Vote No. 27 Ex.] HIV and AIDS, and stopped the spread Blumenthal Hutchison Reed of these diseases in Africa’s poorest na- Blunt Inhofe YEAS—93 Reid tions. Boozman Inouye Risch Akaka Gillibrand Murkowski Boxer Isakson Roberts Alexander Graham Murray Three years ago, against the State Brown (MA) Johanns Rockefeller Ayotte Grassley Nelson (NE) Department’s advice, Congressman Brown (OH) Johnson (SD) Rubio Barrasso Hagan Nelson (FL) Burr Johnson (WI) PAYNE went to Somalia to see the tur- Sanders Baucus Harkin Paul Cantwell Kerry moil there for himself, narrowly escap- Schumer Bennet Hatch Portman Cardin Klobuchar Bingaman Hoeven Pryor Sessions ing with his life when insurgents Carper Kohl Blumenthal Hutchison Reed Shaheen launched a mortar attack near his air- Casey Kyl Blunt Inhofe Reid Shelby Chambliss Landrieu Boozman Inouye Risch plane when he was leaving. Snowe Coats Lautenberg Boxer Johanns Roberts Stabenow The Congressman also helped with Coburn Leahy Brown (MA) Johnson (SD) Rockefeller passage of a resolution declaring the Cochran Levin Tester Brown (OH) Johnson (WI) Rubio Collins Lieberman Thune Burr Kerry Sanders killings in Darfur as genocide and rais- Conrad Lugar Toomey Cantwell Klobuchar Schumer ing global awareness of these trav- Coons Manchin Udall (CO) Cardin Kohl Sessions esties. Corker McCain Udall (NM) Carper Kyl Shaheen Cornyn McCaskill Vitter Casey Landrieu Shelby At home Congressman PAYNE was a Crapo McConnell Warner Coats Lautenberg Snowe tireless advocate for his constituents. Durbin Menendez Webb Coburn Leahy Stabenow He brought significant economic devel- Enzi Merkley Whitehouse Cochran Levin Tester Feinstein Mikulski Wicker Collins Lieberman Thune opment to counties in New Jersey, in- Franken Moran Wyden Conrad Lugar Toomey cluding Essex, Hudson, and Union. He Coons Manchin Udall (CO) NAYS—2 was a former schoolteacher and was a Corker McCain Udall (NM) leader on education. He worked hard to DeMint Lee Cornyn McCaskill Vitter Crapo McConnell Warner close the achievement gap, with mak- NOT VOTING—3 Durbin Menendez Webb ing college more affordable and bring- Begich Heller Kirk Enzi Merkley Whitehouse ing more equity to school funding. Con- Feinstein Mikulski Wicker The nomination was confirmed. Franken Moran Wyden gressman DONALD PAYNE was a man of The PRESIDING OFFICER. Under conscience and conviction. the previous order, there will now be 2 NAYS—4 I knew him for many years, and I was minutes of debate, equally divided, Chambliss Isakson always struck by his soft-spoken de- prior to a vote on the Rice nomination. DeMint Lee meanor, and that kind of made him a The Senator from Washington is rec- NOT VOTING—3 rarity in politics. But Congressman ognized. Begich Heller Kirk PAYNE knew he didn’t need to raise his Ms. CANTWELL. Mr. President, I voice; his ideas were powerful enough. rise to support the nomination of The nomination was confirmed. The Congressman put it best when he Thomas Rice to the U.S. District Court The PRESIDING OFFICER. Under said: ‘‘There is a lot of dignity in being for the Eastern District of Washington. the previous order, the motions to re- able to achieve things without having He is one of our State’s rising legal consider are considered made and laid to create rapture.’’ stars and has left his mark defending upon the table. The President will im- As I mentioned, DONALD PAYNE was a the community in which he was born. mediately be notified of the Senate’s teacher in the Newark public schools, For nearly 25 years he served in the action, and the Senate will resume leg- and Newark was a poverty-stricken U.S. Attorney’s Office in eastern Wash- islative session. city. His mission was to inspire young ington, and in that time he success- The Senator from New Jersey. people to use education in their lives to

VerDate Mar 15 2010 03:06 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.022 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1414 CONGRESSIONAL RECORD — SENATE March 6, 2012 achieve opportunity. The people of New hour winds crushing everything in its victims of these tragic storms which Jersey sent him to Washington for the path. On Sunday, I flew over the path raced through the Midwest in their first time in 1988, and they continued of the tornadoes and walked on the thoughts and prayers. I ask all Ameri- sending him back by overwhelming ground and saw a site of total destruc- cans to remember how quickly life can margins for the next 22 years. He be- tion. Every home and every business in change, but also to remember the came an inspiration to many, including that path destroyed. Every open field American spirit which compels us to members of his family who followed was strewn with debris. Some debris reach out and help a neighbor in trou- him into careers in public service. carried for miles before it was depos- ble. But most of all, DONALD PAYNE was ited. Every tree was stripped bare and I am going to continue to work with an inspiration to the people he served. flattened, every car or truck within Indiana Governor Daniels, his home- He gave them hope. He gave them some that path damaged with either softball- land security team, the administra- ideas of what they could make of their sized hail or turned upside down by 175 tion, and FEMA to make sure Hoosiers lives. His voice sounded important and mile-per-hour winds. A house miracu- and the communities impacted are re- deliberate enough to convince people lously still intact was picked up off its ceiving the help they need. to try harder, and he did succeed many foundation and moved 100 yards east. We will never be able to replace the times. Several rural towns—small rural lives of those lost from Mother Na- In 1988, during his first campaign for towns in southern Indiana—were to- ture’s destruction, but Hoosiers will the House, Congressman PAYNE told a tally destroyed by the force of nature. come together to rebuild one day at a reporter: ‘‘I want to be a role model for A high school of more than 1,100 stu- time. It is the Hoosier way, and thank the kids I talk to on the street cor- dents now lies in complete shambles. goodness it is still the American way. ners.’’ He used to see a lot of them. He Buses stationed at the schools and cars Mr. President, I yield the floor. worked hard within his congressional were hurled into the buildings across The PRESIDING OFFICER. The Sen- district. He said: ‘‘I want to see there the street. An entire family—mom, ator from Massachusetts. are no barriers to achievement.’’ dad, and children—were killed just be- Mr. KERRY. Mr. President, what is DONALD PAYNE achieved this goal. An cause the storm hit seconds before they the order now? entire generation of New Jerseyans has were able to reach the steps leading The PRESIDING OFFICER. The Sen- come of age knowing and respecting down to the basement. ate is considering the Transportation Congressman DONALD PAYNE. He has Yet, through all of these devastating bill. undoubtedly inspired many young New images, I saw and heard firsthand sto- Mr. KERRY. Thank you, Mr. Presi- Jerseyans to enter public service, and I ries of heroism, generosity and resolve dent. expect we will one day see some of that I will always remember: TALK HAS CONSEQUENCES Two schoolbus drivers who made a them walking the Halls of Congress Mr. President, several of us in the split-second decision to turn around and following in DONALD PAYNE’s foot- Senate have run for the office of Presi- and get the kids off the bus and into a steps, but today these Halls feel emp- dent of the United States. Two of us shelter—both of those buses were to- tier without his presence. have been our party’s nominees, and tally destroyed just moments later. I am going to miss DON PAYNE. We dozens of others have played major The first responders, local police, fire, will mourn his absence from our lives, roles in tough campaigns. So none of us and rescue teams who searched for vic- but we will also take comfort in the in the Senate are strangers to the tims, helped the injured and did every- knowledge that his legacy will endure rough and tumble of American politics. thing they could to offer support in for a long time to come, way beyond I think we all understand on a personal light of this tragedy; neighbors who his life. We thank him at this time for level what the humorist said at the rushed in to help the injured, citizens all of the good he did and that he turn of the century when he wrote: from nearby towns and counties who brought to our people and our State. ‘‘Politics ain’t beanbag.’’ One has to With that, Mr. President, I yield the poured into the area offering food and drink and shelter; people saying: Do have a thick skin and a strong back- floor. you have a place to stay? Do you have bone to survive in this business. One The PRESIDING OFFICER. The Sen- has to be able to take a punch and de- ator from Indiana. something to eat? What can we do to help? Former strangers became imme- liver one, and we all understand that. INDIANA TORNADO DAMAGE So it is not as an innocent that I diate friends. Mr. COATS. Mr. President, I wish to On Sunday morning, as I walked come to the floor today to say that I speak as in morning business on a mat- through what was the town of was troubled—deeply troubled—to read ter that affects a lot of Hoosiers. I do Henryville, I witnessed a remarkable an op-ed in this morning’s Washington so with a great sense of heartfelt con- scene: displaced homeowners picking Post by the likely Republican nominee dolence to all who have suffered from through the rubble of their homes try- for President Mitt Romney. It was an the tragic storm and tornadoes that ing to recover lost memories and pre- attack on the administration’s Iran swept across the southern part of our cious keepsakes; one man planting an policy, and it was as inaccurate as it State this past Friday, gratitude for all American flag on the rubble of his was aggressive. of those who responded in such a won- former home. I was deeply moved by Every candidate for the Oval Office derful way to address this situation, the indomitability of the American has the right to criticize the President. and deep pride for the people of Indiana spirit, a spirit still so alive and well in But, particularly this week, while for how they have come together to a time of tragedy. Prime Minister Netanyahu is in Wash- help one another. Mother Nature’s un- Soon the first responders will be re- ington meeting with the administra- forgiving force Friday afternoon, turning home, if they haven’t already, tion to determine the road forward changed the lives of many Hoosiers. from a job well done, to wait for the that might mean the difference be- Imagine, if you would, a stretch of land next call to action while the State and tween war or a diplomatic solution— extending for nearly 50 miles, between Federal assessment teams begin the particularly at that moment when so a quarter of a mile and a half mile process of restoration. Piece by piece, much is on the line, we all ought to re- wide, with everything in its path de- day by day, the people of Indiana will member that the nuclear issue with stroyed by tornadoes that touched rebuild their homes, their churches, Iran is deadly serious business, and it down and moved with such unimagi- their schools, and their communities ought to invite sobriety and serious- nable force. destroyed by these tornadoes. One minded solutions, not sloganeering and Most of us from the Midwest are used woman captured the feeling of Hoo- fiction and sound bites. to tornadoes that usually jump around siers’ best when she turned to me while I don’t think we should allow Iran to and take out a shed here, a barn there, standing on the remains of what used become another party’s applause line maybe a home, in perhaps a short to be her home and said: We will go on. on the Presidential stump. Talk has stretch of space, but I have never We will recover. We will make it right consequences, particularly when it is seen—and most have never seen—a tor- again. talk about war, and talk of war only nado that touches down and stays down I am asking all Americans to keep helps Iran and others at this moment, for miles and miles with 175 mile-per- Hoosiers, Kentuckians, and all of the by increasing the price of Iranian crude

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Worst of all, Bush’s lead negotiator on Iran, said: ties, ballistic missile program, conven- Governor Romney’s op-ed does not The attacks on Obama basically say, ‘‘He’s tional military exports to Iran, Iranian even do readers the courtesy of describ- weak and we’re strong.’’ But when you look banks and financial transactions, and ing how a President Romney would, in at the specifics, you don’t see any difference. the Islamic Revolutionary Guard fact, do anything different from what That is a quote. Corps. President Obama and this administra- So let’s go point by point through the What is more, in coordination with tion has already done. So if we are Romney plan. He writes he would pro- allies such as the European Union, going to disagree, let’s at least dis- ceed with missile defenses to protect Japan, South Korea, Australia, Can- agree responsibly—and honestly. Iran. He ignores the fact that one of ada, and others, the Obama administra- So examine the op-ed I am talking the very first things the Obama admin- tion put in place additional measures, about. From the very opening para- istration did was to issue its plans for ratcheting up pressure on the country’s graphs, Mr. Romney garbles history. the phased adaptive approach—so that petrochemical industry, oil and gas in- Going back to the Iranian revolution, we would be able to sooner protect our dustry, and financial sector. Recently, he calls President Carter ‘‘feckless,’’ friends and allies against the Iranian Europe announced the ban of oil im- saying he did nothing for over a year missile threat and to provide increas- ports from Iran, which will further while Iranian revolutionaries held ing levels of capability as the tech- pressure Iran’s economy, and that has come with significant leadership effort Americans captive. In fact, it was the nology advances. During the debate and diplomacy by Secretary Clinton months of President Carter’s negotia- over the New START treaty, the Sen- and by the administration and Sec- tions, leading up to an all-night session ate heard in great detail—including of negotiation—the very night before retary Geithner. from the Commander of the Strategic That is just on the multilateral the inauguration of President Reagan Command and the Director of the Mis- on January 20—that actually freed the front. President Obama also worked sile Defense Agency—how that par- hostages. closely with Congress to pass the Com- ticular system was going to work and I bring up the hostage crisis for an- prehensive Iran Sanctions, Account- other reason, because when those heli- how the administration planned to pro- ability, and Investment Act, which copters went down in the desert during ceed with it. In fact, the President sent strengthened existing U.S. sanctions. the failed rescue attempt in 1980, the the Senate a letter affirming his com- He made it harder for the Iranian Gov- United States not only lost the oppor- mitment to missile defense, and over ernment to buy refined petroleum and tunity to get our people back sooner the past year he has stuck by that to modernize its oil and gas sector. Re- but President Carter fundamentally promise. cently, we imposed tough new sanc- lost any chance he had at reelection. So then Romney goes on to say that tions on the Central Bank of Iran. So Notwithstanding that reality, notwith- President Obama doesn’t understand one doesn’t have to take my word for standing the lesson of Desert One and the seriousness of the threat from nu- it. those helicopters that crashed and the clear terrorism. Again, just look at the Let me quote Iran’s President failed mission—notwithstanding that— record: For the first time, the Presi- Ahmadinejad, who is the one feeling President Obama, whom Governor dent set as a national goal securing all the pressure. Here is what he said last Romney calls ‘‘the most feckless Presi- vulnerable nuclear material around the fall: ‘‘Our banks cannot make inter- dent since Carter,’’ threw that lesson world within 4 years. He won inter- national transactions anymore.’’ out the window, knowing if he at- national endorsement of that effort at Today, all of these sanctions are be- ginning to bite. Iran is now virtually tempted to go into Pakistan and failed the 2010 Nuclear Security Summit. cut off from large parts of the inter- he would probably lose his chance at Last year alone, the Department of national financial system. reelection—notwithstanding that, he Energy removed or eliminated over 250 kilograms of highly enriched uranium Almost $60 billion in energy-related authorized the gutsy and dangerous projects in Iran have been put on hold raid in Pakistan that finally killed from places such as Ukraine, Belarus, Serbia, and Kazakhstan. In the budget or discontinued. Iran is starting to lose Osama bin Laden. oil sales to key customers in Europe Despite everything that could have request before Congress, the adminis- and Asia. All you have to do is look at gone wrong with that raid, the mission tration plans to eliminate highly en- the front page of today’s newspapers was ordered with confidence, executed riched uranium from nine countries, and read the stories of Iran hastily with courage, and the man who plotted including Vietnam, Ukraine, and Mex- running around and looking for addi- the September 11 attacks was finally ico. tional people to buy their oil. In fact, held accountable for the murder of That is clearly an administration and they have lost customers in Asia. thousands of Americans. George W. leader who understands the danger of Those losses could reach up to 40 per- Bush may have said, ‘‘Wanted: Dead or nuclear material, far more than any ef- cent of its daily sales, according to the Alive,’’ but it was President Obama fort previously. International Energy Agency. who delivered. Then Romney lays out the single greatest willful avoidance of facts in Banking sanctions have prevented I don’t know if Governor Romney has several of Iran’s customers from paying checked the definition of the word his article. He calls for ever-tightening sanctions on Iran. for its petroleum products, leaving the ‘‘feckless’’ lately, but that raid ain’t it. Central Bank short of hard currency The rest of Romney’s argument I don’t know what he thinks has been and driving down the unofficial foreign doesn’t get any better. In fact, he goes going on around here for the last few exchange rate by 40 percent in a single on to propose action after action that years, but when President Obama took office Iran was in the ascendancy. As month. President Obama has already taken. Mr. Romney needs to understand Just look at the analysis. Let me read the Vice President used to say when he chaired the Senate Foreign Relations what is going on if he wants to run for the first sentences from an article in President. Just yesterday the deputy today’s New York Times: Committee: Freedom wasn’t on the march; Iran was on the march. Its chief of the Iranian Revolutionary To rein in Tehran’s nuclear ambitions, Guard Corps was quoted as saying, Mitt Romney says he would conduct naval reach through proxies such as ‘‘The regime is at the height of isola- exercises in the Persian Gulf. . . . He would Hezbollah threatened the United tion.’’ This is the Revolutionary Guard try to ratchet up Security Council sanctions States, its allies, and the region, and speaking: on Iran, targeting its Revolutionary Guards, particularly, obviously, Israel. and the country’s central bank and other fi- The international community was di- The regime is at the height of isolation nancial institutions. And if Russia and China and in the midst of a technological, sci- do not go along, he says, the United States vided; diplomacy—both multilateral entific and economic siege. We are not in a should team up with other willing govern- and bilateral—was stalled. But in June situation of imaginary threats and sanc- ments to put such punitive measures in 2010, with a decisive push from Presi- tions. Threats and sanctions against us are place. As it turns out— dent Obama, the United Nations put in effectively being pursued.

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That came from the debates going forward. That is appro- have heard these stories—literally former director of Israel’s Mossad. priate. And we are going to have a saved whole villages in Sub-Saharan To talk about Israel for a second, we bruising election season. That is OK if Africa, because that is the kind of man all ought to remember that President it is on the up-and-up, if it is really he was. Obama has provided record amounts of about real differences and real issues. He built a reputation as chairman of security funding to help Israel main- And we ought to have those tough the Africa and Global Health Sub- tain its qualitative military edge. fights. That has proven to be how we committee for his integrated approach Prime Minister Netanyahu has spoken decide the big issues in the United to Africa, combining health, develop- of President Obama’s ironclad commit- States. We always have. But let’s have ment, economic growth, and improve- ment to Israel’s security. He said, ‘‘Our an honest debate, not a contrived one, ments for a better quality of life. He security cooperation is unprecedented, not a phony set of propositions that once said: and President Obama has backed those have nothing to do with the reality of Malaria, TB and HIV/AIDS are diseases words with deeds.’’ the situation. The American people de- that are caused, as well, by poverty, and So when you add it all up, Mitt Rom- serve more than that. until we really start dealing with poverty ney evidently is trying to ignore, twist, Governor Romney can debate the elimination, we are going to continue to and distort the administration’s policy. man in the White House instead of in- have these diseases that follow poverty. We For what purpose? For his own gain— venting straw men on the op-ed pages cannot be serious about development [assist- simply to try to drive a wedge in Amer- of our newspapers. He ought to be ance or engagement] without effectively dealing with these three major diseases. ican politics. It seems to be that the armed with facts instead of empty strategy of his campaign is to just say rhetoric. He did everything he could to live up anything. It does not matter what it is If we are going to succeed, as the to those words. based on—just say it. Put it out there American people want us to do in order He could not ignore the fact, as he whether or not it is true. to avoid a war in Iran, then at some pointed out, that: I might say that I think that is ex- point all of us have to act like states- . . . more than 29 million people in Sub-Sa- actly what the American people are men, not candidates. We need to be haran Africa live with HIV/AIDS . . . that malaria and HIV together kill more than 4 tired of and fed up with, what has clear-eyed about what we have accom- plished and what we have yet to do. million people each year . . . that 90 percent turned them off of all of our politics, of them are in Africa . . . that, for millions and what threatens the quality of our That is precisely what Americans ex- pect from their Commander in Chief, around the world—particularly in Sub-Saha- democracy in this great country of ran Africa, where the global malaria burden ours. and that is exactly what Americans de- is heaviest—the disease is a daily reality, an We should be crystal clear. Yes, we serve—no less. enduring epidemic that kills millions and have to prevent Iran from acquiring a I suggest the absence of a quorum. impedes the progress of entire nations . . . The PRESIDING OFFICER. The nuclear weapon. That is not a question He believed in putting an end to the clerk will call the roll. of containment and never has been; it The legislative clerk proceeded to scourge of these diseases and helped is a question of prevention, outright call the roll. broaden our focus in dealing with pov- denial of this ability. That is why Mr. MENENDEZ. Madam President, I erty, disease, and development as a sin- President Obama again made that clear ask unanimous consent the order for gle issue and always said: ‘‘These are in his public comments yesterday, even the quorum call be rescinded. global problems that warrant a global as he builds pressure for a diplomatic The PRESIDING OFFICER (Mrs. collaborative approach . . . ’’ solution. SHAHEEN). Without objection, it is so On World Malaria Day in 2010 he said: I think it is appropriate to have a ordered. ‘‘This is not an endeavor for which we President who first seeks a diplomatic REMEMBERING CONGRESSMAN DON PAYNE lack the knowledge, skills or resources solution. I am one of those here in the Mr. MENENDEZ. Madam President, I to win . . . ’’ Senate who, together with a few others rise to mourn the passing of a great DONALD PAYNE was determined to of our generation, served in Vietnam— man, a great leader, a proud New win. very few—and with one or two, I think, Jerseyan, and my friend, Congressman When he put his mind to it, he could who served in World War II: Senator DONALD PAYNE. I am saddened beyond do anything. He believed he could INOUYE, Senator LAUTENBERG, maybe words by his death. Personally, I have change the world one village at a time, Senator COCHRAN. I don’t recall if there lost a close friend and the people of and he did because that is the kind of are still more here. But the fact is that New Jersey have lost a tireless voice, a man he was. I think anybody who has served in a true advocate who spent a lifetime I served with DONALD PAYNE in the war first wants leaders who try to find fighting for fairness, for justice, and House. I got to know him. I grew to re- if there is a way to make that war in- for the little guy. spect his deep and passionate commit- evitable, if it has to happen, and at Wherever there was injustice, intol- ment to the institution and the people least turns over every stone possible to erance or suffering, wherever someone he served, his belief in the process as it find out if diplomacy can find a solu- was downtrodden by the more powerful was intended by our Founders, to bring tion to a problem. and didn’t have a fair chance, DONALD all of us together, no matter what our President Obama has reiterated that PAYNE was there intervening. From his politics or persuasion, to make a dif- all of the options are on the table. In earliest days in Congress, he focused on ference for his district, for New Jersey, its long history, Iran has had many New Jersey, but his influence was pro- for the Nation, and for people around amazing moments and has provided foundly felt around the world. As a sen- the world. great accomplishments, culturally and ior member of the House Committee on DONALD considered himself hugely in other ways, to its history and to all Foreign Affairs and the ranking mem- lucky to serve. He saw it as a honor of us. This regime, many people be- ber of the Subcommittee on Africa, and he made a difference because that lieve, is something different and some Global Health, and Human Rights, too is the kind of man he was. DONALD hope might even become something dif- DONALD PAYNE followed his passion to PAYNE was a Congressman’s Congress- ferent at some point in time, although restore democracy and human rights in man. To me he was what public service it has a long way to go to evidence places where the suffering was great- is all about. He embodied the concept that. But President Obama has empha- est. of Congress, the assembly of a few good sized—in his approach, he has said, ‘‘I If we asked him what his greatest ac- people committed to the betterment of don’t bluff.’’ I am convinced, as I think complishment was—and there were all of us.

VerDate Mar 15 2010 00:14 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.029 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1417 In his passion for these issues, he The PRESIDING OFFICER (Mr. BEN- his wife of 49 years, Judy Sizemore worked in common cause to bring to- NET). Without objection, it is so or- Rose, and by his son James F. Rose and gether people who were often from to- dered. by his daughter Sonya Rose Hiler. Jim tally different ends of the political f also leaves behind eight grandchildren spectrum. Many of us would refer to and three step-grandchildren. He was MORNING BUSINESS him as ‘‘the great convener’’ because preceded in death by his son, Dwayne he had the unique ability to bring to- Mr. DURBIN. Mr. President, I ask Scott Rose. gether people of disparate beliefs on be- unanimous consent that the Senate The legacy left by Mr. Rose is one half of these issues he believed in and proceed to a period of morning business that will not be easily forgotten. He felt so passionately about. with Senators permitted to speak was able to give so much to the busi- DON’s career and accomplishments therein for up to 10 minutes each. ness world, working tirelessly for the were exemplary. Before he was elected The PRESIDING OFFICER. Without people of Kentucky, and he was also to Congress, he was an educator in the objection, it is so ordered. able to pour his heart into building re- Newark and Passaic Public School Dis- f lationships with his employees and his tricts. He was the former national REMEMBERING JAMES LAWRENCE family members. Mr. Rose led a life president of the YMCA. He became New ROSE that one could be nothing but proud of. Jersey’s first African-American Con- I would like to ask my colleagues in gressman, winning election overwhelm- Mr. MCCONNELL. Mr. President, I the United States Senate to join me in ingly in 1988, and was serving, at the rise today to pay tribute to an indi- commemorating the life and works of time of his death, his 12th consecutive vidual who worked tirelessly to Mr. James Lawrence Rose, an innova- term—this year. He was a senior mem- strengthen Kentucky’s economy tive, committed and truly genuine en- ber of the House Committee on Edu- through his contributions to the coal trepreneur. cation and the Workforce, and he was a and the banking industries. James There was an article recently printed steadfast vocal advocate for early Lawrence ‘‘Jim’’ Rose of Lexington, in the Laurel County-area publication childhood education. He was instru- KY, passed away on December 19, 2011. the Sentinel Echo on the accomplished mental in making K–12 education more He was 73 years old. Although Mr. Law- life of Mr. James Lawrence ‘‘Jim’’ successful and for making college more rence may not be with us today, the Rose. I ask unanimous consent that the affordable. He worked to cut in half the legacy he has forged throughout his article be printed in the RECORD. cost of the Stafford loans and increased lifetime will carry on for many years There being no objection, the mate- the Pell grants. He was a tireless to come. rial was ordered to be printed in the champion of working families, always Jim Lawrence was born in Clay RECORD, as follows: an advocate of increasing the min- County, KY, but received his education [From the Sentinel Echo, Dec. 23, 2011] imum wage, always enforcing work- in the small town of Berea, where he BANK, COAL COMPANY FOUNDER DIES AT 73 graduated from the Berea Foundation force protections, because that is the (By Carol Mills) High School and Berea College before kind of man DONALD PAYNE was. James ‘‘Jim’’ Rose, 73, died Monday of Through his life and service, he was a completing his education at the Uni- complications from a heart attack in Lex- man of the people, and the people of versity of Kentucky in Lexington. Jim ington. New Jersey will never forget what he was passionate about education and Rose, who moved to Lexington in 1988, was did for Essex, Hudson, and Union Coun- made it a priority for himself, and he a former Laurel Countian. He began his ca- ties or for the State as a whole. set out to make it one for the youth of reer by starting a small coal company in 1959 in Clay County where he was born. He moved In the end Congressman PAYNE will the Commonwealth as well. He was in his family to Laurel County in 1975. be remembered for the dignity and large part responsible for the project to construct Lexington Christian Acad- Over three decades he grew his coal busi- honor he brought to this institution ness dramatically, founding Interstate Coal and the Congress and the district he emy’s 75-acre ‘‘Rose Campus’’ in Lex- Company, which had several operations in represented, always putting the inter- ington, KY. eastern Kentucky, including one in Laurel ests of the community, New Jersey, Although Mr. Rose was involved in County on Ky. 192 where College Park is and humanity first, because that is the all sorts of different business aspects, now. The coal stacks are still on the prop- erty, which is owned by the city and the kind of man he was. DONALD made New his most noted business accomplish- ments were those in the banking and county. Rose retired from the coal business Jersey proud, and he will forever be in 1993. missed by all of us who were touched coal industries. Mr. Rose returned to Clay County and started a small coal While Rose was still in the coal business, by his warmth and compassion. I join he entered the banking business by buying a my colleagues in mourning the passing company in 1959. Over the next three bank in his hometown of Manchester in 1978. of a great man. decades, his business would receive nu- He formed a bank holding company, United I visited Congressman PAYNE on Sat- merous national awards for conducting Bancorp of Kentucky, and acquired seven ad- urday at the hospital and talked to his the best mining rescues and operating ditional banks in London (London Bank & brother, who said leaders throughout the safest mines in the United States, Trust, now PNC), Danville, Nicholasville, the world had been calling to inquire as and the company would eventually Richmond, Versailles, Corbin, and Harlan. grow to be one of the top three pro- United Bancorp merged with National City to how he was. Leaders throughout the in 1995. world mourn his passing. They knew ducers of coal in the State of Kentucky Lawrence Kuhl went to work for Rose at how he touched the lives of their citi- upon his retirement in 1993. the London Bank & Trust in 1983 as vice- zens. Mr. Rose made tremendous strides in president and two years later as president. Our thoughts and prayers go out to the world of banking as well. He ‘‘He was an outstanding person,’’ Kuhl DONALD’s beloved children and his en- formed a bank holding company in his said. ‘‘He was so compassionate for human- tire family and all of those who were hometown of Manchester, KY; the town ity. He loved to help people in need. He hired a number of people throughout southeastern touched by him throughout his life. He served as the site where Jim would also open his first bank in 1978. He went on Kentucky to work in his coal mines as well will be missed and we certainly hope as in his banks, and he was a very, very car- God will bless this great man who gave to open seven more banks throughout ing person. He helped a lot of individuals. His back much more than he ever received central and southern Kentucky. Mr. whole family is like that. He has given Car- in life. Rose was an exceptional consultant dinal Hill millions of dollars to help recu- I yield the floor and suggest the ab- and manager, and under him the many perate people. He was a super fellow, very in- sence of a quorum. banks he had acquired flourished. telligent, a good businessman.’’ The PRESIDING OFFICER. The We are all undoubtedly aware that Charles Elza worked for Rose as president clerk will call the roll. Mr. Rose made a permanent mark on of London Bank & Trust for seven years from the economy of Kentucky, but let us 1978 to 1985 before Kuhl took the helm. The assistant legislative clerk called ‘‘He was a great guy, a hard worker,’’ Elza the roll. not forget today that Jim was first and said. ‘‘He was a great family man. He loved Mr. DURBIN. Mr. President, I ask foremost a devout man of God and a be- his kids. He and his wife really had a heart unanimous consent that the order for loved family man. Mr. Rose was a hus- for people who had a hard time. He worked the quorum call be rescinded. band and a father who is survived by hard. Before he made a lot of money, I heard

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Young Audiences has helped ‘‘I was in the coal business, too, before working at the bank,’’ Elza recalled. ‘‘My ments include establishing new clinical numerous students get back on track brother and I sold coal to Interstate Coal and research divisions for the center in the classroom and on a path towards Company, which he (Rose) owned.’’ and overseeing the opening of the hos- higher education or the workforce. Dr. Paul Smith and his wife, Ann, have pital’s first two satellite outpatient Young Audiences not only plays a been friends with Rose ever since he moved centers. valuable role in our classrooms, but his family to London from Manchester. In addition to his service to the Cin- can benefit entire neighborhoods. ‘‘We got acquainted through our children,’’ cinnati Children’s Hospital Medical Members of the Fullerton School com- Ann Smith said. ‘‘They were all in the band, munity in Cleveland participated in some played sports. We went to what our Center, Bill Schubert remained active children did and they went to what their in the Cincinnati community through the ‘Parents as Arts Partners’ pro- children did and we just got together. We his involvement in various local and gram. With the guidance of a Young had the same values in rearing our family. national organizations. In 1993, he was Audience artist, community members ‘‘Mr. Rose was a wonderful man,’’ she named a Great Living Cincinnatian by were able to design and install a mural added. ‘‘He was absolutely a good man. He the Greater Cincinnati Chamber of that now brightens the Cleveland was a hard worker, he was always helping Commerce. He left a legacy of leader- neighborhood. The experience was so someone out, and he walked the talk. He was ship and kindness, and his devotion to positive for the parents, students, and nice, and so is Judy (wife). They’re both very talented musicians. Jim was a classical pian- his community serves as an example the Fullerton community, they are ist, just as well as playing boogie, woogie. for others to follow. now looking for funding to create an- They’re just a wonderful family. Jim was a I would like to remember Dr. William other community mural. good person to work for. He was very well Schubert for his dedication to Cin- To all the students who participate liked by his workers. He was very fair and cinnati Children’s Hospital and for the in Young Audiences, thank you for just.’’ extraordinary impact he made on our taking a stake in your education and Rose was a graduate of Berea Foundation community. in your community. High School and attended Berea College and f To the teachers and parents like the University of Kentucky. He served in those in the Fullerton community, leadership positions in numerous coal and ADDITIONAL STATEMENTS banking organizations. He was also active in thank you for your commitment to in- civic and charitable organizations such as tegrating arts throughout your stu- the Scott Rose Foundation, which was RECOGNIZING YOUNG AUDIENCES dents’ lives. Even during challenging formed in memory of his son, Dwayne Scott, ARTS FOR LEARNING economic times, you go above and be- who was killed in an automobile crash in yond your duties to provide your stu- Richmond. The foundation helps mentally ∑ Mr. BROWN of Ohio. Mr. President, I dents with a well-rounded academic ex- and physically handicapped people. Rose also wish to acknowledge the 60th anniver- perience. started the Scott Rose Games in honor of his sary of Young Audiences Arts for And to the dedicated artists of Young late son. The games, which helped raise Learning and commend it for its con- Audiences of Northeast Ohio, thank money for charity, ran its course after sev- tributions to our Nation’s school chil- eral years and was discontinued. you for your service to the students Rose had served on the boards of UK., Cen- dren. Young Audiences is the Nation’s throughout the region. Your passion tre College, Lees College, and the U.K. Med- leading source of arts-in-education and dedication for the arts will help ical Center, and was a founding member of services. Comprised of 30 affiliates and lead to a new generation of artists and Kentucky Educational Television (KET). 5,000 teaching artists, Young Audi- musicians—and engaged citizens. He leaves his wife Judy Sizemore Rose, a ences, in 2011 alone, reached 5 million I am proud to celebrate the work of son James ‘‘Jamie’’ Rose, a daughter Sonya children in over 6,000 schools. Young Audiences nationwide. Thank Rose Hiler, eight grandchildren, and three Specifically, I would like to recog- you, for your 60 years of service.∑ step-grandchildren. nize the Young Audiences affiliate in Services were Thursday at the Lexington f Christian Academy chapel and a private bur- my home state of Ohio, Young Audi- ences of Northeast Ohio, YANEO. Serv- TRIBUTE TO BISHOP JOHN R. ial will follow at a later date at A.R. Dyche BRYANT Memorial Park in London. ing 18 counties, YANEO has enabled ∑ f over 2,000 students in urban, rural, and Mr. CARDIN. Mr. President, I wish to suburban Ohio school districts to ben- recognize the 50th anniversary of the REMEMBERING WILLIAM efit from arts education through more ministry of Bishop John R. Bryant, SCHUBERT than 7,000 programs during the 2009– senior bishop and presiding prelate of Mr. PORTMAN. Mr. President, I rise 2010 school year. the Fourth Episcopal District of the today to remember Dr. William Schu- Young Audiences’ mission and goal is African Methodist Episcopal, AME, bert of Cincinnati, OH, for his many to help make the arts an essential part Church. Bishop Bryant is a native of years of outstanding leadership and of education. For this reason, Young Baltimore and a graduate of Baltimore service to Cincinnati Children’s Hos- Audiences offers programs for students City College and Morgan State Univer- pital Medical Center and our Greater throughout the P–16 pipeline. From in- sity. From a young age, he learned the Cincinnati community. Dr. Schubert, a tegrating music into a middle school importance of spiritual and civic lead- Cincinnati native, died on February 25, math class to providing poetry writing ership from his father, Rev. Harrison 2012. classes for high school students, Young Bryant, who was a Baltimore pastor Bill Schubert graduated from Walnut Audiences takes a comprehensive and and civil rights activist. Hills High School and then went on to innovative approach toward strength- After John Bryant graduated from attend the University of Cincinnati. ening students’ academic experiences. Morgan State, he served in Liberia Shortly after his arrival on campus, he According to the Arts Education with the Peace Corps, beginning his was drafted into the U.S. Navy. After Partnership, art plays a central role in lifelong involvement in Africa. He re- his service in the Navy, Dr. Schubert a child’s social, emotional, and cog- turned to the United States and earned graduated from the University of Cin- nitive development. Over time, this graduate degrees in theology and min- cinnati and the University of Cin- can help make students more engaged istry and served as a pastor in Boston cinnati College of Medicine. in school and thus better learners. before returning to Baltimore in 1975, Bill Schubert’s 33 year career at Cin- Arts education can alter a student’s where he took on the mantle of leader- cinnati Children’s Hospital Medical entire school experience. Involvement ship at Bethel AME Church, where his Center included 13 years of service as in the arts fosters creativity and prob- father had been pastor. At age 31, he the center’s president and chief execu- lem solving—both of which help stu- was the youngest pastor in the tive officer. Under his leadership, Cin- dents during the school day and in church’s history. He brought incredible cinnati Children’s Hospital Medical their personal lives. From helping a energy to the pulpit and the congrega- Center was ranked within the top 5 student find a new social group, to pro- tion grew by the thousands. He was

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That facil- Dr. Seurkamp, responding to expand- ter for the poor, 40 specialized min- ity and the nurses that manage it now ing job opportunities in the area of istries, and a Christian day school for provide primary care, behavioral health care, worked to found the Notre children from kindergarten to fourth health, dental health and health and Dame of Maryland University School of grade. wellness programs to more than 2,500 Pharmacy, the second pharmacy school In 1988, Rev. Dr. Bryant was named adult patients annually. In fact, in in Maryland and the first at a women’s Bishop of the AME Church’s 14th Epis- 2011, the Center provided 30,000 patient college in the United States. The copal District, which included 101 visits to a section of Philadelphia that School of Pharmacy, like the new churches in West Africa and shortly has the highest percentage of unem- School of Nursing and the School of added the 10th District, including ployed adults, the highest percentage Education, offers professional edu- Texas and the Southwest. In 2000, he of families living in poverty and the cation rooted in the Catholic tradition was named bishop of the Fifth District, highest rate of diabetes in Philadel- of the liberal arts and service to oth- which included 200,000 church members phia. ers. in 14 Western States. In 2008, he was ap- Not only does the Center serve as a As part of the implementation of the pointed senior bishop and president creative model to address chronic campus’s 20-year master plan, Dr. prelate of the Fourth Episcopal Dis- health issues in underserved commu- Seurkamp worked not only to enhance trict, which includes much of the Mid- nities, it also serves as a great edu- the beauty of the university grounds west and Canada. cational tool. As operated by the but also to ensure that university Bishop Bryant’s wife, the Reverend Drexel University College of Nursing buildings are environmentally sustain- Dr. Cecilia Bryant, has been an inte- and Health Professions, the Center en- able. gral partner in his ministry. She found- courages employment in the health Dr. Seurkamp has been honored with ed the AME Church in the Republic of care field and provides nursing stu- numerous leadership awards, as well as Ivory Coast, cofounded the AME dents with the opportunity to learn, the papal honor of Dame of the Order Church in India, and is currently serv- first-hand, the skills needed to work in of St. Gregory. Her work reminds us of ing alongside her husband as supervisor today’s health care industry. the critical role that higher education of the church’s Fourth Episcopal Dis- As we move forward with the ongoing plays in defining our country’s work- trict. Their children, the Reverend Dr. fight to ensure that quality and afford- force and shaping our country’s future. Jamal Harrison Bryant, pastor of Bal- able care is accessible to all Ameri- I ask my colleagues to join me in timore’s Empowerment Temple, and cans, I strongly recommend that we congratulating Dr. Seurkamp on her 15 Dr. Thelma Bryant-Davis, a psycholo- learn from and seek to emulate innova- years of outstanding accomplishments gist, poet, dancer, and minister, con- tive models like the 11th Street Family as president of Notre Dame University tinue the family tradition of spiritual Health Services Center. It effectively of Maryland and in wishing her well in leadership. ∑ I ask my colleagues to join me in serves our most vulnerable citizens, her retirement. congratulating Bishop John R. Bryant improves their general health and in f doing so reduces the burden on our on 50 years of ministry in the African RECOGNIZING HOSMER, SOUTH Methodist Episcopal Church. He has larger hospitals while decreasing med- ∑ DAKOTA built a legacy of outstanding leader- ical costs in the long-term. ∑ Mr. THUNE. Mr. President, today I ship, and he has delivered a message of f wish to recognize Hosmer, SD. The social reform and economic justice in TRIBUTE TO DR. MARY PAT town of Hosmer will commemorate the Baltimore, in Maryland, throughout SEURKAMP 125th anniversary of its founding this our Nation, and around the world.∑ ∑ Mr. CARDIN. Mr. President, I wish to year. f recognize the outstanding leadership Hosmer was platted on May 9, 1887. RECOGNIZING THE 11TH STREET and accomplishments of Mary Pat The name Hosmer comes from Stella A. FAMILY HEALTH SERVICES CEN- Seurkamp, Ph.D., president of Notre Hosmer, who was the wife of a railroad TER Dame of Maryland University. agent from Illinois. A great majority of ∑ Mr. CASEY. Mr. President, on Jan- The College of Notre Dame of Mary- Hosmer’s residents claim German-Rus- uary 17, 2012, I visited to the 11th land was founded in Baltimore by the sian as their ancestry. Because of this Street Family Health Services Center School Sisters of Notre Dame to edu- heritage, the early settlers were able to of Drexel University. The Center is lo- cate women and the poor. The institu- thrive in the harsh South Dakota con- cated in north Philadelphia, PA, and tion was chartered in 1895 and was ditions which proved to be similar to provides outpatient health care serv- known as the College of Notre Dame of those of their home countries. ices to one of the most underserved Maryland until September of 2011, From the beginning, Hosmer has communities in the city. As we work to when it was officially renamed Notre been known to provide excellent serv- ensure that all Americans have access Dame of Maryland University. The un- ices to its citizens. In the 1920s, the to quality, affordable health care, the dergraduate Women’s College of the town prided itself on its fine edu- 11th Street Family Health Services School of Arts and Sciences remains at cational system, as well as a road sys- Center serves as a model that is both the heart of the university and is the tem that was well ahead of its time. innovative and effective, and I wish to only women’s college in Maryland. Hosmer maintained a strong business highlight its efforts today. Under Dr. Seurkamp’s leadership, reputation in the mid-1900s, when Dun The Center was born out of a partner- Notre Dame of Maryland has flourished and Bradstreet gave its businesses ship between the College of Nursing at as one of the Nation’s strongest wom- some of the best credit ratings of any MCP/Hahnemann University, now en’s institutions, fully embracing its Midwestern city. Hosmer’s citizens are Drexel University’s College of Nursing role in preparing young women to un- strong and determined like their ances- and Health Professions, and the Phila- derstand and meet society’s challenges. tors. They have endured the hardships delphia Housing Authority to address Under Dr. Seurkamp’s leadership, the that are common in rural communities the community’s health concerns. It college has also found new ways to and have not only survived but have began as a Center focused on health meet society’s needs. The Accelerated excelled. promotion and disease prevention, but College was founded to help working Hosmer has been a successful com- thanks to the tireless work of commu- women and men earn their under- munity for the past 125 years, and I am nity leaders and Dr. Patty Gerrity, it graduate degrees. Now known as the confident that it will continue to serve quickly evolved into a comprehensive, College of Adult Undergraduate Stud- as an example of South Dakota values nurse-managed, federally qualified ies, this division has continued to and traditions. I would like to offer my health center. adapt to the needs of working adults congratulations to the citizens of

VerDate Mar 15 2010 01:26 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.019 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1420 CONGRESSIONAL RECORD — SENATE March 6, 2012 Hosmer on this landmark occasion and ing, and each one of them is in the spir- S. 1710. An act to designate the United wish them continued prosperity in the it of service to his community. States courthouse located at 222 West 7th years to come.∑ Mike is a determined and selfless Avenue, Anchorage, Alaska, as the James M. Fitzgerald United States Courthouse. f community leader whose drive has helped provide our children a brighter The enrolled bill was subsequently TRIBUTE TO MIKE SHAW future and made Colorado a better signed by the President pro tempore ∑ Mr. UDALL of Colorado. Mr. Presi- place to live. I extend to him my con- (Mr. INOUYE). dent, today I want to recognize Mike gratulations for being honored as the f Shaw, an outstanding Coloradan and 2012 TIME Dealer of the Year, and I MEASURES REFERRED this year’s recipient of the prestigious look forward to his continued leader- TIME Dealer of the Year award. This ship throughout Colorado.∑ The following bills were read the first and the second times by unanimous award is given to outstanding new-car f dealers who have also performed com- consent, and referred as indicated: MESSAGES FROM THE HOUSE munity service and exhibited a com- H.R. 3413. An act to designate the facility mitment to improving the world. Mike ENROLLED BILL SIGNED of the United States Postal Service located is an exceptional business owner in At 10:04 a.m., a message from the at 1449 West Avenue in Bronx, New York, as the ‘‘Private Isaac T. Cortes Post Office’’; to Colorado, an active philanthropist, and House of Representatives, delivered by Mrs. Cole, one of its reading clerks, an- the Committee on Homeland Security and a role model in his community. I ap- Governmental Affairs. plaud Mike’s achievement and would nounced that the Speaker has signed H.R. 3637. An act to designate the facility like to take a few moments to share the following enrolled bill: of the United States Postal Service located his work with you. S. 1134. An act to authorize the St. Croix at 401 Old Dixie Highway in Jupiter, Florida, Mike has long been devoted to serv- River Crossing Project with appropriate as the ‘‘Roy Schallern Rood Post Office ing his community, a value that was mitigation measures to promote river val- Building’’; to the Committee on Homeland ues. instilled early in his life. He is a vet- Security and Governmental Affairs. eran of the U.S. Army, having served in The enrolled bill was subsequently f signed by the President pro tempore Vietnam, and as a member of the Sen- ENROLLED BILL PRESENTED ate Armed Services Committee, I want (Mr. INOUYE). The Secretary of the Senate reported to extend my gratitude for his service At 11:07 a.m., a message from the that on today, March 6, 2012, she had to our country. House of Representatives, delivered by presented to the President of the After returning home and entering Mrs. Cole, one of its reading clerks, an- United States the following enrolled the new-car business, Mike opened the nounced that the House has passed the bill: Mike Shaw Chevrolet Saab dealership following bills, in which it requests the in the heart of Denver. Today he is the S. 1134. An act to authorize the St. Croix concurrence of the Senate: River Crossing Project with appropriate owner of seven dealerships throughout H.R. 3413. An act to designate the facility mitigation measures to promote river val- Colorado, Louisiana, and Texas. Mike’s of the United States Postal Service at 1449 ues. entrepreneurial spirit serves as a per- West Avenue in Bronx, New York, as the f fect example of how small businesses ‘‘Private Isaac T. Cortes Post Office’’. take root and help drive our economy, H.R. 3637. An act to designate the facility EXECUTIVE AND OTHER creating jobs and taking care of their of the United States Postal Service located COMMUNICATIONS at 401 Old Dixie Highway in Jupiter, Florida, customers and communities. as the ‘‘Roy Schallern Rood Post Office The following communications were The auto industry has served as the Building’’. laid before the Senate, together with backbone of American manufacturing. The message further announced that accompanying papers, reports, and doc- When it was hit hard by the 2008 reces- the House has passed the following bill, uments, and were referred as indicated: sion and neared bankruptcy in 2009, without amendment: EC–5191. A communication from the Con- thousands of dealerships across the S. 1710. An act to designate the United gressional Review Coordinator, Animal and country were at risk of closing. I had States courthouse located at 222 West 7th Plant Health Inspection Service, Department the privilege of working with Mike to Avenue, Anchorage, Alaska, as the James M. of Agriculture, transmitting, pursuant to help give these important Colorado Fitzgerald United States Courthouse. law, the report of a rule entitled ‘‘Importa- businesses and the jobs they support a The message also announced that the tion of Wooden Handicrafts from China’’ second chance. He stood up to inform ((RIN0579–AC90) (Docket No. APHIS–2007– House has agreed to the following con- 0117)) received in the Office of the President Congress of the actual impacts of clos- current resolutions, without amend- of the Senate on March 2, 2012; to the Com- ing auto dealerships and helped pro- ment: mittee on Agriculture, Nutrition, and For- mote solutions to keep them in busi- S. Con. Res. 35. Concurrent resolution to estry. ness. He has been a steadfast leader in establish the Joint Congressional Committee EC–5192. A communication from the Man- Colorado, and we can all learn from his on Inaugural Ceremonies for the inaugura- ager of the BioPreferred Program, Office of principled approach. As Mike says, tion of the President-elect and Vice Presi- Procurement and Property Management, De- ‘‘My mantra in business is that quality dent-elect of the United States on January partment of Agriculture, transmitting, pur- comes first, customers are always the 21, 2013. suant to law, the report of a rule entitled S. Con. Res. 36. Concurrent resolution to ‘‘Designation of Biobased Items for Federal focus, and integrity is never com- authorize the use of the rotunda and Eman- Procurement’’ (RIN0503–AA39) received in promised.’’ cipation Hall of the Capitol by the Joint the Office of the President of the Senate on I also want to commend him for his Congressional Committee on Inaugural Cere- February 29, 2012; to the Committee on Agri- commitment to expanding education monies in connection with the proceedings culture, Nutrition, and Forestry. and opportunity for the youth in our and ceremonies conducted for the inaugura- EC–5193. A communication from the Direc- State. His reach has extended to count- tion of the President-elect and the Vice tor of Operational Test and Evaluation, Of- less organizations and boards on which President-elect of the United States. fice of the Secretary of Defense, transmit- he has served or contributed to in ting, pursuant to law, the Director of Oper- At 4:17 p.m., a message from the ational Test and Evaluation’s fiscal year 2011 other ways. The Denver Zoological House of Representatives, delivered by annual report; to the Committee on Armed Foundation, the Urban League of Den- Mrs. Cole, one of its reading clerks, an- Services. ver, Kempe Children’s Foundation, the nounced that the House has agreed to EC–5194. A communication from the Acting National Western Stock Show Associa- the following resolution: Under Secretary of Defense (Personnel and tion, and St. Joseph Hospital Founda- H. Res. 571. Resolution relative to the Readiness), transmitting the report of seven (7) officers authorized to wear the insignia of tion are just a few that have felt his death of the Honorable DONALD M. PAYNE, a impact. Representative from the State of New Jer- the grade of brigadier general in accordance His exceptional leadership in the sey. with title 10, United States Code, section 777; to the Committee on Armed Services. auto industry and involvement with ENROLLED BILL SIGNED EC–5195. A communication from the Acting these important community partners The message further announced that Under Secretary of Defense (Personnel and has earned Mike the Dealer of the Year the Speaker has signed the following Readiness), transmitting the report of an of- award. His achievements are far-reach- enrolled bill: ficer authorized to wear the insignia of the

VerDate Mar 15 2010 01:26 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.016 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1421 grade of brigadier general in accordance with the Committee on Commerce, Science, and EC–5213. A communication from the Acting title 10, United States Code, section 777; to Transportation. Director, Office of Sustainable Fisheries, De- the Committee on Armed Services. EC–5206. A communication from the Chief partment of Commerce, transmitting, pursu- EC–5196. A communication from the Chair- of Staff, Media Bureau, Federal Communica- ant to law, the report of a rule entitled man and President of the Export-Import tions Commission, transmitting, pursuant to ‘‘Fisheries of the Exclusive Economic Zone Bank, transmitting, pursuant to law, a re- law, the report of a rule entitled ‘‘Television Off Alaska; Pollock in Statistical Area 630 in port relative to transactions involving U.S. Broadcasting Services; Lincoln, Nebraska’’ the Gulf of Alaska’’ (RIN0648–XA954) received exports to the Kingdom of Morocco; to the (MB Docket No. 11–192; DA 12–91) received in in the Office of the President of the Senate Committee on Banking, Housing, and Urban the Office of the President of the Senate on on February 28, 2012; to the Committee on Affairs. February 16, 2012; to the Committee on Com- Commerce, Science, and Transportation. EC–5197. A communication from the Chief merce, Science, and Transportation. EC–5214. A communication from the Acting of the Publications and Regulations Branch, EC–5207. A communication from the Acting Director, Office of Sustainable Fisheries, De- Internal Revenue Service, Department of the Deputy Assistant Administrator for Regu- partment of Commerce, transmitting, pursu- Treasury, transmitting, pursuant to law, the latory Programs, National Marine Fisheries ant to law, the report of a rule entitled ‘‘At- report of a rule entitled ‘‘Extension of Time Service, Department of Commerce, transmit- lantic Highly Migratory Species; Atlantic to File Estate Tax Return to Elect Port- ting, pursuant to law, the report of a rule en- Bluefin Tuna Fisheries; General Category ability of a Spousal Unused Exclusion titled ‘‘Endangered and Threatened Wildlife Fishery’’ (RIN0648–XA948) received in the Of- Amount’’ (Notice 2012–21) received in the Of- and Plants; Threatened and Endangered Sta- fice of the President of the Senate on Feb- fice of the President of the Senate on Feb- tus for Distinct Population Segments of At- ruary 28, 2012; to the Committee on Com- ruary 29, 2012; to the Committee on Finance. lantic Sturgeon in the Northwest Region’’ merce, Science, and Transportation. EC–5198. A communication from the Chief (RIN0648–XJ00) received in the Office of the EC–5215. A communication from the Acting of the Publications and Regulations Branch, President of the Senate on February 16, 2012; Director, Office of Sustainable Fisheries, De- Internal Revenue Service, Department of the to the Committee on Commerce, Science, partment of Commerce, transmitting, pursu- Treasury, transmitting, pursuant to law, the and Transportation. ant to law, the report of a rule entitled report of a rule entitled ‘‘Applicable Federal EC–5208. A communication from the Acting ‘‘Fisheries of the Exclusive Economic Zone Rates—March 2012’’ (Rev. Rul. 2012–9) re- Deputy Assistant Administrator for Regu- Off Alaska; Pacific Cod by Catcher/Proc- ceived in the Office of the President of the latory Programs, National Marine Fisheries essors Using Pot Gear in the Bering Sea and Senate on February 29, 2012; to the Com- Service, Department of Commerce, transmit- Aleutian Islands Management Area’’ mittee on Finance. ting, pursuant to law, the report of a rule en- (RIN0648–XA955) received in the Office of the EC–5199. A communication from the Assist- titled ‘‘Endangered and Threatened Wildlife President of the Senate on February 28, 2012; ant Secretary, Bureau of Legislative Affairs, and Plants; Final Listing Determinations for to the Committee on Commerce, Science, Department of State, transmitting, pursuant Two Distinct Population Segments of Atlan- and Transportation. to law, a report relative to an amendment to tic Sturgeon (Acipenser oxyrinchus EC–5216. A communication from the Acting part 126 of the International Traffic in Arms oxyrinchus) in the Southeast’’ (RIN0648– Director, Office of Sustainable Fisheries, De- Regulations (ITAR); to the Committee on XN50) received in the Office of the President partment of Commerce, transmitting, pursu- Foreign Relations. of the Senate on February 16, 2012; to the ant to law, the report of a rule entitled EC–5200. A communication from the Assist- Committee on Commerce, Science, and ‘‘Fisheries of the Caribbean, Gulf of Mexico, ant Secretary, Employee Benefits Security Transportation. and South Atlantic; Coastal Migratory Pe- Administration, Department of Labor, trans- EC–5209. A communication from the Acting lagic Resources of the Gulf of Mexico and mitting, pursuant to law, the report of a rule Deputy Assistant Administrator for Regu- South Atlantic; Trip Limit Increase’’ entitled ‘‘Reasonable Contract or Arrange- latory Programs, National Marine Fisheries (RIN0648–XA974) received in the Office of the ment Under Section 408(b)(2)—Fee Disclo- Service, Department of Commerce, transmit- President of the Senate on February 15, 2012; sure’’ (RIN1210–AB08) received during ad- ting, pursuant to law, the report of a rule en- to the Committee on Commerce, Science, journment of the Senate in the Office of the titled ‘‘Taking and Importing Marine Mam- and Transportation. President of the Senate on February 3, 2012; mals; U.S. Navy’s Research, Development, EC–5217. A communication from the Acting to the Committee on Health, Education, Test and Evaluation Activities Within the Director, Office of Sustainable Fisheries, De- Labor, and Pensions. Naval Sea Systems Command Naval Under- partment of Commerce, transmitting, pursu- EC–5201. A communication from the Assist- sea Warfare Center Keyport Range Complex’’ ant to law, the report of a rule entitled ant Attorney General, Office of Legislative (RIN0648–AX11) received in the Office of the ‘‘Magnuson-Stevens Act Provisions; Fish- Affairs, Department of Justice, transmit- President of the Senate on March 1, 2012; to eries Off West Coast States; Pacific Coast ting, pursuant to law, a report entitled ‘‘Re- the Committee on Commerce, Science, and Groundfish Fishery; Pacific Whiting and port of the Attorney General to the Congress Transportation. Non-Whiting Allocations; Pacific Whiting of the United States on the Administration EC–5210. A communication from the Acting Seasons’’ (RIN0648–XA927) received during of the Foreign Agents Registration Act of Deputy Assistant Administrator for Regu- adjournment of the Senate in the Office of 1938, as amended for the six months ending latory Programs, National Marine Fisheries the President of the Senate on February 21, June 30, 2011’’; to the Committee on the Judi- Service, Department of Commerce, transmit- 2012; to the Committee on Commerce, ciary. ting, pursuant to law, the report of a rule en- Science, and Transportation. EC–5202. A communication from the Sec- titled ‘‘Atlantic Highly Migratory Species; EC–5218. A communication from the Acting retary of Transportation, transmitting, pur- 2012 Atlantic Shark Commercial Fishing Director, Office of Sustainable Fisheries, De- suant to law, a report entitled ‘‘U.S. Depart- Season’’ (RIN0648–BB36) received in the Of- partment of Commerce, transmitting, pursu- ment of Transportation’s 2011 Annual Report fice of the President of the Senate on Feb- ant to law, the report of a rule entitled to Congress and the National Transportation ruary 27, 2012; to the Committee on Com- ‘‘Fisheries of the Northeastern United Safety Board Responding to Issues on the merce, Science, and Transportation. States; Summer Flounder Fishery; Quota National Transportation Safety Board’s EC–5211. A communication from the Dep- Transfer’’ (RIN0648–XA946) received in the Most Wanted List’’; to the Committee on uty Assistant Administrator for Regulatory Office of the President of the Senate on Feb- Commerce, Science, and Transportation. Programs, National Marine Fisheries Serv- ruary 27, 2012; to the Committee on Com- EC–5203. A communication from the Acting ice, Department of Commerce, transmitting, merce, Science, and Transportation. Administrator of the Federal Aviation Ad- pursuant to law, the report of a rule entitled EC–5219. A communication from the Acting ministration, Department of Transportation, ‘‘Fisheries of the Exclusive Economic Zone Director, Office of Sustainable Fisheries, De- transmitting, pursuant to law, a report rel- Off Alaska; Pacific Cod Allocations in the partment of Commerce, transmitting, pursu- ative to the foreign aviation authorities to Gulf of Alaska; Amendment 83; Correction’’ ant to law, the report of a rule entitled which the Administration provided services (RIN0648–AY53) received during adjournment ‘‘Fisheries of the Exclusive Economic Zone during fiscal year 2011; to the Committee on of the Senate in the Office of the President Off Alaska; Pacific Cod by Catcher Vessels Commerce, Science, and Transportation. of the Senate on February 21, 2012; to the Greater Than or Equal To 60 Feet (18.3 Me- EC–5204. A communication from the Ad- Committee on Commerce, Science, and ters) Length Overall Using Pot Gear in the ministrator, National Highway Traffic Safe- Transportation. Bering Sea and Aleutian Islands Manage- ty Administration, Department of Transpor- EC–5212. A communication from the Acting ment Area’’ (RIN0648–XA947) received in the tation, transmitting, pursuant to law, a re- Director, Office of Sustainable Fisheries, De- Office of the President of the Senate on Feb- port relative to the National 911 Program; to partment of Commerce, transmitting, pursu- ruary 28, 2012; to the Committee on Com- the Committee on Commerce, Science, and ant to law, the report of a rule entitled merce, Science, and Transportation. Transportation. ‘‘Fisheries of the Caribbean, Gulf of Mexico, EC–5220. A communication from the Acting EC–5205. A communication from the Acting and South Atlantic; Coastal Migratory Pe- Director, Office of Sustainable Fisheries, De- Assistant Administrator for Fisheries, Na- lagic Resources of the Gulf of Mexico and partment of Commerce, transmitting, pursu- tional Oceanic and Atmospheric Administra- South Atlantic; Trip Limit Reduction’’ ant to law, the report of a rule entitled tion, Department of Commerce, transmit- (RIN0648–XA952) received in the Office of the ‘‘Fisheries of the Caribbean, Gulf of Mexico, ting, pursuant to law, a biennial report enti- President of the Senate on February 28, 2012; and South Atlantic; Coastal Migratory Pe- tled ‘‘Deep Sea Coral Research and Tech- to the Committee on Commerce, Science, lagic Resources of the Gulf of Mexico and nology Program 2012 Report to Congress’’; to and Transportation. South Atlantic’’ (RIN0648–XA944) received in

VerDate Mar 15 2010 03:06 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.013 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1422 CONGRESSIONAL RECORD — SENATE March 6, 2012 the Office of the President of the Senate on of Ohio, Mr. WHITEHOUSE, Mr. 394, a bill to amend the Sherman Act to February 28, 2012; to the Committee on Com- MERKLEY, Mr. BEGICH, Mr. FRANKEN, make oil-producing and exporting car- merce, Science, and Transportation. Mr. BLUMENTHAL, and Mr. AKAKA): tels illegal. EC–5221. A communication from the Acting S. 2162. A bill to provide for the redevelop- S. 687 Director, Office of Sustainable Fisheries, De- ment of abandoned and foreclosed-upon prop- partment of Commerce, transmitting, pursu- erties and for the stabilization of affected At the request of Mr. CONRAD, the ant to law, the report of a rule entitled neighborhoods, and for other purposes; to the name of the Senator from Idaho (Mr. ‘‘Fisheries of the Northeastern United Committee on Banking, Housing, and Urban RISCH) was added as a cosponsor of S. States; Spiny Dogfish Fishery; Commercial Affairs. 687, a bill to amend the Internal Rev- Period 2 Quota Harvested’’ (RIN0648–XA926) By Mr. CONRAD: enue Code of 1986 to permanently ex- received in the Office of the President of the S. 2163. A bill to amend title XVIII of the tend the 15-year recovery period for Senate on February 28, 2012; to the Com- Social Security Act to improve Medicare qualified leasehold improvement prop- mittee on Commerce, Science, and Transpor- benefits for individuals with kidney disease, erty, qualified restaurant property, and tation. and for other purposes; to the Committee on qualified retail improvement property. EC–5222. A communication from the Acting Finance. Director, Office of Sustainable Fisheries, De- By Ms. KLOBUCHAR (for herself and S. 1190 partment of Commerce, transmitting, pursu- Mr. FRANKEN): At the request of Mr. TESTER, the ant to law, the report of a rule entitled S. 2164. A bill to authorize the Secretary of name of the Senator from Maine (Ms. ‘‘Fisheries of the Exclusive Economic Zone the Army to carry out activities to manage COLLINS) was added as a cosponsor of S. Off Alaska; Pacific Cod by Non-American the threat of Asian carp traveling up the 1190, a bill to reduce disparities and im- Fisheries Act Crab Vessels Operating as Mississippi River in the State of Minnesota, prove access to effective and cost effi- Catcher/Processors Using Pot Gear in the and for other purposes; to the Committee on cient diagnosis and treatment of pros- Western Regulatory Area of the Gulf of Alas- Environment and Public Works. tate cancer through advances in test- ka’’ (RIN0648–XA956) received in the Office of By Mrs. BOXER (for herself, Mr. ISAK- ing, research, and education, including the President of the Senate on February 28, SON, and Ms. COLLINS): 2012; to the Committee on Commerce, S. 2165. A bill to enhance strategic coopera- through telehealth, comparative effec- Science, and Transportation. tion between the United States and Israel, tiveness research, and identification of f and for other purposes; to the Committee on best practices in patient education and Foreign Relations. outreach particularly with respect to PETITIONS AND MEMORIALS f underserved racial, ethnic and rural populations and men with a family his- The following petition or memorial SUBMISSION OF CONCURRENT AND tory of prostate cancer, to establish a was laid before the Senate and was re- SENATE RESOLUTIONS ferred or ordered to lie on the table as directive on what constitutes clinically indicated: The following concurrent resolutions appropriate prostate cancer imaging, and Senate resolutions were read, and POM–65. A petition transmitted by a pri- and to create a prostate cancer sci- vate citizen relative to pro-se prisoner liti- referred (or acted upon), as indicated: entific advisory board for the Office of gants; to the Committee on the Judiciary. By Mr. BAUCUS (for himself, Mrs. the Chief Scientist at the Food and MURRAY, Mr. REID, Mr. DURBIN, Mrs. f Drug Administration to accelerate FEINSTEIN, Mr. TESTER, Mr. ISAKSON, real-time sharing of the latest research INTRODUCTION OF BILLS AND and Mrs. BOXER): and accelerate movement of new medi- JOINT RESOLUTIONS S. Res. 389. A resolution designating the cines to patients. first week of April 2012 as ‘‘National Asbes- The following bills and joint resolu- tos Awareness Week’’; considered and agreed S. 1374 tions were introduced, read the first to. At the request of Mr. MENENDEZ, the and second times by unanimous con- f name of the Senator from Oregon (Mr. sent, and referred as indicated: MERKLEY) was added as a cosponsor of ADDITIONAL COSPONSORS By Mr. BEGICH: S. 1374, a bill to direct the Federal S. 2156. A bill to amend the Migratory Bird S. 227 Trade Commission to prescribe rules Hunting and Conservation Stamp Act to per- At the request of Ms. COLLINS, the prohibiting deceptive advertising of mit the Secretary of the Interior, in con- name of the Senator from Minnesota abortion services. sultation with the Migratory Bird Conserva- (Ms. KLOBUCHAR) was added as a co- S. 1591 tion Commission, to set prices for Federal sponsor of S. 227, a bill to amend title At the request of Mrs. GILLIBRAND, Migratory Bird Hunting and Conservation the name of the Senator from Colorado Stamps and make limited waivers of stamp XVIII of the Social Security Act to en- requirements for certain users; to the Com- sure more timely access to home (Mr. BENNET) was added as a cosponsor mittee on Environment and Public Works. health services for Medicare bene- of S. 1591, a bill to award a Congres- By Mr. NELSON of Florida (for himself ficiaries under the Medicare program. sional Gold Medal to Raoul and Mr. RUBIO): Wallenberg, in recognition of his S. 296 S. 2157. A bill to ensure that all of Brevard achievements and heroic actions dur- At the request of Ms. KLOBUCHAR, the County, Florida, is treated as a HUBZone, ing the Holocaust. name of the Senator from Vermont and for other purposes; to the Committee on S. 1872 Small Business and Entrepreneurship. (Mr. LEAHY) was added as a cosponsor At the request of Mr. CASEY, the By Mr. KOHL: of S. 296, a bill to amend the Federal name of the Senator from Mississippi S. 2158. A bill to establish the Fox-Wis- Food, Drug, and Cosmetic Act to pro- (Mr. WICKER) was added as a cosponsor consin Heritage Parkway National Heritage vide the Food and Drug Administration of S. 1872, a bill to amend the Internal Area, and for other purposes; to the Com- with improved capacity to prevent Revenue Code of 1986 to provide for the mittee on Energy and Natural Resources. drug shortages. By Mr. LEAHY (for himself and Mr. tax treatment of ABLE accounts estab- GRASSLEY): S. 381 lished under State programs for the S. 2159. A bill to extend the authorization At the request of Mr. TESTER, the care of family members with disabil- of the Drug-Free Communities Support Pro- name of the Senator from Kansas (Mr. ities, and for other purposes. gram through fiscal year 2017; to the Com- MORAN) was added as a cosponsor of S. S. 1942 mittee on the Judiciary. 381, a bill to amend the Arms Export At the request of Mr. KOHL, the name By Mr. MORAN (for himself and Mr. Control Act to provide that certain MANCHIN): of the Senator from Oregon (Mr. S. 2160. A bill to improve the examination firearms listed as curios or relics may MERKLEY) was added as a cosponsor of of depository institutions, and for other pur- be imported into the United States by S. 1942, a bill to amend title 49, United poses; to the Committee on Banking, Hous- a licensed importer without obtaining States Code, to improve transportation ing, and Urban Affairs. authorization from the Department of for seniors, and for other purposes. By Mr. MERKLEY: State or the Department of Defense, S. 1956 S. 2161. A bill to amend the Internal Rev- and for other purposes. enue Code of 1986 to extend and modify the At the request of Mr. THUNE, the S. 394 credit for certain plug-in vehicles; to the name of the Senator from Missouri Committee on Finance. At the request of Mr. KOHL, the name (Mrs. MCCASKILL) was added as a co- By Mr. REED (for himself, Mr. DURBIN, of the Senator from Pennsylvania (Mr. sponsor of S. 1956, a bill to prohibit op- Mr. SCHUMER, Mr. LEAHY, Mr. BROWN CASEY) was added as a cosponsor of S. erators of civil aircraft of the United

VerDate Mar 15 2010 02:24 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.015 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1423 States from participating in the Euro- posed to S. 1813, a bill to reauthorize country have the support and resources pean Union’s emissions trading Federal-aid highway and highway safe- needed to respond to serious drug prob- scheme, and for other purposes. ty construction programs, and for lems in a comprehensive and coordi- S. 1965 other purposes. nated manner. Drug Free Community, At the request of Mr. MORAN, the AMENDMENT NO. 1784 DFC, coalitions have been proven to name of the Senator from Missouri At the request of Mr. HARKIN, the significantly lower substance abuse (Mr. BLUNT) was added as a cosponsor names of the Senator from Arkansas rates in our communities nationwide. of S. 1965, a bill to jump-start economic (Mr. PRYOR) and the Senator from The DFC program encourages local recovery through the formation and Vermont (Mr. SANDERS) were added as citizens to become directly involved in growth of new businesses, and for other cosponsors of amendment No. 1784 in- solving their community’s drug issues purposes. tended to be proposed to S. 1813, a bill through grassroots organizing and S. 2066 to reauthorize Federal-aid highway and data-driven approaches. Since the pro- At the request of Ms. MURKOWSKI, the highway safety construction programs, gram’s inception, DFC grants, which name of the Senator from Wyoming and for other purposes. must be matched dollar for dollar, have (Mr. BARRASSO) was added as a cospon- f helped to fund nearly 2,000 coalitions and have mobilized nearly 9,000 com- sor of S. 2066, a bill to recognize the STATEMENTS ON INTRODUCED munity volunteers. Today’s legislation heritage of recreational fishing, hunt- BILLS AND JOINT RESOLUTIONS ing, and shooting on Federal public will reauthorize the DFC Program for land and ensure continued opportuni- By Mr. KOHL: an additional 5 years, at a reduced rate ties for those activities. S. 2158. A bill to establish the Fox- to reflect current fiscal realities. The Wisconsin Heritage Parkway National S. 2104 community coalition model has proven Heritage Area, and for other purposes; extremely effective and has achieved At the request of Mr. CARDIN, the to the Committee on Energy and Nat- name of the Senator from Alabama impressive outcomes. It is critical that ural Resources. today’s bill become law. (Mr. SESSIONS) was added as a cospon- Mr. KOHL. Mr. President. I wanted to sor of S. 2104, a bill to amend the Water The DFC Program strategically in- speak today regarding a bill I am intro- vests Federal anti-drug resources at Resources Research Act of 1984 to reau- ducing to establish the Fox-Wisconsin thorize grants for and require applied the community level with those who Heritage Parkway National Heritage have the most power to reduce the de- water supply research regarding the Area. The Fox-Wisconsin Heritage water resources research and tech- mand for drugs—parents, teachers, Parkway would cut diagonally across business leaders, local media, religious nology institutes established under Wisconsin through parts of 15 counties that Act. leaders, law enforcement, youth, and following the Fox River from Green others in the community. Grantees S. 2148 Bay to Portage and the Wisconsin execute collaborative strategies to ad- At the request of Mr. INHOFE, the River from Portage to the Mississippi dress their communities’ unique sub- name of the Senator from Arkansas River. This parkway marks the route stance use and abuse issues. This is the (Mr. BOOZMAN) was added as a cospon- taken in 1673 by explorers Father optimal way to ensure that the entire sor of S. 2148, a bill to amend the Toxic Jacques Marquette and Louis Joliet community benefits from prevention. I Substance Control Act relating to lead- through Wisconsin. have consistently supported funding based paint renovation and remodeling The Fox-Wisconsin Heritage Park- for these coalitions, and was pleased activities. way concept was created in 1991 by the that last year, eight Vermont coali- S. RES. 380 National Trust for Historic Preserva- tions were awarded Drug Free Commu- At the request of Mr. GRAHAM, the tion and the Wisconsin Department of nity grants totaling $946,852. names of the Senator from Florida (Mr. Commerce with the purpose of high- In Vermont, we have felt the pres- RUBIO), the Senator from Michigan lighting and enhancing the unique her- ence of drug abuse and drug-related (Ms. STABENOW), the Senator from Indi- itage of the State of Wisconsin. The crime in our communities, and pre- ana (Mr. LUGAR), the Senator from Vir- Fox and Wisconsin rivers that serve as scription drug abuse is on the rise. The ginia (Mr. WARNER), the Senator from the pathway of Wisconsin’s first ex- myth persists that drug abuse and Delaware (Mr. CARPER) and the Senator plorers will increase heritage and rec- drug-related crime are only big-city from Utah (Mr. LEE) were added as co- reational tourism to sites within the problems, but rural America is also sponsors of S. Res. 380, a resolution to 280 mile Parkway and create awareness coping with these issues. I have express the sense of the Senate regard- of this region’s contributions to United brought the Judiciary Committee to ing the importance of preventing the States history. Vermont several times to examine Government of Iran from acquiring nu- A National Heritage Area designa- these problems and gain perspectives clear weapons capability. tion would revitalize the Parkway as an economic, environmental and rec- to help shape solutions. One thing is AMENDMENT NO. 1540 clear. Law enforcement, while crucial, At the request of Mr. CASEY, the reational resource and ensure it for fu- ture generations. This project has the cannot solve the problem on its own. name of the Senator from Minnesota Reducing substance abuse requires a (Ms. KLOBUCHAR) was added as a co- strong support of local towns, cities, businesses and non-profits that are lo- comprehensive approach with equal at- sponsor of amendment No. 1540 in- tention to law enforcement, prevention tended to be proposed to S. 1813, a bill cated within this proposed parkway. I look forward to working with my col- and education, and treatment, all with to reauthorize Federal-aid highway and active community buy-in. highway safety construction programs, leagues in Congress on this National Heritage Area designation. We see significant results in the fight and for other purposes. against youth drug abuse when we have AMENDMENT NO. 1652 By Mr. LEAHY (for himself and people working together at the local, At the request of Mr. HARKIN, the Mr. GRASSLEY): State, and Federal levels, and in the name of the Senator from Arkansas S. 2159. A bill to extend the author- law enforcement, prevention, and (Mr. PRYOR) was added as a cosponsor ization of the Drug-Free Communities treatment fields. We have seen success of amendment No. 1652 intended to be Support Program through fiscal year driven by DFC coalitions in Vermont proposed to S. 1813, a bill to reauthor- 2017; to the Committee on the Judici- and throughout the country, but there ize Federal-aid highway and highway ary. is more work to be done. Drug abuse safety construction programs, and for Mr. LEAHY. Mr. President, today, I and drug-related crime is a persistent other purposes. am pleased to join with Senator GRASS- problem in major metropolitan areas AMENDMENT NO. 1774 LEY to introduce the Drug Free Com- and rural communities alike. I hope all At the request of Mr. PORTMAN, the munities Reauthorization Act of 2012, a Senators will support this bipartisan name of the Senator from Ohio (Mr. bill to reauthorize the successful Drug bill so that communities nationwide BROWN) was added as a cosponsor of Free Communities Program. It is cru- can sustain effective community coali- amendment No. 1774 intended to be pro- cial that communities around the tions to reduce youth drug use.

VerDate Mar 15 2010 02:24 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.019 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1424 CONGRESSIONAL RECORD — SENATE March 6, 2012 Mr. President, I ask unanimous con- munities. According to the Iowa Youth at the Federal level are tight and that sent that the text of the bill be printed Survey, current underage drinking and authorizations need to more closely re- in the RECORD. smoking, although still below the semble appropriations. Further, this There being no objection, the text of statewide average, has increased program is part of an ongoing review the bill was ordered to be printed in slightly between 2008 and 2010 in this conducted by the Government Ac- the RECORD, as follows: county. As a result, the Kossuth Con- countability Office (GAO) that I, along S. 2159 nections coalition has partnered with with Senator FEINSTEIN, requested to Be it enacted by the Senate and House of local businesses that sell alcohol and study the effectiveness of the program. Representatives of the United States of America tobacco to ensure compliance with This study will take some time to de- in Congress assembled, laws requiring age restrictions on sell- velop and should not hinder our efforts SECTION 1. EXTENSION OF THE DRUG-FREE COM- ing alcohol and tobacco products. to reauthorize the program, but should MUNITIES SUPPORT PROGRAM THROUGH FISCAL YEAR 2017. Youth from the county have surveyed also be taken into consideration once Section 1024(a) of the National Narcotics area stores, inspected advertisements the results are available. Leadership Act of 1988 (21 U.S.C. 1524(a)) is and product placements, and helped to We must remain vigilant and not re- amended by striking paragraph (9) and all determine whether or not the store dis- lent in our efforts to eradicate drug that follows and inserting the following: plays a ‘‘We ID’’ sticker at the counter. abuse. Drug abuse flourishes when the ‘‘(9) $90,000,000 for fiscal year 2006; These youth are committed to ensuring problem is ignored. If we are going to ‘‘(10) $99,000,000 for fiscal year 2007; local stores are in compliance with the make a better future for our children ‘‘(11) $109,000,000 for fiscal year 2008; law and are actively working to reduce and communities, we must face this ‘‘(12) $114,000,000 for fiscal year 2009; ‘‘(13) $119,000,000 for fiscal year 2010; underage drinking and smoking. menace together. ‘‘(14) $124,000,000 for fiscal year 2011; These coalitions are a small sam- ‘‘(15) $129,000,000 for fiscal year 2012; pling, but they represent the incredible By Mr. REED (for himself, Mr. ‘‘(16) $100,000,000 for fiscal year 2013; efforts that many are putting into con- DURBIN, Mr. SCHUMER, Mr. ‘‘(17) $100,000,000 for fiscal year 2014; trolling and reducing drug abuse in our LEAHY, Mr. BROWN of Ohio, Mr. ‘‘(18) $100,000,000 for fiscal year 2015; communities. Now is not the time to WHITEHOUSE, Mr. MERKLEY, Mr. ‘‘(19) $100,000,000 for fiscal year 2016; and abandon community drug prevention BEGICH, Mr. FRANKEN, Mr. ‘‘(20) $100,000,000 for fiscal year 2017.’’. efforts. BLUMENTHAL, and Mr. AKAKA): Mr. GRASSLEY. Mr. President, Unfortunately, recent trends indicate S. 2162. A bill to provide for the rede- throughout my years in Congress, I youth drug use nationally is on the rise velopment of abandoned and fore- have worked to keep drugs out of our and new synthetic drugs like K2/Spice closed-upon properties and for the sta- communities. We have all seen the de- and bath salts are gaining in popu- bilization of affected neighborhoods, structive impact drugs have on our larity. In fact, the latest Monitoring and for other purposes; to the Com- communities, and our families. For the Future Survey indicates that one mittee on Banking, Housing, and years, we have heard tragic stories of in nine high school seniors used syn- Urban Affairs. the lives impacted by drug abuse. thetic drugs like K2/Spice in the past Mr. REED. Mr. President, I introduce These problems plague our society and year. This is the first year this survey the Project Rebuild Act today, and I we must remain united in this struggle tested students on synthetic drug use. thank Senators DURBIN, SCHUMER, to end abuse and addiction. The high number of users in such a LEAHY, AKAKA, SHERROD BROWN, In 1997 I, along with then-Senator short time span illustrates how rapidly WHITEHOUSE, MERKLEY, BEGICH, BIDEN, sponsored legislation to create drug use can spread among certain pop- FRANKEN, and BLUMENTHAL for joining the Drug Free Communities, DFC, pro- ulations and communities. It is dis- me as original cosponsors of this bill. gram. I believed then—as I still do couraging to see these surveys and to Rhode Island, like America, is facing today—that one of the most effective read about more tragedies on a daily a foreclosure crisis. The bill we are in- ways to prevent drug abuse is by sup- basis. These negative trends will con- troducing offers an opportunity to ad- porting community antidrug coalitions tinue if they are not aggressively ad- dress this crisis—tackling foreclosures to identify, prevent and eradicate the dressed. and affordable rental housing at the sources of abuse at the grass roots. It is vital that communities are made same time. Since the enactment of the Drug Free aware of abuse trends and the new Building upon the successful, proven, Communities Act, thousands of com- drugs coming on the horizon. The ac- and bipartisan Neighborhood Stabiliza- munity antidrug coalitions have re- tions community antidrug coalitions tion Plan, NSP, which has helped put ceived Federal support to further their can take to stem the growing tide of Americans back to work stabilizing efforts to halt drug abuse in their com- rising drug abuse, like synthetic drug neighborhoods, the Project Rebuild Act munities. abuse, can and have made a real dif- could provide $43 million for Rhode Is- Coalitions, across the country and in ference. By holding town hall meet- land to help create jobs and overhaul my home State of Iowa, are confronted ings, launching school programs, and distressed neighborhoods and commer- with unique challenges, but they are confronting local businesses that mar- cial properties. leading their communities in finding ket or sell inappropriate products com- Nationwide, about $10 billion would ways to overcome them. For example, munity coalitions are making a real be directed to States and local govern- the Van Buren Safe Coalition in positive difference. ments through a formula modeled after Keosauqua, IA implemented com- Whether it is a synthetic drug out- NSP, and $5 billion would be distrib- prehensive community wide strategies break, a meth epidemic in a Mid- uted through new competitive grants. to address the growing marijuana prob- western town, or an increase in under- We are facing a challenging budget lem in their community. They con- age drinking, community antidrug coa- environment, but this is the right time ducted town hall meetings to raise litions will lead the way to unite their to make smart investments in awareness about the dangers of drug community against drug abuse. It is strengthening our communities, put- use; facilitated various community and vital in these tough times that these ting more construction workers back youth education opportunities; and coalitions continue to receive support to work, and bolstering the economy. partnered with local schools to ensure from their communities and from the This initiative will provide a flexible drug policies and codes of conduct were Federal Government. That is why I am source of funding to help local commu- in place. As a result, the Van Buren pleased to join my colleague, Senator nities leverage federal dollars to effec- County SAFE Coalition reduced mari- LEAHY, in introducing a bill to reau- tively address vacant and blighted juana use among 11th graders by one- thorize The Drug Free Communities properties. third in a 5-year time span according Support Program for an additional 5 In communities across Rhode Island to the Iowa Youth Survey. years. and the country, we have seen how the The Kossuth Connections coalition, This reauthorizing legislation recog- foreclosure crisis has affected not just which is headquartered in Algona, IA, nizes the good work local antidrug coa- those who have lost their homes, but is also taking action to fight underage litions have done over the years, but it also how it has impacted entire neigh- drinking and smoking within its com- also recognizes the fact that resources borhoods.

VerDate Mar 15 2010 03:06 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.020 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1425 I helped ensure that Rhode Island First, the legislation seeks to main- creased treatment options and might im- would receive additional NSP funding tain patient choice to retain their pri- prove their prognoses; to assist communities hit hardest by vate insurance options, even after they Whereas the United States has substan- the foreclosure crisis. Based on my vis- qualify for Medicare by virtue of their tially reduced its consumption of asbestos, yet continues to consume almost 1,100 met- its to many NSP sites in Rhode Island, disease state. Under current law, an in- ric tons of the fibrous mineral for use in cer- the State’s NSP allotment of $26 mil- dividual diagnosed with kidney failure, tain products throughout the United States; lion is making a difference in neighbor- or End Stage Renal Disease, ESRD, has Whereas asbestos-related diseases have hoods all over the State. This crucial the choice to maintain his/her current killed thousands of people in the United investment in Rhode Island has not group health plan or transition imme- States; only begun to help reverse the fallout diately to Medicare. The legislation in- Whereas exposure to asbestos continues, from foreclosures, but has also pro- troduced today would direct the Sec- but safety and prevention of asbestos expo- vided families with affordable rental retary to clarify that this long-stand- sure already has significantly reduced the in- cidence of asbestos-related diseases and can housing. ing requirement also applies to group But more needs to be done. According further reduce the incidence of such diseases; health plans established through Whereas asbestos has been a cause of occu- to the Department of Housing and Health Benefit Exchanges, as well as pational cancer; Urban Development, despite three more traditional plans. Whereas thousands of workers in the rounds of NSP funding, ‘‘there is Second, the legislation seeks to im- United States face significant asbestos expo- unaddressed high need in more than 76 prove access to preventive and edu- sure; percent of high need census tracts cational services by expanding access Whereas thousands of people in the United across the country.’’ According to the to coverage for kidney disease edu- States die from asbestos-related diseases Federal Reserve’s recent housing white every year; cation services. Whereas a significant percentage of all as- paper, the number of new homes that Finally, the legislation seeks to ad- will have completed the foreclosure bestos-related disease victims were exposed dress barriers to receiving this life-sus- to asbestos on naval ships and in shipyards; process could be as high as 1 million taining treatment, including transpor- Whereas asbestos was used in the construc- properties per year in 2012 and 2013. tation issues and factors that lead to tion of a significant number of office build- We need to act to gain traction in disparities among minority popu- ings and public facilities built before 1975; our housing market so that we can lations. It also calls on the Secretary Whereas people in the small community of firmly anchor a sustainable economic Libby, Montana suffer from asbestos-related to report on gaps in quality and care recovery that actually reaches and diseases, including mesothelioma, at a sig- management metrics to support ongo- touches all Americans. nificantly higher rate than people in the The Project Rebuild Act takes us in ing efforts to continue quality im- United States as a whole; and the right direction towards gaining provement in the Medicare ESRD pro- Whereas the establishment of a ‘‘National this needed traction by making impor- gram. Asbestos Awareness Week’’ will raise public awareness about the prevalence of asbestos- tant enhancements to NSP, such as I call on my colleagues to reaffirm the Congressional commitment to related diseases and the dangers of asbestos broadening eligible uses to include exposure: Now, therefore, be it commercial vacancies. Americans with ESRD by ensuring eq- uitable access to care for individuals Resolved, That the Senate— It would offer new grants for fixing (1) designates the first week of April 2012 up vacant commercial properties, com- with kidney disease, supporting re- as ‘‘National Asbestos Awareness Week’’; plementing the abilities of private de- search to improve access to high qual- (2) urges the Surgeon General to warn and velopers. ity kidney care, and improving access educate people about the public health issue It would also increase support for to preventive care for individuals with of asbestos exposure, which may be haz- ‘‘land banking.’’ Land banks work with ESRD. The Kidney Disease Equitable ardous to their health; and (3) respectfully requests that the Secretary communities to buy, hold, and rede- Access, Prevention, and Research Act is a comprehensive bill that improves of the Senate transmit a copy of this resolu- velop distressed properties as part of a tion to the Office of the Surgeon General. long-term redevelopment strategy. Our upon the Medicare ESRD program. I f bill would help more communities uti- urge my colleagues to join with me in lize successful land bank models and supporting this important legislation. AMENDMENTS SUBMITTED AND provide additional resources for Rhode f PROPOSED Island Housing’s Land Bank. SA 1800. Mrs. FEINSTEIN submitted an The U.S. Department of Housing and SUBMITTED RESOLUTIONS amendment intended to be proposed to Urban Development, HUD, estimates amendment SA 1761 proposed by Mr. REID to Project Rebuild could create over the bill S. 1813, to reauthorize Federal-aid 190,000 jobs and renovate 150,000 prop- SENATE RESOLUTION 389—DESIG- highway and highway safety construction erties nationwide. NATING THE FIRST WEEK OF programs, and for other purposes; which was Just as NSP was supported on a bi- APRIL 2012 AS ‘‘NATIONAL AS- ordered to lie on the table. BESTOS AWARENESS WEEK’’ SA 1801. Mr. HARKIN submitted an amend- partisan basis, I hope we can build bi- ment intended to be proposed to amendment partisan support for this effort to help Mr. BAUCUS (for himself, Mrs. MUR- SA 1761 proposed by Mr. REID to the bill S. revitalize neighborhoods, create jobs, RAY, Mr. REID of Nevada, Mr. DURBIN, 1813, supra; which was ordered to lie on the and accelerate economic growth. Mrs. FEINSTEIN, Mr. TESTER, Mr. ISAK- table. I urge my colleagues to join us in SON, and Mrs. BOXER) submitted the SA 1802. Mr. LEAHY submitted an amend- supporting this bill and other efforts to following resolution; which was consid- ment intended to be proposed to amendment address foreclosures and bolster our na- ered and agreed to: SA 1761 proposed by Mr. REID to the bill S. tion’s recovery. 1813, supra; which was ordered to lie on the S. RES. 389 table. By Mr. CONRAD: Whereas dangerous asbestos fibers are in- SA 1803. Mr. LEAHY submitted an amend- S. 2163. A bill to amend title XVIII of visible and cannot be smelled or tasted; ment intended to be proposed to amendment Whereas the inhalation of airborne asbes- the Social Security Act to improve SA 1761 proposed by Mr. REID to the bill S. tos fibers can cause significant damage; 1813, supra; which was ordered to lie on the Medicare benefits for individuals with Whereas asbestos fibers can cause cancer table. kidney disease, and for other purposes; such as mesothelioma, asbestosis, and other SA 1804. Mr. HARKIN submitted an amend- to the Committee on Finance. health problems; ment intended to be proposed by him to the Mr. CONRAD. Mr. President, I am in- Whereas asbestos-related diseases can take bill S. 1813, supra; which was ordered to lie troducing the Kidney Disease Equi- 10 to 50 years to present themselves; on the table. table Access, Prevention, and Research Whereas the expected survival time for SA 1805. Mr. ROBERTS submitted an Act. This legislation recognizes the im- those diagnosed with mesothelioma is be- amendment intended to be proposed to portance of patient choice, access to tween 6 and 24 months; amendment SA 1741 submitted by Mr. LEVIN Whereas, generally, little is known about (for himself and Mr. CONRAD) and intended to care, and educational efforts to assist late-stage treatment of asbestos-related dis- be proposed to the bill S. 1813, supra; which the more than 400,000 Americans with eases, and there is no cure for such diseases; was ordered to lie on the table. kidney failure to manage their disease Whereas early detection of asbestos-re- SA 1806. Mr. BARRASSO submitted an and understand the treatment options. lated diseases may give some patients in- amendment intended to be proposed to

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amendment SA 1776 submitted by Ms. CANT- On page 1323, between lines 13 and 14, insert shares) who would qualify under the defini- WELL and intended to be proposed to the bill the following: tion of the term ‘child’ under section 1204 S. 1813, supra; which was ordered to lie on (d) RELATIONSHIP TO OTHER LAWS.—Section but for age.’’; the table. 5107(g)(2) is amended by inserting ‘‘, or sec- (B) in subsection (b)— SA 1807. Mr. BROWN of Ohio (for himself tion 34007 of the Hazardous Materials Trans- (i) by striking ‘‘direct result of a cata- and Mr. MERKLEY) submitted an amendment portation Safety Improvement Act of 2012,’’ strophic’’ and inserting ‘‘direct and proxi- intended to be proposed to amendment SA after ‘‘section 5106’’. mate result of a personal’’; 1761 proposed by Mr. REID to the bill S. 1813, (ii) by striking ‘‘pay,’’ and all that follows supra; which was ordered to lie on the table. SA 1802. Mr. LEAHY submitted an through ‘‘the same’’ and inserting ‘‘pay the SA 1808. Mr. DURBIN (for Mr. LEAHY (for amendment intended to be proposed to same’’; himself and Mr. GRASSLEY)) proposed an amendment SA 1761 proposed by Mr. (iii) by striking ‘‘in any year’’ and insert- amendment to the bill S. 1886, to prevent REID to the bill S. 1813, to reauthorize ing ‘‘to the public safety officer (if living on trafficking in counterfeit drugs. Federal-aid highway and highway safe- the date on which the determination is f made)’’; ty construction programs, and for (iv) by striking ‘‘in such year, adjusted’’ TEXT OF AMENDMENTS other purposes; which was ordered to and inserting ‘‘with respect to the date on lie on the table; as follows: SA 1800. Mrs. FEINSTEIN submitted which the catastrophic injury occurred, as an amendment intended to be proposed At the appropriate place, insert the fol- adjusted’’; lowing: (v) by striking ‘‘, to such officer’’; to amendment SA 1761 proposed by Mr. TITLE lll—PUBLIC SAFETY OFFICERS (vi) by striking ‘‘the total’’ and all that REID to the bill S. 1813, to reauthorize AND VOLUNTEERS follows through ‘‘For’’ and inserting ‘‘for’’; Federal-aid highway and highway safe- and Subtitle A—Public Safety Officers Benefits ty construction programs, and for (vii) by striking ‘‘That these’’ and all that other purposes; which was ordered to SEC. ll21. SHORT TITLE. follows through the period, and inserting This subtitle may be cited as the ‘‘Dale lie on the table; as follows: ‘‘That the amount payable under this sub- Long Public Safety Officers’ Benefits Im- section shall be the amount payable as of the On page 1454, between lines 8 and 9, insert provements Act of 2012’’. date of catastrophic injury of such public the following: SEC. ll22. BENEFITS FOR CERTAIN NONPROFIT safety officer.’’; (c) AGENCY APPROVALS FOR POSITIVE TRAIN EMERGENCY MEDICAL SERVICE (C) in subsection (f)— CONTROL.— PROVIDERS AND CERTAIN TRAIN- (i) in paragraph (1), by striking ‘‘, as (1) COORDINATION.—The Secretary and the EES; MISCELLANEOUS AMEND- amended (D.C. Code, sec. 4–622); or’’ and in- Chairman shall coordinate to expedite ap- MENTS. serting a semicolon; provals of associated technology essential to (a) IN GENERAL.—Title I of the Omnibus (ii) in paragraph (2)— implementing a positive train control sys- Crime Control and Safe Streets Act of 1968 (I) by striking ‘‘. Such beneficiaries shall tem pursuant to section 20157(a) of title 49, (42 U.S.C. 3711 et seq.) is amended— only receive benefits under such section 8191 United States Code. (1) in section 901(a) (42 U.S.C. 3791(a))— that’’ and inserting ‘‘, such that bene- (2) APPROVAL PROCESS.— (A) in paragraph (26), by striking ‘‘and’’ at ficiaries shall receive only such benefits (A) IN GENERAL.—The Chairman shall give the end; under such section 8191 as’’; and priority to all actions essential to imple- (B) in paragraph (27), by striking the pe- (II) by striking the period at the end and menting the system described in paragraph riod at the end and inserting ‘‘; and’’; and inserting ‘‘; or’’; and (1). (C) by adding at the end the following: (iii) by adding at the end the following: (B) SPECTRUM APPLICATIONS.—The Chair- ‘‘(28) the term ‘hearing examiner’ includes ‘‘(3) payments under the September 11th man— any medical or claims examiner.’’; Victim Compensation Fund of 2001 (49 U.S.C. (i) shall approve or deny applications for (2) in section 1201 (42 U.S.C. 3796)— 40101 note; Public Law 107–42).’’; spectrum necessary to implement positive (A) in subsection (a), by striking ‘‘follows:’’ (D) by amending subsection (k) to read as train control not later than 180 days after and all that follows and inserting the fol- follows: the submission of a complete application, lowing: ‘‘follows (if the payee indicated is ‘‘(k) As determined by the Bureau, a heart living on the date on which the determina- unless additional time is sought by the appli- attack, stroke, or vascular rupture suffered tion is made)— cant; and by a public safety officer shall be presumed ‘‘(1) if there is no child who survived the (ii) in determining whether to grant an ap- to constitute a personal injury within the public safety officer, to the surviving spouse plication described in subparagraph (A), meaning of subsection (a), sustained in the shall consider the interests of public safety. of the public safety officer; line of duty by the officer and directly and (C) EXTENSION OF TIME FOR APPROVING OR ‘‘(2) if there is at least 1 child who survived proximately resulting in death, if— DENYING APPLICATIONS.—The Chairman may the public safety officer and a surviving ‘‘(1) the public safety officer, while on extend the time for approving or denying an spouse of the public safety officer, 50 percent duty— application under subparagraph (B)(i) for 1 to the surviving child (or children, in equal ‘‘(A) engages in a situation involving non- additional period of 180 days for good cause if shares) and 50 percent to the surviving routine stressful or strenuous physical law the Chairman provides to the applicant— spouse; enforcement, fire suppression, rescue, haz- (i) a statement of the grounds for the ex- ‘‘(3) if there is no surviving spouse of the ardous material response, emergency med- tension; and public safety officer, to the surviving child ical services, prison security, disaster relief, (ii) a target date for approving or denying (or children, in equal shares); or other emergency response activity; or the application. ‘‘(4) if there is no surviving spouse of the ‘‘(B) participates in a training exercise in- (3) SEMI-ANNUAL REPORT.—Not later than 90 public safety officer and no surviving child— volving nonroutine stressful or strenuous days after the date of enactment of this Act, ‘‘(A) to the surviving individual (or indi- physical activity; and every 6 months thereafter, the Secretary viduals, in shares per the designation, or, ‘‘(2) the heart attack, stroke, or vascular and the Chairman shall jointly submit a re- otherwise, in equal shares) designated by the rupture commences— port to the Committee on Commerce, public safety officer to receive benefits under ‘‘(A) while the officer is engaged or partici- Science, and Transportation of the Senate this subsection in the most recently exe- pating as described in paragraph (1); and the Committee on Transportation and cuted designation of beneficiary of the public ‘‘(B) while the officer remains on that duty Infrastructure of the House of Representa- safety officer on file at the time of death after being engaged or participating as de- tives that describes— with the public safety agency, organization, scribed in paragraph (1); or (A) the status of the applications described or unit; or ‘‘(C) not later than 24 hours after the offi- in paragraph (2)(B); ‘‘(B) if there is no individual qualifying cer is engaged or participating as described (B) any additional agency approvals or ac- under subparagraph (A), to the surviving in- in paragraph (1); and tions that may be necessary; and dividual (or individuals, in equal shares) des- ‘‘(3) the heart attack, stroke, or vascular (C) the additional agency resources that ignated by the public safety officer to re- rupture directly and proximately results in will be required to facilitate expeditious ap- ceive benefits under the most recently exe- the death of the public safety officer, provals and actions. cuted life insurance policy of the public safe- unless competent medical evidence estab- ty officer on file at the time of death with lishes that the heart attack, stroke, or vas- SA 1801. Mr. HARKIN submitted an the public safety agency, organization, or cular rupture was unrelated to the engage- amendment intended to be proposed to unit; ment or participation or was directly and amendment SA 1761 proposed by Mr. ‘‘(5) if there is no individual qualifying proximately caused by something other than under paragraph (1), (2), (3), or (4), to the sur- REID to the bill S. 1813, to reauthorize the mere presence of cardiovascular-disease viving parent (or parents, in equal shares) of Federal-aid highway and highway safe- risk factors.’’; and the public safety officer; or (E) by adding at the end the following: ty construction programs, and for ‘‘(6) if there is no individual qualifying ‘‘(n) The public safety agency, organiza- other purposes; which was ordered to under paragraph (1), (2), (3), (4), or (5), to the tion, or unit responsible for maintaining on lie on the table; as follows: surviving individual (or individuals, in equal file an executed designation of beneficiary or

VerDate Mar 15 2010 02:24 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.024 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1427 executed life insurance policy for purposes of sections (b) and (c) of section 1216 (42 U.S.C. the effective date specified in the regula- subsection (a)(4) shall maintain the confiden- 3796d–5), by striking ‘‘dependent’’ each place tions, except as the Bureau may indicate tiality of the designation or policy in the it appears and inserting ‘‘person’’; otherwise.’’. same manner as the agency, organization, or (8) in section 1212 (42 U.S.C. 3796d–1)— SEC. ll24. EFFECTIVE DATE. unit maintains personnel or other similar (A) in subsection (a)— (a) IN GENERAL.—Except as provided in records of the public safety officer.’’; (i) in paragraph (1), in the matter pre- subsection (b), the amendments made by this (3) in section 1202 (42 U.S.C. 3796a)— ceding subparagraph (A), by striking ‘‘Sub- subtitle shall— (A) by striking ‘‘death’’, each place it ap- ject’’ and all that follows through ‘‘, the’’ (1) take effect on the date of enactment of pears except the second place it appears, and and inserting ‘‘The’’; and this Act; and inserting ‘‘fatal’’; and (ii) in paragraph (3), by striking ‘‘reduced (2) apply to any matter pending, before the (B) in paragraph (1), by striking ‘‘or cata- by’’ and all that follows through ‘‘(B) the Bureau of Justice Assistance or otherwise, strophic injury’’ the second place it appears amount’’ and inserting ‘‘reduced by the on the date of enactment of this Act, or filed and inserting ‘‘, disability, or injury’’; amount’’; or accruing after that date. (4) in section 1203 (42 U.S.C. 3796a–1)— (B) in subsection (c)— (b) EXCEPTIONS.— (A) in the section heading, by striking (i) in the subsection heading, by striking (1) RESCUE SQUADS AND AMBULANCE ‘‘WHO HAVE DIED IN THE LINE OF DUTY’’ ‘‘DEPENDENT’’; and CREWS.—For a member of a rescue squad or and inserting ‘‘WHO HAVE SUSTAINED (ii) by striking ‘‘dependent’’; ambulance crew (as defined in section 1204(8) FATAL OR CATASTROPHIC INJURY IN THE (9) in section 1213(b)(2) (42 U.S.C. 3796d– of title I of the Omnibus Crime Control and LINE OF DUTY’’; and 2(b)(2)), by striking ‘‘dependent’s’’ each place Safe Streets Act of 1968, as amended by this (B) by striking ‘‘who have died in the line it appears and inserting ‘‘person’s’’; subtitle), the amendments made by this sub- of duty’’ and inserting ‘‘who have sustained (10) in section 1216 (42 U.S.C. 3796d–5)— title shall apply to injuries sustained on or fatal or catastrophic injury in the line of (A) in subsection (a), by striking ‘‘each de- after June 1, 2009. duty’’; pendent’’ each place it appears and inserting (2) HEART ATTACKS, STROKES, AND VASCULAR (5) in section 1204 (42 U.S.C. 3796b)— ‘‘a spouse or child’’; and RUPTURES.—Section 1201(k) of title I of the (A) in paragraph (1), by striking ‘‘con- (B) by striking ‘‘dependents’’ each place it Omnibus Crime Control and Safe Streets Act sequences of an injury that’’ and inserting appears and inserting ‘‘a person’’; and of 1968, as amended by this subtitle, shall ‘‘an injury, the direct and proximate con- (11) in section 1217(3)(A) (42 U.S.C. 3796d– apply to heart attacks, strokes, and vascular sequences of which’’; 6(3)(A)), by striking ‘‘described in’’ and all ruptures sustained on or after December 15, (B) in paragraph (3)— that follows and inserting ‘‘an institution of 2003. (i) in the matter preceding clause (i)— higher education, as defined in section 102 of Subtitle B—Liability Protection for Volunteer (I) by inserting ‘‘or permanently and to- the Higher Education Act of 1965 (20 U.S.C. Pilots That Fly for Public Benefit tally disabled’’ after ‘‘deceased’’; and 1002); and’’. SEC. ll41. SHORT TITLE. (II) by striking ‘‘death’’ and inserting (b) TECHNICAL AND CONFORMING AMEND- This subtitle may be cited as the ‘‘Volun- ‘‘fatal or catastrophic injury’’; and MENT.—Section 402(l)(4)(C) of the Internal teer Pilot Protection Act of 2012’’. (ii) by redesignating clauses (i), (ii), and Revenue Code of 1986 is amended— SEC. ll42. FINDINGS AND PURPOSE. (iii) as subparagraphs (A), (B), and (C), re- (1) by striking ‘‘section 1204(9)(A)’’ and in- (a) FINDINGS.—Congress finds the fol- spectively; serting ‘‘section 1204(10)(A)’’; and lowing: (C) in paragraph (5)— (2) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and (1) Many volunteer pilots fly for public (i) by striking ‘‘post-mortem’’ each place it inserting ‘‘42 U.S.C. 3796b(10)(A)’’. benefit and provide valuable services to com- appears and inserting ‘‘post-injury’’; SEC. ll23. AUTHORIZATION OF APPROPRIA- munities and individuals. (ii) by redesignating clauses (i) and (ii) as TIONS; DETERMINATIONS; APPEALS. (2) In 2006, volunteer pilots provided long- subparagraphs (A) and (B), respectively; and The matter under the heading ‘‘PUBLIC distance, no-cost transportation for more (iii) in subparagraph (B), as so redesig- SAFETY OFFICERS BENEFITS’’ under the head- than 58,000 people during times of special nated, by striking ‘‘death’’ and inserting ing ‘‘OFFICE OF JUSTICE PROGRAMS’’ under need. ‘‘fatal or catastrophic injury’’; title II of division B of the Consolidated Ap- (b) PURPOSE.—The purpose of this subtitle (D) in paragraph (7), by striking ‘‘public propriations Act, 2008 (Public Law 110–161; is to promote the activities of volunteer pi- employee member of a rescue squad or ambu- 121 Stat. 1912; 42 U.S.C. 3796c–2) is amended— lots who fly for public benefit and to sustain lance crew;’’ and inserting ‘‘employee or vol- (1) by striking ‘‘decisions’’ and inserting the availability of the services that such vol- unteer member of a rescue squad or ambu- ‘‘determinations’’; unteers provide, including the following: lance crew (including a ground or air ambu- (2) by striking ‘‘(including those, and any (1) Transportation at no cost to financially lance service) that— related matters, pending)’’; and needy medical patients for medical treat- ‘‘(A) is a public agency; or (3) by striking the period at the end and in- ment, evaluation, and diagnosis. ‘‘(B) is (or is a part of) a nonprofit entity serting the following: ‘‘: Provided further, (2) Flights for humanitarian and charitable serving the public that— That, on and after the date of enactment of purposes. ‘‘(i) is officially authorized or licensed to the Dale Long Public Safety Officers’ Bene- (3) Other flights of compassion. engage in rescue activity or to provide emer- fits Improvements Act of 2012, as to each SEC. ll43. LIABILITY PROTECTION FOR VOLUN- gency medical services; and such statute— TEER PILOTS THAT FLY FOR PUBLIC ‘‘(ii) is officially designated as a ‘‘(1) the provisions of section 1001(a)(4) of BENEFIT. prehospital emergency medical response such title I (42 U.S.C. 3793(a)(4)) shall apply; Section 4(a)(4) of the Volunteer Protection agency;’’; and ‘‘(2) payment shall be made only upon a de- Act of 1997 (42 U.S.C. 14503(a)(4)) is amended (E) in paragraph (9)— termination by the Bureau that the facts le- by striking ‘‘craft, or vessel’’ and all that (i) in subparagraph (A), by striking ‘‘as a gally warrant the payment; follows and inserting the following: ‘‘craft, chaplain, or as a member of a rescue squad ‘‘(3) any reference to section 1202 of such or vessel to possess an operator’s license or or ambulance crew;’’ and inserting ‘‘or as a title I shall be deemed to be a reference to maintain insurance, except that this para- chaplain;’’; paragraphs (2) and (3) of such section 1202; graph does not apply to a volunteer who— ‘‘ (ii) in subparagraph (B)(ii), by striking and ‘‘(A) was operating an aircraft in further- ‘‘or’’ after the semicolon; ‘‘(4) a certification submitted under any ance of the purpose of a volunteer pilot non- (iii) in subparagraph (C)(ii), by striking the such statute may be accepted by the Bureau profit organization that flies for public ben- period and inserting ‘‘; and’’; and as prima facie evidence of the facts asserted efit; and (iv) by adding at the end the following: in the certification: ‘‘(B) was properly licensed and insured for ‘‘(D) a member of a rescue squad or ambu- Provided further, That, on and after the date the operation of the aircraft.’’. lance crew who, as authorized or licensed by of enactment of the Dale Long Public Safety law and by the applicable agency or entity Officers’ Benefits Improvements Act of 2012, SA 1803. Mr. LEAHY submitted an (and as designated by such agency or entity), no appeal shall bring any final determina- amendment intended to be proposed to is engaging in rescue activity or in the provi- tion of the Bureau before any court for re- amendment SA 1761 proposed by Mr. sion of emergency medical services.’’; view unless notice of appeal is filed (within REID to the bill S. 1813, to reauthorize (6) in section 1205 (42 U.S.C. 3796c), by add- the time specified herein and in the manner Federal-aid highway and highway safe- ing at the end the following: prescribed for appeal to United States courts ty construction programs, and for ‘‘(d) Unless expressly provided otherwise, of appeals from United States district other purposes; which was ordered to any reference in this part to any provision of courts) not later than 90 days after the date lie on the table; as follows: law not in this part shall be understood to on which the Bureau serves notice of the constitute a general reference under the doc- final determination: Provided further, That At the appropriate place, insert the fol- trine of incorporation by reference, and thus any regulations promulgated by the Bureau lowing: to include any subsequent amendments to under such part (or any such statute) before, TITLE lll—PUBLIC SAFETY OFFICERS the provision.’’; on, or after the date of enactment of the SEC. ll01. SHORT TITLE. (7) in each of subsections (a) and (b) of sec- Dale Long Public Safety Officers’ Benefits This title may be cited as the ‘‘Dale Long tion 1212 (42 U.S.C. 3796d–1), sections 1213 and Improvements Act of 2012 shall apply to any Public Safety Officers’ Benefits Improve- 1214 (42 U.S.C. 3796d–2 and 3796d–3), and sub- matter pending on, or filed or accruing after, ments Act of 2012’’.

VerDate Mar 15 2010 02:24 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.029 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1428 CONGRESSIONAL RECORD — SENATE March 6, 2012 SEC. ll02. BENEFITS FOR CERTAIN NONPROFIT date of catastrophic injury of such public ‘‘an injury, the direct and proximate con- EMERGENCY MEDICAL SERVICE safety officer.’’; sequences of which’’; PROVIDERS AND CERTAIN TRAIN- (C) in subsection (f)— (B) in paragraph (3)— EES; MISCELLANEOUS AMEND- (i) in paragraph (1), by striking ‘‘, as (i) in the matter preceding clause (i)— MENTS. amended (D.C. Code, sec. 4–622); or’’ and in- (I) by inserting ‘‘or permanently and to- (a) IN GENERAL.—Title I of the Omnibus serting a semicolon; tally disabled’’ after ‘‘deceased’’; and Crime Control and Safe Streets Act of 1968 (ii) in paragraph (2)— (II) by striking ‘‘death’’ and inserting (42 U.S.C. 3711 et seq.) is amended— (I) by striking ‘‘. Such beneficiaries shall ‘‘fatal or catastrophic injury’’; and (1) in section 901(a) (42 U.S.C. 3791(a))— only receive benefits under such section 8191 (ii) by redesignating clauses (i), (ii), and (A) in paragraph (26), by striking ‘‘and’’ at that’’ and inserting ‘‘, such that bene- (iii) as subparagraphs (A), (B), and (C), re- the end; ficiaries shall receive only such benefits spectively; (B) in paragraph (27), by striking the pe- under such section 8191 as’’; and (C) in paragraph (5)— riod at the end and inserting ‘‘; and’’; and (II) by striking the period at the end and (i) by striking ‘‘post-mortem’’ each place it (C) by adding at the end the following: inserting ‘‘; or’’; and appears and inserting ‘‘post-injury’’; ‘‘(28) the term ‘hearing examiner’ includes (iii) by adding at the end the following: (ii) by redesignating clauses (i) and (ii) as any medical or claims examiner.’’; ‘‘(3) payments under the September 11th subparagraphs (A) and (B), respectively; and (iii) in subparagraph (B), as so redesig- (2) in section 1201 (42 U.S.C. 3796)— Victim Compensation Fund of 2001 (49 U.S.C. nated, by striking ‘‘death’’ and inserting (A) in subsection (a), by striking ‘‘follows:’’ 40101 note; Public Law 107–42).’’; ‘‘fatal or catastrophic injury’’; and all that follows and inserting the fol- (D) by amending subsection (k) to read as (D) in paragraph (7), by striking ‘‘public lowing: ‘‘follows (if the payee indicated is follows: employee member of a rescue squad or ambu- living on the date on which the determina- ‘‘(k) As determined by the Bureau, a heart lance crew;’’ and inserting ‘‘employee or vol- tion is made)— attack, stroke, or vascular rupture suffered unteer member of a rescue squad or ambu- ‘‘(1) if there is no child who survived the by a public safety officer shall be presumed lance crew (including a ground or air ambu- public safety officer, to the surviving spouse to constitute a personal injury within the meaning of subsection (a), sustained in the lance service) that— of the public safety officer; line of duty by the officer and directly and ‘‘(A) is a public agency; or ‘‘(2) if there is at least 1 child who survived proximately resulting in death, if— ‘‘(B) is (or is a part of) a nonprofit entity the public safety officer and a surviving ‘‘(1) the public safety officer, while on serving the public that— spouse of the public safety officer, 50 percent duty— ‘‘(i) is officially authorized or licensed to to the surviving child (or children, in equal ‘‘(A) engages in a situation involving non- engage in rescue activity or to provide emer- shares) and 50 percent to the surviving routine stressful or strenuous physical law gency medical services; and spouse; enforcement, fire suppression, rescue, haz- ‘‘(ii) is officially designated as a ‘‘(3) if there is no surviving spouse of the ardous material response, emergency med- prehospital emergency medical response public safety officer, to the surviving child ical services, prison security, disaster relief, agency;’’; and (or children, in equal shares); or other emergency response activity; or (E) in paragraph (9)— ‘‘(4) if there is no surviving spouse of the ‘‘(B) participates in a training exercise in- (i) in subparagraph (A), by striking ‘‘as a public safety officer and no surviving child— volving nonroutine stressful or strenuous chaplain, or as a member of a rescue squad ‘‘(A) to the surviving individual (or indi- physical activity; or ambulance crew;’’ and inserting ‘‘or as a viduals, in shares per the designation, or, ‘‘(2) the heart attack, stroke, or vascular chaplain;’’; otherwise, in equal shares) designated by the rupture commences— (ii) in subparagraph (B)(ii), by striking public safety officer to receive benefits under ‘‘(A) while the officer is engaged or partici- ‘‘or’’ after the semicolon; this subsection in the most recently exe- pating as described in paragraph (1); (iii) in subparagraph (C)(ii), by striking the cuted designation of beneficiary of the public ‘‘(B) while the officer remains on that duty period and inserting ‘‘; and’’; and safety officer on file at the time of death after being engaged or participating as de- (iv) by adding at the end the following: with the public safety agency, organization, scribed in paragraph (1); or ‘‘(D) a member of a rescue squad or ambu- or unit; or ‘‘(C) not later than 24 hours after the offi- lance crew who, as authorized or licensed by ‘‘(B) if there is no individual qualifying cer is engaged or participating as described law and by the applicable agency or entity under subparagraph (A), to the surviving in- in paragraph (1); and (and as designated by such agency or entity), dividual (or individuals, in equal shares) des- ‘‘(3) the heart attack, stroke, or vascular is engaging in rescue activity or in the provi- ignated by the public safety officer to re- rupture directly and proximately results in sion of emergency medical services.’’; ceive benefits under the most recently exe- the death of the public safety officer, (6) in section 1205 (42 U.S.C. 3796c), by add- cuted life insurance policy of the public safe- unless competent medical evidence estab- ing at the end the following: ty officer on file at the time of death with lishes that the heart attack, stroke, or vas- ‘‘(d) Unless expressly provided otherwise, the public safety agency, organization, or cular rupture was unrelated to the engage- any reference in this part to any provision of unit; ment or participation or was directly and law not in this part shall be understood to ‘‘(5) if there is no individual qualifying proximately caused by something other than constitute a general reference under the doc- under paragraph (1), (2), (3), or (4), to the sur- the mere presence of cardiovascular-disease trine of incorporation by reference, and thus viving parent (or parents, in equal shares) of risk factors.’’; and to include any subsequent amendments to the public safety officer; or (E) by adding at the end the following: the provision.’’; ‘‘(6) if there is no individual qualifying ‘‘(n) The public safety agency, organiza- (7) in each of subsections (a) and (b) of sec- under paragraph (1), (2), (3), (4), or (5), to the tion, or unit responsible for maintaining on tion 1212 (42 U.S.C. 3796d–1), sections 1213 and surviving individual (or individuals, in equal file an executed designation of beneficiary or 1214 (42 U.S.C. 3796d–2 and 3796d–3), and sub- shares) who would qualify under the defini- executed life insurance policy for purposes of sections (b) and (c) of section 1216 (42 U.S.C. tion of the term ‘child’ under section 1204 subsection (a)(4) shall maintain the confiden- 3796d–5), by striking ‘‘dependent’’ each place but for age.’’; tiality of the designation or policy in the it appears and inserting ‘‘person’’; (B) in subsection (b)— same manner as the agency, organization, or (8) in section 1212 (42 U.S.C. 3796d–1)— (i) by striking ‘‘direct result of a cata- unit maintains personnel or other similar (A) in subsection (a)— strophic’’ and inserting ‘‘direct and proxi- records of the public safety officer.’’; (i) in paragraph (1), in the matter pre- mate result of a personal’’; (3) in section 1202 (42 U.S.C. 3796a)— ceding subparagraph (A), by striking ‘‘Sub- (ii) by striking ‘‘pay,’’ and all that follows (A) by striking ‘‘death’’, each place it ap- ject’’ and all that follows through ‘‘, the’’ through ‘‘the same’’ and inserting ‘‘pay the pears except the second place it appears, and and inserting ‘‘The’’; and same’’; inserting ‘‘fatal’’; and (ii) in paragraph (3), by striking ‘‘reduced (iii) by striking ‘‘in any year’’ and insert- (B) in paragraph (1), by striking ‘‘or cata- by’’ and all that follows through ‘‘(B) the ing ‘‘to the public safety officer (if living on strophic injury’’ the second place it appears amount’’ and inserting ‘‘reduced by the the date on which the determination is and inserting ‘‘, disability, or injury’’; amount’’; made)’’; (4) in section 1203 (42 U.S.C. 3796a–1)— (B) in subsection (c)— (iv) by striking ‘‘in such year, adjusted’’ (A) in the section heading, by striking (i) in the subsection heading, by striking and inserting ‘‘with respect to the date on ‘‘WHO HAVE DIED IN THE LINE OF DUTY’’ ‘‘DEPENDENT’’; and which the catastrophic injury occurred, as and inserting ‘‘WHO HAVE SUSTAINED (ii) by striking ‘‘dependent’’; adjusted’’; FATAL OR CATASTROPHIC INJURY IN THE (9) in section 1213(b)(2) (42 U.S.C. 3796d– (v) by striking ‘‘, to such officer’’; LINE OF DUTY’’; and 2(b)(2)), by striking ‘‘dependent’s’’ each place (vi) by striking ‘‘the total’’ and all that (B) by striking ‘‘who have died in the line it appears and inserting ‘‘person’s’’; follows through ‘‘For’’ and inserting ‘‘for’’; of duty’’ and inserting ‘‘who have sustained (10) in section 1216 (42 U.S.C. 3796d–5)— and fatal or catastrophic injury in the line of (A) in subsection (a), by striking ‘‘each de- (vii) by striking ‘‘That these’’ and all that duty’’; pendent’’ each place it appears and inserting follows through the period, and inserting (5) in section 1204 (42 U.S.C. 3796b)— ‘‘a spouse or child’’; and ‘‘That the amount payable under this sub- (A) in paragraph (1), by striking ‘‘con- (B) by striking ‘‘dependents’’ each place it section shall be the amount payable as of the sequences of an injury that’’ and inserting appears and inserting ‘‘a person’’; and

VerDate Mar 15 2010 02:24 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.030 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1429 (11) in section 1217(3)(A) (42 U.S.C. 3796d– of 1968, as amended by this title, shall apply ‘‘(II) has, and is reasonably expected to 6(3)(A)), by striking ‘‘described in’’ and all to heart attacks, strokes, and vascular rup- continue to have, aggregate gross assets (in- that follows and inserting ‘‘an institution of tures sustained on or after December 15, 2003. cluding assets under management for inves- higher education, as defined in section 102 of tors, whether held directly or indirectly) of the Higher Education Act of 1965 (20 U.S.C. SA 1804. Mr. HARKIN submitted an less than $50,000,000, and 1002); and’’. amendment intended to be proposed by ‘‘(iii) the Secretary grants a waiver to such (b) TECHNICAL AND CONFORMING AMEND- him to the bill S. 1813, to reauthorize corporation under this subparagraph. MENT.—Section 402(l)(4)(C) of the Internal Federal-aid highway and highway safe- ‘‘(C) EXCEPTION FROM GROSS ASSETS TEST.— Revenue Code of 1986 is amended— ty construction programs, and for Subparagraph (A)(ii)(II) shall not apply to a (1) by striking ‘‘section 1204(9)(A)’’ and in- other purposes; which was ordered to corporation which is a controlled foreign serting ‘‘section 1204(10)(A)’’; and lie on the table; as follows: corporation (as defined in section 957) and (2) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and which is a member of an affiliated group (as inserting ‘‘42 U.S.C. 3796b(10)(A)’’. At the appropriate place in division D, in- defined section 1504, but determined without sert the following: SEC. ll03. AUTHORIZATION OF APPROPRIA- regard to section 1504(b)(3)) the common par- TIONS; DETERMINATIONS; APPEALS. SEC. ll. TERMINATION OF PROVISIONS. ent of which— Sections 4022(g) and 4044(e) of the Em- The matter under the heading ‘‘PUBLIC ‘‘(i) is a domestic corporation (determined ployee Retirement Income Security Act of SAFETY OFFICERS BENEFITS’’ under the head- without regard to this subsection), and 1974 (29 U.S.C. 1322(g) and 1344(e)), as added ing ‘‘OFFICE OF JUSTICE PROGRAMS’’ under ‘‘(ii) has substantial assets (other than by section 404 of the Pension Protection Act title II of division B of the Consolidated Ap- cash and cash equivalents and other than of 2006, are repealed as of October 1, 2011, and propriations Act, 2008 (Public Law 110–161; stock of foreign subsidiaries) held for use in shall not apply with respect to proceedings 121 Stat. 1912; 42 U.S.C. 3796c–2) is amended— the active conduct of a trade or business in initiated under title 11, United States Code, (1) by striking ‘‘decisions’’ and inserting the United States. or under any similar Federal law or law of a ‘‘determinations’’; ‘‘(3) MANAGEMENT AND CONTROL.— State or political subdivision, on or after ‘‘(A) IN GENERAL.—The Secretary shall pre- (2) by striking ‘‘(including those, and any such date. related matters, pending)’’; and scribe regulations for purposes of deter- (3) by striking the period at the end and in- SA 1805. Mr. ROBERTS submitted an mining cases in which the management and serting the following: ‘‘: Provided further, amendment intended to be proposed to control of a corporation is to be treated as occurring primarily within the United That, on and after the date of enactment of amendment SA 1741 proposed by Mr. the Dale Long Public Safety Officers’ Bene- States. fits Improvements Act of 2012, as to each LEVIN (for himself and Mr. CONRAD) and ‘‘(B) EXECUTIVE OFFICERS AND SENIOR MAN- such statute— intended to be proposed to the bill S. AGEMENT.—Such regulations shall provide ‘‘(1) the provisions of section 1001(a)(4) of 1813, to reauthorize Federal-aid high- that— such title I (42 U.S.C. 3793(a)(4)) shall apply; way and highway safety construction ‘‘(i) the management and control of a cor- ‘‘(2) payment shall be made only upon a de- programs, and for other purposes; poration shall be treated as occurring pri- termination by the Bureau that the facts le- which was ordered to lie on the table; marily within the United States if substan- gally warrant the payment; as follows: tially all of the executive officers and senior ‘‘(3) any reference to section 1202 of such management of the corporation who exercise Strike section 103 and insert the following: title I shall be deemed to be a reference to day-to-day responsibility for making deci- SEC. ll. TREATMENT OF FOREIGN CORPORA- sions involving strategic, financial, and paragraphs (2) and (3) of such section 1202; TIONS MANAGED AND CONTROLLED and IN THE UNITED STATES AS DOMES- operational policies of the corporation are ‘‘(4) a certification submitted under any TIC CORPORATIONS. located primarily within the United States, such statute may be accepted by the Bureau (a) IN GENERAL.—Section 7701 (relating to and as prima facie evidence of the facts asserted definitions) is amended by redesignating sub- ‘‘(ii) individuals who are not executive offi- in the certification: section (o) as subsection (p) and by inserting cers and senior management of the corpora- Provided further, That, on and after the date after subsection (n) the following new sub- tion (including individuals who are officers of enactment of the Dale Long Public Safety section: or employees of other corporations in the Officers’ Benefits Improvements Act of 2012, ‘‘(o) CERTAIN CORPORATIONS MANAGED AND same chain of corporations as the corpora- no appeal shall bring any final determina- CONTROLLED IN THE UNITED STATES TREATED tion) shall be treated as executive officers tion of the Bureau before any court for re- AS DOMESTIC FOR INCOME TAX.— and senior management if such individuals view unless notice of appeal is filed (within ‘‘(1) IN GENERAL.—Notwithstanding sub- exercise the day-to day responsibilities of the time specified herein and in the manner section (a)(4), in the case of a corporation de- the corporation described in clause (i). prescribed for appeal to United States courts scribed in paragraph (2) if— ‘‘(C) CORPORATIONS PRIMARILY HOLDING IN- of appeals from United States district ‘‘(A) the corporation would not otherwise VESTMENT ASSETS.—Such regulations shall courts) not later than 90 days after the date be treated as a domestic corporation for pur- also provide that the management and con- on which the Bureau serves notice of the poses of this title, but trol of a corporation shall be treated as oc- final determination: Provided further, That ‘‘(B) the management and control of the curring primarily within the United States any regulations promulgated by the Bureau corporation occurs, directly or indirectly, if— under such part (or any such statute) before, primarily within the United States, ‘‘(i) the assets of such corporation (directly on, or after the date of enactment of the then, solely for purposes of chapter 1 (and or indirectly) consist primarily of assets Dale Long Public Safety Officers’ Benefits any other provision of this title relating to being managed on behalf of investors, and Improvements Act of 2012 shall apply to any chapter 1), the corporation shall be treated ‘‘(ii) decisions about how to invest the as- matter pending on, or filed or accruing after, as a domestic corporation. sets are made in the United States.’’. the effective date specified in the regula- ‘‘(2) CORPORATION DESCRIBED.— (b) EFFECTIVE DATE.—The amendments tions, except as the Bureau may indicate ‘‘(A) IN GENERAL.—A corporation is de- made by this section shall apply to taxable otherwise.’’. scribed in this paragraph if— years beginning on or after the date which is SEC. ll04. EFFECTIVE DATE. ‘‘(i) section 7874(b) would apply to such cor- 2 years after the date of the enactment of (a) IN GENERAL.—Except as provided in poration but for the application of the date this Act. subsection (b), the amendments made by this in section 7874(a)(2)(B)(i) or the last sentence title shall— of section 7874(a)(2)(B), and SA 1806. Mr. BARRASSO submitted (1) take effect on the date of enactment of ‘‘(ii)(I) the stock of such corporation is reg- an amendment intended to be proposed this Act; and ularly traded on an established securities to amendment SA 1776 proposed by Ms. (2) apply to any matter pending, before the market, or CANTWELL and intended to be proposed Bureau of Justice Assistance or otherwise, ‘‘(II) the aggregate gross assets of such cor- to the bill S. 1813, to reauthorize Fed- on the date of enactment of this Act, or filed poration (or any predecessor thereof), includ- eral-aid highway and highway safety or accruing after that date. ing assets under management for investors, construction programs, and for other (b) EXCEPTIONS.— whether held directly or indirectly, at any (1) RESCUE SQUADS AND AMBULANCE time during the taxable year or any pre- purposes; which was ordered to lie on CREWS.—For a member of a rescue squad or ceding taxable year is $50,000,000 or more. the table; as follows: ambulance crew (as defined in section 1204(8) ‘‘(B) WAIVER FOR CERTAIN CORPORATIONS.— In lieu of the matter proposed to be in- of title I of the Omnibus Crime Control and A corporation shall not be treated as de- serted, insert the following: Safe Streets Act of 1968, as amended by this scribed in this paragraph if— SEC. 323ll. EXEMPTION FROM ELECTRONIC ON- title), the amendments made by this title ‘‘(i) such corporation was treated as a cor- BOARD RECORDING DEVICE RE- shall apply to injuries sustained on or after poration described in this paragraph in a pre- QUIREMENT. June 1, 2009. ceding taxable year, Section 31137(a)(1), as amended by section (2) HEART ATTACKS, STROKES, AND VASCULAR ‘‘(ii) such corporation— 32301(a)(3) of this Act, is further amended by RUPTURES.—Section 1201(k) of title I of the ‘‘(I) is not regularly traded on an estab- striking ‘‘a commercial motor vehicle’’ and Omnibus Crime Control and Safe Streets Act lished securities market, and inserting ‘‘any commercial motor vehicle

VerDate Mar 15 2010 02:24 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.030 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1430 CONGRESSIONAL RECORD — SENATE March 6, 2012 (except for vehicles owned and operated by funding for a project carried out within the ‘‘(ii) if a person other than an individual, an independent truck operator)’’. scope of the applicable finding, determina- be fined not more than $10,000,000. tion, or decision under the National Environ- ‘‘(B) MULTIPLE OFFENSES.—In the case of SA 1807. Mr. BROWN of Ohio (for mental Policy Act of 1969 (42 U.S.C. 4321 et an offense by a person under this paragraph himself and Mr. MERKLEY) submitted seq.), regardless of the funding source of such that occurs after that person is convicted of an amendment intended to be proposed contracts, if at least 1 contract for the another offense under this paragraph, the to amendment SA 1761 proposed by Mr. project is funded with amounts made avail- person convicted— able to carry out this title.’’. ‘‘(i) if an individual, shall be fined not REID to the bill S. 1813, to reauthorize (2) AMTRAK.—Section 24305(f) of title 49, more than $8,000,000, imprisoned not more Federal-aid highway and highway safe- United States Code, is amended by adding at than 20 years, or both; and ty construction programs, and for the end the following: ‘‘(ii) if other than an individual, shall be other purposes; which was ordered to ‘‘(5) The requirements under this sub- fined not more than $20,000,000.’’. lie on the table; as follows: section shall apply to all contracts eligible SEC. 3. SENTENCING COMMISSION DIRECTIVE. On page 888, line 18, strike ‘‘Section’’ and for Federal funding for a project carried out (a) DIRECTIVE TO SENTENCING COMMISSION.— insert the following: within the scope of the applicable finding, Pursuant to its authority under section (a) IN GENERAL.—Section determination, or decision under the Na- 994(p) of title 28, United States Code, and in Beginning on page 896, strike line 22 and tional Environmental Policy Act of 1969 (42 accordance with this section, the United all that follows through page 897, line 22, and U.S.C. 4321 et seq.), regardless of the funding States Sentencing Commission shall review insert the following: source of such contracts, if at least 1 con- and amend, if appropriate, its guidelines and tract for the project is funded with amounts ‘‘(3) BUY AMERICA WAIVER REQUIREMENTS.— its policy statements applicable to persons made available to carry out this chapter. ‘‘(A) NOTICE AND COMMENT OPPORTUNITIES.— convicted of an offense described in section ‘‘(6) If a project receives funding under this 2320(b)(2) of title 18, United States Code, as ‘‘(i) IN GENERAL.—If the Secretary receives chapter and under the Passenger Rail Invest- a request for a waiver under section 313(b) of amended by section 2, in order to reflect the ment and Improvement Act of 2008 (division title 23, United States Code, or under section intent of Congress that such penalties be in- B of Public Law 110–432), the Buy America creased in comparison to those currently 24305(f)(4) or 24405(a)(2) of title 49, United requirements set forth in the Passenger Rail provided by the guidelines and policy state- States Code, the Secretary shall provide no- Investment and Improvement Act of 2008 ments. tice of, and an opportunity for public com- shall apply to all contracts in the project (b) REQUIREMENTS.—In carrying out this ment on, the request not later than 15 days within the scope of the applicable finding, section, the Commission shall— before making a finding based on such re- determination, or decision under he National (1) ensure that the sentencing guidelines quest. Environmental Policy Act of 1969 (42 U.S.C. and policy statements reflect the intent of ‘‘(ii) NOTICE REQUIREMENTS.—Each notice 4321 et seq.)’’. Congress that the guidelines and policy provided under clause (i)— (3) CONSISTENCY WITH INTERNATIONAL statements reflect the serious nature of the ‘‘(I) shall include the information available AGREEMENTS.—The amendments made by offenses described in subsection (a) and the to the Secretary concerning the request, in- this subsection shall be applied in a manner need for an effective deterrent and appro- cluding the requestor’s justification for such that is consistent with United States obliga- priate punishment to prevent such offenses; request; and tions under relevant international agree- (2) consider the extent to which the guide- ‘‘(II) shall be provided electronically, in- ments. lines may or may not appropriately account cluding on the official public Internet (c) BUY AMERICA REPORTING.—Section 308 for the potential and actual harm to the pub- website of the Department. of title 49, United States Code, is amended by lic resulting from the offense; ‘‘(B) PUBLICATION OF DETAILED JUSTIFICA- inserting after subsection (c) the following: (3) assure reasonable consistency with TION.—If the Secretary issues a waiver pursu- ‘‘(d) Not later than February 1, 2013, and other relevant directives and with other sen- ant to the authority granted under a provi- annually thereafter, the Secretary shall sub- tencing guidelines; sion referenced in subparagraph (A)(i), the mit a report to Congress that— (4) account for any additional aggravating Secretary shall publish, in the Federal Reg- ‘‘(1) specifies each highway, public trans- or mitigating circumstances that might jus- ister, a detailed justification for the waiver portation, or railroad project for which the tify exceptions to the generally applicable that— Secretary issued a waiver from a Buy Amer- sentencing ranges; ‘‘(i) addresses the public comments re- ica requirement pursuant to the authority (5) make any necessary conforming ceived under subparagraph (A)(i); and granted under section 313(b) of title 23, changes to the sentencing guidelines; and ‘‘(ii) is published before the waiver takes United States Code, or under section (6) assure that the guidelines adequately effect. 24305(f)(4) or 24405(a)(2) of title 49, United meet the purposes of sentencing as set forth ‘‘(C) CONSISTENCY WITH INTERNATIONAL States Code, during the preceding calendar in section 3553(a)(2) of title 18, United States AGREEMENTS.—This paragraph shall be ap- year; Code. plied in a manner that is consistent with ‘‘(2) identifies the country of origin and f United States obligations under relevant product specifications for the steel, iron, or international agreements. manufactured goods acquired pursuant to AUTHORITY FOR COMMITTEES TO ‘‘(D) REVIEW OF NATIONWIDE WAIVERS.—Not each of the waivers specified under para- MEET later than 1 year after the date of the enact- graph (1); and COMMITTEE ON ARMED SERVICES ment of the Moving Ahead for Progress in ‘‘(3) summarizes the monetary value of the 21st Century Act, and at least once every contracts awarded pursuant to each such Mr. DURBIN. Mr. President, I ask 5 years thereafter, the Secretary shall review waiver.’’. unanimous consent that the Com- each standing nationwide waiver issued pur- mittee on Armed Services be author- suant to the authority granted under any of SA 1808. Mr. DURBIN (for Mr. LEAHY ized to meet during the session of the the provisions referenced in subparagraph (for himself and Mr. GRASSLEY)) pro- Senate on March 6, 2012, at 9:30 a.m. (A)(i) to determine whether continuing such posed an amendment to the bill S. 1886, The PRESIDING OFFICER. Without waiver is necessary. to prevent trafficking in counterfeit objection, it is so ordered. On page 900, between lines 9 and 10, insert drugs; as follows: COMMITTEE ON BANKING, HOUSING, AND URBAN the following: Strike all after the enacting clause and in- AFFAIRS ‘‘(10) APPLICATION TO TRANSIT PROGRAMS.— sert the following: Mr. DURBIN. Mr. President, I ask The requirements under this subsection shall SECTION 1. SHORT TITLE. unanimous consent that the Com- apply to all contracts eligible for Federal This Act may be cited as the ‘‘Counterfeit mittee on Banking, Housing, and funding for a project carried out within the Drug Penalty Enhancement Act of 2011’’. Urban Affairs be authorized to meet scope of the applicable finding, determina- SEC. 2. COUNTERFEIT DRUG PREVENTION. tion, or decision under the National Environ- Section 2320(b) of title 18, United States during the session of the Senate on mental Policy Act of 1969 (42 U.S.C. 4321 et Code, is amended— March 6, 2012, at 10 a.m., to conduct a seq.), regardless of the funding source of such (1) by redesignating paragraphs (2) and (3) committee hearing entitled ‘‘Spurring contracts, if at least 1 contract for the as paragraphs (3) and (4), respectively; and Job Growth Through Capital Forma- project is funded with amounts made avail- (2) by inserting after paragraph (1) the fol- tion While Protecting Investors, Part able to carry out this chapter. lowing: II.’’ On page 904, between lines 6 and 7, insert ‘‘(2) COUNTERFEIT DRUGS.— The PRESIDING OFFICER. Without the following: ‘‘(A) IN GENERAL.—Whoever commits an of- objection, it is so ordered. (b) BUY AMERICA PROVISIONS.— fense under subsection (a) with respect to a COMMITTEE ON ENERGY AND NATURAL (1) SURFACE TRANSPORTATION.—Section 313 drug (as defined in section 201 of the Federal RESOURCES of title 23, United States Code, is amended by Food, Drug, and Cosmetic Act (21 U.S.C. 321)) adding at the end the following: shall— Mr. DURBIN. Mr. President, I ask ‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.— ‘‘(i) if an individual, be fined not more than unanimous consent that the Com- The requirements under this section shall $4,000,000, imprisoned not more than 20 years, mittee on Energy and Natural Re- apply to all contracts eligible for Federal or both; and sources be authorized to meet during

VerDate Mar 15 2010 02:24 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.031 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 6, 2012 CONGRESSIONAL RECORD — SENATE S1431 the session of the Senate on March 6, The PRESIDING OFFICER. The (2) by inserting after paragraph (1) the fol- 2012, at 10 a.m., in room 366 of the Dirk- clerk will report the bill by title. lowing: sen Senate Office Building. The legislative clerk read as follows: ‘‘(2) COUNTERFEIT DRUGS.— ‘‘(A) IN GENERAL.—Whoever commits an of- The PRESIDING OFFICER. Without A bill (S. 1886) to prevent trafficking in objection, it is so ordered. fense under subsection (a) with respect to a counterfeit drugs. drug (as defined in section 201 of the Federal COMMITTEE ON FINANCE There being no objection, the Senate Food, Drug, and Cosmetic Act (21 U.S.C. 321)) Mr. DURBIN. Mr. President, I ask proceeded to consider the bill. shall— unanimous consent that the Com- Mr. LEAHY. Mr. President, I am ‘‘(i) if an individual, be fined not more than mittee on Finance be authorized to pleased that the Senate will act today $4,000,000, imprisoned not more than 20 years, meet during the session of the Senate to combat the increasing problem of or both; and on March 6, 2012, at 10 a.m., in room 215 counterfeit pharmaceuticals. I thank ‘‘(ii) if a person other than an individual, of the Dirksen Senate Office Building, be fined not more than $10,000,000. Senators GRASSLEY and BENNET, and ‘‘(B) MULTIPLE OFFENSES.—In the case of to conduct a hearing entitled ‘‘Tax Re- the other cosponsors, along with the an offense by a person under this paragraph form Options: Incentives for Capital In- bipartisan sponsors of the House com- that occurs after that person is convicted of vestment and Manufacturing.’’ panion bill. This is important legisla- another offense under this paragraph, the The PRESIDING OFFICER. Without tion to deter the influx of counterfeit person convicted— objection, it is so ordered. medication. The bill will not only sup- ‘‘(i) if an individual, shall be fined not COMMITTEE ON FOREIGN RELATIONS port the American economy and job more than $8,000,000, imprisoned not more Mr. DURBIN. Mr. President, I ask creation by protecting American intel- than 20 years, or both; and unanimous consent that the Com- ‘‘(ii) if other than an individual, shall be lectual property, but it will protect the fined not more than $20,000,000.’’. mittee on Foreign Relations be author- health and safety of American con- SEC. 3. SENTENCING COMMISSION DIRECTIVE. ized to meet during the session of the sumers. (a) DIRECTIVE TO SENTENCING COMMISSION.— Senate on March 6, 2012, at 2:30 p.m., to The illegal counterfeit pharma- Pursuant to its authority under section hold a hearing entitled, ‘‘International ceutical trade is a multi-billion dollar 994(p) of title 28, United States Code, and in Development Priorities in the FY 2013 criminal industry. The Alliance for accordance with this section, the United Budget.’’ Safe Online Pharmacies wrote in sup- States Sentencing Commission shall review The PRESIDING OFFICER. Without port of this legislation that ‘‘criminals and amend, if appropriate, its guidelines and objection, it is so ordered. its policy statements applicable to persons are drawn to counterfeit drugs because convicted of an offense described in section COMMITTEE ON HOMELAND SECURITY AND of the significantly higher profits in 2320(b)(2) of title 18, United States Code, as GOVERNMENTAL AFFAIRS comparison to the very low risks and amended by section 2, in order to reflect the Mr. DURBIN. Mr. President, I ask penalties.’’ intent of Congress that such penalties be in- unanimous consent that the Com- We cannot allow the counterfeiting creased in comparison to those currently mittee on Homeland Security and Gov- of life-saving medicine to be just one provided by the guidelines and policy state- ernmental Affairs be authorized to more low-risk venture from which ments. meet during the session of the Senate international organized criminals can (b) REQUIREMENTS.—In carrying out this section, the Commission shall— on March 6, 2012, at 10:30 a.m. profit. The Counterfeit Drug Penalty The PRESIDING OFFICER. With ob- (1) ensure that the sentencing guidelines Enhancement Act raises the maximum and policy statements reflect the intent of jection, it is so ordered. sentences for trafficking in counterfeit Congress that the guidelines and policy COMMITTEE ON HOMELAND SECURITY AND pharmaceutical products and requires statements reflect the serious nature of the GOVERNMENTAL AFFAIRS the United States Sentencing Commis- offenses described in subsection (a) and the Mr. DURBIN. Mr. President, I ask sion to consider amending its guide- need for an effective deterrent and appro- unanimous consent that the Com- lines to account for the harm to the priate punishment to prevent such offenses; mittee on Homeland Security and Gov- public and need for an effective deter- (2) consider the extent to which the guide- lines may or may not appropriately account ernmental Affairs be authorized to rent. meet during the session of the Senate for the potential and actual harm to the pub- We should not expect that enactment lic resulting from the offense; on March 6, 2012, at 2:30 p.m. of this or any legislation will com- (3) assure reasonable consistency with The PRESIDING OFFICER. Without pletely deter the serious problem of other relevant directives and with other sen- objection, it is so ordered. counterfeit medication entering the tencing guidelines; SELECT COMMITTEE ON INTELLIGENCE American supply chain, but it is an im- (4) account for any additional aggravating Mr. DURBIN. Mr. President, I ask portant step in the fight. or mitigating circumstances that might jus- unanimous consent that the Select Passage of this legislation today by tify exceptions to the generally applicable sentencing ranges; Committee on Intelligence be author- the Senate is also evidence that Con- ized to meet during the session of the (5) make any necessary conforming gress can work together in a bipartisan changes to the sentencing guidelines; and Senate on March 6, 2012, at 2:30 p.m. manner to protect American con- (6) assure that the guidelines adequately The PRESIDING OFFICER. Without sumers and promote American indus- meet the purposes of sentencing as set forth objection, it is so ordered. tries. I urge the House of Representa- in section 3553(a)(2) of title 18, United States SUBCOMMITTEE ON SCIENCE AND SPACE tives to act quickly on this legislation Code. Mr. DURBIN. Mr. President, I ask and send it to the President’s desk. The bill was ordered to be engrossed unanimous consent that the Sub- Mr. DURBIN. Mr. President, I ask for a third reading and was read the committee on Science and Space of the unanimous consent that the Leahy- third time. Committee on Commerce, Science, and Grassley substitute amendment at the The PRESIDING OFFICER. The Transportation be authorized to meet desk be agreed to; the bill, as amended, question is on passage of the bill. during the session of the Senate on be read a third time, and the Senate The bill (S. 1886), as amended, was March 6, 2012, at 2:45 p.m. in room 253 proceed to vote on the passage of the passed. of the Russell Senate Office Building. bill, as amended. Mr. DURBIN. I ask unanimous con- The Committee will hold a hearing The amendment (No. 1808) was agreed sent that the motion to reconsider be entitled, ‘‘Keeping America Competi- to, as follows: laid upon the table, with no inter- tive through Investments in R&D.’’ (Purpose: In the nature of a substitute) vening action or debate, and any state- The PRESIDING OFFICER. Without Strike all after the enacting clause and in- ments related to the bill be printed in objection, it is so ordered. sert the following: the RECORD. f SECTION 1. SHORT TITLE. The PRESIDING OFFICER. Without objection, it is so ordered. COUNTERFEIT DRUG PENALTY This Act may be cited as the ‘‘Counterfeit ENHANCEMENT ACT OF 2011 Drug Penalty Enhancement Act of 2011’’. f SEC. 2. COUNTERFEIT DRUG PREVENTION. Mr. DURBIN. I ask unanimous con- NATIONAL ASBESTOS AWARENESS Section 2320(b) of title 18, United States WEEK sent that the Senate proceed to the Code, is amended— consideration of Calendar No. 253, S. (1) by redesignating paragraphs (2) and (3) Mr. DURBIN. Mr. President, I ask 1886. as paragraphs (3) and (4), respectively; and unanimous consent that the Senate

VerDate Mar 15 2010 02:24 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.035 S06MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1432 CONGRESSIONAL RECORD — SENATE March 6, 2012 proceed to S. Res. 389 submitted earlier Whereas asbestos-related diseases have deemed expired, and the time for the today. killed thousands of people in the United two leaders be reserved for their use The PRESIDING OFFICER. The States; later in the day; that following any Whereas exposure to asbestos continues, leader remarks, the Senate proceed to clerk will report the resolution by but safety and prevention of asbestos expo- title. sure already has significantly reduced the in- a period of morning business for 1 hour, The legislative clerk read as follows: cidence of asbestos-related diseases and can with Senators permitted to speak for A resolution (S. Res. 389) designating the further reduce the incidence of such diseases; up to 10 minutes each, with the time first week of April 2012 as ‘‘National Asbes- Whereas asbestos has been a cause of occu- equally divided and controlled between tos Awareness Week.’’ pational cancer; the two leaders or their designees, with Whereas thousands of workers in the the Republicans controlling the first There being no objection, the Senate United States face significant asbestos expo- proceeded to consider the resolution. half and the majority controlling the sure; final half; that following morning busi- Mr. DURBIN. Mr. President, I ask Whereas thousands of people in the United unanimous consent that the resolution States die from asbestos-related diseases ness, the Senate resume consideration be agreed to, the preamble be agreed every year; of S. 1813, the surface transportation to, the motions to reconsider be laid Whereas a significant percentage of all as- bill; and that the Senate recess from 5 upon the table, with no intervening ac- bestos-related disease victims were exposed p.m. to 6 p.m to allow for a Senators- tion or debate, and any statements be to asbestos on naval ships and in shipyards; only briefing. Whereas asbestos was used in the construc- printed in the RECORD. The PRESIDING OFFICER. Without tion of a significant number of office build- objection, it is so ordered. The PRESIDING OFFICER. Without ings and public facilities built before 1975; objection, it is so ordered. Whereas people in the small community of f The resolution (S. Res. 389) was Libby, Montana suffer from asbestos-related PROGRAM agreed to. diseases, including mesothelioma, at a sig- The preamble was agreed to. nificantly higher rate than people in the Mr. DURBIN. Mr. President, we con- United States as a whole; and The resolution, with its preamble, tinue to work toward a path to fin- Whereas the establishment of a ‘‘National ishing the surface transportation bill. reads as follows: Asbestos Awareness Week’’ will raise public S. RES. 389 awareness about the prevalence of asbestos- f Whereas dangerous asbestos fibers are in- related diseases and the dangers of asbestos exposure: Now, therefore, be it ADJOURNMENT UNTIL 10 A.M. visible and cannot be smelled or tasted; TOMORROW Whereas the inhalation of airborne asbes- Resolved, That the Senate— tos fibers can cause significant damage; (1) designates the first week of April 2012 Mr. DURBIN. Mr. President, if there Whereas asbestos fibers can cause cancer as ‘‘National Asbestos Awareness Week’’; is no further business to come before such as mesothelioma, asbestosis, and other (2) urges the Surgeon General to warn and the Senate, I ask unanimous consent health problems; educate people about the public health issue of asbestos exposure, which may be haz- that it adjourn under the previous Whereas asbestos-related diseases can take order. 10 to 50 years to present themselves; ardous to their health; and Whereas the expected survival time for (3) respectfully requests that the Secretary There being no objection, the Senate, those diagnosed with mesothelioma is be- of the Senate transmit a copy of this resolu- at 6:58 p.m., adjourned until Wednes- tween 6 and 24 months; tion to the Office of the Surgeon General. day, March 7, 2012, at 10 a.m. Whereas, generally, little is known about f f late-stage treatment of asbestos-related dis- ORDERS FOR WEDNESDAY, MARCH eases, and there is no cure for such diseases; CONFIRMATIONS Whereas early detection of asbestos-re- 7, 2012 Executive nominations confirmed by lated diseases may give some patients in- Mr. DURBIN. Mr. President, I ask the Senate March 6, 2012: creased treatment options and might im- unanimous consent that when the Sen- prove their prognoses; ate completes its business today, it ad- THE JUDICIARY Whereas the United States has substan- journ until Wednesday, March 7, at 10 MARY ELIZABETH PHILLIPS, OF MISSOURI, TO BE tially reduced its consumption of asbestos, UNITED STATES DISTRICT JUDGE FOR THE WESTERN yet continues to consume almost 1,100 met- a.m.; that following the prayer and DISTRICT OF MISSOURI. pledge, the Journal of proceedings be THOMAS OWEN RICE, OF WASHINGTON, TO BE UNITED ric tons of the fibrous mineral for use in cer- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT tain products throughout the United States; approved to date, the morning hour be OF WASHINGTON.

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PERSONAL EXPLANATION with Gold Star, Meritorious Service Medal with One month after landing on France’s Utah Gold Star, Navy and Marine Corps Com- Beach on D-Day, a platoon carrying urgently HON. PETER J. VISCLOSKY mendation Medal, Navy and Marine Corps needed supplies and ammunition to front line OF INDIANA Achievement Medal, the Presidential Service troops was pinned down by heavy fire. Ser- IN THE HOUSE OF REPRESENTATIVES badge as well as numerous campaign medals geant Nowakowski quickly assumed command Tuesday, March 6, 2012 and unit awards. and, at risk of his own life, subjected himself These recognitions are a testament of Colo- to intense fire, reorganized the platoon, led it Mr. VISCLOSKY. Mr. Speaker, on March 5, nel Naylor’s strong leadership and unwavering forward and delivered the supplies and ammu- 2012, I was absent from the House and commitment to our country. nition to the troops. He then sent his men to missed rollcall vote 95. Had I been present for I offer Colonel Naylor my congratulations the battalion command post, returned to the rollcall 95, on the motion to suspend the rules and hope that he enjoys rewarding retirement wounded Soldiers and, despite the unrelenting and pass H.R. 3637, a measure to designate knowing that his years of service will not be fire, administered first aid to them and re- the facility of the United States Postal Service forgotten by those he led. mained with them until they were evacuated. located at 401 Old Dixie Highway in Jupiter, f His heroics saved the lives of three men. He Florida, as the ‘‘Roy Schallern Rood Post Of- risked his life to save his fellow soldiers and fice Building,’’ I would have voted ‘‘aye.’’ HONORING EDITH PITTENGER ON HER 100TH BIRTHDAY fight for the freedoms we all hold dear today. f Presenting him with his commendation is only RECOGNIZING THE OUTSTANDING HON. MIKE PENCE a small thank you to a man who has sacrificed SERVICE OF COLONEL MICHAEL so much for our Nation. OF INDIANA G. NAYLOR ON THE OCCASION OF IN THE HOUSE OF REPRESENTATIVES HIS RETIREMENT f Tuesday, March 6, 2012 CONGRATULATING THE BEL- HON. DARRELL E. ISSA Mr. PENCE. Mr. Speaker, I rise to honor LINGHAM KIWANIS CLUB ON ITS OF CALIFORNIA Edith Pittenger on the occasion of her 100th 90TH ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES birthday. Tuesday, March 6, 2012 Edith was born in Pendleton, Indiana, on February 24, 1912. She went on to attend Ball HON. RICK LARSEN Mr. ISSA. Mr. Speaker, I rise today to rec- State University in 1929, and later earned her OF WASHINGTON ognize the military service of Colonel Michael masters degree in 1961. Edith enjoyed a long IN THE HOUSE OF REPRESENTATIVES G. Naylor on the occasion of his retirement and satisfying career in teaching, having held Tuesday, March 6, 2012 from the United States Marine Corps. I com- positions in both Pendleton and Muncie. mend Colonel Naylor’s career and offer my Edith is blessed with excellent health and is Mr. LARSEN of Washington. Mr. Speaker, I sincerest thanks for his 30 years of dedicated still able to drive. She is also a long-time rise today to recognize and congratulate the service in protecting our nation. member of St. Paul’s United Methodist Kiwanis Club of Bellingham on its 90th anni- Beginning his military career in 1982, Colo- Church. She was married for 45 years and her versary. nel Naylor entered Officer Candidate School loving family includes three children and a The members of the Kiwanis Club of Bel- where he was commissioned a Second Lieu- stepson, 10 grandchildren, 22 great-grand- lingham are continuing in the club’s long serv- tenant and designated a Naval Aviator in Sep- children, four great-great-grandchildren and ice to Whatcom County by supporting the tember 1983. This was just the start to a long another on the way. community’s children. and commendable career in the United States As the Good Book says, ‘‘The elders [. . .] Kiwanis have long served children around Marine Corps. are worthy of double honor, especially those Colonel Naylor retires from his post as the the world by raising money, collecting food whose work is preaching and teaching.’’ And and clothes, and by working with children one- Deputy Commander of Marine Corps Installa- so today I honor Edith Pittenger for her life- tions West (MCIWEST), located at Marine on-one. In Bellingham, Kiwanis support local time of service and wish her the best in the children in dozens of ways that have a true Corps Base, Camp Pendleton. As Deputy years to come. Commander, Colonel Naylor helped oversee and meaningful impact in our community. f seven bases with stations occupying over You can find Kiwanis working with students 160,000 acres throughout California, Nevada, REPRESENTATIVE FARENTHOLD in classrooms across the county, raising and Arizona. Colonel Naylor’s hard work and PRESENTS TECHNICAL SER- money to help kids get computers and sports dedication aided Corps in providing contin- GEANT ARTHUR NOWAKOWSKI equipment, and working to beautify the com- uous, uninterrupted service support, in a time WITH SILVER STAR COMMENDA- munity. of war, to Marines and Sailors of the First Ma- TION The Kiwanis’ work to support kids diag- rine Expeditionary Force (I MEF). nosed with cancer is especially inspiring. As a As a Naval Aviator he has accumulated HON. BLAKE FARENTHOLD father of two sons, I know how important com- munity support is to developing happy and over 4900 total flight hours in various rotary OF TEXAS healthy kids. wing, tilt-rotor, and fixed wing aircraft to in- IN THE HOUSE OF REPRESENTATIVES clude the first two operational tests of the V– The Kiwanis’ work helps families today and 22. He was also tasked with flying the Presi- Tuesday, March 6, 2012 will pay dividends to our community for many dent, Vice President, and dignitaries while as- Mr. FARENTHOLD. Mr. Speaker, I had the generations to come. Their service projects signed to Marine One (HMX–1). Colonel tremendous honor of awarding Sergeant Ar- strengthen the community one kid at a time by Naylor commanded the Marine Medium Heli- thur Nowakowski his Silver Star Commenda- giving children healthy food and opportunities copter Training Squadron 164 (HMMT–164) tion in his hometown of San Benito, Texas. to succeed in school and sports. Bellingham where his leadership and commitment pro- This moment was over 60 years in the mak- and Whatcom County are better today for the vided well trained, organized, and combat ing, as Sergeant Nowakowski was originally 90 years of great service the Kiwanis have ready expeditionary aviation forces capable of awarded the Silver Star for his gallantry in ac- given. short notice world wide deployment to Marine tion on July 5th, 1944 in France. Mr. Speaker, I ask my colleagues to join Air Ground Task Force (MAGTF), fleet and A WWII veteran, Sergeant Nowakowski vol- with me in congratulating the Kiwanis Club of unified commanders. untarily enlisted in the United States Army Bellingham on its 90th anniversary and in rec- His personal decorations include the De- when he was eighteen years old, joining the ognizing their significant service to children fense Superior Service Medal, Legion of Merit 90th Infantry Division. and families in Whatcom County.

∑ 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 04:04 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K06MR8.001 E06MRPT1 jbell on DSK7SPTVN1PROD with REMARKS E318 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2012 HONORING THE GADSDEN ELE- HONORING MATTHEW R. COOK In 1980, he became the Director of the MENTARY SCHOOL DISTRICT Penn Community Center on St. Helena Island. MARCHING BAND, THE PRIDE OF HON. SAM GRAVES This historic facility began as a school in the SAN LUIS OF MISSOURI 1800s to educate freed slaves. It became a meeting place during the civil rights movement IN THE HOUSE OF REPRESENTATIVES of the 1960s. As a student organizer at South HON. RAU´ L M. GRIJALVA Tuesday, March 6, 2012 Carolina State College, I attended meetings at Mr. GRAVES of Missouri. Mr. Speaker, I Penn Center and subsequently served as a OF ARIZONA proudly pause to recognize Matthew R. Cook. member of its Board of Trustees. Dr. Martin IN THE HOUSE OF REPRESENTATIVES Matthew is a very special young man who has Luther King retreated there to plan protest exemplified the finest qualities of citizenship strategies. Today, the center serves to protect Tuesday, March 6, 2012 and leadership by taking an active part in the and preserve the heritage of the island and its Boy Scouts of America, Troop 180, and earn- Gullah culture. Dr. Campbell was synonymous Mr. GRIJALVA. Mr. Speaker, I rise today to with these efforts, and he became a sought honor the Gadsden Elementary School District ing the most prestigious award of Eagle Scout. Matthew has been very active with his after expert on all things Gullah. #32 Marching Band for their accomplishments troop, participating in many scout activities. Most notably during his 22 years at the as a student band and as representatives of Over the many years Matthew has been in- helm of Penn Center, Dr. Campbell led an ef- the city of San Luis. volved with scouting, he has not only earned fort to reconnect the Gullah community to its Gadsden Elementary School is in the San numerous merit badges, but also the respect family roots in Sierra Leone, West Africa. This initiative resulted in Sierra Leone’s President Luis, a city located in the Southwest corner of of his family, peers, and community. Most no- Joseph Momoh visiting Penn Center in 1988, tably, Matthew has contributed to his commu- the State of Arizona on the border of San Luis and the following year Dr. Campbell was given nity through his Eagle Scout project. Rio Colorado, Mexico. The school’s marching the title of Honorary Paramount Chief when he Mr. Speaker, I proudly ask you to join me in band, the Pride of San Luis, is composed of took a group from the Gullah community to Si- commending Matthew R. Cook for his accom- 180 talented students and 15 dancers in erra Leone for a reunion with their ancestral plishments with the Boy Scouts of America grades 4–8. Director J Martin Peralta, Jr. and families. In 1990, South Carolina Educational and for his efforts put forth in achieving the Television produced a documentary Family Music Coordinator Martin Peralta, Sr. have led highest distinction of Eagle Scout. this group of young men and women to count- Across the Sea, which chronicles these f less victories, including first place awards in events. Dr. Campbell has sought to preserve the the Lake Havasu, Parada Del Sol Parade in TRIBUTE TO EMORY CAMPBELL heritage of his native culture through his book Scottsdale, Arizona, the APS Phoenix Light Gullah Cultural Legacies that includes Gullah Parade, as well as in the local Somerton HON. JAMES E. CLYBURN traditions, beliefs, art and language. He also Founder’s Day Parade and the Yuma Lights OF SOUTH CAROLINA helped in the effort to translate the New Testa- Parade and most recently have been invited to IN THE HOUSE OF REPRESENTATIVES ment of the Bible into Gullah, which I used the London Days Bridge Parade. Luis Tuesday, March 6, 2012 when I was sworn in as House Majority Whip Marquez, Board President, said that ‘‘Listening in 2007. When Dr. Campbell retired from Penn Mr. CLYBURN. Mr. Speaker, I rise today to to the marching band is like listening to an Center in 2002, he began Gullah Heritage pay tribute to a remarkable man who has dis- Consulting Services to continue his lifelong amazing group of professionals: they have the tinguished himself as a great South Carolinian enthusiasm, character, and talent they need to work and he manages the Gullah Heritage and an outstanding scholar and advocate of Trail Tours on Hilton Head Island. keep making a great job everywhere they go.’’ the Gullah/Geechee culture. He has dedicated In 2005, Dr. Campbell received the Carter The Pride of San Luis is comprised of more his life to preserving the culture and the com- F. Woodson Memorial Award from the Na- than just talented musicians; they are exem- munity he loves, and has just ended his ten- tional Education Association for his efforts to plary scholars. Raymond V. Aguilera, Super- ure as the first Chairman of the Gullah- preserve the Gullah heritage and communities intendent of Schools, said that ‘‘[m]any of the Geechee Cultural Heritage Corridor Commis- and to improve the quality of life for the Gullah band members go on to receive college credit sion. I commend him for his outstanding work people. and thank him for his long-time friendship. We during High School, take the ACT test and In 2008, I succeeded in getting the Gullah- could not have had a better person to get this Geechee Cultural Heritage Corridor enacted qualify for the Johns Hopkins Center for Tal- Commission off on the right foot. into law. The legislation included the estab- ented Youth Program. The band’s alumni have Emory Shaw Campbell was born on Octo- lished of a Commission to manage the cor- attended or will attend university programs ber 11, 1941, on Hilton Head Island, South ridor, and Dr. Campbell was fittingly chosen to throughout the country’’. This group of hard Carolina, which was at the time was an iso- Chair the inaugural Commission. working young people brings hope and pride lated Sea Island inhabited by the descendents Dr. Campbell lives on Hilton Head Island to local residents. As William and Ellen Kiley of former slaves, not the high-end resort it has with his wife, Emma. They have two adult chil- stated: ‘‘For those who worry about the future become today. He was the sixth of 12 children dren. of our country, you have only to look at these born to Sarah and Reginald Campbell. Mr. Speaker, I ask you and our colleagues young people to feel reassured that all will be While he attended elementary school on Hil- to join me in thanking Dr. Emory Campbell for well’’. ton Head Island, he had to travel by boat to his dedication to preserving, protecting and attend high school at Michael C. Riley High promoting the Gullah culture that is unique to The parents, teachers, and citizens of San School in the mainland town of Bluffton. He the Sea Islands of the American South. He Luis cannot be more proud of their hometown graduated as valedictorian of his class in has made remarkable contributions throughout marching band. Juan Carlos Escamilla, Mayor 1960. He went on to earn his bachelor’s de- his career to bring recognition and support to of the City of San Luis, declared: ‘‘It is truly an gree in biology from Savannah State College, Gullah communities, and he is one of their honor. I’m so very proud of every single one and a master’s in environmental engineering most distinguished members. His work has of our kids. I’m so proud as a parent. I know from Tufts University in Boston, Massachu- helped to save an entire culture that was rap- they have a very strong goal. If any organiza- setts. idly disappearing due to encroachment and tion could do it—it’s this group. They will make Following his academic training, Dr. Camp- assimilation, and that is a tremendous legacy it happen.’’ Music Coordinator Martin Peralta bell returned home to his beloved Sea Islands. for any one individual. Sr. articulated it best: ‘‘Esta generaco´n de He served for ten years as the Director of f estudiantes van a hacer historia y la Community Service Education at the Beaufort- HONORING KYLE A. DETERS experiencia que van a hacer historia ya que Jasper Comprehensive Health Services in movera´ al mundo con su mu´sica donde cada Ridgeland, South Carolina. This community health center provided quality, affordable HON. SAM GRAVES uno de los ciudadanos del paı´s se van a sentir OF MISSOURI health care to the underserved populations of orgullosos de ellos’’. IN THE HOUSE OF REPRESENTATIVES the Sea Islands in the southernmost corner of Mr. Speaker, please join me in honoring the State. He also worked to protect Gullah Tuesday, March 6, 2012 these bright young student musicians and the communities that were threatened by the en- Mr. GRAVES of Missouri. Mr. Speaker, I adults that empower them to succeed. croachment of resort development in the area. proudly pause to recognize Kyle A. Deters.

VerDate Mar 15 2010 04:04 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K06MR8.006 E06MRPT1 jbell on DSK7SPTVN1PROD with REMARKS March 6, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E319 Kyle is a very special young man who has ex- HONORING THE MODESTO CHAM- many years Evan has been involved with emplified the finest qualities of citizenship and BER OF COMMERCE ON 100 scouting, he has not only earned numerous leadership by taking an active part in the Boy YEARS OF BUSINESS LEADER- merit badges, but also the respect of his fam- Scouts of America, Troop 180, and earning SHIP ily, peers, and community. Most notably, Evan the most prestigious award of Eagle Scout. has contributed to his community through his Kyle has been very active with his troop, HON. JEFF DENHAM Eagle Scout project. participating in many scout activities. Over the OF CALIFORNIA Mr. Speaker, I proudly ask you to join me in many years Kyle has been involved with IN THE HOUSE OF REPRESENTATIVES commending Evan Jonathan Linard for his ac- scouting, he has not only earned numerous Tuesday, March 6, 2012 complishments with the Boy Scouts of Amer- merit badges, but also the respect of his fam- ica and for his efforts put forth in achieving the ily, peers, and community. Most notably, Kyle Mr. DENHAM. Mr. Speaker, I rise today to highest distinction of Eagle Scout. has contributed to his community through his acknowledge and honor the rich heritage of Eagle Scout project. the Modesto Chamber of Commerce as they f Mr. Speaker, I proudly ask you to join me in celebrate 100 years of business leadership in commending Kyle A. Deters for his accom- the Central Valley. INTRODUCTION OF THE FOX-WIS- plishments with the Boy Scouts of America Anniversaries such as this provide an op- CONSIN HERITAGE PARKWAY NA- and for his efforts put forth in achieving the portunity for us to reflect upon the significant TIONAL HERITAGE AREA ACT OF highest distinction of Eagle Scout. impact our local businesses, both large and 2012 f small, have on job creation and economic growth. It is critical that we continue to in- CELEBRATING THE 100TH ANNI- crease opportunities for business owners and HON. THOMAS E. PETRI VERSARY OF THE OREO COOKIE entrepreneurs to take risks and succeed, so that they are able to grow, innovate, and cre- OF WISCONSIN HON. ROBERT J. DOLD ate jobs. Throughout the years, the Chamber IN THE HOUSE OF REPRESENTATIVES has stayed true to its mission statement, OF ILLINOIS which is ‘‘to promote the region’s economic Tuesday, March 6, 2012 IN THE HOUSE OF REPRESENTATIVES strengths and vitality; identify and promote Mr. PETRI. Mr. Speaker, today I am Tuesday, March 6, 2012 services that are valuable to our members; ad- pleased to join my colleagues . . . in intro- Mr. DOLD. Mr. Speaker, I would like to take vocate for public policy that is advantageous ducing the Fox-Wisconsin Heritage Parkway a moment to celebrate the 100th anniversary to the business community; and fully partici- National Heritage Area Act of 2012, legislation of the Oreo. In 1912—the same year the pate and partner in activities to improve quality which would designate the Fox-Wisconsin South Pole was discovered, and the Titanic of life.’’ Heritage Parkway as a National Heritage Also celebrating 100 years is the iconic Mo- sank—the Oreo was first introduced. Growing Area. I am also pleased that Senator KOHL is up, there were many days where I would desto Arch. The Arch was erected by the introducing companion legislation in the Sen- enjoy dunking an Oreo in my milk and that tra- founders of the Modesto Chamber of Com- ate. dition continues today with children and adults merce as a symbol to promote the city, and remains as a welcome when you enter down- The National Park Service defines National all over the globe. There is no doubt Oreos Heritage Areas as: bring joy to many people throughout the world. town Modesto with the ever present slogan Kraft Foods, headquartered in my district, is ‘‘Water, Wealth, Contentment, Health.’’ . . . places where natural, cultural, his- the proud custodian of Oreo, and Oreo is one I would also like to recognize the following toric and scenic resources combine to form a cohesive, nationally important landscape of the company’s 12 ‘‘billion-dollar’’ brands. six businesses for their continuous member- ship in the Modesto Chamber of Commerce arising from patterns of human activity Enjoyed in more than 100 countries, today the shaped by geography. These patterns make Oreo brand is the world’s top selling cookie. for the past 100 years: Foster Farms, Bank of America, Pacific Bell/ATT, Chicago Title Com- National Heritage Areas representatives of Here is to another 100 years of Oreo being the American experience through the phys- the world’s number one cookie. pany, Pacific Gas & Electric, and J.S. West. ical features that remain and the traditions They should all be commended for the com- that have evolved in them. These regions are f munity support and dedication to the city of acknowledged by Congress for their capacity HONORING CONNOR S. THOMAS Modesto. to tell important stories about our nation. Mr. Speaker, please join me in celebrating Continued use of National Heritage Areas by with the Modesto Chamber of Commerce on a people whose traditions helped to shape the HON. SAM GRAVES day where we recognize not only where we landscape enhances their significance. OF MISSOURI have been, but the tremendous opportunities The Fox Wisconsin Heritage Parkway, IN THE HOUSE OF REPRESENTATIVES we have ahead in our efforts to fulfill our vi- which runs through parts of 15 counties Tuesday, March 6, 2012 sion for the future. Congratulations on the past throughout Wisconsin, marks the route taken 100 years, and I wish you the best success in in 1673 by explorers Father Jacques Mar- Mr. GRAVES of Missouri. Mr. Speaker, I the years to come. quette and Louis Joliet as they traveled from proudly pause to recognize Connor S. Thom- f the Great Lakes to the Mississippi River. This as. Connor is a very special young man who journey is an integral part of Wisconsin’s and has exemplified the finest qualities of citizen- HONORING EVAN JONATHAN our nation’s development. We should do all ship and leadership by taking an active part in LINARD that we can to preserve it so that future gen- the Boy Scouts of America, Troop 180, and erations have an appreciation for our country’s earning the most prestigious award of Eagle HON. SAM GRAVES unique history, culture and heritage. Scout. OF MISSOURI Establishing the Fox Wisconsin Heritage Connor has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES participating in many scout activities. Over the Parkway as a National Heritage Area will ac- many years Connor has been involved with Tuesday, March 6, 2012 complish that preservation goal in a cost-effec- scouting, he has not only earned numerous Mr. GRAVES of Missouri. Mr. Speaker, I tive manner. By utilizing public-private partner- merit badges, but also the respect of his fam- proudly pause to recognize Evan Jonathan ships, the National Heritage Area designation ily, peers, and community. Most notably, Con- Linard. Evan is a very special young man who can serve as a structure to coordinate the ac- nor has contributed to his community through has exemplified the finest qualities of citizen- tivities of businesses, non-profits and residents his Eagle Scout project. ship and leadership by taking an active part in so they can highlight their region’s unique con- Mr. Speaker, I proudly ask you to join me in the Boy Scouts of America, Troop 247, and tributions to America’s national story. commending Connor S. Thomas for his ac- earning the most prestigious award of Eagle Again, I am very pleased to support this re- complishments with the Boy Scouts of Amer- Scout. gion’s designation as a National Heritage ica and for his efforts put forth in achieving the Evan has been very active with his troop, Area, and I ask for my colleagues’ support in highest distinction of Eagle Scout. participating in many scout activities. Over the this effort.

VerDate Mar 15 2010 04:04 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K06MR8.008 E06MRPT1 jbell on DSK7SPTVN1PROD with REMARKS E320 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2012 HONORING STEPHEN DEAN CELEBRATING THE 76TH ANNUAL for the middle class. When Congress returns NOLTING WESTERN NEW YORK SAFETY we must ensure that our communities are pro- CONFERENCE tected and that hospitals and workers are HON. SAM GRAVES taken care of. I will work with my colleagues to remedy the shortcomings of this bill. OF MISSOURI HON. BRIAN HIGGINS OF NEW YORK IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Tuesday, March 6, 2012 Tuesday, March 6, 2012 RECOGNIZING THE 2012 NOMINEES Mr. GRAVES of Missouri. Mr. Speaker, I FOR THE PRINCE WILLIAM Mr. HIGGINS. Mr. Speaker, I rise today to proudly pause to recognize Stephen Dean COUNTY TEACHER OF THE YEAR/ celebrate the 76th annual Western New York Nolting. Stephen is a very special young man AGNES MEYER OUTSTANDING Safety Conference, which will be held in my who has exemplified the finest qualities of citi- TEACHER AWARD Western New York community March 12th- zenship and leadership by taking an active March 15th, 2012. part in the Boy Scouts of America, Troop 247, What began as a small group of safety- HON. GERALD E. CONNOLLY and earning the most prestigious award of minded individuals in 1935, has evolved into a OF VIRGINIA Eagle Scout. conference attended by over 500 delegates IN THE HOUSE OF REPRESENTATIVES Stephen has been very active with his troop, each year, and the largest gathering of safety- participating in many scout activities. Over the Tuesday, March 6, 2012 oriented and interested people on the East many years Stephen has been involved with Coast. Mr. CONNOLLY of Virginia. Mr. Speaker, I scouting, he has not only earned numerous The Western New York Safety Conference rise today to recognize the nominees for the merit badges, but also the respect of his fam- is recognized by both employers and employ- Prince William County Teacher of the Year/ ily, peers, and community. Most notably, Ste- ees alike as an outstanding organization. This Agnes Meyer Outstanding Teacher Award. phen has contributed to his community annual exchange of safety, health and envi- The Agnes Meyer Outstanding Teacher through his Eagle Scout project. ronmental information has contributed greatly Award program was established by ‘‘The Mr. Speaker, I proudly ask you to join me in to the advancement of safety for the worker, Washington Post’’ to ‘‘recognize excellence in commending Stephen Dean Nolting for his ac- and the general public. I applaud their dedica- teaching, to encourage creative and quality in- complishments with the Boy Scouts of Amer- tion to the conservation of human life and the struction, and to contribute in a substantive ica and for his efforts put forth in achieving the safety and health of the individual through the way to the improvement of education in the highest distinction of Eagle Scout. prevention of accidents and occupational dis- Washington metropolitan area.’’ eases. The annual recipients are comprised of one f Mr. Speaker, I want to congratulate those representative from each of the 19 metropoli- tan public school systems and a single rep- PERSONAL EXPLANATION who have led the effort to host this important conference, and am sure that they will con- resentative from the area private schools. The tinue to service the Western New York com- winner selected from the Prince William Public HON. LYNN C. WOOLSEY munity to reduce injuries and illness. School Division is also named the Prince Wil- OF CALIFORNIA liam County Teacher of the Year. Teachers f IN THE HOUSE OF REPRESENTATIVES who meet the criteria for the award are those SUPPORT OF THE CONFERENCE who instill in students a desire to learn and Tuesday, March 6, 2012 REPORT TO H.R. 3630 achieve, understand the individual needs of Ms. WOOLSEY. Mr. Speaker, on March 5, students, and demonstrate a thorough knowl- 2012, I was unavoidably detained and was un- HON. DENNIS J. KUCINICH edge of subject matter and have the ability to able to record my vote for rollcall No. 95. Had OF OHIO share it effectively with students. I been present I would have voted: IN THE HOUSE OF REPRESENTATIVES I extend my personal congratulations to the Rollcall No. 95: ‘‘Yes’’—Roy Schallern Rood 2012 Prince William County nominees for the Post Office Building. Tuesday, March 6, 2012 Agnes Meyer Outstanding Teacher Award: Mr. KUCINICH. Mr. Speaker, I rise in sup- Mrs. Anita Al-Haj—Osbourn Park High f port of the Conference Report to H.R. 3630, School; Ms. LaTicia Anderson—Coles Ele- Middle Class Tax Relief and Job Creation Act mentary School; Mrs. Jenny Bates—Hender- HONORING JEFFREY JOSEPH of 2012. The bill extends unemployment for son Elementary School; Ms. Spring Byard— DUER, JUNIOR those currently out of work through 2013. It New Directions Alternative Education Center; continues the payroll tax break for the middle Lt. Col. Ronald Cartee—Battlefield High HON. SAM GRAVES class through 2013. It prevents the scheduled School; Ms. Sharon Christner—Hylton High OF MISSOURI cuts in Medicare reimbursement to doctors. It School; Mrs. Jessica English—Hylton High IN THE HOUSE OF REPRESENTATIVES extends the Temporary Assistance for Needy School; Mr. Aaron Finney—Victory Elementary Families (TANF) program. It protects current School; Mrs. Kelly Haynes—Ashland Elemen- Tuesday, March 6, 2012 federal public servants by protecting their pen- tary School; Mr. Philip Keirstead—Marstellar Mr. GRAVES of Missouri. Mr. Speaker, I sions and by dropping language that would Middle School proudly pause to recognize Jeffrey Joseph have perpetuated an unjust and unnecessary Ms. Hess Moore—Beville Middle School; Duer, Junior. Jeffrey is a very special young payroll freeze. As a Member of the Committee Ms. Rebecca Patonetz—McAuliffe Elementary man who has exemplified the finest qualities on Oversight and Government Reform, I of- School; Mrs. Ingrid Perry—Gar-Field High of citizenship and leadership by taking an ac- fered an amendment in Committee last week School; Mrs. Ramona Richardson—Coles Ele- tive part in the Boy Scouts of America, Troop to protect the pensions of future federal public mentary School; Mr. Richard Scavongelli— 180, and earning the most prestigious award servants as well. Brentsville District High School; Ms. Lydia of Eagle Scout. However, while providing needed relief, this Stewart—Osbourn Park High School; Mrs. Pa- Jeffrey has been very active with his troop, bill is very flawed. It reduces benefits for new tricia Swanson—Ashland Elementary School; participating in many scout activities. Over the federal public servants, cuts assistance to Ms. Kendra Yount—Battlefield High School; many years Jeffrey has been involved with hospitals and cuts long term unemployment Mrs. Ruthann Zalewski—Loch Lomond Ele- scouting, he has not only earned numerous benefits. It is wrong to limit any crucial safety mentary School. merit badges, but also the respect of his fam- net. Mr. Speaker, I ask that my colleagues join ily, peers, and community. Most notably, Jef- Still, extending the payroll tax means that me in commending the nominees for the frey has contributed to his community through middle class families in Ohio will have about Prince William County Teacher of the Year/ his Eagle Scout project. $1000 more in their pockets at a time when Agnes Meyer Outstanding Teacher Award and Mr. Speaker, I proudly ask you to join me in speculation has pushed gas and basic food in thanking them for their dedication to our commending Jeffrey Joseph Duer, Junior for prices up. The needs of my district are urgent children. Their continued service will ensure his accomplishments with the Boy Scouts of and immediate. This legislation will deliver re- that Prince William County students are pro- America and for his efforts put forth in achiev- lief. I stand with the workers and those trying vided with a world class education in a more ing the highest distinction of Eagle Scout. to find work and I pledge to continue to fight vibrant learning community.

VerDate Mar 15 2010 04:04 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K06MR8.011 E06MRPT1 jbell on DSK7SPTVN1PROD with REMARKS March 6, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E321 INTRODUCTION OF THE CHIPACC TO RECOGNIZE THE FAIRFAX liam Cusic (FHYAA), Zach Burdick (CYA), Na- BILL CHILDREN’S PROGRAM OF COUNTY YOUTH FOOTBALL thanael Lomboy (APYFL), Benjamin Garcia ALL-INCLUSIVE, COORDINATED LEAGUE AND THE 2012 FAIRFAX (LFFL), Kyle Richbourg (SYA), Bryce Simpson CARE COUNTY FOOTBALL HALL OF (Alexandria Rec), Andrew Fall (BRYC), Tyler FAME HONOREES Scanlon (SYA). Youth Sports Coaches of the Year: Thomas HON. JAMES P. MORAN HON. GERALD E. CONNOLLY Digges (MYF), John Hetzer (MYF), Jim McGrath (VYI), Steve Ross (LFFL). OF VIRGINIA OF VIRGINIA Youth Sports Cheerleaders of the Year: IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Lakyn Fearson (APYFL), Agnis Alessandrino Tuesday, March 6, 2012 (Herndon Optimists), Samantha Culin (SYI), Tuesday, March 6, 2012 Mr. CONNOLLY of Virginia. Mr. Speaker, I Graciela Perez (SYA), Keenan Patricia Parker rise today to recognize the Fairfax County (VYI). Mr. MORAN. Mr. Speaker, I rise today to Mr. Speaker, I ask that my colleagues join talk about an issue of concern to all families, Youth Football League and to congratulate the 2012 Fairfax County Football Hall of Fame me in congratulating the Fairfax County Youth and everyone who has ever known a sick honorees. Football League as well as those students, child. The importance of youth sports cannot be coaches and community leaders who are The Children’s Program of All-inclusive, Co- overstated. Participation in organized sports being honored at this 2012 Hall of Fame cele- ordinated Care, ChiPACC, program serves the instills in our youth many values that will serve bration. needs of Medicaid-eligible children who suffer them well throughout life. These values in- f from potentially terminal illnesses or condi- clude sportsmanship, teamwork, honesty, a MORE DEMOCRATIC SETBACKS IN tions. The legislation I am introducing will sense of belonging, and maybe most impor- UKRAINE make ChiPACC a state option under Medicaid. tant, the work ethic developed by striving for success and working to achieve a common Medicaid-eligible children—like all children goal. Organized youth sports also contribute to HON. CHRISTOPHER H. SMITH who suffer from potentially terminal illnesses OF NEW JERSEY our society. Studies have shown a correlation or conditions—need comprehensive, coordi- IN THE HOUSE OF REPRESENTATIVES between participation in sporting activities and nated care. Currently, nearly 30 percent of the increased academic performance. Some stud- Tuesday, March 6, 2012 children in the United States who have life- ies indicate that a reduction in gang activity Mr. SMITH of New Jersey. Mr. Speaker, last threatening conditions qualify for Medicaid. can be partially attributed to refocusing at-risk week, former Ukrainian Interior Minister Yuriy These children are forced into a system that children into organized, supervised activities Lutsenko was sentenced to four years impris- will only treat them on an emergency basis, such as youth sports. onment in yet another politically motivated sending them home to wait until their next I commend the Fairfax County Youth Foot- trial. This comes after the imprisonment—also health emergency. ball League for providing opportunities for our the result of an unfair trial on specious Based on the highly effective, collaborative children to succeed and be a part of a team. charges—of his ally, former Prime Minister model of care developed by Children’s Hos- I also congratulate the following students, Yuliya Tymoshenko, who continues to lan- pice International, CHI, the Children’s Program coaches and community leaders who are guish in prison in ill health. of All-inclusive, Coordinated Care provides being recognized at the 22nd Annual Fairfax The sentencing of Mr. Lutsenko is a further confirmation that the regime of President each enrolled child an individualized treatment County Football Hall of Fame: Fairfax County Football Hall of Fame 2012 Viktor Yanukovych is not taking its OSCE plan that includes and manages services from Inductees—Owen Schmitt (NFL Philadelphia human rights and democracy obligations seri- providers across the health care spectrum. Eagles, West Virginia University, Fairfax High ously. The imprisonment of opposition leaders ChiPACC’s services will improve upon the School), Tom Verbanic (Fairfax High School Tymoshenko and Lutsenko prohibits their par- often inconsistent care that is currently avail- and Westfield High School), and Angela Hay ticipation in October’s parliamentary elections, able to seriously ill children under Medicaid, and Adam Wiles (Founder, Prince William raising serious questions about whether doing so at a savings to taxpayers. County Clubs in FCYFL). Ukraine will meet OSCE election standards. With appropriate comprehensive and coordi- Football Official of the Year—Youth This could be especially troubling given nated services under ChiPACC, many emer- Sports—Kanyon MacRae (Fairfax County Ukraine’s assumption of the OSCE Chairman- gency episodes can be avoided or anticipated Football Officials Association). ship in January, 2013, two months after these and managed, such that children receive ap- Karl Davey Community Achievement elections. As Chairman of the Helsinki Com- propriate care in their homes instead of in Award—Jasmine Faubert (Volunteer, Herndon mission, it is also of concern to me and my hospitals, and so that even when they require Optimist Club, FCYFL). colleagues, who have long advocated an inde- critical care they can enter the hospital Tom Davis Meritorious Service Award—Tay- pendent, democratic, and free Ukraine. lor Dixon (Community Outreach Specialist, Mr. Lutsenko’s conviction is disconcerting in through the front door instead of the emer- Neighborhood and Community Use). that it starkly illustrates the deterioration of gency room, significantly reducing health care Gene Nelson Commissioner of the Year human rights, democracy and the rule of law costs. Award—Derrick Spearman (Fort Hunt Youth under the presidency of Viktor Yanukovych, Under the former Medicaid model, individ- Football and Cheerleading). who has pressed the pause button on uals could receive only ‘‘hospice’’ services and FCFHF $1,500 Scholarship Recipients: Ukraine’s once-promising advance towards only after their doctors give them a prognosis Dymond Cooper (Edison HS), Matthew democracy—and increasingly it seems he is of six months to live. Children, however, are Pisarcik (Westfield HS), Evan Jacquez (Madi- switching to the reverse button. Instead, what much more likely than adults to go in and out son HS), Michael Tobias (West Springfield we now see is something increasingly reminis- of terminal phases multiple times. No family HS). cent of the kind of authoritarianism that exists should be forced to give up curative care for High School Players of the Year: Stephen in Russia, Belarus and elsewhere in the post- their child in order to receive services that are Trivieri (Stone Bridge HS), Hayden Knudson Soviet space. predicated on accepting that their child has no (Hayfield HS), Devin Vandyke (South County Ukraine’s democratic backsliding is harming more than 6 months to live. I am very pleased HS), Ken Ekanem (Centreville HS), Erich relations with the EU and the United States, that the Affordable Care Act amended this pol- ‘‘Hunter’’ Windmuller (Flint Hill School), John and both have repeatedly made clear that for icy to allow curative care for Medicaid eligible Byrd (Manassas Park HS). relations to improve, respect for human rights children in hospice. But ChiPACC goes be- High School Coaches of the Year: Gerry and the democratic process must improve. yond curative care and combines medical and Pannoni (South County HS), Chris Haddock Most importantly, this now two-year deteriora- (Centreville HS). support services currently available in Med- tion negatively affects the Ukrainian people, Youth Sports Players of the Year: Aaron who, following the Orange Revolution, had icaid with counseling, respite, and other care Lahah (Gainesville/Haymarket Football), Clark tasted the fruits of freedom, and are now in- that have previously only been available as Thomas (VYI), Kenny Dodson (MYFL), Wiley creasingly experiencing the burden of its hospice services. Counts (VYI), Brandon Burdick (CYA), Hagan undoing. Please join me in sponsoring this very im- Biddison (SCAA), Brandon Hilton (Fort Belvoir It is time for President Yanukovych to show portant legislation. Youth Sports), Hunter Baldwin (FHYAA), Wil- respect for the dignity of his own people by

VerDate Mar 15 2010 04:04 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.006 E06MRPT1 jbell on DSK7SPTVN1PROD with REMARKS E322 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2012 putting an end to political prosecutions and science are taught in our classrooms and for Central and South America, the Pacific Is- other reprisals against those who oppose him improving the quality of education for young- lands, the Caribbean, and the Middle East. and allow their full participation in political life. sters in our community. The effects of service ripple across a wide In order to find credibility with both the Ukrain- f variety of communities. The Peace Corps not ian people and the international community, only provides invaluable assistance to the de- he must end restrictions on freedom of speech CONGRATULATING MEME OMOGBAI veloping world, but also returns effective and association and reverse the debilitating FOR BEING NAMED CHAIR OF cross-cultural leaders to the American work- corruption and judicial subservience to the ex- THE AMERICAN ASSOCIATION OF force. Through their service, volunteers de- ecutive which has so eroded the rule of law. MUSEUMS velop steadfast creativity and determination Mr. Speaker, the time has come for the that permeates through everything they do. Ukrainian authorities to stop their slide to HON. LEONARD LANCE It is with great pleasure that I recognize the authoritarianism and resulting isolation which OF NEW JERSEY 28 residents of the 11th District of Virginia will only harm Ukrainians who for so long— IN THE HOUSE OF REPRESENTATIVES who have met this extraordinary call to serv- and at such great cost—have struggled for Tuesday, March 6, 2012 ice: Daniel Beale, Michael Burke, Megan freedom, dignity and justice. Bush, Michelle Carr, Jennifer Cook, Kevin f Mr. LANCE. Mr. Speaker, I rise today to Dansereau, Emily Forsyth Queen, Carolyn congratulate Meme Omogbai, Chief Operating Glidden, Kendall Gordon, Salwan Hager, Molly RECOGNIZING FAIRFAX COUNTY Officer of The Newark Museum, on being Jacobson, Brittany Kennell, Shantonu Kundu, PUBLIC SCHOOLS TEACHERS FOR named Chair of the American Association of Catherine Leitch, Laura Lloyd-Braff, Douglas PARTICIPATING IN THE SALLY Museums. This is an unprecedented honor for Mann, Patricia Marks, Ryan Mcgibony, Laura RIDE SCIENCE ACADEMY The Newark Museum in Newark, New Jersey. Olsen, Kristin Powers, Eric Reeder, Kristopher Prior to her election, Omogbai served the Reinertson, Ashley Studholme, Anh-Minh HON. GERALD E. CONNOLLY AAM in many capacities including as co-au- Tran, Anastasia Tucker, Emily Vallowe, Peter OF VIRGINIA thor of its ground-breaking strategic plan. Weems, and Priscilla Yu. IN THE HOUSE OF REPRESENTATIVES Ms. Omogbai was born in Nigeria and Mr. Speaker, I ask my colleagues to join me moved to the United States as a child. She Tuesday, March 6, 2012 in congratulating the Peace Corps for 51 years obtained both a Bachelor of Science degree in of invaluable service to our Nation and our Mr. CONNOLLY of Virginia. Mr. Speaker, I accountancy and an M.B.A. in finance and world. Through its diplomatic and development rise to recognize a select group of math and management consultancy from Rutgers Uni- service, the Peace Corps has established val- science teachers from Fairfax County Public versity. She has a keen interest in public serv- uable cross-cultural understanding. Virginia’s Schools. They recently participated in the ice and pursued opportunities in New Jersey 11th District is especially proud to recognize Sally Ride 2011 Science Academy in San state government. During her 10-year tenure the service of our 28 residents abroad. Diego. with the state she became the youngest dep- f The Academy is an intense one-week pro- uty assistant chancellor of the NJ Department fessional development program in which ele- of Higher Education. PERSONAL EXPLANATION mentary and middle school teachers learn new Ms. Omogbai was part of the team that de- skills for introducing students to STEM veloped the widely acclaimed NJ College Loan HON. MICHAEL R. TURNER (Science, Technology, Engineering, and Math) to Assist State Students Program while over- OF OHIO and educating their students about the diverse seeing $6.5 billion in assets and crafting legis- IN THE HOUSE OF REPRESENTATIVES education and career opportunities in those lation as a policy adviser in the state treas- fields. The Academy uses a train-the-trainer urer’s office. She also worked with the Casino Tuesday, March 6, 2012 model, in which participants return to their Control Commission. Mr. TURNER of Ohio. Mr. Speaker, on school districts to train other teachers during Ms. Omogbai is a community leader with March 5, 2012, I was unable to vote on rollcall the school year. Sally Ride Science, founded important, active roles on the boards of such vote 95. Had I been present I would have by the first American woman in space, oper- organizations as the New Jersey Historic voted ‘‘yea’’ on rollcall vote 95, on passage of ates the Academy in partnership with Trust, the American Association of Museums, H.R. 3637. ExxonMobil, which has one of its corporate the Advisory Board of Montclair State Univer- f headquarters in Fairfax County. sity, St. Vincent Academy and the Newark Re- With only 29% of American 4th graders and gional Business Partnership. PERSONAL EXPLANATION 33% of 8th graders performing at proficient I congratulate Meme Omogbai on being levels in science, we need to redouble our ef- named Chair of the American Association of HON. JIM JORDAN forts in the STEM fields, particularly to recruit Museums. OF OHIO more girls and minorities. In today’s economy, f IN THE HOUSE OF REPRESENTATIVES 8 of the 10 fastest growing jobs require pro- ficiency in math and science, yet American RECOGNIZING THE 51ST ANNIVER- Tuesday, March 6, 2012 universities rank 27th among developed na- SARY OF THE PEACE CORPS AND Mr. JORDAN. Mr. Speaker, I was absent tions with respect to the number of students 11TH DISTRICT VOLUNTEERS from the House Floor during yesterday’s roll graduating with science or engineering de- call vote. grees. HON. GERALD E. CONNOLLY Had I been present, I would have voted in Thanks to the work of the Sally Ride OF VIRGINIA favor of H.R. 3637. Science Academy, these and other teachers IN THE HOUSE OF REPRESENTATIVES f now have additional training and skills to as- sist them in encouraging more of our young Tuesday, March 6, 2012 RECOGNIZING THE RECIPIENTS OF people to become excited about science and Mr. CONNOLLY of Virginia. Mr. Speaker, it THE 2012 DALE CITY CIVIC ASSO- math. I am pleased to recognize the following is my great honor to rise today and recognize CIATION COMMUNITY AWARDS Fairfax County Public Schools teachers for the Peace Corps on the 51st Anniversary of participating in the Academy: Heather McCar- its inception. Since President John F. Ken- HON. GERALD E. CONNOLLY thy, Lynnette Harris, Luann Hoyseth, Lauren nedy’s inspirational call to service in the OF VIRGINIA Bello, Jodi Hepner, Danielle Heffron, Alane 1960s, the Peace Corps has played an inte- IN THE HOUSE OF REPRESENTATIVES Peragallo, Shannon Waite, and Holly Eelman. gral role in the journey toward world peace To date, the Sally Ride Science Academy and understanding. Tuesday, March 6, 2012 has successfully trained more than 650 edu- The Peace Corps is vital to our strategies Mr. CONNOLLY of Virginia. Mr. Speaker, I cators spanning 16 States, and they have re- for diplomacy and development assistance. rise to recognize the recipients of the 2012 turned to their perspective districts to train an This year alone, approximately 9,000 Peace Dale City Civic Association Community additional 4,400 teachers. Corps Volunteers have made significant con- Awards. Mr. Speaker, I ask my colleagues to join me tributions in more than 75 countries. Volun- The Dale City Civic Association was found- in recognizing these remarkable teachers for teers learn more than 175 languages and dia- ed in 1967. Citizens formed the organization their efforts to change the way math and lects with placements in Asia, Africa, Europe, to give a voice to community initiatives and

VerDate Mar 15 2010 04:04 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.007 E06MRPT1 jbell on DSK7SPTVN1PROD with REMARKS March 6, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E323 collective action in Dale City. Today, the orga- Today, it is $15,491,983,252,196.46. We’ve teers on their new positions and in thanking all nization’s purpose is to represent the interests added $4,865,106,203,283.33 to our debt in 3 members of the Occoquan Woodbridge Lorton of the residents of Dale City in a manner that years. This is debt our Nation, our economy, Volunteer Fire Department for the vital service benefits the entire community. Members do and our children could have avoided with a they provide to the Prince William community. this with robust beautification efforts, land use balanced budget amendment. Stay safe. advocacy and volunteer responses to commu- f f nity needs. The Association hosts an annual awards RECOGNIZING THE 2012 OFFICERS HONORING PATRICIA SMITH OF banquet to honor individuals and organizations OF THE OCCOQUAN WOODBRIDGE LEBANON ON HER RETIREMENT that show an exceptional devotion to their LORTON VOLUNTEER FIRE DE- FROM THE FARM SERVICE community and public service. It is my honor PARTMENT AGENCY to enter into the CONGRESSIONAL RECORD the names of the recipients of the 2012 Dale City HON. GERALD E. CONNOLLY HON. JOE COURTNEY Civic Association Community Awards: OF VIRGINIA OF CONNECTICUT High School Teacher of the Year: Ingrid IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Hoffman Perry; Tuesday, March 6, 2012 Tuesday, March 6, 2012 Middle School Teacher of the Year: Mary Mr. CONNOLLY of Virginia. Mr. Speaker, I Lynn Thurman; Mr. COURTNEY. Mr. Speaker, I rise today rise to recognize the 2012 Officers of the Elementary School Teacher of the Year: to offer my heartiest congratulations and Occoquan Woodbridge Lorton Volunteer Fire Margie Norman; thanks to Patricia Smith of Lebanon for her Department. John D. Jenkins Youth Citizen of the Year: more than three decades of service to farmers The 2012 officers and members of the Donald E. Jones, Jr.; in eastern Connecticut. This past December, board of directors are taking leadership roles Dale City Youth Environmental and Con- Pat retired after 31 years of working for the in one of Northern Virginia’s longest standing servation Award: Ann Nguyen; U.S. Department of Agriculture Farm Service volunteer fire departments. The O.W.L. Volun- Kathie Feeney Nurse of the Year: Rosey Agency’s Connecticut office. teer Fire Department was created to address Espiritu; After graduating from Norwich Free Acad- the need for organized fire response capabili- Prince William County Police Department, emy, Pat began working at the Groton Sub ties in the growing suburbs of Northern Vir- Police Officer of the Year: Officer David C. Base. She later worked in Boston at the Naval ginia. In 1938, the Department officially formed McKeown; Shipyards, a rural letter carrier in Lebanon, to become the only fire department between Dale City Volunteer Fire Department, Officer Connecticut and also at the Social Security of- Fredericksburg and Alexandria. In the subse- of the Year: Lieutenant Christopher Gardner, fice in Willimantic, Connecticut. Always a dedi- quent decades O.W.L. has expanded to staff Jr.; cated public servant, Pat worked hard to serve three stations and provide emergency medical Dale City Volunteer Fire Department, Emer- the people of eastern Connecticut in her var- services. gency Medical Service Provider of the Year: ious capacities. In 1980, Pat was hired by cur- The members of O.W.L. are dedicated com- Technician Danielle Miller; rent Connecticut Farm Service Agency Execu- munity volunteers, and the 2012 officers and Dale City Volunteer Fire Department, Fire- tive Director Marsha Jette to serve as a Pro- directors will be diligent stewards of this tradi- fighter of the Year: Technician Tinashe Banda; gram Technician assisting farmers in eastern tion of service. The 250 active O.W.L. mem- Dale City Volunteer Fire Department, ‘‘Sec- Connecticut. bers answer 14,000 calls and serve 60,000 ond to None’’ Volunteer Community Servant Pat’s experience as a herdswoman on her people each year. Their job is demanding and Award: Irene Dell; brother Nathan R. Cushman’s farm gave her the hours are long, but these brave men and Prince William County Department of Fire the hands-on experience she needed to pro- women are driven by their dedication to public and Rescue, Firefighter of the Year: Captain vide dedicated and timely service to her fellow safety and the communities that they serve. Steve Barr; farmers. At the time she began working for We would all do well to follow their example. Prince William County Department of Fire USDA in 1980, Pat also milked 16–20 Brown I congratulate and commend the following and Rescue, Emergency Medical Service Pro- Swiss cows that she kept at her residence that 2012 incoming officers: belonged to her and her daughter Julie who vider of the Year: Lieutenant Leif Ericson; Department Chief: James F. McAllister; Deputy Sheriff of the Year: Deputy Jack Fire Assistant Chiefs: Karl F. Fippinger, was actively involved in the 4–H program. Richards; Wayne A. Haight, David S. Halman, John M. Pat’s dedication to her work never wavered Catherine Spellane Citizen of the Year: McGovern III, and Richard C. Slusher; despite the challenging times dairy farmers Ellen Carleton; EMS Assistant Chief: Edward A. Craig; and others in Connecticut faced during her Kathleen K. Seefeldt Community Service Fire Captains: Kurt E. Bolland, Steven R. three decades at USDA. While Pat’s retire- Award: Jo-Ellen Benson; Godin, Michael Nazionale, and Brian J. Smith, ment has left a void that will not easily be Ernestine S. Jenkins Lifetime Volunteer David P. Williams, and Justin W. Witt; filled at the Farm Service Agency office, she Award: Janice Carr; and EMS Captain: Richard T. Ruggieri; continues her service through volunteer efforts Business of the Year: Amici’s Restaurante. Fire Lieutenants: Jonathan W. Baldwin, at the New London County Farm Service Mr. Speaker, I ask that my colleagues join Robert L. Brown, Mark A. Chandler, Jon R. Agency office. Always the dedicated public me in commending the winners of the 2012 Colpitts, Joshua Culp, Ernie M. Firkin Jr., Har- servant, Pat Smith’s experience and care for Dale City Civic Association Community old F. Griffith, Jamieson H. Jewett, Alexander her fellow farmers will be sorely missed as Awards for their dedication to building and R. Moody, Richard P. Moore, Derick N. Ondra, she moves from full time work to volunteering maintaining a healthy community. Each recipi- and John M. Roberts; for farmers in Connecticut. I ask that my col- ent has made a tangible imprint on Dale City, EMS Lieutenants: Tara S. Gallant, Tammy leagues join me in congratulating Pat on her and, with these awards, we hope to show L. Hill, James M. McCue, Scott A. Schneider, retirement and wish her well in her continued them that their contributions have not gone Kelly Shaw, and Cynthia M. Young; efforts. unnoticed. Executive Vice President: Ronald D. Miller; f f Admin Vice Presidents: William L. Carter, RECOGNIZING PRINCE WILLIAM Michael W. Clark, Henry J. Neyhouse, and OUR UNCONSCIONABLE NATIONAL COUNTY PUBLIC SCHOOLS George W. Smith; DEBT Membership Secretary: Melissa L. Payne; TEACHERS WHO HAVE ACHIEVED Treasurer: George J. Nazionale, Jr.; NATIONAL BOARD CERTIFI- HON. MIKE COFFMAN Election Officer: Valoree A. Brown; CATION OF COLORADO Sergeant at Arms: Timothy S. VanDeusen; IN THE HOUSE OF REPRESENTATIVES Board of Directors: Jonathan D. Karnbach, HON. GERALD E. CONNOLLY Thomas S. Sullivan, and Lenny G. Peters Jr.; Tuesday, March 6, 2012 OF VIRGINIA New Life Members: James F. McAllister, Jo- IN THE HOUSE OF REPRESENTATIVES Mr. COFFMAN of Colorado. Mr. Speaker, seph J. Zarkauskas Jr., Derek D. Dove, and on January 20, 2009, the day President Phillip L. Hughes Jr. Tuesday, March 6, 2012 Obama took office, the national debt was Mr. Speaker, I ask that my colleagues join Mr. CONNOLLY of Virginia. Mr. Speaker, I $10,626,877,048,913.08. me in congratulating these remarkable volun- rise to recognize the 21 Prince William County

VerDate Mar 15 2010 04:04 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K06MR8.019 E06MRPT1 jbell on DSK7SPTVN1PROD with REMARKS E324 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2012 Public Schools teachers who recently received Mr. Speaker, I ask that my colleagues join friend of the family and light to all who knew certification from the National Board for Pro- me in commending these teachers for their her. She radiated her Christian faith and spent fessional Teaching Standards. The National commitment to education and professional de- her life doing good works. While her presence Board is an independent nonprofit organization velopment. Prince William County Public will be missed, she has left the world a better governed by classroom teachers, school ad- Schools delivers a world class education due place because of her devotion and service to ministrators, school board leaders, governors to the tireless efforts of teachers who make others. and state legislators, higher education officials, excellence the standard. teacher union leaders, and business and com- f f munity leaders. These teachers have met the standards es- TRIBUTE TO ELIZABETH MCCANTS RECOGNIZING THE 22ND ANNUAL tablished by the National Board and have un- RAVENELL DR. MARTIN LUTHER KING JR. dergone a rigorous application process that re- YOUTH ORATORICAL COMPETI- quired they demonstrate the knowledge, skills HON. JAMES E. CLYBURN TION and accomplishments that comprise teaching OF SOUTH CAROLINA excellence. A Board Certified teacher supports IN THE HOUSE OF REPRESENTATIVES HON. GERALD E. CONNOLLY a vision of teaching based on the following Tuesday, March 6, 2012 OF VIRGINIA five core principles: Mr. CLYBURN. Mr. Speaker, I rise today to 1. Teachers are committed to students and IN THE HOUSE OF REPRESENTATIVES pay tribute to an everyday hero, whose abid- their learning; Tuesday, March 6, 2012 2. Teachers know the subjects they teach ing faith led her to a remarkable life of Chris- and how to teach those subjects to students; tian service. Deaconess Elizabeth McCants Mr. CONNOLLY of Virginia. Mr. Speaker, I 3. Teachers are responsible for managing Ravenell passed from this life on February 12, rise to recognize the 22nd Annual Dr. Martin and monitoring student learning; 2012, but her legacy lives on in everyone she Luther King Jr. Youth Oratorical Competition 4. Teachers think systematically about their touched. hosted by the Prince William Alumnae Chapter practice and learn from experience; and Elizabeth McCants Ravenell was born on of Delta Sigma Theta Sorority, Inc. and its 5. Teachers are members of learning com- November 25, 1922 in Moncks Corner, South Education Foundation. munities. Carolina. She attended the public schools of The Reverend Dr. Martin Luther King Jr. left I extend my personal congratulations to the Charleston County, but her calling was a an indelible mark on our nation in his pursuit recent class of National Board Certified Christian education. She earned certificates of civil rights through civil dialogue. Despite Teachers: from the House of God Academy and Bible the violence perpetrated against Dr. King and Ms. Laura Deering—Battlefield High School; College and a degree from the Moody Bible other leaders of the Civil Rights Movement, Ms. Susan Dommer—Stonewall Middle Institute. Dr. King responded with reverent oratory and Mrs. Ravenell was a devout Christian, and School; nonviolent resistance to condemn the injustice Ms. Michelle Esmacher—Lake Ridge Middle devoted her life to her family and her faith. of social inequality. His legacy is one of toler- School; She first joined the Mt. Olive Baptist Church in ance and steadfast commitment to principled Ms. Amanda Esteban—Battlefield High North Charleston in 1943. Two years later, and peaceful communication. School; she and her husband joined the House of Ms. Crystal Figueroa—Triangle Elementary God—Keith Dominion, when their oldest child, Contestants in the MLK Youth Oratorical School; Mary Elizabeth was just one year old. Contest pay tribute to Dr. King’s legacy with Mr. Jason Fox—Hylton High School; As a member of the House of God, Mrs. their ability to exercise the strength of the spo- Mr. Mark Groom—Swans Creek Elementary Ravenell served in many capacities. She was ken word. This skill will serve them well as School; a part of the National Complex committee, they seize future leadership opportunities and Ms. Erica Ippoliti—Rosa Parks Elementary Deacons Union, Chief Overseer’s Anniversary forge the personal relationships necessary for School; Committee, and the International Missionary effective community engagement and orga- Ms. Michelle Marrero—Freedom High Outreach Society. nizing. School; She sailed the Mediterranean Sea, minis- I congratulate and applaud the following Ms. Megan Martin—Henderson Elementary tering in Madrid, Spain as a guest of a com- contestants of the 22nd Annual Dr. Martin Lu- School; munity church her daughter, Margaret Cath- ther King, Jr. Youth Oratorical Competition: Ms. Kristin McKitrick-Rojas—Benton Middle erine, organized. She represented the Pied- Middle School Contestants School; mont Diocese of South Carolina in Mississippi. Jonathan Adrien—Porter School; Ms. Catherine Naujoks—Coles Elementary Mrs. Ravenell also took many visitors to the School; Jacob Gonzalez—Parkside Middle Ms. Diana Pool—Battlefield High School; church’s General Assembly in Nashville,. Ten- School; Ms. Kelly Pratte—Rosa Parks Elementary nessee, and provided food, clothes and shel- Nicolas Smith—Benton Middle School. School; ter for many of them. High School Contestants She met her husband, James L. Ravenell in Ms. Ann Reighard—Rosa Parks Elementary Sadiyah Faruk—Gar-Field High School; School; Charleston, South Carolina. The couple had six children, and numerous grandchildren, Ebonee Johnson—Manassas Park High Mr. Mark Rendell—T. Clay Wood Elemen- School; tary School; great grandchildren and great-great grand- Ms. Ramona Richardson—Coles Elemen- children. Mrs. Ravenell was also ‘‘mother’’ to Seth Opoku-Yeboah—Osbourn Park High tary School; all of the children of the church. Children gave School. Ms. Karen Roth—Antietam Elementary her the greatest joy in life, and she doted on Mr. Speaker, I ask that my colleagues join School; all of them. I met Ms. Ravenell soon after me in commending Delta Sigma Theta Soror- Ms. Amanda Shaw—Signal Hill Elementary marrying into the McCants family over 50 ity, Inc. for recognizing the benefit that Dr. School; years ago. We became fast friends and re- King’s teachings bring to the development of Ms. Amanda Taylor—Gainesville Middle mained so until her death. our youth. We lay the foundations of a more School; and Mr. Speaker, I ask that you and our col- tolerant society when we nurture the ability to Ms. Jacquelynn Zanghi—Ellis Elementary leagues join me in celebrating an abundant life engage and communicate with one another in School. well lived. Elizabeth Ravenell was a dear a way that respects our common humanity.

VerDate Mar 15 2010 04:04 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K06MR8.021 E06MRPT1 jbell on DSK7SPTVN1PROD with REMARKS Tuesday, March 6, 2012 Daily Digest Senate to close further debate on Reid Amendment No. Chamber Action 1761 (listed above). Page S1410 Routine Proceedings, pages S1401–S1432 Subsequently, Senator Reid entered a motion to Measures Introduced: Ten bills and one resolution reconsider the vote by which cloture was not in- were introduced, as follows: S. 2156–2165, and S. voked on Reid Amendment No. 1761 (listed above). Res. 389. Page S1422 Page S1410 Measures Passed: A unanimous-consent agreement was reached pro- viding that the motion to invoke cloture on the bill, Counterfeit Drug Penalty Enhancement Act: be withdrawn. Page S1410 Senate passed S. 1886, to prevent trafficking in A unanimous-consent agreement was reached pro- counterfeit drugs, after agreeing to the following viding for further consideration of the bill at ap- amendment proposed thereto: Page S1431 proximately 11 a.m., on Wednesday, March 7, 2012. Durbin (for Leahy/Grassley) Amendment No. Page S1432 1808, in the nature of a substitute. Page S1431 Senate Briefing—Agreement: A unanimous-con- National Asbestos Awareness Week: Senate sent agreement was reached providing that the Sen- agreed to S. Res. 389, designating the first week of April 2012 as ‘‘National Asbestos Awareness Week’’. ate recess from 5 p.m. to 6 p.m., on Wednesday, March 7, 2012, to allow for a Senators only briefing. Pages S1431–32 Page S1432 Measures Considered: Nominations Confirmed: Senate confirmed the fol- Moving Ahead for Progress in the 21st Cen- lowing nominations: tury—Agreement: Senate resumed consideration of By 95 yeas to 2 nays (Vote No. EX. 26), Mary S. 1813, to reauthorize Federal-aid highway and Elizabeth Phillips, of Missouri, to be United States highway safety construction programs, taking action District Judge for the Western District of Missouri. on the following amendments proposed thereto: Pages S1410–13, S1432 Pages S1407–10, S1413–17 By 93 yeas to 4 nays (Vote No. EX. 27), Thomas Pending: Owen Rice, of Washington, to be United States Dis- Reid Amendment No. 1761, of a perfecting na- trict Judge for the Eastern District of Washington. ture. Page S1407 Pages S1410–13, S1432 Reid Amendment No. 1762 (to Amendment No. 1761), to change the enactment date. Page S1407 Messages from the House: Page S1420 Reid motion to recommit the bill to the Com- Measures Referred: Page S1420 mittee on Environment and Public Works, with in- Enrolled Bills Presented: Page S1420 structions, Reid Amendment No. 1763, to change the enactment date. Page S1407 Executive Communications: Pages S1420–22 Reid Amendment No. 1764 (to (the instructions) Petitions and Memorials: Page S1422 Amendment No. 1763), of a perfecting nature. Additional Cosponsors: Pages S1422–23 Page S1407 Reid Amendment No. 1765 (to Amendment No. Statements on Introduced Bills/Resolutions: 1764), of a perfecting nature. Page S1407 Pages S1423–25 During consideration of this measure today, Senate Additional Statements: Pages S1418–20 also took the following action: Amendments Submitted: Pages S1425–30 By 52 yeas to 44 nays (Vote No. 25), three-fifths of those Senators duly chosen and sworn, not having Authorities for Committees to Meet: voted in the affirmative, Senate rejected the motion Pages S1430–31 D192

VerDate Mar 15 2010 05:18 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR2.REC D06MRPT1 jbell on DSK7SPTVN1PROD with DIGEST March 6, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D193 Record Votes: Three record votes were taken today. DEPARTMENT OF DEFENSE BUDGET (Total—27) Pages S1410, S1413 Committee on the Budget: Committee concluded a hear- Adjournment: Senate convened at 10 a.m. and ad- ing to examine perspectives on the President’s pro- journed at 6:58 p.m., until 10 a.m. on Wednesday, posed budget request for fiscal year 2013 for the De- March 7, 2012. (For Senate’s program, see the re- partment of Defense, after receiving testimony from marks of the Acting Majority Leader in today’s Lieutenant General David W. Barno, USA (Ret.), Record on page S1432.) Center for a New American Security, Michael O’Hanlon, Brookings Institution, and James Jay Committee Meetings Carafano, Heritage Foundation, all of Washington, D.C. (Committees not listed did not meet) INVESTMENT IN RESEARCH AND DEFENSE AUTHORIZATION REQUEST AND DEVELOPMENT THE FUTURE YEARS DEFENSE PROGRAM Committee on Commerce, Science, and Transportation: Sub- Committee on Armed Services: Committee concluded a committee on Science and Space concluded a hearing hearing to examine United States Central Command to examine keeping America competitive through in- and United States Special Operations Command in vestments in research and development, after receiv- review of the Defense Authorization request for fiscal ing testimony from John P. Holdren, Director, Of- year 2013 and the Future Years Defense Program, fice of Science and Technology Policy, Executive Of- after receiving testimony from General James N. fice of the President; Patrick D. Gallagher, Under Mattis, USMC, Commander, United States Central Secretary of Commerce for Standards and Tech- Command, and Admiral William H. McRaven, nology; Subra Suresh, Director, National Science USN, Commander, United States Special Operations Foundation; and Mason Peck, Chief Technologist, Command, both of the Department of Defense. National Aeronautics and Space Administration. JOB GROWTH AND CAPITAL FORMATION FOREST SERVICE BUDGET Committee on Banking, Housing, and Urban Affairs: Committee concluded a hearing to examine spurring Committee on Energy and Natural Resources: Committee job growth through capital formation while pro- concluded a hearing to examine the President’s pro- tecting investors, including S. 1965, to jump-start posed budget request for fiscal year 2013 for the economic recovery through the formation and Forest Service, after receiving testimony from Tom growth of new businesses, S. 1933, to increase Tidwell, Chief, and Susan Spear, Acting Director of American job creation and economic growth by im- Budget, both of the Forest Service, Department of proving access to the public capital markets for Agriculture. emerging growth companies, H.R. 3606, to increase TAX REFORM OPTIONS American job creation and economic growth by im- proving access to the public capital markets for Committee on Finance: Committee concluded a hearing emerging growth companies, S. 1824, to amend the to examine tax reform options, focusing on incen- securities laws to establish certain thresholds for tives for capital investment and manufacturing, after shareholder registration under that Act, S. 1544, to receiving testimony from Jane G. Gravelle, Senior amend the Securities Act of 1933 to require the Se- Specialist in Economic Policy, Congressional Re- curities and Exchange Commission to exempt a cer- search Service, Library of Congress; Ike Brannon, tain class of securities from such Act, and S. 1970, American Action Forum, Robert D. Atkinson, Infor- to amend the securities laws to provide for registra- mation Technology and Innovation Foundation, and tion exemptions for certain crowdfunded securities, J. D. Foster, Heritage Foundation, all of Wash- after receiving testimony from Lynn E. Turner, ington, D.C.; and Michelle Hanlon, Massachusetts former Chief Accountant, Securities and Exchange Institute of Technology Sloan School of Manage- Commission, Mountain View, California; William D. ment, Cambridge. Waddill, OncoMed Pharmaceuticals, Inc., Redwood City, California, on behalf of the Biotechnology In- INTERNATIONAL DEVELOPMENT BUDGET dustry Organization; Jay R. Ritter, University of Committee on Foreign Relations: Committee concluded Florida Warrington College of Business Administra- a hearing to examine the President’s proposed budg- tion, Gainesville; Kathleen Shelton Smith, Renais- et request for fiscal year 2013 for international de- sance Capital, LLC, Greenwich, Connecticut; and velopment priorities, after receiving testimony from Timothy Rowe, Cambridge Innovation Center, Cam- Rajiv Shah, Administrator, United States Agency for bridge, Massachusetts. International Development.

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NOMINATION nominations of Mark A. Robbins, of California, to be Committee on Homeland Security and Governmental Af- a Member of the Merit Systems Protection Board, fairs: Committee concluded a hearing to examine the and Roy Wallace McLeese III, to be an Associate nomination of Tony Hammond, of Missouri, to be Judge of the District of Columbia Court of Appeals, a Commissioner of the Postal Regulatory Commis- who was introduced by Representative Norton, after sion, after the nominee, who was introduced by Sen- the nominees testified and answered questions in ator Blunt, testified and answered questions in his their own behalf. own behalf. INTELLIGENCE Select Committee on Intelligence: Committee held closed NOMINATIONS hearings on intelligence matters, receiving testimony Committee on Homeland Security and Governmental Af- from officials of the intelligence community. fairs: Committee concluded a hearing to examine the Committee recessed subject to the call. h House of Representatives M. Payne, a Representative from the State of New Chamber Action Jersey. Page H1179 Public Bills and Resolutions Introduced: 6 public In Memory of the late Honorable Donald Payne bills, H.R. 4144–4149; and 2 resolutions, H. Res. of New Jersey: The House agreed to H. Res. 571, 571, 573 were introduced. Page H1209 expressing the condolences of the House on the Additional Cosponsors: Pages H1209–10 death of the Honorable Donald M. Payne, a Rep- Reports Filed: Reports were filed today as follows: resentative from the State of New Jersey. Page H1179 Supplemental report on H.R. 3606, to increase Whole Number of the House: The Chair an- American job creation and economic growth by im- nounced to the House that, in light of the passing proving access to the public capital markets for of Representative Payne of New Jersey, the whole emerging growth companies (H. Rept. 112–406, Pt. number of the House is adjusted to 433. Page H1179 2) and Bureau of Reclamation Small Conduit Hydro- H. Res. 572, providing for consideration of the power Development and Rural Jobs Act: The bill (H.R. 3606) to increase American job creation House began consideration of H.R. 2842, to author- and economic growth by improving access to the ize all Bureau of Reclamation conduit facilities for public capital markets for emerging growth compa- hydropower development under Federal Reclamation nies (H. Rept. 112–409). Page H1209 law. Further proceedings were postponed. Speaker: Read a letter from the Speaker wherein he Pages H1173–78, H1179–90 appointed Representative Jenkins to act as Speaker Pursuant to the rule, the amendment in the na- pro tempore for today. Page H1155 ture of a substitute recommended by the Committee on Natural Resources now printed in the bill shall Recess: The House recessed at 11:01 a.m. and re- be considered as an original bill for the purpose of convened at 12 noon. Page H1162 amendment under the five-minute rule. Page H1186 Suspensions: The House agreed to suspend the rules Agreed to: and pass the following measure: Tipton amendment (No. 2 printed in the Con- Applying the countervailing duty provisions of gressional Record of March 5, 2012) that strikes the Tariff Act of 1930 to nonmarket economy ‘‘2011’’ and inserts ‘‘2012’’ in section 1. Page H1187 countries: H.R. 4105, to apply the countervailing Rejected: duty provisions of the Tariff Act of 1930 to non- Ellison amendment (No. 3 printed in the Con- market economy countries, by a yea-and-nay vote of gressional Record of March 5, 2012) that sought to 370 yeas to 39 nays, Roll No. 96. state that section 2 of the bill and the amendments made by section 2 should not take effect unless the Pages H1166–73, H1178 Secretary finds that such section and amendments, if Moment of Silence: The House observed a moment in effect, shall not result in a net loss of jobs. of silence in memory of the late Honorable Donald Pages H1188–90

VerDate Mar 15 2010 05:18 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR2.REC D06MRPT1 jbell on DSK7SPTVN1PROD with DIGEST March 6, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D195 Proceedings Postponed: APPROPRIATIONS—AIR FORCE BUDGET Napolitano amendment (No. 1 printed in the Committee on Appropriations: Subcommittee on Defense Congressional Record of March 5, 2012) that seeks held a hearing on FY 2013 Budget Request for the to strike the exemption for small conduit hydro- U.S. Air Force. Testimony was heard from Michael power development from the National Environ- B. Donley, Secretary of the Air Force; and General mental Policy Act of 1969. Pages H1187–88 Norton A. Schwartz, Chief of Staff, Air Force. H. Res. 570, the rule providing for consideration of the bill, was agreed to by voice vote after the pre- APPROPRIATIONS—NATIONAL SCIENCE vious question was ordered by a yea-and-nay vote of FOUNDATION 232 yeas to 177 nays, Roll No. 97. Pages H1179–80 Committee on Appropriations: Subcommittee on Com- Quorum Calls—Votes: Two yea-and-nay votes de- merce, Justice, Science, and Related Agencies held a veloped during the proceedings of today and appear hearing on FY 2013 Budget Request for the Na- on pages H1178 and H1179–80. There were no tional Science Foundation. Testimony was heard quorum calls. from Subra Suresh, Director, National Science Foun- dation. Adjournment: The House met at 10 a.m. and at 6:48 p.m., pursuant to the provisions of H. Res. APPROPRIATIONS—U.S. COAST GUARD 571, it stands adjourned in memory of the late Hon- BUDGET orable Donald Payne. Committee on Appropriations: Subcommittee on Home- land Security held a hearing on FY 2013 Budget Request for the U.S. Coast Guard. Testimony was Committee Meetings heard from Admiral Robert J. Papp, Jr., Com- mandant, U.S. Coast Guard. APPROPRIATIONS—U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT APPROPRIATIONS—SECURITIES AND Committee on Appropriations: Subcommittee on State EXCHANGE COMMISSION Foreign Operations, and Related Programs held a Committee on Appropriations: Committee on Financial hearing on FY 2013 Budget Request for the U.S. Services held a hearing on FY 2013 Budget Request Agency for International Development. Testimony for the Securities and Exchange Commission. Testi- was heard from Rajiv Shah, Administrator, USAID. mony was heard from Mary L. Schapiro, Chairman, Securities and Exchange Commission. APPROPRIATIONS—BUREAU OF LAND APPROPRIATIONS—NATIONAL NUCLEAR MANAGEMENT SECURITY ADMINISTRATION Committee on Appropriations: Subcommittee on Inte- Committee on Appropriations: Subcommittee on Energy rior, Environment, and Related Agencies held a and Water Development, and Related Agencies held hearing on FY 2013 Budget for the Bureau of Land a hearing on FY 2013 Budget Request for the Nu- Management. Testimony was heard from Robert clear Nonproliferation and Naval Reactors and Na- Abbey, Director, Bureau of Land Management; and tional Nuclear Security Administration. Testimony Karen Mouritsen, Budget Officer. was heard from the following National Nuclear Se- curity Administration officials: Thomas D’Agostino, APPROPRIATIONS—DEPARTMENT OF Administrator; Anne Harrington, Deputy Adminis- AGRICULTURE trator for Defense Nuclear Nonproliferation; and Ad- Committee on Appropriations: Subcommittee on Agri- miral Kirkland Donald, Director, Naval Reactors. culture, Rural Development, Food and Drug Admin- istration, and Related Agencies held a hearing on FY APPROPRIATIONS—U.S. GEOLOGICAL 2013 Budget Request for the Department of Agri- SURVEY culture. Testimony was heard from the following Committee on Appropriations: Subcommittee on Inte- Department of Agriculture officials: Ed Avalos, rior, Environment, and Related Agencies held a Under Secretary, Marketing and Regulatory Pro- hearing on FY 2013 Budget Request for the U.S. grams; Gregory L. Parham, Administrator, Animal Geological Survey. Testimony was heard from Marcia and Plant Health Inspection Service; Alan Christian, K. McNutt, Director, U.S. Geological Survey; Su- Acting Administrator, Grain, Inspection Packers and zette Kimball, Deputy Director, U.S. Geological Stockyards; Robert Keeney, Acting Administrator, Survey; and Carla Burzyk, Director, Office of Budg- Agricultural Marketing Service; and Michael Young, et, Planning, and Integration, U.S. Geological Sur- Budget Officer. vey.

VerDate Mar 15 2010 05:18 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR2.REC D06MRPT1 jbell on DSK7SPTVN1PROD with DIGEST D196 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2012 APPROPRIATIONS—HEALTH AND HUMAN rector, Operational Test and Evaluation, Office of SERVICES the Secretary of Defense. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related MISCELLANEOUS MEASURES Agencies held a hearing on FY 2013 Budget Re- Committee on Energy and Commerce: Full Committee quest for Health and Human Services. Testimony held a markup of the following: H.R. 452, the was heard from Kathleen Sebelius, Secretary, Depart- ‘‘Medicare Decisions Accountability Act of 2011’’; ment of Health and Human Services. H.R. 3309, the ‘‘Federal Communications Commis- APPROPRIATIONS—BUREAU OF PRISONS sion Process Reform Act’’; and H.R. 3310, the ‘‘Fed- eral Communications Commission Consolidated Re- Committee on Appropriations: Commerce, Justice, porting Act’’. The bills were ordered reported, as Science, and Related Agencies held a hearing on FY amended. 2013 Budget request for the Bureau of Prisons. Tes- timony was heard from Charles E. Samuels, Jr., Di- MISCELLANEOUS MEASURE rector, Bureau of Prisons. Committee on Financial Services: Full Committee held U.S. SOUTHERN COMMAND AND U.S. a markup of ‘‘Approval of Views and Estimates of NORTHERN COMMAND the Committee on Financial Services on matter to be Committee on Armed Services: Full Committee held a set forth in the Concurrent Resolution on the Budg- hearing on Fiscal Year 2013 National Defense Au- et for Fiscal Year 2013’’. The legislation was passed, thorization Budget Requests from U.S. Southern as amended. Command and U.S. Northern Command. Testimony was heard from General Douglas M. Fraser, USAF TERRORIST AND THE VISA OVERSTAY Commander, U.S. Southern Command; and General PROBLEM Charles H. Jacoby, Jr., Commander, U.S. Northern Command and North American Aerospace Defense Committee on Homeland Security: Subcommittee on Command. Border and Maritime Security held a hearing entitled ‘‘From the 9/11 Hijackers to Amine el-Khalifi: Ter- MILITARY PERSONNEL BUDGET rorists and the Visa Overstay Problem’’. Testimony OVERVIEW was heard from John Cohen, Deputy Counter-Ter- Committee on Armed Services: Subcommittee on Mili- rorism Coordinator, Department of Homeland Secu- tary Personnel held a hearing on military personnel rity; Peter T. Edge, Deputy Associate Director, budget overview—service personnel chiefs’ perspec- Homeland Security Investigation, Immigration and tives. Testimony was heard from Lieutenant General Customs Enforcement, Department of Homeland Se- Thomas P. Bostick, USA, Deputy Chief of Staff, curity; and David Dohahue, Deputy Assistant Sec- G–1, U.S. Army; Vice Admiral Scott R. Van retary of State for Consular Affairs, Department of Buskirk, USN, Chief of Naval Personnel, Deputy Homeland Security. Chief of Naval Operations, U.S. Navy; Sheryl E. Murray, Assistant Deputy Commandant for Man- CHEMICAL FACILITIES ANT-ERRORISM power and Reserve Affairs, U.S. Marine Corps; and STANDARDS PROGRAM Lieutenant General Darrell D. Jones, USAF, Deputy Committee on Homeland Security: Subcommittee on Cy- Chief Staff, Manpower and Personnel, U.S. Air Force. bersecurity, Infrastructure Protection, and Security NATIONAL DEFENSE AUTHORIZATION Technologies held a hearing entitled ‘‘The Chemical Committee on Armed Services: Subcommittee on Stra- Facilities Anti-Terrorism Standards Program: Ad- tegic Forces held a hearing on the Fiscal Year 2013 dressing Its Challenges and Finding a Way For- National Defense Authorization Budget Request for ward’’. Testimony was heard from Rand Beers, Missile Defense. Testimony was heard from Bradley Under Secretary, National Protection and Programs H. Roberts, Deputy Assistant Secretary of Defense, Directorate, Department of Homeland Security; Nuclear and Missile Defense Policy, Office of the Penny J. Anderson, Director, Infrastructure Security Secretary of Defense; Lieutenant General Patrick Compliance Division, Office of Infrastructure Protec- O’Reilly, USA, Director, Missile Defense Agency; tion, Department of Homeland Security; David David G. Ahern, Deputy Assistant Secretary of De- Wulf, Deputy Director, Infrastructure Security Com- fense, Portfolio Systems Acquisition, Office of the pliance Division, Office of Infrastructure Protection, Under Secretary of Defense for Acquisition, Tech- Department of Homeland Security; and public wit- nology, and Logistics; and J. Michael Gilmore, Di- nesses.

VerDate Mar 15 2010 05:18 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR2.REC D06MRPT1 jbell on DSK7SPTVN1PROD with DIGEST March 6, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D197 MISCELLANEOUS MEASURE titled ‘‘The Pros and Cons of Making the Census Committee on the Judiciary: Full Committee held a Bureau’s American Community Survey Voluntary’’. markup of H.R. 4119, the ‘‘Board Tunnel Preven- Testimony was heard from Representative Poe, TX; tion Act of 2012’’. The bill was ordered reported Robert Groves, Director, U.S. Census Bureau; and without amendment. public witnesses. EFFECTS OF THE PRESIDENT’S FY 2013 REOPENING AMERICAN CAPITAL BUDGET AND LEGISLATIVE PROPOSALS MARKETS TO EMERGING GROWTH FOR THE OFFICE OF SURFACE MINING COMPANIES ACT OF 2011 Committee on Natural Resources: Subcommittee on En- Committee on Rules: Full Committee held a hearing on ergy and Mineral Resources held a hearing on ‘‘Ef- H.R. 3606, the ‘‘Reopening American Capital Mar- fect of the President’s FY2013 Budget and Legisla- kets to Emerging Growth Companies Act of 2011’’. tive Proposals for the Office of Surface Mining on The Committee, granted by voice vote, a structured Private Sector Job Creation, Domestic Energy Pro- rule providing one hour of general debate equally di- duction, State Programs and Deficit Reduction’’. vided and controlled by the chair and ranking mi- Testimony was heard from Joseph Pizarchik, Direc- nority member of the Committee on Financial Serv- tor, Office of Surface Mining Reclamation and En- ices. The rule waives all points of order against con- forcement; Gregory E. Conrad, Executive Director, sideration of the bill. The rule provides that an Interstate Mining Compact Commission; and public amendment in the nature of a substitute consisting witnesses. of the text of Rules Committee Print 112–17 shall PRESIDENT’S FY 2013 BUDGET REQUEST be considered as adopted and the bill, as amended, FOR NOAA, OIA, AND FISH AND WILDLIFE shall be considered as original text for the purpose SERVICE of amendment and shall be considered as read. The rule waives all points of order against provisions in Committee on Natural Resources: Subcommittee on the bill, as amended. The rule makes in order only Fisheries, Wildlife, Oceans, and Insular Affairs held those further amendments printed in the Rules a hearing on ‘‘Spending for the National Oceanic Committee report. Each such amendment may be of- and Atmospheric Administration, the Office of Insu- fered only in the order printed in the report, may lar Affairs, the U.S. Fish and Wildlife Service and be offered only by a member designated in the re- the President’s Fiscal Year 2013 Budget Request for port, shall be considered as read, shall be debatable these Agencies’’. Testimony was heard from Jane for the time specified in the report equally divided Lubchenco, Undersecretary of Commerce for Oceans and controlled by the proponent and an opponent, and Atmosphere, Administrator, National Oceanic shall not be subject to amendment, and shall not be and Atmospheric Administration; Dan Ashe, Direc- subject to a demand for division of the question. The tor, U.S. Fish and Wildlife Service; and Tom rule waives all points of order against the amend- Bussanich, Director of Budget, Office of Insular Af- ments printed in the report. Finally, the rule pro- fairs. vides one motion to recommit with or without in- INDIAN HEALTH SERVICE AND OFFICE OF structions. Testimony was heard from Representa- SPECIAL TRUSTEE FOR AMERICAN tives Capito; Schweikert; Frank, MA; and Waters. INDIANS BUDGET REQUEST BUDGET OVERVIEW OF THE NATIONAL Committee on Natural Resources: Subcommittee on In- INSTITUTE OF STANDARDS AND dian and Alaska Native Affairs held a hearing enti- TECHNOLOGY tled ‘‘2013 Budget Request of the Indian Health Service and of the Office of Special Trustee for Committee on Science, Space, and Technology: Sub- American Indians’’. Testimony was heard from committee on Technology and Innovation held a Yvette Roubideaux, Director, Indian Health Service; hearing entitled ‘‘An Overview of the National Insti- Michele F. Singer, Acting Principal Deputy Special tute of Standards and Technology Budget for Fiscal Trustee, Department of the Interior; and public wit- Year 2012’’. Testimony was heard from Patrick nesses. Gallaher, Under Secretary of Commerce for Standards and Technology and Director, National Institute of PROS AND CONS OF MAKING THE CENSUS Standards and Technology. BUREAU’S AMERICAN COMMUNITY SURVEY VOLUNTARY BUDGET OVERVIEW OF NOAA AND EPA Committee on Oversight and Government Reform: Sub- Committee on Science, Space, and Technology: Sub- committee on Health Care, District of Columbia, committee on Energy and Environment held a hear- Census and the National Archives held a hearing en- ing entitled ‘‘An Overview of the National Oceanic

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Heritage Area, S. 1150, to establish the Susquehanna Gateway National Heritage Area in the State of Pennsyl- DEPARTMENT OF VETERANS’ AFFAIRS vania, S. 1191, to direct the Secretary of the Interior to DUBIOUS CONTRACTING PRACTICES: carry out a study regarding the suitability and feasibility SAVANNAH of establishing the Naugatuck River Valley National Her- Committee on Veterans’ Affairs: Subcommittee on Over- itage Area in Connecticut, S. 1198, to reauthorize the sight and Investigations held a hearing entitled Essex National Heritage Area, S. 1215, to provide for the exchange of land located in the Lowell National Histor- ‘‘VA’s Dubious Contracting Practices: Savannah’’. ical Park, S. 1589, to extend the authorization for the Testimony was heard from Robert L. Neary, Acting Coastal Heritage Trail in the State of New Jersey, S. Director, Office of Construction and Facilities Man- 1708, to establish the John H. Chafee Blackstone River agement, Department of Veterans’ Affairs; and pub- Valley National Historical Park, H.R. 1141, to authorize lic witnesses. the Secretary of the Interior to study the suitability and INDEPENDENT PAYMENT ADVISORY feasibility of designating prehistoric, historic, and lime- BOARD AND MEDICARE stone forest sites on Rota, Commonwealth of the North- ern Mariana Islands, as a unit of the National Park Sys- Committee on Ways and Means: Subcommittee on tem, H.R. 2606, to authorize the Secretary of the Interior Health held a hearing on how the Independent Pay- to allow the construction and operation of natural gas ment Advisory Board (IPAB) will impact the Medi- pipeline facilities in the Gateway National Recreation care program, its beneficiaries, and health care pro- Area, S. 2131, to reauthorize the Rivers of Steel National viders. Testimony was heard from public witnesses. Heritage Area, the Lackawanna Valley National Heritage Area, and the Delaware and Lehigh National Heritage Joint Meetings Corridor, and S. 2133, to reauthorize the America’s Agri- No joint committee meetings were held. cultural Heritage Partnership in the State of Iowa, 2:30 p.m., SD–366. f Committee on Finance: To hold hearings to examine the COMMITTEE MEETINGS FOR WEDNESDAY, President’s 2012 trade agenda, 10 a.m., SD–215. MARCH 7, 2012 Committee on the Judiciary: To hold hearings to examine lending discrimination practices and foreclosure abuses, (Committee meetings are open unless otherwise indicated) 10 a.m., SD–226. Senate Committee on Veterans’ Affairs: To hold joint hearings to examine a legislative presentation from the Veterans of Committee on Agriculture, Nutrition, and Forestry: To hold Foreign Wars (VFW), 10 a.m., SD–G50. hearings to examine healthy food initiatives, local produc- Special Committee on Aging: To hold hearings to examine tion, and nutrition, 9:30 a.m., SH–216. opportunities for savings, focusing on removing obstacles Committee on Appropriations: Subcommittee on Depart- for small business, 2 p.m., SD–562. ments of Labor, Health and Human Services, and Edu- cation, and Related Agencies, to hold hearings to examine House proposed budget estimates for fiscal year 2013 for the Department of Health and Human Services, 10 a.m., Committee on Agriculture, Full Committee, hearing on SD–124. budget views and estimates letter of the Committee on Subcommittee on Department of Defense, to hold hear- Agriculture for the agencies and programs under jurisdic- ings to examine proposed budget estimates for fiscal year tion of the Committee for FY 2013, 10 a.m., 1300 Long- 2013 for the Department of the Navy, 10:30 a.m., worth. SD–192. Committee on Appropriations, Subcommittee on Com- Committee on Armed Services: To hold hearings to exam- merce, Justice, Science, and Related Agencies, hearing on ine the situation in Syria; with the possibility of a closed FY 2013 Budget Request for the Federal Bureau of Inves- session in SVC–217 following the open session, 9 a.m., tigations, 9 a.m., 2359 Rayburn. SD–106. Subcommittee on Defense, hearing on FY 2013 Budget Committee on Commerce, Science, and Transportation: To Request for the Army, 10 a.m., H–140 Capitol. hold hearings to examine priorities, plans, and progress of Subcommittee on Agriculture, Rural Development, the nation’s space program, 10 a.m., SR–253. Food and Drug Administration, and Related Agencies, Subcommittee on Oceans, Atmosphere, Fisheries, and hearing on FY 2013 Budget Request for the Department Coast Guard, to hold hearings to examine the President’s of Agriculture, 10 a.m., 2362–A Rayburn.

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Subcommittee on Homeland Security, hearing on FY national Civil Aviation Organization (ICAO), 10 a.m., 2013 Budget Request for Federal Emergency Manage- 2172 Rayburn. ment Agency, 10 a.m., 2358–A Rayburn. Subcommittee on Terrorism, Nonproliferation, and Subcommittee on Energy and Water Development, and Trade, hearing entitled ‘‘The State Department’s Reward Related Agencies, hearing on FY 2013 Budget Request Programs: Performance and Potential’’, 2 p.m., 2127 for Nuclear Energy and Nuclear Regulatory Commission, Rayburn. 10 a.m., 2362–B Rayburn. Committee on Homeland Security, Subcommittee on Trans- Subcommittee on Interior, Environment, and Related portation Security, markup of H.R. 2179, to amend title Agencies, hearing on FY 2013 Budget Request for the 49, United States Code, to direct the Assistant Secretary Bureau of Ocean Energy Management/Bureau of Safety of Homeland Security (Transportation Security Adminis- and Environmental Enforcement Budget, 1 p.m., B–308 tration) to transfer unclaimed money recovered at airport Rayburn. security checkpoints to United Service Organization, In- Subcommittee on Military Construction, Veterans Af- corporated, and for other purposes, 10:30 a.m., 311 Can- fairs, and Related Agencies, hearing on Installation, Envi- non. ronment, and BRAC, 2 p.m., H–140 Capitol. Committee on the Judiciary, Subcommittee on Crime, Subcommittee on Energy and Water Development, and Terrorism, and Homeland Security, hearing entitled ‘‘The Related Agencies, hearing on FY 2013 Budget Request Prescription Drug Epidemic in America’’, 10 a.m., 2141 for the U.S. Army Corps of Engineers, 2 p.m., 2362–B Rayburn. Rayburn. Subcommittee on Immigration Policy and Enforce- Subcommittee on Financial Services and General Gov- ment, hearing on H.R. 3808, the ‘‘Scott Gardner Act’’, ernment, hearing on Fiscal Year 2013 Budget Request for 1:30 p.m., 2141 Rayburn. the Treasury Inspector General, 2 p.m., 2359 Rayburn. Committee on Natural Resources, Full Committee, hearing Committee on Armed Services, Full Committee, hearing on entitled ‘‘The Council on Environmental Quality’s Fiscal the Fiscal Year 2013 National Defense Authorization Year 2013 Funding Request and the Effects on NEPA, Budget Requests from U.S. Central Command, U.S. Spe- National Ocean Policy and Other Federal Environmental cial Operations Command and U.S. Transportation Com- Policy Initiatives’’, 10 a.m., 1324 Longworth. mand, 10 a.m., 2118 Rayburn. Committee on Science, Space, and Technology, Full Com- Subcommittee on Seapower and Projection Forces, mittee, hearing entitled ‘‘An Overview of the National hearing on assessing mobility airlift capabilities and oper- Aeronautics and Space Administration Budget for Fiscal ational risks under the revised 2012 defense strategy, Year 2013’’, 2 p.m., 2318 Rayburn. 3:30 p.m., 2118 Rayburn. Committee on Small Business, Full Committee, markup of Committee on Energy and Commerce, Subcommittee on the following: Views and Estimates on the Small Business Communications and Technology, hearing entitled ‘‘Cy- Administration’s FY 2013 budget request; H.R. 3850, bersecurity: The Pivotal Role of Communications Net- the ‘‘Government Efficiency through Small Business Con- works’’, 10 a.m., 2123 Rayburn. tracting Act of 2012’’; H.R. 3851, the ‘‘Small Business Subcommittee on Energy and Power, hearing entitled Advocate Act of 2012’’; H.R. 3893, the ‘‘Subcontracting ‘‘The American Energy Initiative: Rising Gasoline Transparency and Reliability Act of 2012’’; H.R. 3980, Prices’’, 10:30 a.m., 2322 Rayburn. the ‘‘Small Business Opportunity Act of 2012’’; H.R. Committee on Financial Services, Subcommittee on Capitol 4118, the ‘‘Small Business Procurement Improvement Act Markets and Government Sponsored Enterprises, hearing of 2012’’; and H.R. 4121, the ‘‘Early Stage Small Busi- entitled ‘‘The Securities Investor Protection Corporation: ness Contracting Act of 2012’’, 1 p.m., 2360 Rayburn. Past, Present, and Future’’ 9:30 a.m., 2128 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Foreign Affairs, Full Committee, markup of committee on Coast Guard and Maritime Transportation, the following: H.R. 2106, the ‘‘Syria Freedom Support hearing entitled ‘‘Protecting Maritime Jobs and Enhanc- Act’’; H.R. 890, the ‘‘Holocaust Insurance Accountability ing Marine Safety in the Post-Budget Control Act Fiscal Act of 2011’’; H.R. 1410 the ‘‘Vietnam Human Rights Environment: A Review of the Administration’s Fiscal Act of 2011’’; H.R. 3783, the ‘‘Countering Iran in the Year 2013 Coast Guard and Maritime Transportation Western Hemisphere Act of 2012’’; H.R. 4041, the ‘‘Ex- Budget Request’’, 10 a.m., 2167 Rayburn. port Promotion Reform Act’’; and S. Con. Res. 17, a con- Committee on Ways and Means, Full Committee, hearing current resolution expressing the sense of Congress that entitled ‘‘Closely-Held Businesses in the Context of Tax Taiwan should be accorded observer status in the Inter- Reform’’, 10 a.m., 1100 Longworth.

VerDate Mar 15 2010 05:18 Mar 07, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR2.REC D06MRPT1 jbell on DSK7SPTVN1PROD with DIGEST D200 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2012

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, March 7 10 a.m., Wednesday, March 7

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Complete consideration of morning business (not to extend beyond one hour), Senate H.R. 2842—Bureau of Reclamation Small Conduit Hy- will continue consideration of S. 1813, Moving Ahead for dropower Development and Rural Jobs Act. Begin con- Progress in the 21st Century. sideration of H.R. 3606—Reopening American Capital (Senate will recess from 5 p.m. until 6 p.m. for a Senators Markets to Emerging Growth Companies Act (Subject to only briefing.) a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Farenthold, Blake, Tex., E317 Moran, James P., Va., E321 Graves, Sam, Mo., E318, E318, E319, E319, E320, E320 Pence, Mike, Ind., E317 Clyburn, James E., S.C., E318, E324 Grijalva, Rau´ l M., Ariz., E318 Petri, Thomas E., Wisc., E319 Coffman, Mike, Colo., E323 Higgins, Brian, N.Y., E320 Smith, Christopher H., N.J., E321 Connolly, Gerald E., Va., E320, E321, E322, E322, E322, Issa, Darrell E., Calif., E317 Turner, Michael R., Ohio, E322 E323, E323, E324 Jordan, Jim, Ohio, E322 Courtney, Joe, Conn., E323 Kucinich, Dennis J., Ohio, E320 Visclosky, Peter J., Ind., E317 Denham, Jeff, Calif., E319 Lance, Leonard, N.J., E322 Woolsey, Lynn C., Calif., E320 Dold, Robert J., Ill., E319 Larsen, Rick, Wash., E317

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