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

Vol. 157 WASHINGTON, MONDAY, JULY 11, 2011 No. 102 House of Representatives The House met at noon and was It is a biblical principle for myself increase the debt ceiling without be- called to order by the Speaker pro tem- and my family. Proverbs 22:7 states: ginning to solve the debt problem, we pore (Mr. HARRIS). ‘‘The borrower is slave to the lender.’’ did not avert the economic disaster; we f Proverbs 22 applies to families, and accelerated the disaster. I understand Proverbs 22 applies to nations. If we we’re painted into a corner, and we DESIGNATION OF SPEAKER PRO were living within our means as a Na- cannot balance our budget instantly TEMPORE tion, almost all the debate in the last without completely collapsing this The SPEAKER pro tempore laid be- 6 months in this Chamber would have fragile economy. I get it. But I also get fore the House the following commu- been different. that we were sent here to make adult nication from the Speaker: We’ve tried every method in the choices. WASHINGTON, DC, Fed’s bag of tricks to protect our inter- This is a bipartisan problem. We all July 11, 2011. est rate, because if the rate goes up at point fingers at each other, but we all I hereby appoint the Honorable ANDY HAR- all, the house of cards falls. We work to know both parties made promises with RIS to act as Speaker pro tempore on this manipulate banks, mortgage lending no plan to pay for it. So since we know day. and manufacturing because we must that, why don’t we also agree to a bi- JOHN A. BOEHNER, keep revenue up. We carefully manage Speaker of the House of Representatives. partisan solution? I’ve heard a hundred every relationship worldwide because times since I’ve been here, we need a f we need the borrowing liquidity. We balanced approach to solving this prob- MORNING-HOUR DEBATE pour billions of dollars into the econ- lem. Well, let me tell you I agree. We omy that we borrow from future gen- The SPEAKER pro tempore. Pursu- do need a balanced approach—a bal- erations because we’re afraid this gen- anced budget amendment approach. ant to the order of the House of Janu- eration will have to make hard choices That is the first big step to forcing us ary 5, 2011, the Chair will now recog- if we do not keep up the borrow pace. to get into balance permanently. nize Members from lists submitted by Our economy struggles, which leads The Constitution is not a Republican the majority and minority leaders for Washington regulators to overmanage or a Democrat document. A balanced morning-hour debate. every sector, which causes even more budget amendment is not a Republican The Chair will alternate recognition economic uncertainty. between the parties, with each party Our focus has shifted from families to or a Democrat issue. You see, you can’t limited to 1 hour and each Member corporate bailouts because we’re living make changes to the Constitution other than the majority and minority beyond our means, and we’re trying ev- without both parties engaged. But if leaders and the minority whip limited erything we can to make it work. It’s both parties actually worked together, to 5 minutes each, but in no event shall not sustainable. We have to get back in we can solve this debt crisis for our debate continue beyond 1:50 p.m. balance. children and grandchildren. f Capital investment in business and The last time this body dealt seri- ously with a balanced budget amend- BALANCED BUDGET AMENDMENT industry is slower because so much of the money that would go toward start- ment was 1996. It passed this House The SPEAKER pro tempore. The ing new businesses is actually financ- with overwhelming bipartisan support, Chair recognizes the gentleman from ing our national debt obligation. and it failed in the Senate by a single Oklahoma (Mr. LANKFORD) for 5 min- There’s only a limited amount of vote. Can you imagine for a moment utes. money in the world economy at any what our financial condition would be Mr. LANKFORD. Nineteen years ago, one moment to subsidize our debt and like right now if we’d started balancing when my wife and I married, I was still the debt of other nations around the our budget during the good economic in school, I was working as much as I world. When we consume that money times of the 1990s and kept that dis- could, and she was also working, but for our debt payments, we remove it cipline to this present day? we were barely making it. But we made from the market. If you want to know the true con- the decision we were not going to run America is the world leader. Unfortu- sequences of that failed balanced budg- up credit card debt and live beyond our nately, we have led the world in debt et amendment vote in 1996, point to the means. We paid our school loans, we and deficit spending, and now it’s time financial collapse of 2008, because I be- tithed to our church, we ate a lot of we lead the world in how to solve a lieve the financial collapse of 2008 peanut butter, and we lived simply. As debt crisis. would not have occurred if we had bal- Dave Ramsey says, ‘‘We determined to You see, I believe we have a debt cri- anced the budget when we did. Even if act our wage.’’ sis, not a debt ceiling vote crisis. If we we did, we would be in a position to

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.

H4797

.

VerDate Mar 15 2010 00:09 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.000 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4798 CONGRESSIONAL RECORD — HOUSE July 11, 2011 better respond to it. We can either ness to this Nation and to all people. SUPPORTING ENERGY AND WATER learn from that lesson or repeat it. The Ever remind them of the needs of the APPROPRIATIONS BILL balanced budget amendment passed the poor, the homeless or forgotten, and (Mrs. BIGGERT asked and was given Senate in the 1980s and failed in the those who live without freedom or lib- permission to address the House for 1 House. Then it passed in the nineties in erty. May they be instruments of jus- minute.) the House and failed in the Senate. tice for all citizens. May Your spirit Mrs. BIGGERT. Mr. Speaker, I rise in This is the moment we will either live with them, and with each of us, support of H.R. 2354. I commend the doom the next generation of Americans and may Your grace surround us and work of my colleagues, Chairman to more financial uncertainty or we those we love that in all things we may FRELINGHUYSEN and Ranking Member will solve the problem. be the people You would have us be in VISCLOSKY of Energy and Water Devel- A balanced budget amendment solves service to this great Nation. opment appropriations, for their efforts the S&P and Moody’s rating question May all that is done within the peo- to balance important energy and infra- because it settles the issue forever that ple’s House this day be for Your great- structure funding in nuclear energy, we will live within our means. While er honor and glory. Amen. the Army Corps of Engineers, and in this body should be able to make tough f particular the Office of Science. choices, we all know full well this body Strong funding at DOE is critical for will make the tough choices only when THE JOURNAL the development of future reactor tech- it has to. It has always been that way; nologies and licensing for new nuclear it always will be that way. A balanced The SPEAKER pro tempore. The and small modular nuclear power. budget amendment gives future Con- Chair has examined the Journal of the Similarly, healthy funding for the gresses the gift of a moment each year last day’s proceedings and announces Army Corps of Engineers is vital to our when they must make tough choices. to the House his approval thereof. waterway commerce, protection from Let’s bring up the amendment. Pursuant to clause 1, rule I, the Jour- invasive species and water quality in Let’s send it to the States for a vote. nal stands approved. the Midwest. It is the ultimate ‘‘allow the people to f Finally, by maintaining our invest- speak’’ moment. I think Americans get ment in the Office of Science, Congress this more than Washington gets this. PLEDGE OF ALLEGIANCE will preserve our capacity to innovate, Forty-nine of our 50 States have a enhance our competitive edge in the The SPEAKER pro tempore. Will the structure in place right now for a bal- global economy, and create good Amer- gentleman from Indiana (Mr. VIS- anced budget every single year. They ican jobs well into the future. Mr. CLOSKY) come forward and lead the make it work every year. We can too. Speaker, I ask my colleagues to sup- House in the Pledge of Allegiance. The only fear from Washington is the port the Office of Science. inability to spend more money at will Mr. VISCLOSKY led the Pledge of Al- and to control the States with our pref- legiance as follows: f erences and money. I pledge allegiance to the Flag of the ENOUGH OF THE BACKROOM At the end of this labor, if we birth a United States of America, and to the Repub- DEALS balanced budget amendment, all the lic for which it stands, one nation under God, indivisible, with liberty and justice for all. (Mr. FLEMING asked and was given pain of this process will have been permission to address the House for 1 worth it. Let’s show the Nation we can f minute.) work together. Let’s solve the debt Mr. FLEMING. Mr. Speaker, enough problem. Let’s take up and pass a bal- HIGHER TAXES KILL JOBS with the backroom dealing on the debt anced budget amendment to the Con- (Mr. WILSON of South Carolina ceiling. The debate has continued for stitution, and then let’s get to work in asked and was given permission to ad- months behind closed doors in the pro- solving our debt crisis. dress the House for 1 minute and to re- verbial ‘‘smoke-filled room’’ with noth- f vise and extend his remarks.) ing to show for the effort. As a con- RECESS Mr. WILSON of South Carolina. Mr. gressman, why should I be forced to pe- Speaker, sadly, with the unemploy- ruse cable stations and blog sites for The SPEAKER pro tempore. Pursu- ment rate rising on Friday, today’s In- information on the discussions—and ant to clause 12(a) of rule I, the Chair vestor’s Business Daily’s lead editorial then be asked to vote for the deal when declares the House in recess until 2 is correct: With unemployment now at I have no input and no time to know p.m. today. 9.2 percent and job growth at a stand- even what’s in it? Accordingly (at 12 o’clock and 7 min- still, is there anyone not blinded by Let’s pull back the shades and open utes p.m.), the House stood in recess ideology or rank partnership who can’t the window. Let’s put the sunlight and until 2 p.m. see that Obama’s spend-and-regulate fresh air on this discussion. Should we f economic plan has been an utter fail- cut spending? Should we reform enti- b 1400 ure?’’ Citing that the unemployment tlements? Should we have a balanced rate has dipped below 9 percent in only budget amendment? AFTER RECESS 5 of the President’s 29 months in office, Mr. Speaker, let Congress do its job The recess having expired, the House the verdict is clear: ‘‘No President and put the debate right here on the was called to order by the Speaker pro since the Great Depression can match floor. Let’s do this in the people’s tempore (Mr. POE of Texas) at 2 p.m. that record of failure.’’ House for everyone to see. This will be f On Friday, The Hill proclaimed the the way the people and their choice President’s campaign responds that come to fruition. PRAYER people won’t vote based on the unem- f The Chaplain, the Reverend Patrick ployment rate. I believe the American J. Conroy, offered the following prayer: people know better. Even worse, now DON’T TAX JOB CREATORS We give You thanks, O God, for giv- liberals are pushing harder for tax in- (Mr. HARRIS asked and was given ing us another day. We ask Your bless- creases that will kill jobs. Liberals do permission to address the House for 1 ing upon this assembly and upon all to not understand, as The Lexington minute.) whom the authority of government is County Chronicle explained, people’s Mr. HARRIS. Mr. Speaker, another given. We pray that Your spirit of rec- income belongs to them and does not week, and another week that our fiscal onciliation and peace, of goodwill and belong to the government. Tax in- problems in this country are unsolved. understanding, will prevail on the creases hurt small businesses and kill We saw the jobs report—18,000 jobs cre- hearts and in the lives of us all. jobs. ated when we need 350,000 jobs created Encourage the Members of this In conclusion, God bless our troops, in order to get our unemployment rate House, O God, to use their abilities and and we will never forget September the back down to 5 percent. And who can talents in ways that bring righteous- 11th in the global war on terrorism. blame our job creators when all the

VerDate Mar 15 2010 00:09 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.002 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4799 talk in Washington now appears to be Resolution 337 and rule XVIII, the The CHAIR. The Clerk will report the about how we can raise taxes on those Chair declares the House in the Com- amendment. job creators? mittee of the Whole House on the state The Clerk read as follows: I don’t care whether we call it ex- of the Union for the further consider- Page 3, line 5, after the dollar amount, in- penditures in our tax code or revenues, ation of the bill, H.R. 2354. sert ‘‘(reduced by $1,000,000) (increased by what they are are taxes on our job cre- $1,000,000)’’. b 1410 ators, and our job creators have re- The CHAIR. The gentleman is recog- sponded by not creating jobs. Mr. IN THE COMMITTEE OF THE WHOLE nized for 5 minutes. Speaker, what they want is they want Accordingly, the House resolved Mr. KING of Iowa. Mr. Chairman, to know that Washington understands itself into the Committee of the Whole this amendment that decreases a line how to solve this problem. They want House on the state of the Union for the item by a million dollars and then in- to know that we know that we can cut further consideration of the bill (H.R. creases it by a million dollars is the our spending, we can cap our future 2354) making appropriations for energy parliamentarily approved method by spending. and water development and related which we direct some intent into this Mr. Speaker, it’s time for a balanced agencies for the fiscal year ending Sep- appropriation legislation that we have. budget amendment to the Constitution tember 30, 2012, and for other purposes, As a lot of the world knows by now, of the United States. Forty-nine of the with Mr. POE of Texas in the chair. and as I viewed from this morning as it 50 States have it. We should have it The Clerk read the title of the bill. was getting light as we took off from here in Washington so that we never The CHAIR. When the Committee of the Omaha airport, we have water that have to face again the question of how the Whole rose on Friday, July 8, 2011, is a mile to as wide as 11 miles wide, high to raise our debt ceiling and how all time for general debate had expired. and that’s just getting to Missouri, and far to put our children in debt. Pursuant to the rule, the bill shall be it may well be wider downstream Mis- f considered for amendment under the 5- souri. The Missouri River itself, which minute rule. flooded in 1952, and in that year it was GAINESVILLE, GEORGIA—BEST During consideration of the bill for the last flood they hoped for all time. CITY amendment, the Chair may accord pri- They built the Pick-Sloan program. (Mr. GRAVES of Georgia asked and ority in recognition to a Member offer- That is six dams in the Upper Missouri was given permission to address the ing an amendment who has caused it to River. The Corps of Engineers’ con- House for 1 minute and to revise and be printed in the designated place in struction of those was designed to pre- extend his remarks.) the CONGRESSIONAL RECORD. Those vent a flood of similar magnitude of Mr. GRAVES of Georgia. Mr. Speak- amendments will be considered read. 1952. er, I rise today to honor Gainesville, The Clerk will read. What has happened is that in 1952— Georgia, for earning a spot in the Top The Clerk read as follows: for awhile this year they had the larg- 100 ‘‘Best Cities for Job Growth in H.R. 2354 est amount of water to flow down the 2011.’’ Be it enacted by the Senate and House of Missouri River—came down in 1952 in This award is a testament to the Representatives of the United States of America small business owners and the entre- in Congress assembled, That the following April, and that was 13.2 million acre- preneurs in Gainesville who work hard sums are appropriated, out of any money in feet of water. In May of this year, com- every day to innovate and to grow de- the Treasury not otherwise appropriated, for ing out of the Missouri River, it was spite the pressures put on them from energy and water development and related 10.5 million acre-feet of water. And one agencies for the fiscal year ending Sep- Washington and this challenging eco- might think we can deal with that. tember 30, 2012, and for other purposes, Well, we could not. nomic climate. To make the Top 100, namely: the city of Gainesville was measured We are flooded, and this water is TITLE I—CORPS OF ENGINEERS—CIVIL going to stay up now for another on recent growth as well as growth DEPARTMENT OF THE ARMY over the last 5 years. month or longer. And we got the CORPS OF ENGINEERS—CIVIL Driving the success were the entre- records from June of this year, and The following appropriations shall be ex- that became not 13.2 but 13.8 million preneurs who created 34 new businesses pended under the direction of the Secretary or grew existing ones. They collec- acre-feet, more water in a single month of the Army and the supervision of the Chief than to ever come down the Missouri tively brought in 1,140 new jobs to of Engineers for authorized civil functions of Gainesville and nearly $250 million in the Department of the Army pertaining to River since we have been keeping capital investment. I’m proud to rep- rivers and harbors, flood and storm damage records. And, Mr. Chairman, that is resent Gainesville in Congress and reduction, shore protection, aquatic eco- just 2 months, and this continues. This proud of the hard work of my neighbors system restoration, and related efforts. year will be the largest volume of in Georgia. Today, the city of Gaines- INVESTIGATIONS water to go down the Missouri River ville stands a little bit taller because For expenses necessary when authorized by since we have been keeping records. of the hard work of the entrepreneurs law for the collection and study of basic in- Mr. DICKS. Will the gentleman in north Georgia. formation pertaining to river and harbor, yield? flood and storm damage reduction, shore We don’t have a copy of the gentle- f protection, aquatic ecosystem restoration, man’s amendment. If we are going to GENERAL LEAVE and related needs; for surveys and detailed start out this way without cooper- studies and plans and specifications of pro- ating—— Mr. FRELINGHUYSEN. Mr. Speaker, posed river and harbor, flood and storm dam- I ask unanimous consent that all Mem- age reduction, shore protection, and aquatic Mr. KING of Iowa. Mr. Chairman, I bers may have 5 legislative days in ecosystem restoration projects and related might point out I didn’t yield, but I which to revise and extend their re- efforts prior to construction; for restudy of would be happy to yield to the gen- marks and include extraneous material authorized projects; and for miscellaneous tleman and hopefully get you a copy. on the further consideration of H.R. investigations and, when authorized by law, Mr. DICKS. We would like to have it. 2354, and that I may include tabular surveys and detailed studies and plans and Mr. KING of Iowa. I will personally specifications of projects prior to construc- material on the same. deliver it to you if this version is okay. tion, $104,000,000, to remain available until The CHAIR. The gentleman from The SPEAKER pro tempore. Is there expended: Provided, That except as provided objection to the request of the gen- Iowa controls the time. in section 101, the amounts made available Mr. KING of Iowa. Thank you, Mr. tleman from New Jersey? under this paragraph shall be expended as There was no objection. authorized by law for the programs, projects Chairman. f and activities specified in the text and table This year, we will see more water under this heading in the report of the Com- come down the Missouri River than ENERGY AND WATER DEVELOP- mittee on Appropriations of the House of ever before in recorded history. And MENT AND RELATED AGENCIES Representatives to accompany this Act. the result is the Corps of Engineers is APPROPRIATIONS ACT, 2012 AMENDMENT OFFERED BY MR. KING OF IOWA releasing 160,000 cubic feet per second The SPEAKER pro tempore (Mr. Mr. KING of Iowa. Mr. Chairman, I from Gavins Point Dam. That is the GRAVES of Georgia). Pursuant to House have an amendment at the desk. lowest one of the six dams. What it

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.004 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4800 CONGRESSIONAL RECORD — HOUSE July 11, 2011 brings about is massive flooding all of ity. I think you’ve seen the water com- Budget and Emergency Deficit Control Act the way down the river for a sustained ing down the river. But I would ask of 1985, as amended: Provided further, That period of time. this, that if we are willing to work on except as provided in section 101, the Now I’m not here to take issue with this, Democrats and Republicans, to amounts made available under this para- graph shall be expended as authorized by law the design, the engineering, or the bring about a review of the master for the programs, projects, and activities management of this river; but what manual management, then I would ask specified in the text and table under this this amendment does is it takes a mil- unanimous consent to withdraw the heading in the report of the Committee on lion dollars out and puts a million dol- amendment. Appropriations of the House of Representa- lars back in. What I’m asking is to di- Mr. FRELINGHUYSEN. We are high- tives to accompany this Act. rect the Corps of Engineers to conduct ly sympathetic to working with the AMENDMENT OFFERED BY MR. TIERNEY a new study and come back and let us gentleman and look forward to work- Mr. TIERNEY. Mr. Chairman, I have know how they would have had to man- ing with him to address this crisis and an amendment at the desk. age this river in the event that they what he is talking about, future crises The CHAIR. The Clerk will report the had been able to see this massive and devastation. amendment. amount of water coming, how they Mr. VISCLOSKY. Will the gentleman The Clerk read as follows: would have been able to protect not yield for a moment? Page 3, line 24, after the dollar amount, in- only all of the people downstream from Mr. FRELINGHUYSEN. I yield to the sert ‘‘(increased by $133,822,000)’’. each of these reservoirs, but also the gentleman from Indiana. Page 6, line 6, after the dollar amount, in- additional component of that is al- Mr. VISCLOSKY. I would be happy to sert ‘‘(increased by $51,759,000)’’. though a year ago last May we had work with the chairman, but I would Page 24, line 6, after the dollar amount, in- sert ‘‘(reduced by $92,790,500)’’. record flooding in the tributaries down- note, we are on page 3 of the bill and Page 24, line 18, after the dollar amount, stream from Gavins Point, the dam would hope that as we proceed today insert ‘‘(reduced by $92,790,500)’’. that is the lowest. We need to be able and into the future, that we have ad- 1420 to look at two catastrophic events. All vance notice of amendments. So I b of this snow runoff and rain that we would direct my comment in this case Mr. FRELINGHUYSEN. I reserve a got, particularly in Montana in the to the gentleman from Iowa and those point of order on the gentleman’s mountains, coupled with the record who may be thinking about offering ad- amendment. rainfall coming down the tributaries ditional amendments. But I would be The CHAIR. A point of order is re- from below Gavins Point Dam that we happy to work with the chairman on served. saw a year ago last May, those two laid this issue. The gentleman from Massachusetts on top of each other, how do they have Mr. FRELINGHUYSEN. I thank the is recognized for 5 minutes. to manage the reservoirs for the pur- gentlemen. Mr. TIERNEY. Mr. Chairman, this poses of protecting all of that valuable I yield back the balance of my time. amendment is relatively straight- real estate and infrastructure. Mr. KING of Iowa. Mr. Chairman, I forward. It ensures that two important My constituents have spent millions ask unanimous consent to withdraw Army Corps of Engineers accounts— of dollars to try to protect themselves. the amendment. construction and operation mainte- They built miles of levee, watching the The CHAIR. Without objection, the nance—be funded at last year’s levels. I water come down the river. They have amendment is withdrawn. certainly understand that the com- hauled dirt with water coming up on There was no objection. mittee was challenged by the alloca- one side of the levee. This amendment The CHAIR. The Clerk will read. tion it was allotted, and that was $1 urges and actually directs the Corps of The Clerk read as follows: billion below fiscal year 2011 and nearly Engineers to commence with that CONSTRUCTION $6 billion less than the President’s re- study. And we will have more informa- (INCLUDING RESCISSION OF FUNDS) quest. tion as it unfolds. I urge its adoption. For expenses necessary for the construc- Despite that, I appreciate that Chair- I yield back the balance of my time. tion of river and harbor, flood and storm man FRELINGHUYSEN has added $195 Mr. FRELINGHUYSEN. I move to damage reduction, shore protection, aquatic million to the President’s budget re- strike the last word. ecosystem restoration, and related projects quest for the Army Corps of Engineers. The CHAIR. The gentleman from authorized by law; for conducting detailed He is to be commended for that. Unfor- studies and plans and specifications of such tunately, I think that Congress can and New Jersey is recognized for 5 minutes. projects (including those involving participa- Mr. FRELINGHUYSEN. Mr. Chair- tion by States, local governments, or private must do better. According to the Army man, we have not had a chance to real- groups) authorized or made eligible for selec- Corps, we have 59 ports and harbors ly study the implications of the gentle- tion by law (but such detailed studies and that carry about 90 percent of our eco- man’s amendment. plans and specifications shall not constitute nomic activity in this country—2.2 bil- First of all, we would like to extend a commitment of the Government to con- lion tons of cargo and $1.4 trillion in our sympathy to the gentleman, his struction), $1,615,941,000, to remain available commerce. constituents, and to many Members of until expended; of which such sums as are In testimony before the Senate com- Congress and those affected by the dev- necessary to cover the Federal share of con- mittee last year, an official from the struction costs for facilities under the astation and, in many cases, loss of Dredged Material Disposal Facilities pro- United States Chamber of Commerce life, loss of income and livelihood. But gram shall be derived from the Harbor Main- discussed the importance of our ports, we are not quite sure what $1 million tenance Trust Fund as authorized by the inland and coastal waterways to Amer- in and $1 million out means, and we Water Resources Development Act of 1996 ica’s businesses. This is what the offi- need a little more time to further in- (Public Law 104–303); and of which such sums cial said: vestigate. as are necessary to cover one-half of the The business community, from ports Would the gentleman be willing to costs of construction, replacement, rehabili- to barge operators to agricultural ex- work with us to accomplish this objec- tation, and expansion of inland waterways porters, depends on a marine transpor- projects (including only Olmsted Lock and tation system to move goods to domes- tive without moving ahead on the Dam, Ohio River, Illinois and Kentucky; amendment? Would you be willing to Emsworth Locks and Dam, Ohio River, tic and international markets. They work with the committee, the ranking Pennsylvania; Lock and Dams 2, 3, and 4, are also important parts of the Na- member and yours truly? Monongahela River, Pennsylvania; and Lock tion’s economic engine and are drivers Mr. KING of Iowa. If the gentleman and Dam 27, Mississippi River, Illinois) shall for job creation in America. Maintain- would yield? be derived from the Inland Waterways Trust ing our Federal channels to their au- Mr. FRELINGHUYSEN. Yes. Fund: Provided, That of the unobligated bal- thorized and required dimensions is a Mr. KING of Iowa. I think the chair- ances from prior year appropriations avail- critical part of ensuring that this com- man has made a significant point here. able under this heading, $50,000,000 is re- merce can continue uninterrupted. scinded: Provided further, That no amounts Sometimes we are playing catch-up. I may be rescinded from amounts that were Yet we continue to have a significant would like to have had the lead work designated by the Congress as an emergency dredging backlog, and I am concerned done so that this information was out requirement pursuant to the Concurrent that this bill’s allocation for the Army in front of the majority and the minor- Resolution on the Budget or the Balanced Corps is insufficient to appropriately

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.007 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4801 address that backlog. It doesn’t just af- duce the deficit, funding our national nuclear weapons activities, with an off- fect commerce; it impacts people’s defense needs, supporting scientific in- set from two water project catch-all lives very intimately as well. I hear novation, and at the same time allow- funding lines, in the Corps of Engi- from constituents in my district, par- ing the Corps to continue progress on neers’ account that were not requested ticularly those in Newburyport and the the most critical water resources in- by the President. This restoration is Plum Island part of Newbury, who tell vestments. critically important to revitalize and me that their homes are quite literally We must preserve the careful balance modernize our nuclear security enter- about to fall into the ocean unless the that this bill strikes. Therefore, I must prise. Army Corps can rehabilitate a jetty oppose the amendment and urge my I encourage my colleagues to con- that hasn’t been repaired in 40 years. colleagues to vote ‘‘no.’’ sider these charts that depict the cuts That’s not an uncommon story on our I yield back the balance of my time. in this bill to the vitally important na- waterways. POINT OF ORDER tional security programs: The least we can do for these families Mr. FRELINGHUYSEN. Mr. Chair- The FY12 Defense appropriations bill, is to ensure that the important Army man, I would like to assert my point of as reported by the Appropriations Com- Corps programs are funded at last order. mittee, cut Department of Defense year’s levels. The subcommittee alloca- The CHAIR. The gentleman may spending by 1 percent below the Presi- tion makes that incredibly difficult for state his point of order. dent’s budget request, the smaller Members to address, and I understand Mr. FRELINGHUYSEN. Mr. Chair- amount. The FY12 Energy and Water that. Taking care of perceived defi- man, the amendment proposes to appropriations bill before us cuts fund- ciencies in a bill are going to need at- amend portions of the bill not yet read. ing for the defense activities of the tention. I expect there will be some The amendment may not be consid- NNSA by 10 percent, including a 7 per- concerns, which I am perfectly willing ered en bloc under clause 2(f) of rule cent cut for nuclear weapons activities to address in my further comments. XXI because the amendment proposes and nuclear modernization. In anticipation of what might be to increase the level of outlays in the Again, there is only a 1 percent cut brought up, either Congress can fund bill. that is occurring as policy to DOD, but these important Army Corps functions I ask for a ruling from the Chair. as you can see, NNSA, which is a de- at last year’s levels by making modest The CHAIR. Does any other Member fense activity, is being cut by 10, our reductions to two Department of En- wish to be heard on the point of order? nuclear weapons activities by seven. ergy programs that, when combined, The Chair is prepared to rule. Meanwhile, the energy and water bill receive more than $1 billion in this bill To be considered en bloc pursuant to increases spending on water projects or Congress can choose to sustain the clause 2(f) of rule XXI, an amendment through the Corps of Engineers by over level of commitment to the Army must not propose to increase the levels 4 percent of the budget requests, and Corps and slightly reduce the Depart- of budget authority or outlays in the that is leaving aside the $1 billion en- ment of Energy’s fossil fuel energy re- bill. Because the amendment offered by ergy supplemental for water projects to search and development and the nu- the gentleman from Massachusetts pro- address funding on the Mississippi clear energy programs. poses a net increase in the level of out- River. I think it is a relatively easy call. lays in the bill, as argued by the chair- The problem is that nuclear weapons For my constituents, it certainly is. man of the Subcommittee on Appro- spending is considered part of the En- Congress should be on the side of in- priations, it may not avail itself of ergy and Water appropriations bill in- creasing its investments and repairing clause 2(f) to address portions of the stead of Defense appropriations. The and modernizing its water infrastruc- bill not yet read. funds cut from NNSA support critically ture and putting people back to work, The point of order is sustained. The needed nuclear modernization efforts so support for this amendment would amendment is not in order. that are strongly supported by people ensure that we don’t diminish our com- AMENDMENT OFFERED BY MR. TURNER on both sides of the aisle, on both sides mitment to those critical Army Corps Mr. TURNER. Mr. Chairman, I have of this Capitol, and by the administra- functions. an amendment at the desk. tion. With that, I yield back the balance of The CHAIR. The Clerk will report the I would like to yield at this point to my time. amendment. the gentleman from Louisiana, Dr. Mr. FRELINGHUYSEN. Mr. Chair- The Clerk read as follows: FLEMING. man, I move to strike the last word. Page 3, line 24, after the dollar amount, in- Mr. FLEMING. Mr. Chairman, I rise I continue to reserve my point of sert ‘‘(reduced by $118,400,000)’’. today in support of the amendment order. Page 6, line 6, after the dollar amount, in- being offered by the gentleman from The CHAIR. The gentleman con- sert ‘‘(reduced by $123,313,000)’’. Page 33, line 20, after the dollar amount, Ohio, which would restore a modest 20 tinues to reserve his point of order. insert ‘‘(increased by $129,353,000)’’. percent of over $1.1 billion in funding The gentleman from New Jersey is Page 34, line 20, after the dollar amount, this bill cuts from the defense activi- recognized for 5 minutes. insert ‘‘(increased by $71,475,000)’’. ties of the Department of Energy, Mr. FRELINGHUYSEN. I rise in op- Page 35, line 10, after the dollar amount, which ensures the safety, security and position to the amendment. insert ‘‘(increased by $40,885,000)’’. reliability of our Nation’s nuclear I share in the gentleman’s support The CHAIR. The gentleman from weapons. for smart investments in our Nation’s Ohio is recognized for 5 minutes. water resources infrastructure and in Mr. TURNER. Mr. Chairman, I intend b 1430 the good work of the Army Corps of to offer this amendment and then re- The FY12 Energy and Water appro- Engineers. I well understand on the quest unanimous consent for its with- priations bill sharply reduces overall committee the economic benefits of drawal. funding for the National Nuclear Secu- spending money on these needs. At the This amendment would restore fund- rity Administration from the Presi- same time, we cannot ignore the im- ing to the most critically and histori- dent’s budget request by more than 10 portance of addressing our Nation’s cally underfunded portions of this bill: percent, or $1.1 billion, while increas- deficit problem and the other priorities the defense activities of the Depart- ing funding for Army Corps of Engi- of the bill, namely national defense ment of Energy as carried out by the neers water projects by 4 percent above and scientific innovation. semiautonomous National Nuclear Se- the budget request. This is in addition The underlying bill balances these curity Administration, the NNSA. I to the $1 billion plus-up in emergency important goals, in part, by reducing thought it was important to offer this supplemental disaster relief added to the construction account from the fis- amendment so that the record of the the bill for the Mississippi River flood- cal year 2011 enacted level but not by discussion of this bill could focus also ing. nearly as much as that account was re- on the importance of funding shortfalls As a Member who represents Lou- duced in the President’s own fiscal that are occurring in this bill. isiana, I can appreciate how critical year 2012 budget request. With this The amendment would restore $241 funding for the Army Corps of Engi- level of funding, we are working to re- million to NNSA defense activities, our neers is, but we have to consider those

VerDate Mar 15 2010 01:06 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.011 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4802 CONGRESSIONAL RECORD — HOUSE July 11, 2011 priorities in light of the vital need to I strongly encourage my colleagues to sup- ment basically for the same reasons I maintain our national security which port national defense, and restore funding for did for his earlier amendment. We since the end of World War II has rest- NNSA. worked hard to preserve a careful bal- ed on the strength of our strategic nu- The CHAIR. Without objection, the ance that our bill strikes, but I appre- clear deterrent. amendment is withdrawn. ciate his effort. We recognize his com- The reductions set forth in this There was no objection. mitment to this type of work; and measure would significantly impact AMENDMENT OFFERED BY MR. TIERNEY when we have a better allocation in the NNSA’s ability to implement the goals Mr. TIERNEY. Mr. Chairman, I have future, maybe we will be able to be of and policies established in the April an amendment at the desk. more assistance. 2010 Nuclear Posture Review and our The CHAIR. The Clerk will report the I continue to reserve my point of order. Nation’s nuclear modernization plans. amendment. The CHAIR. The gentleman con- Most concerning is a $498 million cut The Clerk read as follows: that this bill makes to the Weapons tinues to reserve. Page 3, line 24, after the dollar amount, in- Activity account which provides the Mr. VISCLOSKY. Mr. Chairman, I sert ‘‘(increased by $133,822,000)’’. move to strike the last word. necessary technical support to ensure Page 6, line 6, after the dollar amount, in- safety, security and effectiveness of the The CHAIR. The gentleman from In- sert ‘‘(increased by $51,759,000)’’. diana is recognized for 5 minutes. U.S. nuclear deterrent. Page 24, line 6, after the dollar amount, in- This bill also places at risk the time- sert ‘‘(reduced by $133,822,000’’. Mr. VISCLOSKY. Mr. Chairman, I do ly replacement of Cold War-era nuclear Page 24, line 18, after the dollar amount, not know if a point or order will be in- infrastructure, specifically the con- insert ‘‘(reduced by $92,790,500)’’. sisted upon, I do not know if it will be struction of the Nation’s plutonium ca- Mr. FRELINGHUYSEN. Mr. Chair- prevailed upon, but I would want to make a comment relative to the pability at Los Alamos—the Chemistry man, I reserve a point of order on the amendment offered by the gentleman and Metallurgy Replacement Facility, gentleman’s amendment. which is cut by $100 million out of the from Massachusetts. The CHAIR. A point of order is re- I agree with everything that Mr. $300 million necessary for the FY12 ac- served. TIERNEY has said—and more—during tivities. The gentleman from Massachusetts committee and during the general de- Mr. Chairman, at a time when major is recognized for 5 minutes. bate on this floor. I mentioned that in defense spending cuts are on the hori- Mr. TIERNEY. Mr. Chairman, this is the 2009 report card on America’s infra- zon, we can ill afford to undercut our a revised amendment that deals with structure, the American Society of Nation’s last line of defense, which has the objection raised by the chairman Civil Engineers estimated an invest- always been our nuclear deterrent. on the previous amendment that was I strongly urge support of this ment shortfall of $2.2 trillion that is proposed on this matter. It still gets to necessary to bring our Nation’s infra- amendment. the fundamental issue here, that we Mr. TURNER. Mr. Chair, this House structure up to good condition. need to restore the Army Corps of En- Additionally, the engineering society has three times previously confirmed gineer budgets here through the Con- gave our Nation’s dams, levees and in- our commitment to fully funding the struction and Operation and Mainte- land waterways grades of D or D minus. NNSA activities. I would urge that as nance accounts to the point of at least I want to use my time because we we go through the process of this bill where it was in fiscal year 2011. have had a lot of discussion—and I that this funding be restored. We have serious issues confronting have joined in that discussion—about I ask unanimous consent to withdraw our economy. This is a way to make the inadequate allocation that the sub- the amendment. sure that the Corps has the resources it committee has been given. Mr. MCKEON. Mr. Chair, I rise in support of I would also point out that there is my colleague’s amendment to restore funding needs to deal with its numerous issues—our ports, dealing with our another failure, and that is the budget to the defense activities of the National Nu- request itself. And the subcommittee clear Security Administration (NNSA). In May, economy, moving the cargo, and essen- tially putting people to work, and also has taken note of that on page 13 of the House overwhelmingly passed—by a vote their report by stating that the budget of 322 to 96—the Fiscal Year 2012 National protecting the homes and the welfare of people that live along ways that request by the President represents a Defense Authorization Act (NDAA). The NDAA level of investment, as with previous recognized the critical need to shore up our need dredging or that need jetties re- paired that haven’t been repaired for budget requests, that is not reflective nuclear security enterprise and authorized full of the Corps’ importance to the na- funding for NNSA. decade after decade. While I understand that the chair- tional economy, jobs, or our inter- Unfortunately, the appropriations bill before national competitiveness. And further, us reduces the NNSA budget by $1.1 billion man had a difficult role and oppor- tunity was limited due to the amount the committee urges the administra- from the level authorized by the NDAA. The tion to take into account while devel- funding level authorized by the NDAA was a of money that was allocated for him and this committee, and I respect what oping a special request the extraor- key component of a deal between the Admin- dinary economic benefits of the istration and Congress. This deal would finally, he tried to do, simply speaking, I think we have the choices to make here, and projects historically funded in the after decades of neglect, reinvigorate and Corps accounts, which, again, jibes modernize our nuclear security enterprise to those choices are to protect the inter- ests of people, to make sure that we with exactly the points that the gen- ensure the safety, security, and reliability of tleman from Massachusetts has said. get people back to work, to give the our nuclear weapons in exchange for the nu- So I am in agreement with the gen- Army Corps the resources that it clear force reductions contained in the New tleman. This is woefully inadequate. START treaty. The 10% NNSA budget cut needs, at the same time reducing other The administration bears a blame here proposed by this bill greatly endangers this accounts by a rather minimal amount as well. But I also must add my voice modernization, and reneges on this deal. so that we effect our purposes without to the chairman’s and respectfully op- I recognize that the offset in this amend- causing too much destruction to pro- pose the amendment simply because we ment is difficult for many of my colleagues. grams that other people may favor. are in a very tight situation with this Unfortunately, there are no easy offsets within I yield back the balance of my time. bill and we prefer that the amendment the energy and water bill. Mr. FRELINGHUYSEN. Mr. Chair- not be adopted, despite the relevance of Through my committee, Armed Services, man, I continue to reserve my point of it and the correctness of the gentle- the House authorizes all defense funding— order. man’s position from Massachusetts. both for the Department of Defense and the The CHAIR. The point of order is re- I yield back the balance of my time. NNSA. We must recognize that NNSA is de- served. Mr. FRELINGHUYSEN. Mr. Chair- fense spending, and treat it as such. As Sec- Mr. FRELINGHUYSEN. I move to man, I withdraw my point of order. retary Gates told my committee earlier this strike the last word. The CHAIR. The point of order is year, NNSA’s work is ‘‘incredibly important’’ The CHAIR. The gentleman from withdrawn. and is, ‘‘intimately tied to our national security New Jersey is recognized for 5 minutes. The question is on the amendment and should be regarded as part of the security Mr. FRELINGHUYSEN. Mr. Chair- offered by the gentleman from Massa- component.’’ man, I rise in opposition to the amend- chusetts (Mr. TIERNEY).

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.014 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4803 The question was taken; and the At this time, I would yield to the delegation takes very seriously, and we Chair announced that the noes ap- gentleman from New Jersey, the chair- have fought for adequate funding every peared to have it. man of the subcommittee. year. Continued investment in Ever- Mr. TIERNEY. Mr. Chairman, I de- Mr. FRELINGHUYSEN. I appreciate glades restoration protects our water mand a recorded vote. the gentleman from Florida yielding. supply, benefits key job-creating indus- The CHAIR. Pursuant to clause 6 of I appreciate Mr. RIVERA’s passion for tries, and enhances our quality of life. rule XVIII, further proceedings on the the Everglades restoration, and that of A recent study by Mather Economics, amendment offered by the gentleman the entire Florida delegation, which commissioned by the Everglades Foun- from Massachusetts will be postponed. continues to move forward in this bill. dation, showed that there is a 4:1 re- AMENDMENT OFFERED BY MR. RIVERA The committee dedicated 8 percent of turn on investment for Everglades res- Mr. RIVERA. Mr. Chairman, I have the entire Corps construction budget to toration projects. The Everglades is an amendment at the desk. the Everglades, making it one of the the source of water for millions of resi- The CHAIR. The Clerk will report the three largest allocations in title I. dents and visitors in south Florida. It amendment. So I say to the gentleman that we is a haven for fishing, hunting, and The Clerk read as follows: will continue to work with the Florida boating activities and is home to Page 3, line 24, after the dollar amount, in- delegation on this important issue, scores of endangered species. There is sert ‘‘(increased by $32,724,000)’’. knowing how committed they are to it. no other ecosystem in the world like Page 23, line 4, after the dollar amount, in- And when we have additional re- our Everglades, a true national treas- sert ‘‘(reduced by $32,724,000)’’. sources, we hope to be able to consider ure and important resource. The CHAIR. The gentleman from them. I would ask the chairman of the sub- Florida is recognized for 5 minutes. Mr. DICKS. Will the gentleman committee to clarify certain language Mr. RIVERA. I wish to thank Chair- yield? in the committee’s report that we find Mr. RIVERA. I yield to the gen- man FRELINGHUYSEN and Ranking deeply disturbing. I hope this language tleman from Washington, the ranking Member VISCLOSKY, along with com- does not signal the committee’s intent mittee staff, for crafting this legisla- member on the committee. to deemphasize the importance of Ev- Mr. DICKS. The restoration of the tion. erglades restoration in the future. In Florida Everglades has been one of our The Florida Everglades is one of our particular, the language refers to an five national priorities. And I, too, Nation’s greatest treasures. The Ever- inability to sustain funding levels and want to compliment the gentleman for glades’ combination of abundant mois- seems to say that the committee views his support. We have moved forward ture, rich soils and subtropical tem- Everglades funding to be inequitable, with the Tamiami bridge and other im- peratures support a vast array of spe- as if the Everglades has been receiving portant projects. This is a program of cies. However, flood control and rec- too much somehow. national significance, and I concur lamation efforts in the 1940s and 1950s I hope I am interpreting the language with the chairman. manipulated the Everglades’ hydrol- incorrectly. I hope the committee is Mr. RIVERA. Reclaiming my time, ogy, redirecting fresh water destined not announcing that the Everglades is thank you, Mr. Chairman, for your for the Everglades out to sea. The eco- somehow being deemed as not being a commitment. I look forward to work- system has changed because it now re- national priority and will not continue ing with you and the rest of my col- ceives less water during the dry season to be singled out for cuts in funding leagues in a bipartisan fashion to and more during the rainy season. It is from now on. Because, make no mis- achieve the goal of restoring water also harmed by degraded water quality, take about it, the Everglades is a na- flow in these areas. tional treasure and has been a national pollutants from urban areas, and agri- I ask unanimous consent to withdraw priority, as Ranking Member DICKS cultural runoff, including pesticides my amendment. and excess nutrients such as phos- The CHAIR. Without objection, the pointed out, for the Federal Govern- phorous and nitrogen which have amendment is withdrawn. ment since we created the Comprehen- harmed the plant and animal popu- There was no objection. sive Everglades Restoration Plan in lations. Ms. WASSERMAN SCHULTZ. I move 2000. Eleven years ago, Members of Con- b 1440 to strike the last word. The CHAIR. The gentlewoman from gress from both sides of the aisle and The program under the Corps of En- Florida is recognized for 5 minutes. from every corner of this great Nation gineers’ South Florida Ecosystem Res- Ms. WASSERMAN SCHULTZ. Mr. came together with the executive toration will capture freshwater des- Chairman, I rise to express deep dis- branch and partnered with the State of tined for the sea, the lifeblood of the appointment and concern about the se- Florida to embark on the largest eco- Everglades, and direct it back to the vere proposed cut in this bill to the system restoration effort on Earth. We ecosystem to revitalize it and protect Federal Everglades Ecosystem Res- understood then that it would not be plant and wildlife. toration effort. easy, or inexpensive, but it had to be However, Everglades restoration is The Energy and Water bill before us done to restore this unique ecosystem. not only about the ecosystem restora- today slashes $32 million from the ad- The plan spans three decades, has over tion. It is also about boosting Florida’s ministration’s request. These times of 60 component projects, and will take economy. According to a study by At- tight budgets certainly call for belt- resolve and a sustained commitment to lanta-based Mather Economics, boost- tightening, but cutting 20 percent from see this project through to its comple- ing strained water supplies associated the requested amount for Everglades tion. with restoration efforts will save local restoration is draconian. It is wildly The Everglades Restoration Plan was water treatment facilities $13 billion in disproportionate to the more modest 3 spearheaded by esteemed Senators the long term. It will provide flood con- percent cut in the bill to the overall from around the Nation and both polit- trol for south Florida and improve fiscal year 12 Corps of Engineers con- ical parties—Republican Bob Smith local home values by an estimated $16 struction fund from fiscal year 11 lev- from New Hampshire, Republican Dave billion. Furthermore, a healthier water els. Hobson of Ohio, Democrat MAX BAUCUS supply, which will contribute to better I thank my colleague Congressman from Montana, and, of course, Florida’s fishing grounds, will have a huge posi- DAVID RIVERA for joining me and other own Senators Connie Mack and Bob tive impact on tourism traffic, which is members of the Florida delegation to Graham. a key aspect of Florida’s economy. urge that full funding be restored to Congressman E. Clay Shaw said it Everglades restoration is a huge pri- this important national priority, as perfectly right here on this floor dur- ority for the Florida congressional del- Mr. DICKS just mentioned. I hope we ing passage of the restoration plan a egation, and I respectfully ask the can work together with Chairman decade ago when he said: committee and chairman for their con- FRELINGHUYSEN to make this happen ‘‘Mr. Speaker, it is remarkable to tinued support in protecting and re- during conference with the Senate. have this broad a cross section of storing this great natural resource and To be sure, Everglades restoration is Americans supporting legislation on economic engine. a priority the Florida congressional any single issue. But protection of the

VerDate Mar 15 2010 04:46 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.017 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4804 CONGRESSIONAL RECORD — HOUSE July 11, 2011 Everglades is a national priority be- mouth of the Missouri, where it meets Mr. VISCLOSKY. Mr. Chairman, I cause most Americans speak of this na- up with the Mississippi. So essentially would join in the chairman’s remarks, tional treasure in the same breath as we are spending nearly 12 times more and emphasize the word ‘‘reluctantly,’’ the redwood forests, the Mississippi to buy land for the betterment of fish because I do understand the devasta- River, Old Faithful, the Appalachian and birds than we are to protect farm- tion that has been suffered. I would Trail, or the Grand Canyon.’’ ers, businesses, and homes that are emphasize for the record that the I couldn’t agree more; and Presidents being flooded right now. chairman recognized the tragedies that Clinton, Bush, and now President This year, many levees in Missouri have occurred, and had an amendment Obama share this commitment. have been breached and overtopped as a in committee to have a billion dollars In 2001, George W. Bush said: result of the amounts of water and the set aside. ‘‘This area needs our protection, and mismanagement of the river, and many Earlier in the process, we had essen- I am here to join with your Governor people in my district have been evacu- tially about a billion dollars also trans- in the cause of preserving and pro- ated and will remain evacuated for ferred from the Energy and Water ap- tecting the Florida Everglades. For its months, in some cases. The President propriation bill to the Homeland Secu- part, the Federal Government carries has issued an emergency disaster dec- rity bill for various similar purposes. important responsibilities and steward- laration for parts of Missouri, and yet There is no denying the emergency. ship. It is not enough to regulate and here we are spending, again, $73 million But as I have said on more than one oc- dictate from afar. To preserve places for fish and wildlife and a mere $6 mil- casion during the debate of this issue, like this, we must bring to our work a lion for the maintenance of these lev- it is time we as an institution have the new spirit of respect and cooperation.’’ ees. intestinal fortitude to understand we Again, I couldn’t agree more. While I believe conservation is im- have natural disasters. We have people History is important. So are the portant, we should not overlook what who have lost their lives. We have peo- words that we use or do not use. That it is we sometimes sacrifice to achieve ple who are suffering and have lost is why I am deeply disappointed that conservation. In this case, we are sacri- property. We need, in a deliberate, the chairman has refused so far to ficing the livelihoods of businesses and thoughtful fashion, to set those mon- state publicly that Everglades restora- farmers and are destroying homes. eys aside as opposed to, if you would, moving moneys from accounts to take tion is a national priority. I would note b 1450 that the chairman, speaking on the En- care of these emergencies. Again, my amendment just simply ergy and Water bill for fiscal year 05, So I do understand also looking transfers money from the construction stood here on June 24, 2004, and re- ahead that the ultimate cost of the account to the operations and mainte- ferred to his own local port and harbor tragedy the gentleman’s constituents nance account. The intent is just to re- dredging and deepening project as a and others have suffered is probably duce funding in one and increase that ‘‘national priority.’’ going to exceed the moneys that have Well, having several ports in south funding in the other. With that, I been set aside in this bill, and do hope, Florida, I would agree on the economic would urge my colleagues to support again, institutionally, that we address significance of navigation infrastruc- this amendment. that problem. So I understand the mo- I yield back the balance of my time. tive, agree with the principle that is ture. But surely the Everglades, a Mr. FRELINGHUYSEN. Mr. Chair- unique national treasure, rises to at espoused, but again would have to re- man, I rise in reluctant opposition to luctantly join in opposition to the least the same level. We need to look the amendment. beyond our own State borders and dis- amendment. The CHAIR. The gentleman from I yield back the balance of my time. tricts when we shape our priorities, as New Jersey is recognized for 5 minutes. our predecessors did. I hope the chair- The CHAIR. The question is on the Mr. FRELINGHUYSEN. I am very amendment offered by the gentleman man will see fit to stand with us now sympathetic to those that have been and recommit to Everglades restora- from Missouri (Mr. GRAVES). devastated by floods in Missouri and in The question was taken; and the tion as a national priority. other States across the Nation. It’s a Chair announced that the noes ap- I yield back the balance of my time. very personal thing for many Members peared to have it. AMENDMENT OFFERED BY MR. GRAVES OF of Congress who look to their congres- Mr. GRAVES of Missouri. Mr. Chair- MISSOURI sional districts and see the loss of life, man, I demand a recorded vote. Mr. GRAVES of Missouri. Mr. Chair- and livelihoods, and jobs, and devasta- The CHAIR. Pursuant to clause 6 of man, I have an amendment at the desk. tion to family farms and to small rule XVIII, further proceedings on the The CHAIR. The Clerk will report the towns. amendment offered by the gentleman amendment. One of the things we did in our bill of from Missouri will be postponed. The Clerk read as follows: course, and I am sure the gentleman The Clerk will read. Page 3, line 24, after the dollar amount, in- would recognize this, we came up with The Clerk read as follows: sert ‘‘(reduced by $1,750,000).’’ a billion dollars of emergency aid, MISSISSIPPI RIVER AND TRIBUTARIES Page 6, line 6, after the dollar amount, in- which hopefully will be of assistance. I For expenses necessary for flood damage sert ‘‘(increased by $1,000,000)’’. know he doesn’t speak of that in this reduction projects and related efforts in the The CHAIR. The gentleman is recog- amendment. But certainly all Members Mississippi River alluvial valley below Cape nized for 5 minutes. of Congress, on both sides of the aisle, Girardeau, Missouri, as authorized by law, Mr. GRAVES of Missouri. Mr. Chair- are committed to help those whose $210,000,000, to remain available until ex- man, basically what I’m trying to do pended, of which such sums as are necessary lives have been unalterably changed to cover the Federal share of eligible oper- here is to point out the absurdity and because of the devastation. misalignment of priorities which have ation and maintenance costs for inland har- My concern with his amendment is bors shall be derived from the Harbor Main- become clear in this appropriations that the Corps has said this construc- tenance Trust Fund: Provided, That except as bill. tion funding is necessary to avoid jeop- provided in section 101, the amounts made I live along the Missouri River in ardy under the Endangered Species available under this paragraph shall be ex- Missouri, and we’ve had families that Act. If the river system jeopardizes pended as authorized by law for the pro- have been inundated by the flooding species, it could have great effect on grams, projects, and activities specified in that has taken place this year with no the operations of the river. So speaking the text and table under this heading in the report of the Committee on Appropriations real end in sight, to be quite honest to my earlier point, we want to be with you. This underlying bill provides of the House of Representatives to accom- helpful, but we also look to the Corps pany this Act. $73 million for the Missouri River Re- for some direction on this point. As a OPERATION AND MAINTENANCE covery Program which is used to fund consequence, I oppose his amendment. habitat creation projects. Unfortu- For expenses necessary for the operation, I yield back the balance of my time. maintenance, and care of existing river and nately, the underlying bill only pro- Mr. VISCLOSKY. I move to strike harbor, flood and storm damage reduction, vides slightly more than $6 million for the last word. aquatic ecosystem restoration, and related the maintenance of the levees all the The CHAIR. The gentleman from In- projects authorized by law; providing secu- way from Sioux City, Iowa, to the diana is recognized for 5 minutes. rity for infrastructure owned or operated by

VerDate Mar 15 2010 01:15 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.020 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4805 the Corps of Engineers, including adminis- the lifeblood to moving commerce move through Congress, where we now trative buildings and laboratories; maintain- throughout not only much of our coun- have more opportunities if those trade ing harbor channels provided by a State, mu- try, but as we export to other countries agreements move through to trade nicipality, or other public agency that serve throughout the world. even more and to create more jobs in essential navigation needs of general com- For whatever reason, the Corps made merce, when authorized by law; surveying America, then our ability to move and charting northern and northwestern an internal decision earlier this year those goods through our waterways lakes and connecting waters; clearing and that they would no longer do that re- would still be there. Because they straightening channels; and removing ob- programming, which jeopardizes much won’t if we are not properly dredging structions to navigation, $2,366,465,000, to re- of the movements that we have along our waterways. So this amendment ad- main available until expended, of which such our waterways. This amendment is rev- dresses that problem. And it’s a prob- sums as are necessary to cover the Federal enue-neutral. It doesn’t add anything lem we know is coming because the share of eligible operation and maintenance to the cost of the bill. But what it does Corps themselves have said this is costs for coastal harbors and channels and is it takes money out of the general ad- for inland harbors shall be derived from the looming. So let’s address it head on. Harbor Maintenance Trust Fund; of which ministration account, which actually Let’s not wait until it’s a crisis before such sums as become available from the spe- saw an increase this year, moves it we do something about it. That’s why I cial account for the Corps of Engineers es- over into the general operations and bring the amendment, again an amend- tablished by the Land and Water Conserva- maintenance section of the bill so that ment with bipartisan support. tion Fund Act of 1965 (16 U.S.C. 460l–6a(i)) it allows us at least additional reve- I yield back the balance of my time. shall be derived from that account for re- nues to go and properly dredge our wa- Mr. FRELINGHUYSEN. Mr. Chair- source protection, research, interpretation, terways. man, I continue to reserve my point of and maintenance activities related to re- Why is this important? Number one, source protection in the areas at which out- order. door recreation is available; and of which it’s a critical jobs issue. Because as we The CHAIR. The point of order is re- such sums as become available from fees col- just saw a few weeks ago, prior to some served. lected under section 217 of the Water Re- of the record levels of flooding, Mr. Mr. FRELINGHUYSEN. I move to sources Development Act of 1996 (Public Law Chairman, we saw they had to roll strike the last word. 104–303) shall be used to cover the cost of op- back, just in my region of the New Or- The CHAIR. The gentleman from eration and maintenance of the dredged ma- leans area, they had to roll back some New Jersey is recognized for 5 minutes. terial disposal facilities for which such fees of the depth that they were allowed to Mr. FRELINGHUYSEN. Unfortu- have been collected: Provided, That 1 percent transport on the Mississippi River. nately and reluctantly, I must oppose of the total amount of funds provided for each of the programs, projects or activities This cost about $1 million per vessel, the gentleman from Louisiana’s funded under this heading shall not be allo- added costs to move commerce amendment. throughout our country. Not only does cated to a field operating activity prior to b 1500 the beginning of the fourth quarter of the that cost jobs, but it also increases the fiscal year and shall be available for use by cost of goods for Americans who buy Mr. Chairman, I share the gentle- the Chief of Engineers to fund such emer- those products. But it also increases man’s concern for sufficiently main- gency activities as the Chief of Engineers de- the costs of exporting. And it makes taining our waterways as necessary to termines to be necessary and appropriate, our American companies less competi- realizing the national economic bene- and that the Chief of Engineers shall allo- fits of efficient cargo transportation. cate during the fourth quarter any remain- tive in the world. And of course right now this Con- Representing, as I do, part of New ing funds which have not been used for emer- Jersey, which is highly dependent on gency activities proportionally in accord- gress, the President, we’re working to- ance with the amounts provided for the pro- gether to try to reach trade agree- the Port of New York and New Jersey, grams, projects or activities: Provided fur- ments with Colombia, Panama, and I am well aware that navigation and ther, That except as provided in section 101, South Korea. And I support more trade, money for navigation and dredging is the amounts made available under this para- free trade, the ability for more Amer- absolutely essential, and I am highly graph shall be expended as authorized by law ican employers to be able to sell their sympathetic to the gentleman from for the programs, projects, and activities goods throughout the world, to actu- Louisiana for all of the historical specified in the text and table under this ally create more jobs in America. But things that have impacted Louisiana’s heading in the report of the Committee on economy and so many people down Appropriations of the House of Representa- if we’re going to do that, we’ve got to tives to accompany this Act. have the proper dredging going on to there. In fact, a major factor in developing AMENDMENT OFFERED BY MR. SCALISE allow for that commerce along our wa- Mr. SCALISE. Mr. Chairman, I have terways. the recommendation for the Army an amendment at the desk. So if the Corps is allowed to go Corps of Engineers’ budget this year The CHAIR. The Clerk will report the through with their policy of no more was to focus proportionately more amendment. reprogramming, we know from what funds on the projects and activities The Clerk read as follows: they’ve said, we know from what his- that contribute most to the economy Page 6, line 6, after the dollar amount, in- tory’s shown us that in years past they and job creation, including dredging sert ‘‘(increased by $6,360,000)’’. didn’t have adequate amounts in their and other navigation improvements. Page 8, line 16, after the dollar amount, in- operations and maintenance for dredg- The underlying bill does not include, sert ‘‘(reduced by $6,360,000)’’. ing, and so they have reprogrammed. as we are aware, any congressional ear- Mr. FRELINGHUYSEN. Mr. Chair- Every year for years now that’s been marks. Oftentimes these issues were man, I reserve a point of order on the going on. And they’ve said this year dealt with through the earmark proc- gentleman’s amendment. they’re no longer going to do it. So we ess. Rather, our bill provides the Army The CHAIR. A point of order is re- would be sitting in a situation where Corps of Engineers the flexibility to al- served. we have to wait until some of our wa- locate programmatic funds to those The gentleman from Louisiana is rec- terways are shut down or until you saw navigation and flood control projects ognized for 5 minutes. vessels grounded, like we just saw a that it deems most critical, and we Mr. SCALISE. Mr. Chairman, this is few weeks ago just in the New Orleans have the ability as individual Members a bipartisan amendment, worked on area because of their lack of dredging. of Congress to help the Corps focus on with Mr. RICHMOND and others, and it And then we would lose more jobs, we what we feel is most critical for their deals with dredging. You know, we’ve would lose our ability to export more. attention. seen over the last few months a shift in So what we are saying is, there is ad- The Corps is required to report to the Corps of Engineers’ policy. In years ditional money in this fund, in the gen- Congress in our bill, within 45 days of past, they’ve always reprogrammed eral administration fund. We know this enactment, on which projects were millions of dollars, in many cases tens is a looming problem if we don’t ad- deemed most critical and why. Naviga- of millions of dollars, from other areas dress it. So let’s move it somewhere tion needs are not the only important within their agency because they inad- where it will actually help us create issues addressed in our bill, however. equately had initially funded dredging jobs and remain competitive. And Increased funding for this pro- of our waterways. And of course, this is hopefully as those trade agreements grammatic line even further would

VerDate Mar 15 2010 01:15 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.010 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4806 CONGRESSIONAL RECORD — HOUSE July 11, 2011 upset the careful balance of priorities I will just tell that you if you look at ing on the declining condition of our that I have spoken of earlier, including a Panamax vessel, the 5 feet of draft— Nation’s water transportation cor- national defense, which is a major of the difference it would make if we ridors, our levees and flood walls, and component of why we even have a De- don’t dredge the Mississippi River our Nation’s wastewater infrastruc- partment of Energy, and nuclear safe- would cost us $3.2 million per voyage. ture. ty, energy innovation and, of course, That makes us noncompetitive in the Countless witnesses have told us that the great work of the Army Corps, the world. So they can get their grain from our water-related infrastructure is on water resources needs. the United States or they can go to the brink of failure, and they have spe- So, therefore, reluctantly I must op- Brazil to get their grain. And I would cifically warned how the effects of such pose the gentleman’s amendment. just suggest, Mr. Chairman, if they a failure would devastate our health, I withdraw my point of order. start going to Brazil to get their grain, safety, prosperity and quality of life. The CHAIR. The gentleman with- then they will never come back to the In just the past decade, the Corps has draws his point of order. great country that we live in. So we had multiple emergency closures of Mr. RICHMOND. I move to strike the have to use our money wisely. navigation locks on almost every last word. I think this is a very prudent use of major river system to address infra- The CHAIR. The gentleman from $6.8 million and that the American peo- structure deterioration. These un- Louisiana is recognized for 5 minutes. ple, if they knew they could spend $6.8 scheduled closures result in significant Mr. RICHMOND. Mr. Chairman, I rise million to generate $238 million, every- impacts to the movement of goods and services, as well as impact shippers and in support of the amendment of my col- body would support it, and that would customers alike in terms of higher league from across the aisle, in fact, be the reason why I would ask my col- my colleague from across town and our costs. leagues to support it. Similarly, the lack of available great State of Louisiana. Mr. Chairman, I yield back the bal- maintenance dredging funding has re- Not only is this amendment on time; ance of my time. sulted in reduced depths at many it’s on target, in terms of job creation The CHAIR. The question is on the major port facilities and has all but and job retention in our great country. amendment offered by the gentleman passed over the dredging needs of The current cargo activity at the from Louisiana (Mr. SCALISE). smaller ports such as Lake Montauk Port of New Orleans alone generates The question was taken; and the Harbor and Shinnecock Inlet in my dis- $2.8 billion in Federal taxes. The future Chair announced that the noes ap- trict of eastern Long Island. and livelihood of farmers and manufac- peared to have it. Our Nation’s ports handle 2.5 billion turers in 30 States that depend on the Mr. SCALISE. Mr. Chairman, I de- tons of domestic and international Mississippi River to get their goods to mand a recorded vote. cargo annually. They move imports market, that’s 60 percent of all U.S. The CHAIR. Pursuant to clause 6 of and exports worth more than $5.5 bil- grain exports in this country flows rule XVIII, further proceedings on the lion per day. In 2007, ports employed through the Port of New Orleans. amendment offered by the gentleman over 13.3 million Americans, 9 percent Our industrial heartland desperately from Louisiana will be postponed. of the total workforce, and those jobs needs the Mississippi River. The steel, AMENDMENT OFFERED BY MR. BISHOP OF NEW paid $649 billion in wages. One billion rubber, copper, aluminum, and lumber YORK dollars in exports creates 15,000 new that they need to use in manufacturing Mr. BISHOP of New York. Mr. Chair- jobs. Our ports and the maritime indus- comes up the mouth of the Mississippi. man, I have an amendment at the desk. try keep America open for business. So although it’s two colleagues from The CHAIR. The Clerk will report the It would seem apparent, then, that the great State of Louisiana, we are amendment. underfunding the missions of the Corps not here specifically talking about one The Clerk read as follows: of Engineers is shortsighted for many thing that’s important to Louisiana. Page 6, line 6, after the dollar amount in- reasons. First, it has a substantial neg- This is important to 30 States in this sert ‘‘(increased by $33,535,000)’’. ative impact on local economies and country. It’s important to the entire Page 24, line 18, after the dollar amount in- the bottom lines of big industries and country. sert ‘‘(reduced by $33,535,000)’’. small businesses alike. According to customs, $85 billion to Mr. FRELINGHUYSEN. Mr. Chair- Second, it puts our families and com- $104 billion a year is attributed to man, I reserve a point of order on the munities at an increased risk of flood- trade through the Mississippi River. So gentleman’s amendment. ing and damage from coastal storms. when you talk about how we keep this The CHAIR. A point of order is re- Third, it delays the potential public country going, how do we grow this served. and environmental health benefits that country, it’s through making wise in- The gentleman from New York is rec- come from environmental restoration vestments. ognized for 5 minutes. projects. And right now, in these tough times, Mr. BISHOP of New York. Mr. Chair- Finally, it places this Nation on an the American people want us to use man, my amendment increases the op- unsustainable path where it is forced every dollar that we have very wisely; erations and maintenance account by to rely on an outdated and failing in- and I will say that according to the $35 million in line with the O&M budg- frastructure to keep the Nation going. In light of this, or in spite of this, in Port of New Orleans, every dollar that et for FY2010. My amendment offsets the first 6 months of the 112th Con- this country spends on dredging the this amendment in the Fossil Energy gress, the new House majority has put Mississippi River, we get a 35–1 return. R&D account by the same amount con- forward several legislative proposals to So the $6.8 million that my colleague sistent with the President’s FY2012 cut the funding for the core to levels from New Orleans and the metropoli- budget request. not seen since 2004. tan area is talking about diverting cre- Mr. Chairman, as our Nation con- The most aggressive proposal, in- ates $238 million in this country. tinues to climb out of the hole left be- cluded as part of H.R. 1, would have cut I would say what’s happening in this hind from the Great Recession, Con- over $500 million, about 10 percent, country is that we should look at re- gress must focus on funding programs from an already strained Corps budget; turn on investment. We should look at that create jobs and encourage eco- and it could only result in increased how we spend money wisely to create nomic growth. As the ranking member delay in carrying out vital Corps more income, create more jobs, and on the Water Resources and Environ- projects and increased reliance on make this a better country. That’s ment Subcommittee of the Transpor- using Band-Aids to remedy critical in- what this amendment does. tation and Infrastructure Committee, frastructure maintenance issues. And for all of my colleagues in those it is clear to me just how important it Similarly, this appropriations bill 30 States that depend upon the Mis- is to ensure that our water infrastruc- further reduces the level of funding for sissippi River, I would just say think ture assets remain safe, reliable and ef- the Corps by 11.5 percent, including a about your farmers, think about all of ficient to address our goals of encour- remarkable cut of 20.5 percent from the your industrial employees because they aging economic prosperity. Corps’ construction account and an ad- need these goods to come up the river Over the past few years, my sub- ditional 38.2 percent reduction for so that they can continue to compete. committee has held hearing after hear- Corps work along the Mississippi River.

VerDate Mar 15 2010 01:15 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.026 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4807 Collectively, for the hundreds of Mr. VISCLOSKY. I appreciate the Mr. WOODALL. I’ve got a copy right Corps projects around the country, gentleman for yielding and would join here. I would be happy to—— these reductions in funding will result in his remarks. Mr. VISCLOSKY. I regret that the in a growing deficiency in maintenance I appreciate the position of the gen- gentleman did not share it with us ear- that will continue to expand until it tleman. As, again, I have pointed out lier. becomes an emergency or fails at a in the past, if we look at the need that Mr. WOODALL. I turned in a copy at critical moment. the gentleman so eloquently stated, it the desk, and I regret that the ranking Given the lack of viable offsets in is overwhelming. Currently for the top member didn’t get one earlier. this bill, my amendment focuses on the 59 ports in the U.S., the Corps is only The CHAIR. The gentleman from Corps’ Operation and Maintenance ac- able to maintain authorized depths Georgia is recognized for 5 minutes. count that provides funding to the within the middle of the channel 33 Mr. WOODALL. Thank you, Mr. Corps to dredge existing harbors to percent of the time. Chairman. their congressionally authorized width I might also add, though, that the My amendment moves to strike from the operation and maintenance ac- and depth. chairman noted that the actual mon- eys contained in this bill, inadequate count all dollars for global warming b 1510 as they are, are more than the Presi- project planning. Mr. Chairman, eliminating the funds dent of the United States asked for. So I know the committee put a lot of ef- for operation and maintenance is both I do want to remind my colleagues fort into this particular section of the penny-wise and pound-foolish. Busi- about that fact. It doesn’t solve our bill, plussing it up almost a million nesses large and small depend greatly problem, but there were also points dollars over 2011 levels, up $52 million on their ability to move their goods to that administrations, past and present, from the FY 2012 request. market by using our Nation’s water- they have got to wake up and recognize I come from a county—my primary ways. we’ve got to make an investment. county, Mr. Chairman, depends en- From California importers to Min- I also do believe at this point in time tirely on a Corps water project for all nesota miners to Ohio steelworkers to that there is a purpose for the moneys of our drinking water, not to mention Michigan manufacturers to New York the committee has set aside as far as recreation and economic development, fishermen to Louisiana exporters to Il- fossil research. We do need to learn and on and on and on. So I’m very in- linois farmers to Pennsylvania pro- how to use carbon fuels more cleanly. teresting in seeing the Corps succeed. ducers, they and a great many others We have to learn how to use them more What I’m concerned about are those depend on efficient waterborne trans- efficiently, as we also look for a broad- silos that are being created in govern- portation to receive goods, move prod- er mix of energy policy in this country. ment today, Mr. Chairman. This body ucts to market, create jobs, and grow So, very reluctantly, I would have to in the early 1970s would have been talk- economically. oppose the gentleman’s amendment, ing about the calamity we are faced I encourage my colleagues to support but I agree with every word he has said with, global cooling, and here we today this amendment. about the need in this country. with a special budget line item for I yield back the balance of my time. POINT OF ORDER global warming for the Corps of Engi- Mr. FRELINGHUYSEN. Mr. Chair- Mr. FRELINGHUYSEN. Mr. Chair- neers. man, I continue to reserve my point of man, I insist on my point of order. We have a great deal of global warm- order. The CHAIR. The gentleman will state ing money going into our Department The CHAIR. The gentleman con- his point of order. of the Interior, going into the Environ- tinues to reserve. Mr. FRELINGHUYSEN. Mr. Chair- mental Protection Agency. The Corps Mr. FRELINGHUYSEN. I move to man, the amendment proposes to at its core is a construction agency, strike the last word. amend portions of the bill not yet read. and certainly this account provides for The CHAIR. The gentleman from The amendment may not be consid- operations and maintenance for any- New Jersey is recognized for 5 minutes. ered en bloc under clause 2(f) of rule thing that might come up along those Mr. FRELINGHUYSEN. Mr. Chair- XXI because the amendment proposes lines. But rather than creating this silo man, I oppose the gentleman’s amend- to increase the level of outlays in the to focus specifically on global warming ment. bill. issues, in these tough economic times Again, our bill strikes a balance be- I ask for a ruling from the Chair. The CHAIR. Does any other Member when we have so many Corps projects tween funding for many competing na- that are so lacking in funding, my tional priorities in this bill that this wish to be heard on the point of order? If not, the Chair is prepared to rule. amendment would strike this account amendment would undo. To be considered en bloc pursuant to in its entirety, $4.9 million, and trans- I do, and we do, support the impor- clause 2(f) of rule XXI, an amendment fer that money to a deficit reduction tant work of the Army Corps of Engi- must not propose to increase the levels account. neers but not at the expense of those of budget authority or outlays in the I yield back the balance of my time. national priorities—national defense, bill. Mr. MARKEY. I move to strike the scientific research, good things in the Because the amendment offered by last word. Department of Energy. And may I say the gentleman from New York proposes The CHAIR. The gentleman from our mark is considerably more gen- a net increase in the level of outlays in Massachusetts is recognized for 5 min- erous for these purposes than the the bill, as argued by the chairman of utes. President’s mark; so do give us a little the Subcommittee on Appropriations, Mr. MARKEY. Mr. Chairman, I rise bit of credit. it may not avail itself of clause 2(f) to in opposition to this amendment. This attack on science, this attack This amendment would cut into the address portions of the bill not yet on the need to learn more about the fossil energy research program, an ac- read. count nearly $200 million below the The point of order is sustained, and science of climate change, more about 2010 budget mark. Fossil energy, I the amendment is not in order. the impacts which this changing global environment is having upon our planet think as we’re all aware of, produces AMENDMENT OFFERED BY MR. WOODALL nearly 70 percent of our Nation’s elec- Mr. WOODALL. Mr. Chairman, I have is just, once again, a direct attack tricity, and we must continue to invest an amendment at the desk. upon the reality that the planet is to ensure that we use our fossil re- The CHAIR. The Clerk will report the warming, and in parts of the planet, sources efficiently and clearly. amendment. the Arctic, sub-Saharan Africa, dan- This bill, again, strikes a careful bal- The Clerk read as follows: gerously so. ance between these priorities, and I op- Page 6, line 6, after the dollar amount, in- So the role that science plays is a lit- pose the amendment and will insist on sert ‘‘(reduced by $4,900,000)’’. tle bit like the role that Paul Revere my point of order. Page 62, line 2, after the dollar amount, in- played. The scientists are saying cli- Mr. VISCLOSKY. Will the gentleman sert ‘‘(increased by $4,900,000)’’. mate change is coming. It’s inten- yield? Mr. VISCLOSKY. Mr. Chairman, we sifying. It can do great harm to our Mr. FRELINGHUYSEN. I yield to the do not have a copy of the gentleman’s planet and to the security interests of gentleman from Indiana. amendment. our planet.

VerDate Mar 15 2010 01:25 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.028 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4808 CONGRESSIONAL RECORD — HOUSE July 11, 2011 So this amendment basically strikes Now, this is serious stuff that affects in the same budget, they increase the right at what it is that the rest of the the planet. I’m glad the gentleman who funding for oil, gas, and coal. world expects our country to be, which chaired the committee on this took Now, that is a budget looking in a is the leader on science. And if we look time to be here. rearview mirror at the technologies at it in the totality of the energy part Mr. MARKEY. I thank the gen- that are causing problems, including of this bill that we’re considering tleman. national security problems for us be- today where they cut the funding for We’ve had 11 three- and four-star gen- cause of some importation of that oil, solar, for wind, for energy efficiency, erals and admirals testify that we need while not in fact depending upon our for geothermal, for biomass, for plug-in a national intelligence assessment of technological genius. And that’s what hybrids, for all-electric vehicles, it’s the defense implications of global young people in our country want. all part of a pattern where they slash warming around the planet, and we They want us to use the technology to the budgets for those programs that have done that for the Pentagon. We be able to tell the Saudis and others can help to deal with the impacts of have done that for the National Secu- that we don’t need their oil any more global warming. rity Agency at their request. They be- than we need their sand. b 1520 lieve it’s real. They believe it has real But what we have here is not only a implications for the defense of our national security disaster but an envi- By the way, this same bill increases country where we might have to ronmental disaster which is looming in the budget for oil, coal, and gas, that project force. our country. And the Republicans con- which is creating this global warming, The same thing is true domestically, tinue to slash away at the science that the man-made gases that we know are however. The same thing is true in helps us to protect them. dangerously warming the planet. So terms of how we have to protect our Mr. DICKS. I appreciate the gentle- the green generation, the young people own people because of rising rivers, be- man’s statement. in our country, they look on at this de- cause of increased drought, because of I yield to the gentleman from Geor- bate, and they say, How can the Repub- the melting of the Arctic, because vil- gia. licans cut wind and solar in the same lages are falling into the ocean up in Mr. WOODALL. I appreciate the budget that they are then going to Alaska because of the melting tundra. work you’ve done on this bill. defund the studies that basically help These are things that affect us here in This appropriation, this $4.9 million us to forecast, to deal with and to ana- the United States today. And to say, isn’t about doing the science. You lyze the impact of global warming and no, we are going to defund all aspects won’t see me down here attacking dol- climate warming on our planet? lars for the science. But as the gen- I urge a ‘‘no’’ vote. of that is a mistake. I yield to the gentleman from Indi- I yield back the balance of my time. tleman knows, this is about the main- ana. Mr. DICKS. I move to strike the req- tenance and operation of Corps projects Mr. VISCLOSKY. I appreciate the uisite number of words. dedicated solely to global warming. If gentleman yielding and would join in The CHAIR. The gentleman from we were talking about the science, his objection to the amendment that is Washington is recognized for 5 min- then let’s talk about the engineers and offered. I happen to believe that we utes. the folks who are going to do that have climate change. Others will de- Mr. DICKS. There also is another as- Corps research. bate that, and I would set aside that pect of this that some people don’t rec- This isn’t that. This is just like the debate for the moment and simply rec- ognize, and that is ocean acidification, bricks-and-mortar operations and ognize the obvious, and that is we have which is upon us. A significant amount maintenance that goes on in every had significant variations in weather of carbon dioxide goes into the oceans. Corps project in my district, and every patterns in the United States of Amer- And that’s why getting a handle on other Corps project across the country, ica. We have had horrific flooding in this and trying to control CO2 emis- but just put in the global warming silo. the Midwest during this past year, and sions is so very important. And when it And I’m concerned that the visceral re- that flooding has huge impacts on the goes into the ocean, it has a negative action that even a discussion of oper- reservoirs that are managed by the effect on coral and it has a negative ef- ations and maintenance brings up dem- Army Corps of Engineers. I think it is fect on oysters. It has a negative effect onstrates where silos of this kind do not correct public policy to not proceed on anything in a shell. In fact, there is more harm than good. with the study as to how climate and the phytoplankton which is one of the I thank the gentleman for yielding. weather patterns affect those very im- crucial elements for salmon, 60 percent Mr. DICKS. I yield to the gentleman portant Corps projects and appreciate of the food for salmon. If the acidity from Massachusetts. the chairman rising in objection. rate gets as high, the pH rate drops and Mr. MARKEY. I thank the gen- The CHAIR. The time of the gen- the acidity goes up, those fish will be tleman. tleman from Massachusetts has ex- adversely affected. This item is a response to climate pired. Mr. WOODALL. Will the gentleman change at Army Corps projects, re- (On request of Mr. DICKS, and by yield? sponse to climate change. Are we going unanimous consent, Mr. MARKEY was Mr. DICKS. I want to yield to the to be in denial that projects here in the allowed to proceed for 1 additional gentleman from Massachusetts, and United States aren’t affected by cli- minute.) then I will yield to the gentleman. mate change, that we are somehow im- Mr. MARKEY. I yield the gentleman Mr. MARKEY. I thank the gen- mune to what’s happening in the Arc- from Washington 1 additional minute. tleman. tic and the sub-Saharan deserts of Afri- Mr. DICKS. Will the gentleman So this is science. This is undeniable. ca right now? No, we are not. yield? This is what the green generation And so this amendment is just a con- Mr. MARKEY. I yield to the gen- keeps screaming at our generation, Are tinuation of this same attack that the tleman from Washington. you going to do anything about it? Are whole bill is, in fact, aimed at achiev- Mr. DICKS. I held hearings when I you going to put a plan in place to deal ing. was chairman of the Interior and Envi- with it? And what their budget today Mr. DICKS. What I worry about is ronment Appropriations Sub- says is, no, we are slashing the wind how many of our people live on the committee, brought in the Federal budget, the solar budget, the plug-in coast of this country who could be di- agencies, and every one of them testi- hybrid budget, the all-electric vehicle rectly impacted by rising sea levels. fied that they could already see signs budget, and the energy efficiency and And the seas have gone up more rap- of the effects of climate change: one conservation budget. We are slashing, idly in this last 50 years than it has in was a longer fire season; one was more slashing, slashing, slashing. And then, the last 3,000 years. Somebody’s got to drought; one was more variations in to put the cherry on top of the sundae, take this seriously. Obviously, there weather; and, most importantly, to the they say, well, let’s just eliminate the are some on the other side who are in Corps of Engineers, that the seas are money that deals with the study of denial. The gentleman said it quite rising at a rate more rapidly than at global warming climate science, be- correctly. They don’t believe that this any time in the last 3,000 years. cause obviously it’s not a problem. And is real. It is real.

VerDate Mar 15 2010 01:25 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.031 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4809 Mr. MARKEY. Will the gentleman this afternoon, that is good for the U.S. that tax was created in 1986. What the yield? economy. RAMP Act will do is basically cordon Mr. DICKS. I yield to the gentleman What has happened since 1986 is the off this tax revenue so that it is used from Massachusetts. revenue collected through the harbor for the intended purpose that Congress Mr. MARKEY. We just had a debate maintenance tax has gone up at a meant when it was passed in 1986. on the Everglades. The Everglades is a steady rate. It has gone up 13 percent What that will do is it will take pres- perfect example of where, over the next just in the last year because there are sure off this subcommittee’s budget 20 to 50 years, climate change is going a lot more imported goods coming into year in and year out. Again, it will deal to have a profound impact on an entire this country, but the funding for actual with this problem that has worsened, State. And this amendment is just part dredging has plateaued. It has been at as the subcommittee chairman men- of the denial, as is the evisceration, the a level pace so that today, we have a tioned, because earmarks are now a annihilation of the wind, solar, and all- budget which calls for using only 53 thing of the past in terms of dealing electric vehicle budget that is being percent of the harbor maintenance with dredging projects. What it will do cut out of this bill. taxes collected for the purposes of is create a stable flow of money into Mr. DICKS. If they don’t take into dredging America’s harbors. This the Army Corps of Engineers harbor account Corps of Engineers projects on would be like having only 53 percent of maintenance dredging fund so that all the possibilities that the seas are going our gas taxes being spent on surface of these projects that we have heard to rise, I mean, this could be cata- transportation in this country. If mo- about this afternoon—again, from one strophic. It could be another Katrina. torists saw only 53 percent of gas taxes end of the country to the other—are I yield back the balance of my time. being actually used to maintain roads actually going to be paid for. We have The CHAIR. The question is on the in this country, there would be a revo- over 100 bipartisan cosponsors. amendment offered by the gentleman lution, because there is a promise in The Transportation Committee had a from Georgia (Mr. WOODALL). terms of Federal gas taxes that it will hearing this past Friday, and it does The question was taken; and the be used to maintain surface transpor- appear from Mr. MICA that they are Chair announced that the noes ap- tation. going to move forward in terms of peared to have it. Well, that was the equivalent idea adopting the RAMP Act as part of the Mr. WOODALL. Mr. Chairman, I de- under the harbor maintenance tax transportation authorization bill. mand a recorded vote. passed in 1986, that it would be used to This amendment, again, puts a spot- The CHAIR. Pursuant to clause 6 of invest and reinvest in America’s har- light on the fact that only 53 percent of rule XVIII, further proceedings on the bors. the harbor maintenance tax revenue is amendment offered by the gentleman Because we are, in fact, diverting being used for its intended purpose, and from Georgia will be postponed. year in and year out hundreds of mil- that is the reason why I have offered lions of dollars out of the harbor main- this amendment. AMENDMENT OFFERED BY MR. COURTNEY I suspect it will be subject to a point tenance tax away from its intended Mr. COURTNEY. Mr. Chairman, I of order. But again, I think it is impor- purpose, we have what we have seen have an amendment at the desk. tant for people to realize there is a way here this afternoon. We have heard The CHAIR. The Clerk will report the out of this problem that we face: Pass from Members from Massachusetts, amendment. the RAMP Act. The Clerk read as follows: from New York, Louisiana, South The CHAIR. The time of the gen- Page 7, line 15, insert before the period at Carolina, and New Jersey. tleman has expired. the end ‘‘: Provided further, That in addition, I can chime in from Connecticut. We Mr. FRELINGHUYSEN. Mr. Chair- there is appropriated $808,000,000, which shall have about $113 million of dredging man, I continue to reserve my point of be derived from the Harbor Maintenance that is underfunded from Bridgeport all order, and I move to strike the last Trust Fund’’. of the way to Stonington. And I know word. Mr. FRELINGHUYSEN. I reserve a the gentleman from New Jersey is fa- The CHAIR. The gentleman from point of order on the gentleman’s miliar with the fact that we are on the New Jersey is recognized for 5 minutes. amendment. silty side of Long Island Sound. Again, Mr. FRELINGHUYSEN. Mr. Chair- The CHAIR. The point of order is re- we have a Navy base which requires man, while I strongly support the gen- served. dredging to keep our attack sub- tleman from Connecticut’s overall in- The gentleman from Connecticut is marines going in and out of New Lon- tent, I must regretfully oppose his recognized for 5 minutes. don. But we also have a maritime econ- amendment. omy that depends on having these Fed- I share my colleague’s concern for b 1530 eral waterways dredged. sufficiently maintaining our water- Mr. COURTNEY. Mr. Chairman, this The budget that we will be passing ways. These waterways contribute sig- amendment is simple. It would in- this year, whether it is the President’s nificantly to our national economy by crease the Army Corps of Engineers op- budget or whether it is the one that the providing a means of cost-effective erations and maintenance budget by subcommittee has reported out, is cargo transportation. In recognition of $808 million in 2012. This number is not clearly inadequate in terms of making the economic benefits of navigation a random number that was just picked sure that our waterways are passable. generally and maintenance dredging out of the air. This number represents As we have heard from other Mem- specifically, the bill before us provides the difference between the tax revenue bers, because of the increase in terms funds above the President’s budget re- collected through the harbor mainte- of imports, whether we pass these new quest for navigation needs—$191 mil- nance tax and the amount of money free trade agreements or not, the ex- lion in total and $99 million specifi- that is actually being spent out of the pansion of the Panama Canal is going cally for the operation and mainte- harbor maintenance trust fund for the to double the amount of imports nance activities. This funding rep- purpose of maintaining and dredging brought in by sea into this country, resents a 12 percent increase over the America’s harbors. and we have a system that is clearly President’s own budget for navigation. Again, for some listeners it might be inadequate in terms of dealing with I also agree with the gentleman from helpful to understand that in 1986, the that challenge. Connecticut’s idea that if the Federal Congress passed a harbor maintenance Now there is legislation pending be- Government levies a tax for a specific tax, which is a tax—it is really a user fore the Congress. I am a cosponsor purpose, the revenue should be used for fee—on imported goods coming into with the gentleman from Louisiana that purpose. Unfortunately, the only America’s harbors all across this coun- (Mr. BOUSTANY). It is called the RAMP way to do that at this point would be try, East Coast, West Coast, all across Act. It is an acronym for Restore to make substantial reductions in the coastlines of the United States of America’s Maritime Promise Act, other priorities in our bill. America. The purpose of that tax was which is a grandiose title, but it is The gentleman’s amendment would to create a fund to dredge harbors so true. We need to make sure that these avoid those difficult decisions by sim- we would have passable waterways. harbor maintenance taxes are being di- ply not offsetting the additional spend- Again, we have heard over and over rected to their intended purpose when ing, but our debt crisis makes that,

VerDate Mar 15 2010 01:25 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.038 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4810 CONGRESSIONAL RECORD — HOUSE July 11, 2011 too, an untenable option. For these FORMERLY UTILIZED SITES REMEDIAL ACTION 208 of the Flood Control Act of 1954, section reasons, even though I am very much PROGRAM 107 of the River and Harbor Act of 1960, sec- in support of what he is trying to For expenses necessary to clean up con- tion 103 of the River and Harbor Act of 1962, tamination from sites in the United States section 111 of the River and Harbor Act of achieve, which is things for navigation, 1968, section 1135 of the Water Resources De- keeping America open for business, I resulting from work performed as part of the Nation’s early atomic energy program, velopment Act of 1986, section 206 of the must oppose his amendment, and I will $109,000,000, to remain available until ex- Water Resources Development Act of 1996, or insist on my point of order. pended. section 204 of the Water Resources Develop- Mr. VISCLOSKY. Will the gentleman ment Act of 1992. FLOOD CONTROL AND COASTAL EMERGENCIES yield? (c) This section shall not apply to addi- Mr. FRELINGHUYSEN. I would be For expenses necessary to prepare for tional flood and coastal storm damage reduc- floods, hurricanes, and other natural disas- tion and navigation program funds provided happy to yield to the ranking member. ters and support emergency operations, re- Mr. VISCLOSKY. I appreciate the under ‘‘Remaining Items’’ in the tables pairs, and other activities in response to under the headings ‘‘Corps of Engineers- gentleman yielding, and just want to such disasters as authorized by law, Civil—Construction’’ and ‘‘Corps of Engi- make one observation. $27,000,000, to remain available until ex- neers-Civil—Operation and Maintenance’’ or The gentleman is absolutely correct pended. to additional investigations funding under as far as the maintenance fund. After EXPENSES ‘‘National Programs’’ under the heading fiscal year 2012, there will be $6.928 bil- For expenses necessary for the supervision ‘‘Corps of Engineers-Civil—Investigations’’ lion in the fund. Today there is $5.474 and general administration of the civil in the report of the Committee on Appropria- billion in the fund. That discrepancy is works program in the headquarters of the tions of the House of Representatives to ac- Corps of Engineers and the offices of the Di- company this Act. $1.454 billion. Apparently, it will make (d) The Corps of Engineers shall submit re- the deficit look a bit better, but at $1 vision Engineers; and for costs of manage- ment and operation of the Humphreys Engi- ports on a quarterly basis to the Committees trillion, who are we fooling? Certainly on Appropriations of the House of Represent- no one in the United States of Amer- neer Center Support Activity, the Institute for Water Resources, the United States atives and the Senate detailing all the funds ica. The chairman of the committee Army Engineer Research and Development reprogrammed between programs, projects, activities, or categories of funding. The first rightfully pointed out that it is unfair Center, and the United States Army Corps of quarterly report shall be submitted not later to those who are paying the tax, it is Engineers Finance Center allocable to the than 60 days after the date of enactment of unfair to those companies who want to civil works program, $185,000,000, to remain this Act. available until expended, of which not to ex- make a fair profit, as well as to those SEC. 102. None of the funds in this Act, or who might be able to work, if we could ceed $5,000 may be used for official reception previous Acts, making funds available for resolve this problem. and representation purposes and only during Energy and Water Development, shall be Mr. FRELINGHUYSEN. I yield back the current fiscal year: Provided, That no used to implement any pending or future part of any other appropriation in this title competitive sourcing actions under OMB Cir- the balance of my time. shall be available to fund the civil works ac- POINT OF ORDER cular A-76 or High Performing Organizations tivities of the Office of the Chief of Engi- for the Army Corps of Engineers. Mr. FRELINGHUYSEN. Mr. Chair- neers or the civil works executive direction AMENDMENT OFFERED BY MR. SESSIONS man, I insist on my point of order. and management activities of the division The CHAIR. The gentleman from offices: Provided further, That any Flood Con- Mr. SESSIONS. Mr. Chairman, I have New Jersey will state his point of trol and Coastal Emergencies appropriation an amendment at the desk. order. may be used to fund the supervision and gen- The CHAIR. The Clerk will report the Mr. FRELINGHUYSEN. Mr. Chair- eral administration of emergency oper- amendment. The Clerk read as follows: man, the amendment proposes a net in- ations, repairs, and other activities in re- crease in budget authority in the bill. sponse to any flood, hurricane, or other nat- Strike section 102. ural disaster. The amendment is not in order under The CHAIR. The gentleman from OFFICE OF THE ASSISTANT SECRETARY OF THE Section 3(j)(3) of House Resolution 5, Texas is recognized for 5 minutes. ARMY FOR CIVIL WORKS 112th Congress, which states: ‘‘It shall Mr. SESSIONS. Mr. Chairman, over For the Office of the Assistant Secretary of the last few weeks, the House has voted not be in order to consider an amend- the Army for Civil Works as authorized by ment to a general appropriations bill three times in favor of striking prob- section 3016(b)(3) of title 10, United States lematic and anticompetitive A–76 lan- proposing a net increase in budget au- Code, $5,000,000, to remain available until ex- thority in the bill unless considered en pended. guage from H.R. 2017, the Department of Homeland Security appropriations bloc with another amendment or ADMINISTRATIVE PROVISION bill; and from H.R. 2112, the Agri- amendments proposing an equal or The Revolving Fund, Corps of Engineers, greater decrease in such budget author- shall be available during the current fiscal culture appropriations bill; and last ity pursuant to clause 2(f) of rule XXI.’’ year for purchase (not to exceed 100 for re- week from H.R. 2219, the Department of The amendment proposes a net in- placement only) and hire of passenger motor Defense appropriations bill. crease in budget authority in the bill vehicles for the civil works program. b 1540 in violation of such section. GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL The same change and reversal of bad I ask for a ruling from the Chair. policy should be adopted in this legis- The CHAIR. Does any Member wish (INCLUDING TRANSFERS OF FUNDS) lation by striking section 102 from the to be heard on the point of order? SEC. 101. (a) None of the funds provided in bill. My amendment would strike sec- The gentleman from New Jersey this title shall be available for obligation or makes a point of order that the amend- expenditure through a reprogramming of tion 102 of this legislation, which, as ment offered by the gentleman from funds that— drafted, prohibits the use of any funds Connecticut violates section 3(j)(3) of (1) creates or initiates a new program, in the underlying bill to convert any House Resolution 5. Section 3(j)(3) es- project, or activity; functions performed by Federal Gov- (2) eliminates a program, project, or activ- ernment employees to private competi- tablishes a point of order against an ity; amendment proposing a net increase in tion pursuant to a study conducted (3) increases funds or personnel for any under OMB Circular A–76 or high-per- budget authority in the pending bill. program, project, or activity for which funds As persuasively asserted by the gen- are denied or restricted by this Act; forming organizations for the Army tleman from New Jersey, the amend- (4) reduces funds that are directed to be Corps of Engineers. ment proposes a net increase in budget used for a specific program, project, or activ- Currently, some 850,000 of the 2 mil- authority in the bill. Therefore, the ity by this Act; lion executive branch, non-postal, full- point of order is sustained. The amend- (5) increases funds for any program, time, and permanent positions are jobs project, or activity by more than $2,000,000 or ment is not in order. that are commercial in nature. The 10 percent, whichever is less; or Heritage Foundation has reported that The Clerk will read. (6) reduces funds for any program, project, The Clerk read as follows: subjecting Federal employee positions or activity by more than $2,000,000 or 10 per- which are commercial in nature to a REGULATORY PROGRAM cent, whichever is less. For expenses necessary for administration (b) Subsection (a)(1) shall not apply to any public-private cost comparison gen- of laws pertaining to regulation of navigable project or activity authorized under section erate on average a 30 percent cost sav- waters and wetlands, $196,000,000, to remain 205 of the Flood Control Act of 1948, section ings regardless of which sector wins available until expended. 14 of the Flood Control Act of 1946, section the competition.

VerDate Mar 15 2010 02:04 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.041 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4811 According to Americans for Tax Re- ported that agencies are constantly un- confusion about which waters and wet- form, the average cost of each new Fed- able to demonstrate that A–76 studies lands should receive protection under eral employee for salary, benefits and result in savings and that agencies fail the Clean Water Act. As a result, im- pension totals $4.27 million. Without to consider the significant costs of con- portant fish, wildlife, flood protection, competition, government-run monopo- ducting such studies. There is nothing and filtering waters now lack clear pro- lies of commercial activities duplicate wrong with attempts to look for effi- tection under the law, and businesses and price out the private sector, result- ciencies in the Federal workforce—that and regulators face uncertainty and ing in inefficient expenditures of tax- certainly is clear—but when describing delay as to which waters should fall payer money. The requirements out- A–76 processes, I think of a phrase under Federal protection. lined in section 102 are unnecessary. often uttered by other colleagues: The Corps of Engineers and the Envi- Rather than preventing market com- ‘‘That dog won’t hunt.’’ ronmental Protection Agency devel- petition that would improve service We need to stop wasting millions of oped draft guidance this spring to and lower costs, we should be encour- dollars on these expensive competi- clearly show which waters should be aging agencies to find the best way to tions that time and again show govern- protected, and this guidance does pro- deliver services to the citizens of this ment employees are a less expensive al- vide clear and predictable guidelines in great Nation. The role of government ternative, and I would urge all of my accordance with the Court’s direction, should be to govern, not to operate colleagues to vote ‘‘no.’’ but this bill prohibits that guidance businesses inside the government. I yield back the balance of my time. from moving forward this year and The Nation’s current unemployment Mr. FRELINGHUYSEN. Mr. Chair- every subsequent year. The Supreme rate is 9.2 percent. Congress must allow man, I rise in support of the gentleman Court did remove some waters from the private sector the ability to create from Texas’ amendment. Federal protection, but it left a great jobs without an unfair disadvantage The CHAIR. The gentleman from deal of confusion over which waters and, might I also add, without an un- New Jersey is recognized for 5 minutes. and wetlands should be protected. The fair disadvantage to the taxpayer. Re- There was no objection. EPA and the Corps of Engineers are moving section 102 will allow the pri- Mr. FRELINGHUYSEN. The amend- using an open, public process to de- vate sector just this opportunity. If ment of the gentleman from Texas will velop the guidance. Published in May competition is deemed fair, it really allow the Corps to use the A–76 process and open for comment through July, doesn’t matter who wins. As long as at its discretion. It will not require the public, businesses and States have both sides are allowed equal oppor- that anything in particular be con- over 3 months to let the Federal agen- tunity, the taxpayer should be and, I tracted out. cy know their views. All comments will believe, would be the ultimate winner. I agree with the gentleman that, par- be considered and made publicly avail- I urge all of my colleagues to support ticularly during this time of necessary able. this commonsense, taxpayer-first budget-cutting, we should allow the It is important to understand what amendment and to ensure cost-saving agencies to evaluate all options and to the guidance does not do. This new competition is available. choose the most cost-effective manner guidance doesn’t change any existing I yield back the balance of my time. of delivering a product or service. The agricultural exemptions. All clean Mr. VISCLOSKY. I move to strike language to be struck is a carryover water exemptions for normal agricul- the last word. provision from several years ago when tural, forestry and ranching practices The CHAIR. The gentleman from In- there was, perhaps, too much of an em- continue to apply. The guidance also diana is recognized for 5 minutes. phasis placed on the A–76 process. We clearly describes waters that are not Mr. VISCLOSKY. Mr. Chairman, I are not in the same situation as several regulated under the act, including iso- rise in strong opposition to the gentle- years ago, as we know, so the provision lated wetlands, artificially irrigated man’s amendment. is unnecessarily restrictive. Therefore, areas, stock watering ponds, construc- The gentleman’s amendment would I strongly support the amendment. tion-related ponds, swimming pools, strike section 102 of the bill, a provi- I yield back the balance of my time. and washes and gullies. sion that prohibits the use of the Cir- The CHAIR. The question is on the Failing to update the guidance, cular A–76 privatization process and amendment offered by the gentleman which is what this bill would do unless high-performing organization process from Texas (Mr. SESSIONS). my amendment passes, is not only bad for the Army Corps of Engineers. This The question was taken; and the for the environment, but it’s also bad is a debate that we have had before. Chair announced that the noes ap- for business. This provision enjoys support from peared to have it. both sides of the aisle, and has been in- Mr. SESSIONS. Mr. Chairman, I de- b 1550 cluded in this bill every year since fis- mand a recorded vote. American businesses need to know cal year 2008. This provision was origi- The CHAIR. Pursuant to clause 6 of when the Federal Government has au- nally included to stop an effort to pri- rule XVIII, further proceedings on the thority and when it doesn’t. Without vatize the operation, maintenance and amendment offered by the gentleman updated guidance, developers have lit- repair of locks and dams. from Texas will be postponed. tle certainty regarding permits. This The importance of locks and dams to Mr. MORAN. Mr. Chairman, I move uncertainty could subject them to civil our Nation’s economy cannot be under- to strike the last word. and criminal penalties, and surely will stated, and any failure to ensure that The CHAIR. The gentleman from Vir- cost them extra money. the Nation’s waterways remain safe ginia is recognized for 5 minutes. Some also claim that Federal regula- and navigable would cripple the econ- Mr. MORAN. Only 3 percent of the tion is unnecessary because States will omy. These operators and mechanics water on this planet is freshwater, but protect the same waters under their make vital decisions affecting the that’s the water that we depend upon authority. But State authority to regu- lives, liberty and property of private for drinking, for agriculture, and for late waters of the United States de- persons, thus rendering the workload much of our fishing and wildlife habi- rives directly from Federal law. When inappropriate for contractor perform- tat. Federal law is unclear, State authority ance. Further, no reasonable argument If my amendment to strike section based on that law is also unclear. has been made that the locks and dams 109 of this bill is not accepted, critical States are still required to implement are overstaffed. Additionally, the Corps headwater and wetlands, which ensure the law, but they need clarity to be undertook a privatization study for the quality and the quantity of our consistent and to avoid lawsuits. Some their IT personnel in 2004. After an ex- freshwater supply, will be lost—lost to States may adequately protect clean pensive 3-year study, the results came the dumping of sewage, to toxic mining waters on their own, but not all do. back as an in-house win. materials, and to unregulated in-fill The Corps and the EPA must be able to In general, the circular is profoundly for residential, commercial and indus- protect water quality irrespective of flawed. Both the Government Account- trial development. whether individual States do. ability Office and the Department of Over the past decade, Mr. Chairman, Sixteen different sportsmen’s groups Defense Inspector General have re- two Supreme Court rulings have caused oppose the prohibition in this group, as

VerDate Mar 15 2010 02:04 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.047 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4812 CONGRESSIONAL RECORD — HOUSE July 11, 2011 do over 100 conservation groups. When Civil—Flood Control and Coastal Emer- During part of the year, the water wetlands are destroyed and streams are gencies’’ in Public Law 109–234 and Public flows under the surface, but it’s still polluted, sportsmen are often the first Law 110–252 and up to $75,000,000 of the funds there; it’s still important. If we don’t provided for projects and measures for the to be directly impacted. The economic West Bank and Vicinity and Lake enable our Federal agencies to clarify benefits of hunting and fishing con- Ponchartrain and Vicinity projects under which waters are to be protected, many tribute more than $65 billion to the the heading ‘‘Corps of Engineers-Civil— wetlands will be filled in, many habi- economy, breathing life into rural Flood Control and Coastal Emergencies’’ in tats will be destroyed, many streams communities and supporting millions Public Law 110–28, to be used with funds pro- that run alongside mines will be filled of jobs across the country. vided for the West Bank and Vicinity project with toxic material that will then sub- But these benefits are in jeopardy under the heading ‘‘Corps of Engineers- sequently run into rivers and water with this bill. Since 2001, safeguards for Civil—Construction’’ in Public Law 110–252 supplies that people need for their and Public Law 110–329, consistent with 65 headwater streams and critical wet- percent Federal and 35 percent non-Federal drinking water. lands have steadily eroded. Wetlands cost share and the financing of, and payment Some bodies of water will be filled in and tributaries that provide clean terms for, the non-Federal cash contribution with sewage. Some wetlands will be water for iconic systems like the associated with the West Bank and Vicinity filled in for industrial, commercial and Chesapeake Bay and the Great Lakes project. residential development. Some of that that recharge aquifers, help retain SEC. 108. The Secretary of the Army may doesn’t need to be protected, but much floodwaters, and provide important fish transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and of it does. And all of it needs to be and wildlife habitat are now endan- expend, up to $3,800,000 of funds provided in clarified. There’s no way we can clarify gered. These economic and environ- this title under the heading ‘‘Operation and what can be used and what needs to be mental benefits will be lost without up- Maintenance’’ to mitigate for fisheries lost protected unless the Corps of Engineers dated guidance and rules. due to Corps of Engineers projects. and EPA are allowed to go forward If this bill language stands, some SEC. 109. None of the funds made available with regulations and guidance that critical waters will be subject to sew- by this Act or any subsequent Act making they issued this spring. age dumping, to mining contaminants, appropriations for Energy and Water Devel- opment may be used by the Corps of Engi- Now, there’s still comments coming and to industrial pollution. Some will neers to develop, adopt, implement, admin- in. They’re still listening to all the be filled in for development. Bear in ister, or enforce a change or supplement to parties involved. But once they issue mind, much of the fresh water we de- the rule dated November 13, 1986, or guidance these regulations, private interests will pend upon is under the ground, but con- documents dated January 15, 2003, and De- know what can be developed and what tiguous to rivers and streams that our cember 2, 2008, pertaining to the definition of can’t; mining firms, farms will all fiscal health and the health of our waters under the jurisdiction of the Federal know what water is under the jurisdic- economy is dependent upon. Water Pollution Control Act (33 U.S.C. 1251 et seq.). tion of the Corps and what water isn’t. That’s why I urge a vote for my I believe that was the intent of the amendment to strike section 109. AMENDMENT OFFERED BY MR. MORAN Mr. MORAN. Mr. Chairman, I have Supreme Court. Two very important The CHAIR. The time of the gen- decisions, SWANCC and Rapanos, cer- tleman has expired. an amendment at the desk. The CHAIR. The Clerk will report the tainly said some waters are not under The Clerk will read. Federal jurisdiction, but they clearly The Clerk read as follows: amendment. The Clerk read as follows: left open a vast amount of room for the SEC. 103. None of the funds made available Page 14, strike lines 3 through 11 (and re- Federal Government to then clarify in this title may be used to award or modify which waters are under Federal protec- any contract that commits funds beyond the designate the subsequent sections accord- amounts appropriated for that program, ingly). tion. project, or activity that remain unobligated, The CHAIR. The gentleman from Vir- So this legislation—and not only except that such amounts may include any ginia is recognized for 5 minutes. does it apply to this fiscal year, it ap- funds that have been made available through Mr. MORAN. Mr. Chairman, I’ve ex- plies to all subsequent years—this leg- reprogramming pursuant to section 101. plained what this amendment does. I islation is going to cast enormous SEC. 104. None of the funds in this Act, or believe that it is critically important doubt. It’s going to generate millions previous Acts, making funds available for to protect the headwaters and the wet- of dollars of lawsuits all over the coun- Energy and Water Development, shall be lands of America. try. That’s why I oppose it, Mr. Chair- used to award any continuing contract that Two Supreme Court rulings cast con- commits additional funding from the Inland man. I don’t think it’s in our economic Waterways Trust Fund unless or until such siderable doubt on what is to be consid- interest or in our environmental inter- time that a long-term mechanism to enhance ered navigable water. Clearly, some est for us not to clarify by allowing the revenues in this Fund sufficient to meet the waters that may have been protected normal guidance process to go forward. cost-sharing authorized in the Water Re- in the past are not now protected, but I know that there is concern on the sources Development Act of 1986 (Public Law there is a great deal of confusion as to part of some farmers and miners and 99–662) is enacted. which waters do need to be protected. businesses, but the fact is the right SEC. 105. Not later than 90 days after the That’s why more than 100 environ- thing to do is to move forward and date of the Chief of Engineers Report on a mental groups, and more than 16 major water resource matter, the Assistant Sec- strike section 109 of this bill. retary of the Army for Civil Works shall sub- sportsmen’s groups have urged adop- The CHAIR. The time of the gen- mit the report to the appropriate author- tion of this amendment, which strikes tleman has expired. izing and appropriating committees of the section 109 because section 109 pre- Mr. REHBERG. Mr. Chairman, I Congress. cludes the Corps of Engineers and EPA move to strike the last word. SEC. 106. During the 1-year period begin- from issuing regulations that would The CHAIR. The gentleman from ning on the date of enactment of this Act, clarify what waters do fall under Fed- Montana is recognized for 5 minutes. the Secretary of the Army is authorized to eral protection. Mr. REHBERG. Confusion—you’ve implement measures recommended in the ef- The original idea was that you would heard the word confusion. There is no ficacy study authorized under section 3061 of define waters that are contiguous, that the Water Resources Development Act of one confused. That pesky Supreme 2007 (121 Stat. 1121) or in interim reports, you can see on the surface, that you Court has ruled against the environ- with such modifications or emergency meas- can navigate across from one State mental community of America saying ures as the Secretary of the Army deter- into another as falling under Federal you’re trying to overextend your au- mines to be appropriate, to prevent aquatic protection. The problem is that there thority or belief in the authority of the nuisance species from dispersing into the are a lot of waters that part of the year regulatory agencies. There is no confu- Great Lakes by way of any hydrologic con- may run under the ground but are still sion here. It’s a private property right. nection between the Great Lakes and the contiguous and supply water to navi- Mississippi River Basin. gable streams and to rivers that are ab- b 1600 SEC. 107. The Secretary is authorized to transfer to ‘‘Corps of Engineers-Civil—Con- solutely important to our economy and When the Clean Water Act was writ- struction’’ up to $100,000,000 of the funds pro- to our environment. ten, as the courts have made their deci- vided for reinforcing or replacing flood walls So which of those waters should EPA sion, whether it was the U.S. Supreme under the heading ‘‘Corps of Engineers- and the Corps of Engineers regulate? Court or the Fifth Circuit, they’ve

VerDate Mar 15 2010 02:11 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.066 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4813 made a determination that ‘‘navi- ural resources for the betterment of and it will bring it to Washington, 2,000 gable’’ means navigable. Thank good- the natural resources, for clean water. miles away from where the regulators ness. Finally, a court that gets it; a Let the people that have allowed us the are currently doing their jobs well court that understands, that makes the opportunity to have the clean water every day, and put it right here in right decision. There is no confusion have it in the future. That’s private Washington, D.C., where people don’t here. The confusion is that there is an property. That’s a clear understanding understand the scarcity of water, element within American society that of State regulations. where people don’t understand our reg- wants to regulate all water to the det- One of the reasons we’re even going ulatory schemes, where they don’t un- riment of private property rights. through the whole states’ rights issue derstand our case law, where they don’t They want to make a determination in the water issue and the adjudication understand our ditch riders, where that if there is a stock water pond and process in places like Montana is so they don’t understand our superintend- a duck lands on it, we get control. If that we can clearly understand that ents, where they don’t understand our there’s an independent stream, mean- it’s a states’ rights issue, that we’d bet- boards of control, they don’t under- ing it goes underground, and then occa- ter understand water—especially the stand our State engineers. sionally when it rains too much and headwaters. And, frankly, the down- Under the Western Attorneys Gen- there is going to be moisture, we want stream States are the beneficiaries of eral Conference, there is a specific en- control. This is what we’re talking the clean water that we’re sending tity related to the State engineers. The about in America today, overregula- them. State engineers in the West are the tion. When we talk about jobs—where Don’t further hamstring us. Don’t tie people who regulate water. They meet are the jobs—a lot of it is because of our hands. Don’t allow additional regu- regularly to discuss interstate issues overregulation. latory oversight for the various agen- and water jurisdiction as well as intra- Might I remind my colleague from cies that are helping to create a prob- state issues. This is a well-regulated, Virginia, when I first got to Congress, lem. And we’ll have better clean water. well-understood, well-managed, well- one of the biggest issues was sewage Society will have a better environ- articulated system. dumped in a river—what river? the Po- ment. We will have a better America. To take it and decide the Federal tomac—in the dead of night. When And as a result, we will have the jobs Government, for no good reason, could their sewer system was full, the D.C. that we want. do better at a time when the Federal Government took their sewage and I yield back the balance of my time. Government is broke and we cannot ex- dumped it into the Potomac. And you Mrs. LUMMIS. I move to strike the pand its jurisdiction without costing know what happened? We thought, fi- last word. the taxpayers needlessly more is a nally, us western Congressmen and The CHAIR. The gentlewoman from travesty, Mr. Chairman. I yield back the balance of my time. -women, that there was going to be Wyoming is recognized for 5 minutes. Mr. HASTINGS of Washington. Mr. parity, there was going to be equality, Mrs. LUMMIS. Mr. Chairman, I rise Chairman, I move to strike the last there was going to be a recognition to oppose the amendment and to sup- port the underlying bill. word. that many of the rules and regulations The CHAIR. The gentleman is recog- were difficult, there needed to be an in- Water rights are a State issue. And this amendment would allow two Fed- nized for 5 minutes. frastructure bill that was going to Mr. HASTINGS of Washington. Mr. eral agencies to increase their own come and clean up our waters. Chairman, I too rise to oppose this scope of jurisdiction pursuant to the And what did the Virginia, Maryland, amendment offered by the gentleman and D.C. Representatives do to Con- Clean Water Act. Those agencies have from Virginia, an amendment offered, gress? They got an exemption from the acknowledged that this amendment in my mind, to protect this administra- decision to continue to allow some of would allow them to increase the scope tion’s overreach on regulating all bod- the things that were occurring in the of their jurisdiction under the Clean ies of water in this country. Potomac. Water Act. It is not that nonnavigable As my friend from Montana alluded You want to talk about the endan- waters go without regulation. Nonnav- to, this really is a job-killing amend- gered species and the bridge south of igable waters are regulated. They are ment. Section 109 of the Energy and here going across the Potomac? There regulated in the States by State sys- Water Development Appropriations bill was an Endangered Species Act. We tems. In the State of Wyoming, that puts a check on this administration’s westerners, said, Thank God. Finally system is a regulatory system adminis- proposed ‘‘guidance’’ on Clean Water there’s going to be equality. There’s tered by the executive branch. In Colo- Act regulations. Mr. Chairman, at a going to be parity. You are going to rado, that system is an adjudicatory time when unemployment exceeds 9 recognize that some of the things that system regulated through the courts. percent, this so-called guidance docu- we’re having to deal with in the West But in every case, in the West, where ment, from my point of view, being just don’t necessarily work as easily as water is precious and sparse, the people from the West, will undermine eco- you think they’re going to. who control it—whether it is in my nomic growth, increase permitting re- What did the Representatives from State, like the board of control and our quirements, and undoubtedly lead to D.C. and Virginia and Maryland do? four regions and our water commis- more litigation. They helped Congress and the bureauc- sioners, our superintendents, our ditch According to the American Farm Bu- racy turn their backs on those various riders, our ranchers, our farmers, our reau Federation, this guidance docu- regulations. This is clearly understood. Department of Environmental Qual- ment ‘‘would take an overly broad view This is clearly defined. We don’t want ity—they know the names of the of waters of the United States and the Federal agencies mucking around streams; they know the names of the would serve as a road map to designate in an issue that they don’t understand. people who interact with the streams, nearly all bodies of water, and even This is clearly an East versus West or the livestock that interacts with the some dry land, as subject to Federal an urban versus rural debate. streams, the wildlife that interacts regulation that dictates land use deci- Finally, finally, the courts have said, with the streams, the weeds, the crops, sions.’’ enough is enough. You’ve gone too far. the grass. They understand these eco- Mr. Chairman, water is a precious There is no confusion. The only confu- systems. commodity, especially to those of us in sion is they want to create confusion. State government has been regu- the West. It is a necessary resource for They want to make an argument so lating water for over a century in a many activities, including agriculture, they can ultimately start overregu- very comprehensive, clear, boots-on- energy, transportation, and recreation. lating one more time to the cost of our the-ground, understand the systems Our economy and way of life cannot af- jobs, to the cost of our economy, frank- way of managing. Now if you take that ford to have the Federal Government ly, in some cases, like in the Potomac, and allow the EPA and the Army Corps claim control of all waterways in this to the cost to our environment. Shame of Engineers to expand their jurisdic- country. This administration’s attempt on them. tion in a way that includes nonnav- to enact such Draconian regulations Work with the western colleagues to igable waters, it will take that regu- through regulatory fiat is a deliberate clearly understand how to manage nat- latory scheme that is working so well, attempt to circumvent Congress.

VerDate Mar 15 2010 02:11 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.053 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4814 CONGRESSIONAL RECORD — HOUSE July 11, 2011 b 1610 Mr. MORAN. I thank my very good Mr. DICKS. The gentleman talks As many of my colleagues know, the friend, the ranking member of Energy about the Potomac. I have been here prior Congress could not pass an overly and Water Appropriations. for many, many years. I was on the Let me first address the points that restrictive renewal of the Clean Water staff in the other body. And at the were made by my very good friend from Act, so it’s clear that this part of the time—and this was probably in the Montana. regulatory agenda is aimed at picking mid-seventies when what the gen- First of all, there was a suggestion tleman says was an issue. up the pieces that the Congress could that there was sewerage dumped into not enact last time. So it’s for this rea- Mr. REHBERG. No. the Potomac River. I think that’s pret- Mr. DICKS. What time are you talk- son that I joined 169 of my colleagues ty much a quote. That’s not accurate, in April of 2010 to urge both the EPA ing about? I would say to my very good friend. It Mr. REHBERG. If the gentleman will and the Corps of Engineers to withdraw was not sewerage. It was clean, filtered allow me to reclaim the gentleman’s these proposed guidance regulations. silt that came from a drinking water time, no, no, this was—— That was in April of 2010. Unfortu- reservoir that was put into the Poto- Mr. DICKS. This was more recent? nately, this administration refuses to mac without any threat to the quality Mr. REHBERG. Yes. This was in the do so. of the water or the habitat. The Corps year 2000. So that is why section 109 is so im- of Engineers understood that. They Mr. DICKS. I was just going to say portant, to protect rural America from don’t now put it there. But I don’t the reason we got the thing cleaned up overzealous bureaucracies. For that think it’s quite accurate to describe it was because of the Clean Water Act. reason, Mr. Chairman, I urge my col- in the way that it was. That’s how the Potomac got cleaned leagues to oppose this amendment. With regard to the Supreme Court up. I yield back the balance of my time. ruling, even Justice Scalia made it Mr. REHBERG. No, the issue was not Mr. VISCLOSKY. I move to strike clear that waters that are adjacent to as a result of the Clean Water Act the last word. navigable waters should be federally being established to clean up the var- The CHAIR. The gentleman from In- regulated and protected. So the state- ious rivers around the country. The diana is recognized for 5 minutes. ment that was offered in the debate is issue had do with specifically the Poto- Mr. VISCLOSKY. Mr. Chairman, I not entirely accurate. mac and the discharges that occurred rise in strong support of the gentle- I would also mention that EPA does within the Potomac. And those of us man’s amendment. Without this have an office in Montana. And, in fact, from the Western Caucus in 2001, which amendment, the bill would result in in- the people who were adversely affected is when I first got to Congress, were creased implementation costs to both by the oil pipeline of late that put a trying to make the issue of the hypoc- the Federal and State resource agen- considerable amount of oil into the risy between the eastern constituency, cies, as well as to the regulated com- Yellowstone River, they are saying the urban constituency of Washington, munity, increase delays in the imple- that EPA was wonderful, tremendously D.C., Virginia, and Maryland, trying to mentation of important public works helpful to them. That’s what EPA apply a different standard to Montana. projects and protracted litigation on wants to be now, not only to individual So the issue was specific to the dis- the disparity between existing Federal communities adversely affected, but to charge in the Potomac, and it was spe- regulations and the two court deci- the businesses, to the mining interests, cific to the Wilson Bridge and an en- sions. to the farming interests that need clar- dangered species, and the hypocrisy of Clearly, the Army Corps of Engineers ification on what waters are appro- two separate interpretations. The Su- cannot exceed its congressional author- priately under Federal jurisdiction. preme Court has made an interpreta- ity. But it’s certainly necessary that Mr. VISCLOSKY. Mr. Chairman, I tion that the agencies are going too the law and regulations be clarified, yield back the balance of my time. far. We agree with it. The language in Mr. TERRY. I move to strike the last given the Supreme Court decision. the bill agrees with it. There is a purpose to the Clean Water word. The CHAIR. The gentleman from Ne- This amendment is a bad amend- Act. It is to protect the Nation’s water- ment, and I hope you vote ‘‘no.’’ ways. And all of the environmental and braska is recognized for 5 minutes. Mr. TERRY. I yield to the gentleman Mr. TERRY. I yield back the balance economic benefits these aquatic eco- of my time. systems provide are at risk if some ele- from Montana. Mr. REHBERG. I thank the gen- Mr. DICKS. I move to strike the req- ments are protected and others are not. tleman from Nebraska for yielding. uisite number of words. We certainly need to make sure that No, the point is there was more than The Acting CHAIR (Mrs. MILLER of the definitions are predictable and just clean water dropped into the Poto- Michigan). The gentleman from Wash- manageable. The definition of waters mac. It was done in the dead of the ington is recognized for 5 minutes. protected by the Clean Water Act night. It would not have needed to be Mr. DICKS. I yield to the gentleman should be clear, understandable, well- done in the dead of the night if it was from Virginia. supported, and transparent to the pub- being done legally or aboveboard. And Mr. MORAN. I thank the gentleman lic. I am concerned if the language cur- if you want to talk about the oil spill from Washington. rently in the bill is not removed that in Montana, the Yellowstone River is I am not going to belabor this, but I that will not be the case. It is certainly in fact a navigable stream. do think for the record we should clar- needed to promote consistency between Yes, in fact, the EPA did a good job. ify. Some of what the gentleman said is the Clean Water Act and agricultural No, in fact, we haven’t, to my knowl- accurate except for the material. This wetland programs. We need the identi- edge, yet—and that is still yet to be was not sewerage. This was filtered silt fication of waters covered by the Clean open to interpretation because we are that came from a drinking water res- Water Act and the Food Security Act. waiting—there has been no loss of life ervoir at Dalecarlia that is operated by And operational elements of imple- among the fish. We will wait and see. the Corps of Engineers. They did put it menting programs should reflect con- Certainly, some of the ramifications into the Potomac, after verifying that sistent, predictable, and straight- will be down the road as a result of the it would not jeopardize the health of forward decision guidelines. We ought studies that occur. And we do appre- the fish or any of the vegetation. And to be precise on exemptions as well. ciate the EPA coming in. But, again, it they did seek an exemption. They lost. My further concern is that the provi- was a navigable stream. And now that silt is put in a landfill. sion now contained in the bill does not And this amendment strips what we Mr. DICKS. I would like to ask the apply simply to the coming fiscal year; are trying to do to protect nonnav- gentleman a question. it applies to any subsequent energy and igable from being expanded beyond the Does the gentleman not believe, as I water development act, ensuring uncer- original intent. do, that the Potomac River is far bet- tainty continues indefinitely. Mr. DICKS. Will the gentleman ter today in terms of water quality be- So I am in strong support of the gen- yield? cause of the Clean Water Act? tleman’s amendment and would be Mr. TERRY. I yield to the gentleman I yield to the gentleman from Vir- willing to yield time to him. from Washington. ginia.

VerDate Mar 15 2010 02:11 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.055 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4815 b 1620 Mr. HASTINGS of Washington. The flood control, and for other purposes,’’ ap- issue for me is not the Clean Water proved June 22, 1936, (33 U.S.C. 701h), is Mr. MORAN. There is no question amended by— that the Clean Water Act is responsible Act. The issue was the attempt to amend the Clean Water Act to take out (1) inserting ‘‘for work, which includes for the health, such as it is, of the Po- planning and design,’’ before ‘‘to be ex- tomac River. There was a time when ‘‘navigable,’’ and that is what is being pended’’; you could almost strike a match and done potentially by the guidance with (2) striking ‘‘flood control or environ- light the Potomac River on fire, there this drafting. mental restoration work’’ and inserting was so much pollution in it. Mr. DICKS. Reclaiming my time, ‘‘water resources development study or Mr. DICKS. There were rivers, par- again, the regulatory process hasn’t project’’; and ticularly in Pennsylvania, where they, even been completed. People are still (3) inserting ‘‘: Provided further, That the term ‘States’ means the several States, the in fact, did that. sending in comments, and so to use a blunt tool and put this prohibition in District of Columbia, the commonwealths, Mr. MORAN. They did that. territories, and possessions of the United Mr. DICKS. And it was lit on fire. here doesn’t allow the process to work States, and Federally recognized Indian And then the Clean Water Act was to make sure we can clarify the Su- tribes’’ before the period. passed by Congress, and guess who preme Court decision. (b) The Secretary shall notify the appro- signed it? Richard Milhous Nixon. He Mr. MORAN. Will the gentleman priate committees of Congress prior to initi- signed that bill. He signed the Clean yield? ation of negotiations for accepting contrib- Air Act, the Environmental Policy Act. Mr. DICKS. I yield to the gentleman. uted funds under 33 U.S.C. 701h. I mean, in those days there were Re- Mr. MORAN. I would underscore AMENDMENT OFFERED BY MR. TERRY publicans who cared about the environ- what the distinguished ranking mem- Mr. TERRY. Madam Chairman, I ment. ber of the full Appropriations Com- have an amendment at the desk. Mr. MORAN. Bill Ruckelshaus. mittee has said: This amendment pre- The Acting CHAIR. The Clerk will re- Mr. DICKS. Bill Ruckelshaus, Bill vents guidance and rulemaking. It’s port the amendment. Agee. that comprehensive. The Clerk read as follows: Mr. MORAN. Yes. What EPA and the Corps of Engi- At the end of title I, insert the following: Mr. DICKS. And to hear this discus- neers have tried to do is to clarify SEC. —. Not later than 1 year after the date sion over there about the Clean Water where Federal jurisdiction extends and of enactment of this Act, the Army Corps of Act is really amazing. And this amend- where it ends. There is clearly confu- Engineers shall conduct and publish the re- sion on what constitutes navigable sults of a study regarding the reasons and ment, your amendment would improve contributing factors that led to the abnor- it, would protect the environment, waters. The Supreme Court recognized mal flooding of the Missouri River during clarify the Supreme Court decisions so that, even Justice Scalia said it’s not the spring and summer of 2011, with specific that we can get on with it and to make just navigable waters; it’s waters that focus on whether the water management ac- the waters of our country swimmable, are contiguous. And there are any tivities of the Corps, conducted for any pur- fishable and drinkable. number of water sources that are under pose other than flood prevention and control, Mr. HASTINGS of Washington. Will the surface that you can’t see. contributed to the 2011 flooding and in what the gentleman yield? Most of the water in this country is ways. Mr. DICKS. I yield to the distin- under the surface. It can be under land; Mr. FRELINGHUYSEN. Madam guished chairman of the Natural Re- it’s under water. Chair, I reserve a point of order on the sources Committee. Mr. DICKS. Reclaiming my time just gentleman’s amendment. Mr. HASTINGS of Washington. I ap- for a second, the gentleman may be The Acting CHAIR. The gentleman preciate my friend from Washington better off in the long term by letting from New Jersey reserves a point of yielding. the process work. And if it does then order. This amendment is about a bureau- clarify between navigable and nonnav- The gentleman from Nebraska is rec- cratic guidance on an issue, on an issue igable, that would be important to the ognized for 5 minutes. that this Congress attempted to take gentleman from Washington. Mr. TERRY. Madam Chairman, I rise up last time that simply, among other Mr. HASTINGS of Washington. Will today with this amendment to the En- things, said that the jurisdiction of the the gentleman yield? ergy and Water appropriations bill. Clean Water Act would not be navi- Mr. DICKS. I yield to the gentleman. This amendment would direct the gable waters. Mr. HASTINGS of Washington. The Army Corps of Engineers to conduct Now, that causes a whole lot of us in law is clear. It only says ‘‘navigable.’’ and publish a study regarding the the West a lot of problems. And coming Now, that is where the danger comes. flooding of the Missouri River this from an irrigation area, it bothers me Mr. DICKS. Let’s work together to year. We need to know why this flood- because that means the Federal Gov- clarify it. I yield back the balance of ing occurred, particularly if our flood ernment would now be in charge of ev- my time. control system was utilized for pur- erything not navigable, which could be The Acting CHAIR. The question is poses other than flood prevention, so irrigation streams. on the amendment offered by the gen- we can prevent this from happening in Mr. DICKS. Reclaiming my time, I tleman from Virginia (Mr. MORAN). the future. would just say to the gentleman, why The question was taken; and the Act- Let me be clear. I would assume the don’t you, as chairman, do you have ju- ing Chair announced that the noes ap- Corps of Engineers in charge of flood risdiction over this or is this the Com- peared to have it. control would be doing an annual study merce Committee? Mr. VISCLOSKY. Madam Chair, I de- of whether or not they are succeeding Mr. HASTINGS of Washington. This mand a recorded vote. in their legislative-mandated goals, the is Transportation. The Acting CHAIR. Pursuant to whole purpose of the dams along the Mr. DICKS. Which one? clause 6 of rule XVIII, further pro- river. So we are just simply asking Mr. HASTINGS of Washington. ceedings on the amendment offered by them to do what they should be doing Transportation. the gentleman from Virginia will be anyway, especially when this is such Mr. DICKS. Well, you know, you Re- postponed. an interesting—well, strike the word publicans are in the majority now. You The Clerk will read. ‘‘interesting’’—devastating year based are the chairman of a major com- The Clerk read as follows: on the miscalculations of the Corps of mittee. Why don’t you have your com- SEC. 110. None of the funds made available Engineers. mittee system hold a hearing? in this Act may be used by the Corps of Engi- As I am standing here now, the Mis- We don’t—you know, the fact is what neers to relocate, or study the relocation of, souri is flooding in five States, includ- you are trying to do in this appropria- any regional division headquarters of the ing Nebraska and Iowa. In my own dis- Corps located at a military installation or trict, I have constituents damaged, tions bill is so egregious that we have any permanent employees of such head- to use an amendment to fix it. quarters. under water, wiped out. As we stand Mr. HASTINGS of Washington. Will SEC. 111. (a) Section 5 of the Act entitled here, we are wondering if our levees are the gentleman yield? ‘‘An Act authorizing the construction of cer- going to hold back the water pre- Mr. DICKS. I yield to the gentleman. tain public works on rivers and harbors for venting downtown Omaha from being

VerDate Mar 15 2010 02:11 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.070 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4816 CONGRESSIONAL RECORD — HOUSE July 11, 2011 flooded. This is a 90-day sustained they need to look specifically at what year period of Federal participation. flood. It’s entitled, ‘‘The Great Mis- caused this devastating flood. Currently, there is no language in souri River Flood of 2011,’’ not to re- I have to admit that you’re probably place to provide a process for the reau- cede until maybe October or November. going to rule that this is legislating, thorization of these projects. Anyone who lives near a powerful but I have got to tell you I’m ex- In order for the Federal Government body of water knows flooding is a re- tremely disappointed. If we had some- to remain a continuing partner to pro- ality and must be expected or planned body in the Missouri Valley on the Ap- tect the people, the infrastructure, the for. That’s the whole point of these propriations Committee, they could economy, and the environment of our dams and the Corps of Engineers’ pur- have done something similar to this in Nation’s coastal communities, Con- pose is to reduce the flooding. It’s been committee, but yet when somebody gress must give the Army Corps of En- successful since the dams have been from outside the committee comes gineers the authority to assess contin- put in except for the last couple of here at the right opportunity, then ued Federal participation in expiring years. somehow it’s out of order. beach and coastal projects prior to the It’s imperative that we investigate I just don’t know how I go back to end of their original authorizations in the decisions, guidelines, and param- my constituents and tell them that the order to prevent interruptions to Fed- eters in place to do the flooding to de- leadership in the House has raised an eral renourishment efforts. termine if there was any possibility objection to this study. So I’m dis- This authority would ensure that that this disaster could have and, I appointed for my constituents. I’m dis- communities’ shorelines will remain would say, should have been prevented. appointed, frankly, in the fact that safe and economically viable for years We must implement the necessary something like this that’s so necessary to come by letting the Army Corps and additional reforms and controls to en- and obvious wasn’t accepted. the local communities help determine sure our flood control system is uti- The Acting CHAIR. Does any other whether or not to continue a shore pro- lized for just that, Madam Chairman, Member wish to speak to the gentle- tection project based on science, on flood control. man’s point of order? local support, and the standards that The issue, well documented in our If not, the Chair is prepared to rule. the Corps uses for determining whether The Chair finds that this amendment local papers and some other publica- there should be continued Federal fis- imposes new duties on the Army Corps tions, has shown that either the man- cal participation and whether it is war- of Engineers. ual that the Corps of Engineers swears ranted. The amendment therefore con- These projects are of national and re- by leads them down the wrong path, stitutes legislation in violation of gional significance. Coastal storm which then led to this disaster that we clause 2 of rule XXI. damage reduction projects not only are incurring at this moment, or that The point of order is sustained and support regional economies and, in- their modeling—and/or their modeling. the amendment is not in order. deed, the national economy, but they There were other weather experts that AMENDMENT OFFERED BY MR. MCINTYRE provide critical protection against hur- predicted, one even said a flood of Bib- Mr. MCINTYRE. Madam Chairman, I ricanes and, as we now are in hurricane lical proportions, yet it wasn’t on the have an amendment at the desk. season, realize the seriousness of this Corps of Engineers’ radar. The Acting CHAIR. The Clerk will re- and other dangerous storms. Something went terribly wrong here. port the amendment. Federal participation in these So all we are doing is asking that there The Clerk read as follows: projects is determined based on a ben- be specific language that they do what Page 15, after line 11, insert the following: efit-cost analysis, meaning that these is inherent to their job and determine SECTION 112. Section 156 of the Water Re- projects go through a significant study if their manuals, their models need to sources Development Act of 1976 (42 U.S.C. in order to determine that they are be changed to prevent the devastating 1962d-5f) is amended— merited and that it is in the Federal flood that we are incurring right now (1) by striking ‘‘The’’ and inserting ‘‘(a) The’’; Government’s financial interest to con- to prevent the next one in the future. tinue to participate in these projects. That’s all we are doing with this (2) by inserting before the period at the end the following: ‘‘or after the date of the last However, let’s be clear that this amendment here. estimated periodic nourishment as con- amendment would not cut Congress out I yield back the balance of my time. templated in the Chief’s Report, whichever is of the loop, because Congress would al- b 1630 later’’; and ways have the final say on final ap- (3) by adding at the end the following: proval of reauthorizing these projects. POINT OF ORDER ‘‘(b) Before the end of the fifty year period Any approval for a construction phase referred to in subsection (a), the Secretary of Mr. FRELINGHUYSEN. Madam would still have to be approved by Con- Chairman, I insist on my point of the Army, acting through the Chief of Engi- neers, shall, subject to the availability of ap- gress. So it only makes sense to allow order. these projects to proceed without The Acting CHAIR. The gentleman propriations therefor, undertake a review of a project to which subsection (a) applies to interruption. will state his point of order. evaluate the feasibility of continuing Fed- Madam Chairman, I yield back the Mr. FRELINGHUYSEN. Madam eral participation in the project and shall balance of my time. Chairman, I make a point of order make a recommendation to the Congress.’’. POINT OF ORDER against this amendment because it pro- Mr. FRELINGHUYSEN. Madam Mr. FRELINGHUYSEN. Madam poses to change existing law and con- Chairman, I reserve a point of order on Chairman, I must oppose the amend- stitutes legislation in an appropriation the gentleman’s amendment. ment as authorizing on an appropria- bill and therefore violates clause 2 of The Acting CHAIR. A point of order tions bill. rule XXI. is reserved. I share the gentleman’s support for The rule states in pertinent part: The gentleman from North Carolina the Corps of Engineers’ participation in ‘‘An amendment to a general appro- is recognized for 5 minutes. beach replenishment projects that pro- priation bill shall not be in order if Mr. MCINTYRE. Madam Chairman, vide protection from coastal storms for changing existing law.’’ The amend- under the Water Resources Develop- individuals and businesses. Coming ment imposes additional duties. ment Act, which we know as WRDA, of from a State with 137 miles of shore- I ask for a ruling from the Chair. 1986, Congress authorized most coastal line, I too understand the importance The Acting CHAIR. Does any other and shoreline protection and beach res- of these projects to local, regional, and Member wish to speak to the gentle- toration projects to be periodically our national economy. man’s point of order? nourished according to a cost-sharing The amendment offered, however, Mr. TERRY. I would like to speak. agreement between the Federal Gov- would add authorizing language to the The Acting CHAIR. The gentleman ernment and a local sponsor, usually a Energy and Water bill; therefore, it is from Nebraska is recognized. municipality, for a period of up to 50 subject to a point of order. Mr. TERRY. I tried to make the case years from the starting date of the ini- So while I am sympathetic to the that this is basically reiterating al- tial construction of the project. gentleman’s intent, I must oppose the ready current duties and responsibil- Several of these projects are rapidly amendment and insist on my point of ities of the Corps but stressing that approaching the end of that first 50- order.

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.059 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4817 The Acting CHAIR. Does any other b 1640 TITLE II—DEPARTMENT OF THE INTERIOR Member wish to speak to the point of We need to address budgetary reali- CENTRAL UTAH PROJECT order? ties, and this bill does it. And there are If not, the Chair is prepared to rule. accounts we have cut. But investments CENTRAL UTAH PROJECT COMPLETION ACCOUNT The Chair finds that the amendment in new energy sources to displace im- For carrying out activities authorized by proposes directly to change existing ported oil are not the place to cut, not the Central Utah Project Completion Act, $27,154,000, to remain available until ex- law. when America is this dependent. Re- As such, it constitutes legislation in pended, of which $2,000,000 shall be deposited search investments in solar technology violation of clause 2(c) of rule XXI. into the Utah Reclamation Mitigation and have helped create numerous new com- The point of order is sustained. Conservation Account for use by the Utah panies, creating thousands of high Reclamation Mitigation and Conservation Ms. KAPTUR. I move to strike the quality jobs already with domestically Commission. In addition, for necessary ex- last word. produced energy. We are at the dawn of penses incurred in carrying out related re- The Acting CHAIR. The gentlewoman sponsibilities of the Secretary of the Inte- from Ohio is recognized for 5 minutes. a new energy age, and we can’t lose edge now. Solar companies already em- rior, $1,550,000. For fiscal year 2012, the Com- Ms. KAPTUR. Members and Madam mission may use an amount not to exceed Chairman, I am having help from the ploy over 90,000 American workers and $1,500,000 for administrative expenses. are expected to grow in both sales and pager placing this chart up here. It BUREAU OF RECLAMATION shows how much petroleum America jobs. But that depends on new research. And many of the fledgling companies The following appropriations shall be ex- imports—the red line—and overall how pended to execute authorized functions of much petroleum we use. Energy-wise, can’t afford to do that. the Bureau of Reclamation: Last week, Isofoton, a Spanish solar America is a totally dependent Nation. WATER AND RELATED RESOURCES panel manufacturer, announced plans I offer this amendment to help re- (INCLUDING TRANSFERS OF FUNDS) store the energy security, economic se- to open a new plant in Napoleon, Ohio, that will create more than 300 jobs. For management, development, and res- curity, and environmental security of toration of water and related natural re- our Nation. Nothing could be more Global firms know that particularly sources and for related activities, including vital. northern Ohio has made renewable en- the operation, maintenance, and rehabilita- My amendment takes a small step by ergy a priority, and the investment is tion of reclamation and other facilities, par- shifting a very small amount of funds, following. Congress simply must focus ticipation in fulfilling related Federal re- $10 million, from the administrative on a new energy future for our Nation sponsibilities to Native Americans, and re- lated grants to, and cooperative and other costs within the Department of Energy and not let inertia and the habits of the past thwart progress. agreements with, State and local govern- to help restore funds to solar energy ments, federally recognized Indian tribes, research and development within the Overall, the U.S. economy is antici- and others, $822,300,000, to remain available Energy Efficiency and Renewable En- pated to increase jobs by 2 percent next until expended, of which $10,698,000 shall be ergy Program. year. But guess what? In the solar in- available for transfer to the Upper Colorado Sadly, the base bill jeopardizes dustry, the number of new jobs is ex- River Basin Fund and $6,136,000 shall be America’s new energy future. It cuts pected to increase 26 percent, according available for transfer to the Lower Colorado research in solar energy by more than to Cornell University’s 2010 solar job River Basin Development Fund; of which such amounts as may be necessary may be one-third from last year, and over 60 census. Those are the kind of jobs that America wants. And a recent Ernst and advanced to the Colorado River Dam Fund; percent from the President’s request, of which not more than $500,000 is for high providing $166 million for 2012, but Young report predicts the cost of solar priority projects which shall be carried out that’s $97 million below fiscal year 2011 to decrease by as much as half, cre- by the Youth Conservation Corps, as author- and $291 million below the President’s ating a strong solar option for Amer- ized by 16 U.S.C. 1706: Provided, That such request. ican consumers and providing solar transfers may be increased or decreased The $10 million in reprogramming companies with the opportunity to ex- within the overall appropriation under this represents less than 5 percent of the pand. heading: Provided further, That of the total $220 million administrative budget of Investors know where to put their appropriated, the amount for program activi- dollars, and our Nation knows—or we ties that can be financed by the Reclamation the Department of Energy. If the De- Fund or the Bureau of Reclamation special partment of Energy made their build- should know—that this is an emerging fee account established by 16 U.S.C. 460l-6a(i) ings more energy efficient, we could industry, and cutting edge research is shall be derived from that Fund or account: shift the funds into research on new fundamental to progress. The race to Provided further, That funds contributed technologies. be the energy provider of the future is under 43 U.S.C. 395 are available until ex- For months I have been hearing from this generation’s space race. And basic pended for the purposes for which contrib- constituents outraged about the high research is critical. It is fundamental. uted: Provided further, That funds advanced price of gas and energy in our country. It is the fundamental ingredient to under 43 U.S.C. 397a shall be credited to this build that new future for our people. account and are available until expended for And once again the recent job statis- the same purposes as the sums appropriated tics from the Department of Labor tell America has never shirked a major under this heading: Provided further, That ex- us very clearly that every time you challenge. And we have a real finish cept as provided in section 201, the amounts have an oil price hike, you have rising line to go across as competitors are made available under this paragraph shall be unemployment. You can go back 40 fierce, from China, from Germany, expended as authorized by law for the pro- years. Every time it goes over $4 a gal- from Japan. grams, projects, and activities specified in lon, we get a spike in unemployment. New technology will provide a new the text and table under this heading in the It’s not rocket science. power future for us, and we must posi- report of the Committee on Appropriations tion ourselves not to be second, not to of the House of Representatives to accom- As it stands, this bill reinforces our pany this Act. dependence on foreign oil. By contrast, be third, but to be the global leader CENTRAL VALLEY PROJECT RESTORATION FUND my amendment focuses on a new en- and to create those good jobs here at ergy future for America by shifting a home. So my amendment sets a course For carrying out the programs, projects, to keep the keel more steady as we ad- plans, habitat restoration, improvement, and modest amount of funds for solar en- acquisition provisions of the Central Valley ergy to provide American consumers vance energy security, economic secu- Project Improvement Act, $53,068,000, to be with the new energy choices that they rity, and the environmental security of derived from such sums as may be collected want. our Nation while promoting jobs here in the Central Valley Project Restoration Our priorities in this bill must be at home through new energy independ- Fund pursuant to sections 3407(d), 3404(c)(3), aligned with the needs of our Nation ence and innovation. and 3405(f) of Public Law 102–575, to remain for tomorrow, not yesterday. America I urge my colleagues to vote in favor available until expended: Provided, That the shouldn’t be held hostage by future en- of the Kaptur amendment. Bureau of Reclamation is directed to assess and collect the full amount of the additional ergy price spikes. We must promote I yield back the balance of my time. mitigation and restoration payments author- sustainable environmental stewardship The Acting CHAIR. The Clerk will ized by section 3407(d) of Public Law 102–575: while creating jobs right here in our read. Provided further, That none of the funds made country. The Clerk read as follows: available under this heading may be used for

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.063 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4818 CONGRESSIONAL RECORD — HOUSE July 11, 2011 the acquisition or leasing of water for in- (b) Subsection (a)(5) shall not apply to any Page 32, line 4, after the dollar amount in- stream purposes if the water is already com- transfer of funds within the Facilities Oper- sert ‘‘(reduced by $10,000,000)’’. mitted to in-stream purposes by a court ation, Maintenance, and Rehabilitation cat- Page 32, line 23, after the dollar amount in- adopted decree or order. egory. sert ‘‘(reduced by $10,000,000)’’. CALIFORNIA BAY-DELTA RESTORATION (c) For purposes of this section, the term Mr. FRELINGHUYSEN. I reserve a ‘‘transfer’’ means any movement of funds (INCLUDING TRANSFERS OF FUNDS) point of order on the gentlewoman’s into or out of a program, project, or activity. For carrying out activities authorized by (d) The Bureau of Reclamation shall sub- amendment. the Water Supply, Reliability, and Environ- mit reports on a quarterly basis to the Com- The Acting CHAIR. The point of mental Improvement Act, consistent with mittees on Appropriations of the House of order is reserved. plans to be approved by the Secretary of the Representatives and the Senate detailing all The gentlewoman from Ohio is recog- Interior, $35,928,000, to remain available until the funds reprogrammed between programs, nized for 5 minutes. expended, of which such amounts as may be projects, activities, or categories of funding. Ms. KAPTUR. Madam Chair, I made necessary to carry out such activities may The first quarterly report shall be submitted be transferred to appropriate accounts of a statement a little bit earlier regard- not later than 60 days after the date of en- ing this amendment which aims to help other participating Federal agencies to carry actment of this Act. out authorized purposes: Provided, That SEC. 202. (a) None of the funds appropriated restore the energy security, economic funds appropriated herein may be used for or otherwise made available by this Act may security, and environmental security the Federal share of the costs of CALFED be used to determine the final point of dis- of our Nation by focusing on the fu- Program management: Provided further, That charge for the interceptor drain for the San ture. It essentially shifts a very modest the use of any funds provided to the Cali- Luis Unit until development by the Sec- amount of funds, $10 million, from the fornia Bay-Delta Authority for program-wide retary of the Interior and the State of Cali- administrative costs within the De- management and oversight activities shall fornia of a plan, which shall conform to the partment of Energy to help restore be subject to the approval of the Secretary of water quality standards of the State of Cali- the Interior: Provided further, That CALFED fornia as approved by the Administrator of funds to solar energy research and de- implementation shall be carried out in a bal- the Environmental Protection Agency, to velopment within the energy efficiency anced manner with clear performance meas- minimize any detrimental effect of the San and renewable energy program. ures demonstrating concurrent progress in Luis drainage waters. Sadly, the bill overall moves back- achieving the goals and objectives of the (b) The costs of the Kesterson Reservoir ward in terms of helping America in- Program. Cleanup Program and the costs of the San vent its new energy future because it POLICY AND ADMINISTRATION Joaquin Valley Drainage Program shall be cuts research in solar development by classified by the Secretary of the Interior as For necessary expenses of policy, adminis- reimbursable or nonreimbursable and col- more than one-third from last year and tration, and related functions in the Office of lected until fully repaid pursuant to the over 60 percent from the President’s re- the Commissioner, the Denver office, and of- ‘‘Cleanup Program-Alternative Repayment quest. The base bill provides $166 mil- fices in the five regions of the Bureau of Rec- Plan’’ and the ‘‘SJVDP-Alternative Repay- lion for solar research, which is a $97 lamation, to remain available until ex- ment Plan’’ described in the report entitled pended, $60,000,000, to be derived from the million reduction below this year’s ‘‘Repayment Report, Kesterson Reservoir Reclamation Fund and be nonreimbursable level and a $291 million reduction Cleanup Program and San Joaquin Valley as provided in 43 U.S.C. 377: Provided, That no below the President’s request. Drainage Program, February 1995’’, prepared part of any other appropriation in this Act What sense does that make when by the Department of the Interior, Bureau of shall be available for activities or functions we’re importing petroleum at this Reclamation. Any future obligations of funds budgeted as policy and administration ex- by the United States relating to, or pro- level, we continue to use more and penses. viding for, drainage service or drainage stud- more, and prices are going up? It is ADMINISTRATIVE PROVISION ies for the San Luis Unit shall be fully reim- pretty clear America needs new an- Appropriations for the Bureau of Reclama- bursable by San Luis Unit beneficiaries of swers. So my effort is to merely repro- tion shall be available for purchase of not to such service or studies pursuant to Federal gram about 5 percent of the funds in exceed five passenger motor vehicles, which reclamation law. the administrative budget of the De- are for replacement only. SEC. 203. Of the funds deposited in the San partment of Energy and shift those to Joaquin River Restoration Fund in accord- GENERAL PROVISIONS, DEPARTMENT OF the energy efficiency and renewable en- THE INTERIOR ance with subparagraphs (A), (B) and (C) of section 10009(c)(1) of Public Law 111-11, all ergy program itself. (INCLUDING RESCISSION OF FUNDS) unobligated balances remaining from prior I believe that the Department of En- SEC. 201. (a) None of the funds provided in fiscal years are hereby permanently re- ergy, which took years to even get this title shall be available for obligation or scinded. their solar array up at the national expenditure through a reprogramming of TITLE III—DEPARTMENT OF ENERGY headquarters here, could save the funds that— (1) creates or initiates a new program, ENERGY PROGRAMS money that we need to put into re- project, or activity; ENERGY EFFICIENCY AND RENEWABLE ENERGY search if they’d merely be more energy (2) eliminates a program, project, or activ- For Department of Energy expenses includ- efficient about their own buildings. ity; ing the purchase, construction, and acquisi- And that comes out of their adminis- (3) increases funds for any program, tion of plant and capital equipment, and trative funds. So this merely is a 5 per- project, or activity for which funds have other expenses necessary for energy effi- cent shift. It’s $10 million from the ad- been denied or restricted by this Act; ciency and renewable energy activities in ministrative budget, and put it into (4) reduces funds that are directed to be carrying out the purposes of the Department hard research that really helps to cre- used for a specific program, project, or activ- of Energy Organization Act (42 U.S.C. 7101 et ity by this Act; seq.), including the acquisition or condemna- ate jobs. We know that America has to (5) transfers funds in excess of the fol- tion of any real property or any facility or invent her future. We can’t depend on lowing limits: for plant or facility acquisition, construc- the energy sources of the past alone. (A) 15 percent for any program, project, or tion, or expansion, $1,304,636,000, to remain Technology is critical to that. activity for which $2,000,000 or more is avail- available until expended: Provided, That for And in the solar field, the competi- able at the beginning of the fiscal year; or the purposes of allocating weatherization as- tion globally for patents and for the (B) $300,000 for any program, project, or ac- sistance funds appropriated by this Act to cutting edge research that is part of tivity for which less than $2,000,000 is avail- States and tribes, the Secretary of Energy this sector is just growing so fast glob- able at the beginning of the fiscal year; may waive the allocation formula estab- (6) transfers more than $500,000 from either lished pursuant to section 414(a) of the En- ally, America simply can’t slip back- the Facilities Operation, Maintenance, and ergy Conservation and Production Act (42 ward. We just have to keep up our edge. Rehabilitation category or the Resources U.S.C. 6864(a)). It’s very difficult with China and with Management and Development category to AMENDMENT OFFERED BY MS. KAPTUR Germany having the kind of incentives any program, project, or activity in the Ms. KAPTUR. I have an amendment they do in their own country. For ex- other category; or at the desk. ample, China even offers companies 15- (7) transfers, when necessary to discharge The Acting CHAIR. The Clerk will year tax holidays, and they have so legal obligations of the Bureau of Reclama- many more engineers and scientists tion, more than $5,000,000 to provide ade- designate the amendment. quate funds for settled contractor claims, in- The text of the amendment is as fol- than we do working on this. So I think creased contractor earnings due to acceler- lows: cutting solar research is not a good op- ated rates of operations, and real estate defi- Page 23, line 4, after the dollar amount in- tion for this country. This bill makes ciency judgments. sert ‘‘(increased by $10,000,000)’’. many other cuts. Surely, we know that

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.025 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4819 research investments in solar tech- There was no objection. erations on its nuclear side and on its nology have helped create numerous AMENDMENT OFFERED BY MS. KAPTUR civil side, and put more of those dollars companies already and thousands and Ms. KAPTUR. Madam Chair, I have a into research and development for the thousands of new jobs. revised amendment at the desk. future of new energy systems, includ- In fact, solar companies employ over The Acting CHAIR. The Clerk will re- ing solar. 90,000 American workers now, and they port the amendment. I regret the gentleman’s objection, expect both growth in sales and jobs, The Clerk read as follows: but I have the highest respect for him. but that depends fundamentally on Page 23, line 4, after the dollar amount in- Maybe we can work this out down the cutting-edge breakthroughs in tech- sert ‘‘(increased by $10,000,000)’’. road. nology. And that is a fight that is Page 32, line 4, after the dollar amount in- Mr. FRELINGHUYSEN. I still oppose occuring every day, not just in this sert ‘‘(reduced by $10,000,000)’’. the amendment, and I yield back the country, but in research platforms The Acting CHAIR. The gentlewoman balance of my time. around the world. from Ohio is recognized for 5 minutes. The Acting CHAIR. The question is I mentioned earlier that Isofoton, a Ms. KAPTUR. Madam Chair, I would on the amendment offered by the gen- Spanish solar manufacturer in my re- offer this amendment as a new amend- tlewoman from Ohio (Ms. KAPTUR). gion, had announced 300 new jobs this ment that would perform essentially The amendment was rejected. past week. So global firms are coming the same function. That is, it satisfies AMENDMENT OFFERED BY MR. MCCLINTOCK to places like northern Ohio where any concerns the gentleman might Mr. MCCLINTOCK. Madam Chair, I they know that the energy systems of have about where we are moving funds have an amendment at the desk. the future are being built. But the from in the Dept. of Energy Adminis- The Acting CHAIR. The Clerk will re- number of jobs being created in this trative Programs and moving them to port the amendment. sector far exceed what is being created in the Energy Efficiency and Renew- The Clerk read as follows: in just the general job creation sector able Energy Program. Page 23, line 4, after the dollar amount, in- in our country. I offer this revised amendment that I sert ‘‘(reduced by $1,304,636,000)’’. Page 24, line 6, after the dollar amount, in- b 1650 hope would satisfy the gentleman’s concern on his point of order. This is a sert ‘‘(reduced by $289,420,000)’’. Cornell University’s 2010 solar job new amendment. It essentially moves Page 24, line 18, after the dollar amount, census shows that in solar energy, the insert ‘‘(reduced by $476,993,000)’’. dollars from the administrative ac- Page 28, line 13, after the dollar amount, number of new jobs is increasing by 26 counts at the Department of Energy to percent; and those are good jobs build- insert ‘‘(reduced by $820,488,000)’’. the Energy Efficiency and Renewable Page 28, line 23, after the dollar amount, ing a new future for our country and Energy block grant. insert ‘‘(reduced by $100,000,000)’’. for our people. We know that many of Does the gentleman have concerns, Page 29, line 7, after the dollar amount, in- these entrepreneurial companies are and I yield to the gentleman. sert ‘‘(reduced by $160,000,000)’’. too small to do their own in-house re- Mr. FRELINGHUYSEN. I would rise Page 31, line 21, after the dollar amount, search, they still need Federal research to oppose the amendment. insert ‘‘(reduced by $6,000,000)’’. Page 32, line 4, after the dollar amount, in- and basic research to help us use new Ms. KAPTUR. Could I ask the gen- materials and to help us develop the sert ‘‘(reduced by $500,000)’’. tleman the nature of the opposition, Page 52, line 15, after the dollar amount, new transmission technologies to make please? insert ‘‘(reduced by $68,400,000)’’. them truly competitive, to compete Mr. FRELINGHUYSEN. I would like Page 53, line 7, after the dollar amount, in- against the Chinas and the Germanys to take my own time to respond in a sert ‘‘(reduced by $11,700,000)’’. of the world that are taking market more formal manner. I would be happy Page 53, line 13, after the dollar amount, share as I stand here even today. to yield to you perhaps at the end of insert ‘‘(reduced by $10,700,000)’’. So the race is a serious one in the my remarks. Page 54, line 4, after the dollar amount, in- solar energy field. Basic research is the sert ‘‘(reduced by $1,350,000)’’. Ms. KAPTUR. I thank the gentleman, Page 54, line 12, after the dollar amount, critical ingredient. My amendment es- and I yield back the balance of my insert ‘‘(reduced by $250,000)’’. sentially moves 5 percent of the funds time. Page 62, line 2, after the dollar amount, in- out of the administrative accounts into Mr. FRELINGHUYSEN. Madam sert ‘‘(increased by $3,250,437,000)’’. the Energy Efficiency and Renewable Chair, I move to strike the last word. The Acting CHAIR. The gentleman Energy accounts at the Department. I The Acting CHAIR. The gentleman from California is recognized for 5 min- would ask for my colleagues’ support from New Jersey is recognized for 5 utes. on that. Hopefully, we can help take a minutes. Mr. MCCLINTOCK. Madam Chair, I small step for humankind, for solar en- Mr. FRELINGHUYSEN. I rise to op- offer this amendment on behalf of the ergy development in our country. pose the amendment. The amendment Republican Study Committee to save I yield back the balance of my time. that has been rewritten somewhat roughly 10 percent from this appropria- POINT OF ORDER would reduce funding for salaries and tions bill, or $3.25 billion, simply by Mr. FRELINGHUYSEN. Madam expenses in order to increase funding getting the Federal Government out of Chair, I insist on my point of order. for energy efficiency and renewable en- the energy subsidy business. The amendment proposes to amend ergy activities at the Department of For more than 30 years, the Depart- portions of the bill not read. The Energy. Within this year’s extraor- ment of Energy has squandered billions amendment may not be considered en dinarily tight budget constraints, the of dollars subsidizing research and de- bloc under clause 2(f) of rule XXI be- bill cannot fund programs that overlap velopment that no private investor cause the amendment does not merely improperly with the private sector, for would touch with the promise it would propose to transfer appropriations one; or that do not have pressing needs somehow make our Nation energy inde- among objects in the bill but also pro- for additional appropriations. pendent. poses language other than amounts. In other words, Madam Chair, I can’t I ask for a ruling from the Chair. support reducing funds for an account, b 1700 The Acting CHAIR. Does any other especially for accounts and administra- Every year, we have spent untold bil- Member wish to speak to the point of tive purposes that oversee Department lions on these programs, and every order? activities. We need more oversight in year, we have become more dependent Ms. KAPTUR. Madam Chair, I would the Department of Energy. So I reluc- on foreign oil. We are now running a thank the gentleman very much for his tantly oppose the amendment. deficit that threatens to bankrupt our thoughtful point of order and would As I promised, I said I would yield to country, and this forces us to cast a ask unanimous consent to withdraw the gentlewoman. critical eye on every expenditure that this amendment. I have a revised Ms. KAPTUR. I thank the gentleman fails to meet its objectives. None has amendment at the desk that I think very much. I know that the choices are failed so spectacularly as the Depart- will satisfy his concern. difficult. I guess I would put my mar- ment of Energy’s subsidy of energy re- The Acting CHAIR. Without objec- bles on getting the Department to be search, which has left us billions of dol- tion, the amendment is withdrawn. more efficient in its administrative op- lars poorer and has left us stuck with

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.082 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4820 CONGRESSIONAL RECORD — HOUSE July 11, 2011 mediocre technologies that only sur- that private capital can, once again, saying we’re not going to touch new vive on a lifeline of public subsidies. flow freely to those technologies that nuclear power plants, but this amend- I am sure the opposition will try to offer the greatest return at the lowest ment says we’re leaving in $476 million depict this amendment as some sort of cost. for research done by the Federal Gov- Luddite reaction to green technology, Thirty years of government energy ernment for nuclear power. Yet, for but it is exactly the opposite. By stop- subsidies promised to reduce our de- wind and for solar and for all the new ping the government from doling out pendence on foreign oil; yet our de- technologies coming down the line that dollars to politically favored indus- pendence has become ever greater. All don’t melt down, no, that money is tries, by stopping it from picking win- we have done is to squander billions of going to be zeroed out—zero, zero—zero ners and losers among emerging tech- dollars of our Nation’s treasure and to for the future. nologies competing for capital, we re- distort and impede the natural flow of This rearview mirror amendment, store the natural flow of that capital investment dollars that could have pro- which is being made by the gentleman toward those that are the most eco- duced far greater returns in viable from California, just continues to re- nomically viable and technologically technology. We are left with a bank- flect this attitude, this fear. Let’s feasible. rupt, energy-deficient and dependent admit it. There’s a fear that the oil and For example, this amendment cuts Nation while propping up a few politi- gas industry and that the nuclear in- funding to the Energy Efficiency and cally well-connected interests that are dustry have about wind and solar and Renewable Energy program, which producing ethanol and solar panels at a biomass and geothermal in the ever-in- functions as an R&D department for staggering expense—an expense that creasing efficiency of technologies all every solar, biomass, geothermal, and we have hidden from consumers with across the board. wind energy company in the country. their own tax dollars. So the green generation, they look We’re not funding the most viable re- Our energy policy over the last 30 down here, these young people, and search in these technologies. Private years simply proves that Thomas Jef- they say, Is that possible? Is it possible capital beats a path to the door of via- ferson was right when he observed: that the Congress could actually vote ble technology. These expenditures are ‘‘were we directed from Washington to zero out wind and solar and keep in for research considered so dubious that when to sow and when to reap, we money for nuclear 2 months after no private investor in his right mind should soon want bread.’’ For 30 years, Fukushima? Isn’t it time for us to in- would risk his own capital. Yet this we have been directed from Washington vest in these new technologies? You Congress has been more than willing to on how to develop our energy. It should don’t need an evacuation plan around a risk our constituents’ capital in the surprise no one that today we lack en- solar plant, around a wind plant or form of their tax dollars, and it ergy. around an energy-efficiency facility. With that, I yield back the balance of shouldn’t surprise us that those invest- So, again, I urge a ‘‘no’’ vote on this my time. ments have not paid off. This amendment. It’s just basically another Mr. VISCLOSKY. Madam Chair, I misallocation of resources not only de- move to strike the last word. data point that indicates that the Re- stroys jobs in productive ventures in The Acting CHAIR. The gentleman publicans are really committed to zero- order to create jobs in subsidized ones; from Indiana is recognized for 5 min- ing out this renewable energy future it ends up reducing our energy poten- utes. for our country. tial instead of expanding it, and it de- Mr. VISCLOSKY. I do rise in strong Just be knowledgeable here. There stroys our wealth instead of creating opposition to the gentleman’s amend- has not been a new nuclear power plant it. ment. It would cut over 10 percent of completed, that has been ordered, for Politicians love to appear at ribbon the total funding in the bill. Specifi- 36 consecutive years, but there were cuttings and to issue self-congratula- cally, it would eliminate or signifi- 10,000 new megawatts of wind that were tory press releases at government-sup- cantly reduce funding for 14 different installed in our country just last year. ported ‘‘alternative energy’’ busi- accounts. I have several concerns. If that’s what they want to begin to nesses, but they fall strangely silent One, the gentleman said that it is zero out, if that’s what they want to when asked to actually account for the time to get out of subsidizing energy take out of the budget, it’s only a re- billions of our dollars that they’ve research. Notice that he did zero out flection of basically, again, this tech- wasted. The best thing we did for shale many accounts, and certainly would nological ancestor worship. oil and gas technology was to have got- not argue that point. Yet, as a pro- Mr. MCCLINTOCK. Will the gen- ten the government out of the business ponent myself of nuclear energy, I tleman yield? of funding it. Guess what happened? would point out that he did not throw Mr. VISCLOSKY. I yield to the gen- Once we got the government out, it out that account, and approximately tleman from California. took the productive sector just a few $444 million would be left in the nu- Mr. MCCLINTOCK. Just to be clear, years to develop remarkable new drill- clear research account. So there was the $400 million remaining in the nu- ing techniques that have unleashed a some selectivity that was engaged in clear account, as I understand it, is for cornucopia of American energy into here as far as the construction of the regulatory activities, not for research the market. Is there really any ques- amendment. and development, which we now place tion at all as to which of these models Then my concern here as far as the back in the hands of the productive actually works? research, as far as the whole broad sector. Let me give you another example: range of energy research in this coun- Mr. MARKEY. If the gentleman from This appropriations act proposes to try, is that we do need to make that in- Indiana will yield, the gentleman from spend $200 million for vehicle tech- vestment to move ahead economically, California is just saying this is the nology research. Isn’t that what auto- to move ahead in reducing our depend- budget for the Nuclear Regulatory mobile manufacturers should do and ency upon oil imports and the use of Commission? used to do with their own capital? And carbon in this society, so I strongly op- Mr. MCCLINTOCK. For regulatory if they’re not willing to risk their own pose the gentleman’s amendment. activities associated with this provi- capital, what right has this Congress to I yield to the gentleman from Massa- sion. risk our constituents’ earnings? chusetts. Mr. MARKEY. That, in and of itself, These amendments move the govern- Mr. MARKEY. I thank the gentleman is a subsidy. Let’s be honest. It’s Fed- ment out of all sectors of subsidizing for yielding. eral taxpayer money which is sub- research—biomass, nuclear, solar, This is a classic case of ancestor wor- sidizing an industry—the electric util- wind, fossil fuels—all across the board. ship. They leave in the money for nu- ity industry, the nuclear electric util- Does that mean that research and de- clear, but zero out the money for wind, ity industry—that is probably the velopment will stop on all of these zero out the money for solar, zero out wealthiest industry in the United technologies? On the contrary. It the money for energy efficiency, zero States with the exception of the oil and means that all of the distortions that out the money for conservation. gas industry. government intervention has made in So here we are. It’s 2 months after So why should the taxpayer be sub- the energy sector can be corrected and Fukushima. The capital markets are sidizing that and at the same time be

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.087 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4821 taking out the funding for the wind and solar become equal with natural Mr. MARKEY. Madam Chairman, my and solar industry? gas and coal as a way to generate elec- amendment deals with the heart of I urge a ‘‘no’’ vote. tricity in our country. And in another what’s wrong with this entire bill. Mr. VISCLOSKY. I yield back the room no more than 100 feet from here In this bill, the Republicans cut the balance of my time. they’re also meeting and deciding what budget for solar, for wind, for geo- the big deal is going to be between thermal, for biomass, for clean vehi- b 1710 President Obama and the Republicans cles—that’s plug-in hybrids and all Mr. FRELINGHUYSEN. Madam here in the Congress. And in that room electric vehicles. They cut the budget Chair, I rise in opposition to the they’re saying no touching any tax for science. They cut the budget for amendment. breaks for the oil and gas industry, weatherization. They cut the budget The Acting CHAIR. The gentleman which is $4 billion a year. for energy efficiency. But what do they from New Jersey is recognized for 5 So see the total story here, see the do in the same bill? They increase the minutes. big picture, see really what this agenda budget for coal, for oil, for gas, for nu- Mr. FRELINGHUYSEN. Our Energy is. Here, it’s kind of like the monsignor clear. They increase it while they evis- and Water bill is already $1 billion that goes up into the pulpit on Sunday cerate, while they annihilate the clean below last year’s fiscal amount and $2.8 and he says, on Wednesday in the energy budget, the future energy agen- billion below fiscal year 2010. As a mat- church hall, Father Geiney will lecture da for our country. ter of fact, our entire mark is reaching on the evils of gambling; on Thursday So, ladies and gentlemen, this is a the 2006 level. So the committee has in the church hall, bingo. Well, here on big moment here. Where is America done its homework. We’ve made deep the House floor, on Monday we’re heading? Are we going to compete cuts. I think the committee under- learning about the evils of giving any against the Saudi Arabians, the Ven- stands we’re about to go off a fiscal kind of subsidies to the wind and the ezuelans, and others in the generation cliff in our country, but the cuts that solar industry, and in another room of energy or are we going to capitu- we’ve made were developed after a lot right around the corner they’re saying late? Are we going to just become a of hearings, a lot of discussion, a lot of $4 billion a year to the oil industry in country where we’re importing oil or thought. tax breaks. That’s the agenda. You are we going to move to a solar future, The bill recommended by our com- have to see it in its totality. You have a wind future, an all-electric vehicle mittee recognizes that the Federal to capture it for all that it is as the future over the next 20 and 30 and 40 Government has gotten too large—and story of the future of our country. years? in many ways philosophically I agree So, ladies and gentlemen, I urge a You know, this budget that they with a lot of what the gentleman from very strong ‘‘no’’ vote on this amend- have put together is really one that California says, that we’re too involved ment of the gentleman from California. gets right to the heart of their argu- with the private sector, sometimes This is a defining vote. This really goes ment that they say they care about all picking winners and losers and dif- to the heart of whether or not we are of the above. What this budget actually ferent technologies where the market going to say to the young people in our says is it is oil above all. It’s still a fos- should be choosing. But the committee country that we do have a renewable sil fuel agenda. It’s not a technology- is also mindful that there are appro- energy future for our country. oriented agenda. It’s not an agenda priate roles that the government The past is just a memory, but the that can help us to turn the corner and should take because sometimes the pri- future will be the hard reality for to create new technologies that move vate sector can’t or will not take those young people in our country if we do us to a 21st century agenda. But see this in the larger picture. risks. not put together an energy agenda de- This is not compromise. The defense The cuts proposed in this amendment pendent upon the indigenous renewable energy resources in our country. This budget last week went up $17 billion. would eliminate, as the ranking mem- amendment zeros out that future. It They’re not going to cut defense. ber said, or cut many worthwhile pro- makes it impossible for us to compete They’re saying they’re not going to ac- grams, put at risk, I think in many in- and to send a signal overseas that we tually take away the tax breaks for bil- stances, our country’s competitive in- are going to have true energy inde- lionaires. They’re saying they’re not tellectual advantage, and put in doubt pendence in our country. actually going to take away the tax perhaps the ability of the private sec- I urge a ‘‘no’’ vote. breaks for the oil and gas industry. All tor to make some substantial invest- Madam Chair, I yield back the bal- of that is safe. ‘‘Don’t worry,’’ they say ments. And those investments lead to ance of my time. to billionaires. Don’t worry, they say jobs, jobs that we badly need. The Acting CHAIR. The question is to Big Oil. Don’t worry, they say to the So for that and many other reasons, on the amendment offered by the gen- Defense Department, we’re not touch- I oppose the gentleman’s amendment. tleman from California (Mr. MCCLIN- ing you in this big budget deal that we Madam Chairman, I yield back the TOCK). want. balance of my time. The question was taken; and the Act- And then where do they turn? They Mr. MARKEY. Madam Chair, I move ing Chair announced that the noes ap- turn over here to solar and wind and to to strike the last word. peared to have it. geothermal and biomass, to plug-in hy- The Acting CHAIR. The gentleman Mr. MCCLINTOCK. Madam Chair, I brids, to all the technologies that we from Massachusetts is recognized for 5 demand a recorded vote. should be investing in in the future. The Acting CHAIR. Pursuant to minutes. And they turn to Grandma and say, clause 6 of rule XVIII, further pro- Mr. MARKEY. And for what? Why Your Medicare benefit is too big. They ceedings on the amendment offered by would we zero out the wind and the turn to Medicaid, they say, You, poor the gentleman from California will be solar budget? Why would we zero out child, you’re taking too much of Amer- postponed. the energy efficiency, the conservation ica’s wealth. And you, green energy budget? For what? Well, so that we can AMENDMENT OFFERED BY MR. MARKEY sector, we can’t afford to invest in you. have larger tax breaks they tell us. Be- Mr. MARKEY. Madam Chairman, I So, ladies and gentlemen, this is not cause in another room not too far from have an amendment at the desk. compromise. This is the capitulation here there are a whole bunch of Repub- The Acting CHAIR. The Clerk will re- that they are looking for from the lican negotiators saying that the $4 bil- port the amendment. Democrats. This is the capitulation to The Clerk read as follows: lion a year, which are the tax breaks an agenda that helps billionaires, helps for the oil industry, they’re off the Page 23, line 4, after the dollar amount in- Big Oil, helps big gas, helps us export sert ‘‘(increased by $100,000,000)’’. table. You can’t touch those tax breaks Page 24, line 6, after the dollar amount in- jobs overseas by keeping those tax for the oil industry, can’t touch them. sert ‘‘(reduced by $50,000,000)’’. breaks in place rather than fighting And over the next 10 years, that’s $40 Page 24, line 18, after the dollar amount in- hard for what the green generation— billion for the oil industry. sert ‘‘(reduced by $50,000,000)’’. the young people in our country—ex- So we’re out here kneecapping wind The Acting CHAIR. The gentleman pect us to do, rather than allowing our- and solar, kneecapping the future, from Massachusetts is recognized for 5 selves to be tipped upside down at the kneecapping our ability to have wind minutes. gasoline pump.

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.088 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4822 CONGRESSIONAL RECORD — HOUSE July 11, 2011 b 1720 for those activities while cutting out b 1730 activities that are redundant with the All I do is take $100 million, move it BETTER USE OF LIGHT BULBS private sector or that interfere improp- from the coal subsidies, the oil and the ACT gas subsidies, and move it over, move erly in market innovation. Mr. BARTON of Texas. Mr. Speaker, it over to solar and wind, to plug-in hy- But his amendment would add back I move to suspend the rules and pass brids, to all electric vehicles. And with unnecessary funding for administration the bill (H.R. 2417) to repeal certain that, by the way, ladies and gentlemen, proposals that are poorly planned and amendments to the Energy Policy and they still haven’t been cut this year in lack justification. For example, the ad- Conservation Act with respect to light- this budget. That’s just taking away ministration proposes more than $200 ing energy efficiency, and for other the increase that they get in this budg- million to deploy electric vehicle infra- structure. But after repeated requests, purposes. et. And we still haven’t made up for all the department provided less than one The Clerk read the title of the bill. of the cuts in the solar and wind and page of explanation for this program. The text of the bill is as follows: clean energy budget that they continue At best, this funding would be poorly to slash. H.R. 2417 So, ladies and gentlemen, it’s $100 used, and at worst, it will interfere Be it enacted by the Senate and House of million. Does oil and coal and gas de- with entrepreneurial innovations in in- Representatives of the United States of America serve an increase this year? Let’s at frastructure underway in the private in Congress assembled, least keep them level and give that sector. SECTION 1. SHORT TITLE. The administration also proposes a extra $100 million over to the clean en- This Act may be cited as the ‘‘Better Use new Race to the Green program, a of Light Bulbs Act’’. ergy technologies of the future. That is State and city grant program. Again, the least that the green generation, the SEC. 2. LIGHTING ENERGY EFFICIENCY. after repeated requests for justification (a) IN GENERAL.—Sections 321 and 322 of young people in our country, expect us to the Department of Energy, this new the Energy Independence and Security Act of to do because it’s not only imported $100 million proposal is accompanied 2007 (Public Law 110–140) are repealed. oil, it’s also our national security, it’s by barely more than a paragraph of ex- (b) APPLICATION.—The Energy Policy and also global warming, it’s also creating planation. Conservation Act (42 U.S.C. 6201 et seq.) shall economic jobs here in the United When every tax dollar must be spent be applied and administered as if sections 321 and 322 of the Energy Independence and Se- States. I urge an ‘‘aye’’ vote. well, we can’t throw money at poorly I yield back the balance of my time. curity Act of 2007 (and the amendments planned programs while cutting fossil Mr. FRELINGHUYSEN. Madam made by those sections) had not been en- energy and nuclear programs. I, there- Chair, I move to strike the last word. acted. The Acting CHAIR. The gentleman fore, oppose the amendment and urge SEC. 3. MERCURY-CONTAINING LIGHTING. from New Jersey is recognized for 5 all Members to do likewise. No Federal, State, or local requirement or I yield back the balance of my time. minutes. standard regarding energy efficient lighting The Acting CHAIR. The question is Mr. FRELINGHUYSEN. I rise in op- shall be effective to the extent that the re- on the amendment offered by the gen- quirement or standard can be satisfied only position to the gentleman’s amend- tleman from Massachusetts (Mr. MAR- by installing or using lamps containing mer- ment. cury. The gentleman’s amendment would KEY). The question was taken; and the Act- SEC. 4. STATE REGULATION. increase funding for Energy Efficiency ing Chair announced that the noes ap- No State or local regulation, or revision and Renewable Energy accounts and peared to have it. thereof, concerning the energy efficiency or reduce funding for Fossil Energy Re- Mr. MARKEY. Madam Chair, I de- energy use of medium screw base general search and Development and nuclear mand a recorded vote. service incandescent lamps shall be effective. energy research. This would increase The Acting CHAIR. Pursuant to SEC. 5. DEFINITIONS. money for a program that already re- clause 6 of rule XVIII, further pro- In this Act, the terms ‘‘general service in- ceives sufficient funds and hamper ef- ceedings on the amendment offered by candescent lamp’’, ‘‘lamp’’, and ‘‘medium forts to further technologies that screw base’’ have the meanings given those the gentleman from Massachusetts will terms pursuant to the Energy Policy and produce most of our electricity. be postponed. Madam Chair, the gentleman as- Conservation Act (42 U.S.C. 6201 et seq.), as Mr. FRELINGHUYSEN. Madam applied and administered pursuant to section serted that fossil and nuclear energy Chairman, I move that the Committee 2. are yesterday’s sources of energy and do now rise. that we’re shortchanging tomorrow’s The SPEAKER pro tempore. Pursu- The motion was agreed to. ant to the rule, the gentleman from energy sources. Well, in fact, nuclear Accordingly, the Committee rose; Texas (Mr. BARTON) and the gentleman energy produces 20 percent of our Na- and the Speaker pro tempore (Mr. from Pennsylvania (Mr. DOYLE) each tion’s electricity, and even the State of WOODALL) having assumed the chair, will control 20 minutes. Massachusetts depends on nuclear en- Mrs. MILLER of Michigan, Acting Chair The Chair recognizes the gentleman ergy for about 10 percent of its energy. of the Committee of the Whole House from Texas. Fossil fuels, such as coal and natural on the State of the Union, reported gas, generate 70 percent of our Nation’s that that Committee, having had under GENERAL LEAVE electricity, and we will use these valu- consideration the bill (H.R. 2354) mak- Mr. BARTON of Texas. Mr. Speaker, able energy sources for many genera- ing appropriations for energy and I ask unanimous consent that all Mem- tions. In fact, the Commonwealth of water development and related agen- bers may have 5 legislative days within Massachusetts gets 80 percent of its cies for the fiscal year ending Sep- which to revise and extend their re- electricity from fossil fuels. tember 30, 2012, and for other purposes, marks on this legislation, and to insert I understand his desire to move us had come to no resolution thereon. extraneous material on the bill. forward, but realistically, we’ll be The SPEAKER pro tempore. Is there f using fossil fuels for decades and nu- objection to the request of the gen- clear energy perhaps for centuries. And ANNOUNCEMENT BY THE SPEAKER tleman from Texas? we must ensure that we use those re- PRO TEMPORE There was no objection. sources as efficiently and clearly as The SPEAKER pro tempore. Pursu- Mr. BARTON of Texas. Mr. Speaker, possible. Further, the amendment in- ant to clause 8 of rule XX, the Chair I yield myself such time as I may con- creases funding for that Energy Effi- will postpone further proceedings sume. ciency and Renewable Energy account, today on the motion to suspend the I want to start off by introducing to a program that has seen a record in- rules on which a recorded vote or the the body my special assistant this crease since 2007 and still has nearly $9 yeas and nays are ordered, or on which week, Mr. Speaker, young Jack Kevin billion of unspent stimulus funds from the vote incurs objection under clause Barton, my 5-year-old son. He is with 2009. Imagine that. 6 of rule XX. me to help with the congressional base- There’s a proper role for core Energy Any record vote on the postponed ball game that we are going to play on Efficiency and Renewable Energy pro- question will be taken after 6:30 p.m. Thursday evening. And he loves coming grams, and our bill preserves funding today. to the floor, and he loves voting. So we

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.093 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4823 are glad to have Jack Kevin on the that Republicans are trying to repeal reduced the amount of energy needed floor with us. here today. The way I remember it, our to produce a ton of steel by 33 percent Mr. Speaker, we are here today be- current chairman, Mr. UPTON, intro- since 1990. cause of something that happened back duced the bill to set the standards. Our The lighting industry has already in 2007, when this body passed a bill former House Speaker, Dennis Hastert, begun to revolutionize, much like the that later became a law that effec- supported it, along with many Repub- industrial steel industry did back in tively, beginning next year, if not licans. And, finally, President George the nineties. When the industry agreed changed, would ban the traditional in- W. Bush signed these standards into to these efficiency standards in 2007, it candescent light bulb, the 100-watt law. was because they knew they could in- bulbs, the 60-watt bulbs that we have In fact, if you look at the history be- novate and still be profitable by mak- all grown up with. The bill doesn’t hind consensus efficiency standard, you ing the incandescent bulb, yes, col- truly ban them. It just sets an effi- will see that this used to be something leagues, the incandescent bulb more ef- ciency standard that the current light that we all agreed upon. Beginning ficient and developing new tech- bulbs cannot meet. with President Reagan in 1987, Con- nologies like compact fluorescents and The problem with the de facto ban, gress and the White House have en- LED light bulbs. And even better, the Madam Speaker, is that it has the ef- acted Federal energy efficiency stand- lighting industry began making those fect of taking off the market one of the ards five times, each time with bipar- bulbs right here in the United States of least expensive options for lighting in tisan support. These standards were de- America. Even in Pennsylvania, Syl- our constituents’ homes. I went to a veloped as consensus agreements with vania retooled a plant in St. Mary’s, local grocery store last week and pur- manufacturers, energy efficiency advo- Pennsylvania, to make these incandes- chased one CFL 60-watt bulb for $5.99. I cates, and States. cent light bulbs that meet the energy purchased four 60-watt incandescent There’s more than 50 products on the efficiency standards that we passed in light bulbs in a four-pack for $1.50, or market today that are covered by a va- 2007. 37.5 cents a piece. Now, obviously, a $6 riety of these Federal standards. Ev- b 1740 light bulb is a much bigger expense to erything from dishwashers and refrig- a moderate- or low-income family than erators to traffic signals have become They are being made in the United a 37.5-cent light bulb. more efficient as a result of these Fed- States by United States steelworkers The 60-watt CFL does claim it will eral standards, saving the country en- in Pennsylvania, and you can find last 10,000 hours, and it does claim over ergy and saving consumers money. them on your shelf at the grocery store its life it will save money. That’s prob- These standards have been in effect or the hardware store. Or you can get ably a true statement, Madam Speak- since 1987, have saved Americans about these Philips bulbs, also incandescent er. But what is not so apparent is that 3.6 quads of energy. If we continue with light bulbs, colleagues. They meet the that $6 cost up front is real, and the enacting Federal efficiency standards, energy standards that were set in 2007. savings may or may not occur, depend- we can save up to 6.1 quads of energy Steelworkers are making the fila- ing upon how long that bulb lasts, how by 2030. That is more energy than was ments in these bulbs in Bath, New often it’s used, and under what condi- used in my State of Pennsylvania in York. In fact, United Steelworkers is tions it’s used. 2008. The light bulb efficiency stand- opposing this bill and telling us at a If you assume that the average bulb ards alone will save Pennsylvania 3.64 time when Americans continue to expe- is used 4 hours a day, which is what the billion kilowatt hours of energy in a rience downward financial pressures, American Lighting Association as- year. That means we’ll save $465 mil- energy-efficient light bulbs present an sumes, then it is quite possible, Madam lion in Pennsylvania in just 1 year everyday solution to a much-needed Speaker, that that $6 CFL bulb won’t from these standards. cost savings. last 10,000 hours if it’s turned on and In Congress we don’t always agree on But it’s not just steelworkers that off 2,500 times. It might last half that much; but for the last 25 years, we have are benefiting. Light bulbs that meet long. So I am not opposed to the been able to agree on energy efficiency. these standards are being made all over squiggly tailed CFLs. I think they have And it’s been good for the country and the United States of America. In 2011, their place in the market. But to take for American families and for the envi- TCP, one of the world’s largest makers off the market something that’s cheap, ronment. So why would we wish to re- of CFLs, is opening a new factory in effective, and in average use costs verse this policy today? But you know, Ohio. maybe two or three cents a week to use energy and cost savings aren’t the only The SPEAKER pro tempore (Mrs. seems to me to be overkill by the Fed- benefits from these standards. MILLER of Michigan). The time of the eral Government. Having lived in Pittsburgh, Pennsyl- gentleman has expired. When I have talked about the light vania, my whole life, I have seen how Mr. DOYLE. I yield myself 30 addi- bulb bill in my town hall meetings and efficiency can revolutionize an indus- tional seconds. CFL is making a new factory in Ohio in my meetings in my district, I have try and revitalize a city. In the seven- to meet the demand. Seven thousand had very few people, Madam Speaker, ties, I worked two summers at J & L U.S. jobs have been created by compa- say that they think that’s a good piece steel mill on Pittsburgh’s south side. nies like Cree in North Carolina, Light- of legislation, that they think the Fed- The industry was doing well, and Pitts- ing Science Group in Florida, and eral Government should be telling us burgh was a company town. But in a Lighting Philips Company, the world’s what kind of light bulbs we should and few years, that industry came to a biggest lighting company, to produce should not use. They think we should screeching halt as international com- the next generation of efficient LED let the marketplace operate. We should petitors were making steel using new light bulbs. GE recently invested $60 repeal this de facto ban, then let people technologies and more efficient proc- million to create a Global Center of decide whether they want to pay $6 per esses, allowing them to undercut the Excellence for linear fluorescent lamp light bulb or 37.5 cents. Some people price of U.S. steel. But the steel indus- manufacturing in Bucyrus, Ohio, an ac- may decide that the life expectancy try didn’t leave the United States, and tion that will double the number of cost savings are worth it. But I bet the it didn’t leave Pittsburgh. It re- jobs there. majority, the overwhelming majority, invented itself. It got smarter and New innovation and energy efficiency would choose the less expensive up- leaner and more energy efficient. has brought jobs to this country. This front costs of the traditional incandes- U.S. steelmakers started using blast is not the time to repeal these stand- cent light bulbs. oxygen furnaces rather than old open ards. With that, Madam Speaker, I reserve hearth furnaces that used more energy. the balance of my time. They started doing continuous casting UNITED STEELWORKERS, Mr. DOYLE. Madam Speaker, I yield rather than ingots and molds that re- Washington, DC, July 11, 2011. HOUSE OF REPRESENTATIVES, myself 5 minutes. quired reheating. They started using Washington, DC. I rise in opposition to this bill. I was waste heat recovery and energy moni- DEAR REPRESENTATIVE: Today, Congress is on the committee back in 2007 when we toring and management technologies. expected to vote on the Better Use of Light first wrote the efficiency standards As a result, the U.S. steel industry has Bulbs (BULB) Act (HR 2417). On behalf of the

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.097 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4824 CONGRESSIONAL RECORD — HOUSE July 11, 2011 850,000 members of the United Steelworkers Putting this ban, putting these high- saves the need to construct 30 coal- (USW) union, I urge you to vote ‘‘No’’ on this er efficiency standards in place, many fired plants over the next 20 years in bill that would repeal the energy efficiency people thought it was the right deci- the United States. standards for light bulbs that were enacted sion. I didn’t think it was the right de- Now, if you are a coal executive, you under the Energy Independence and Security Act (EISA) of 2007. cision. I voted against it in committee. are a nuclear executive, you are going, The BULB Act would only serve to reverse I voted against all of this on the floor. Oh, no, kill those more efficient light the spirit of ingenuity that has taken place But I would ask you just to remem- bulbs. People in America are going to among light bulb manufactures since the ber the American people are telling us consume less electricity. It will cut passage of EISA. Rather than viewing the this doesn’t work. They don’t like the into our profits. People will buy these new efficiency laws as a reason to halt pro- restrictions that are there in the mar- light bulbs. duction and close their doors, domestic man- ketplace. They don’t like the fact that And, by the way, here’s a Sylvania, ufacturers, such as Osram Sylvania, decided the bulbs cost too much money. which, by the way, looks just like to retrofit their existing facilities in those old bulbs too, because it is an old Wellsboro and St. Mary’s, Pennsylvania to And I would also remind my col- produce energy efficient Sylvania Super leagues that all of the CFLs, the com- bulb. They just made it more efficient. Saver halogen bulbs. USW members manu- pact fluorescent light bulbs, they are And so people who are nostalgic for the facture the outer glass portion of the light made in China. They are not made way bulbs looked for the last hundred bulbs at the Wellsboro facility and assemble here. The CFLs don’t work as well. It years, it is the same look, and it cost the bulbs at the St. Mary’s facility. requires more bulbs to get the same a buck 69 for this bulb. But it will save Osram Sylvania’s decision to change their amount of light in a given area. These you, over the next 5 years, over the business model and use new technology to things have proven to be very vulner- next 10 years, a lot of money. But it produce more energy efficient bulbs works towards our nation’s overall goal of reducing able to power surges. We hear that won’t cost the coal industry and the our green house gas emissions, but also pro- from our constituents in the rural nuclear industry, who generate elec- vides a tangible example of family-sus- areas. tricity, a lot of money because they taining clean energy manufacturing jobs in In essence, Madam Speaker, they won’t have to build 30 new coal-fired the U.S. don’t save any energy, and we know plants. Additionally, these U.S.-made bulbs have that they are also dangerous because So let’s just think about other been able to successfully compete against they are filled with mercury. I know things. foreign-made compact fluorescent light that Congressman BURGESS, who has And, by the way, every living de- (CFL) bulbs, which have dominated the mar- scendant of Thomas Alva Edison op- ket and rely heavily on the use of mercury, also worked on this with Chairman which the Sylvania Super Saver halogen BARTON and me, is going to speak to poses this amendment; by the way, as bulbs do not contain. that. There is a provision in this that would every living descendant of Alex- Lastly, at a time when American’s con- does address the mercury levels. ander Graham Bell oppose moving from tinue to experience downward financial pres- Also, our legislation says, and I black rotary phones to BlackBerries. I sures, energy efficient light bulbs present an think this is very important, that D.C. think that Alexander Graham Bell and every-day solution to much needed cost-sav- cannot mandate the standards on these his descendants would say, I think he ings. A recent study conducted by the Appli- bulbs, that your State government can- would be happy that you made the ance Standards Awareness Project for the transition. But, of course, we had to Natural Resources Defense Council (NRDC), not mandate the standards on these found that repealing the energy efficiency bulbs, that we are going to leave that pass legislation here on the House floor standards would cause a seven percent or $85 to the consumer to choose. And con- to move that technology. increase in energy costs for the average sumers want to have that choice. I think that people probably would household. I think so many groups have come think twice if a Xerox machine had to Again, we urge you to vote ‘‘No’’ on the out in favor of our legislation and op- come with carbon paper at the same Bulb Act, and instead to support the spirit of posed to these light bulbs, even the time, just in case people were still nos- ingenuity, job creation and preservation and AFL–CIO has an interesting little bit talgic for carbon paper rather than energy-savings that have resulted from the Xerox paper, because that’s really what improved energy efficiency standards en- on their labor union Web site about acted in 2007. that light bulb, making the point that this debate is all about. It’s really a de- Sincerely, there are many ways to save elec- bate about whether or not we are going HOLLY R. HART, tricity without shifting all these jobs to continue to see an increase in the ef- Assistant to the President, to China for a mercury-filled light ficiency of technologies in our society, Legislative Director. bulb. especially those that consume energy. I reserve the balance of my time. We know that the President thought In other words, there is a point to Mr. BARTON of Texas. Before I yield this was going to help create 800,000 this, and the point is it reduces the to the gentlewoman from Tennessee, I U.S. jobs. The only jobs we have found amount of greenhouse gases that we would point out that the light bulbs is that the Winchester, Virginia, plant have to send up into the atmosphere. It that my good friend, Mr. DOYLE, just shut down and those 200 jobs, employ- reduces the amount of energy that we alluded to, are five times to six times ees that lost their jobs on September have to think about importing from as expensive as the traditional incan- 24, 2010, they saw their jobs go to other countries. And it gives to the descent light bulb, and they are not China. consumers something that, over the manufactured—I think there is one fa- There have been unanticipated con- life of the light bulb—and we are talk- cility in the United States, a Sylvania sequences of the 2007 act, and it is time ing here about Philips and Sylvania facility, that still makes light bulbs. for us to say it was bad policy, it was and other companies who have already The rest have moved overseas. a bad idea, and we need to get it off the figured out in the last 4 years how to I yield 3 minutes to a cosponsor of books. comply with the law—you don’t have the legislation, a member of the com- Mr. WAXMAN. Madam Speaker, I to buy one of those funny-looking new mittee, Mrs. BLACKBURN of Tennessee. rise to manage the time on this bill on light bulbs. You can just buy one of Mrs. BLACKBURN. Madam Speaker, behalf of the Energy and Commerce those old light bulbs that look just like the chairman spoke to the cost of these Committee Democrats. the one that your mother and father bulbs and how incredibly expensive The SPEAKER pro tempore. Without used to go down to the store and buy. they are; and, indeed, our constituents objection, the gentleman from Cali- Why? Because finally they had to make have talked about that. fornia will control the time. them more efficient. And to my colleagues who are going There was no objection. And, by the way, what is the anal- to try to support this standard and this Mr. WAXMAN. I yield 5 minutes to ogy? Well, back in 1987, I was able to de facto ban on the incandescent light the gentleman from Massachusetts author the Appliance Efficiency Act of bulb, I would simply say two wrongs do (Mr. MARKEY). 1987. And what has happened since not make a right. I know you heard Mr. MARKEY. I thank the gen- then? Well, believe it or not, refrig- that as you grew up, and I would ask tleman. erators are now three or four times you to think about that in this Cham- First, let’s start with how much elec- more efficient. Air conditioning sys- ber today. tricity this saves for our country. It tems are now three to four times more

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.027 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4825 efficient. And because of that, there guage. I introduced amendment after adult choice about that. I should be are hundreds of coal-fired plants that amendment to try to modify or prevent able to make the choice about what did not have to get built in this coun- this from happening, and over and over wavelength of light to use. try. again I was struck down along party The SPEAKER pro tempore. The Because all of these lights in this lines. I tried to amend the bill so that time of the gentleman has expired. room, all of the air conditioning in this we would not have to require the use of Mr. BARTON of Texas. I yield the room, well, for every building across a mercury-containing light bulb in gentleman an additional 30 seconds. the country, piled up, that’s why we areas where there were vulnerable pop- Mr. BURGESS. Here’s the bottom need coal-fired and nuclear-fired ulations—nurseries in hospitals, nurs- line: Those of us of a certain age under plants. ing homes—where it would be difficult a compact fluorescent bulb, we don’t look as good as we do under an incan- b 1750 to move the people out of the way in order to comply with the EPA’s guide- descent bulb. Even the former chair- The fewer of them that there are is lines for how you would deal with acci- man of my Committee of Energy and directly related to how efficient we dental breakage of one of these bulbs. Commerce suffers from what might be make the things that we plug into the The bottom line is that I and every called ‘‘spectrum fatigue’’ under a wall. So light bulbs are at the very top other American should be permitted, compact fluorescent bulb. We need to of the list because they’re on in every should be allowed to determine what be able to have the type of bulb that single room in the United States every type of light bulb we use at home. It Americans choose, not that Congress day. So if you can double the effi- seems so simple. Whatever happened to chooses. ciency, then you reduce dramatically government with the consent of the Mr. WAXMAN. Madam Speaker, I am the number of nuclear power plants governed? pleased to yield 3 minutes to the gen- and of coal-fired plants that have to But now the government wants to tleman from New Jersey (Mr. HOLT). get built. tell consumers what type of light bulb Mr. HOLT. I thank the gentleman. That’s really what we should be all they use to read, cook, watch tele- Madam Speaker, I rise in opposition. about. We have to learn how to think vision, or light their garage. In fact, Many have claimed that Washington smarter and not harder. We have to consumers should make that decision, will ban the sale of conventional incan- think how we use technology to im- and they should make that based upon descent light bulbs. My colleague from prove our society and not bring out what is available in the marketplace. Texas just said he regrets that he legislation on the floor that prohibits However, we have distorted what’s would lose this soft glow of the incan- the advance of technology, prohibits available in the marketplace. descent light. In fact, he can use an in- the advance of science, prohibits the Proponents claim that this bill does candescent light. It looks like this. It advance of efficiency in our society. not ban incandescent bulbs. Well, looks familiar. It’s what in comic And just like the Blackberry has trans- that’s correct. What it does ban is the strips you put above somebody’s head formed our society in the last 15 years 100-watt light bulb. Let me repeat. The to say, ‘‘I’ve got a good idea.’’ Not that and no one would want to go back to 2007 Energy Security Act bans the 100- I’m going to keep doing things the old that old era of 1996 before the watt light bulb. That’s just flat wrong. way and stick in a rut, no. I’ve got a broadband revolution began, the same Consumers should be making the deci- good, new idea. thing is true for these more, modern, sion as to whether or not they use a That’s what happened a few years efficient light bulbs. They save people 100-watt bulb in their home, not bu- ago when it became apparent that money. They give them just the same reaucrats in Washington. technology had come so far that we kind of light. They reduce the amount The new bulbs cost more. American didn’t have to throw away 90 percent of of pollution that we send up into the families are already tightening their the energy of an incandescent light atmosphere, and they make America budgets. They need to be able to make bulb. Scientists had shown us how you the leader technologically on these the decision: Do I save on the electric can make light bulbs that would technologies that are ultimately going bill, or do I save on the purchase of a produce, as these do, 100 watts worth of to be sold in every country in the light bulb? We should not be picking light for 72 watts of electricity charge, world. winners and losers in the United States and you could do it for $1.49 for each of I urge a ‘‘no’’ vote. Congress. them here. Mr. BARTON of Texas. Briefly, to Now, I’m a strong supporter of en- Well, in a bipartisan effort, this leg- reply to my good friend from Massa- ergy efficiency. I do an energy effi- islation that has driven the country chusetts, the light bulbs that he just ciency summit every summer in my forward in lighting was passed, and showed, the least expensive one of district. I did one last weekend. I invite now the majority on a partisan tear is those I think he said was about $1.60, speakers to talking about what busi- coming and trying to repeal it just $1.70. Your traditional incandescent nesses and constituents can do to con- when it shows that it is working. light bulb you can buy, if you can find serve energy. I drive a hybrid. I have About 15 percent of residential elec- them, for anywhere from 25 cents to 40 taken steps to make my home more ef- tricity goes into lighting. Wouldn’t cents apiece. So that light bulb is still ficient. But I’ve done all of this be- you, wouldn’t anyone, like to save 30 five to six times more expensive than cause it was the right thing to do, and percent of that, which is just being the classic incandescent bulb. I purchased those things on the open thrown away? With that I yield 3 minutes to an- market because they made sense to me Now, my colleagues say Congress other original sponsor of the legisla- and my family, not because the Federal shouldn’t be doing this. Why are they tion, a member of the committee of ju- Government or even the gentleman not also issuing calls for turn-of-the- risdiction, the good doctor from Den- from Massachusetts told me that this century Model Ts or iceboxes? They ton County, Texas, Dr. MICHAEL BUR- was what I should be doing. The Amer- have sort of a yearning for the good old GESS. ican people should be able to choose days, technologies that are roughly as Mr. BURGESS. I thank the gen- what type of light bulb they use in old as the incandescent light bulb. tleman for yielding. their home. They should not be con- We’re proud in New Jersey of Thomas Four years ago, the summer of 2007, strained to all of the romance of a So- Edison. But we’ve improved the talking the then-new Democratic majority viet stairwell when they go home in machines. We’ve done a little bit better brought legislation to our committee the evening. with the moving pictures. Now, Model that included a provision that I frankly Look, I work in a Federal building. I Ts and iceboxes are technologies that did not understand what in the world understand that in a Federal building actually happen to have been improved they were trying to do, a provision that I’m going to work under fluorescent through Federal standards. The compa- would regulate the type of light bulb light. I get that. But when I go home at nies are moving rapidly to make more that every American would have to use night, I should be able to read my efficient lighting that will give you all in their home. paper by the light of an incandescent the advantages you want that you’re During the markup of this bill, I was bulb if that is my choice. I purchase used to of the incandescent bulb and outspoken in my opposition to the lan- other things, and I’m able to make an save you bundles. Yes, this costs a few

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.101 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4826 CONGRESSIONAL RECORD — HOUSE July 11, 2011 dimes more, but let me tell you, you turn out the lights; the party is over improve efficiency in the absence of start saving dimes the moment you for the traditional incandescent light Federal action. And we should have screw these into the socket. bulb. cleaned up the drafting of this bill that This is a bad idea to repeal it. And that’s just the way it is. eliminates all efficiency standards for Mr. BARTON of Texas. Madam Mr. WAXMAN. Madam Speaker, I fluorescent lighting. Speaker, I yield 3 minutes to the gen- yield 1 minute to the gentleman from I oppose this bill, first of all, on pro- tleman from Houston, Texas, Judge Pennsylvania (Mr. ALTMIRE). cedural grounds. We shouldn’t adopt TED POE. Mr. ALTMIRE. I continue to hear my legislation with significant impacts Mr. POE of Texas. I thank the gen- colleagues promote the fantasy that without a single hearing or markup to tleman for yielding. government has banned the incandes- understand what it does. But I strongly Madam Speaker, energy efficiency is cent light bulb. They think if they say oppose this BULB Act on substance. It a good idea. Mandated by the Federal it over and over again that it will be would undermine job growth, strand in- Government under this legislation that true. But it’s not true. The incandes- vestments that have been made to we’re currently serving under, it is pre- cent light bulb is not banned. Manufac- make sure that we meet these new venting competition. The Federal Gov- turers are not told which technology to standards, waste $12 billion a year on ernment is creating a monopoly. use to produce light bulbs, and con- unnecessary electricity bills, and in- sumers will still be able to buy the in- b 1800 crease pollution. candescent light bulb for years to I don’t think my colleagues on the The Model T Ford is not outlawed. come. other side of the aisle would come to You can still buy one if you can find Incandescent bulbs that meet the the floor and say: Why are we requiring one. But the Federal Government new standards are already on the mar- new cars to meet tighter emissions hadn’t banned it just because it’s inef- ket. Three American-made brands are standards or tighter pollution stand- ficient. Iceboxes—some of us actually here before me. They have the same ards? Let the public be able to choose know what an icebox looks like—are look and emit the same light as tradi- the old ones that polluted more. not banned by the Federal Govern- tional incandescent bulbs. But there is I would be amazed if the colleagues ment. You can still find one and use a difference: They last much longer and on the other side of the aisle came here one if you want to because it’s com- offer substantial energy efficiency sav- and said: Why should we have more ef- petition, even though they are ineffi- ings for consumers. ficient dryers, washers, and refrig- cient. But the issue is should the Fed- Hopefully, a symbolic light bulb will erators? We like the old ones that were eral Government come in and mandate soon go on above the heads of my col- less efficient. a monopoly? And that is what has oc- leagues to enlighten them to let them This bill is absolutely unnecessary. curred. know that their rhetoric bears no fact In 2007, the lighting industry and the Second, these new light bulbs, these to reality, and the incandescent bulb is efficiency advocates reached a con- CFL light bulbs, are dangerous to our here to stay whether they like it or sensus on national standards to make health. Dr. BURGESS has already point- not. light bulbs more efficient and avoid a ed out they contain mercury. I thought Mr. BARTON of Texas. I yield 1 patchwork of conflicting State stand- for years we were trying to get rid of minute to one of our vigorous new ards, and, effective January 1 of next the mercury in our environment, but it Members from the great State of Illi- year, these national standards will go is in these light bulbs. Plus, now nois, Congressman HULTGREN. into effect. French scientists have discovered that Mr. HULTGREN. Madam Speaker, I So what we have is an attempt to re- these new CFL light bulbs may cause rise in strong support of the BULB Act peal a proposal that was offered by our blindness in children. German sci- because, simply put, the government current chairman of the Energy and entists have found out it’s reported has no business telling my constituents Commerce Committee, the gentleman that these light bulbs may cause can- what kind of light bulbs they can use from Michigan (Mr. UPTON), and former cer. Now, isn’t that lovely? The Fed- in their homes. Here’s a novel idea: Congresswoman Jane Harman. It eral Government is mandating some- Let’s let the free market work. This passed on a bipartisan voice vote with thing that is hazardous to our health valuable bill would restore consumer Members of both sides of the aisle because you have no choice. choice and remove the danger posed by speaking in favor. This bill, which they And the whole issue is about choice, mandated mercury-filled compact fluo- want to repeal, was signed into law by Madam Speaker, that we can let the rescent bulbs in our homes. As a con- President George W. Bush as part of consumer decide. What’s wrong with stituent of mine said recently: Like we the 2007 Energy Independence and Se- letting the consumer decide? Why are need a light bulb that requires a curity Act. you opposed to the consumer making hazmat suit to clean up if you break it. Since it was signed into law, manu- this choice? You want the Federal Gov- I urge my colleagues from both par- facturers have made millions of dollars ernment to mandate it. Now the Fed- ties to support this bill and restore in investments to produce more effi- eral Government is in the business of consumer choice to their constituents. cient incandescent bulbs. Not one man- forcing us to do something that is Mr. WAXMAN. Mr. Speaker, how ufacturer but a number of manufactur- harmful. much time remains on both sides? ers can compete, and are competing, And, finally, the EPA even warns in The SPEAKER pro tempore (Mr. once they can figure out how to meet their 1,000-word, three-page, single- LANKFORD). The gentleman from Cali- these standards, and they’re doing it spaced document about these CFL light fornia has 51⁄2 minutes remaining. The very well. bulbs how dangerous they are, and they gentleman from Texas has 6 minutes The new incandescent bulb looks and tell us how to dispose of one of these remaining. works just like the old incandescent light bulbs. Mr. WAXMAN. I yield myself the bal- bulb. In fact, we know this to be the I will insert into the RECORD this ance of my time. case. The only difference between this three-page, single-spaced report by the Mr. Speaker, you have to ask: How bulb and the old one is that it will last EPA on how to dispose of one of these do they come up with this great idea to longer, cost less over the life of the light bulbs. put this bill on the House floor today bulb. American families will save an So we are, after the passage of this under the suspension of the rules? This average of $100 a year with the new legislation years ago, finding out that calendar is usually put in place for standards. This is particularly welcome these aren’t the greatest things in the noncontroversial bills. But this is a in today’s tough economy and adds up world, and we have found and shed a controversial bill. In fact, it’s a bill to a nationwide savings of $12 billion a little light on this new CFL light bulb. that never had a single hearing in the year. The CFL light bulb is not a brighter Energy and Commerce Committee, These investments are creating new idea. It is too expensive, it is which has jurisdiction. Not only would jobs in the United States. While most unhealthy for Americans, and it it eliminate national standards, it manufacturers moved their production doesn’t allow for competition. So if we would bar any State standards, taking of the old incandescent bulbs overseas don’t pass this bill, we might as well away longstanding State authority to years ago, research and development

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.104 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4827 and high-technology manufacturing is uct manufacturing but also in terms of the ates; Conservation Law Foundation; now happening here. For example, consumer education and awareness of the Conservation Services Group; Con- there are LED facilities now in North transition and what products they need for sumer Federation of America; Con- Carolina, California, and Florida. This their lighting needs. Just like today, no one sumers Union; CREE; Earthjustice; bulb fits every lighting application or meets Ecobuild America; Efficiency First; is a growth industry. Phillips hired 100 every consumer need. Energy Future Coalition; Environment more people at its LED facility last Lighting accounts for about 12% of energy America; Environment California; En- year. use in homes. While individual home usage vironment Colorado. If we repeal this law and enact the varies, it is estimated that the average Environment Illinois; Environment so-called BULB Act, we will repeal household savings associated with this tran- Maryland; Environment Minnesota; standards that are driving this com- sition is over $100 per year, every year going Environment New Mexico; Environ- petition, and we’ll switch back to a forward. Overall national energy savings is ment New York; Environment Ohio; time when U.S. jobs would return to estimated at $10–15 billion per year, every Environment Texas; Environmental year going forward, depending on assump- and Energy Study Institute; Environ- China and Mexico. tions of usage and what type of technology is mental Defense Fund; Fresh Energy; Il- On January 1, 2012, we will be able to selected to replace traditional incandescent. luminating Engineering Society of buy a better incandescent light bulb Section 3 of HR 2417 would repeal all cur- North America; Institute for Energy that looks and feels the same as the old rent energy conservation standards for a va- and Environmental Research; Inter- ones. You don’t have to buy compact riety of energy efficient lighting: faith Power & Light; Izaak Walton fluorescents now. You don’t have to 1. General Service Fluorescent Lamps League of America; Johnson Controls buy them on January 1, 2012. You can (tubes). Section 3 would repeal the standards Inc.; kWhOURS, Inc.; LED Waves; that DOE promulgated in 2009 that are effec- buy the better incandescent bulbs or Lighting Science Group Corporation; tive a year from now. It would also repeal McKinstry; National Association of En- LEDs, neither of which contain mer- the current standards that went into effect ergy Service Companies; National As- cury. That’s more choice, not less. in 1996 that Congress enacted in the Energy sociation of State Energy Officials; Na- Well, if this bill had moved under Policy Act of 1992. tional Association for State Commu- regular order, they might have heard 2. Compact Fluorescent Lamp (medium nity Services Programs; National Elec- at a hearing that the following groups screw base). Section 3 would repeal the trical Manufacturers Association; Na- are now opposing this legislation to re- standards that Congress adopted in the En- tional Grid; Natural Resources Defense ergy Policy Act of 2005. peal the law: The National Electrical Council; Northeast Energy Efficiency 3. Metal halide lighting. It would repeal Partnerships. Manufacturers Association, the Con- the standards that Congress adopted in En- sumers Union, the Consumer Federa- Northwest Energy Coalition; Northwest ergy Policy Act of 2005. Energy Efficiency Alliance; Office of tion of America, the American Light- When combined with the EISA repeal lan- the Ohio Consumers’ Counsel; Pacific ing Association, the National Associa- guage in Section 2 for incandescent lighting Gas & Electric Company; tion of State Energy Officials, the Na- (EISA section 321) and certain incandescent PennEnvironment; Philips Electronics tional Association of Energy Service reflector bulbs (EISA section 322), HR 2417 North America Corporation; would erase all energy conservation stand- Companies, Pacific Gas and Electric Polyisocyanurate Insulation Manufac- ards for lighting products, except the stand- turers Association; Public Citizen; Re- Company, Seattle City Light, Johnson ards for fluorescent lamp ballasts and other Controls, Philips Electronics, United publicans for Environmental Protec- types of incandescent reflector lamps. tion; Sacramento Municipal Utility Technologies Corporation, United NEMA encourages you to vote ‘‘no’’ on HR District; Seattle City Light; Southern 2417 or any other provision that would repeal Steelworkers, Alliance to Save Energy, Alliance for Clean Energy; Southwest the incandescent light bulb standards. National Wildlife Federation, and the Energy Efficiency Project; Texas Im- Environmental Defense Fund. pact; The California Energy Efficiency JULY 10, 2011. I urge my colleagues to oppose this Industry Council; The Center for the DEAR REPRESENTATIVE: The House is ex- bill and not repeal a law that’s working pected to vote early next week on the BULB Celebration of Creation; The Stella as we intended it to. Act (H.R. 2417), which would repeal energy Group, Ltd.; United States Green Building Council; United Technologies NEMA, efficiency standards for light bulbs that were Corporation; Urban Green Council; Rosslyn, VA, July 11, 2011. enacted in 2007. We urge you to oppose this Utah Clean Energy; William C. The National Electrical Manufacturers As- legislation. There is no ban on incandescent Velasquez Institute; Windustry; Wis- sociation, representing over 95% of the U.S. bulbs—they are just getting better. consin Environment. lighting manufacturing industry, opposes HR As a result of the 2007 law, manufacturers 2417. A repeal of the standards established in are already making a variety of new energy EISA 2007 would strand millions of dollars in saving bulbs for homes, including more effi- JULY 6, 2011. investments, provide a marketplace advan- cient incandescent bulbs. These bulbs look, House of Representatives, tage to companies who have not made simi- light, and turn on like the bulbs we have Washington, DC. lar investments, create regulatory uncer- been using for decades, but are 28–33 percent DEAR REPRESENTATIVE: We write to urge tainty, and increase energy consumption in more efficient. you to vote against H.R. 91, (the ‘‘BULB the United States. Lighting manufacturers Energy efficient lighting saves consumers Act’’), or any other legislation that would have invested heavily to comply with the money, creates jobs, and benefits the envi- repeal efficiency standards for lighting federal incandescent lighting energy con- ronment. At a time when families are strug- which were adopted by the Congress in 2007. servation standards as well as the standards gling with high energy costs, efficient light- Repealing these standards would increase for fluorescent and metal halide lighting de- ing will save the average American family consumer energy costs, waste energy, and di- scribed below. around $100 every year (about $12 billion na- minish consumers’ lighting choices. Section 321 of EISA 2007 established for the tionwide) and save enough energy annually The new lighting standards do NOT ban in- first-time federal efficiency standards on the to power all the homes in Pennsylvania and candescent bulbs. Rather, these standards manufacturing of common light bulbs. It re- Tennessee. are technology-neutral, and manufacturers quires bulbs to be about 30% more efficient Phasing-in energy efficient light bulbs have already developed more efficient incan- than today’s bulbs. means more choices and savings . . . that’s descent bulbs that are available and on the The standards do not ban incandescent good for families, the country, and the envi- market today. Efficient options that meet light bulbs. ronment. We urge you to oppose repeal of the the new standard include a wide variety of The standards apply to production starting light bulb efficiency standards. technologies and high quality bulbs, many of January 1, 2012 for the 100 watt bulb; Janu- Sincerely, which are dimmable, can withstand cold, are ary 1, 2013 for the 75 watt bulb; and January AEC Science & Technology; Alliance to long-lasting, and come in a range of inten- 1, 2014 for the 60 and 40 watt bulbs. EISA per- Save Energy; American Council for an sity and colors. Efficiency standards have mitted California to adopt the federal stand- Energy Efficient Economy; American enhanced the numerous lighting options for ards one year earlier. Lighting Association; Appliance Stand- consumers to choose from, as inefficient Consumers will have expanded lighting op- ards Awareness Project; Association models have been scheduled to phase out of tions that include: for Facilities Engineering; Association the market and new options to replace them advanced incandescent, of State Energy Research Institutions; have been developed. compact fluorescent lights (CFLs), and Beneficial Results LLC; BlueGreen Al- Lighting accounts for 10–15% of household new lighting technologies like light-emit- liance; Business Council for Sustain- electricity use, and is one of the cheapest ef- ting diodes (LEDs). able Energy; Businesses for an Energy ficiency upgrades available to consumers. The standards are implemented over sev- Efficient Texas Coalition; Ceres; Citi- Repealing lighting standards would under- eral years. This will permit an orderly proc- zens for Pennsylvania’s Future mine consumer savings, drive up costs for ef- ess for the transition both in terms of prod- (PennFuture); Clean Energy Associ- ficient lighting, and increase demand on the

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.107 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4828 CONGRESSIONAL RECORD — HOUSE July 11, 2011 power grid, which increases the cost of elec- Joy Bergey, Executive Director, The Cen- nificantly decrease both energy demand and tricity. ter for the Celebration of Creation. harmful pollution. Consumers Union, Consumer Federation of Marty Hayden, Vice President, Policy and We urge you to REJECT H.R. 2417: this as- America, National Consumer Law Center, Legislation, Earthjustice. sault on common-sense efficiency standards Public Citizen, and National Consumers Bryan Howard, Legislative Director, U.S. will only increase American families’ energy League strongly believe that Congress Green Building Council. bills, cost jobs, and increase pollution. We should continue to move efficiency standards Seth Kaplan, Vice President for Policy and will strongly consider including votes on this forward, not backward. We thank you for Climate Advocacy, Conservation Law Foun- bill in the 2011 Scorecard. If you need more your attention to this important consumer dation. information, please call Tiernan Sittenfeld, Scott Kovarovics, Conservation Director, matter and urge you to vote against any leg- Sara Chieffo, or Alex Taurel in my office at islation that would repeal lighting efficiency Izaak Walton League of America. Nat Mund, Legislative Director, Southern (202) 785–8683. standards. Sincerely, Sincerely, Environmental Law Center. Sandy Newman, President, Voices for GENE KARPINSKI, SHANNON BAKER- Progress. President. BRANSTETTER, Elsa Ramirez, Board Member, Voces Consumers Union. Verdes. NATIONAL WILDLIFE FEDERATION, SALLY GREENBERG, Kathleen Rogers, President, Earth Day NATIONAL ADVOCACY CENTER, National Consumers Network. Washington, DC, July 11, 2011. League Lexi Shultz, Legislative Director, Climate DEAR REPRESENTATIVE: On behalf of the MEL HALL-CRAWFORD, and Energy Program, Union of Concerned National Wildlife Federation and our over 4 Consumer Federation Scientists. million members and supporters nationwide, of America. Debbie Sease, Director, National Cam- I urge you to oppose the ‘‘Better Use of Light TYSON SLOCUM, paigns, Sierra Club. Bulbs (BULB) Act’’ (H.R. 2417), or any simi- Public Citizen. Scott Slesinger, Legislative Director, Nat- lar legislation that would repeal energy effi- CHARLIE HARAK, ural Resources Defense Council. ciency standards for light bulbs that were National Consumer Tyson Slocum, Director, Energy Program, enacted in 2007 with strong bipartisan sup- Law Center, on be- Public Citizen. port and signed into law by President Bush. half of its low-in- Stephen A. Smith, DVM, Executive Direc- come clients. tor, Southern Alliance for Clean Energy. Despite claims by critics of the provision, Bill Snape, Senior Counsel, Center for Bio- the standard is not a ban on the incandes- logical Diversity. JULY 8, 2011. cent light bulb. U.S. lighting manufacturers Lynn Thorp, National Campaigns Coordi- DEAR REPRESENTATIVE: The House is sched- are already producing advanced incandescent uled to vote this Monday on the BULB Act nator, Clean Water Action. light bulbs that meet the EISA energy effi- Karen E. Torrent, Federal Legislative Di- (H.R. 2417), which would repeal energy effi- ciency standards. These fully dimmable, in- rector, Environmental Law and Policy Cen- ciency standards for light bulbs. On behalf of stant-on bulbs look like and provide the ter. our millions of members and supporters, we same quality of bright, white light con- Brooks Yeager, Executive Vice President, sumers are use to—while consuming nearly urge you to oppose this bill. The standards Clean Air–Cool Planet. were enacted in 2007 with strong bipartisan 30 percent less energy. The difference be- support and signed into law by President tween the newer high-tech bulbs and the ven- LEAGUE OF CONSERVATION VOTERS, Bush. erable 135-year-old Incandescent is $15.8 bil- Many proponents of legislation to repeal Washington, DC, July 8, 2011. lion annually—saving each U.S. family of the standards claim that they ban the incan- Re Oppose H.R. 2417, the BULB Act of 2011. four more than $200 a year. descent light bulb, which is simply not true. House of Representatives, Energy efficiency measures are one of the The standards just require the bulbs to be Washington, DC. cheapest and quickest ways to reduce carbon more efficient. Manufacturers are already DEAR REPRESENTATIVE: The League of Con- pollution that contributes to climate making a variety of bulbs that meet the new servation Voters (LCV) works to turn envi- change. The light bulb efficiency standards standards, including incandescent bulbs that ronmental values into national priorities. will reduce pollution that harms our public are 28–33 percent more efficient than the tra- Each year, LCV publishes the National Envi- health, including emissions of mercury and ditional incandescent bulb that has changed ronmental Scorecard, which details the vot- carbon pollution. The standards will prevent little over the past 125 years. These new in- ing records of members of Congress on envi- more than 100 million tons of carbon pollu- candescent bulbs look, light, and turn on ronmental legislation. The Scorecard is dis- tion per year—the equivalent of taking 17 like the old bulbs. Consumers also have the tributed to LCV members, concerned voters million cars off the road. Coal-fired power option to buy compact fluorescent lamps nationwide, and the media. plants are the number 1 man-made source of (CFLs) and light emitting diodes (LEDs), LCV urges you to vote NO on H.R. 2417, the mercury emissions in the US and put public which provide even greater cost and energy so-called Better Use of Light Bulbs Act of health and wildlife at risk. When fully imple- savings. 2011. This bill would eliminate the common- mented, the new lighting standards would Repealing the standards would jeopardize sense energy efficiency standards for light eliminate 60 percent of the mercury emis- their benefits, which include: bulbs that passed with strong bipartisan and sions caused by common household lighting. Annual energy bill savings of about $100 for industry support and were signed into law by New energy-efficient incandescent bulbs and the average American family and approxi- President Bush in 2007. It would roll back the LEDs contain no mercury and while CFLs do mately $12 billion nationwide. financial and public health benefits of these contain a very small amount of mercury— Decreased energy demand, which would standards that will contribute to billions of equivalent in size to the tip of a ballpoint avoid the need for 30 large power plants, de- dollars in savings for American families, pen and one-fifth the amount of mercury in creasing levels of harmful air pollution. thousands of new jobs in the manufacturing a watch battery on your wrist—they result American jobs making better, more effi- sector, and energy savings equivalent to 30 cient light bulbs that meet the new stand- in less than half the overall mercury emis- large power plants. This legislation also pre- sions as traditional incandescent bulbs. ards. More than 2,000 jobs have already been empts the rights of states to issue their own created at lighting facilities in the U.S., and The light bulb energy efficiency standards energy efficiency standards for light bulbs. are backed by the lighting industry! The in- the standards are key factor in this develop- Supporters of H.R. 2417 have falsely dustry has already made very significant in- ment. claimed that new standards would ban con- vestments to develop and produce more effi- The light bulb energy efficiency standards ventional incandescent light bulbs and re- cient bulbs. Repealing this standard will cre- will help bring light bulb technology from quire consumers to purchase compact fluo- ate uncertainty for manufacturers and the days of the horse and buggy to the 21st rescent lamps (CFLs). The standards simply threaten jobs. Now is the time to implement Century, which will save consumers money, require that light bulbs be more energy effi- common-sense measures, like efficiency create jobs, and reduce pollution. We urge cient. In fact, manufacturers, including GE, standards, to save consumers money, create you to oppose legislation that would repeal Philips, and Osram Sylvania, are already jobs, and reduce pollution. The National these standards. making a number of bulbs, including incan- Sincerely, Wildlife Federation urges you to oppose leg- descent bulbs that meet this new standard. Carol Andress, Legislative Director, Cli- islation that would repeal these standards. These common-sense standards will continue mate and Air Program, Environmental De- Sincerely, fense Fund. to provide American families with a choice for their lighting needs, but with lower en- LARRY SCHWEIGER, Anna Aurilio, Washington, D.C. Office Di- President & CEO. rector, Environment America. ergy bills and estimated savings of about Dan Becker, Director, Safe Climate Cam- $100 per year for the average family. paign. The economic and public health benefits of REPUBLICANS FOR ENVIRONMENTAL Melanie Beller, Vice President, Public Pol- these standards are already being dem- PROTECTION, GOVERNMENT AF- icy, The Wilderness Society. onstrated. Manufacturers are expanding or FAIRS OFFICE, Joy Bergey, Federal Policy Manager, Citi- opening lighting plants, creating thousands Oakton, VA, July 11, 2011. zens for Pennsylvania’s Future (Penn Fu- of new, quality jobs here in the U.S. Once DEAR REPRESENTATIVE: Republicans for ture). fully implemented, the standards will sig- Environmental Protection (REP), a national

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.039 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4829 grassroots organization of Republican voters that strips states of their authority to pur- lation of the Constitution that we have and elected officials, respectfully urges you sue clean energy policies that benefit their sworn an oath to uphold. to vote against the ‘‘BULB Act’’ (H.R. 91) or citizens. Congress should repeal the federal ban on any other legislation that scuttles the com- Effective January 1, 2011—a year earlier the incandescent light bulb and should do so mon-sense efficiency standards for light than the rest of the nation—California began in a manner that is consistent with the Con- bulbs that were enacted in the 2007 energy implementing state standards that require stitution. bill. light bulbs to be 30 percent more efficient. If you would like to sign onto the letter This irresponsible and embarrassing legis- H.R. 2417 expressly invalidates these Cali- urging Chairman Upton and Representative lation is entirely based on the false premise fornia standards and repeals similar federal Barton to strike Section 4 of H.R. 2417 (on re- that the new standards phase out or ban in- standards set to take effect on January 1, verse), please contact John Maniscalco at 5– candescent screw-base light bulbs. A simple 2012. 4465 or [email protected]. trip to Home Depot would reveal just how For decades, California has led the nation Sincerely, false that premise is. in energy efficiency standards for buildings SCOTT GARRETT, All major lighting manufacturers, includ- and appliances, and now light bulbs, as part Member of Congress. ing Philips, Sylvania and GE, currently of an overall strategy to reduce energy use, ROB BISHOP, produce and sell incandescent light bulbs lower consumers’ utility bills, and create Member of Congress. that meet or exceed the new standards. In good jobs for a clean energy economy. Cali- MARLIN STUTZMAN, fact, the lighting industry helped craft the fornia’s standards have resulted in tens of Member of Congress. 2007 legislation with the full understanding billions of dollars in utility bill savings for that they could produce incandescent bulbs its citizens. It is estimated that California’s JULY 8, 2011. that meet the new standards. early implementation of the light bulb Hon. FRED UPTON, Also, contrary to the claims made by spon- standards will avoid the sale of 10.5 million Chairman, House Energy and Commerce Com- sors of the ‘‘BULB Act,’’ these new incandes- inefficient bulbs that would cost consumers mittee, House of Representatives, Wash- cent bulbs are not expensive. A Philips bulb $35.6 million in unnecessarily higher elec- ington, DC. that meets the new standards sells for $1.49, tricity bills. Studies indicate that using Hon. JOE BARTON, lasts about 50 percent longer that older in- more efficient bulbs would save the average House of Representatives, Washington, DC. candescent bulbs, and saves consumers California household about $125 per year. DEAR CHAIRMAN UPTON AND REPRESENTA- In addition, California’s light bulb stand- roughly $10 in energy cost. TIVE BARTON: The 2010 elections dem- If passed this legislation would not only ards have spurred innovation and economic onstrated that Americans are fed up with waste energy and cost consumers money, it growth, providing consumers new, more effi- government intrusion. The federal govern- would also threaten the millions of dollars cient lighting options, including advanced ment has crept so deep into our lives that lighting manufacturers have invested in re- incandescent bulbs, light-emitting diode federal agencies now determine what kind of tooling their factories to produce bulbs that bulbs, and compact fluorescent bulbs. The light bulbs the American people are allowed meet the new standards. standards are technology-neutral and do not to purchase. There is nothing new or unusual about fed- ban incandescent bulbs. That is why we applauded the introduction eral legislation setting efficiency standards H.R. 2417 is a direct attack on California’s of H.R. 91, the Better Use of Light Bulbs Act. for energy-using equipment. The first such energy efficiency strategy and would harm This legislation would simply repeal the ban legislation was signed into law 25 years ago our citizens. We urge you, the California del- on incandescent light bulbs and would have by President Ronald Reagan. Thanks to the egation, and all Members of Congress to pro- returned freedom of choice to consumers standards in the Reagan legislation and tect states’ rights to pursue clean energy throughout the United States. However; the similar laws signed by his successors, Ameri- policies and vote ‘‘no’’ on H.R. 2417. bill has been reintroduced (H.R. 2417) and cans are saving billions of dollars on their Sincerely, contains a new provision that violates the utility bills. SENATOR DARRELL 10th Amendment and the spirit of federalism Anyone who has been misled by the irre- STEINBERG, that was so important to our nation’s found- sponsible untruths being spread about the President pro Tem- ing. new standards will find their concerns to be pore. Section 4 of H.R. 2417 would prohibit states totally unfounded once January of 2012 rolls SENATOR ALEX PADILLA from re-imposing the ban on incandescent around. Chair, Senate Com- light bulbs. While it is arguably unwise for a The only thing this legislation will accom- mittee on Energy, state to restrict consumers’ choice for a plish is the waste of energy and money. Utilities and Com- product such as a light bulb, such a federal Waste is not conservative, and passing legis- munications. prohibition infringes upon states’ rights and lation that is based on a totally fictitious SENATOR FRAN PAVLEY, the principles of federalism. Most impor- premise is not prudent. Chair, Senate Com- tantly, it is a violation of the Constitution How does peddling inefficient lighting that mittee on Natural that we have sworn an oath to uphold. throws off more heat than light help our na- Resources and If Congress is to repeal the ban on incan- tion’s energy security? How does it help con- Water. sumers save money? It doesn’t. descent light bulbs, it should do so in a man- ner that is consistent with the Constitution The iconic conservative author and theo- JULY 8, 2011. rist Russell Kirk correctly pointed out: Support a Constitutional Repeal of the In- and the founding principles of the United ‘‘Nothing is more conservative than con- candescent Light Bulb Ban—Strike Sec- States. We strongly urge you to strike Sec- servation.’’ tion 4 from H.R. 2417. tion 4 of H.R. 2417. Please stand up for energy efficiency and DEAR COLLEAGUE: The federal ban on in- Sincerely, saving money. Please oppose this bizarre leg- candescent light bulbs is the perfect example SCOTT GARRETT, islation to repeal industry-supported light- of government overreach and intrusion into Member of Congress. ing efficiency standards. It is an embarrass- our daily lives. That is why we applauded the ROB BISHOP, ment to Congress and to our party. introduction of H.R. 91, the Better Use of Member of Congress Thank you for your time and attention to Light Bulbs Act. This legislation would have MARLIN STUTZMAN, this matter. simply repealed the ban on incandescent Member of Congress. Sincerely, light bulbs and returned freedom of choice to I yield back the balance of my time. DAVID JENKINS, consumers throughout the United States. Vice President for Government However, the bill has been reintroduced and Political Affairs. (H.R. 2417) and will likely be considered b 1810 under suspension on Monday, July 11. H.R. Mr. BARTON of Texas. I yield myself CALIFORNIA LEGISLATURE, 2417 contains a new provision that violates the balance of my time. STATE CAPITOL, the 10th Amendment and the spirit of fed- I have listened, Mr. Speaker, with in- Sacramento, CA, July 11, 2011. eralism. Section 4 of H.R. 2417 would prohibit Hon. JOHN BOEHNER, states from re-imposing the ban on incandes- terest to what my friends on the Demo- The Capitol, cent light bulbs. It reads: crat side have said about this bill. And Washington, DC. ‘‘No State or local regulation, or revision I think in the interest of fairness, we Hon. NANCY PELOSI, thereof, concerning the energy efficiency or ought to call a spade a spade. It is true Cannon House Office Building, energy use of medium screw base general that the law that they are defending Washington, DC. service incandescent lamps shall be effec- does not automatically ban incandes- DEAR SPEAKER BOEHNER AND MINORITY tive.’’ cent light bulbs. That is a true state- LEADER PELOSI: The undersigned leaders of While it is arguably unwise for a state to the California State Legislature strongly op- restrict consumers’ choice for a product such ment. What it does is set efficiency pose federal efforts to invalidate California as a light bulb, such a federal prohibition in- standards that the existing 100-watt energy efficiency standards and urge you to fringes upon states’ rights and the principles and 60-watt and 75-watt bulbs can’t vote ‘‘no’’ on H.R. 2417 or any other measure of federalism. Most importantly, it is a vio- meet. So they are effectively banned

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.043 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4830 CONGRESSIONAL RECORD — HOUSE July 11, 2011 because they cannot meet the stand- store or to Wal-Mart or to Home Depot, Major light bulb manufacturers such as Phil- ard. let me decide what kind of lighting, let ips, Osram Sylvania, and General Electric As has been pointed out by Mr. me decide what kind of energy effi- have already developed more efficient incan- DOYLE and several of the other speak- ciency I want. descent bulbs that consumers can purchase in ers, it is also true that industry has de- Now, it is a true statement that the store today that meet the new standards. veloped new incandescent light bulbs these new bulbs are more energy effi- Clearly, statements like the one made by the that do meet the standard. What they cient; but if it takes you 10 years to re- Wall Street Journal are incorrect, because in- haven’t done is develop a new incandes- alize the efficiency and the only way candescent bulbs to meet the standard al- cent light bulb that meets the standard you do it is by leaving it on all of the ready exist developed solely because the at existing cost. What gets left out of time, it is spending money to save standard is in place. the equation by my friends on the money that some people don’t have. The standard is also spurring manufacturers Democratic side of the aisle is the cost Again, purchase a classic 100-watt or to develop even more efficient lighting options to purchase these new bulbs, whether 60-watt incandescent light bulb for less than just these new incandescent bulbs, cre- they are the squiggly tailed CFLs or than 50 cents, you might use it, you ating R&D and high-tech manufacturing jobs in the new, more energy-efficient might not. But if you use it all week, it the U.S. In Silicon Valley alone, Philips em- incandescents. is going to cost you less than a nickel. ploys over 700 people and hired more than We’re not opposed, I’m not opposed And if you use it like the average con- 100 people at its LED facility in San Jose, to CFL lighting. I’m not opposed to the sumer, it is going to cost you a penny California in 2010. We need to encourage this new incandescents. But I am opposed to 2 cents a week to use. kind of work, not roll back standards that led to telling my constituents that they So do you save money? The CFL that to the shipping of bulb manufacturing over- have no choice at all, that they have to I bought last week for $6 or $5.99 is seas. go and fork over $1.50 or $2.50 or $6. Or guaranteed for 10 years and says it will The standard is good for the environment, in the case of the LEDs that Mr. WAX- save over $40, but you’ve got to use it too—it will save the amount of electricity gen- MAN just referred to, a minimum of $12, for 10 years. You know, I don’t think erated by more than 30 large power plants, and the average price of the new LED that’s a very good deal, with all due re- and prevent the emission of global warming lighting at Home Depot or Lowe’s is $40 spect to my friends on the other side. pollution equivalent to the amount released by a bulb. What we’re saying is let’s get the 14 million cars and light trucks each year. Crit- Now, I’m young enough to remember Federal Government out of something ics may argue that by promoting the use of when I was a renter and I would move that they shouldn’t have gotten into in compact fluorescent bulbs, the standard would into an apartment, and when I went the first place. Let’s go back and let increase exposure to mercury, but on this they into the apartment, there were no light the market operate. If these new CFLs are also wrong—the reduction in mercury bulbs. The people who left took the and these new incandescents are as emissions from coal power plants that would light bulbs with them. So I would have good as they claim to be, people are be achieved because less electricity is needed to go out and buy 20 or 30 or 40 light going to want to buy them. But if they for lighting is ten times greater than the mer- bulbs. Well, if light bulbs are 20 cents are not or if they can’t afford the up- cury that could escape from a compact fluo- apiece, or 25 or 30 or even 40 cents front cost, don’t force them to. Don’t rescent bulb in a landfill. apiece, that is an expense but it’s not take off the market the very thing that Repealing the lighting efficiency standard exorbitant. You go out and replace 40 provides price competition in the mar- would cost the typical consumer around $100 light bulbs at $6 a pop, you’re spending ket. Even the new incandescents cost per year in additional energy costs. In es- some money that, to our constituency, on average $1.50 to $2 a pop. And I sence, Republicans want to institute an energy to our voters, Mr. Speaker, that’s real haven’t seen a CFL—I’ve seen them for tax on consumers in order to cling to some money. $10 or $12, the average price is around antiquated vision of the past. Again, we’re not opposed to new $6 or $7—I haven’t seen them even in As a representative of Silicon Valley, I know technology. We’re not opposed to more the most energy-efficient package for that we must look to the future and do every- energy-efficient incandescents. But less than about $2.50 or $3 apiece. And, thing that we can to promote the development why take the low end of the market off again, if you’re buying a lot of light and domestic manufacture of new tech- the market? Why not give our con- bulbs at one time, that’s real money, nologies that will help us use less energy and stituents, i.e., our consumers, our vot- Mr. Speaker. grow our economy. That is why I support the ers, the choice? If you’re Al Gore and What we say is let’s repeal this part new lighting efficiency standards and vehe- you want to spend $10 a light bulb, of the bill. Let’s also say with regards mently oppose H.R. 2147, the BULB Act. more power to you. More power to you. to mercury that you cannot mandate The SPEAKER pro tempore. The But if you’re a young family that’s just mercury. That’s the section that Mr. question is on the motion offered by getting started, give us the option to WAXMAN was apparently referring to. the gentleman from Texas (Mr. BAR- go out and spend for a package of four We’re not banning fluorescents. We are TON) that the House suspend the rules or a package of six the equivalent of 25 simply saying you cannot require mer- and pass the bill, H.R. 2417. cents apiece, or 30 cents apiece, or as I cury to be used in the CFLs. The question was taken. purchased last week at a food store So I would urge an ‘‘aye’’ vote on the The SPEAKER pro tempore. In the here in Virginia, 37.5 cents apiece for pending legislation, Mr. Speaker. opinion of the Chair, two-thirds being four 60-watt light bulbs. Mr. HONDA. Mr. Speaker, I am appalled in the affirmative, the ayes have it. We’re saying let the market work. that the Republican majority in the House Mr. WAXMAN. Mr. Speaker, on that We’re saying let people make their own would even craft a bill such as the BULB Act, I demand the yeas and nays. choices. Why in the world does the Fed- much less actually bring it to the floor for a The yeas and nays were ordered. eral Government have to tell people vote. This bill is based on inaccurate and The SPEAKER pro tempore. Pursu- what kind of lights to use in their downright false claims like the one made by ant to clause 8 of rule XX and the home? That’s not anywhere in the con- the Wall Street Journal when it outrageously Chair’s prior announcement, further stitutional requirement of the Federal tried to say that by setting energy efficiency proceedings on this motion will be Government. standards for light bulbs, ‘‘Washington will ef- postponed. And this bill that was passed in 2007 fectively ban the sale of conventional incan- f had a lot of preemptions of State and descent light bulbs.’’ Nothing could be further local. It preempted State and local from the truth. RECESS building codes. It required historical The lighting efficiency standards enacted by The SPEAKER pro tempore. Pursu- buildings to meet certain standards by Congress in 2007 do not ban incandescent ant to clause 12(a) of rule I, the Chair the year 2050. It had so many bad light bulbs, they simply make those bulbs 25 declares the House in recess for a pe- things in it that this one, while offen- to 30 percent more efficient and help riod of less than 15 minutes until ap- sive, was kind of the least of the evils. incentivize the development of even more effi- proximately 6:30 p.m. But it is also, Mr. Speaker, what the cient lighting using alternative technologies, Accordingly (at 6 o’clock and 18 min- average voter, the average consumer such as compact fluorescent lighting or light utes p.m.), the House stood in recess understands. When I go to the grocery emitting diodes. until approximately 6:30 p.m.

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.110 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4831 b 1831 [Roll No. 534] Kelly Myrick Ryan (WI) King (IA) Noem Schilling AYES—162 King (NY) Nugent Schmidt AFTER RECESS Ackerman Fudge Neal Kingston Nunes Schock Alexander Garamendi Olver Kinzinger (IL) Nunnelee Schweikert The recess having expired, the House Amash Green, Al Pallone Kline Olson Scott (SC) was called to order by the Speaker pro Andrews Green, Gene Pascrell Labrador Owens Scott, Austin Lamborn Palazzo tempore (Mr. CRAVAACK) at 6 o’clock Baca Grijalva Paul Sensenbrenner Baldwin Hanabusa Payne Lance Pastor (AZ) Sessions and 31 minutes p.m. Barletta Harris Pelosi Lankford Paulsen Sewell Bass (CA) Hastings (FL) Peters Larson (CT) Pearce Shimkus f Becerra Herrera Beutler Pingree (ME) Latham Pence Shuster Berkley Higgins Poe (TX) LaTourette Perlmutter Simpson Berman Himes Price (NC) Latta Peterson Smith (NE) ENERGY AND WATER DEVELOP- Bishop (NY) Hinojosa Quigley Lewis (CA) Petri Smith (NJ) Lipinski Pitts Blumenauer Hirono Rahall Smith (TX) MENT AND RELATED AGENCIES Long Platts Boswell Hochul Rangel Smith (WA) APPROPRIATIONS ACT, 2012 Lucas Polis Boustany Holt Reyes Southerland Luetkemeyer Pompeo Brady (PA) Honda Richardson Stivers The SPEAKER pro tempore. Pursu- Lummis Posey Brady (TX) Hoyer Richmond Sullivan ant to House Resolution 337 and rule Lungren, Daniel Price (GA) Buchanan Israel Rooney Terry XVIII, the Chair declares the House in Butterfield Jackson (IL) Rothman (NJ) E. Quayle Mack Reed Thompson (MS) the Committee of the Whole House on Capps Jackson Lee Roybal-Allard Thompson (PA) Capuano (TX) Sa´ nchez, Linda Manzullo Rehberg the state of the Union for the further Marchant Reichert Thornberry Cardoza Johnson (GA) T. Tiberi consideration of the bill, H.R. 2354. Carney Johnson, E. B. Sarbanes Marino Renacci Tipton Carson (IN) Jones Scalise Matheson Ribble Turner Cassidy Kaptur Schakowsky McCarthy (CA) Rigell Upton b 1832 Castor (FL) Keating Schiff McCaul Rivera Visclosky Chu Kildee Schrader McCotter Roby Walberg IN THE COMMITTEE OF THE WHOLE Cicilline Kind Schwartz McHenry Roe (TN) Walsh (IL) Accordingly, the House resolved Clarke (MI) Kissell Scott (VA) McKeon Rogers (AL) Webster itself into the Committee of the Whole Clarke (NY) Kucinich Scott, David McKinley Rogers (KY) Clay Landry Serrano McMorris Rogers (MI) West House on the state of the Union for the Cleaver Langevin Sherman Rodgers Rohrabacher Westmoreland further consideration of the bill (H.R. Cohen Larsen (WA) Shuler McNerney Rokita Whitfield 2354) making appropriations for energy Connolly (VA) Lee (CA) Sires Meehan Ros-Lehtinen Wilson (SC) Mica Roskam Wittman and water development and related Conyers Levin Slaughter Costa Lewis (GA) Speier Miller (FL) Ross (AR) Wolf agencies for the fiscal year ending Sep- Costello LoBiondo Stark Miller (MI) Ross (FL) Womack tember 30, 2012, and for other purposes, Courtney Lofgren, Zoe Stearns Miller (NC) Royce Woodall Miller, Gary Runyan Yoder with Mr. LANKFORD (Acting Chair) in Crowley Lowey Sutton Davis (CA) Luja´ n Thompson (CA) Mulvaney Ruppersberger Young (AK) the chair. DeFazio Lynch Tierney Murphy (PA) Ryan (OH) Young (IN) The Clerk read the title of the bill. DeGette Maloney Tonko NOT VOTING—23 The Acting CHAIR. When the Com- DeLauro Markey Tsongas Dicks Matsui Van Hollen Bachmann Hinchey Rush mittee of the Whole rose earlier today, Doggett McClintock Vela´ zquez Bartlett Holden Sanchez, Loretta the bill had been read through page 23, Duncan (TN) McCollum Walz (MN) Braley (IA) Johnson (IL) Stutzman line 10. Edwards McDermott Wasserman Brown (FL) Loebsack Towns Ellison McGovern Schultz Davis (IL) McCarthy (NY) Walden Pursuant to clause 6 of rule XVIII, Engel McIntyre Watt Deutch Miller, George Waters proceedings will now resume on those Eshoo Meeks Waxman Giffords Moore Young (FL) amendments on which further pro- Farr Michaud Welch Gutierrez Neugebauer ceedings were postponed, in the fol- Fattah Moran Wilson (FL) 1857 Filner Murphy (CT) Woolsey b lowing order: Fortenberry Nadler Wu Messrs. RUPPERSBERGER and An amendment by Mr. TIERNEY of Frank (MA) Napolitano Yarmuth ROYCE changed their vote from ‘‘aye’’ Massachusetts. NOES—246 to ‘‘no.’’ An amendment by Mr. GRAVES of Messrs. BRADY of Texas, BISHOP of Adams Coble Garrett Missouri. Aderholt Coffman (CO) Gerlach New York, SCALISE, POE of Texas, An amendment by Mr. SCALISE of Akin Cole Gibbs CARSON of Indiana, CLARKE of Michi- Louisiana. Altmire Conaway Gibson gan, Ms. HOCHUL, Ms. WILSON of Austria Cooper Gingrey (GA) Florida, and Messrs. STEARNS and An amendment by Mr. WOODALL of Bachus Cravaack Gohmert Georgia. Barrow Crawford Gonzalez AMASH changed their vote from ‘‘no’’ An amendment by Mr. MCCLINTOCK of Barton (TX) Crenshaw Goodlatte to ‘‘aye.’’ California. Bass (NH) Critz Gosar So the amendment was rejected. Benishek Cuellar Gowdy The result of the vote was announced The Chair will reduce to 2 minutes Berg Culberson Granger as above recorded. the time for any electronic vote after Biggert Cummings Graves (GA) the first vote in this series. Bilbray Davis (KY) Graves (MO) AMENDMENT OFFERED BY MR. GRAVES OF Bilirakis Denham Griffin (AR) MISSOURI AMENDMENT OFFERED BY MR. TIERNEY Bishop (GA) Dent Griffith (VA) The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Bishop (UT) DesJarlais Grimm Black Diaz-Balart Guinta business is the demand for a recorded business is the demand for a recorded Blackburn Dingell Guthrie vote on the amendment offered by the vote on the amendment offered by the Bonner Dold Hall gentleman from Missouri (Mr. GRAVES) gentleman from Massachusetts (Mr. Bono Mack Donnelly (IN) Hanna on which further proceedings were Boren Doyle Harper TIERNEY) on which further proceedings Brooks Dreier Hartzler postponed and on which the noes pre- were postponed and on which the noes Broun (GA) Duffy Hastings (WA) vailed by voice vote. prevailed by voice vote. Bucshon Duncan (SC) Hayworth The Clerk will redesignate the The Clerk will redesignate the Buerkle Ellmers Heck amendment. Burgess Emerson Heinrich The Clerk redesignated the amend- amendment. Burton (IN) Farenthold Hensarling The Clerk redesignated the amend- Calvert Fincher Herger ment. ment. Camp Fitzpatrick Huelskamp RECORDED VOTE Campbell Flake Huizenga (MI) The Acting CHAIR. A recorded vote RECORDED VOTE Canseco Fleischmann Hultgren has been demanded. The Acting CHAIR. A recorded vote Cantor Fleming Hunter Capito Flores Hurt A recorded vote was ordered. has been demanded. Carnahan Forbes Inslee The Acting CHAIR. This is a 2- A recorded vote was ordered. Carter Foxx Issa minute vote. The vote was taken by electronic de- Chabot Franks (AZ) Jenkins The vote was taken by electronic de- Chaffetz Frelinghuysen Johnson (OH) vice, and there were—ayes 162, noes 246, Chandler Gallegly Johnson, Sam vice, and there were—ayes 216, noes 190, not voting 23, as follows: Clyburn Gardner Jordan not voting 25, as follows:

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.112 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4832 CONGRESSIONAL RECORD — HOUSE July 11, 2011 [Roll No. 535] Fitzpatrick Lofgren, Zoe Rothman (NJ) [Roll No. 536] Foxx Long Roybal-Allard AYES—216 Frank (MA) Lowey Ruppersberger AYES—241 Adams Graves (MO) Palazzo Frelinghuysen Luja´ n Ryan (OH) Adams Graves (GA) Nunnelee Akin Griffin (AR) Paul Fudge Lynch Sa´ nchez, Linda Akin Graves (MO) Olson Alexander Griffith (VA) Paulsen Garamendi Maloney T. Alexander Green, Al Owens Altmire Grimm Pearce Gerlach Marchant Sarbanes Altmire Green, Gene Palazzo Amash Guthrie Pence Gonzalez Markey Schakowsky Amash Griffin (AR) Pallone Gosar Matsui Andrews Hall Petri Schiff Andrews Griffith (VA) Pastor (AZ) Granger McCollum Austria Hanna Pitts Schrader Austria Grimm Paul Green, Al McDermott Barletta Harper Platts Schwartz Barletta Guinta Paulsen Green, Gene McGovern Barton (TX) Harris Poe (TX) Barton (TX) Guthrie Payne Grijalva McIntyre Scott (VA) Benishek Hartzler Pompeo Bass (CA) Hanabusa Pearce Hanabusa McNerney Scott, David Berg Hastings (WA) Posey Benishek Hanna Hastings (FL) Meehan Serrano Pence Biggert Hayworth Price (GA) Bilirakis Harper Heinrich Meeks Sewell Perlmutter Bilbray Heck Quayle Bishop (NY) Harris Higgins Michaud Sherman Peterson Bishop (UT) Hensarling Reed Bishop (UT) Hartzler Himes Miller (NC) Shuler Petri Black Herger Rehberg Black Hastings (WA) Hinojosa Moore Simpson Pingree (ME) Bonner Herrera Beutler Renacci Blackburn Hensarling Hirono Moran Sires Pitts Bono Mack Huelskamp Ribble Bono Mack Herrera Beutler Hochul Murphy (CT) Slaughter Platts Boren Huizenga (MI) Richmond Boren Higgins Holt Nadler Smith (WA) Poe (TX) Boustany Hultgren Rigell Boswell Himes Honda Napolitano Pompeo Brady (TX) Hunter Rivera Speier Boustany Hinojosa Hoyer Neal Posey Brooks Hurt Roe (TN) Stark Brady (TX) Hochul Inslee Olver Price (GA) Broun (GA) Issa Rogers (AL) Sutton Broun (GA) Huizenga (MI) Bucshon Jenkins Israel Owens Thompson (CA) Buchanan Hultgren Quigley Rogers (KY) Rahall Buerkle Johnson (OH) Jackson (IL) Pallone Thompson (MS) Bucshon Hurt Rogers (MI) Reed Burgess Johnson, Sam Jackson Lee Pastor (AZ) Tierney Buerkle Israel Rohrabacher (TX) Payne Ribble Burton (IN) Jones Tonko Burgess Issa Rokita Johnson (GA) Pelosi Richardson Calvert Jordan Tsongas Burton (IN) Jackson Lee Ros-Lehtinen Johnson, E. B. Perlmutter Richmond Camp Kaptur Turner Calvert (TX) Roskam Keating Peters Rigell Campbell Kelly Van Hollen Camp Jenkins Ross (AR) Kildee Peterson Rivera Canseco King (IA) Ross (FL) Vela´ zquez Campbell Johnson (OH) Cantor King (NY) Kind Pingree (ME) Cantor Johnson, E. B. Roe (TN) Royce Visclosky Capito Kinzinger (IL) Kingston Polis Capito Johnson, Sam Rogers (MI) Runyan Walz (MN) Cassidy Kissell Kucinich Price (NC) Carney Jones Rohrabacher Ryan (WI) Wasserman Chabot Kline Lance Quigley Carter Jordan Rokita Scalise Schultz Chaffetz Labrador Langevin Rahall Cassidy Kelly Rooney Schilling Watt Clarke (NY) Lamborn Larsen (WA) Rangel Castor (FL) King (IA) Ros-Lehtinen Schmidt Waxman Clay Landry Larson (CT) Reichert Chabot King (NY) Ross (AR) Schock Welch Cleaver Lankford Lee (CA) Reyes Clarke (MI) Kinzinger (IL) Ross (FL) Schweikert Wilson (FL) Coble Latham Levin Richardson Cleaver Kissell Royce Scott (SC) Coffman (CO) LaTourette Lewis (GA) Roby Woolsey Clyburn Kline Runyan Scott, Austin Cravaack Latta Lipinski Rooney Yarmuth Coble Labrador Scalise Sensenbrenner Crawford Lewis (CA) NOT VOTING—25 Coffman (CO) Lamborn Schilling Culberson LoBiondo Sessions Cohen Lance Shimkus Schmidt Davis (KY) Lucas Bachmann Gutierrez Rush Cooper Landry Schock Denham Luetkemeyer Shuster Bachus Hinchey Sanchez, Loretta Costello Lankford Smith (NE) Schrader DesJarlais Lummis Bartlett Holden Stutzman Courtney Larson (CT) Schweikert Smith (NJ) Braley (IA) Johnson (IL) Diaz-Balart Lungren, Daniel Towns Cravaack Latta Scott (SC) Smith (TX) Brown (FL) Loebsack Dold E. Walden Crawford Lewis (CA) Scott, Austin Southerland Davis (IL) McCarthy (NY) Dreier Mack Waters Cuellar LoBiondo Sessions Stearns Deutch Miller, George Duffy Manzullo Young (FL) Culberson Lowey Sewell Stivers Giffords Neugebauer Duncan (SC) Marino Davis (KY) Lucas Shimkus Duncan (TN) Matheson Sullivan Guinta Pascrell DeFazio Luetkemeyer Shuler Ellmers McCarthy (CA) Terry Denham Lungren, Daniel Shuster Emerson McCaul Thompson (PA) ANNOUNCEMENT BY THE ACTING CHAIR Dent E. Smith (NE) Farenthold McClintock Thornberry The Acting CHAIR (during the vote). DesJarlais Mack Smith (NJ) Fincher McCotter Tiberi Donnelly (IN) Marchant There is 1 minute remaining in this Smith (TX) Flake McHenry Tipton Doyle Marino Fleischmann McKeon Upton vote. Duffy Matheson Southerland Stearns Fleming McKinley Walberg b 1901 Duncan (SC) McCarthy (CA) Flores McMorris Walsh (IL) Duncan (TN) McCaul Stivers Forbes Rodgers Webster So the amendment was agreed to. Ellmers McClintock Sullivan Sutton Fortenberry Mica West The result of the vote was announced Emerson McCotter Franks (AZ) Miller (FL) Westmoreland Farenthold McGovern Terry Gallegly Miller (MI) Whitfield as above recorded. Fincher McHenry Thompson (CA) Gardner Miller, Gary Wilson (SC) Stated for: Fitzpatrick McIntyre Thornberry Garrett Mulvaney Wittman Mrs. ELLMERS. Mr. Chair, on rollcall No. Flake McKeon Tiberi Gibbs Murphy (PA) Wolf Fleischmann McKinley Upton Gibson Myrick Womack 535, I inadvertently voted ‘‘no’’ when I in- Fleming McMorris Vela´ zquez Gingrey (GA) Noem Woodall tended to vote ‘‘yes.’’ Flores Rodgers Walberg Walsh (IL) Gohmert Nugent Wu AMENDMENT OFFERED BY MR. SCALISE Forbes Meehan Goodlatte Nunes Yoder Fortenberry Mica Walz (MN) Gowdy Nunnelee Young (AK) The Acting CHAIR. The unfinished Franks (AZ) Michaud Webster Graves (GA) Olson Young (IN) business is the demand for a recorded Gallegly Miller (FL) West vote on the amendment offered by the Gardner Miller (MI) Westmoreland NOES—190 Garrett Miller, Gary Wilson (FL) gentleman from Louisiana (Mr. SCA- Wilson (SC) Ackerman Cardoza Critz Gerlach Mulvaney LISE) on which further proceedings Wittman Aderholt Carnahan Crowley Gibbs Murphy (CT) Womack Baca Carney Cuellar were postponed and on which the noes Gibson Murphy (PA) Woodall Baldwin Carson (IN) Cummings prevailed by voice vote. Gingrey (GA) Myrick Wu Barrow Carter Davis (CA) Gohmert Nadler The Clerk will redesignate the Young (AK) Bass (CA) Castor (FL) DeFazio Goodlatte Nugent Bass (NH) Chandler DeGette amendment. Gowdy Nunes Young (IN) Becerra Chu DeLauro The Clerk redesignated the amend- NOES—168 Berkley Cicilline Dent ment. Berman Clarke (MI) Dicks Ackerman Bilbray Carson (IN) Bilirakis Clyburn Dingell RECORDED VOTE Aderholt Bishop (GA) Chaffetz Bishop (GA) Cohen Doggett The Acting CHAIR. A recorded vote Baca Blumenauer Chandler Bishop (NY) Cole Donnelly (IN) has been demanded. Bachus Bonner Chu Blackburn Conaway Doyle Baldwin Brady (PA) Cicilline Blumenauer Connolly (VA) Edwards A recorded vote was ordered. Barrow Brooks Clarke (NY) Boswell Conyers Ellison The Acting CHAIR. This is a 2- Bass (NH) Butterfield Clay Brady (PA) Cooper Engel minute vote. Becerra Canseco Cole Buchanan Costa Eshoo The vote was taken by electronic de- Berg Capps Conaway Butterfield Costello Farr Berkley Capuano Connolly (VA) Capps Courtney Fattah vice, and there were—ayes 241, noes 168, Berman Cardoza Conyers Capuano Crenshaw Filner not voting 22, as follows: Biggert Carnahan Costa

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.030 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4833 Crenshaw Keating Rogers (AL) [Roll No. 537] Engel Lipinski Ross (AR) Critz Kildee Rogers (KY) Eshoo Lofgren, Zoe Rothman (NJ) Crowley Kind Roskam AYES—218 Farr Lowey Roybal-Allard Cummings Kingston Rothman (NJ) Adams Gowdy Nunes Fattah Luja´ n Ruppersberger Davis (CA) Kucinich Roybal-Allard Aderholt Granger Nunnelee Filner Lynch Ryan (OH) DeGette Langevin Ruppersberger Akin Graves (GA) Olson Frank (MA) Maloney Sa´ nchez, Linda DeLauro Larsen (WA) Ryan (OH) Alexander Graves (MO) Palazzo Frelinghuysen Markey T. Diaz-Balart Latham Ryan (WI) Altmire Griffin (AR) Paul Fudge Matheson Sarbanes Dicks LaTourette Garamendi Matsui Sa´ nchez, Linda Amash Griffith (VA) Paulsen Schakowsky Dingell Lee (CA) Gonzalez McCollum T. Austria Grimm Pearce Schiff Doggett Levin Green, Al McDermott Sarbanes Bachus Guinta Pence Schrader Dold Lewis (GA) Green, Gene McGovern Schakowsky Barton (TX) Guthrie Petri Schwartz Dreier Lipinski Grijalva McIntyre Schiff Benishek Hall Pitts Scott (VA) Edwards Lofgren, Zoe Hanabusa McNerney Schwartz Berg Harper Platts Scott, David Ellison Long Scott (VA) Bilirakis Harris Hanna Meeks Serrano ´ Poe (TX) Engel Lujan Scott, David Bishop (UT) Hartzler Hastings (FL) Michaud Sewell Eshoo Lummis Pompeo Heinrich Miller (NC) Sensenbrenner Black Hastings (WA) Sherman Farr Lynch Posey Higgins Moore Serrano Blackburn Hayworth Price (GA) Shuler Fattah Maloney Bono Mack Heck Himes Moran Sherman Quayle Simpson Filner Manzullo Boustany Hensarling Hinojosa Murphy (CT) Simpson Reed Sires Foxx Markey Brooks Herger Hirono Nadler Sires Rehberg Slaughter Frank (MA) Matsui Broun (GA) Herrera Beutler Hochul Napolitano Slaughter Renacci Smith (WA) Frelinghuysen McCollum Buchanan Huelskamp Holt Neal Fudge McDermott Smith (WA) Ribble Honda Olver Speier Speier Bucshon Huizenga (MI) Stark Garamendi McNerney Buerkle Hultgren Rigell Hoyer Owens Gonzalez Meeks Stark Rivera Inslee Pallone Sutton Thompson (MS) Burgess Hunter Thompson (CA) Gosar Miller (NC) Burton (IN) Hurt Roe (TN) Israel Pascrell Thompson (PA) Thompson (MS) Granger Moore Calvert Issa Rogers (AL) Jackson (IL) Pastor (AZ) Tierney Tierney Grijalva Moran Camp Jenkins Rogers (MI) Jackson Lee Payne Tipton Tonko Hall Napolitano Campbell Johnson (OH) Rohrabacher (TX) Pelosi Tonko Tsongas Hastings (FL) Neal Canseco Johnson, Sam Rokita Johnson (GA) Perlmutter Tsongas Van Hollen Hayworth Noem Cantor Jones Rooney Johnson, E. B. Peters Turner Vela´ zquez Heck Olver Capito Jordan Ros-Lehtinen Kaptur Peterson Van Hollen Heinrich Pascrell Carter Kelly Roskam Keating Pingree (ME) Visclosky Herger Pelosi Visclosky Chabot King (IA) Ross (FL) Kildee Polis Walz (MN) Hirono Peters Wasserman Chaffetz King (NY) Royce Kind Price (NC) Wasserman Holt Polis Schultz Coble Kingston Runyan Kissell Quigley Schultz Honda Price (NC) Watt Coffman (CO) Kinzinger (IL) Ryan (WI) Kucinich Rahall Watt Hoyer Quayle Waxman Cohen Kline Scalise Lance Rangel Waxman Huelskamp Rangel Welch Cole Labrador Schilling Langevin Reichert Welch Hunter Rehberg Whitfield Conaway Lamborn Schmidt Larsen (WA) Reyes Wilson (FL) Inslee Reichert Wolf Cravaack Landry Schock Larson (CT) Richardson Wolf Jackson (IL) Renacci Woolsey Crawford Lankford Schweikert Lee (CA) Richmond Woolsey Johnson (GA) Reyes Yarmuth Crenshaw Latham Scott (SC) Levin Roby Wu Kaptur Roby Yoder Lewis (GA) Rogers (KY) Yarmuth Culberson LaTourette Scott, Austin Davis (KY) Latta Sensenbrenner NOT VOTING—22 NOT VOTING—22 Denham Lewis (CA) Sessions Bachmann Hinchey Sanchez, Loretta Bachmann Hinchey Sanchez, Loretta Dent LoBiondo Shimkus Bartlett Holden Stutzman Bartlett Holden Stutzman DesJarlais Long Shuster Braley (IA) Johnson (IL) Braley (IA) Johnson (IL) Towns Diaz-Balart Lucas Smith (NE) Towns Brown (FL) Loebsack Brown (FL) Loebsack Walden Dreier Luetkemeyer Smith (NJ) Walden Davis (IL) McCarthy (NY) Davis (IL) McCarthy (NY) Waters Duffy Lummis Smith (TX) Waters Deutch Miller, George Duncan (SC) Lungren, Daniel Deutch Miller, George Young (FL) Young (FL) Southerland Giffords Neugebauer Giffords Neugebauer Duncan (TN) E. Stearns Ellmers Mack Gutierrez Rush Gutierrez Rush Stivers Emerson Manzullo Sullivan ANNOUNCEMENT BY THE ACTING CHAIR Farenthold Marchant ANNOUNCEMENT BY THE ACTING CHAIR Terry Fincher Marino The Acting CHAIR (during the vote). Thompson (PA) The Acting CHAIR (during the vote). Fitzpatrick McCarthy (CA) There is 1 minute remaining in this Thornberry Flake McCaul There is 1 minute remaining in this Tiberi vote. vote. Fleischmann McClintock Fleming McCotter Tipton b 1908 Flores McHenry Turner Upton So the amendment was agreed to. b 1905 Forbes McKeon Fortenberry McKinley Walberg The result of the vote was announced Walsh (IL) So the amendment was agreed to. Foxx McMorris as above recorded. Franks (AZ) Rodgers Webster PERSONAL EXPLANATION The result of the vote was announced Gallegly Meehan West as above recorded. Gardner Mica Westmoreland Mr. LOEBSACK. Mr. Chair, on July 11, Garrett Miller (FL) Whitfield 2011, I was not present for recorded votes be- AMENDMENT OFFERED BY MR. WOODALL Gerlach Miller (MI) Wilson (SC) cause my flight from Iowa to Washington, DC Gibbs Miller, Gary Wittman The Acting CHAIR. The unfinished Gibson Mulvaney Womack was significantly delayed. I had returned to business is the demand for a recorded Gingrey (GA) Murphy (PA) Woodall Iowa to meet with constituents and regret that vote on the amendment offered by the Gohmert Myrick Yoder I was not present to cast my vote on rollcall Goodlatte Noem Young (AK) gentleman from Georgia (Mr. Gosar Nugent Young (IN) numbers 534, 535, 536, and 537. WOODALL) on which further proceedings AMENDMENT OFFERED BY MR. MCCLINTOCK were postponed and on which the noes NOES—191 The Acting CHAIR. The unfinished prevailed by voice vote. Ackerman Brady (TX) Cooper business is the demand for a recorded Andrews Butterfield Costa vote on the amendment offered by the The Clerk will redesignate the Baca Capps Costello amendment. Baldwin Capuano Courtney gentleman from California (Mr. The Clerk redesignated the amend- Barletta Cardoza Critz MCCLINTOCK) on which further pro- Barrow Carnahan Crowley ment. ceedings were postponed and on which Bass (CA) Carney Cuellar the noes prevailed by voice vote. Bass (NH) Carson (IN) Cummings RECORDED VOTE Becerra Cassidy Davis (CA) The Clerk will redesignate the The Acting CHAIR. A recorded vote Berkley Castor (FL) DeFazio amendment. has been demanded. Berman Chandler DeGette The Clerk redesignated the amend- Biggert Chu DeLauro ment. A recorded vote was ordered. Bilbray Cicilline Dicks RECORDED VOTE The Acting CHAIR. This will be a 2- Bishop (GA) Clarke (MI) Dingell Bishop (NY) Clarke (NY) Doggett The Acting CHAIR. A recorded vote minute vote. Blumenauer Clay Dold has been demanded. The vote was taken by electronic de- Bonner Cleaver Donnelly (IN) A recorded vote was ordered. Boren Clyburn Doyle vice, and there were—ayes 218, noes 191, Boswell Connolly (VA) Edwards The Acting CHAIR. This is a 2- not voting 22, as follows: Brady (PA) Conyers Ellison minute vote.

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.035 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4834 CONGRESSIONAL RECORD — HOUSE July 11, 2011 The vote was taken by electronic de- Lipinski Pascrell Scott, David cut wasteful government programs. Loebsack Pastor (AZ) Serrano vice, and there were—ayes 96, noes 313, Lofgren, Zoe Payne Sewell This amendment does just that. not voting 22, as follows: Lowey Pearce Sherman The Weatherization Assistance Pro- [Roll No. 538] Lucas Pelosi Shimkus gram, otherwise known as ‘‘Cash for Luetkemeyer Pence Shuler Caulkers,’’ and part of the failed stim- AYES—96 Luja´ n Perlmutter Shuster ulus package, has been plagued by bu- Adams Hartzler Pitts Lummis Peters Simpson Akin Hensarling Pompeo Lungren, Daniel Peterson Sires reaucratic mismanagement. This $5 Amash Herger Posey E. Pingree (ME) Slaughter billion program was supposed to create Berg Huelskamp Price (GA) Lynch Platts Smith (NE) Maloney Poe (TX) Smith (NJ) jobs, but we all know that didn’t work Bishop (UT) Huizenga (MI) Quayle out so well. In fact, with unemploy- Blackburn Hunter Ribble Marino Polis Smith (TX) Brady (TX) Jenkins Rigell Markey Price (NC) Smith (WA) ment ticking up for 2 months in a row, Broun (GA) Johnson, Sam Rohrabacher Matheson Quigley Speier we must reverse course and cut all Bucshon Jones Rokita Matsui Rahall Stark McCarthy (CA) Rangel Stivers unspent stimulus dollars. Burgess Jordan Rooney In the stimulus, $5 billion was in- Burton (IN) Kingston Ross (FL) McCollum Reed Sullivan Campbell Kline Royce McCotter Rehberg Sutton jected into ‘‘Cash for Caulkers’’ Canseco Labrador Ryan (WI) McDermott Reichert Thompson (CA) through the Department of Energy in McGovern Renacci Thompson (MS) Carter Landry Scalise an attempt to help lower the cost of Chabot Lankford Schmidt McIntyre Reyes Thompson (PA) Chaffetz Latta Schweikert McKeon Richardson Tiberi energy and increase efficiency for peo- Conaway LoBiondo Scott (SC) McKinley Richmond Tierney ple who qualified. The goal was to Duncan (SC) Long Scott, Austin McMorris Rivera Tipton Rodgers Roby Tonko make 593,000 homes more energy effi- Duncan (TN) Mack Sensenbrenner cient by March 2012. Ellmers Manzullo Sessions McNerney Roe (TN) Tsongas Farenthold Marchant Southerland Meehan Rogers (AL) Turner This program, however, has been Flake McCaul Stearns Meeks Rogers (KY) Upton marked by mismanagement, fraud, Fleming McClintock Terry Mica Rogers (MI) Van Hollen ´ waste, and abuse. Most notably is the Flores McHenry Thornberry Michaud Ros-Lehtinen Velazquez Foxx Miller (FL) Walberg Miller (MI) Roskam Visclosky case of Delaware, where Federal audi- Franks (AZ) Miller, Gary Walsh (IL) Miller (NC) Ross (AR) Walz (MN) tors found mismanagement issues and Garrett Mulvaney West Moore Rothman (NJ) Wasserman Moran Roybal-Allard Schultz potential fraudulent activities. Report- Gingrey (GA) Nugent Westmoreland edly, subsequent repairs and other in- Gohmert Nunes Wilson (SC) Murphy (CT) Runyan Watt Gowdy Paul Woodall Murphy (PA) Ruppersberger Waxman spections will cost the State a sizable Graves (GA) Paulsen Yoder Myrick Ryan (OH) Webster ´ amount of their remaining funds. Harris Petri Young (IN) Nadler Sanchez, Linda Welch Napolitano T. Whitfield Issues have arisen in other States as NOES—313 Neal Sarbanes Wilson (FL) well. Noem Schakowsky Wittman When large sums of money are spent Ackerman Cole Graves (MO) Nunnelee Schiff Wolf Aderholt Connolly (VA) Green, Al Olson Schilling Womack too quickly, the opportunities for Alexander Conyers Green, Gene Olver Schock Woolsey waste and abuse are rampant. The Altmire Cooper Griffin (AR) Owens Schrader Wu Obama administration, in its haste to Andrews Costa Griffith (VA) Palazzo Schwartz Yarmuth create government jobs, failed to Austria Costello Grijalva Pallone Scott (VA) Young (AK) Baca Courtney Grimm thoughtfully and prudently assess how Bachus Cravaack Guinta NOT VOTING—22 money was spent. In these tough fiscal Baldwin Crawford Guthrie Bachmann Hinchey Sanchez, Loretta Barletta Crenshaw Hall times, we must have accountability for Bartlett Holden Stutzman Barrow Critz Hanabusa every dollar spent by the Federal Gov- Braley (IA) Johnson (IL) Towns Barton (TX) Crowley Hanna Brown (FL) Lamborn Walden ernment. Bass (CA) Cuellar Harper Davis (IL) McCarthy (NY) Bass (NH) Culberson Hastings (FL) Waters b 1920 Deutch Miller, George Young (FL) Becerra Cummings Hastings (WA) Giffords Neugebauer States have until March of 2012 to Benishek Davis (CA) Hayworth Gutierrez Rush Berkley Davis (KY) Heck use Cash for Clunkers funds or risk Berman DeFazio Heinrich b 1912 having them returned to the Treasury. Biggert DeGette Herrera Beutler I am concerned that this could leave a Bilbray DeLauro Higgins So the amendment was rejected. Bilirakis Denham Himes The result of the vote was announced large slush fund of $1.5 billion in the Bishop (GA) Dent Hinojosa as above recorded. hands of federal bureaucrats. They Bishop (NY) DesJarlais Hirono could spend that money with very lit- Black Diaz-Balart Hochul f Blumenauer Dicks Holt tle Congressional oversight. Bonner Dingell Honda PERSONAL EXPLANATION My amendment is simple. It will pre- Bono Mack Doggett Hoyer vent the Secretary of Energy from re- Boren Dold Hultgren Mr. GUTIERREZ. Mr. Chair, I was unavoid- allocating funds remaining from the Boswell Donnelly (IN) Hurt ably absent for votes in the House Chamber Boustany Doyle Inslee American Recovery and Reinvestment Brady (PA) Dreier Israel today. I would like the RECORD to show that, Act from one State to another. This Brooks Duffy Issa had I been present, I would have voted ‘‘yea’’ will leave up to $1.5 billion that can be Buchanan Edwards Jackson (IL) on rollcall vote 534 and ‘‘no’’ on rollcall votes returned to the Treasury next March, Buerkle Ellison Jackson Lee 535, 536, 537, and 538. Butterfield Emerson (TX) thus reducing our massive deficit. Calvert Engel Johnson (GA) AMENDMENT NO. 5 OFFERED BY MR. LAMBORN I urge support for this amendment. Camp Eshoo Johnson (OH) Mr. LAMBORN. Mr. Chairman, I have Mr. Chairman, I yield back the bal- Cantor Farr Johnson, E. B. Capito Fattah Kaptur an amendment at the desk. ance of my time. Capps Filner Keating The Acting CHAIR. The Clerk will Mr. MCCLINTOCK. I move to strike Capuano Fincher Kelly designate the amendment. the last word. Cardoza Fitzpatrick Kildee The text of the amendment is as fol- Carnahan Fleischmann Kind The Acting CHAIR. The gentleman Carney Forbes King (IA) lows: from California is recognized for 5 min- Carson (IN) Fortenberry King (NY) Page 23, line 4, strike ‘‘expended:’’ and all utes. Cassidy Frank (MA) Kinzinger (IL) that follows through ‘‘6864(a)).’’, and insert Mr. MCCLINTOCK. Mr. Chairman, Castor (FL) Frelinghuysen Kissell ‘‘expended.’’ Chandler Fudge Kucinich this amendment strikes language in Chu Gallegly Lance The Acting CHAIR. The gentleman the bill that allows the Secretary of Cicilline Garamendi Langevin from Colorado is recognized for 5 min- Energy to redirect unspent stimulus Clarke (MI) Gardner Larsen (WA) Clarke (NY) Gerlach Larson (CT) utes. funds from one State to another. What Clay Gibbs Latham Mr. LAMBORN. Mr. Chairman, my they’re really saying is this: $1.5 billion Cleaver Gibson LaTourette constituents in Colorado, like all is going to be taken from the States Clyburn Gonzalez Lee (CA) Americans, are demanding that Con- that decided not to use the money and Coble Goodlatte Levin Coffman (CO) Gosar Lewis (CA) gress cut spending. We must look for give it to States that not only have Cohen Granger Lewis (GA) every opportunity, large and small, to spent their allocations but want to

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.120 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4835 spend even more. If Aesop were writing this program under a tight federal and Water Appropriations Act is an as- this tale, I think it would include an budget and with direct oversight of our sault on any rational, scientific basis ant and a grasshopper. committee. The amendment that is for public policy. It would decimate The principle stinks, and so does the suggested by the gentleman from Colo- American manufacturing, impoverish program. These funds are ostensibly to rado would undo the solution by strik- American consumers, and allow pol- finance weatherization and building de- ing language providing this flexibility, luters to sully our water with impu- sign programs to increase energy effi- causing job losses and program stop- nity. At a time when the American ciency. But the potential savings—if pages in many States where, in fact, in economy is stuck in neutral, while anywhere near as great as the adminis- those States, these funds are obligated. China and Germany are accelerating tration claims—should be more than So, therefore, I oppose the amend- their production of clean energy and enough motivation for individuals to ment and urge other Members to do so advanced vehicles, this bill would take pursue this activity on their own with- as well. America back to the 19th century out a government giveaway. After all, I yield back the balance of my time. standards of unbridled industrial pre- why should taxpayers pay to develop Mr. VISCLOSKY. Mr. Chairman, I dation without public oversight or reg- and subsidize building materials and move to strike the last word and rise in ulation. technologies to be sold in the private opposition to the amendment as well. sector to private consumers? The Acting CHAIR. The gentleman Mr. PETERS of Michigan and I drafted In all matters of energy and energy from Indiana is recognized for 5 min- a simple amendment to fix one, among conservation, we’ve got to get back to utes. many, problems in this bill. Mr. the simple doctrine that the bene- Mr. VISCLOSKY. I would point out PETERS has been a leader of efforts to ficiary should pay. If a product saves to my colleagues that while the pend- restore our auto industry, and I appre- consumers money—in this case ing legislation is $141 million below fis- ciate his cosponsorship of this amend- through energy savings—that’s a ben- cal year 2011 levels, the fact is we do ment. It would simply restore some of efit, and it is incorporated into the have approximately $1.5 billion that es- the funding cut from the Vehicle Tech- price structure of that product. This el- sentially has been forwarded to the nologies program with a funding offset egant and simple process allows con- States. And the chairman just men- providing by eliminating an increase in sumers to decide for themselves if the tioned the issue of jobs. Those moneys corporate welfare for the fossil fuel in- added energy savings are worth the are available as they are allocated and dustry. This amendment would main- added financial cost. If the answer is distributed for weatherization pro- tain the same level of funding as was yes, the world will beat a path to the grams to put people to work. We have provided in this fiscal year’s Energy door of those who manufacture and sell had complaints in this Chamber over and Water appropriations bill. those products. And if the answer is no, the last week about the last unemploy- The Vehicle Technologies program is taxpayers shouldn’t be subsidizing it. ment report. a critical part of our efforts to revive I yield back the balance of my time. These moneys have already been American manufacturing and the auto- Mr. FRELINGHUYSEN. Mr. Chair- budgeted. These moneys have been ob- mobile industry. It is a job generator. man, I move to strike the last word. The Acting CHAIR. The gentleman ligated to the States, and these moneys Five years ago, our auto industry was from New Jersey is recognized for 5 can put people to work doing useful on its deathbed, with two major manu- minutes. things such as helping those who need facturers facing bankruptcy. Fortu- Mr. FRELINGHUYSEN. I rise to op- to weatherize their house and reduce nately, President Obama intervened pose the amendment. their utility bills so they can have and provided temporary assistance The weatherization program was pro- enough money to buy gasoline and put both to General Motors and Chrysler, vided $5 billion by the stimulus bill in it in their cars, as well as to begin to most of which has already been repaid. 2009. But the program has been slow to reduce the use of energy in this coun- Today, these domestic manufacturers act, and approximately $1.4 billion will try. These are very necessary moneys are growing again, with positive do- be unspent and available for use in fis- to create jobs, to help those in need, mestic economic benefits for auto deal- cal year 2012. and to reduce our energy dependence. I ers and parts suppliers all across Amer- Some States have spent all of their strongly oppose the gentleman’s ica. Unfortunately, this Energy and stimulus money, while others will have amendment. Water appropriations bill would reverse plenty left for fiscal year 2012. But the I yield back the balance of my time. this progress by gutting important ve- Department of Energy, by law, must The Acting CHAIR. The question is hicle research funding. on the amendment offered by the gen- spread any new funding evenly across The Vehicle Technologies program is tleman from Colorado (Mr. LAMBORN). all States. a success story in boosting domestic The bill cuts this program by $141 The question was taken; and the Act- manufacturing of cleaner cars that million below the President’s request. ing Chair announced that the noes ap- save consumers money at the pump. It The language in the underlying bill peared to have it. is reducing the cost of advanced lith- gives the Secretary of Energy the flexi- Mr. LAMBORN. Mr. Chairman, I de- ium ion batteries, which are in all hy- bility to use limited appropriations mand a recorded vote. brid vehicles on the road in America. provided in fiscal year 2012 to supple- The Acting CHAIR. Pursuant to This program has helped deploy 48 bat- ment States that have no stimulus clause 6 of rule XVIII, further pro- tery manufacturing projects all across funding. The bill does not allow—I ceedings on the amendment offered by the United States with the goal of re- would like to add that emphasis—the the gentleman from Colorado will be ducing hybrid vehicle engine costs by bill does not allow the Secretary to re- postponed. 35 percent. Hybrid vehicles are an im- allocate stimulus funds. All it does is AMENDMENT OFFERED BY MR. CONNOLLY OF portant part of our domestic manufac- allow the Secretary some flexibility in VIRGINIA turing base and provide direct quality where he allocates it. There is $33 mil- Mr. CONNOLLY of Virginia. Mr. of life benefits in suburban regions lion left in the bill. Chairman, I have an amendment at the with high levels of smog pollution, Let me say, we can’t afford, in the desk. such as here in the Nation’s capital. Department of Energy, with this pro- The Acting CHAIR. The Clerk will re- The Advanced Vehicle Technologies gram, or any other program, to have port the amendment. program also is helping to deploy elec- business as usual in terms of The Clerk read as follows: tric vehicles, including the new Chevy weatherizations. And I would agree Page 23, line 4, after the dollar amount, in- Volt. with the gentleman from Colorado that sert ‘‘(increased by $46,000,000)’’. in many cases, the money hasn’t been Page 24, line 18, after the dollar amount, Finally, Mr. Chairman, this program spent, and in some cases there have insert ‘‘(reduced by $99,000,000)’’. has accelerated deployment of hybrid- been questions as to how well it’s been The Acting CHAIR. The gentleman is electric diesel buses, improving transit spent. recognized for 5 minutes. service and air quality in communities This waiver in our bill provides a so- Mr. CONNOLLY of Virginia. Mr. throughout the country like my own in lution allowing all States to continue Chairman, the fiscal year 2012 Energy Fairfax County, Virginia.

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.124 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4836 CONGRESSIONAL RECORD — HOUSE July 11, 2011 b 1930 million for fossil energy R&D. Clearly, The Acting CHAIR. The gentleman We cannot allow a hemorrhaging of the private sector has the initiative from Maryland is recognized for 5 min- technology and manufacturing jobs to and the resources to conduct this re- utes. foreign competition while unemploy- search on their own, and they are doing Mr. HARRIS. Mr. Chairman, my ment grows in America. The Repub- so. Private sector R&D currently amendment will reduce funding for the licans seem to believe that corporate dwarfs activities at the Department of international programs of the Office of welfare for oil companies will help the Energy, yet this program is actually Energy Efficiency and Renewable En- economy, but we tried that during the seeing an increase in funds. ergy by cutting $6 million out of their previous administration and it did not This amendment strikes a better bal- $8 million budget and transferring it to work. We need to focus on rebuilding ance by decreasing funding in the fossil the spending reduction account to re- the technologies of the future right energy account and restoring the Vehi- duce our deficit. here in America, and the Vehicle Tech- cle Technologies Program to fiscal Now, first, Mr. Chairman, I want to nologies Program is a part of that ef- year 2011 levels. The Vehicle Tech- commend the committee for doing ex- fort. nologies Program supports private sec- cellent work in cutting the EERE I ask for favorable consideration of tor growth and the development of in- budget by an overall total of 27 per- this amendment. novative technologies to meet mileage cent, but this program was cut less I yield back the balance of my time. and emission standards for both cars than that. It was cut by 20 percent. Mr. Mr. FRELINGHUYSEN. Mr. Chair- and trucks. Chairman, as I go through the district, man, I rise to oppose the amendment. Consider how much fuel is used in the the number one area that I hear people The Acting CHAIR. The gentleman transport of consumer goods across our say let’s cut that to attack our deficit from New Jersey is recognized for 5 Nation on medium and heavy-duty is foreign aid; and basically, this pro- minutes. trucks. Small gains in efficiency can gram is foreign aid. It takes scarce Mr. FRELINGHUYSEN. The gen- have huge gains in fuel and cost sav- American jobs and sends them over- tleman from Virginia’s amendment ings. The Vehicle Technologies Pro- seas. would increase funding for the Energy gram is investing heavily in new truck Now, Mr. Chairman, as you know, our Efficiency and Renewable Energy and technologies, which have some of the unemployment rate here jumped to 9.2 reduce funding for Fossil Energy Re- greatest potential to reduce our Na- percent last week. We created 18,000 search and Development. This would tion’s petroleum use and dependence on jobs, and here in front of us we have a result in an increase in a program that foreign oil. program, this international program, already receives sufficient funds and There is a global competition right that creates jobs. It sure does. The hamper efforts to further technologies now to determine which countries will problem is they’re all in foreign coun- that produce most of our electricity. produce the cars and trucks of the fu- tries. So it takes those scarce Amer- Let’s be frank. Fossil fuels, such as ture. There is no doubt in the years ican jobs and sends them overseas. coal and natural gas, generate 70 per- ahead more Americans will be driving And I agree with the ranking mem- cent of our Nation’s electricity, and we hybrids, plug-in hybrids, battery elec- ber: Our actions today should have jobs will use these valuable energy sources tric vehicles, and cars and trucks pow- as our focus, American jobs. That is for many generations. ered by hydrogen fuel cells or natural why this amendment is essential. We must ensure that we use those re- gas. The only question is whether these The United States Government now sources, of course, as efficiently and new technologies will be researched, has a $1.5 trillion debt. We borrow 40 cleanly as possible. Further, the developed, and manufactured here in cents out of every dollar spent. We bor- amendment increases funding for En- the United States or overseas. row money from China to finance our ergy Efficiency and Renewable Energy, The Vehicle Technologies Program is Federal spending and our national a program that has seen record in- critical to ensure that the American debt. And through this program, we creases since 2007, and still has nearly, automobile industry and manufac- spend that money in China to make if you can believe it, $9 billion of turing base will continue to be globally Chinese manufacturers more energy ef- unspent stimulus funds from 2009. competitive, and that we as a Nation ficient. Yes, that is hard to believe, but There is a proper role for the core will not trade our dependence on for- we do that. We take a million dollars Energy Efficiency and Renewable pro- eign oil for dependence on foreign bat- and spend it in China to make their grams, and the bill preserves funding teries and other emerging technology. factories more efficient so they can for those activities while cutting out I would like to thank my colleague, compete with us so we can lose jobs, activities that are redundant with the Mr. CONNOLLY, for offering this amend- lose our revenues, and then borrow private sector or that intervene im- ment, and I urge my colleagues to sup- more money from China to do it all properly in market innovation. port American innovation and manu- over again. We have got to end this vi- The amendment would also add back facturing and support this amendment. cious cycle, and we have to end it with unnecessary funding for administration I yield back the balance of my time. this amendment. proposals that are poorly planned and The Acting CHAIR. The question is As chairman of the Energy and Envi- lack justification. That in and of itself on the amendment offered by the gen- ronment Subcommittee in the Science, is bad enough, and I oppose the amend- tleman from Virginia (Mr. CONNOLLY). Space and Technology Committee, we The question was taken; and the Act- ment and urge others to do so as well. held hearings on this specific subject. ing Chair announced that the noes ap- I yield back the balance of my time. Let me tell you about some of the pro- Mr. PETERS. Mr. Chairman, I move peared to have it. grams this international program Mr. CONNOLLY of Virginia. Mr. to strike the last word. funds. It assists manufacturing facili- Chairman, I demand a recorded vote. ties in China and India to reduce their The Acting CHAIR. The gentleman The Acting CHAIR. Pursuant to energy use. Well, that’s great, but why from Michigan is recognized for 5 min- clause 6 of rule XVIII, further pro- are we helping our economic competi- utes. ceedings on the amendment offered by Mr. PETERS. I rise to support the tors with hard-earned dollars that we the gentleman from Virginia will be Connolly-Peters amendment because borrow from them and then use to postponed. times of fiscal restraint force us to make their industries more efficient. AMENDMENT NO. 4 OFFERED BY MR. HARRIS prioritize. However, I am disappointed It gets even better. Then we improve Mr. HARRIS. Mr. Chairman, I have that the Republican bill prioritizes the energy efficiency in the Chinese build- an amendment at the desk. ing sector. Great. Let’s strengthen our needs of extremely profitable private The Acting CHAIR. The Clerk will economic opponents with money we ac- companies over the manufacturing and designate the amendment. innovative jobs of the future. The text of the amendment is as fol- tually borrowed from them. In fact, the ExxonMobil Corp. earned nearly $11 lows: DOE just announced a $25 million billion in the first 3 months of the project over the next 5 years to support Page 23, line 4, after the dollar amount in- year, Shell earned $6.3 billion in the sert ‘‘(reduced by $6,000,000)’’. the U.S.-India Joint Clean Energy Re- first quarter, and BP made $7.1 billion. Page 62, line 2, after the dollar amount in- search and Development Center. Now, Yet the Republican bill includes $476 sert ‘‘(increased by $6,000,000)’’. why isn’t it a U.S. energy research and

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.128 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4837 development center? Why are we spend- major emerging economies, and the and Israeli Governments, so it does not ing hard-earned, hard-borrowed dollars theory of the program is also that it eliminate all the funding; it protects overseas? can bring home lessons learned from that program, and there will be an- Even more programs: other experiences and share them at other amendment offered later that One to promote energy efficiency in the national, State and local levels. will make that quite specific. Indian software companies; unbeliev- I say I reluctantly oppose his amend- I understand that there is some pos- able. Why aren’t we promoting energy ment and that we are very close be- sibility of actually getting a benefit for efficiencies in American software com- cause I have great concerns over any partnering—and I thank the ranking panies. number of these types of programs at member for offering assistance—but Partnering with the Kazakhstan Gov- the Department of Energy. I have ex- honestly, I’m not sure what we’re going ernment to provide training on indus- pressed my displeasure to the Sec- to learn from Kazakhstan by sending trial efficiency. Now, I like those auto retary, among others, that if we are money over there to provide training jobs in the United States. Maybe we going to invest our taxpayers’ money— on industrial efficiency. I thought that should, in fact, train our own industry our money—in these endeavors, we we were the powerhouse of the world in to be more efficient and not go to ought to be very discreet as to how industry. I thought we were the leader Kazakhstan and spend our money to do those moneys are spent to develop mar- of the world. It’s fine when we have a it. kets in the United States of America lot of money, but the fact of the mat- A renewable energy center and solar and, God bless, the rest of the world. ter is we borrow 40 cents out of every power project in Chile; energy effi- So I will in this instance take the De- dollar, and the largest program expend- ciency centers in Peru and Costa Rica; partment of Energy at its word, and iture outside of the joint program with windmills in Mexico. Yeah, we are tak- that’s why I would respectfully oppose Israel is that expenditure in China. ing this money and we are actually the amendment. I would be happy to Now, I want everyone to understand building windmills in Mexico. Renew- stay in close communication with the there is still money available. It’s in able energy strategy development in gentleman, and I would be happy to the Department of State budget. This the Caribbean, and windmills in the stay in very close touch with the De- doesn’t eliminate these programs. This Dominican Republic. partment of Energy relative to the just removes the Department of Ener- Ladies and gentlemen, I have gone management of this program and, as- gy’s contribution. I will remind the throughout my district. They are beg- suming the moneys are in the fiscal body why the Department of Energy ging for us to cut the deficit. The year 2012 budget, to pursue this pro- was formed years and years ago. It was President said, he promised he would gram to make sure that your point is to reduce our dependency on foreign go line by line through that budget and heard and that their expenditures are oil, and it has failed to do so. It has ex- find some items to cut. Ladies and gen- not violative of what you want to do isted for decades, failing to do the mis- tlemen, this program is ripe for that today. sion for which it was established. In cutting. We shouldn’t be sending this Mr. FRELINGHUYSEN. Will the gen- my district, people in private industry money overseas. This doesn’t eliminate tleman yield? tell me, if they had a division or a de- the program; it cuts 75 percent of the Mr. VISCLOSKY. I yield to the chair- partment that failed to do its job for funding. It goes a little further than man, the gentleman from New Jersey. decades, they wouldn’t be cutting it the committee. Mr. FRELINGHUYSEN. I have mixed back—they’d be eliminating it. views as well. So, again, I thank the chairman and b 1940 Obviously, Israel is a strong ally, and I thank the ranking member, and I We clearly have to allocate Amer- were it not for Kazakhstan, we perhaps urge the body to support the amend- ica’s hard-earned resources to higher wouldn’t be able to do some things ment. priorities. Again, I commend the com- militarily to support our troops that Mr. BROUN of Georgia. In reclaiming mittee for making a start in cutting are both in Afghanistan and Iraq. I my time, I am going to support Dr. here, but we’ve got to go further. When think that it bears close watching, but HARRIS’ amendment. we’re spending money on making Chi- there is a perception that somehow As we face this huge budget deficit as nese factories more efficient to com- we’re giving China, India, Brazil, and a Nation, we’ve got to look at every pete with us and when we’re building other countries sort of an advantage. I source of cuts that we can possibly ac- windmills in Mexico with our money, view this program as a two-way street. complish. It’s time not only to cut we’ve gone too far. That’s why the Citi- It does provide a degree of access to spending, but we’ve got to start paying zens Against Government Waste has American companies. back our debts, and we’re not doing endorsed this amendment. It hardly So I reluctantly oppose your amend- that here in this country. I think it is gets more wasteful than taking hard- ment, but I can assure you that both of absolutely critical. The American peo- earned dollars, borrowing from over- us feel very strongly that it bears ple, the people who are looking for jobs seas, sending it back over there, and watching. It has borne some fruit, so today, want us to do the right thing. creating jobs overseas when we have a it’s not money wasted, and it’s not Programs like this and many others 9.2 percent unemployment rate here. money given away to our competitors. are killing our economy, and they’re I urge my colleagues to support this At least that’s my view of it. killing jobs in America. amendment. Mr. VISCLOSKY. But I think, again, So I’m going to support Dr. HARRIS’ I yield back the balance of my time. it draws attention to the fact that we amendment. I hope at least enough of Mr. VISCLOSKY. Mr. Chairman, I should be very closely monitoring the our colleagues here in the House will move to strike the last word. department as far as the expenditures understand the financial crisis that The Acting CHAIR. The gentleman of these funds. we’re in as a Nation and will support it from Indiana is recognized for 5 min- I yield back the balance of my time. also. utes. Mr. BROUN of Georgia. Mr. Chair- I yield back the balance of my time. Mr. VISCLOSKY. I will be brief. man, I move to strike the last word. The Acting CHAIR. The question is The gentleman from Maryland (Mr. The Acting CHAIR. The gentleman is on the amendment offered by the gen- HARRIS) and I are pretty close, but I recognized for 5 minutes. tleman from Maryland (Mr. HARRIS). will respectfully oppose his amendment Mr. BROUN of Georgia. I yield to the The amendment was agreed to. for a couple of reasons. gentleman from Maryland. AMENDMENT OFFERED BY MR. MILLER OF NORTH One is that the program that is sub- Mr. HARRIS. I thank the gentleman CAROLINA ject to his amendment is coordinating for yielding. Mr. MILLER of North Carolina. I programs with other countries. We’re Let me just briefly address this so have an amendment at the desk. not, by definition, sending jobs over- that we can move on. The Acting CHAIR. The Clerk will re- seas to other countries. The theory of We only cut $6 million out of the $8 port the amendment. the program is to provide technical as- million. There is actually budget lan- The Clerk read as follows: sistance for activities to help prime guage further on that protects a coop- Page 23, line 4, after the dollar amount in- markets for clean technologies in erative agreement between the U.S. sert ‘‘(increased by $24,018,000)’’.

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.131 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4838 CONGRESSIONAL RECORD — HOUSE July 11, 2011 Page 24, line 18, after the dollar amount in- Of course those traditional industries Mr. MILLER of North Carolina. Mr. sert ‘‘(reduced by $50,000,000)’’. have been subsidized right along, and Chairman, I demand a recorded vote. The Acting CHAIR. The gentleman is they continue to be subsidized in this The Acting CHAIR. Pursuant to recognized for 5 minutes. bill today. Taxpayers subsidize it, in clause 6 of rule XVIII, further pro- Mr. MILLER of North Carolina. Mr. addition to this little bit of research ceedings on the amendment offered by Chairman, this amendment is similar funding, with very significant tax in- the gentleman from North Carolina to others that we have heard today. centives—the subject of discussions will be postponed. This amendment would reduce the over at Blair House the last few weeks, AMENDMENT OFFERED BY MR. BROUN OF Fossil Energy Research and Develop- and we’ve heard there is no budging on GEORGIA ment account by $24.018 million, and that. And we know that those indus- Mr. BROUN of Georgia. Mr. Chair- will put as much of that money as our tries fully expect, if disaster strikes, if man, I have an amendment at the desk. rules will allow into the Energy Effi- there is a massive oil spill or, God for- The Acting CHAIR. The Clerk will re- ciency and Renewable Energy Re- bid, a nuclear accident, they won’t port the amendment. search, Development, Demonstration, really have to pay the cost. They will The Clerk read as follows: and Deployment. get help with that; they will get bailed Page 23, line 4, after the dollar amount in- The bill now is $5.9 billion less than out. sert ‘‘(reduced by $26,510,000)’’. the administration’s request and is We are not talking about basic early- Page 62, line 2, after the dollar amount in- more than $1 billion less than last stage research here; that’s somewhere sert ‘‘(increased by $26,510,000)’’. year’s funding. Fossil energy is a glar- else in the bill. This is all late-stage The Acting CHAIR. The gentleman is ing exception to the austerity visited applied research. But in the case of al- recognized for 5 minutes. upon every other kind of energy re- ternative energies, we have fledgling Mr. BROUN of Georgia. Mr. Chair- search, but the Fossil Energy program industries, economically vulnerable in- man, my amendment cuts $26.51 mil- gets an increase of $24 million above dustries that have some ways to go to lion from the Vehicle Technologies De- what the administration requested and get to the marketplace before they can ployment Subprogram in the Energy $32 million more than last year’s lev- turn a profit. And on the other hand, Efficiency and Renewable Energy’s els. we’ve got an industry that is 70 percent Clean Cities program and transfers This amendment would reduce that of our current energy supply. They’re those funds to the spending reduction account, Fossil Energy, to the level of up and running, they’re in good shape, account. the administration’s request, and will they’re fabulously profitable. The House Committee on Science, put as much money as possible back The top five oil and gas companies Space, and Technology has identified into energy efficiency and renewable made $32 billion in profits in the first many concerns with this program energy research, which now gets a $331 quarter—the first quarter, $32 billion, 3 which it has shared with the Depart- million cut, or more than 25 percent, months. To that industry Republicans ment of Energy. This program filters more than a quarter. say, belly on up to the public trough, over $25 million to about 90 coalitions Mr. Chairman, I agree that we need boys; we’ll make room for you. to buy electric charging stations, E85 The energy research that we’re talk- to be doing fossil energy research. It is pumps, alternative fuel vehicles, and ing about in the EER&E is wind, solar, more than 70 percent of our energy other infrastructure. biomass, water—on and on. You know now, and it will be the bulk of our en- Beyond concerns with how this pro- what they are. We need to make some ergy supply for the foreseeable future. gram is run and how the dollars are of those technologies work, or we are We do need an abundant and clean sup- being spent, this program should not be not going to have enough energy in the ply of fossil energy, but it’s hard to funded or run by the Federal Govern- future. And in the shorter term, they look at the spending levels in this bill ment. This type of program is best promised healthy competition for the and not see some hypocrisy at work. served by the private sector or local fossil fuel industry to bring down the I am the ranking Democrat on the and State governments. cost of energy for Americans. Energy and Environment Sub- Despite the management concerns, It’s hard, in fact, to look at the hos- the Department of Energy has recently committee, and I have heard again and tility of Republicans to those indus- again in committee hearing after com- announced its intention to broaden the tries, to those emerging energy tech- scope of the Vehicle Technologies De- mittee hearing and in subcommittee nologies and think a big part of their hearing after subcommittee hearing ployment Subprogram to also include hostility is not at the bidding of the the National Clean Fleets program. the same stale talking point that it is fossil fuel industry to smother that not the place of the Federal Govern- One mission of this program is to assist competition in the crib. Fortune 100 companies to upgrade their ment to pick energy winners and losers I urge adoption of this amendment. and that taxpayers shouldn’t have to I yield back the balance of my time. commercial fleet. Is this really an ap- subsidize the development of alter- Mr. FRELINGHUYSEN. Mr. Chair- propriate use of Federal dollars when native fuels. man, I rise in opposition to the amend- we are facing a $1.6 trillion deficit? Is it really appropriate to be helping com- b 1950 ment. The Acting CHAIR. The gentleman panies such as Enterprise, GE, and Just last week, in a hearing in the from New Jersey is recognized for 5 Ryder upgrade their fleets to electric committee, one of my Republican col- minutes. or alternative fuel vehicles? The an- leagues on the committee said we Mr. FRELINGHUYSEN. The gen- swer to these questions, in my opinion, should promote an all-of-the-above ap- tleman from North Carolina’s amend- is no. In fact, I think most of the proach—oil, nuclear, coal, natural gas. ment increases funding for the Energy American people believe the answer to Heck, I’m okay with wind, solar, water, Efficiency and Renewable account, a those questions is no. biofuels and everything else you can program that I said earlier has seen I urge my colleagues to support my think of as long as it isn’t subsidized record increases since 2007 and still has amendment. by the American taxpayer. And we’ve $9 billion in unspent stimulus funds in I yield back the balance of my time. heard that same talking point again its account from 2009 to spend. On that Mr. HARRIS. Mr. Chairman, I move and again today. alone, I oppose this amendment and to strike the last word. The subsidy, the help with funding urge my colleagues to do so as well. The Acting CHAIR. The gentleman for research that the alternative en- Mr. Chairman, I yield back the bal- from Maryland is recognized for 5 min- ergy now gets, is tiny in comparison to ance of my time. utes. what traditional energy sources—fossil The Acting CHAIR. The question is Mr. HARRIS. The doctor from Geor- fuel and nuclear—have gotten for a on the amendment offered by the gen- gia is absolutely right. We held a hear- long time. And if Republicans are now tleman from North Carolina (Mr. MIL- ing in my subcommittee on this very pushing alternative energy and energy LER). topic, and it was very instructive be- efficiency technologies away from the The question was taken; and the Act- cause for the last several weeks we public trough, it is so they can make ing Chair announced that the noes ap- have heard a lot about, oh, my gosh, more room for fossil fuels and nuclear. peared to have it. these giveaways to corporations and

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.046 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4839 how we have to look at them critically. ergy independence, we are going to able to use less oil—that’s what we rely Well, here is a program where we can need a different and more diverse ma- on in Vermont to heat our homes—or put $25.5 million back into our deficit trix of energy sources. less electricity that’s generated by nu- reduction by reducing corporate sub- Seventy percent of our energy today clear, you can save money. And the ef- sidies. is created through coal and natural ficiency title is one that gives us an op- The doctor is right, GE doesn’t need gas, and that cannot continue. That is portunity to try to promote efficiency, a subsidy, but they get it through this not healthy for our Nation. It is not where doing so has significant benefits. program. UPS doesn’t need a subsidy; healthy for our economy. It is not Last year, Mr. Chair, we passed in they get it through this program. They healthy for our national security. We this House—it failed in the Senate—an all make money, millions and billions need to diversify. In this instance, the energy efficiency bill that would have of dollars, but this program gives them committee has recognized our fiscal re- given homeowners an incentive to put another subsidy. Verizon doesn’t need a sponsibility but continues to make an some of their money into home retro- subsidy, but they get it through this investment in our economic, our job, fits, and the government would have program. They make a lot of money. and our energy futures. And I do oppose matched that. So you would have had They make a lot of money. This pro- the gentleman’s amendment. an all-in situation. gram subsidizes it. I yield back the balance of my time. And when you’re retrofitting your And the gentleman is right, E85 is Mr. FRELINGHUYSEN. I move to home, you are using local contractors probably a bad choice. Why are we strike the last word. who have been hammered by the col- spending money—money that we have The Acting CHAIR. The gentleman lapse in housing. They need work. It’s to borrow from the Chinese every day— from New Jersey is recognized for 5 work that is done locally in your dis- in order to put E85 pumps around or to minutes. trict and mine. Ninety-five percent of convert vehicles to E85 as part of this Mr. FRELINGHUYSEN. I would like the materials that are used in any kind program? Mr. Chairman, it makes no to associate my remarks with those of of efficiency work in a commercial sense. the ranking member. building or in home building are manu- This is another little contribution we This amendment would slash even factured in America. So even without a can make. Our constituents have sent more than we did in our committee, debate about Make It in America, we us here to deal with the Federal deficit. the Vehicle Technologies Program and would be getting the benefit of manu- The doctor makes a contribution, $25.5 this Energy Efficiency and Renewable facturing in America. And obviously, it million. We held a hearing on this. You Energy account. There is almost noth- would then have an impact of saving know, their press release on one of ing left in the account now. Maybe the the homeowner money. That particular these was ‘‘green beer for St. Patrick’s desire is to put this whole account out bill would have saved about $10 million Day’’ because they actually spent of business; but personally, I think in energy bills over 10 years. So that’s money for a beer distributing company that is unwise. We have made the real savings for homeowners. tough choices. We have held our hear- to upgrade their trucks. The bill that is brought before the ings. We have had the input. And I b 2000 floor makes a decision to dramatically would ask Members to oppose the cut the efficiency title by about 27 per- Last I looked, that business made amendment. cent, or $491 million. What my amend- money. We shouldn’t be subsidizing it. I yield back the balance of my time. This is a good amendment. The body The Acting CHAIR. The question is ment would do is propose to restore should adopt the amendment, help cut on the amendment offered by the gen- that money and take that from the Nu- clear Security Weapons Activities ac- our deficit, and stop sending money to tleman from Georgia (Mr. BROUN). corporations that simply don’t need The question was taken; and the Act- count which has $7.1 billion. So divert- our help. ing Chair announced that the ayes ap- ing the amount of money this amend- I yield back the balance of my time. peared to have it. ment proposes would not wipe out that Mr. VISCLOSKY. I move to strike Mr. FRELINGHUYSEN. Mr. Chair- account in any way. the last word. man, I demand a recorded vote. I think all of us would like to find The Acting CHAIR. The gentleman The Acting CHAIR. Pursuant to some places we can work together de- from Indiana is recognized for 5 min- clause 6 of rule XVIII, further pro- spite the very significant differences utes. ceedings on the amendment offered by between us; and efficiency, I found in Mr. VISCLOSKY. Mr. Chair, I rise in the gentleman from Georgia will be the last Congress, was one of those opposition to the gentleman’s amend- postponed. areas where we had some potential to ARTON ment, and it would appear there will be AMENDMENT OFFERED BY MR. WELCH do it. Then-Ranking Member B others differing in amounts but very Mr. WELCH. Mr. Chair, I have an was supportive of some of these efforts. similar in intent. And I think that amendment at the desk. And the money in this title actually they do not represent a wise energy The Acting CHAIR. The Clerk will re- does end up promoting projects back in policy for this country. port the amendment. your district and mine. I will just give The first point I would make is that The Clerk read as follows: some examples. And these are small the bill includes a reduction of $491 Page 23, line 4, after the dollar amount, in- things. They are small things but im- million for the overall renewable pro- sert ‘‘(increased by $491,000,000)’’. portant. In Burlington, Vermont, we gram from fiscal year 2011, an even Page 33, line 20, after the dollar amount, had a program through this title that more significant reduction compared insert ‘‘(reduced by $491,000,000)’’. helped a community market install 136 to fiscal year 2010. So the committee, I The Acting CHAIR. The gentleman solar panels on the roof of the city believe, fully recognizes their respon- from Vermont is recognized for 5 min- market that generated 31 kilowatts of sibilities to be careful fiscally. utes. power. I mean, that’s not going to save But I also must indicate that some- Mr. WELCH. Mr. Chair, I have been the world, but it created jobs. It re- one who I have a great deal of respect sitting here listening to what, in fact, duced their costs. And it was local, for, my senior Senator in the State of I think is a very interesting debate: local people doing it. Indiana, Senator LUGAR, has always what’s the role that the taxpayer, In Waterbury, a home for seniors was characterized our energy problem as a through this body, should play in try- retrofitted and improved with insula- national security problem. I think we ing to steer an energy policy towards tion, better boiler controls and effi- all recognize it is an economic prob- efficiency. There were a lot of conten- cient lighting. Again, it’s not rocket lem. We can debate the environmental tious debates that we’ve had about en- science, but it’s real. It was real aspects. I happen to think it is an envi- ergy policy, about climate change. Vermonters doing the installation ronmental problem myself. But I don’t One of the areas where I have found work. It was insulation that was manu- think anyone can dispute the fact that that we have frequently had some com- factured in America. And it made those it is a national security issue, relative mon ground is the notion that less is seniors warmer. It made their bill to where we are buying so many of our more. Whatever the source of energy lower. That kind of thing can happen petroleum products. And to gain en- that you use or favor, if a consumer is all around.

VerDate Mar 15 2010 03:27 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.138 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4840 CONGRESSIONAL RECORD — HOUSE July 11, 2011 In Lunenburg, Vermont, way up by The Acting CHAIR (Mr. CONAWAY). Mr. WELCH. All right. I will just say the Canadian border, the 430-cow Au- The gentleman from Indiana is recog- it’s news to most of us in Vermont. burn Star Farm got some loans and nized for 5 minutes. And, in fact, there is a big dispute grants through a State energy program Mr. VISCLOSKY. Mr. Chairman, I about the relicensing of the current nu- that was funded from this title. It al- also have to rise, with great respect to clear reactor we have. lowed them to build a biodigester, and my colleague, in opposition to the But I appreciate the gentleman. that digester will dispose of the waste amendment. Thank you. from the dairy cows, produce biogas to I certainly appreciate, having just I yield back the balance of my time. generate electricity, and help the bot- talked about needing to invest in a mix The Acting CHAIR. The question is tom line of that farm that is struggling of energy sources in the future, what on the amendment offered by the gen- with low milk prices and high costs. the intent of the amendment is. He ob- tleman from Vermont (Mr. WELCH). So the real question that is before us viously wants to return us to where we The question was taken; and the Act- is: Do we want to promote energy effi- are in fiscal year 2011. I would cer- ing Chair announced that the noes ap- ciency at the local level in all the var- tainly point out for the record that at peared to have it. ious ways people can come up with to that level, $1.795 billion, we would still Mr. WELCH. Mr. Chair, I demand a save money when we know that in your be significantly below where we were recorded vote. district or mine, Republican, Demo- last year, fiscal year 2010, when our The Acting CHAIR. Pursuant to crat, or independent, we’ve got out-of- level of spending in this account was clause 6 of rule XVIII, further pro- work contractors, we’ve got home- $2.24 billion. ceedings on the amendment offered by owners who want to save money, and The problem I have here is particu- the gentleman from Vermont will be we’ve got manufacturers who want to larly where the money has come from, postponed. sell their goods? So I urge the body to and that is the weapons account. Too AMENDMENT OFFERED BY MR. POMPEO consider favorably the amendment that often, and we saw it again last week, Mr. POMPEO. I have an amendment is before you. we do tend, I think unnecessarily, to at the desk. I yield back the balance of my time. hold the defense accounts harmless. In The Acting CHAIR. The Clerk will re- Mr. FRELINGHUYSEN. Mr. Chair- this case the committee has rec- port the amendment. man, I rise in opposition to the amend- ommended, and it was very carefully The Clerk read as follows: ment. considered, an increase in the weapons Page 23, line 4, after the dollar amount in- The Acting CHAIR. The gentleman account. If the amendment was adopt- sert ‘‘(reduced by $45,641,000)’’. from New Jersey is recognized for 5 ed, the fact is we would be $269 million Page 62, line 2, after the dollar amount in- minutes. below current year level, for a cut of sert ‘‘(increased by $45,641,000)’’. Mr. FRELINGHUYSEN. Certainly let 4.3 percent. The Acting CHAIR. The gentleman me salute the gentleman from I have on numerous occasions in my from Kansas is recognized for 5 min- Vermont. Certainly Vermonters are district, in conversations with col- utes. often characterized as being inde- leagues on the floor and elsewhere, sug- Mr. POMPEO. Mr. Chairman, the pendent and self-sufficient and self-re- gested it is time, if we are going to amendment that I presented would de- liant. Of course I would have to note solve our budget crisis in the United crease the Department of Energy’s Of- for the record that you are 72 percent States of America, for everybody to fice of Energy Efficiency and Renew- relying on nuclear power in Vermont. belly up on both sides of the equation. able Energy program by $45.6 million There may be other forms of power, so And I don’t care where you’re getting and the funding for DOE’s Vehicle you might just want to check on that, you’re paycheck or how you’re earning Technologies Program. just for the record. your contract money; I cannot believe While I am certainly 100 percent be- hind innovation and the development b 2010 if you are a defense function of the Government of the United States you of domestic sources of energy and new Mr. Chairman, I rise in opposition to can’t find one penny, one cent of sav- vehicle technologies, this program is the amendment because this amend- ings out of every dollar we spend. Hav- simply not the way to do it. We ment decreases funding for weapons ac- ing said that, that comes out to 1 per- shouldn’t take money from one set of tivities by $491 million in order to in- cent. I think at this point the 4.3 per- citizens to subsidize companies that, crease, as we heard, the Energy Effi- cent in the weapons programs, that is frankly, have had subsidies for too long ciency and Renewable account. Mod- very important as far as their safety, in the development of new energy vehi- ernization of the nuclear complex is a their security and surety, is a step be- cle technologies. critical national priority and must be yond that 1 percent I have so often Look, it’s a subsidy program, plain funded, and that doesn’t matter wheth- talked about the last months. So with and simple. The program is part of this er it’s the Obama administration or the great respect to my colleague, I would present administration’s liberal agenda Bush administration. All of our admin- also oppose this amendment. to replace the free market with govern- istrations are working to make sure I yield back the balance of my time. ment bureaucrats in determining that we have a nuclear stockpile that Mr. WELCH. I move to strike the last which energy sources we ought to use is safe, reliable, and verifiable. word. to propel our vehicles and for transpor- With years of stagnant funding, we The Acting CHAIR. Is there objec- tation. have put off long enough the invest- tion? You know, we are already seeing tre- ments that are needed to sustain our Without objection, the gentleman mendous advances in hybrid tech- nuclear capabilities into the future. from Vermont is recognized for 5 min- nology and electric vehicle technology. The funding in our bill for weapons ac- utes. In the State of Kansas, we have got tivities is both now, as a result, timely There was no objection. folks coming up with wonderful, great, and urgent. When every tax dollar Mr. WELCH. Just in clarification, innovative ideas. They are seeking pri- must be spent well, we cannot enact Member from New Jersey, Vermont has vate capital markets to make that in- cuts that will risk our national secu- about one-third nuclear power. That novation happen. We have enormous rity while throwing money at poorly was misreported I am not sure by venture capital firms that have made planned programs that have large bal- whom, but it’s one-third nuclear, one- significant investment in these tech- ances, which I mentioned earlier—$9 third hydro, and one-third other. nologies. Why would the government billion in the EERE account that’s Thank you. use taxpayer money to compete with unspent of stimulus money. Mr. FRELINGHUYSEN. This is from those ventures? They don’t need the So not so reluctantly, I rise in oppo- the EIA. subsidies. They’ll make these things sition to the amendment and urge my Mr. WELCH. And it is incorrect. work. colleagues to vote accordingly. Mr. FRELINGHUYSEN. I assume it This is a quarter billion dollars in an I yield back the balance of my time. is verifiable. Twenty-two percent is R&D subsidy in a sector that has re- Mr. VISCLOSKY. I move to strike hydro and 72 percent is nuclear. Noth- ceived subsidies for decades, and they the last word. ing to be ashamed of. no longer need that. They are far

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.141 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4841 along. They can make the progress. If we begin to cut back to prior year fering this bipartisan amendment with They can make these vehicles work. levels as far as the investment in mak- me. He is a leader on energy issues, and And the market will also choose them ing sure people can move in this coun- I thank him for his support. when they provide a technology that try as efficiently as possible and reduce Mr. Chair, the Tonko-Bass amend- provides a cost-effective solution for our dependency on imported oil, we are ment is simple. It will restore three folks who want to drive their vehicles not going to make economic progress specific, results-driven energy effi- and for companies that want to move in this country and are going to con- ciency programs within the fiscal year their products and goods all across our tinue to be held hostage to those over- 2012 Energy and Water Development Nation. seas who send that oil to us for our dol- appropriations bill to last year’s levels. You know, these subsidies come in lars that they then use for other nefar- It is neither a stretch nor an over- lots of forms, and I have opposed them ious purposes. reach. It is a balanced approach, and it in every form. They come in our Tax Again, I think this is an ill-advised is fully offset. Code. They come in the form of grants. amendment. I think it takes us in the First, this amendment will restore They come in the form of other pro- wrong direction. We should be looking funding to the Weatherization Assist- grams. Both the House and the Senate for ways to ensure that we do good re- ance Program, or WAP. WAP is the have recently rejected tax subsidies for search to get more miles per gallon and largest residential efficiency program specific fuel purposes already this year. to make sure that the Department of in our Nation. It reduces the energy This Vehicle Technologies Program Energy also, as they do this research, burden on low-income families and the elderly and disabled, and creates jobs, should be no different. ensures that it is applied not for more The President today said that we power in cars but for more miles per invests in local businesses, and ad- vances technology, state-of-the-art need to eat our peas. I suggest that he gallon, because, again, these are our technology. The 35 percent savings as a was suggesting that we need to do taxpayers dollars. result of weatherizing homes under some difficult things. I happen to like So for those reasons, again, I would this program saves $437 in annual util- peas. But he said we should do some be opposed to the gentleman’s amend- ity bills for the average homeowner. difficult things. This is an easy thing. ment. Second, the amendment restores I yield back the balance of my time. I would just as soon see this entire funding to the State Energy Program Mr. FRELINGHUYSEN. Mr. Chair- technology subsidy go away, but my or SEP. SEP is the only cost-shared man, I move to strike the last word. suggestion here in this amendment is program administered by the United The Acting CHAIR. The gentleman only this: that we return to spending States Department of Energy that pro- from New Jersey is recognized for 5 levels from 2008, just 2 short years ago. vides resources directly to the States I, for one, certainly don’t believe, and I minutes. for allocation by the Governor for use Mr. FRELINGHUYSEN. Let me just don’t think the folks in Kansas and in energy efficiency. This includes 56 across this country believe, that we say to the gentleman from Kansas, he State and territory energy offices. And spent too little money on vehicle tech- said he would like us at least to go according to a study by the Oak Ridge nology subsidies in 2008. back to, in this particular account, to National Laboratory, for every $1 in So I would urge my colleagues to the 2008 level. Maybe there is some con- federal SEP funds, annual savings of support this amendment. solation: In our bill, we actually go 1.03 million source Btu’s are saved, With that, I yield back the balance of back to 2007 in this account, and the along with the cost savings of $7.22 and my time. bill is just, just beneath the overall al- a leveraging of $10.71 on that same $1. Mr. VISCLOSKY. Mr. Chairman, I location, in terms of the final product, Finally, the Tonko-Bass amendment rise in opposition to the gentleman’s is just beneath the 2006 level. You restores funding to the Building Tech- amendment. won’t find too many bills on the appro- nologies Programs. Buildings in the The Acting CHAIR. The gentleman priations docket that go back to that United States use about 40 percent of from Indiana is recognized for 5 min- level, recognizing this is 2011. Our com- our total energy and two-thirds of our utes. mittee goes back to just below 2006 lev- electricity. As such, this program Mr. VISCLOSKY. I would point out els. So give us a little bit of credit. seeks to promote American innovation that we have a vote pending in the I yield back the balance of my time. and technologies to reduce operating House for a reduction of about $26.5 The Acting CHAIR. The question is costs to building owners, which is vital million from this account. This would on the amendment offered by the gen- in today’s market. be an additional reduction of another tleman from Kansas (Mr. POMPEO). Finally, Mr. Chair, this amendment $45 million from this account. The question was taken; and the Act- has a net impact of zero dollars on The gentleman noted that what his ing Chair announced that the ayes ap- budget authority and reduces 2012 out- intent is is to get the Vehicle Tech- peared to have it. lays by $58 million, according to the nologies Program, if I understand him Mr. VISCLOSKY. Mr. Chairman, I de- Congressional Budget Office. It does so correctly, back to where we were in mand a recorded vote. by offsetting the increase of spending 2008. If I did understand him correctly, The Acting CHAIR. Pursuant to with cuts to the Weapons Activities I would suggest that that is why we are clause 6 of rule XVIII, further pro- Account, specifically to the Readiness where we are today, because the levels ceedings on the amendment offered by in Technical Base Facilities account. for vehicle technology research were the gentleman from Kansas will be The Appropriations Committee report inadequate, totally inadequate in 2008. postponed. suggests they are seriously concerned You drive by a gas station today and AMENDMENT OFFERED BY MR. TONKO with the recent cost growth reported gas is $4 a gallon. All of us repeatedly Mr. TONKO. Mr. Chairman, I have an for construction of two major projects are asked what are we going to do amendment at the desk. in the account. The committee report about gas prices. If we are not going to The Acting CHAIR. The Clerk will re- claims modernization will take several act as far as price fixing, collusion, port the amendment. years and the considerable number of cartels, monopolies, speculation, and The Clerk read as follows: variables still at play argues against we can’t do anything about the laws of Page 23, line 4, after the dollar amount in- an excessively aggressive funding supply and demand, I have indicated to sert the following: ‘‘(increased by curve. my constituents the thing that Con- $226,800,000)’’. Therefore, Mr. Chairman, I wish to gress can do most effectively for the Page 33, line 20, after the dollar amount in- close by saying I do not believe we can price of gasoline is help our constitu- sert the following: ‘‘(reduced by afford to slip any further behind our ents buy less of it. $226,800,000)’’. global competitors in energy invest- The Acting CHAIR. The gentleman ments. A vote for this amendment is a b 2020 from New York is recognized for 5 min- vote in favor of decreasing our depend- If we can, through vehicle technology utes. ence on foreign oil, creating local, pri- research, help everyone in this country Mr. TONKO. Mr. Chair, first I want vate sector contracting jobs, and pro- get an extra mile per gallon, we have to thank my colleague, the gentleman viding State control on energy helped them with the price of gasoline. from New Hampshire (Mr. BASS) for of- projects.

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.146 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4842 CONGRESSIONAL RECORD — HOUSE July 11, 2011 Again, I would like to commend the U.S. GREEN BUILDING COUNCIL, all strongly urge you to support the bi-par- gentleman from New Hampshire for his Washington, DC, July 7, 2011. tisan Tonko/Bass amendment to restore leadership on this issue and thank him Hon. PAUL TONKO, funding for energy efficiency programs with- for his support. House of Representatives, Cannon House Office in the FY’12 Energy and Water Development Building, Washington, DC. Appropriations Bill. If the country is serious I urge adoption of this amendment. Hon. CHARLES F. BASS, about addressing our energy security con- To: Southern States Members of the U.S. House of Representatives, Rayburn House Office cerns, reducing energy costs, promoting eco- House of Representatives Building, Washington, DC. nomic growth and domestic jobs and cutting From: Kenneth J. Nemeth, Secretary and DEAR CONGRESSMEN TONKO AND BASS: On oil imports, then we should not give up on Executive Director behalf of the U.S. Green Building Council energy efficiency programs. Energy effi- Date: July 7, 2011 and our nearly 16,000 organizational mem- ciency is a cornerstone of a balanced energy Re FY12 SEP, WAP and BTP Appropriations bers and 80 local chapters, I would like to policy. under H.R. 2354—Tonko Amendment thank you for introducing an amendment to The Tonko/Bass amendment would restore As an interstate compact organization rep- the FY’12 Energy and Water Appropriations funding to the FY’11 levels for the Weather- resenting 16 southern states and two U.S. Bill that will restore funding for the U.S. De- ization Assistance Program, the State En- territories, we are disappointed with the partment of Energy’s Weatherization Assist- ergy Program (SEP) and the Buildings Tech- budget cuts to the U.S. State Energy Pro- ance Program, U.S. State Energy Program, nology Program. gram (SEP), Weatherization Assistance Pro- and Building Technologies Program to FY’11 The Weatherization Assistance Program is gram (WAP), and the Department of Ener- levels. Each of these programs has an estab- the largest residential energy efficiency pro- gy’s (DOE) Building Technologies Program lished record of successfully returning sig- gram in the nation. It reduces the energy (BTP) under the House Energy and Water nificant value to the American people. Con- burden on low-income families, the elderly Development FY 12 appropriations measure tinued funding for these programs is a cru- and disabled, and creates jobs, invests in that was approved on June 15, 2011. The cial investment that reaches beyond short- local businesses and advances technology. Southern States Energy Board (SSEB) has a term energy efficiency: they create jobs and The 35% energy savings as a result of long and direct relationship with the state savings opportunities for low-income fami- weatherizing homes under this program energy offices and fully supports their role lies; support and spur building industry ac- saves $437 in annual utility bills for the aver- as a key component of implementing our tivity; and contribute to long-term national age homeowner. country’s energy policies. energy security goals. SEP delivers extraordinary economic bene- I am writing to you to ask for your support Over the past thirty years, the Weatheriza- fits to all sectors of the economy by working of Representative Tonko’s amendment to tion Assistance Program has served as the with the private sector in delivering key en- H.R. 2354 to restore funds to the State En- nation’s largest residential energy conserva- ergy services. A study by Oak Ridge Na- ergy Program, Weatherization Assistance tion program. According to the Energy Infor- tional Laboratory found that for every fed- Program and the Building Technologies Pro- mation Administration (EIA)’s Short Term eral dollar invested in this program, $7 in en- gram. Representative Tonko will be circu- Energy Report, homes weatherized through ergy savings are achieved and almost $11 in lating a ‘‘Dear Colleague’’ letter seeking WAP saved low-income residents $2.1 billion non-federal funds are leveraged. your support for the amendment and we are dollars in 2010. Weatherization returns $2.51 Buildings consume approximately 40% of urging you to sign in support of the amend- for every $1 invested and annually decreases our energy in this country. The Buildings ment. Mr. Tonko’s amendment would add national energy consumption by the equiva- Technology Program conducts critical R&D funding for these three key programs to lent of 24.1 million barrels of oil. WAP is an that permits the private sector to incor- bring them up to FY11 levels as follows: essential part of both present and future na- porate new technologies into their construc- State Energy Program—add $25 million for tional energy saving strategies. tion. This allows businesses to maintain a total of $50 million The U.S. State Energy Program is a thirty- their competitive edge by reducing their Weatherization Assistance Program—add year-old cost-shared program that provides costs of doing business and expanding $141 million for a total of $174 million direct support and funding to State Energy against fierce global competition. These new DOE Building Technologies Program—add Offices to develop and implement state allo- products and technologies also help con- $62 million for a total of $212 million cated energy efficiency and innovation sumers every day. This Nation’s future is reliant on reducing projects. The Oak Ridge National Labora- These three programs that would be re- our energy dependence. As a policy maker, it tory (ORNL) found that, in a single year, the stored to FY’11 funding levels as a result of is important to understand the role of State program enabled states to collectively per- this amendment are critical to our future. Energy Offices and the importance of the form 15,264 energy audits, 12,896 building up- The proposed amendment will increase State Energy Program, Weatherization Pro- grades, provide $12,345,608 in grants, and loan Weatherization funding by $141.3 million, gram and the Building Technologies Pro- $30,403,388 towards energy efficiency projects. SEP funding by $25 million and the Buildings gram to achieve these national goals. The ORNL also found that $1 of federal funding Technology Program by $60.5 million, for a SEP allows states to support a variety of en- leveraged $10.71 in state and private funding. total of $226.8 million. The amendment is ergy efficiency and renewable energy The Building Technologies Program works fully offset. projects including improvements to schools with organizations across sectors to help de- Sincerely, and hospitals, establishing partnerships with velop technologies that make commercial Adirondack Community Action Programs, utilities, businesses and industry and facili- and residential buildings more efficient and Inc. (NY) tating the economic development opportuni- affordable. Over the life of the program, $14 Alexandria Economic Opportunity Com- ties for states while maximizing the develop- billion of direct savings to the consumer has mission (VA) ment of states’ renewable energy resources. been reinvested in local economies. Addi- Alliance to Save Energy American Council for an Energy Efficient In keeping with protecting our economy tionally, since its founding 20 years ago, the Economy while increasing the efficient use of energy, Building Technologies Programs has saved Association of State Energy Research and the U.S. DOE Buildings Technologies Pro- the equivalent of over 12 billion gallons of Technology Transfer Institutions gram is essential and requires full FY11 gasoline. Baltimore County Community Action funding levels to continue deploying tech- This suite of programs provides both meas- urable and immeasurable value to tax-payers Agency nologies that will reduce pressure on tight Boston Community Development, Inc. energy supplies and help to restrain prices across the country. The U.S. Green Building Council commends your leadership by sup- Business Council for Sustainable Energy while protecting the environment. This pro- California/Nevada Community Action gram encourages innovation for emerging porting these programs as they have proven to be a sound investment for this country’s Partnership technologies and contributes to our global Central Florida Community Action Agency leadership while creating jobs and strength- ability to thrive. We urge all other members to support this amendment to restore fund- (CFAA), Inc. ening our economy. Chesapeake Climate Action Network ing for each of these programs to FY’ll levels Also, the Weatherization Program is essen- Citizens Utility Board of Wisconsin to maintain this country’s commitment to tial to helping low-income families, the el- Community Action Partnership energy security and economic stability. derly and disabled by improving the energy Community Action Partnership of Idaho Sincerely, efficiency of their homes and lowering their Community Action Partnership of Lake JASON HARTKE, energy bills. During the economic strain County (IL) that we are experiencing all across the coun- Vice President, National Policy, Community Action Partnership of North- try, cutting funding to this program would U.S. Green Building Council. west Montana create even a larger burden on our citizens Community Action Partnership of San forcing them into more difficult choices on SUPPORT THE TONKO/BASS AMENDMENT TO THE Luis Obispo Co., Inc. (CA) basic needs. FY’12 ENERGY AND WATER DEVELOPMENT Conservation Law Foundation I strongly urge you to vote in favor of the APPROPRIATIONS BILL Conservation Services Group Tonko Amendment so that these critical JULY 11, 2011. Corporation for Ohio Appalachian Develop- programs can continue contributing toward DEAR REPRESENTATIVE: The undersigned ment our Nation’s energy goals. companies, organizations and associations Direct Energy

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.149 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4843 Earth Advantage Institute tional security priority and must be re- 2011 for both the nuclear weapons pro- Eastern Idaho Community Action Partner- funded. Reductions of this magnitude gram as well as the weatherization pro- ship would be unacceptable and impact our gram, the State Energy Program, and Efficiency First ENE (Environment Northeast) ability and our nuclear security strat- the Building Technologies Program, Energy Future Coalition egy. which benefit so many people in so Energy Platforms, LLC These reductions in the nuclear ac- many different parts of America. Environmental and Energy Study Institute count would be to increase funding for So I urge adoption of this amend- Environment America Energy Efficiency and Renewable En- ment. Illuminating Engineering Society ergy programs primarily in the area of I yield back the balance of my time. Izaak Walton League of America weatherization in the State Energy Mr. TONKO. Mr. Chairman, I ask Jefferson County Committee for Economic Program. For your information, these unanimous consent to strike the last Opportunity (AL) word. Johnson Controls, Inc. two programs have $3.4 billion in Knauf Insulation unspent funds from the 2009 stimulus The Acting CHAIR. Without objec- LACAP (LA) and a full $2.7 billion is expected to be tion, the gentleman from New York is League of Conservation Voters available for use in fiscal year 2012. recognized for 5 minutes. Mid-Willamette Valley Community Action They don’t need any more money. There was no objection. Agency (OR) The Department of Energy needs to get Mr. TONKO. For a point of clarifica- National Association for State Community the money out of the door, and if they tion, I would just point out the statu- Services Programs aren’t capable, they need to make sure tory deadline for the weatherization National Association of Energy Service program and the State Energy Pro- Companies States that have received money get National Association of State Energy Offi- money out of the door. So I therefore gram is on March 31 of any given year, cials (NASEO) oppose the amendment. in this case 2012. So, of course, it’s not National Community Action Foundation I yield back the balance of my time. all spent yet. There is expected to be National Insulation Association Mr. BASS of New Hampshire. Mr. an accelerated spending on these in- National Wildlife Federation Chairman, I move to strike the last vestments that are made. The draw- Natural Resources Defense Council word. down on those moneys will come in an Newburgh Community Action Committee, accelerated way. But also the intent Inc. (NY) The Acting CHAIR. The gentleman is Nicholas Community Action (WV) recognized for 5 minutes. was a 3-year spend-out. And I think if North American Insulation Manufacturing Mr. BASS of New Hampshire. As we pull the rug out from these job cre- Association much as it pains me to oppose the posi- ators at this stage, we stand to reduce North Carolina Community Action Asso- tion of my good friend from the State employment among our private sector ciation of New Jersey, I rise in support of this contractors, our builders and ren- Northeast Missouri Community Action very worthy amendment and want to ovators. What I had seen in New York, Agency thank my friend from New York for his especially with the State Energy Pro- NYS Community Action Association (NY) grams, they had a 3-year waiting list. Ohio Association of Community Action sponsorship of it. Agencies As he said, it raises the Weatheriza- There is a great deal of good that Ohio Heartland Community Action Com- tion Assistance Program by about comes from this program, and I think mission $141.3 million, the State Energy Pro- everyone in this Chamber is well served Ohio Partners for Affordable Energy gram by $25 million, and the Buildings by investment in this program. People Incorporated of Virginia Technologies Program by $60.5 million, I yield back the balance of my time. Polyisocyanurate Insulation Manufactur- basically to the level funded at the 2011 The Acting CHAIR. The question is ers Association on the amendment offered by the gen- Pro Action of Steuben and Yates, Inc. (NY) level. It is offset, as was mentioned, by a reduction of an increase in the Nu- tleman from New York (Mr. TONKO). Safe Climate Campaign The question was taken; and the Act- Schenectady Community Action Program clear Security Administration’s Weap- (NY) ons Activities, which would make that ing Chair announced that the noes ap- S.E. Idaho Community Action Agency, Inc. line item level funded as well. peared to have it. Sierra Club And I believe, as has been said by my Mr. TONKO. Mr. Chairman, I demand Southeastern Association of Community friend from Indiana, as well as my a recorded vote. Action Agencies (NC) friend from New Jersey, that the Weap- The Acting CHAIR. Pursuant to Supportive Housing Network of New York clause 6 of rule XVIII, further pro- The Sheet Metal and Air Conditioning Con- ons Activities Programs are laudable, especially as they relate to the safety ceedings on the amendment offered by tractors National Association, Inc. the gentleman from New York will be (SMACNA) and security of our weapons stockpile. Tompkins Community Action, Inc. (NY) But I think level funding the 2011 levels postponed. The Dow Chemical Company is adequate. AMENDMENT OFFERED BY MR. GARRETT The Mechanical Contractors Association of Mr. GARRETT. Mr. Chairman, I have America (MCAA) b 2030 an amendment at the desk. The Weidt Group When you look at the weatherization The Acting CHAIR. The Clerk will re- Union of Concerned Scientists programs and what they do, you can’t port the amendment. U.S. Green Buildings Council The Clerk read as follows: West CAP (WI) dispute it. Low-income individuals can- West Virginia Community Action Partner- not afford to spend money on effi- Page 23, line 4, after the dollar amount, in- ship, Inc. ciency. It’s just not possible. Yet when sert ‘‘(reduced by $300,000,000)’’. Wider Opportunities for Women they do, it has a positive impact on all Page 24, line 18, after the dollar amount, WSOS Community Action Commission, sorts of other programs, one of which is insert ‘‘(reduced by $32,000,000)’’. Inc. (OH) Page 28, line 13, after the dollar amount, LIHEAP. insert ‘‘(reduced by $167,500,000)’’. I yield back the balance of my time. As was mentioned by my friend from Page 32, line 4, after the dollar amount, in- Mr. FRELINGHUYSEN. Mr. Chair- New York, these programs pay back on sert ‘‘(reduced by $500,000)’’. man, I move to strike the last word. the order of $7, $8, $9, $10, $11 to $1 Page 62, line 2, after the dollar amount, in- The Acting CHAIR. The gentleman spent, not only in savings to low-in- sert ‘‘(increased by $500,000,000)’’. from New Jersey is recognized for 5 come individuals but also to the Fed- Mr. GARRETT (during the reading). minutes. eral Government. This is good for the Mr. Chairman, I ask unanimous con- Mr. FRELINGHUYSEN. In order to economy. It puts people to work. It’s sent to consider the amendment read. increase funding for this energy effi- good for energy efficiency and less- The Acting CHAIR. Is there objection ciency and renewable account, the gen- ening our dependence on foreign to the request of the gentleman from tleman’s amendment again suggests we sources of oil, and it does contribute to New Jersey? decrease funding for weapons activi- the long-term national energy goals for There was no objection. ties. this country as I see them. The Acting CHAIR. The gentleman As I said earlier the modernization of So all that Mr. TONKO and I are look- from New Jersey is recognized for 5 the nuclear complex is a critical na- ing for is level funding for fiscal year minutes.

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.077 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4844 CONGRESSIONAL RECORD — HOUSE July 11, 2011 Mr. GARRETT. Mr. Chairman, I ask Mr. Chairman, the United States is necessary investments in our economy my colleagues to rise with me in sup- home to the most vibrant marketplace as far as research, both as far as renew- port for my amendment, which will of ideas and investors. So the very best ables, as far as fossil energy, as far as save Americans over $500 million. way for government to encourage en- the science account. My amendment before us today ergy innovation and revolutionary The gentleman mentioned advanced makes reasonable and targeted spend- technology is to do what? It is to use solid-state lighting. It is my under- ing reductions in order to do what? that marketplace and get out of the standing that Philips has indicated Achieve significant savings that will way and allow private capital to make that a small investment in manufac- contribute to our Nation’s fiscal those investments. It is in the market- turing technology to improve the health. place where private individuals will as- mechanisms as far as the construction Mr. Chairman, we must really now sess the risks and rewards, and they and manufacturing of these lightbulbs step forward and take bold steps to re- will invest responsibly with their own would allow them to bring back jobs duce spending. And I do commend my money on projects that will merit fur- that are currently outsourced overseas. colleague from the State of New Jersey ther development. If we make that investment, and I hope for the hard work that he has put in, So to conclude, considering the pre- we do, I certainly would want to join and I appreciate so many of the com- carious state of our economy and the with other colleagues to see if, in fact, ments that he has already made on the fiscal condition of this country, the Philips Electronics is good to their floor, pointing out to the other side government can no longer invest in word. But at this point I would state that in so many cases there is money some of these extremely risky and my objection. in these accounts, the money hasn’t unproven projects without regard to I yield back the balance of my time. been spent, and they have taken a seri- loss and expense. Government can no The Acting CHAIR. The question is ous look to try to rein in spending longer play the role of that reckless in- on the amendment offered by the gen- throughout the committee process. For vestor. We must eliminate the waste tleman from New Jersey (Mr. GAR- they realize that our Nation is on a where it exists and encourage the Fed- RETT). path to bankruptcy and we have maxed eral Government to spend the Amer- The question was taken; and the Act- out our Nation’s credit card. ing Chair announced that the noes ap- So while the committee did an admi- ican public’s money in a wise and pru- peared to have it. rable job and made significant cuts in dent manner. Mr. GARRETT. Mr. Chairman, I de- the underlying bill, I stand here my- For that reason I urge my colleagues mand a recorded vote. self, and I and the Republican Study on both sides of the aisle to vote in The Acting CHAIR. Pursuant to Committee believe that we can go fur- favor of this amendment and fiscal re- clause 6 of rule XVIII, further pro- ther than this. So this amendment is a sponsibility. very reasonable attempt at showing I yield back the balance of my time. ceedings on the amendment offered by Mr. FRELINGHUYSEN. Mr. Chair- that this body is serious about cutting the gentleman from New Jersey will be man I rise in opposition to the amend- spending. postponed. ment. Mr. Chairman, for too long the Fed- b 2040 eral Government’s energy programs The Acting CHAIR. The gentleman AMENDMENT OFFERED BY MR. WU have been sold to the American public from New Jersey is recognized for 5 Mr. WU. Mr. Chairman, I have an as basically wise investments that will minutes. amendment at the desk. yield vast new technologies whose Mr. FRELINGHUYSEN. First of all, The Acting CHAIR. The Clerk will re- costs would basically pale in compari- let me compliment my colleague and port the amendment. son to the benefits later on. But when good friend from New Jersey (Mr. GAR- The Clerk read as follows: you think about it, when you think RETT). And, of course, I’m reluctant be- about the billions and billions of dol- cause he’s done his homework and he’s Page 23, line 4, after the dollar amount in- lars that we have spent year after year, worked hard, and I believe, with him, sert ‘‘(increased by $60,500,000)’’. that we need to reduce Federal spend- Page 32, line 4, after the dollar amount in- our energy infrastructure remains sert ‘‘(reduced by $60,500,000)’’. largely the same in many respects, and ing. We’ve been going over a financial The Acting CHAIR. The gentleman we are still here today dependent upon precipice. from Oregon is recognized for 5 min- foreign sources of oil. And energy But we on the Energy and Water utes. prices? Well, they just continue to spi- Committee made a commitment. Of Mr. WU. Mr. Chairman, I rise today ral upward. course, we were given a very low allo- The other side talked wise energy cation, so we had to meet that. But we to urge my colleagues to support my policy. Well, time and time again, Fed- have cut Energy and Water back to ap- commonsense amendment to save con- eral energy programs have failed to proximately the 2006 level after mul- sumers significant costs in heating and live up to their potential. These Fed- tiple hearings. We have put into the cooling their homes and businesses. I eral programs have allowed the govern- bill more oversight. I believe we have am joined by my colleagues Don YOUNG ment to basically play venture capital- made the tough choices. We’ve re- of Alaska, CHARLES BASS of New Hamp- ists, if you will, and they do so not viewed all accounts. We’ve put at the shire, and PAUL TONKO of New York in with their own money. Not at all. They pinnacle, of course, our responsibility this bipartisan, commonsense amend- do it with taxpayer moneys. And de- for national security, national defense, ment. spite the little return on their invest- and the weapons program and the nu- Now, it’s important because build- ment, they have little choice in mak- clear navy, the next class of Ohio bal- ings use more energy than either trans- ing these investments. American tax- listic submarines, and also made sub- portation or industry. Fully 40 percent payers basically are commanded to in- stantial investments in the Army of our energy is consumed by building crease this investment every year. Corps of Engineers. systems and in homes. My friend PAUL For example—I will just give out one I am reluctant to oppose this amend- TONKO cited the figure that 70 percent since we have been here for a long time ment, but I think we’ve made the of electricity in America is used in this evening—the American people are tough choices. I urge Members to op- buildings. being asked by their government to in- pose the amendment. At a time of both record energy costs vest literally millions to promote I yield back the balance of my time. and record unemployment, we need to something called ‘‘advanced solid-state Mr. VISCLOSKY. Mr. Chairman, I protect Americans from crushing en- lighting.’’ What is that? It’s a tech- move to strike the last word. ergy costs by improving the efficiency nology that even its supporters can see The Acting CHAIR. The gentleman of existing and new buildings and is far too expensive to compete in to- from Indiana is recognized for 5 min- homes. It’s not just an issue for cold day’s marketplace. So does this sound utes. weather regions like the State of one of like something that an intelligent in- Mr. VISCLOSKY. I rise also to join my cosponsors, Representative YOUNG vestor would do? I think not. But only my chairman in opposition to the gen- of Alaska. It’s also an issue for hot cli- Members of Congress who are spending tleman’s amendment relative to, again, mates like what we have here in Wash- other people’s money would do so. cutting back on what I think are very ington, DC. Even at this late hour, at

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.153 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4845 8:30 p.m., you can just about hear the It’s not responsible to cut adminis- energy efficiency program. There was a air conditioning straining to keep it tration and oversight, the very thing sign on the wall that said, Please turn cool in this Chamber. The cost for air that both the ranking and I would sug- out the lights when you leave. There conditioning the U.S. Capitol is a for- gest the Department of Energy needs was another room in my younger days tune. It is also very costly at my 13- more than anything. They need people that had a bird, and the light switch foot-wide townhouse near the Capitol, to review their programs, provide ac- came right out through the beak that and, of course, heating cost is a big countability, meet the benchmarks said, Tweet the beak when you leave. issue in my home in Oregon. we’ve set and the timetables we’ve set Lots of those things were going on in The Building Technologies Program and report back to our committee. America’s classrooms, Mr. Chairman. reduces the cost of operating homes So I oppose the amendment and urge They don’t need to originate from and buildings by fostering public-pri- others to do so as well. Washington, D.C. They don’t need the vate partnerships and developing tech- I yield back the balance of my time. U.S. Department of Education and the nologies, techniques, and tools for The Acting CHAIR. The question is U.S. Department of Energy to get in- making homes and businesses more af- on the amendment offered by the gen- volved training children to turn out fordable, productive, and efficient. tleman from Oregon (Mr. WU). the lights. According to the Department of En- The question was taken; and the Act- We’ve heard from speaker after ergy, the Building Technologies Pro- ing Chair announced that the noes ap- speaker after speaker who is trying to gram has resulted in fully $14 billion of peared to have it. move dollars around to make sure that direct savings to the consumer, savings Mr. WU. Mr. Chairman, I demand a we are targeting our few dollars that that have been reinvested in local recorded vote. we have at those critical, cutting-edge economies. Additionally, since its The Acting CHAIR. Pursuant to technology programs, those critical re- founding 20 years ago, the Building clause 6 of rule XVIII, further pro- search programs, those critical infra- Technologies Program has saved the ceedings on the amendment offered by structure programs, and yet here we equivalent of over 12 billion gallons of the gentleman from Oregon will be have a brand new program, Mr. Chair- gasoline. postponed. man, going to teach children to turn This amendment would return the AMENDMENT OFFERED BY MR. WOODALL out the lights when they leave. Building Technologies Program to just Mr. WOODALL. Mr. Chairman, I have I think that is a wonderful goal, and its current fiscal year 2011 funding an amendment at the desk. I hope parents across America who are level. This amendment will cost noth- The Acting CHAIR. The Clerk will re- watching this tonight, Mr. Chairman, ing extra because it is fully offset by port the amendment. will take this as their push to go and taking funds from the Office of the The Clerk read as follows: begin that program at home if they Secretary. According to the Energy and Water Page 23, line 4, after the dollar amount, in- haven’t already. Knowing how tight sert ‘‘(reduced by $200,000)’’. Appropriations Subcommittee report, dollars are in my community, I’m sure Page 62, line 2, after the dollar amount, in- families are already doing that. ‘‘a significant fraction of the funding sert ‘‘(increased by $200,000)’’. directed in prior appropriations reports But this is a serious issue that re- The Acting CHAIR. The gentleman quires folks across this board to come to specified energy efficiency and re- from Georgia is recognized for 5 min- newable energy activities has been di- together to make the kinds of spending utes. decisions that we have to make to dig verted by department management to Mr. WOODALL. Mr. Chairman, I real- other purposes in recent years. In some ourselves out of this hole. Creating new ize $200,000 doesn’t seem like a lot of programs to do something that are cases, as much as 12 percent of the money as we talk about millions and funding directed by the Congress for State responsibilities, local respon- billions and then on to trillions. But, this activity has been diverted.’’ sibilities, family responsibilities, this Mr. Chairman, when I got this press re- The offset for this amendment will is not the time nor the bill for it, Mr. simply return the funds to the Building lease from the Department of Energy Chairman. And I urge my colleagues to Technologies Program as intended by dated May 24, 2011, it read this: support this amendment, to cut this The U.S. Department of Energy, to- this Congress. This, my colleagues, is $200,000 and eliminate this new pro- low-hanging fruit, and we should pick gether with the U.S. Department of gram and put these dollars in the it. Education, today announces the launch spending reduction account before the I want to thank my colleagues DON of a new energy education initiative, new school year begins. YOUNG, CHARLES BASS, and PAUL TONKO America’s Home Energy Education I yield back the balance of my time. Challenge, to educate America’s youth for their joint sponsorship. b 2050 I urge passage of this amendment, about the benefits of energy efficiency. and I yield back the balance of my Now, Mr. Chairman, you know as I Mr. FRELINGHUYSEN. Mr. Chair- time. do, this committee has been asked to man, I move to strike the last word. Mr. FRELINGHUYSEN. I move to make tough, tough decisions about how The Acting CHAIR. The gentleman strike the last word. to allocate money in this appropria- from New Jersey is recognized for 5 The Acting CHAIR. The gentleman tions bill and has done an amazing job minutes. from New Jersey is recognized for 5 in doing that. And yet what we con- Mr. FRELINGHUYSEN. I rise to minutes. tinue to see out of agencies from down- speak in support of the gentleman from Mr. FRELINGHUYSEN. Mr. Chair- town is the creation of new programs. Georgia’s amendment. He is so articu- man, I rise to oppose the gentleman’s Now you know as I know that we late and so convincing, we are willing amendment, but I give him credit for could go through and eliminate, we to accept his amendment. pursuing it. I have already noted that could zero out this entire appropria- Mr. VISCLOSKY. Will the gentleman the bill reduces funds for Energy Effi- tions bill and we wouldn’t be anywhere yield? ciency and Renewable Energy activi- close to balance. We could zero out all Mr. FRELINGHUYSEN. I yield to the ties from that account because the gov- the discretionary spending and gentleman from Indiana. ernment needs to live within its means wouldn’t be close to balance. And I Mr. VISCLOSKY. I would like to and really because they don’t need any wonder if folks downtown are getting thank the gentleman from Georgia for additional funding. that same message. Now more than providing us with a copy of the amend- This amendment increases that ac- ever is not the right time to start a ment ahead of time and join with the count despite, as I said earlier, $9 bil- new program for which there is no de- chairman in accepting the amendment. lion in unspent stimulus money. But mand and bring that to the American Mr. FRELINGHUYSEN. One of the perhaps the amendment illustrates how people. convincing arguments you made, you there is simply no room to increase Now, Mr. Chairman, I grew up before made reference to the Department of funding for this provision, as the there was a Department of Energy. And Energy newsletter, a new program amendment makes an unrealistic cut believe it or not—and this program is where maybe personal responsibility to departmental administration to do targeted at folks in grades 3 to 8—when should be perhaps ahead of what they so. I was in elementary school, we had an may suggest.

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.157 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4846 CONGRESSIONAL RECORD — HOUSE July 11, 2011 I yield back the balance of my time. But their government-funded windfall a long time. But also in the last dec- The Acting CHAIR. The question is comes at the expense of not only the ade, 15 years, there have been extraor- on the amendment offered by the gen- hardworking Americans who are the dinary increases in the efficiencies in tleman from Georgia (Mr. WOODALL). source of this largess; it comes at the the solar systems, and they continue to The amendment was agreed to. expense of our ability to generate the increase. AMENDMENT OFFERED BY MR. MCCLINTOCK most energy for the lowest price. This is not the time for us to back Mr. MCCLINTOCK. Mr. Chairman, I Perhaps it is just human nature that away from the future. It is time for us have an amendment at the desk. the more we invest in our mistakes, to move aggressively forward, pro- The Acting CHAIR. The Clerk will re- the less willing we are to admit them. viding the research, providing the in- port the amendment. But with the mistakes of the last 30 centives to move to a new source of en- The Clerk read as follows: years now contributing to the bank- ergy. Page 23, line 4, after the dollar amount, in- ruptcy of our country and the impover- If you want to continue to pollute sert ‘‘(reduced by $166,143,000)’’. ishment of our people, perhaps it is the atmosphere, then stay with coal. If Page 62, line 2, after the dollar amount, in- time to tell not only the solar industry you want to continue to be indebted to sert ‘‘(increased by $166,143,000)’’. but every part of the energy sector, get the petro dictators of the world, then The Acting CHAIR. The gentleman off the public dole, compete on your stay with oil. But we need to move from California is recognized for 5 min- own merit, and restore to consumers away from that. And this money in this utes. the accurate and unadulterated price particular part of the bill provides us Mr. MCCLINTOCK. Mr. Chairman, signals that they need to make ration- with the opportunity to seize the next this amendment saves $166 million by al decisions in the marketplace. generation of power, and that is the relieving taxpayers of having to sub- I yield back the balance of my time. sun. Yes, the sun has been around a sidize yet another year of handouts to Mr. VISCLOSKY. Mr. Chairman, I long time, warming us and providing us the solar industry. move to strike the last word. with what we need to survive. We need Solar power is not some fragile, new The Acting CHAIR. The gentleman to use it more effectively and effi- technology. Photovoltaic electricity from Indiana is recognized for 5 min- ciently, and that is what this money generation was invented by Edmund utes. allows us to do. Removing the $154 mil- Becquerel in 1839, more than 170 years Mr. VISCLOSKY. I rise in opposition lion is exactly the wrong thing to do. I ago. And in more than 170 years of con- to the gentleman’s amendment for rea- oppose the amendment. tinuing research and development and sons I have stated on other very simi- I yield back the balance of my time. technological advancement, not to lar amendments relative to energy re- Mr. FRELINGHUYSEN. Mr. Chair- mention untold billions of taxpayer search into renewable accounts. man, I move to strike the last word. subsidies, we have not yet invented a I would point out there has been ref- The Acting CHAIR. The gentleman more expensive way to generate elec- erence about the care that the sub- from New Jersey is recognized for 5 tricity. committee has taken as far as drafting minutes. Yet we’re perfectly comfortable tell- this legislation. Stated in the com- Mr. FRELINGHUYSEN. I oppose this ing our constituents that we are taking mittee report is language relative to amendment, but agree with the gentle- another $166 million from their fami- solar, that the committee encourages man’s concern about the use of the tax- lies this year to throw at this 19th-cen- the Department to include in its efforts payers’ dollars. In this account, which tury technology for no particular rea- disruptive solar energy utilization we have been debating for perhaps an son other than it makes us feel good. technologies, fabrication methods that hour and a half, I don’t think any pro- Not only is this the most expensive yield ultra-low-cost solar cells, tech- gram has probably had a larger cut way we have ever invented to generate nology for ultrahigh efficiency solar than the solar program, perhaps for the electricity; it also adds nothing to our cells, and technologies designed to sim- very reasons that the gentleman raises. baseline power. Our electricity systems ulate the operation of solar cells and Solar technologies have been around operate on an integrated grid, meaning other methods to yield advance for a long time. We have a fairly viable we constantly have to match the power sciences. public sector, but I still think we do going onto the grid with the power The committee also recommended no need within the Department of Energy coming off the grid. And since there’s funding for solar demonstration zone people in the Department of Energy no way to predict when a cloud passing projects, as the Department has ade- who can put together and provide some over a solar array will immediately quate facilities at its existing labora- degree of expertise and advice to a va- drop the output to zero, we have to tories. So they certainly recognized riety of different entrepreneurs. construct an equal amount of reliable that they did not want money ex- So I reluctantly oppose the amend- conventional power to back it up at a pended in that area. ment, but certainly know his heart is moment’s notice. The committee also indicated in its in the right place. In other words, for every kilowatt of report that it is aware of the signifi- I yield back the balance of my time. solar power we add to the grid, we also cant cost and efficiency advantages The Acting CHAIR. The question is have to add an additional kilowatt of that solar films can provide to thin on the amendment offered by the gen- backup power. If this technology was film and crystalline silicon modules, tleman from California (Mr. MCCLIN- truly on the verge of a breakthrough, and we encouraged the Department to TOCK). it would be the hottest thing in the expand the funding of solar film re- The question was taken; and the Act- stock market right now, and investors search and development. ing Chair announced that the noes ap- would be tripping over themselves to So, again, the moneys that are pro- peared to have it. get a piece of the action. They are not. vided, which are very tight, are also Mr. MCCLINTOCK. Mr. Chairman, I We have no right to take our con- very thoughtfully put forth with very demand a recorded vote. stituents’ money and put it into yet directive language by the committee. The Acting CHAIR. Pursuant to another losing proposition. We’re told For that reason, I do oppose the gen- clause 6 of rule XVIII, further pro- the solar industry is making great tleman’s amendment. ceedings on the amendment offered by strides in the marketplace. Lots of new I yield back the balance of my time. the gentleman from California will be jobs. That’s true, but it is making Mr. GARAMENDI. Mr. Chairman, I postponed. those strides not on its own merit, but move to strike the last word. The Clerk will read. solely because we are hiding its true The Acting CHAIR. The gentleman The Clerk read as follows: cost from consumers through massive from California is recognized for 5 min- ELECTRICITY DELIVERY AND ENERGY tax subsidies that in turn we are bor- utes. RELIABILITY rowing from the Chinese. Mr. GARAMENDI. We clearly have to For Department of Energy expenses includ- It is true that if you hand over $166 move away from fossil fuels. In order ing the purchase, construction, and acquisi- million of taxpayer money to certain to do so, we need to understand the tion of plant and capital equipment, and solar corporations, those corporations other opportunities that are available other expenses necessary for electricity de- are going to do very well financially. to us. Indeed, solar has been around for livery and energy reliability activities in

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.160 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4847 carrying out the purposes of the Department has the largest need for the power and we have expressed for 2 years, the ad- of Energy Organization Act (42 U.S.C. 7101 et the DOE has the expertise and would ministration must develop a more sen- seq.), including the acquisition or condemna- build and maintain the facility. The $10 sible plan. Therefore, I oppose the tion of any real property or any facility or million requested this year in the amendment, and urge Members to do for plant or facility acquisition, construc- tion, or expansion, $139,496,000, to remain NASA budget was included in the CJS likewise. available until expended. billing making its way through the Ap- I yield back the balance of my time. Mr. HOLT. Mr. Chairman, I move to NUCLEAR ENERGY propriations Committee. This 50/50 cost share is consistent with the decades- strike the last word. For Department of Energy expenses includ- The Acting CHAIR. The gentleman ing the purchase, construction, and acquisi- long history of the RTG program in tion of plant and capital equipment, and which NASA has paid for each RTG from New Jersey is recognized for 5 other expenses necessary for nuclear energy produced for its purposes and the DOE minutes. activities in carrying out the purposes of the has paid for the infrastructure re- Mr. HOLT. I would like to make a Department of Energy Organization Act (42 quired. brief comment in support of the gentle- U.S.C. 7101 et seq.), including the acquisition In the context of the nuclear energy man’s amendment. or condemnation of any real property or any research budget, which, in fact, re- As he said and as I would like to reit- facility or for plant or facility acquisition, erate, there is a class of space explo- construction, or expansion, and the purchase ceives a modest increase in this bill, this is a very small project, but it ration that cannot be carried out with- of not more than 10 buses, all for replace- out these RTGs. Our domestic supply is ment only, $733,633,000, to remain available would have an outsized influence on until expended. our ability to do the kind of space ex- unreliable at best, essentially non- existent, and it takes a while to regen- AMENDMENT OFFERED BY MR. SCHIFF ploration that no one else in the world erate that. Mr. SCHIFF. Mr. Chairman, I have can. It may also provide an oppor- tunity for national security agencies to I strongly support the gentleman’s an amendment at the desk. move to restart that program so that The Acting CHAIR. The Clerk will re- pursue important projects that would we could have a reliable domestic pro- port the amendment. otherwise not be available. gram for deep space exploration that The Clerk read as follows: I hope that every Member can sup- port this amendment so that we can cannot be conducted in any way with Page 24, line 6, after the dollar amount in- other energy sources. I think it is a sert ‘‘(reduced by $10,000,000) (increased by continue the long history of space ex- $10,000,000)’’. ploration for which this Nation is reasonable amendment and is not over- stated, and I would urge its adoption. The Acting CHAIR. The gentleman known around the world. With that, Mr. Chairman, I yield I yield back the balance of my time. from California is recognized for 5 min- Mr. VISCLOSKY. Mr. Chairman, I utes. back the balance of my time. Mr. FRELINGHUYSEN. I move to move to strike the last word. The Acting CHAIR. The gentleman b 2100 strike the last word. Mr. SCHIFF. Mr. Chairman, my The Acting CHAIR. The gentleman from Indiana is recognized for 5 min- amendment is very simple. Of the $733 from New Jersey is recognized for 5 utes. Mr. VISCLOSKY. I rise in opposition million appropriated in this bill for nu- minutes. to the gentleman’s amendment. clear energy research at the Depart- Mr. FRELINGHUYSEN. Mr. Chair- I certainly appreciate, again, the ment of Energy, it separates out $10 man, I rise in opposition to the gentle- gentleman’s seriousness in offering it. I million to spend on a cooperative effort man’s amendment, but let me thank appreciate what he wants to accom- with NASA to restart the production of him for his historical perspective of plish, but the history of this issue has plutonium-238. the department and of its initial re- been discussed by a number of speak- Advancing the state of nuclear en- sponsibility and for his own deep ers. ergy technology was the initial mission knowledge, which he shared with many The fact is there have been Presi- of the DOE, and it was hugely success- of us in the House, of its necessity in dents of both parties who have made ful, developing technologies now used terms of space exploration. this recommendation over the last 3 in power plants, submarines and deep The gentleman’s amendment in- years, and there has been directive lan- space missions. This last focus is now creases funding for the plutonium-238 guage by this committee under the di- one of the smallest: DOE spends about production restart project, as it’s rection of both political parties over $40 million a year building plutonium- called. To do so, funding for other valu- the last 3 years. The point is there is a 238 radioisotope thermal generators, able nuclear energy activities would benefit to another agency in the gov- RTGs, for NASA and for national secu- have to be cut, including the advanced ernment outside the Department of En- rity purposes. This program began in reactor concept research, fuel cycle de- ergy picking up a reasonable cost, and the fifties. RTGs flew on all of the velopment, and promising avenues like there ought to be an agreement. Until Apollo missions and many times since. small modular reactors licensing and that is done, I would, with all due re- In deep space, RTGs are often the only research. spect, rise to oppose the gentleman’s The administration has proposed this possible source of power. amendment. Unfortunately, in the early nineties, new project for several years in order I yield back the balance of my time. the U.S. shut down plutonium-238 pro- to increase domestic supplies of pluto- The Acting CHAIR. The question is duction, and since then, the Depart- nium-238. The vast majority of this ma- on the amendment offered by the gen- ment of Energy has been using stock- terial, as Mr. SCHIFF has said, would be tleman from California (Mr. SCHIFF). piled material and material purchased used by NASA for in-space power sup- The question was taken; and the Act- from Russia to build these devices. Re- plies, and only a small fraction would ing Chair announced that the ayes ap- cently, though, Russia refused to con- be used by the Department of Energy. peared to have it. tinue that relationship, and our supply Unfortunately, after the committee re- Mr. SCHIFF. Mr. Chairman, I de- of plutonium-238 is almost exhausted. peatedly expressed concerns since fis- mand a recorded vote. There are no other viable ways to pro- cal year 2010, the administration once The Acting CHAIR. Pursuant to vide this power, so the U.S. must re- again proposed in the 2012 budget re- clause 6 of rule XVIII, further pro- start production to allow any deep quest for the Department of Energy to ceedings on the amendment offered by space or national security uses to con- share a full half of the project’s finan- the gentleman from California will be tinue. cial cost. The administration has nei- postponed. This project has been requested in ther altered its stance nor addressed or AMENDMENT OFFERED BY MR. GARAMENDI the last three budget requests, under even acknowledged the committee’s Mr. GARAMENDI. I have an amend- the Bush and Obama administrations. concerns about this disproportionate ment at the desk. Over the course of 5 years, the total sharing. The Acting CHAIR. The Clerk will re- cost of the project is estimated at $75- The funding plans in the budget re- port the amendment. $90 million. By agreement between the quest and the amendment simply don’t The Clerk read as follows: agencies, the project would be equally make sense, particularly given the Page 24, line 6, after the dollar amount, in- funded by NASA and the DOE as NASA other critical priorities in this bill. As sert ‘‘(increased by $20,000,000)’’.

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.061 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4848 CONGRESSIONAL RECORD — HOUSE July 11, 2011 Page 24, line 18. after the dollar amount, develop a specific type of reprocessing of budget authority or outlays in the insert ‘‘(reduced by $20,000,000)’’. plan and facility, the integral fast re- bill. Mr. FRELINGHUYSEN. Mr. Chair- actor. Because the amendment offered by man, I reserve a point of order on the Let me say I appreciate our colleague the gentleman from California pro- gentleman’s amendment. from California’s passion for moving poses a net increase in the level of out- The Acting CHAIR. The gentleman forward our Nation’s strategy for han- lays in the bill, as argued by the chair- reserves a point of order. dling spent nuclear fuel, and I want to man of the Subcommittee on Appro- The gentleman from California is thank him for the many times he ap- priations, it may not avail itself of recognized for 5 minutes. proached me on this issue. I and many clause 2(f) to address portions of the Mr. GARAMENDI. This particular of my colleagues share the gentleman’s bill not yet read. section provides $700 million-plus for concerns, and I have repeatedly pushed The point of order is sustained. The nuclear power research, various kinds. the administration to move forward at amendment is not in order. The chairman spoke to this issue a few least one piece of the solution, which is The Clerk will read. moments ago. the Yucca Mountain repository. There The Clerk read as follows: The purpose of my amendment is to is, however, ongoing debate about the FOSSIL ENERGY RESEARCH AND DEVELOPMENT carve out of that $700 million-plus a future of the back end of our Nation’s For necessary expenses in carrying out fos- sum of $20 million to restart America’s fuel cycle. sil energy research and development activi- program on recycling spent nuclear There are many approaches, includ- ties, under the authority of the Department fuel. We currently call this spent nu- ing open, closed and modified fuel cy- of Energy Organization Act (Public Law 95– cles. Each of these approaches—some of 91), including the acquisition of interest, in- clear fuel a ‘‘waste’’ when, in fact, it cluding defeasible and equitable interests in still possesses about 97 percent of the which utilize reprocessing facilities— any real property or any facility or for plant energy that was originally in the ura- are far from straightforward and can be or facility acquisition or expansion, and for nium and then processed once through accomplished using a variety of com- conducting inquiries, technological inves- the light water reactors. The purpose peting technologies. While I appreciate tigations and research concerning the ex- of the amendment is to restart. my colleague’s desire to move the Na- traction, processing, use, and disposal of In the 1960s, 1970s and 1980s, America tion forward, we must carefully evalu- mineral substances without objectionable so- undertook a program to close the nu- ate these highly technical issues to ad- cial and environmental costs (30 U.S.C. 3, dress the economic safety and non- 1602, and 1603), $476,993,000, to remain avail- clear fuel cycle. That was abandoned in able until expended: Provided, That for all 1994 after a successful effort to recycle proliferation impacts that accompany programs funded under Fossil Energy appro- and to use that energy that is found in any fuel cycle option. The gentleman’s priations in this Act or any other Act, the the nuclear fuel. Unfortunately, now amendment chooses one winning tech- Secretary may vest fee title or other prop- this spent nuclear fuel, which we call a nology, and I believe it deserves more erty interests acquired under projects in any ‘‘waste product,’’ is sitting at every re- careful evaluation before moving for- entity, including the United States. actor in the United States and mostly ward. AMENDMENT OFFERED BY MR. GARAMENDI around the world, creating a signifi- POINT OF ORDER Mr. GARAMENDI. Mr. Chairman, I cant hazard. We only need to think Mr. FRELINGHUYSEN. Mr. Chair- have an amendment at the desk. about Fukushima’s little swimming man, I insist on my point of order. The Acting CHAIR. The Clerk will re- pool that went dry and of the melt- The Acting CHAIR. The gentleman port the amendment. down that occurred at that point. will state his point of order. The Clerk read as follows: We need to recycle and completely Mr. FRELINGHUYSEN. Mr. Chair- Page 24, line 18, after the dollar amount in- use, or as much as possible completely man, the amendment proposes to sert ‘‘(reduced by $450,000,000)’’. use, the energy in these spent nuclear amend portions of the bill not yet read. Page 28, line 23, after the dollar amount in- sert ‘‘(increased by $450,000,000)’’. fuel pools. If we do so, we can do it in The amendment may not be considered a way that significantly reduces the en bloc under clause 2(f) of rule XXI be- The Acting CHAIR. The gentleman hazards and that significantly reduces cause of outlays in the bill. from California is recognized for 5 min- the longevity of the problem from I ask for a ruling from the Chair. utes. some 200,000 to some 300 years and cre- The Acting CHAIR. Does any Member Mr. GARAMENDI. This amendment ate an enormous energy opportunity. wish to speak on the point of order? would transfer $450 million from the This is a beginning. There is a long Mr. GARAMENDI. I do wish to speak Fossil Fuel Research Account to path ahead of us, and we have to start on the point of order. ARPA-E. The reason for the amend- on this immediately. That is the pur- The Acting CHAIR. The gentleman ment is that we have to move off the pose of this. Unfortunately, it is going from California is recognized. 19th-century fuel, that is, coal and oil, to be ruled out of order. However, in Mr. GARAMENDI. I think the point and move to future energy sources, one the future, as we move forward, I would of order is out of order. In fact, the of which I talked about a few moments hope that the committee and this issue before us is of utmost importance ago, that is, the nuclear. The other en- House and the Senate deem fit to put to this Nation—and indeed to the ergy sources are out there. We dis- this kind of program back into action. world—as more and more light water cussed on this floor here over the last With that, I yield back the balance of reactors are built. hour the issue of solar. There are fuels, my time. The problem of spent fuel continues advanced biofuels. There are also wind, to mount and creates hazards. The solar, wave, geothermal. All of these b 2110 United States did, in fact, figure out are being advanced at this time by the Mr. FRELINGHUYSEN. Mr. Chair- how to close the nuclear gap. ARPA-E program within the Depart- man, I continue to reserve my point of The Acting CHAIR. The gentleman ment of Energy. That’s where the fu- order. needs to speak to the point of order. ture is. The Acting CHAIR. The point of Mr. GARAMENDI. I’m working to- Now, we can make a choice here order is reserved. wards that. about staying with the past and trying Mr. FRELINGHUYSEN. I rise in op- The Acting CHAIR. Well, the gen- to figure out how to create clean coal, position to the amendment. tleman needs to speak to the point of which is probably the oxymoron of the The Acting CHAIR. The gentleman order. century, or we can simply shift our re- from New Jersey is recognized for 5 Mr. GARAMENDI. The point of order sources to look at other energy minutes. that I would have wished to speak to, I sources, and that’s what we have to do. Mr. FRELINGHUYSEN. Mr. Chair- will yield back my time and take up The purpose of this amendment is to do man, I will insist on my point of order the subject later. that, to shift $450 million into ARPA-E but would first make a few comments. The Acting CHAIR. The Chair is pre- so that we can look for the energy sys- The gentleman’s amendment pre- pared to rule. tems of the future, providing the sup- scribes a path forward for the back end To be considered en bloc pursuant to port that they need both in the re- of the nuclear energy fuel cycle by di- clause 2(f) of rule XXI, an amendment search and in the early development of recting the Department of Energy to must not propose to increase the levels those resources.

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.059 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4849 There has been much success in this research being done at the Joint Ge- appropriations for energy and water de- area. There have been numerous re- nome Institute that was established in velopment and related agencies for the search programs that have been done 1997 under President Clinton. fiscal year ending September 30, 2012, not only at the Department of Energy I, at this point in time, would like to and for other purposes, had come to no facilities, but at universities around make sure that ARPA-E works over a resolution thereon. this country that have taken advan- longer term, as advertised, and that as f tage of the ARPA-E program. It is advertised the Department takes that modeled after the very successful and culture that is being developed at LEAVE OF ABSENCE very long-lasting Department of De- ARPA-E and to infuse it into these By unanimous consent, leave of ab- fense ARPA program, and it works. other programs and to show the Con- sence was granted to: We’ve actually seen major scientific gress of the United States there is com- Mr. DAVIS of Illinois (at the request breakthroughs that have occurred as a munication between these numerous of Ms. PELOSI) for today. result of the funding from the ARPA-E programs before we provide any addi- Ms. BROWN of Florida (at the request program. tional monies over and above those of Ms. PELOSI) for today on account of Modest as it was, if this amendment called for in the bill. official business in the district. were to be adopted, it would be a very So again, very respectfully, I would f big program, one that has the potential oppose the gentleman’s amendment. of advancing this Nation’s future and Mr. Chairman, I yield back the bal- ADJOURNMENT freeing us—in the case of oil—from the ance of my time. Mr. FRELINGHUYSEN. Mr. Speaker, petro dictators of the world and also, b 2120 I move that the House do now adjourn. in the case of coal, from the extraor- The motion was agreed to; accord- dinary problems that coal brings to the Mr. FRELINGHUYSEN. Mr. Chair- ingly (at 9 o’clock and 24 minutes environment and to communities man, I move to strike the last word. p.m.), under its previous order, the throughout this Nation. I understand The Acting CHAIR. The gentleman House adjourned until tomorrow, Tues- the coal industry and their desire to from New Jersey is recognized for 5 day, July 12, 2011, at 10 a.m. for morn- continue to dig for coal, but we know minutes. ing-hour debate. Mr. FRELINGHUYSEN. I rise to op- that at some point we’re going to have f to move away into the future, and that pose the amendment but also to asso- is what this amendment would attempt ciate myself with the ranking mem- to accomplish. ber’s comments on ARPA-E, which I’m supportive of. Of course our colleague’s EXECUTIVE COMMUNICATIONS, Mr. Chairman, I yield back the bal- ETC. ance of my time. amendment would add funding to Mr. VISCLOSKY. Mr. Chairman, I ARPA-E, which receives some $100 mil- Under clause 2 of rule XIV, executive move to strike the last word. lion in our bill; but the way he would communications were taken from the The Acting CHAIR. The gentleman do it would be virtually to eliminate Speaker’s table and referred as follows: from Indiana is recognized for 5 min- funding for the Fossil Energy Research 2367. A letter from the Administrator, De- utes. and Development program, I think partment of Agriculture, transmitting the Mr. VISCLOSKY. With all respect, I causing excessive job losses. And I Department’s final rule — Pears Grown in do rise in opposition to the gentle- think the program makes major con- Oregon and Washington; Amendment To man’s amendment. I appreciate his tributions. Allow Additional Exemptions [Doc. No.: Of course we can’t forget that fossil AMS-FV-10-0072; FV10-927-1 FIR] received comments about ARPA-E. I appreciate June 13, 2011, pursuant to 5 U.S.C. the purpose behind its creation. And I fuels, coal, and natural gas generate 801(a)(1)(A); to the Committee on Agri- will certainly acknowledge that it about 70 percent of our Nation’s elec- culture. would appear at ARPA-E there is a new tricity. ARPA-E may someday gen- 2368. A letter from the Administrator, De- culture, if you would, at that element erate a much greater percentage than partment of Agriculture, transmitting the of the Department of Energy to move perhaps it potentially does today, but Department’s final rule — User Fees for 2011 projects along and to have a conclusion we’re a long way from there. So I op- Crop Cotton Classification Services to Grow- to research. pose the gentleman’s amendment and ers [AMS-CN-10-0111; CN-11-001] (RIN: 0581- As I indicated in my opening remarks certainly the source, using the Fossil AD11) received June 13, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- in general debate on this bill, I wish Fuels account for this additional riculture. the Department of Energy had brought money, that he suggests. 2369. A letter from the Administrator, De- the same vigor and that same commit- I yield back the balance of my time. partment of Agriculture, transmitting the ment that they had to ARPA-E to ex- The Acting CHAIR. The question is Department’s final rule — Nectarines and isting programs at the Department of on the amendment offered by the gen- Peaches Grown in California; Suspension of Energy because my concern is that at tleman from California (Mr. Handling Requirements [Doc. No.: AMS-FV- some point in time we have too many GARAMENDI). 11-0019; FV11-916/917-5 IR] received June 13, programs that are going to solve the The question was taken; and the Act- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. problem and we’re tripping over each ing Chair announced that the noes ap- 2370. A letter from the Administrator, De- other. peared to have it. partment of Agriculture, transmitting the At this point, we have 46 Energy Mr. GARAMENDI. Mr. Chairman, I Department’s final rule — Grapes Grown in Frontier Research Centers, and there is demand a recorded vote. Designated Area of Southeastern California; a request to add three to eight more. The Acting CHAIR. Pursuant to Increases Assessment Rate [Doc. No.: AMS- We have a new administration, and it clause 6 of rule XVIII, further pro- FV-10-0104; FV11-925-1 FR] received June 13, is not unique to the Obama administra- ceedings on the amendment offered by 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion that at the Department of Energy the gentleman from California will be Committee on Agriculture. postponed. 2371. A letter from the Administrator, De- we need, as I would characterize it, a partment of Agriculture, transmitting the new silver ball to chase around. We Mr. FRELINGHUYSEN. Mr. Chair- Department’s final rule — Olives Grown in need new hubs so that people can talk man, I move that the Committee do California; Decreased Assessment Rate [Doc. to each other about critical research. now rise. No.: AMS-FV-10-0115; FV11-932-1 IR] received At this point in time, there are three The motion was agreed to. June 13, 201, pursuant to 5 U.S.C. 801(a)(1)(A); hubs in place, as I understand, for Accordingly, the Committee rose; to the Committee on Agriculture. about 18 months. There are two more and the Speaker pro tempore (Mr. 2372. A letter from the Administrator, De- called for in this bill, totaling five. BROUN of Georgia) having assumed the partment of Agriculture, transmitting the Department’s final rule — Raisins Produced We need a bioenergy research center. chair, Mr. CONAWAY, Acting Chair of From Grapes Grown in California; Increased There are now three in the United the Committee of the Whole House on Assessment Rate [Doc. No.: AMS-FV-10-0090; States: one in Berkeley, California; one the state of the Union, reported that FV10-989-3 FR] received June 13, 2011, pursu- in Madison, Wisconsin; and one in Oak that Committee, having had under con- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Ridge, Tennessee. We also need defined sideration the bill (H.R. 2354) making on Agriculture.

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.174 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4850 CONGRESSIONAL RECORD — HOUSE July 11, 2011 2373. A letter from the Administrator, De- June 24, 2011, pursuant to 5 U.S.C. H.R. 2482. A bill to establish the sense of partment of Agriculture, transmitting the 801(a)(1)(A); to the Committee on Financial Congress that Congress should enact, and the Department’s final rule — Federal Seed Act Services. President should sign, bipartisan legislation Regulations [Doc. No.: AMS-LS-08-0002] 2384. A letter from the Assistant Legal Ad- to strengthen public safety and to enhance (RIN: 0581-AC74) received June 13, 2011, pur- viser for Treaty Affairs, Department of wireless communications, and for other pur- suant to 5 U.S.C. 801(a)(1)(A); to the Com- State, transmitting report prepared by the poses; to the Committee on Energy and Com- mittee on Agriculture. Department of State concerning inter- merce, and in addition to the Committees on 2374. A letter from the Administrator, De- national agreements other than treaties en- Science, Space, and Technology, and Armed partment of Agriculture, transmitting the tered into by the United States to be trans- Services, for a period to be subsequently de- Department’s final rule — Regulations mitted to the Congress within the sixty-day termined by the Speaker, in each case for Issued Under the Export Grape and Plum period specified in the Case-Zablocki Act; to consideration of such provisions as fall with- Act; Revision to the Minimum Requirements the Committee on Foreign Affairs. in the jurisdiction of the committee con- [Doc. No.: AMS-FV-10-0091; FV11-35-1 FR] re- 2385. A letter from the Chief Human Cap- cerned. ceived June 13, 2011, pursuant to 5 U.S.C. ital Officer, Corporation for National and By Mr. GRIMM (for himself, Mr. GAR- 801(a)(1)(A); to the Committee on Agri- Community Service, transmitting a report RETT, Mr. STIVERS, and Mr. CAMP- culture. pursuant to the Federal Vacancies Reform BELL): 2375. A letter from the Administrator, De- Act of 1998; to the Committee on Oversight H.R. 2483. A bill to amend the Securities partment of Agriculture, transmitting the and Government Reform. Exchange Act of 1934 and the Commodity Ex- Department’s final rule — Irish Potatoes 2386. A letter from the Secretary, Depart- change Act to modify certain provisions re- Grown in Washington; Decreased Assessment ment of Education, transmitting the sixty- lating to whistleblower incentives and pro- Rate [Doc. No.: AMS-FV-11-0012; FV11-946-2 second Semiannual Report to Congress of the tection; to the Committee on Financial IR] received June 13, 2011, pursuant to 5 Office of the Inspector General for the period Services, and in addition to the Committee U.S.C. 801(a)(1)(A); to the Committee on Ag- October 1, 2010, through March 31, 2011; to on Agriculture, for a period to be subse- riculture. the Committee on Oversight and Govern- quently determined by the Speaker, in each 2376. A letter from the Administrator, De- ment Reform. case for consideration of such provisions as partment of Agriculture, transmitting the 2387. A letter from the Chair, Equal Em- fall within the jurisdiction of the committee Department’s final rule — Blueberry Pro- ployment Opportunity Commission, trans- concerned. motion, Research, and Information Order; mitting the Inspector General’s Semiannual By Mr. HARRIS (for himself, Mrs. Section 610 Review [Document Number: Report to Congress for the period ending CHRISTENSEN, Mr. MICHAUD, Mr. GRI- AMS-FV-10-0006] received June 13, 2011, pur- March 31, 2011; to the Committee on Over- JALVA, Ms. PINGREE of Maine, and suant to 5 U.S.C. 801(a)(1)(A); to the Com- sight and Government Reform. Mr. MACK): mittee on Agriculture. 2388. A letter from the Branch of Recovery H.R. 2484. A bill to reauthorize the Harmful 2377. A letter from the Deputy Director, and Delisting, Department of the Interior, Algal Bloom and Hypoxia Research and Con- Food and Community Resources, Depart- transmitting the Department’s final rule — trol Act of 1998 to include a comprehensive ment of Agriculture, transmitting the De- Endangered and Threatened Wildlife and and integrated strategy to address harmful partment’s final rule — Competitive and Plants; Reinstatement of Listing Protec- algal blooms and hypoxia, to provide for the Noncompetitive Non-Formula Federal As- tions for the Virginia Northern Flying Squir- development and implementation of a com- sistance Programs—Specific Administrative rel in Compliance With a Court Order [Dock- prehensive research plan and action strategy Provisions for the Beginning Farmer and et No.: FWS-R5-ES-2011-0035] (RIN: 1018- to reduce harmful algal blooms and hypoxia, Rancher Development Program (RIN: 0524- AX80) June 24, 2011, pursuant to 5 U.S.C. and for other purposes; to the Committee on AA59) received June 20, 2011, pursuant to 5 801(a)(1)(A); to the Committee on Natural Science, Space, and Technology, and in addi- U.S.C. 801(a)(1)(A); to the Committee on Ag- Resources. tion to the Committee on Natural Resources, riculture. 2389. A letter from the Secretary, Depart- for a period to be subsequently determined 2378. A letter from the Chairman and Chief ment of Health and Human Services, trans- by the Speaker, in each case for consider- Executive Officer, Farm Credit Administra- mitting the Department’s determination on ation of such provisions as fall within the ju- tion, transmitting the Administration’s final a petition on behalf of workers from the risdiction of the committee concerned. rule — Federal Agricultural Mortgage Cor- Linde Ceramics Plant in Tonawanda, New By Mr. THOMPSON of Pennsylvania poration Funding and Fiscal Affairs; Farmer York, to be added to the Special Exposure (for himself, Mr. BUTTERFIELD, Mr. Mac Risk-Based Capital Stress Test, Version Cohort (SEC), pursuant to the Energy Em- BARLETTA, Mr. PETRI, Mr. PLATTS, 5.0 (RIN: 3052-AC70) received June 24, 2011, ployees Occupational Illness Compensation Mr. HANNA, Ms. SLAUGHTER, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Program Act of 2000 (EEOICPA); to the Com- HINOJOSA, Mr. ROSS of Arkansas, Mr. mittee on Agriculture. mittee on the Judiciary. KELLY, and Mr. BOREN): 2379. A letter from the Under Secretary, H.R. 2485. A bill to amend, for certain fis- 2390. A letter from the Secretary, Depart- Department of Defense, transmitting a letter cal years, the weighted child count used to ment of Health and Human Services, trans- on the approved retirement of General David determine targeted grant amounts and edu- mitting the Department’s determination on H. Petraeus, United States Army, and his ad- cation finance incentive grant amounts for a petition on behalf of workers from the Dow vancement to the grade of general on the re- local educational agencies under title I of Chemical Company in Madison, Illinois, to tired list; to the Committee on Armed Serv- the Elementary and Secondary Education be added to the Special Exposure Cohort ices. Act of 1965; to the Committee on Education (SEC), pursuant to the Energy Employees 2380. A letter from the Under Secretary, and the Workforce. Occupational Illness Compensation Program Department of Defense, transmitting a letter By Ms. BORDALLO (for herself, Mr. Act of 2000 (EEOICPA); to the Committee on of correction concerning the RQ-4A/B Un- FALEOMAVAEGA, Mr. SABLAN, Mrs. the Judiciary. manned Aircraft System (UAS) Global Hawk CHRISTENSEN, Mr. HONDA, Ms. 2391. A letter from the Board Members, Block 30 Program of Record; to the Com- HANABUSA, Ms. HIRONO, Ms. LEE of Railroad Retirement Board, transmitting mittee on Armed Services. California, and Ms. CHU): the Board’s 2011 annual report on the finan- 2381. A letter from the Chairman, The Ap- H.R. 2486. A bill to amend the Public cial status of the railroad unemployment in- praisal Subcommittee, Federal Financial In- Health Service Act to provide for health data surance system, pursuant to 45 U.S.C. 369; stitutions Examination Council, transmit- regarding Native Hawaiians and other Pa- jointly to the Committees on Transportation ting the 2010 Annual Report of the Appraisal cific Islanders; to the Committee on Energy and Infrastructure and Ways and Means. Subcommittee, pursuant to 12 U.S.C. 3332; to and Commerce. 2392. A letter from the Board Members, the Committee on Financial Services. By Mr. FLAKE: 2382. A letter from the Secretary, Securi- Railroad Retirement Board, transmitting a H.R. 2487. A bill to amend the Food, Con- ties and Exchange Commission, transmitting report on the actuarial status of the railroad servation, and Energy Act of 2008 to termi- the Commission’s final rule — Beneficial retirement system, including any rec- nate direct payments for the 2012 crop year; Ownership Reporting Requirements and Se- ommendations for financing changes, pursu- to the Committee on Agriculture. curity-Based Swaps [Release No.: 34-64628; ant to 45 U.S.C. 231f-1; jointly to the Com- By Mr. HINCHEY (for himself, Mr. File No. S7-10-11] (RIN: 3235-AK98) received mittees on Ways and Means and Transpor- CRITZ, Mrs. LOWEY, Mr. PETERSON, June 13, 2011, pursuant to 5 U.S.C. tation and Infrastructure. Mr. GALLEGLY, Mr. HANNA, Mr. WU, 801(a)(1)(A); to the Committee on Financial f Mr. FILNER, and Mr. GRIJALVA): Services. H.R. 2488. A bill to amend the Internal Rev- 2383. A letter from the Secretary, Securi- PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to allow a $1,000 refundable ties and Exchange Commission, transmitting Under clause 2 of rule XII, public credit for individuals who are bona fide vol- the Commission’s final rule — Exemptions bills and resolutions of the following unteer members of volunteer firefighting and for Advisers to Venture Capital Funds, Pri- emergency medical service organizations; to vate Fund Advisers With Less Than $150 Mil- titles were introduced and severally re- the Committee on Ways and Means. lion in Assets Under Management, and For- ferred, as follows: By Mr. HOLT (for himself, Mr. HIN- eign Private Advisers [Release No.: IA-3222; By Mr. DINGELL (for himself and Mr. CHEY, Mr. FORTENBERRY, Mr. ROTH- File No. S7-37-10] (RIN: 3235-AK81) received GENE GREEN of Texas): MAN of New Jersey, and Mr. WELCH):

VerDate Mar 15 2010 03:52 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\L11JY7.000 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4851 H.R. 2489. A bill to authorize the acquisi- ative to House Concurrent Resolution No. 94 Article I of the Constitution of the United tion and protection of nationally significant memorializing the Congress to review the States. battlefields and associated sites of the Revo- Government Pension Offset and the Windfall By Mr. INSLEE: lutionary War and the War of 1812 under the Elimination Provision Social Security ben- H.R. 2490. American Battlefield Protection Program; to efit reductions and enacting the Social Secu- Congress has the power to enact this legis- the Committee on Natural Resources. rity Fairness Act; to the Committee on Ways lation pursuant to the following: By Mr. INSLEE (for himself, Mr. DICKS, and Means. The Constitutional authority of Congress Mr. LARSEN of Washington, Mr. f to enact this legislation is provided by Arti- SMITH of Washington, Mr. cle 1, Section 8, Clause 18, which provides MCDERMOTT, and Mr. BASS of New CONSTITUTIONAL AUTHORITY that Congress shall have the power to make Hampshire): STATEMENT all Laws which shall be necessary and proper H.R. 2490. A bill to amend the National Pursuant to clause 7 of rule XII of for carrying into Execution the foregoing Trails System Act to provide for a study of Powers, and all other Powers vested by the the Cascadia Marine Trail; to the Committee the Rules of the House of Representa- Constitution in the Government of the on Natural Resources. tives, the following statements are sub- United States, or in any Department or Offi- By Mr. LUETKEMEYER (for himself mitted regarding the specific powers cer thereof. and Mrs. MYRICK): granted to Congress in the Constitu- By Mr. LUETKEMEYER: H.R. 2491. A bill to amend the Internal Rev- tion to enact the accompanying bill or H.R. 2491. enue Code of 1986 to allow refunds of Federal joint resolution. Congress has the power to enact this legis- motor fuel excise taxes on fuels used in mo- By Mr. DINGELL: lation pursuant to the following: bile mammography vehicles; to the Com- H.R. 2482. The constitutional authority on which this mittee on Ways and Means. Congress has the power to enact this legis- bill rests is the explicit power of Congress to By Mr. MARINO (for himself and Ms. lation pursuant to the following: regulate commerce in and among the states, SUTTON): Article I, section 8, clause 3, and Article I, as enumerated in Article 1, Section 8, Clause H.R. 2492. A bill to prohibit attendance of section 8, clause 18 of the Constitution of the 3, the Commerce Clause, of the United States an animal fighting venture, and for other United States. Constitution. purposes; to the Committee on Agriculture, By Mr. GRIMM: Additionally, the constitutional authority and in addition to the Committee on the Ju- H.R. 2483. on which the tax provisions of this bill rest diciary, for a period to be subsequently de- Congress has the power to enact this legis- is the power of Congress to explicitly lay and termined by the Speaker, in each case for lation pursuant to the following: collect taxes, duties, imposts and excises, to consideration of such provisions as fall with- Article I, Section 8, Clause 3. pay the Debts and provide for the common in the jurisdiction of the committee con- By Mr. HARRIS: defense and general welfare of the United cerned. H.R. 2484. States and, therefore, implicitly allows Con- By Mr. MCDERMOTT (for himself, Mr. Congress has the power to enact this legis- gress to reduce taxes, as enumerated in Arti- RANGEL, Mr. LEWIS of Georgia, and lation pursuant to the following: cle 1, Section 8, Clause 1 of the United States Mr. JOHNSON of Georgia): Article 1, Section 8, Clause 3 & 18 of the Constitution. H.R. 2493. A bill to amend the African United States Constitution. By Mr. MARINO: Growth and Opportunity Act to extend the Clause 3: To regulate Commerce with for- H.R. 2492. third country fabric program, and for other eign Nations, and among the several States, Congress has the power to enact this legis- purposes; to the Committee on Ways and and with the Indian Tribes. lation pursuant to the following: Means. Clause 18: To make all Laws which shall be 1) Article I, Section 8, Clause 1 By Mr. NADLER: necessary and proper for carrying into Exe- The Congress shall have Power to lay and H.R. 2494. A bill to authorize and direct the cution the foregoing Powers, and all other collect Taxes, Duties, Imposts and Excises, Secretary of State and the Commissioner of Powers vested by the Constitution in the to pay the Debts and provide for the common Social Security to continue to work with the Government of the United States, or in any Defence and general Welfare of the United governments of the states of the former So- Department or Officer thereof. States; but all Duties, Imposts and Excises viet Union to encourage such states to adopt By Mr. THOMPSON of Pennsylvania: shall be uniform throughout the United policies that would allow receipt of pensions H.R. 2485. States. for individuals who worked in any such state Congress has the power to enact this legis- 2) Article I, Section 9, Clause 3 and earned a pension and currently reside in lation pursuant to the following: To regulate Commerce with foreign Na- the United States, and for other purposes; to Article I, Section 8, Clause 18; and includ- tions, and among the several States, and the Committee on Foreign Affairs. ing, but not solely limited to the 14th with the Indian Tribes. By Mr. TIERNEY (for himself, Mr. Amendment. By Mr. MCDERMOTT: ELLISON, Mr. GRIJALVA, Mr. JACKSON By Ms. BORDALLO: H.R. 2493. of Illinois, and Ms. MCCOLLUM): H.R. 2486. Congress has the power to enact this legis- H.R. 2495. A bill to amend the Internal Rev- Congress has the power to enact this legis- lation pursuant to the following: enue Code of 1986 to eliminate certain tax ex- lation pursuant to the following: Article I, Section 8, Clause 3 of the Con- penditures; to the Committee on Ways and Clause 3 of Section 8 of Article I. stitution Means. By Mr. FLAKE: By Mr. NADLER: H.R. 2487. H.R. 2494. f Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: MEMORIALS The constitutional authority of Congress Article I, Section 8, Clauses 1 and 18. provided by Article I, section 8 of the United Under clause 4 of rule XXII, memo- By Mr. TIERNEY: States Constitution, specifically clause 1 (re- rials were presented and referred as fol- H.R. 2495. lating to the power of Congress to provide lows: Congress has the power to enact this legis- for the general welfare of the United States), lation pursuant to the following: 85. The SPEAKER presented a memorial of clause 3 (relating to the power to regulate Article I, section 8 of the United States the House of Representatives of the State of interstate commerce), and clause 18 (relating Constitution. Texas, relative to House Resolution No. 1955 to the power to make all laws necessary and urging the United States Fish and Wildlife proper for carrying out the powers vested in f Service to withdraw its proposal to list the Congress). dunes sagebrush lizard under the Endangered By Mr. HINCHEY: ADDITIONAL SPONSORS Species Act of 1973; to the Committee on H.R. 2488. Under clause 7 of rule XII, sponsors Natural Resources. Congress has the power to enact this legis- were added to public bills and resolu- 86. Also, a memorial of the General Assem- lation pursuant to the following: bly of the State of Rhode Island, relative to Article 1, Section 8 tions as follows: Senate Resolution S. 976 urging the swift The Congress shall have Power To lay and H.R. 23: Mr. CONNOLLY of Virginia, Mr. adoption of the Main Street Fairness Act; to collect Taxes, Duties, Imposts and Excises, CALVERT, Mr. WEST, and Mr. BOSWELL. the Committee on the Judiciary. to pay the Debts and provide for the common H.R. 27: Mr. SMITH of Texas, Mr. BONNER, 87. Also, a memorial of the House of Rep- Defence and general Welfare of the United and Mr. KISSELL. resentatives of the State of Texas, relative States; but all Duties, Imposts and Excises H.R. 329: Mr. BOSWELL. to House Resolution No. 1483 endorsing the shall be uniform throughout the United H.R. 333: Mr. GINGREY of Georgia, Mr. inclusion of Taiwan in the United States States; HONDA, Mr. HINOJOSA, and Mr. SCHOCK. Visa Waiver Program; to the Committee on By Mr. HOLT: H.R. 376: Mr. MICHAUD. the Judiciary. H.R. 2489. H.R. 389: Mr. FORBES. 88. Also, a memorial of the House of Rep- Congress has the power to enact this legis- H.R. 402: Ms. EDDIE BERNICE JOHNSON of resentatives of the State of Louisiana, rel- lation pursuant to the following: Texas and Ms. NORTON.

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\L11JY7.100 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4852 CONGRESSIONAL RECORD — HOUSE July 11, 2011

H.R. 436: Mrs. HARTZLER, Mr. KING of Iowa, H.R. 1723: Mr. LONG, Mr. GIBBS, and Mr. H. Con. Res. 39: Mr. HULTGREN and Mr. and Mr. MATHESON. GARDNER. OLSON. H.R. 452: Mrs. HARTZLER, Mr. DANIEL E. H.R. 1741: Mr. DUNCAN of South Carolina. H. Res. 25: Mr. PEARCE. LUNGREN of California, Mr. STUTZMAN, and H.R. 1744: Mr. PLATTS, Mr. YOUNG of Indi- H. Res. 111: Mr. COURTNEY. Mrs. CHRISTENSEN. ana, Mr. KINGSTON, and Mr. LATTA. H. Res. 137: Ms. HERRERA BEUTLER. H. Res. 262: Mr. YOUNG of Florida. H.R. 466: Mr. BURGESS. H.R. 1756: Mr. NADLER, Mr. ENGEL, and Mr. H. Res. 298: Mr. DIAZ-BALART and Mr. ROE H.R. 495: Mr. RIGELL. PASCRELL. of Tennessee. H.R. 607: Mr. GARAMENDI and Mr. H.R. 1775: Mr. FRANKS of Arizona, Mrs. H. Res. 332: Mr. CLAY. BARLETTA. CHRISTENSEN, and Mr. FORTENBERRY. H.R. 687: Mr. FRANKS of Arizona and Mr. H.R. 1792: Mr. LATHAM and Mr. MILLER of f REHBERG. Florida. AMENDMENTS H.R. 692: Mr. DUNCAN of South Carolina. H.R. 1817: Mr. QUIGLEY. H.R. 704: Mr. DUNCAN of South Carolina. H.R. 1832: Mr. DUNCAN of South Carolina. Under clause 8 of rule XVIII, pro- H.R. 719: Mrs. ELLMERS and Mr. SCHIFF. H.R. 1848: Mr. MULVANEY. posed amendments were submitted as H.R. 721: Mr. WATT and Mr. THORNBERRY. H.R. 1856: Mr. DUNCAN of South Carolina follows: H.R. 733: Mr. AL GREEN of Texas, Mr. RUN- and Mr. SIRES. H.R. 1309 YAN, and Mr. BOSWELL. H.R. 1901: Mr. COHEN. OFFERED BY: MR. GOSAR H.R. 743: Mr. COBLE. H.R. 1932: Mr. MANZULLO and Mr. HERGER. AMENDMENT NO. 1: Page 19, after line 8, in- H.R. 756: Mr. FILNER. H.R. 1941: Ms. EDDIE BERNICE JOHNSON of sert the following new subsection: H.R. 795: Mr. WALDEN and Mr. DENHAM. Texas. (f) EFFECTIVE DATE OF POLICIES FOR CER- H.R. 805: Mr. BOSWELL. H.R. 1964: Mr. FORBES. TAIN PROPERTIES AFFECTED BY WILDFIRE.— H.R. 812: Mr. LARSON of Connecticut. H.R. 1980: Mr. FRANKS of Arizona, Mr. POE Paragraph (2) of section 1306(c) of the Na- H.R. 860: Mr. MILLER of North Carolina, of Texas, and Mr. FRANK of Massachusetts. tional Flood Insurance Act of 1968 (42 U.S.C. Ms. NORTON, Mr. AUSTRIA, Mr. MCCOTTER, H.R. 1981: Mr. COBLE, Mr. FRANKS of Ari- 4013(c)(2)) is amended— Mr. NADLER, Mr. MCKINLEY, Ms. BALDWIN, zona, Mr. GALLEGLY, Mr. GOWDY, Mr. (1) in subparagraph (A), by striking ‘‘or’’ at Mr. NEAL, Mr. MICHAUD, Mrs. CAPPS, Mr. CHABOT, Mr. DEUTCH, Mr. SHULER, Mr. DAN- the end; DEUTCH, Mr. ROE of Tennessee, Mr. CONAWAY, IEL E. LUNGREN of California, and Mr. CRITZ. (2) in subparagraph (B), by striking the pe- Mr. LATOURETTE, Mr. HANNA, Mr. CONYERS, H.R. 2010: Mrs. BLACKBURN. riod at the end and inserting ‘‘; or’’; and and Mr. WATT. H.R. 2033: Mr. PETERS. (3) by adding at the end the following new H.R. 865: Mr. CARNAHAN and Mr. SCHIFF. H.R. 2054: Mr. CHANDLER. subparagraph: H.R. 886: Mrs. MYRICK. H.R. 2068: Mr. HULTGREN. ‘‘(C) the initial purchase of flood insurance H.R. 931: Mr. MILLER of Florida. H.R. 2085: Mr. BRADY of Pennsylvania. coverage pursuant to a determination by the H.R. 965: Mr. FARR and Mr. TIERNEY. H.R. 2088: Mr. RYAN of Ohio. Administrator that the waiting period under H.R. 992: Mr. SCHIFF. H.R. 2104: Mr. TIBERI, Mr. GIBBS, Ms. KAP- paragraph (1) shall be waived for private H.R. 998: Mr. SCHIFF. TUR, and Mr. NEUGEBAUER. property that is affected by flooding on Fed- H.R. 1001: Mr. JONES, Mr. YOUNG of Alaska, H.R. 2108: Mrs. BLACKBURN and Mr. MCNER- eral land affected by wildfire.’’. and Mr. COSTELLO. NEY. H.R. 2434 H.R. 1006: Mr. DUNCAN of South Carolina H.R. 2111: Mr. ROTHMAN of New Jersey, OFFERED BY: MR. WESTMORELAND and Mr. MCCLINTOCK. Mrs. MALONEY, and Ms. ZOE LOFGREN of Cali- H.R. 1031: Mr. MICA. fornia. AMENDMENT NO. 1: Page 3, line 20, strike H.R. 1041: Mrs. BIGGERT, Mr. YOUNG of Indi- H.R. 2139: Mr. YOUNG of Indiana, Mr. ‘‘$200,000,000’’ and insert ‘‘$100,000,000’’. ana, and Mr. AKIN. LOEBSACK, Mr. PEARCE, Mr. GOSAR, and Mr. Page 4, line 3, strike ‘‘$200,000,000’’ and in- H.R. 1044: Mr. ROE of Tennessee and Mr. VISCLOSKY. sert ‘‘$100,000,000’’. HEINRICH. H.R. 2190: Ms. SCHAKOWSKY. H.R. 2434 H.R. 1063: Mr. SIRES. H.R. 2198: Mr. BURTON of Indiana. OFFERED BY: MR. WESTMORELAND H.R. 1127: Mrs. NAPOLITANO and Mr. RUSH. H.R. 2206: Mrs. ELLMERS. AMENDMENT NO. 2: Page 75, line 19, after H.R. 1170: Mr. CARTER. H.R. 2214: Mr. RIGELL. the dollar amount, insert ‘‘(reduced by H.R. 1175: Mr. BLUMENAUER. H.R. 2228: Mr. LIPINSKI. $342,000,000)’’. H.R. 1187: Mr. HANNA. H.R. 2238: Mr. LOEBSACK and Ms. HIRONO. Page 76, line 12, after the dollar amount, H.R. 1188: Mr. TIERNEY. H.R. 2247: Ms. RICHARDSON. insert ‘‘(reduced by $342,000,000)’’. H.R. 1234: Mr. PALLONE. H.R. 2250: Mr. ROKITA, Mrs. HARTZLER, Mr. Page 130, line 11, after the dollar amount, H.R. 1236: Mr. POE of Texas and Mr. MCIN- JONES, Mr. THOMPSON of Mississippi, Mr. insert ‘‘(increased by $342,000,000)’’. TYRE. CRAVAACK, and Mr. HULTGREN. H.R. 2354 H.R. 1240: Mr. COHEN. H.R. 2280: Mr. CONYERS. OFFERED BY: MR. FLORES H.R. 1256: Mr. QUIGLEY. H.R. 2281: Mr. RUSH. AMENDMENT NO. 27: At the end of the bill H.R. 1284: Mr. PAYNE. H.R. 2288: Mr. COURTNEY. (before the short title), add the following H.R. 1288: Mr. WATT and Mr. MCCAUL. H.R. 2304: Mr. GRIMM and Mr. SCOTT of new section: H.R. 1297: Mr. AUSTIN SCOTT of Georgia. South Carolina. SEC. ll. None of the funds made available H.R. 1300: Ms. DELAURO. H.R. 2315: Mr. STARK and Mr. COHEN. by this Act may be used to enforce section H.R. 1327: Mr. MCDERMOTT. H.R. 2333: Mr. HONDA. 526 of the Energy Independence and Security H.R. 1351: Mr. STARK, Ms. MCCOLLUM, Mr. H.R. 2355: Mr. SCHOCK. Act of 2007 (Public Law 110–140; 42 U.S.C. SCOTT of Virginia, and Mr. LANCE. H.R. 2357: Mr. YOUNG of Alaska and Mr. 17142). H.R. 1358: Mr. GOWDY. COBLE. H.R. 2354 H.R. 1370: Mr. WALSH of Illinois, Mr. GUTH- H.R. 2360: Mrs. MILLER of Michigan, Mr. OFFERED BY: MS. KAPTUR RIE, and Mr. CONAWAY. HUNTER, Mr. NUNNELEE, Mr. SOUTHERLAND, H.R. 1381: Ms. SCHAKOWSKY. Mr. ROKITA, Mr. GOWDY, Mr. DUNCAN of AMENDMENT NO. 28: Page 23, line 4, after H.R. 1404: Mr. PETERS. South Carolina, Mr. WITTMAN, Mr. YOUNG of the dollar amount insert ‘‘(increased by H.R. 1416: Mr. GARAMENDI. Alaska, Mr. ALEXANDER, and Mr. BONNER. $10,000,000)’’. Page 32, line 4, after the dollar amount in- H.R. 1417: Mr. RUSH and Mr. GRIMM. H.R. 2402: Mr. BISHOP of Utah, Mrs. ADAMS, sert ‘‘(reduced by $10,000,000)’’. H.R. 1418: Mr. POE of Texas. Mr. WEST, Mr. PEARCE, Mr. SESSIONS, Mr. H.R. 1439: Mr. DANIEL E. LUNGREN of Cali- AUSTIN SCOTT of Georgia, Mr. ROE of Ten- H.R. 2354 fornia. nessee, and Mr. ROONEY. OFFERED BY: MR. TURNER H.R. 1465: Mr. MORAN and Mr. GUTIERREZ. H.R. 2407: Mr. FILNER. AMENDMENT NO. 29: Page 3, line 24, after H.R. 1477: Mr. HONDA and Ms. BASS of Cali- H.R. 2412: Mr. SCHIFF. the dollar amount, insert ‘‘(reduced by fornia. H.R. 2417: Mr. FITZPATRICK and Mr. $118,400,000)’’. H.R. 1515: Mr. CROWLEY. WOMACK. Page 6, line 6, after the dollar amount, in- H.R. 1533: Mr. MICA. H.R. 2432: Mr. ROSKAM. sert ‘‘(reduced by $123,313,000)’’. H.R. 1556: Mr. YOUNG of Alaska. H.R. 2436: Mr. CANSECO. Page 33, line 20, after the dollar amount, H.R. 1558: Mr. LANKFORD, Mr. BISHOP of H.R. 2445: Mrs. ROBY and Mr. ROSS of Flor- insert ‘‘(increased by $129,353,000)’’. Utah, Mr. PLATTS, Mr. JORDAN, and Mr. ida. Page 34, line 20, after the dollar amount, DENHAM. H.R. 2446: Mr. WESTMORELAND. insert ‘‘(increased by $71,475,000)’’. Page 35, line 10, after the dollar amount, H.R. 1575: Mr. RANGEL. H.R. 2457: Mr. HULTGREN. insert ‘‘(increased by $40,885,000)’’. H.R. 1583: Mr. CROWLEY. H.R. 2458: Mr. MCCLINTOCK, Mrs. MCMORRIS H.R. 1591: Mr. FRANKS of Arizona. RODGERS, Mr. HULTGREN, and Mr. LATTA. H.R. 2354 H.R. 1639: Mr. BOUSTANY, Mr. DENHAM, and H.R. 2472: Mr. GINGREY of Georgia. OFFERED BY: MR. COURTNEY Mr. LONG. H.J. Res. 10: Mr. COOPER. AMENDMENT NO. 30: Page 7, line 15, insert H.R. 1707: Mr. LIPINSKI. H.J. Res. 13: Mr. LANCE. before the period at the end ‘‘: Provided fur- H.R. 1715: Mr. DUNCAN of South Carolina. H.J. Res. 47: Ms. CHU and Mr. PETERS. ther, That in addition, there is appropriated

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.063 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE July 11, 2011 CONGRESSIONAL RECORD — HOUSE H4853 $808,000,000, which shall be derived from the H.R. 2354 H.R. 2354 Harbor Maintenance Trust Fund’’. OFFERED BY: MR. CHAFFETZ OFFERED BY: MR. BROUN OF GEORGIA H.R. 2354 AMENDMENT NO. 38: Page 53, line 7, after AMENDMENT NO. 49: Page 62, after line 2, in- OFFERED BY: MR. MCCLINTOCK the dollar amount, insert ‘‘(reduced by sert the following new section: AMENDMENT NO. 31: Page 23, line 4, after $11,700,000)’’. SEC. 609. None of the funds made available the dollar amount, insert ‘‘(reduced by Page 62, line 2, after the dollar amount, in- in this Act may be used to prohibit or limit, $1,304,636,000)’’. sert ‘‘(increased by $11,700,000)’’. based on material content, the types of tra- Page 24, line 6, after the dollar amount, in- H.R. 2354 ditional hunting and fishing implements used for hunting and fishing to the extent a sert ‘‘(reduced by $289,420,000)’’. OFFERED BY: MR. CHAFFETZ Page 24, line 18, after the dollar amount, specific law or regulation is in effect on the AMENDMENT NO. 39: Page 53, line 13, after date of enactment of this Act. insert ‘‘(reduced by $476,993,000)’’. the dollar amount, insert ‘‘(reduced by Page 28, line 13, after the dollar amount, $10,700,000)’’. H.R. 2354 insert ‘‘(reduced by $820,488,000)’’. Page 62, line 2, after the dollar amount, in- OFFERED BY: MR. CONNOLLY OF VIRGINIA Page 28, line 23, after the dollar amount, sert ‘‘(increased by $10,700,000)’’. AMENDMENT NO. 50: Page 24, line 18, after insert ‘‘(reduced by $100,000,000)’’. H.R. 2354 the dollar amount, insert ‘‘(reduced by Page 29, line 7, after the dollar amount, in- $92,000,000)’’. OFFERED BY: MR. CHAFFETZ sert ‘‘(reduced by $160,000,000)’’. Page 23, line 4, after the dollar amount, in- Page 31, line 21, after the dollar amount, AMENDMENT NO. 40: Page 24, line 18, after sert ‘‘(increased by $46,000,000)’’. insert ‘‘(reduced by $6,000,000)’’. the dollar amount insert ‘‘(reduced by H.R. 2354 Page 32, line 4, after the dollar amount, in- $32,464,000)’’. sert ‘‘(reduced by $500,000)’’. Page 62, line 2, after the dollar amount in- OFFERED BY: MR. GARRETT Page 52, line 15, after the dollar amount, sert ‘‘(increased by $32,464,000)’’. AMENDMENT NO. 51: Page 23, line 4, after insert ‘‘(reduced by $68,400,000)’’. H.R. 2354 the dollar amount, insert ‘‘(reduced by Page 53, line 7, after the dollar amount, in- $300,000,000)’’. OFFERED BY: MS. KAPTUR sert ‘‘(reduced by $11,700,000)’’. Page 24, line 18, after the dollar amount, Page 53, line 13, after the dollar amount, AMENDMENT NO. 41: Page 23, line 4, after insert ‘‘(reduced by $32,000,000)’’. insert ‘‘(reduced by $10,700,000)’’. the dollar amount insert ‘‘(increased by Page 28, line 13, after the dollar amount, Page 54, line 4, after the dollar amount, in- $10,000,000)’’. insert ‘‘(reduced by $167,500,000)’’. sert ‘‘(reduced by $1,350,000)’’. Page 32, line 4, after the dollar amount in- Page 32, line 4, after the dollar amount, in- Page 54, line 12, after the dollar amount, sert ‘‘(reduced by $10,000,000)’’. sert ‘‘(reduced by $500,000)’’. insert ‘‘(reduced by $250,000)’’. Page 32, line 23, after the dollar amount in- Page 32, line 23, after the dollar amount, Page 62, line 2, after the dollar amount, in- sert ‘‘(reduced by $10,000,000)’’. insert ‘‘(reduced by $500,000)’’. sert ‘‘(increased by $3,250,437,000)’’. H.R. 2354 Page 62, line 2, after the dollar amount, in- H.R. 2354 OFFERED BY: MR. POMPEO sert ‘‘(increased by $500,000,000)’’. OFFERED BY: MR. WELCH AMENDMENT NO. 42: Page 23, line 4, after H.R. 2354 AMENDMENT NO. 32: Page 23, line 4, after the dollar amount insert ‘‘(reduced by OFFERED BY: MR. GOSAR the dollar amount, insert ‘‘(increased by $45,641,000)’’. AMENDMENT NO. 52: Insert after section 607 $491,000,000)’’. Page 62, line 2, after the dollar amount in- the following new section: Page 33, line 20, after the dollar amount, sert ‘‘(increased by $45,641,000)’’. SEC. 608. None of the funds made available insert ‘‘(reduced by $491,000,000)’’. H.R. 2354 under this Act may be expended to admin- H.R. 2354 OFFERED BY: MR. BROUN OF GEORGIA ister or enforce the requirements of sub- chapter IV of chapter 31 or title 40, United OFFERED BY: MR. MORAN AMENDMENT NO. 43: Page 28, line 13, after States Code (commonly referred to as the AMENDMENT NO. 33: Page 14, strike lines 3 the dollar amount insert ‘‘(reduced by $820,488,000)’’. Davis-Bacon Act), except with respect to a through 11 (and redesignate the subsequent contract that exceeds $20,000,000. sections accordingly). Page 62, line 2, after the dollar amount in- sert ‘‘(increased by $820,488,000)’’. Page 61, line 22, strike ‘‘SEC. 608’’ and in- H.R. 2354 sert ‘‘SEC. 609’’. H.R. 2354 OFFERED BY: MR. TONKO H.R. 2354 OFFERED BY: MR. BROUN OF GEORGIA AMENDMENT NO. 34: Page 23, line 4, after OFFERED BY: MR. HARRIS AMENDMENT NO. 44: Page 32, line 4, after the dollar amount insert the following: ‘‘(in- AMENDMENT NO. 53: Page 62, after line 2, in- the dollar amount insert ‘‘(reduced by creased by $226,800,000)’’. sert the following new section: $2,500,000)’’. Page 33, line 20, after the dollar amount in- SEC. 609. None of the funds made available Page 32, line 23, after the dollar amount in- sert the following: ‘‘(reduced by by this Act may be used to fund any portion $226,800,000)’’. sert ‘‘(reduced by $2,500,000)’’. Page 62, line 2, after the dollar amount in- of the International program activities at H.R. 2354 sert ‘‘(increased by $2,500,000)’’. the Office of Energy Efficiency and Renew- OFFERED BY: MR. BISHOP OF NEW YORK able Energy of the Department of Energy H.R. 2354 with the exception of the activities author- AMENDMENT NO. 35: Page 6, line 6, after the OFFERED BY: MR. BROUN OF GEORGIA ized in section 917 of the Energy Independ- dollar amount insert ‘‘(increased by AMENDMENT NO. 45: Page 23, line 4, after ence and Security Act of 2007 (42 U.S.C. $33,535,000)’’. the dollar amount insert ‘‘(reduced by 17337). Page 24, line 18, after the dollar amount in- $1,304,636,000)’’. sert ‘‘(reduced by $33,535,000)’’. H.R. 2354 Page 62, line 2, after the dollar amount in- OFFERED BY: MR. WU H.R. 2354 sert ‘‘(increased by $1,304,636,000)’’. OFFERED BY: MR. TERRY AMENDMENT NO. 54: Page 23, line 4, after H.R. 2354 the dollar amount insert ‘‘(increased by AMENDMENT NO. 36: At the end of title I, in- OFFERED BY: MR. BROUN OF GEORGIA $60,500,000)’’. sert the following: AMENDMENT NO. 46: Page 53, line 13, after Page 32, line 4, after the dollar amount in- SEC. XX. Not later than 1 year after the the dollar amount insert ‘‘(reduced by sert ‘‘(reduced by $60,500,000)’’. date of enactment of this Act, the Army $10,700,000)’’. Page 32, line 23, after the dollar amount in- Corps of Engineers shall conduct and publish Page 62, line 2, after the dollar amount in- sert ‘‘(reduced by $60,500,000)’’. the results of a study regarding the reasons sert ‘‘(increased by $10,700,000)’’. and contributing factors that led to the ab- H.R. 2354 normal flooding of the Missouri River during H.R. 2354 OFFERED BY: MR. WU the spring and summer of 2011, with specific OFFERED BY: MR. BROUN OF GEORGIA AMENDMENT NO. 55: Page 52, after line 5, in- focus on whether the water management ac- AMENDMENT NO. 47: Page 54, line 12, after sert the following new section: tivities of the Corps, conducted for any pur- the dollar amount insert ‘‘(reduced by SEC. 314. It is the sense of Congress that pose other than flood prevention and control, $250,000)’’. demonstrating advanced technologies devel- contributed to the 2011 flooding and in what Page 62, line 2, after the dollar amount in- oped in the Energy Efficiency and Renewable ways. sert ‘‘(increased by $250,000)’’. Energy Building Technologies Program is H.R. 2354 H.R. 2354 critical to fostering broader market adop- tion and spurring the creation of new indus- OFFERED BY: MR. CHAFFETZ OFFERED BY: MR. BROUN OF GEORGIA tries. AMENDMENT NO. 37: Page 52, line 15, after AMENDMENT NO. 48: Page 31, line 21, after H.R. 2354 the dollar amount, insert ‘‘(reduced by the dollar amount insert ‘‘(reduced by $68,400,000)’’. $6,000,000)’’. OFFERED BY: MR. HASTINGS OF FLORIDA Page 62, line 2, after the dollar amount, in- Page 62, line 2, after the dollar amount in- AMENDMENT NO. 56: At the end of the bill sert ‘‘(increased by $68,400,000)’’. sert ‘‘(increased by $6,000,000)’’. (before the short title), insert the following:

VerDate Mar 15 2010 04:38 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.078 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H4854 CONGRESSIONAL RECORD — HOUSE July 11, 2011

SEC. ll. None of the funds made available H.R. 2354 Page 32, line 4, after the dollar amount in- by this Act may be used in contravention of, OFFERED BY: MR. REED sert ‘‘(reduced by $79,640,000)’’. or to delay the implementation of, Executive Page 32, line 23, after the dollar amount in- AMENDMENT NO. 58: Page 27, line 10, after sert ‘‘(reduced by $79,640,000)’’. Order No. 12898 of February 11, 1994 (‘‘Federal the dollar amount, insert ‘‘(increased by Actions to Address Environmental Justice in $41,000,000)’’. H.R. 2354 Minority Populations and Low-Income Popu- Page 32, line 4, after the dollar amount, in- OFFERED BY: MR. SCHIFF lations’’). sert ‘‘(reduced by $21,000,000)’’. AMENDMENT NO. 60: Page 24, line 6, after Page 32, line 23, after the dollar amount, the dollar amount insert ‘‘(reduced by H.R. 2354 insert ‘‘(reduced by $21,000,000)’’. $10,000,000) (increased by $10,000,000)’’. OFFERED BY: MR. REHBERG Page 35, line 15, after the second dollar H.R. 2354 amount, insert ‘‘(reduced by $20,000,000)’’. OFFERED BY: MS. JACKSON LEE OF TEXAS AMENDMENT NO. 57: Page 24, line 18, after H.R. 2354 the dollar amount insert ‘‘(reduced by AMENDMENT NO. 61: None of the funds made OFFERED BY: MR. SCHIFF $2,200,000) (increased by $2,200,000)’’. available in this Act may be used to con- AMENDMENT NO. 59: Page 28, line 23, after travene the comprehensive plan authorized the dollar amount insert ‘‘(increased by in section 4091 of the Water Resources Devel- $79,640,000)’’. opment Act of 2007.

VerDate Mar 15 2010 04:03 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.080 H11JYPT1 smartinez on DSK6TPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, MONDAY, JULY 11, 2011 No. 102 Senate The Senate met at 2 p.m. and was U.S. SENATE, MEASURE PLACED ON THE CALENDAR—S. 1340 called to order by the Honorable CHRIS- PRESIDENT PRO TEMPORE, Mr. CONRAD. Mr. President, I under- TOPHER A. COONS, a Senator from the Washington, DC, July 11, 2011. stand S. 1340 is at the desk and due for State of Delaware. To the Senate: a second reading. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby The ACTING PRESIDENT pro tem- PRAYER appoint the Honorable CHRISTOPHER A. pore. The clerk will read the bill by The Chaplain, Dr. Barry C. Black, of- COONS, a Senator from the State of Dela- title for the second time. fered the following prayer: ware, to perform the duties of the Chair. The legislative clerk read as follows: Let us pray. DANIEL K. INOUYE, A bill (S. 1340) to cut, cap, and balance the Lord God Almighty, unto whom in President pro tempore. Federal budget. all ages people have lifted up their Mr. COONS thereupon assumed the Mr. CONRAD. Mr. President, I object hearts, as we begin this week we are chair as Acting President pro tempore. to any further proceedings with respect aware that Americans are watching on f to the bill. television the daily business of this The ACTING PRESIDENT pro tem- Chamber. Grant our Senators wisdom RESERVATION OF LEADER TIME pore. Objection is heard. The bill will to solve the complex issues of our time. The ACTING PRESIDENT pro tem- be placed on the calendar under the Lord, inspire them to see the wisdom of pore. Under the previous order, the provisions of rule XIV. cooperation, strengthen their minds leadership time is reserved. Mr. CONRAD. I thank the Chair. and bodies to endure long hours of Mr. President, we are in the midst of labor and to build alliances across the f a defining debate on the budget of the aisle that will lead us and our Nation SHARED SACRIFICE IN RESOLVING United States. All of us understand we to a better tomorrow. Let the struggles THE BUDGET DEFICIT—MOTION have a debt threat looming over this they experience help them develop a TO PROCEED country that is as significant as any- more robust and meaningful relation- thing we have faced in many years. The ACTING PRESIDENT pro tem- ship with You and those around them. Democratic members of the Senate pore. Under the previous order, the May Your spirit be above and among Budget Committee have worked for Senate will resume consideration of them, that in these days of destiny weeks to devise a blueprint we think the motion to proceed to S. 1323, which they may make Your ways their ways. has merit and that deserves to be a the clerk will report. We pray in Your everlasting Name. part of the debate. Today, I am here to The legislative clerk read as follows: Amen. outline the key elements of that budg- Motion to proceed to the consideration of et blueprint. S. 1323, a bill to express the sense of the Sen- f First of all, I think it is critically ate on shared sacrifice in resolving the budg- important we all understand we are as et deficit. PLEDGE OF ALLEGIANCE a Nation borrowing 40 cents of every $1 The ACTING PRESIDENT pro tem- we spend. That is not a sustainable cir- The Honorable CHRISTOPHER A. COONS pore. Under the previous order, the cumstance. Admiral Mullen, the Chair- led the Pledge of Allegiance as follows: time until 5:30 p.m. will be equally di- man of the Joint Chiefs of Staff, has in- I pledge allegiance to the Flag of the vided and controlled between the two dicated that our national debt is our United States of America, and to the Repub- leaders or their designees. biggest national security threat. This lic for which it stands, one nation under God, Who yields time? is the top military man in our country indivisible, with liberty and justice for all. The Senator from North Dakota. saying the debt threat is the most seri- SCHEDULE ous national security threat. f Mr. CONRAD. Mr. President, the Why does he say that? Here are the Senate has resumed the motion to pro- facts: The debt of the United States— APPOINTMENT OF ACTING ceed to S. 1323, a bill to express the the gross debt—all the debt we owe is PRESIDENT PRO TEMPORE sense of the Senate on shared sacrifice now approaching 100 percent of our The PRESIDING OFFICER. The in resolving the budget deficit. The gross domestic product, which is the clerk will please read a communication time until 5:30 will be equally divided highest level it has been since after to the Senate from the President pro between the two leaders or their des- World War II. This chart shows a tempore (Mr. INOUYE). ignees. At 5:30, there will be a rollcall threshold of 90 percent and a gross debt The legislative clerk read the fol- vote on the motion to proceed to S. of 90 percent. Why did we draw that lowing letter: 1323. line on this chart? Because the best

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

S4461

.

VerDate Mar 15 2010 01:31 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JY6.000 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4462 CONGRESSIONAL RECORD — SENATE July 11, 2011 evidence we have tells us when we For those who say: Well, it is not a tion in the plan worked by Senate cross the 90-percent threshold on the revenue problem, oh, yes, it is. Democrats on the Budget Committee. gross debt of any nation, we are in the This is an article that appeared Sun- So this is what happens to deficits as danger zone, we are in the red zone. day, May 1, in the Washington Post: a share of GDP under the framework The distinguished economists Car- ‘‘On the way to a surplus, a $12 trillion we are offering. As you can see, this men Reinhart and Kenneth Rogoff U.S. detour.’’ year the deficit is 9.3 percent of gross wrote a book called ‘‘Growth in a Time Remember, in 2001, we were told we domestic product. We bring it down of Debt.’’ Here is their conclusion: were on the way to paying off the debt very steadily until we get down to 1.3 We examined the experience of 44 countries of the United States. This article by percent in the 10th year—a lower def- spanning up to two centuries of data on cen- Lori Montgomery in the Washington icit in dollar terms, a lower deficit as a tral government debt, inflation and growth. Post on May 1 indicated the funda- share of GDP than the House Repub- Our main finding is that across both ad- mental reasons that instead of paying lican plan. Let me repeat that. The vanced countries and emerging markets, off the debt, we have a debt that is Senate Democrats on the Budget Com- high debt to GDP levels (90 percent and mittee—our plan reduces the deficit by above) are associated with notably lower mushrooming. This one paragraph says growth outcomes. it all: the 10th year by more than the Repub- licans in total, and in the 10th year we This is a key fact all our colleagues The biggest culprit, by far, has been an have a lower deficit in dollar terms and need to know. When our gross debt erosion of tax revenue triggered largely by a lower deficit as a share of GDP. goes over 90 percent of our gross do- two recessions and multiple rounds of tax cuts. Together, the economy and the tax As shown on this chart, this is what mestic product, our future economic bills enacted under former President George happens to the debt itself. The gross prospects are diminished. That means W. Bush, and to a lesser extent by President debt, as you can see, peaks out at 100 fewer jobs created, less economic op- Obama, wiped out $6.3 trillion in anticipated percent in 2011, and then we bring it portunity—a nation that is at risk. revenue. That’s nearly half of the $12.7 tril- down gradually but steadily to about 98 lion swing from projected surpluses to real That is where we are. percent by 2021. The key is, instead of Look at what the Congressional debt. Federal tax collections now stand at having the debt line going up, up, and Budget Office says is where we are their lowest level as a percentage of the away, burying this country under a headed. On the current trajectory, we economy in 60 years. mountain of debt, we stabilize the debt are headed for a debt that will go to 200 That is the point I just made. and begin to bring it down—something percent of the gross domestic product So when Democrats on the Senate that every serious economist has said of the country. This is not the gross Budget Committee approached this is absolutely essential. debt; this is the publicly held debt, problem, we looked at it in historical perspective. How did we get into this In terms of spending, I indicated that which is smaller than the gross debt. current spending is the highest it has So this chart now looks at the publicly problem? Half of it is on the revenue side. So we chose to deal with a solu- been as a share of GDP in 60 years. Our held debt and says it is headed for 200 plan takes that down from 24 percent percent of GDP. We cannot stay on this tion that deals on both sides of the ledger. Yes, we need to cut spending; of GDP to 23 percent and then freezes it course. It is critically important we at 22 percent of GDP for the rest of this absolutely, that must be done. But we change direction. decade. also cut so-called tax expenditures that For every 1 percentage point increase Now, some will say: There go the in interest we pay, $1.3 trillion is added are just spending by another name— Democrats again. They are spending to the debt. For those who say don’t loopholes, exclusions, deductions, tax too much money. I would say to them: worry about the debt limit, let’s re- preferences, abusive tax shelters, and If we could get the spending down to mind them what will occur if the tax havens that are hemorrhaging rev- the levels that were obtained during United States refuses to pay the bills it enue that rightfully belongs in the the Reagan administration, would that has already incurred, which is the in- Treasury—people avoiding what they be acceptable? Because that is exactly terest rates will go up. Those who have legitimately owe to the United States what we do. Under the plan of Senate loaned us money, if we renege on our by engaging in abusive tax shelters and Budget Committee Democrats, we get commitments to pay them, will then tax havens that is costing us substan- spending to the exact same level that insist on higher interest rates—all bor- tial revenue. We will get into the spe- pertained during the administration of rowers will insist on higher interest cifics of that. Ronald Reagan. During Ronald Rea- rates—and for every 1-percent increase The House Republicans chose a dif- gan’s 8 years, spending averaged 22.1 in the interest rate, we will pay $1.3 ferent path. They only want to focus on percent of GDP. That is precisely what trillion more on our debt. So those who half the problem. They only want to our spending equals in the budget think that somehow, by not extending focus on the spending side of the equa- framework I have outlined here today. the debt limit, we are going to help on tion. They don’t want to touch the rev- We include every part of the Federal the debt—no. The opposite is true. The enue side of the equation. I believe that budget, including the defense budget. debt will increase and increase dra- denies reality. That runs away from Just as the fiscal commission did, just matically. the hard reality of how we got into this as every other bipartisan deficit reduc- Here are the hard facts with respect situation. Again, we got here by, yes, tion plan has included, we looked to de- to the relationship between spending spending that is higher than it has fense spending for savings because no and revenue over the last 60 years in been in 60 years as a share of national part of the budget can be off the table this country. The red line is the spend- income but also revenue that is lower in terms of a deficit reduction plan. ing line. The green line is the revenue than it has been at any time in 60 I would say separately, Social Secu- line. What this shows very clearly is years. If we are truthful with our- rity we deal with separately because that spending is the highest it has been selves, we are going to have to deal Social Security need not be, should not as a share of GDP in 60 years. Yes, we with both sides of this equation. be part of a deficit reduction plan. Sav- have a spending problem. But it is not The plan Senate Democrats on the ings on Social Security ought to be for exclusively a spending problem, as Budget Committee have agreed on the purpose of extending the solvency some assert on this floor, because rev- looks at a budget framework that in- of Social Security. But in terms of enue as a share of GDP is the lowest it cludes roughly the same amount of def- those parts of spending that are consid- has been in 60 years. To deny that es- icit reduction as the House Republican ered on budget, defense has to be in- sential fact is to deny the significant plan. In fact, we have somewhat more cluded in any savings. Why do I say elements of a compromise that are re- deficit reduction than did they. They that? Well, look what has happened quired to solve this problem. have a plan that was $3.9 trillion of def- since 1997. Spending on defense and war Spending is the highest it has been in icit reduction. Our plan is $4 trillion. has gone from $254 billion a year to $688 60 years as a share of our national in- The actual difference is about $50 bil- billion a year. It is a key reason spend- come. Revenue is the lowest it has been lion, but because of rounding, it turns ing has exploded. in 60 years as a share of our national out they are at $3.9 trillion, we are at Before the fiscal commission, some of income. Both have to be addressed if $4 trillion. The actual difference is the best defense analysts in the coun- we are going to solve this problem. about $50 billion more in deficit reduc- try came before us and told us that 51

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.001 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4463 percent of all Federal employees are at that has come from anywhere: five Revenues had to be close to 20 percent the Department of Defense—51 percent Democrats, five Republicans, one Inde- of GDP. They were 19.7 percent in 1969, of all Federal employees are at the De- pendent—endorsed a plan with $886 bil- 19.9 percent in 1998, 19.8 percent in 1999, partment of Defense—and that does not lion of savings over 10 years out of the 20.6 percent in the year 2000, and 19.5 count the contractors. security category. The budget by Sen- percent in 2001. That is the last five I asked these analysts: Well, how ate Budget Committee Democrats times the budget has been balanced. many contractors are there? adopts that finding. Each of those times, revenue was close Their response was: Senator, we can’t The budget that Senate Budget Com- to 20 percent of GDP. Now it is 14.8 per- tell you. mittee Democrats are advancing also cent of GDP. Anyone who seriously ar- I said: Is that a matter of security? Is has governmentwide savings. We freeze gues that you can solve this problem that a matter of clearances? the pay of Members of Congress for 3 just on the spending side of the equa- They said: No, Senator. We don’t years. We freeze the legislative branch tion is not being serious. know. and White House budgets for 3 years. The budget framework we offer today I said: Well, what is the range? About We freeze civilian pay for 2 years. That how many contractors are there work- has already been adopted, but we in- has revenues at 19.5 percent of GDP— ing at the Department of Defense? clude that in our budget. We reduce the almost equivalent to what it was dur- The answer was: Senator, 1 million to Federal vehicle fleet by 20 percent be- ing the Clinton years, when we had bal- 9 million. Between 1 million and 9 mil- cause, frankly, in our investigations we anced budgets and, in fact, stopped lion. We can’t tell you which is right. find in this area there has been an ex- using Social Security money to pay We have a serious problem of con- plosion of vehicles in the Federal fleet, other bills. During the Clinton years, tractors working for the Department of and I think all of us have seen it with revenue averaged 19.4 percent of GDP. Defense and the Department of Defense our own eyes. This is something that Under our plan, it averages 19.5 per- cannot even tell you how many con- has to be taken on. We reduce travel cent. So revenue is clearly not out of tractors they have working for them. costs of Federal agencies by 20 percent. line compared to the other times we We have a problem. We reduce Federal printing costs by $1 balanced the budget and, in fact, dur- The previous Secretary of Defense, billion by 2015. We reduce the number ing the Clinton years when we had the Secretary Gates, said this: of contractors, which we have pre- longest economic expansion in this Na- . . . the budget of the Pentagon almost viously described. tion’s history. doubled during the last decade. The House Republican plan on rev- For our colleagues who say, oh, you And he is right about that. Our chart enue is really almost impossible to be- can’t touch revenue or you will kill the shows that. lieve. In a circumstance in which we economy, you will kill job creation— But our capabilities didn’t particularly ex- have record debt, in a circumstance in really? How about the historic record? pand. A lot of that money went into infra- which the revenue of this country is The historic record shows very clearly structure and overhead and, frankly, I think the lowest it has been in 60 years, what that during the Clinton years, when a culture that had an open checkbook. is part of their answer? Cut taxes some you had revenue at the same level as ‘‘A lot of that money went into infra- more, and cut them for the very we have in this plan, you had the long- structure and overhead’’—overhead— wealthiest among us, cut them another est economic expansion in this Na- ‘‘and, frankly . . . a culture that had $1 trillion for those who are the most tion’s history—39 quarters; 32 of those an open checkbook.’’ We cannot afford fortunate among us. I am not making quarters during the Clinton years—the an open checkbook anywhere. We have this up. This is the House Republican longest uninterrupted period of eco- to go after waste, fraud, and abuse in plan: Take a circumstance in which we nomic growth in this Nation’s history, every department. We have to go after have record debt, the lowest revenue and you had revenue at the same level infrastructure spending that really we have had in 60 years, and cut taxes we are talking about in this plan. does not contribute to improving our for the very wealthiest among us by Facts are stubborn things. A previous defense. We have to go after overhead, another $1 trillion by extending the top President said that. He was right. The overhead costs that have really run rate cuts, by a $5 million estate tax ex- fact is, we had the longest period of un- amok. emption. They actually cut revenues interrupted growth in our economy Chairman RYAN of the House said $4.2 trillion below the CBO baseline. during a period in which revenue was this about defense: Let me repeat that. They actually cut at the level we are proposing in this There are a lot of savings you can get in revenue in their plan $4.2 trillion below budget. That is a fact. defense. There’s a lot of waste over there, for the Congressional Budget Office base- Mr. President, the proposals in the sure. line. That is inexplicable. Yet, when they came with their plan, budget framework also seek to bring us Maybe we can start to understand it transparency. We have tax reform that they continued the path of increasing when we look at what a former Reagan defense spending year over year with- simplifies the Tax Code, scales back economic adviser said about the House tax loopholes, protects the middle out any discipline. This is the plan Republican plan. Mr. Bartlett said this: they outlined—from $529 billion a year class, improves progressivity and fair- Distributionally, the Ryan plan—— ness of the code, promotes economic headed for $667 billion a year, and that The House Republican plan—— does not count the war funding. growth and U.S. competitiveness—be- is a monstrosity. The rich would receive In our plan, we have done what the cause we lower the corporate rate from huge tax cuts while the social safety net 35 percent to 29 percent to make Amer- fiscal commission called for. We have would be shredded to pay for them. Even as achieved the same savings out of secu- ica more competitive, and we pay for it an opening bid to begin budget negotiations by closing corporate loopholes. We also rity as the fiscal commission did—$886 with the Democrats, the Ryan plan cannot billion out of the security category. be taken seriously. It is less of a wish list address the tax gap, offshore tax ha- Now, that includes defense. Obviously, than a fairy tale utterly disconnected from vens, and abusive tax shelters, and en- defense is most of security, but in the the real world, backed up by make-believe sure that corporations pay their fair ‘‘security’’ category also falls home- numbers and unreasonable assumptions. share. Ryan’s plan isn’t even an act of courage; it’s land security, and also included is vet- just pandering to the Tea Party. A real act The specifics of our revenue proposal eran spending. Veteran spending, by of courage would have been for him to admit, are as follows: The tax cuts—the so- the way, is one place we do not cut a as all serious budget analysts know, that called Bush-era tax cuts—are extended nickel. The veterans deserve to have revenues will have to rise well above 19 per- for singles earning up to $500,000 a year the promise we have made to them cent of [gross domestic product] to stabilize and for couples earning up to $1 million kept, and under our budget, every dol- the debt. a year. So 99 percent of the American lar that has been promised to veterans Revenue today is 14.8 percent of people will see no rate increase—none; will go to them. That does not mean we GDP—again, the lowest it has been in 99 percent of the American people will cannot save money out of the security 60 years. If we look at the last five see no rate increase. One percent will, side. The fiscal commission—which, by times the budget has been balanced in and it will be those who are suffi- the way, is the only bipartisan plan the last 50 years, here is what we see: ciently fortunate to be earning over $1

VerDate Mar 15 2010 01:31 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.003 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4464 CONGRESSIONAL RECORD — SENATE July 11, 2011 million a year—the top 1 percent in tion in tax expenditures if we recover period of economic expansion in our this country. We ask them to go back 80 percent of the losses from tax havens Nation’s history, and 24 million jobs to rates of the Clinton era, when the and tax shelters. were created—the best record ever. top rate was 39.6 percent, capital gains Probably, the realistic expectation That is the fact. That is what really were 20 percent. Those are the rates ought to be somewhere in between happened—not some fairy tale about that pertain—when we had the longest those extremes. what happens if we get the country economic expansion in our Nation’s If the CBO scored the proposal by back on track, if we move toward bal- history. Senate Budget Committee Democrats, ancing the budget, toward getting the For those who say it is a job killer, they would not say there is any tax in- debt down, because that is in fact what they have to explain how that can be crease here at all. Let me repeat that. happened during the Clinton years. since history shows something quite If the Congressional Budget Office Yes, we had the highest rate of 39.6 different from their claim. scored this proposal by Senate Budget percent on those earning over $1 mil- We also provide for alternative min- Committee Democrats, they would say lion. But it didn’t crater the econ- imum tax relief. That costs $1.5 tril- there is a $765 billion tax cut over 10 omy—no. The economy grew. We had lion. That is not a tax increase. We are years. How can that be? How can I be the longest economic expansion in this lowering taxes that would be imposed saying there is $2 trillion of additional Nation’s history, and 24 million jobs by the alternative minimum tax, which revenue over 10 years, and the Congres- were created during that period, the is increasingly gobbling up middle- sional Budget Office would say—if they best record ever. class taxpayers. We are preventing that evaluated this plan by Budget Com- Let’s look again at history. The last from happening. It costs $1.5 trillion to mittee Democrats—they would say it is five times economic growth was above fix. So we are replacing that revenue a $765 billion tax cut? The reason is 4 percent in this country, the top tax with other revenue. I don’t consider simple. rate was 39.6 percent on those earning that a tax increase. That is merely sub- In our plan we extend all of the mid- over $1 million. Facts. Facts are stub- stituting revenue for revenue that we dle-class tax cuts. In addition, we actu- born things. In 1994, the top rate was are subtracting to prevent middle-class ally broaden the middle-class tax cuts 39.6 percent and the growth rate was 4.1 people from being caught up in the al- so that nobody is affected by a rate in- percent. In 1997, the top rate was 39.6 ternative minimum tax. crease unless they are a couple earning percent and economic growth was 4.5 We also reform the estate tax, going over $1 million a year. We also provide percent. In 1998, we had 4.4 percent eco- back to the 2009 levels which are $3.5 the alternative minimum tax relief to nomic growth. In 1999, it was 4.8 per- million a person and $7 million a cou- prevent millions of middle-class people cent. In 2000, we had 4.1 percent eco- ple. That means well over 99.5 percent from being affected by that law. nomic growth—the strongest economic As I indicated earlier, that costs $1.5 of estates would be completely exempt. growth, going back decades, in every trillion over the next 10 years to shield That is a fair plan. year. The top rate on people earning middle-class taxpayers from that. We also assume net $2 trillion of ad- over $1 million was 39.6 percent, which Third, we provide estate tax reform ditional funds from closing tax loop- is precisely what we are proposing in at the 2009 levels so that well over 99 this plan. holes, cutting tax subsidies, promoting percent of estates are completely tax fairness. That is over 10 years. Mr. President, I think it is undis- shielded or exempt. puted by serious economists, of what- We assume tax preferences for indi- Again, when our Republican col- ever philosophical stripe, that these viduals are reduced 9 to 17 percent, de- leagues say—and some of them do—you tax expenditures have to be reined in. pending on the amount of offshore tax can’t have a higher tax rate, even on We are spending $1.1 trillion a year on havens and abusive tax shelters that those earning over $1 million, it will tax expenditures. Some of the most are closed. kill the economy—really? How about conservative economists in the country We assume, as I indicated earlier, looking at the facts. How about look- have said that is just spending by a dif- that the corporate rate is lowered to 29 ing at the historic record. How about ferent name. Here is Martin Feldstein, percent, offset by reducing corporate being informed by what has actually professor of economics at Harvard, tax expenditures and closing corporate happened before because when we look Chairman of the Council of Economic tax loopholes—specific policies to be at history, we find quite a different an- determined by the Finance Committee, swer than our friends on the other side Advisers under President Reagan. He as they always are. are providing. has written a column called ‘‘The Tax Mr. President, when I indicate there What we find is that the last time Expenditure Solution for Our National is a range for reducing tax expendi- the top rate for those earning $1 mil- Debt.’’ He said this: tures from 9 to 17 percent, depending lion was 39.6 percent, we experienced Cutting tax expenditures is really the best on how much savings we get out of off- the longest period of uninterrupted way to reduce government spending. . . . shore tax havens, here is the math. economic growth in U.S. history. That It is called revenue, but it is really Over the next 10 years, the tax pref- is a fact. We had 39 quarters of eco- spending. erences—or expenditures, as they are nomic growth from 1991 to 2000. For 32 Eliminating tax expenditures does not in- sometimes called—will cost the Treas- of those quarters, Bill Clinton was crease marginal tax rates or reduce the re- ury $14 trillion. Let me repeat that. President, and we had a top rate of 39.6 ward for saving, investment or risk-taking. It would also increase overall economic effi- The loopholes, the exclusions, the pref- percent on those couples earning over erences in the Tax Code will cost the ciency by removing incentives that distort $1 million a year. private spending decisions. And eliminating Treasury $14 trillion over the next 10 Our friends on the other side say: or consolidating the large number of over- years. You will kill jobs. Do you know what is lapping tax-based subsidies would also great- On top of that, offshore tax havens fascinating? I remember this debate ly simplify tax filing. In short, cutting tax and abusive tax shelters will cost the back when we passed deficit reduction expenditures is not at all like other ways of Treasury another $1.4 trillion. That is under President Clinton. Our friends on raising revenue. according to estimates based on data the other side said the same thing This is from the head of the economic from the Permanent Subcommittee on then. I remember, I was seated here lis- advisers under President Reagan, say- Investigations. So if we recover noth- tening to the then-Republican leader ing we ought to cut tax expenditures. ing from tax havens, to reach our rev- claim that if we passed the Clinton That is exactly what the Senate Demo- enue numbers we would have to reduce plan to get the deficit down and bal- cratic budget plan does. We cut tax ex- tax expenditures 17 percent. On the ance the budget, we would crater the penditures 9 to 17 percent, depending other hand, if we recover 80 percent of economy. Those were the exact words on how much we are able to save from tax haven losses and tax shelter losses, our friends on the other side used at closing off these offshore tax havens the reduction in tax expenditures that time—that if we raised rates on and the abusive tax shelters. would only have to be 9 percent—17 the wealthiest among us, it would cra- If we get no savings from tax havens percent reduction in tax expenditures ter the economy. and tax shelters, then we would have to if we get no savings from tax havens What happened? Not only did we not reduce tax expenditures 17 percent. If and tax shelters, and a 9-percent reduc- crater the economy, we had the longest we are able to reduce tax havens and

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.004 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4465 the other loopholes, offshore loop- We also know it is not just on the in- Katz in ‘‘The Future of Inequality: The holes—the abusive tax shelters—by 80 dividual side but on the corporate side Other Reason Education Matters So percent, then we would be able to re- as well. This is a little five-story build- Much.’’ duce tax expenditures by 9 percent. ing in the Cayman Islands. Now, 18,857 When we see what our friends on the Just like Martin Feldstein who said companies say they are doing business other side are doing, they are cutting we ought to have after tax expendi- out of this little building. Anybody be- education 15 percent. We don’t believe tures, also Alan Greenspan, former lieve that? Anybody believe 18,857 com- that is the right priority for the coun- Chairman of the Federal Reserve, said panies are doing business out of this try. Yes, overall spending has to be this: little 5-story building down in the Cay- cut. We do cut spending—almost $2 I think that Republicans are out to iden- man Islands? I would say that is the trillion in the Democratic blueprint, tify a very significant amount of so-called most efficient building in the world. almost $2 trillion—but not education. tax expenditures, which in fact are Imagine, a little 5-story building, and Another key priority is energy. We misclassified. They are expenditures, they all know what has happened to gas are outlays, and many are subsidies, and sub- 18,857 companies say they are doing sidies are not the type of thing that you business out of there. They have maybe prices. They have soared from $1.81 in want for an efficient market system. There 100 employees in that building. Those December of 2008 to over $3.50 a gallon are a lot of them. are the most efficient people in the en- by July 4. I just paid $3.77. We all know Mr. President, that is what we are tire world. Unbelievable what they are what is happening to gas prices. Many proposing. Let’s go after these sub- doing. of us believe a key priority is to reduce sidies, these preferences, these exclu- You know what, they are not doing our dependence on foreign energy. sions. While we are at it, let’s go after business; they are doing monkey busi- House Republicans have a different offshore tax havens, abusive tax shel- ness because what they are doing is idea. They cut the programs to reduce ters. Let’s shut them down. cheating all the rest of us who pay our dependence on foreign energy by 57 If there is any doubt about where this what we owe. Why are they down in the percent. We reject that proposal. We money is going, here it is: 26.5 percent Cayman Islands, those 18,857 compa- don’t think it is in the national inter- of tax expenditures go to the top 1 per- nies, calling that little building home? est. cent in this country; 26.5 percent of all Because there are no taxes down in the Infrastructure—roads, bridges, air- tax expenditures go to the top 1 per- Cayman Islands, and they are showing ports, rail. Here is what the U.S. Cham- cent. So when we are saying we may their profits in subsidiaries they say ber of Commerce has said about infra- have to reduce tax expenditures 17 per- are operating out of that little building structure spending: cent, we could do it all just with the so they can avoid paying the taxes the If we don’t change course over the next top 1 percent. That is where the benefit vast majority of us pay right here in five years, the economy could forgo as much is going. the United States. That is outrageous. as $336 billion in lost economic growth as Let me show you in another way. The That is unfair. Our Republican friends transportation networks continue to deterio- top 1 percent, in dollar terms—the rate. I am well aware of the fiscal con- say: Oh, you can’t touch that; it is a straints facing this Congress and the nation. value, on average, of tax expenditures tax increase if you do. Really? That is But we must avoid cutting off our nose to for those who are in the top 1 percent a tax increase? I don’t think so. spite our face. Without proper investment in this country, earning an average of Offshore tax haven abuse is prolifer- and attention to our infrastructure, the $1.1 million a year, they get, on aver- ating. If anybody doubts it, go Google United States’ economic stability, potential age, a benefit every year from tax ex- offshore tax havens and see what hap- for job growth, global competitiveness, and penditures of over $205,000. For those pens. See what happens if you Google quality of life are all at risk. who are in the middle quintile, those offshore tax havens. The experts here That is a quote from Thomas earning $39,000 a year, their average on the Permanent Subcommittee on Donohue, the president and CEO of the benefit is $3,000. You can see that the Investigations have said this: U.S. Chamber of Commerce. top 1 percent have a benefit from tax Experts have estimated that the total loss Republicans in the House weren’t lis- expenditures that is 66 times what peo- to the Treasury from offshore tax evasion tening because they propose cutting ple in the middle get. It is not unfair to alone approaches $100 billion per year, in- transportation funding in their budget go to those who have had the greatest cluding $40 billion to $70 billion from individ- by 30 percent. We reject that cut as benefit from the national economy uals and another $30 billion from corpora- well. It does not make sense to cut edu- over the last two decades and say to tions engaging in offshore tax evasion. Abu- cation, to cut infrastructure. It does them: We need you to help a little bit sive tax shelters add tens of billions of dol- not make sense. It will only weaken lars more. more to get out of this debt rut we are our position. in. And you know what, that is not un- The Democrats on the Budget Com- On health care, the House Republican fair because they have had the greatest mittee said: We have had it. We are plan ends Medicare as we know it. It benefit over the last 15 years. going after those people. We are going replaces it with a voucher system, Here is something that I think shows to insist they pay their fair share just block grants Medicaid, and shifts costs it conclusively. This is the effective as the vast majority of Americans al- on seniors, children, the disabled, and tax rate for the 400 wealthiest tax- ready do. So we are saying: We are individual States. It ends the counter- payers in America. In 1992, it was about coming after you. If you have a tax cyclical nature of Medicaid, and it 27 percent. In 1995, the tax rate for the haven down in the Cayman Islands, we defunds health care reform, increasing wealthiest 400 was 30 percent—29.9, to are coming after you. If you have an the number of uninsured by at least 34 be exact. Look what has happened abusive tax shelter, we are coming million people in this country. The since 1995. The effective tax rate for after you because it is not fair to all House Republicans have said their plan the wealthiest 400 taxpayers in Amer- the rest of us who are paying what we saves Medicare. I don’t think so. I ica has gone down to 16.6 percent. They owe. think it kills Medicare. Why do I say have had their tax rates cut almost in There are critical priorities that that? Because under traditional Medi- half. Has anybody else had their taxes shouldn’t be cut. One is education. care now, the beneficiary pays 25 per- cut in half? I don’t think so. The people Education is the foundation for future cent. Someone who is eligible for Medi- who have had their taxes cut in half economic strength. care pays 25 percent of the bill. Under are the wealthiest among us. So it is An educated population is a key source of the House Republican plan, they would not unreasonable to go back to them economic growth. . . . Broad access to edu- pay 68 percent of the bill. That just cation was, by and large, a major factor in and say: Hey, wait a minute. We have the United States’ economic dominance in stands things on their head. Instead of to go back to what the tax rates were the 20th Century and in the creation of a people having Medicare as a social here—not back to an effective rate of broad middle class. Indeed, the American safety net when they get to their sen- 30 percent but a top rate that we had in Dream of upward mobility both within and ior years, they would have it pulled out the Clinton years when we had the across generations has been tied to access to from under them. largest economic and longest economic education. We have rejected the House GOP ap- expansion in our Nation’s history. That This is a quote from Harvard econo- proach and would remind our col- seems reasonable. mists Claudia Goldin and Lawrence leagues that we have had large health

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.004 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4466 CONGRESSIONAL RECORD — SENATE July 11, 2011 care savings that were already enacted PASSAGE OF DODD-FRANK derwriting—subprime credit. They last year in health care reform. The Mr. ISAKSON. Mr. President, I com- made loans to people who were higher Congressional Budget Office says that mend the Budget Committee chairman risk in order to price it at a higher will save in the second 10 years $1.3 on his contribution to this debate and rate, and they blurred qualifying re- trillion. So, yes, everything has to be his contribution to our country. I quirements to where, all of a sudden, if on the table, but we just took a big run enjoy listening to his remarks and ap- you walked in and fogged up a mirror at getting our health care costs back in preciate many of the ideas he has of- with your breath, you could probably line—$1.3 trillion in deficit savings, ac- fered today. get a mortgage loan and they could cording to CBO. I rise to talk about an anniversary probably securitize it. In conclusion, the overview of the today—no, it is not my anniversary or Dodd-Frank was designed to see to it budget framework we are offering our his but the anniversary of Dodd-Frank, that didn’t happen again, and I com- colleagues for their consideration pro- which passed a year ago today. mend them for it. But as government vides $4 trillion in deficit reduction This morning at a press conference, often does, sometimes it goes too far over 10 years. It is actually $5 trillion BARNEY FRANK, then-chairman of the when the pendulum swings back the if measured on the same basis as the House Banking Committee and the other way. fiscal commission. We have adopted Frank portion of the Dodd-Frank legis- Thus is the dilemma we are in today, what we think is a more plausible base- lation, gave a speech before the Na- as the rule being proposed by the FDIC, line in light of things that have hap- tional Press Club. In it he made some the Federal Reserve, Comptroller of pened over this year. It stabilizes the comments that are very important, the Currency on the QRM rule is going debt by 2014 and cuts the deficit to 21⁄2 and I wanted to share my agreement to require, in addition to quality un- percent of GDP by 2015 and 1.3 percent and support for some of the things derwriting, a minimum 20-percent by 2021. We have tax reform that sim- Chairman FRANK said. downpayment. plifies the code. This closes loopholes I did not vote for Dodd-Frank when it For years in this country we have and goes after offshore tax havens and passed 1 year ago, but I did, along with had 90 percent and 95 percent conven- abusive tax shelters and restores fair- Senator HAGAN and Senator LANDRIEU, tional financing or, in terms of FHA, ness. We reject the House GOP plan to offer an amendment which was adopted 3.5 percent downpayment and VA none end Medicare as we know it. We protect by the Senate and ultimately agreed to at all. There have been various vari- education, energy, and infrastructure by the House in the conference com- eties of downpayments that have been investments. And we have a balanced mittee. It was an amendment known as allowed based on the loan and its insur- deficit and debt reduction plan, cutting QRM, qualifying residential mortgage, ance. But with this rule of requiring spending by about $2 trillion and pro- an amendment to carve out an exemp- risk retention on any loan with a viding additional revenue by about $2 tion from risk retention for a well-un- downpayment of less than 20 percent, trillion. derwritten mortgage loan. except for an FHA or VA loan, it is The Dodd-Frank bill, as many in this Let me conclude as I began by saying going to literally destroy what is left room will remember, originally called that our revenue plan would be scored of the residential housing market be- for a total 5-percent risk retention on by the Congressional Budget Office as cause it will extract what is probably every residential mortgage made, being a $765 billion tax cut because we 40 to 45, maybe 50 percent, of the cur- which would have eliminated many are replacing revenue lost by extending rent market today. people from making any residential Senator LANDRIEU, Senator HAGAN, other tax cuts. We are extending all mortgages at all. Ranking Member and myself in QRM proposed that peo- the middle-class tax cuts and expand- FRANK today in his comments said: ple have a qualifying ratio of debt to ing middle-class tax cuts up to those Well, we had a 100-risk retention prior income that is sufficient to amortize earning $1 million a year. And we are to 1994. the debt, a third-party verification fixing the alternative minimum tax. He is right. That is when savings and they have a job, a credit score that in- That costs $1.5 trillion over 10 years. I loans made loans, and that is when the dicates they are willing to pay their don’t consider that a tax increase at all Federal Government insured the oth- payments, an appraisal that indicates because you are reducing revenue that ers, and savings and loans had pref- the house is worth what they are pay- would otherwise come into the Treas- erential interest rate treatment so ing for, and a downpayment with mort- ury under the alternative minimum they could make preferential payments gage insurance required if the down- tax—which I think almost all of us to people to save in their institution payment was less than 20 percent. think is unfair—and replacing it with versus the bank. But the Federal Gov- Today, I wish to quote Ranking revenue by reducing tax expenditures. ernment took away the one-quarter Member FRANK. When talking about Even the most conservative economists percent differential that savings and risk retention, he said: I am troubled in the country say that needs to be loans had and the banks became com- because there is an assault now on risk done. petitive with savings and loans for retention—BARNEY FRANK—adding that That is the blueprint the Senate short-term and long-term deposits of even though he believes the 20 percent Budget Committee Democrats are lay- savings and all the savings money requirement in the QRM rule being cir- ing before our colleagues. We are under flowed to the banks that offered other culated is too high. When asked further no illusions. We know this is a year in products. So savings and loans went what would be a good downpayment, he which the normal process is not being out of business. When they did, there said at least 4 or 5, something above followed. We understand there are lead- was no residential mortgage money, at FHA. ership negotiations at the highest least no conventional money, available I wish to commend the ranking mem- level, so we understand this is not in America. ber because he is precisely right. Al- going to be dealt with in the normal So what happened? The securitized though he in his original intent with course of doing business. We under- market began. Freddie and Fannie Dodd-Frank did not want to bifurcate stand there is leadership negotiation, began to play a significant role in pro- residential qualifying mortgages by but we believe there are some ideas in viding conventional residential mort- some having risk retention and some this package that deserve consider- gage money. Until the collapse, which not, he recognized the importance of ation as those negotiations go forward. began in 2006 and culminated in 2009 doing some of that bifurcation and hav- Mr. President, I thank my colleagues and we still are suffering from today— ing some exception to risk retention. for their courtesy and their patience, until that collapse, securitization was They would have realized that anyway, and I look forward to this continuing a very reasonable and safe way of rais- if you recognize they exempted Freddie debate as we take on the debt threat ing capital for mortgages. Mac, Fannie Mae, and FHA from the that looms over our Nation. What happened in the mortgage col- requirements of Dodd-Frank and left I thank the Chair, and I yield the lapse was not a failure of equity or them solely on the conventional mar- floor. skin in the game by the borrower; it ket. The ACTING PRESIDENT pro tem- was the collapse of underwriting. Mort- So I wish to thank Congressman pore. The Senator from Georgia. gage lenders got into loosey-goosey un- FRANK today for his comments as they

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.007 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4467 related to QRM and his identifying the But they are not going to be a source chairman for many of those years, an downpayment requirement currently of money for long. Something will have unbelievable capacity and under- being circulated is entirely too high. It to replace them, a new entity, probably standing of the budget and what needs is entirely too high, and it is very im- something with securitization. But if to be done. He understands it. He clear- portant that we get the final rule, the QRM rule being circulated now ly recognizes we have to have a bal- which will be published on August 1, to does, in fact, go into place as it is writ- anced approach. have a reasonable downpayment of 5 ten, with a minimum 20-percent down- For months, yourself, Mr. President, percent or more, rather than 20 percent payment, it will be the last nail in the and myself, sitting on the Budget Com- or more. Five percent or more will en- coffin of the American housing market. mittee, along with the chairman on the sure there is skin in the game; and The unintended consequence of reach- Democratic side, have been working to with the other qualifying and under- ing too far to react to the terrible cri- try to figure out how do we craft a bal- writing provisions in QRM, it will en- sis which we had will put the death anced approach. How do we ensure that sure that quality residential mortgages knell of the housing market squarely at the end of the day, we recognize we are being made. on the shoulders of this Congress, this have to have a budget that continues I am not one to offer advice often to administration, and these regulators to help grow our economy, creates fair- the President. He is the President. He who are currently carrying out those ness in the system, and makes sure we can do as he wishes. But today in Polit- rules. take the responsibility of creating a ico there is an article about the Presi- I wish to commend Ranking Member more accountable and financially re- dent is now returning to revisit the FRANK on his comments today, his rec- sponsible budget, not only for this year residential housing market because he ognition that the QRM rule being cir- but for the years out, and dealing with understands employment is not coming culated asks too much, recognizing a comprehensive approach to dealing back until housing comes back; he un- that a 5-percent or greater downpay- with the deficit? derstands the American dream is, for ment is a reasonable approach and rec- This is not an easy task, to say the some people, now the American night- ognizing that underwriting is the im- least. I can say, standing here, and I mare; and he understands what has portant key to see to it that we have a know, Mr. President, as a member of been done so far has not been working. housing market. the Budget Committee also, none of I wish to suggest to the President I commend the gentleman from Mas- those meetings were easy in the discus- that if he thinks what is happening sachusetts. I thank him for adding that sion, if I could say that—robust de- now is a nightmare, you just wait until comment today to the National Press bates, robust controversy in some of this QRM rule that is being circulated Club. I hope the regulators, the FDIC, the issues we talked about but also a now actually goes into effect. Without the Federal Reserve, the Comptroller lot of ideas. But what is in front of us? it being changed and a continued re- of the Currency, and the Treasury No one can match the chairman’s ap- quirement of a 20-percent downpay- heard it too. If they didn’t hear it and proach of how to address an issue such ment, you will have a further lack of they remain silent and continue with as this as he lays out slide after slide demand in the housing market, which 20 percent, they will be doing exactly the impacts, from the macro to the already is almost at least anemic, if the opposite of what the President of micro, of this budget and what it will not feeble, because most Americans the United States stated he wants to mean. But it is clear the budget pro- who want to buy a home can afford 5 do; that is, bring the housing market posal he has laid out, the framework, percent or maybe 10 percent down, but back in America. as he calls it, by the Democratic ma- they can’t afford 20, and that is middle I yield back. jority of the Budget Committee is $4 America. If you pull them out of what The ACTING PRESIDENT pro tem- trillion in cuts for deficit reduction is already an anemic housing market, pore. The Senator from Alaska is rec- and is achieved in a very fair and bal- you would have no housing market at ognized. anced way, without putting the burden all. Mr. BEGICH. Mr. President, before I on the backs of seniors, working fami- So as this Dodd-Frank rule is being talk about the budget, I wish to com- lies, and small business. This is a bal- circulated in the next 21⁄2 to 3 weeks be- mend the Senator from Georgia. anced approach. The deficit-cutting fore it is finalized, I hope we can all As someone who has been in the real mechanisms are drawn half from sav- keep up the drumbeat for the regu- estate business for many years, such as ings and half from revenues. Revenues lators to be reasonable in their ap- the Senator from Georgia, he is abso- mean closing loopholes. proach—understand risk retention is lutely right. If homeowners are stuck His photo there, which as we sit here important but also understand home with a 20-percent minimum, the odds and present to the President our posi- ownership is important and understand are it will crush the housing market. I tions is hard for people in the balconies we had a collapse that was not down- can tell you this personally because I to see, but it is of an amazing five- payment related. We had a collapse am helping my mother do the paper- story building. It is not a very attrac- that was underwriting related. work now for her home. If she was re- tive building, just a small five-story So if you have strong underwriting quired to put 20 percent down, she building in a tax haven that grants and minimal skin in the game of at would not be buying that home today. thousands and thousands of businesses least 5 percent, you have a qualified We hope to close on the home in the a shelter from their fair share of pay- residential mortgage that does not next 45 days. We are fortunate she is ing their taxes. have to have risk retention; therefore, able to do that, but 20 percent would The idea of this revenue component you will have enough capital raised in take her right out of the market, un- of the proposal we put forth is closing the mortgage markets to fund a hous- able to buy the home she wants to re- loopholes, closing down tax avoidance ing demand which hopefully is going to tire in. schemes that rely on abusive tax shel- continue to grow. So I say to the Senator from Georgia, ters, and, yes, cutting tax subsidies, In the absence of securitization, in I hope more people hear it in the ad- ending the practice of giving the the absence of an exemption of risk re- ministration, because if they don’t wealthiest of the wealthy tax subsidies tention for a qualified residential hear that, as we know with the housing they simply do not need. It is about mortgage, there will be no housing market, it is a critical component of promoting fairness. market in the United States of Amer- our ability to pull ourselves out of the As we dealt with this budget, a $4 ica. recession. I thank the Senator for mak- trillion reduction—a number that the FHA is already under so much stress ing those comments and noting that. bipartisan commission hit as their tar- and duress, it is awful and it is fright- I know Senator CONRAD was down get, one we hear out there now in the ful. The Veterans’ Administration is a here earlier, the chair of the Budget press a lot but one we felt was a rea- privileged loan for those who have Committee, to talk about the budget sonable approach. It is more than the served and made the ultimate sacrifice framework. I first wish to say thanks House budget that was proposed. The for our country, and they deserve it. to Chairman CONRAD. Here is someone House budget included savings only on Freddie and Fannie are exempted be- who has been on the Budget Committee the spending side and actually wors- cause we have them in conservatorship. for 25 years, since 1986, and has been ened the outlook on the revenue side

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.008 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4468 CONGRESSIONAL RECORD — SENATE July 11, 2011 that we simply do not believe is good Budget Committee, Chairman CONRAD, sively closing shelters and loopholes, enough. in education, energy—which is, of and not just for one industry over an- The budget is about fairness, about course, for my State critical—and in- other industry, which has been some of ensuring that we have a system that is frastructure, core infrastructure. the debate, it is for fairness of all. We balanced but also investing in the right I use my experience as a mayor. In look at it all because we want everyone areas so we have long-term and contin- my short term as mayor of Anchorage, to be treated fairly. ued growth. We do not give more tax we built more roads than all the may- Let me talk about a couple of more breaks to corporations and the rich and ors combined in the previous 20 years. pieces in the majority’s budget from then put the burden on the backs of We built more vertical construction— the Budget Committee. Chairman CON- seniors, poor kids, working families, fire stations, convention center, muse- RAD went through it in great detail but disabled. It is unacceptable to put the ums, and other facilities that helped I want to emphasize this point. The burden on our most vulnerable popu- water, sewer, power, new generation of AMT, the middle-class tax cuts—what lation. The budget is truly a moral doc- gas turbines—all that because when does this mean? What does this mean ument. It defines where we are going to you build that infrastructure, the pri- for the average person here? go, what we are going to do, and how vate sector will attach to it, will be at- Right now, 4.3 million taxpayers are we are going to look in the next 10 tracted to it and will build off of that. affected by the AMT, which is a small years or 20 years as a country. This budget that is being presented tax provision that many years ago was When I was mayor of Anchorage in by the majority on the Budget Com- set in place to get the richest of the 2003, when I got elected, I had a budget mittee keeps our investments in edu- richest. But it was never indexed, never around $215 million, with about a $33 cation, energy, infrastructure, which in inflation adjusted, so it has grown. million hole in it—pretty significant in turn will ensure that we continue to There are 4.3 million taxpayers we have the sense of proportions. We had to move back into the realm of being affected today. If we do not fix this tax deal with spending and reducing it. We more competitive on the worldwide problem, it will increase to 31 million had to create a fairness in the revenue, market. people who will have additional taxes but we also had to invest. But we also We have all heard the budget pro- to pay. What are we doing? We are putting knew the document and the work we posal lays out some ideas on tax re- on the AMT patch to fix this problem were doing in the budget would define form—not just a little bit here and a so 30-plus million people will not have where our community went, not just in little bit there, but fairly significant. this additional tax burden. We think it the year we were doing it but in the When we talk about our corporate rate is right. We think it is the right ap- next several years down the road. in this budget proposal by the majority proach. It goes to the people who need I was very pleased. When I got elect- in the Budget Committee, it brings it it the most. down to about 29 percent. It is not ed to the Senate, it was, I think, Busi- In addition, this framework that was ness Week and others that rated the where I would like it, but it is better laid out today, for singles earning city that I was mayor of, Anchorage, as than where it is today. It gets us more $500,000 and couples earning $1 million probably the most likely city in the competitive on the world market. or more, they will not receive the same A group of us also have introduced country to recover from the recession tax relief as everyone below them will legislation in advance of this budget the fastest. As a matter of fact, Forbes receive. The tax relief will be focused proposal, the Wyden-Coats-Begich Bi- has listed it, not only last year but this on families who earn $1 million or less. partisan Tax Fairness and Simplifica- year, I think, No. 3 this year as the Why is that important? Because not city of job growth because there was a tion Act. The legislation provides real only are they families, but almost 98 foundation laid. We had to make some tax reform for our very outdated sys- percent of all small business earn $1 tough decisions, and I remember as tem. It plays off of exactly what the million or less pretax. So we protect mayor they were no fun. I remember majority laid out, a budget proposal the backbone of my State. I can tell the role of the Presiding Officer in the that talks about tax reform to create you as a small businessperson, the Pre- community he represented. There are certainty for our business community siding Officer knows that as someone tough decisions we have to make, but for long-term investments, and we take who worked in a small business and it you have to make them. it one more step. Not only do we look grew to a larger business, it is the I can still remember one headline at the corporate component, we look at backbone. It is what makes the dif- that as we were trying to figure out the individuals. ference in hiring people. Every day what do with our library system that Can you imagine, as an individual when people see their revenue stream wasn’t run as well as it could be, I still right now we deal with six different start to increase, small businesses remember this headline to this day: rate structures. If we can reduce it to start hiring people. They need those ‘‘Begich Lays Off 21 Librarians,’’ which three, which our bill does, and you employees. is not a very good headline, to say the could do your tax return on one page— But this proposal is not only for the least. can you imagine the amount of time, individual, and then also the larger But what did we do? We reexamined effort, and money individuals will corporation bringing in that corporate it, reinvested, increased our partner- save? We take the budget proposal that rate, but it protects almost all the ships with the private sector today, the committee I sit on and the Pre- small businesses in this country—and, and the library system is more robust siding Officer sits on one step further. of course, being very biased—and in my than ever before, with new branch li- Not only do we focus on stability and State. braries serving more kids than ever be- certainty for the business community, What does that mean? That means fore, better facilities, new equipment, which is critical for long-term invest- when you calculate it all in real dol- new technology. It is more robust than ments they need to make to ensure all lars, and you heard the numbers, when it has been in decades because we had those trillions they have literally you think about the tax reductions, to make some tough decisions for the locked up in their cash accounts be- the tax savings for middle-class Ameri- long term. cause they are not sure where we are cans and small business, it is well over That is where we are today, espe- headed as a country, we create the cer- $1 trillion between the AMT and pre- cially after the disappointing news we tainty, but we also ensure the indi- serving the tax relief for families earn- had this last week with regard to the vidual has a compressed rate, a more ing under $1 million. It is significant. job market, when the economists fair system, and simplified, which we That is money that small businesses thought we were going to have 120,000 think is important. will reinvest into their businesses, em- new jobs and we ended up with just Tax reform is an integral part of the ploying other small businesses to do 18,000, unemployment rising to 9.2 per- conversation on deficit reduction. I am the work. It is families who will have cent. pleased Senator CONRAD’s proposal also more disposable income to put into the As I said, this plan protects critical provides some of the same tax reform economy which means more purchases investment that will help us build the principles I mentioned. As I mentioned, from businesses which means more hir- future of our economy here. It invests, it not only deals with the rate struc- ing and this has a constant ripple ef- as mentioned by the chairman of the ture but, as he detailed, very aggres- fect.

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.009 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4469 When you talk to business owners, not a driver. It has not contributed 1 know I put up a Web site request ask- and I have—I spent a lot of time with penny to this deficit. We need to treat ing Alaskans what it is they want to them as a small businessperson and a Social Security in a way that ensures cut. What do they want to save or have Senator now, meeting with business sustainability in the long term and as revenues? Like good Alaskans, they folks on a regular basis—over and over there are simple solutions to that that were not bashful. They were very ada- again they tell me put the money in I know we can get to. mant about what they wanted and the hands of the consumer. Then the We also ensure that Medicare is what they did not want and where we consumers will spend that money and taken care of, that benefits are not re- should cut and where we should not improve the economy because, as they duced. Also, as the chairman said so cut. I have taken all that in, and I have spend money, we will hire more em- eloquently earlier, we have to ensure used that as part of my debate and dis- ployees and buy more product. It goes that our veterans are protected, those cussion with the majority of the Budg- on and on. who serve now in Iraq and Afghanistan et Committee to figure out what the There is a difference between what and all around the world, and served right approach is. I think this is the we are trying to do in the sense of the before. We owe a great deal to vet- right approach. I think some might value, who receives the benefit of a erans. In some cases before I got here I call it a big deal. In the Senate, this is comprehensive budget proposal, a know there was a lot of debate in the the big deal. We are in the big place. budget proposal that the majority in Veterans’ Committee on which I sit. This is where big deals happen. This is the Budget Committee has worked on We have been working to be very sure where it all has to happen. It is where for the last 2 or 3 months, at least, and they get the benefits they deserve. We we drive the economy in the sense of before that trying to figure out the need to make sure we fund them. When our certainty and our policies. If we right approach. It is a balanced ap- we send them to war and they become cannot have a strong deficit reduction proach. It focuses, as I said, on dealing veterans after their service, we have an budget, we are not going to create the with budget reductions, accountability, obligation, an obligation that should certainty the business community ensuring that where there is waste we not be sliced and diced because we needs to invest, which will, in turn, go after it aggressively. Where people want to make political statements on employ more people and create a better are taking advantage of the system at the budget cutting process. They need economy for us here and obviously will the cost of the everyday person, we go to be protected. have an impact around the world. after that. But we don’t forget that we As I said, this budget does good I want to say thank you for an oppor- have to invest in the core issues of edu- things. It is a fair approach. It may not tunity to say a few words, again, com- cation, energy, and infrastructure, so be perfect in all senses. I can tell you mending the chairman, who was here we continue to grow this economy. there are things I don’t like in it that earlier, for all of his work. It is a tough We must have a balanced approach in are going to impact groups that are call. I will end on this comment, the this process. I know on the other side concerned about how we approach this, story I told you about the librarians they will argue over and over, first but we are all in this together. We need and the headline I had to have. That let’s do spending and then we will deal to make the approach the right way. was in my first 6 months in office when with other things. You have to do it all But those who are so hardened now I was mayor. Mr. President, 21⁄2 years together. I am telling you this as a per- who say it is only going to be about later, I won reelection with one of the son who ran a city for almost six years, spending cuts—which, let me make it largest margins in the city’s history. ran businesses for many years: you very clear, I think the Budget Com- So I would say this to anybody who is cannot do it on one piece of the equa- mittee, the majority on the Budget trying to figure out if they are going to tion. It is a three-pronged attack. Committee, is not afraid of dealing win their primary, win their general Some of the folks I know around here with the budget cuts. We have done election: Put that all aside. That is after years of service have gotten a lit- that—$2 trillion of budget cuts. We what I did when I was mayor. I had to tle amnesia as to how it will occur. We have to get used to it when we are here make some tough calls. Did I know if I can blame individuals, blame certain in the Senate, not Bs or Ms, they are would win reelection? No. I didn’t Presidents, certain majorities, but we Ts, $2 trillion of budget cuts. We also know. I knew I did the right thing be- are where we are and we have to deal balance it getting rid of loopholes and cause it was the city I lived in. It was with this. tax shelters in a fair and balanced way the State I grew up in. It was impor- It is not going to be fun. It will be so everyone pays their fair share, but tant for us to make the right decision, uncomfortable. It will make us have to we also make sure we invest in the fu- which at the end of the day is usually dig deep into what is right for the long- ture. the right political decision. That is term health of this country and what If we are shortsighted around this what this body has to do. It is not fun we need to do to ensure America be- place, we will pay for it next year and because people face primaries. They comes what it used to be—a stronger the year after that and the year after face general elections. Some will win, country economically than it is today that. This is truly I think the right ap- some will lose. But if we are true pub- where we are in the lead when comes to proach that goes after ensuring the lic servants, truly it doesn’t matter if innovation and we are in the lead when middle class are not the people car- we are sitting in this room or outside it comes to developing new tech- rying the burden as they have been there; we are always public servants. nologies to lead this world in its eco- doing for the last several years—espe- We have to do what is right in this nomic growth. cially in the last 2 years, clearly—and critical time for this country and in We cannot do it in this process of I that everyone participates. But we also the global perspective. If we don’t do am only going to do one thing and one make sure investment is done the right the right deficit plan, it will ripple thing only. That does not work. It has way. through this country and it will ripple to be a broad, sweeping approach. The chairman laid out in great detail through this world in the wrong direc- We are not going to forget in this all that is in the framework. We think tion. process that we are not going to throw it is an important piece to lay down, Thank you for the opportunity. people overboard who have helped build that Democrats have been working on. Thank you for the chance to say a few this country. When you think of our We have been working every hour, words, but also I implore my colleagues seniors, the generation that built our every day. Even when we are back in on the other side to think about to- country to where it is, ensuring that our home States, trying to talk to con- day’s opportunities for the generations people such as myself, the Presiding stituents, we are talking about the in the future and not about today’s Officer, and others have an incredible budget. The Presiding Officer tells me elections. And I mean on both sides of opportunity, thinking about where stories. Every night he heads home and the aisle. It is about the moment of they need to be, this budget plan keeps he meets with constituents to try to what people do for this country. Social Security off the table. find out what the right approach is I yield the floor. We recognize there are issues and we here. We bring all that information Mr. HATCH. Mr. President, I ask have to deal with it in its sustain- right here in this body. We did it in the unanimous consent that I be permitted ability and we recognize that, but it is majority in the Budget Committee. I to speak until I finish my remarks.

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.011 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4470 CONGRESSIONAL RECORD — SENATE July 11, 2011 The ACTING PRESIDENT pro tem- and it is all the evidence we need that puts Democrats in a position of having pore. The Senator from Utah. they are afraid of the bill coming due to raise taxes big time on the middle Mr. HATCH. Mr. President, in recent on all of their spending. They under- class since they are going to balance days I have spoken several times on stand their hard left base will not ac- the budget without structural reforms the matter of tax expenditures. I am cept structural changes to our biggest to our largest spending programs. Tax going to address this subject again spending programs under any cir- increases on the wealthy will not get today. It is a timely topic. Everyone is cumstances. But they also understand our Nation to fiscal balance. Even if we talking about our out-of-control defi- that the American people will not let the Bush tax breaks expire from the cits and debt. There are divergent opin- stomach for a minute the tax increases top income bracket, the total amount ions on how best to deal with our Na- that will be necessary in the absence of raised over 10 years would be $615 bil- tion’s increasingly perilous fiscal situ- such reforms. This is a difficult posi- lion. That is over 10 years. Yet our def- ation, but there is one thing everyone tion to be in, so rather than deal with icit this year alone is $1.5 trillion to seems to agree on: Both the deficit and the facts, they traffic in obfuscation. $1.6 trillion. This is why the issue of the debt are unsustainable. If we keep This morning I heard the ranking tax expenditures is critical. So every- going down this fiscal path, the United Democratic member on the House body knows, I made it clear, I thought, States will face a crisis similar to that Budget Committee following the Presi- in my last remarks that I don’t want to in Greece and sooner rather than later. dent’s lead and suggesting that remov- tax the truly poor, those who would The numbers could not be clearer. Fed- ing some tax breaks for energy compa- help themselves if they could. I do not eral spending as a share of our econ- nies would fix our deficit crisis. Get- want to tax them. But you can’t tell omy is trending at a pace 15 percent to ting rid of those tax breaks would raise me that 51 percent of all households 20 percent greater than its historical $21 billion over the next 10 years. Yet are the truly poor. I don’t want to tax average of 20.6 percent of GDP. If we this fiscal year alone, in 2011, we will them either, to be honest with you, but leave in place this year’s level of tax- have a projected budget deficit of $1.5 it is apparent we are going to have to ation, including the marginal rate of trillion to $1.6 trillion. So where is the find a better way of broadening the relief between the 2001 and 2003 tax rest of our money going to come from? base of the tax system. Democrats talk cuts, and patch the alternative min- Last week I came under fire for stat- about tax expenditures as though they imum tax, or AMT, the Federal tax ing what I thought to be a relatively were the holy grail of deficit reduction. take will equal or exceed its historic noncontroversial fact. Here is what I Just close these loopholes and happy share of the economy. said: days are here again. The public is being Liberals suggest the deficit and debt In 2009, 51 percent of Americans had zero or misled in this type of debate, but don’t negative income tax liability. can only be resolved with a significant take my word for it. Today the Associ- tax increase. This is either deliberately Here is what that means. In 2009 only ated Press had a story with the fol- misleading or sadly delusional. They 49 percent—a minority of all house- lowing lines: are either selling snake oil to the holds in this country—49 percent of tax SPIN METER: Obama, Dems skirt issue on American people or they refuse to units shouldered 100 percent of the Na- tax hikes. come to grips with reality. Sticking tion’s tax burden. And 51 percent of the This is what the body of the article their heads in the sand is not an op- tax units—a majority of all tax units has to say: in this country—either owed nothing tion. As you can see, here are Federal Proposals under consideration include rais- taxes and spending as a percentage of to the IRS or, better yet, got money ing taxes on small business owners and po- GDP. The red line happens to be the back from the IRS in excess of their tentially low- and middle-income families. spending line. And as you can see, we tax liability. Mr. President, 23 million You won’t hear about that from are way up here in the Obama 2012 of them got refundable tax credits, President Obama. Instead, the Presi- budget. The blue line happens to be the much more than they pay in employ- dent focuses on the very rich and average between 1960 and 2009. As you ment taxes, which are Social Security. speaks euphemistically. Here are a few can see, it is way down here. Our By the way, as they pay into Social Se- of the phrases the President has used of spending is out of control. The markets curity, they only pay a third of what late of what amounts to raising taxes and the American people understand they will ultimately draw out accord- for some: ing to the actuaries, but they are not the nature of our crisis. Nondefense What we need to do is to have a balanced discretionary spending is at historic paying income taxes. This should be no approach where everything is on the table. less controversial than saying the Sun levels and our entitlement programs He goes on to say: are headed for bankruptcy. rises in the east. This is not conjec- When former Speaker of the House ture. It is a demonstrable fact, yet ap- We need to take on spending in the tax code. The tax cuts I am proposing we get rid NANCY PELOSI responded to the utter parently touched a nerve. Because last of are tax breaks for millionaires and billion- failure of President Obama and con- week after raising this issue on the aires, tax breaks for oil companies, hedge gressional Democrats to come up with Senate floor, MSNBC and the liberal fund managers and corporate jet owners. You a Medicare reform plan, she responded, blogosphere, presumably armed with can’t reduce the deficit to the levels it needs ‘‘We have a plan. It’s called Medicare.’’ the talking points from the Senate to be reduced without having some revenue That attitude is the recipe for bank- Democratic war room, went ballistic, in the mix. rupting the Nation, a bankruptcy that suggesting that I wanted to balance All those are quotes by the Presi- will take our seniors down with it. The the budget by raising taxes on the dent. They are doing their best to hide left might prefer to ignore reality, but poor. I am not surprised, but this com- their intentions, but the writing is on here is the undeniable truth: Our Na- pletely misses my point, and the point the wall. Democrats are angling for tion faces a spending crisis that tax in- is this: No matter what these Demo- historic tax increases on the middle creases cannot fix. I wish the media crats tell you, the wealthy and middle class, and the way they want to accom- would get this. They are so enamored class are already shouldering around plish this is by reducing or eliminating with the idea of a grand bargain on def- 100 percent of the Nation’s tax burden tax expenditures. Cutting back tax ex- icit reduction, a little spending reduc- and 51 percent pay absolutely nothing penditures is a convenient way for tion here, a little tax increase there, in income taxes. Furthermore, because Democrats to tax middle-class tax-pay- that they miss the fundamental point. of this perverse distribution of Federal ing families without having to say they The problem is spending, as you can income taxes, there is no way to fix our are raising their tax rates. As I noted easily see by this red line. It is way out deficit hole and pay down the debt by last week, this is what we were talking of whack, and going back to the dry increasing taxes on the so-called rich. about when Democrats discussed tax well of raising taxes on the rich is not Here is the bottom line. All of the expenditures. They are talking about going to work. ‘‘let’s talk about taxes on the rich’’ your pension. They are talking about The fact that Democrats in the Sen- and closing loopholes and going after your Medicare. They are talking about ate have not put forward a budget in corporate tax breaks is meant to divert your ability to purchase a home or over 800 days is neglecting one of the attention from the sad fact that the save for retirement or give to your core constitutional responsibilities, President’s out-of-control spending church or put away money for your

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.012 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4471 children’s education. This is exactly For purposes of this discussion only, dividends, tax-exempt interest) and because what we are talking about. That is I will adopt the President’s definition under our graduated income tax, exclusions where the money is. It is not in bonus of rich; that is, singles with adjusted and deductions are worth more to taxpayers in higher rate brackets. depreciation for corporate jets, and it gross incomes over $200,000 per year In sharp contrast, most of the value of tax is not in tax benefits for energy compa- and married couples with incomes over credits goes to households in the bottom four nies. $250,000 per year. I wish to be clear that quintiles. Nearly 80 percent of nonrefundable When Democrats talk about tax ex- I do not lump all of these folks in with credits and more than 95 percent of refund- penditures and tax loopholes as a way Bill Gates, Jr., LeBron James, Warren able credits benefit those households. Many to bring down the deficit and debt, Buffett, or Gilligan’s Island resident credits phase out for high-income taxpayers, they are putting a bull’s-eye on the millionaire Thurston Howell, III. Here limiting their value, but they are a major backs of middle-class American fami- reason why nearly half of all tax units pay is good old Thurston who was the mil- no federal income tax. Nearly one-third of lies. We heard a lot this morning about lionaire on Gilligan’s Island. I am Republicans walking away from the all refundable credits go to the poorest one- using the President’s definition of rich fifth of all households and often result in net President’s grand bargain on deficit re- because most of my friends on the payments from the government. duction. Well, I know that the people other side use it. They also claim tax Overall, tax expenditures give more bene- of Utah applaud Speaker BOEHNER for expenditures reside disproportionately fits to high-income households relative to in- not signing on to this bogus deal. This with rich taxpayers. come but are roughly proportional to tax li- abilities. The top quintile collects 55 percent morning the President’s allies in the The Democrats’ rhetoric on expendi- media were asking why Republicans of all income, pays 67 percent of all taxes, tures does not jibe with the reality of walked away from this deal. With the and gets nearly 65 percent of the value of tax our Tax Code. The data is clear. Tax President willing to put entitlement expenditures. Middle-income households expenditures tend to skew toward tax- earn slightly more than 40 percent of all in- spending on the table, why aren’t Re- payers below the President’s definition come, pay one-third of taxes, and get one- publicans willing to put taxes on the of the rich. If my friends on the other third of tax benefits. The poorest quintile of table? It is worth noting that the side examine the data, they will find households receives slightly less than 4 per- President and his Democratic allies cent of both income and benefits from tax their assertion about who benefits from steadfastly refuse any structural expenditures but pays only 0.5 percent of fed- tax expenditures does not square with changes to entitlement spending. eral taxes, largely because refundable credits Second, for Democrats, putting taxes the facts. They will find their assertion offset almost all their tax liabilities. on the table and tax expenditures that tax expenditures disproportion- Mr. HATCH. The article is written by means tax increases on the middle ately benefit the wealthy falls flat on Roberton Williams of the Tax Policy class, and that is a nonstarter. This its face. Center or TPC. TPC is a tax policy issue of tax expenditures is confusing In much of the coverage of tax ex- think tank that is the product of two and demands greater clarity. As rank- penditures, it has been taken as an ar- center-left think tanks. The article ing member of the Finance Committee, ticle of faith that they disproportion- presents conclusions from a TPC dis- it is my responsibility to correct the ately benefit wealthy taxpayers. Simi- tribution analysis of tax expenditures. record on what the curtailment or lar assertions have come from the The analysis concludes that about elimination of tax expenditures would White House and congressional Demo- two-thirds of tax expenditures benefit mean for taxpayers and families. crats. The one exception is my friend, the top quintile of households in the If you listen to my friends on the the ranking Democrat on the Ways and study. Viewers on C–SPAN may wonder other side of the aisle, you would think Means Committee, SANDER LEVIN. Con- what a quintile is. It refers to one-fifth tax expenditures are ‘‘spending gressman LEVIN has cautioned against of the given population. The TPC anal- through the Tax Code.’’ You would treating tax expenditures as rich per- ysis is, therefore, measuring the top think they are mostly loopholes in the sons’ tax benefits. His position is well one-fifth of the population. tax law designed by and for special in- founded. The source for this assertion, According to that study, where does terests such as ethanol blenders. An- that tax expenditures are tax benefits that top one-fifth of the population other mantra you will hear too often for the rich, is a Tax Notes article begin? It begins at $123,000 of household uncritically reviewed by many in the dated May 3, 2011. income. It should be noted that house- media is that tax expenditures dis- I ask unanimous consent to have it hold income is a bit broader than the proportionately benefit wealthy tax- printed in the RECORD. adjusted gross income which is the payers. There being no objection, the mate- basis of the President’s definition. Ac- A few days ago I talked about what rial was ordered to be printed in the cording to TPC, that top quintile earns tax expenditures are and what tax ex- RECORD, as follows: 55 percent of income and shoulders a penditures are not. They are not spend- [From the Tax Policy Center, May 5, 2011] huge amount of the Federal tax bur- den. They say it is 67 percent. ing. You can find the text of that WHO BENEFITS FROM TAX EXPENDITURES? Now, perhaps not too surprisingly, speech from July 6 on the Finance (By Roberton Williams) Committee Web site. They are not, in TPC finds that tax expenditures for the The federal income tax is replete with tax the main, loopholes for special inter- top quintile approximate that top one- expenditures, provisions that grant special fifth’s share of the tax burden. With ests. The other day, I talked about the benefits to selected taxpayers or for selected major features of family financial plan- activities. Exclusions and deductions reduce the exception of the refundable credit ning that would be upended if tax ex- taxable income, preferential rates cut the tax expenditures, a taxpayer has to pay penditures were curtailed. I referred to tax on specific types of income, and tax cred- income tax to benefit from the tax de- employee pension plans such as 401(k) its are subtracted directly from tax liability. duction credit or exclusion. accounts. I also mentioned charitable The various kinds of tax expenditures re- Those asserting that tax expendi- gifts and home ownership. If my friends duce taxpayers’ individual income tax liabil- tures are mainly wealthy taxpayer ben- on the other side are successful in cut- ity differently throughout the income dis- efits are principally relying on TPC’s tribution (see graph). More than 90 percent ting back tax expenditures, American distribution analysis. If confronted of the tax savings from preferential tax rates with the TPC data, it seems to me they families, workers, and investors can ex- on long-term capital gains and qualified divi- pect the cost of all of these activities dends go to taxpayers in the top quintile (or have four choices. Their first choice to rise. If the cost rises, as a nation, we fifth) of the income distribution, and nearly would be to revise downward the in- will be poorer because we will have less half the benefits go to people in the top one- come basis of their definition of ‘‘rich.’’ retirement savings, fewer charitable tenth of 1 percent. The top quintile gets They could say we really did not mean contributions and more expensive about three-fourths of the savings from families at $250,000 of income; we homeowners. You can find the text of itemized deductions and more than 60 per- meant families of $123,000 of income. that speech last Thursday on the com- cent of the benefits of exclusions of selected That would be similar to the adjust- sources of income such as employer health ment made for ObamaCare. Joint tax mittee Web site as well. insurance contributions. High-income house- Today I am going to consider the oft- holds receive relatively larger benefits from distribution tables for ObamaCare repeated line that tax expenditures special rates, deductions, and exclusions, be- showed that for every family below disproportionally benefit the wealthy cause they have relatively more income from $200,000 who received an exchange cred- taxpayers. certain tax-favored sources (capital gains, it, four families paid higher taxes. For

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.013 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4472 CONGRESSIONAL RECORD — SENATE July 11, 2011 every middle-class family who receives my friends on the other side to take a There is a bit of irony about this tax a premium subsidy, five pay higher look at the Joint Tax distribution ta- expenditure because it is refundable. It taxes. That is just a fact. I guess I said bles on many of the major tax expendi- is more popular with my friends on the five. It really would be four who would ture categories. Joint Tax publishes other side than other tax expenditures. pay higher taxes. these tables every year. They are avail- That is because those other tax expend- A second choice would be to revise able on the Joint Tax Web site. itures go to taxpayers who actually the proportion of tax expenditures so I have a chart that summarizes the pay income tax. The refundable credit that the tax expenditure dollar amount percentages of tax expenditures that go is popular with my friends on the other reflects the benefits attributable to to taxpayers under $200,000. I will have side because it is a robust income-re- taxpayers defined by the President as to bring that with me the next time. ducing mechanism. rich. The President’s rich taxpayer def- That is the break point that Joint Tax President Obama, in his famous ex- inition is the top 3 to 5 percent of tax- uses—the percentage of tax expendi- change with Joe the Plumber, captured payers. It means the group of tax- tures that go to taxpayers under the economic theory supporting this payers who are roughly 25 to 33 percent $200,000. It closely squares with the def- policy when he said we need to ‘‘spread of the size of the group in the TPC inition of ‘‘rich’’ used by the President the wealth around.’’ analysis. and his liberal allies. Here is the irony. My friends on the Put another way, the TPC population Anybody above $200,000 is rich under other side derisively describe all tax of rich taxpayers is three to four times my Democratic friends’ definition. expenditures as ‘‘spending through the the size of the group the President and Anybody under $200,000 is not rich. You Tax Code.’’ Yet the tax expenditures my friends on the other side define as can find this data in the tax expendi- they most support are the refundable rich. If a consistent definition of the tures pamphlet published annually by ones, such as the earned-income credit. rich were used, the dollar amounts of the nonpartisan Joint Tax staff. It should come as little surprise that tax expenditures in play would be con- Now I wish to talk about the tax ex- the left’s favorite tax expenditure is siderably lower. Since the goal of the penditures that Joint Tax distributes the one that is scored as spending by by income. I have listed them in order, group pushing the cutback of tax ex- congressional spending scorekeepers. from the largest in dollar volume down penditures is to relieve spending con- Because the earned-income credit tax to the lowest in dollar volume. The stituencies of the pressure of curtailing expenditure is refundable, we shouldn’t first one is well known to tens of mil- spending, my guess is they will not be surprised to find that so-called rich lions of our constituents. It is the taxpayers do not benefit from it. The choose to reduce the tax expenditure mortgage interest deduction. chart confirms this point. kitty. If a taxpayer saves up a downpay- The third tax expenditure is right Their third choice would be to simply ment and borrows for a home, they can here: the current $1,000-per-child tax curtail or eliminate tax expenditures take the interest paid on the mortgage credit. It is, by definition, limited to for higher income taxpayers. This, of as an itemized deduction. That means lower and middle-income taxpayers. course, could largely eliminate the 30 percent of the benefit of the mort- We should not be surprised to find that preferential rates for capital gains and gage interest tax expenditure goes to none of it goes to higher income tax- dividends. taxpayers over $200,000. Taxpayers with payers, and the chart confirms this Let’s take another look at this chart incomes below $200,000 receive 70 per- point: zero to taxpayers over $200,000; because it shows a big share of the cap- cent of the benefit of the mortgage in- 100 percent to taxpayers under $200,000. ital gains tax expenditure goes to the terest deduction. Let’s take a look at State and local top one-fifth. It looks as though about Now, how do we measure whether the taxes. It is the fourth one on here. The 95 percent of tax expenditures accrues mortgage interest deduction dispropor- chart shows that 50 percent of this in the top one-fifth. We see that about tionately benefits taxpayers over broad-based deduction goes to middle- 50 percent of it accrues to the top one- $200,000? There is a line in bold letters income families. tenth of 1 percent. Do we think it that reads: ‘‘Compare Total Federal No. 5 on this list is a tax benefit near would make sense in the current eco- Tax Burden.’’ That is the baseline of and dear to many of my fellow Utah nomic climate to double or triple the how much tax is shouldered by the families. It is the itemized deduction tax hit on investment? group of taxpayers above and below for charitable contributions or dona- At one point, at least, the President’s $200,000. We have a very progressive tax tions. Of all the tax expenditures listed answer was no. In August 2009 the system. Taxpayers earning more than on this chart—this big chart right President was asked by a resident of $200,000 shoulder 64 percent of the tax here—this one, charitable itemized de- Indiana: burden. Taxpayers earning less than ductions—distributes in the highest [e]xplain how raising taxes on anyone dur- $200,000 shoulder 36 percent of the tax proportion to taxpayers above $200,000 ing a deep recession is going to help with the burden. in income. The chart says 55 percent, economy. Taxpayers earning less than $200,000 right here; 45 percent for those under Here was the President’s response: receive 70 percent of the mortgage in- $200,000. Keep in mind, overall, tax- Normally, you don’t raise taxes in a reces- terest deduction while shouldering 36 payers with income over $200,000 bear sion, which is why we haven’t and why we’ve percent of the tax burden. Who benefits 64 percent of the tax burden. instead cut taxes. . . . You don’t raise taxes from these tax expenditures? We are Now, this means proportionately, the in a recession. We haven’t raised taxes in a going to get into that. That means by charitable deduction benefits tax- recession. a ratio of almost 2 to 1, taxpayers payers under the $200,000 level more So what is their fourth choice? Their under $200,000 benefit from the mort- than taxpayers above the $200,000 level. fourth choice would be coming clean gage interest deduction; and since Now let’s take a look at No. 6 on this with the American people. Under this $200,000 basically fits the definition of chart. It is the tax-free portion of So- option they would admit that tax ex- ‘‘rich’’ used by my friends on the other cial Security benefits, right there. penditures disproportionately go to side of the aisle, we can see that other Anyone advocating a cutback on tax families who are not rich under the taxpayers who are nonrich, or the mid- expenditures is advocating a cutback President’s own definition. They would dle-income group, disproportionately on the aftertax Social Security bene- acknowledge that cutting back tax ex- benefit from the mortgage interest rate fits for a big chunk of the senior popu- penditures as part of a deficit-reduc- deduction. lation. Guess what. We are not talking tion exercise would hit the middle Now, let me talk about another tax about wealthy seniors. According to class and betray the President’s prom- expenditure. I am referring to the this chart, 2 percent of that favorable ise not to raise taxes on middle-class earned-income credit, or EIC. It is a re- tax treatment of Social Security goes families. fundable credit. That means taxpayers to seniors with incomes over $200,000. As we can see, the proponents of receive it whether they pay income tax My guess is that few of the seniors ben- these tax increases are in political or not. That is why the credit is basi- efitting from this policy own yachts or quicksand, and there is additional evi- cally scored as spending by the Con- regularly fly corporate jets. dence that they are sinking as they gressional Budget Office—the CBO— No. 7 is the itemized deduction for struggle against the facts. I would ask and Joint Tax. real property taxes. Right now, their

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.015 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4473 constituents take the edge off that this way. Keep your hands off tax in- for the child tax credit, 100 percent; for heavy local tax hit with the itemized creases, including cutbacks in tax ex- the State and local taxes, other than deduction. If many of my friends on the penditures, for deficit reduction. Re- real property, 50 percent; for charitable other side have their way and hack serve those tax expenditures for tax re- itemized deductions, 45 percent—yes, away or eliminate tax expenditures form. In that way, taxpayers receive a the rich had 55 percent by their defini- without also cutting their constitu- benefit—lower rates in exchange for a tion—for Social Security benefits, 98 ents’ Federal tax rate, guess what hap- broader base. That broader base would percent; for the real property tax pens. In the case of local property include reform of tax expenditures, if itemized deduction, 80 percent; for the taxes, the net effect will be to raise the Chairman CAMP and I have our way. education credit, 100 percent; for med- property tax rate by as much as 35 per- Any other approach is just another tax ical itemized deductions, 89 percent; cent. increase. And they on the other side for the dependent childcare credit, 96 Some of my friends may suggest that will spend every dime of it. percent; for student loan interest, 100 only those with villas are taking the The President this morning gave an- percent. property tax deduction. This chart says other press conference. He asked what Look, my point is, we have to come otherwise. It says 80 percent of the real the holdup was in arriving at a deficit up with a better Tax Code. I am dedi- property tax benefits go to taxpayers reduction compromise. The answer cated to changing this awful Tax Code under $200,000. seems pretty obvious. Contrary to the we have that is too complicated, too How about No. 9 on the list? No. 9 on President’s vague assertions, the left- large, too expensive, does not do the the list is the itemized deduction for wing base he is depending on for his re- job, and is a bunch of muttering around medical expenses. ObamaCare cut back election refuses any meaningful struc- and puttering around by Members of on that one. But if my friends on the tural reforms to the spending programs Congress, and simplifying that Code so other side reduce or eliminate side tax that are currently bankrupting our everybody knows which end is up. expenditures to avoid dealing with out- country. That means the only serious On tax expenditures, I am going to be of-control government spending, this deficit reduction option available to happy to look at tax expenditures, but deduction will be cut back even more. Democrats is massive tax increases on they should be reserved until we do The chart shows on these medical the middle class. Democrats will not real tax reform. If you have to give up itemized deductions that 89 percent of acknowledge the inevitable tax in- some of these expenditures, then there this tax benefit goes to taxpayers earn- creases their agenda assumes, and Re- better be appropriate reductions to ac- ing less than $200,000. publicans will not give the President count for that, and we have to do it by No. 10 is the dependent childcare any cover in his drive to ‘‘spread the flattening out that tax system that we credit. This is a modest tax credit that wealth around.’’ That is what is hold- all know is completely out of control working moms and dads can tap. Like ing up this process. and completely difficult to comply the child tax credit, it mainly is used So let me offer a suggestion. Instead with. As a matter of fact, I do not by middle-income families. The chart of berating Republicans for not signing know of anybody on the Senate Fi- confirms it. It indicates that 96 percent on to historic and economy-crushing nance Committee who fills out their of the benefits of this credit go to fami- tax increases, when unemployment is own tax forms. I do not think most of lies earning less than $200,000. at 9.2 percent, maybe the President us could do it because if you had 10 dif- The final item on the list is the stu- should take his own party to the wood- ferent tax preparers on a dent loan interest deduction, as shown shed. Maybe he should ask the liberals semicomplicated tax return, you would right here on this chart. This tax ben- in his party who refuse any meaningful probably have 10 different approaches efit is income limited. Not surpris- structural reforms to entitlements to to it. That shows the pathetic system ingly, all of the benefit goes to tax- get serious. Maybe he could go on tele- that is wrecking our country. payers earnings learning less than vision and explain to the American To make it clear, when the President $200,000—100 percent of the benefit. I do people that we have over $60 trillion in took over, the bottom 40 percent of all not think a lot of the recent college liabilities and that tax increases are households did not pay income taxes. graduates using this deduction are in not going to bring that into balance. Yes, they paid payroll taxes, but 23 the market for a yacht. But if you lis- Instead, the President and his party million of them got refundable tax ten to my friends on the other side, sit around and spread the myth that credits, much more than they paid in you would think because this benefit is simply getting rid of tax expenditures payroll taxes. Keep in mind, I do not labeled a tax expenditure, those who and loopholes—and they certainly are believe we should tax the truly poor. benefit from it have a schooner docked not loopholes, the ones I have been But now that is up to 51 percent in a in the local harbor. talking about—will fix our deficits and little over 2 years under this adminis- I am not saying that only middle-in- debt. We have two reasons to worry tration of people who do not pay any come families benefit from tax expend- about that wrongheaded approach. One, income taxes. Are they all truly poor? itures. Wealthy taxpayers benefit from to the extent deficit reduction energies I do not know. All I know is, it does the lower capital gains and dividends are diverted to cutting back tax ex- not sound right that the majority of rates. penditures, pressure is taken off the people, the majority of tax units in Let me refer to this chart of the 10 root cause of the deficit and debt prob- this country, do not pay income taxes, largest tax expenditures for the period lem. That is, pressure that should be and the minority has to carry the 2010 to 2014. But the lion’s share of tax brought to bear on out-of-control whole burden. expenditures goes to that part of the spending programs is released. Two, If they are truly poor, I understand middle class that is already shoul- the productive sectors of the econ- and I would be the last one to tax dering much of the Nation’s tax bur- omy—workers, small business owners, them, and I think I have a 35-year den. Most of the tax expenditures are and investors—are burdened with yet record here of being fair to the poor either income limited or of limited more Federal taxes. and fair to families and, above all, fair value to wealthy taxpayers. Likewise, For many reasons, cutbacks in tax to children. My name is on an awful lot low-income families do not pay income expenditures are a deficit reduction of important bills around here, and I taxes. They receive tax expenditures dog that will not hunt. have led the fight on a lot of bills that that are designed for the nontaxpaying If you look at all individual tax ex- help people in distress. So you can population. penditures, you can see these are the 10 imagine how aggrieved I felt when one So who is left? The answer is the tax- highest tax expenditures by percent- of our great television stations was dis- payers who are not rich by the Presi- age. torting one sentence—it seemed to me dent’s own definition. The answer is Let me go back to the preceding one sentence—out of a 30-minute set of middle-class families. chart. If you look at all these tax ex- remarks on the floor that made it very On our side, the reaction to all these penditures, for the mortgage interest clear that I do not want to tax the choices would be simple. Many on our itemized deduction, 70 percent are peo- truly poor. But surely we have to have side, including Ways and Means Com- ple earning under $200,000; for the everybody participate. I actually think mittee Chairman CAMP, have put it earned income tax credit, 100 percent; everybody ought to participate, even if

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.016 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4474 CONGRESSIONAL RECORD — SENATE July 11, 2011 it is only $1. We ought to all have some we going to have real issues processed et for fiscal year 2012—was unani- skin in the game. We ought to all help through committees that provide real mously opposed, 0 to 97. Not even a sin- save this country, and we cannot do it solutions? gle Democrat voted for the President’s without the middle class. And the mid- Despite reports suggesting that budget. It sounds like a different dle class is not just the top 49 percent Democrats have reached an agreement course is needed. of all wage earners. on a budget deal among themselves, I thought we were here to take care This is an important issue, and it is the majority did not present us with of business. Is one legislative vote on one we have to resolve, and we have to that budget. Despite the President’s an opinion piece considered taking care resolve it fairly, we have to resolve it comments that Congress needed to be of business? Not in my mind. I am will- in a way that is meaningful and in a in session to reach an agreement, he ing to bet the American people don’t way that will help save our country refused to meet with our caucus. We think so either. This is exactly the too. I think I have more than made the have gone more than 800 days without kind of behavior that is frustrating the case that you cannot pile it all on the passing any sort of budget in the Sen- people in Wyoming and all across the so-called 3 to 5 percent, the so-called ate. When we stayed in Washington country. They have asked us to come rich, which includes 800,000 small busi- last week to work on a budget deal, do a job. They have put their faith in nesses, where 70 percent of all jobs are Democrats refused to bring up that us to take care of business and put this created. And everybody knows that is budget for a vote. country back on solid fiscal footing. true. Every time you tax them and Last week, we had an opportunity to The American people want us to take moneys away from them like make headway on the debt ceiling thoughtfully and seriously work to ad- that, when they are paying pretty issue. I spoke on the floor last Wednes- dress the debt ceiling and reduce spend- hefty taxes as it is, they hire less, they day and implored my colleagues on ing. Taking one legislative vote in a do less, they quit their businesses, both sides of the aisle to join me in week doesn’t pass the smell test for some move offshore, some move their rolling up our sleeves and figuring out getting the job done. The work product businesses to other countries, and some a way to solve the fiscal mess this we gave the American people last week just plain give up. country is in. I laid down the facts and is appalling. We cannot let that happen. We have figures—frightening numbers that We are staring the most predictable crisis in American history in the face, to have a fair tax situation. We have to should have galvanized us all into ac- and, with only one legislative vote last have Democrats and Republicans work tion. Instead, we are still pushing for a week, we essentially said it is not dire on it together. We have to quit playing comprehensive solution to the problem enough for us to get something done; it this card that basically pits one group or none at all. This isn’t ‘‘deal or no is not important enough to stop play- of people against another. deal’’ time. ing political games and stop running All I can say is this. I am concerned. Now, here we are, and what was sup- the clock. I am hopeful that this week I am pointing out difficulties in our posed to have been an important work- will be different. I am hopeful that we Tax Code. I am pointing out difficulties week has come and gone. What do we will actually make progress on budget in some of the arguments the President have to show for it? We had one vote canceled on the Libya resolution, a negotiations. is making. And I have to say that any- I am encouraged that the President substitute vote on whether the Ser- body who reads my remarks fairly will has finally taken it upon himself to en- geant at Arms should compel attend- know these points I am making are gage leaders on the matter. His direct ance, which was a nonbudget-related real points. These charts are impor- engagement should have been hap- tant. As you can see, taxpayers earning matter, and we had one legislative vote pening for months, and his refusal to under $200,000 will be bereft without on Senator REID’s resolution about tax get directly involved has put us in the these benefits unless we can revamp increases. This resolution is a sense of situation we are in today, with 3 weeks the whole Tax Code in a way that you the Senate, which is not something until the Treasury Department is left do not have to have tax expenditures. that could become law. At this junc- without options for the debt ceiling. Tax expenditures are certainly not ture more than ever, we don’t need We have lost time. We have lost oppor- spending—at least these ones we are publicity pieces. tunities. We have lost the focus started talking about right here and now. What we could have done was moved by the deficit commission. Every day So if you compare the total Federal forward with the balanced budget that passes that we don’t get anything tax burden, those earning over $200,000 amendment that all 47 Republicans done is one more option lost and more pay 64 percent; those earning under have cosponsored or we could have money spent on borrowed time and bor- $200,000 pay 36 percent. All of that is voted on my legislation to reduce rowed money. important for us to understand. spending by 1 percent each year until Businesses all across the country Mr. President, I yield the floor. we achieve a balanced budget or we can’t afford to waste a day, much less The PRESIDING OFFICER (Mr. could have voted on legislation other a week, without productivity, and if MERKLEY). The Senator from Wyoming. Republicans have offered that would they did, I guarantee they would pay a Mr. ENZI. Mr. President, I rise today cap spending or we could have voted on heavy price. If that unproductive be- to talk about some missed opportuni- legislation offered by Republicans to havior continued, they would have to ties. Last week, I talked a little bit ensure we pay our creditors in the close their doors. People going to work about how I thought the President had event we cannot reach an agreement on every day cannot afford to sit around missed the opportunity with his deficit the debt ceiling. Unfortunately, we and not do their jobs. If Americans and commission, he had missed the oppor- didn’t do any of that. Instead, we spent businesses in this country have to tunity with his State of the Union a week holding one legislative vote on work hard and stay productive to pro- speech, and he had missed the oppor- a sense of the Senate about raising vide for their families and keep their tunity with his budget. taxes that even if passed would not businesses running, so should we. The Well, almost 2 weeks ago, President have the force of law. standards should not be any different Obama scolded Congress for not mak- Republicans have proposed a variety in the Senate. ing enough progress on debt ceiling and of ideas that will help us get out of this As for a solution that relies on in- budget negotiations. He said we needed fiscal mess we are in. Some are baby creased taxes, when Congress fails by to stay in Washington last week and steps; some are giant steps. Every bill spending too much, the easy answer is get things done. I took him at his doesn’t have to be comprehensive. always to raise taxes. There are many word. I thought the administration and Members of the majority have said Republican proposals for raising rev- the majority were serious about stay- Republicans were using every tactic to enue without raising taxes. But we ing in Washington to push forward and delay. What was last week? A vote on a cannot get in a situation where, when get some results. We were all in Wash- sense of the Senate? The House passed we fail, we charge the people more. It ington last week, but we did not get a budget in April. The Senate Repub- usually results in less revenue anyway. anything done. The debt and the deficit licans proposed two additional budget The motion we are voting on tonight and the lack of a budget are not the measures. The only plan presented by is a sham. When it passes, we have per- only issues facing America. When are the majority—President Obama’s budg- mission to add amendments to the

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.017 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4475 sense-of-the-Senate resolution—maybe. awareness that it is not possible to cut principles of the 1986 tax reform legis- In other words, we can amend the opin- our way out of this economic chal- lation. In fact, we modernize the code ion of the Senate that cannot become lenge; that we also have to grow. We in line with that kind of thinking—cer- law. How long will we amend and de- have to grow. We have to make growth- tainly important to do because there bate an opinion? oriented changes in tax law. have been thousands and thousands of I am disappointed we didn’t get any- That is what the Conrad budget tax changes made since 1986. So it is thing done last week. I hope we all clearly offers a wide berth to do. In certainly time to go in there and trim learned a lesson from the week we just fact, I am of the view that progrowth out all those unnecessary special inter- lost. The issues facing the country tax reform, for example, is one of the est tax breaks, and we can do it in a today are too important and too dire few ways to generate revenue that both way that will create jobs. for us to waste time the way we did. I Democrats and Republicans will sup- For example, right now, in the Fed- know right now committees are not port. When you put people to work— eral Tax Code, there are actually in- having real markups, so there is noth- and we have millions and millions of centives to export jobs out of the ing in the drawer to vote on. Even the our fellow citizens out of work today— United States. Say that to yourself— few times a bill has been brought up, those are folks who can, in the private export jobs out of the United States. the majority didn’t want to vote on sector, start paying taxes again. That What we want to do is export goods out amendments and shut the process is what happened after the last major of the United States. In rural Oregon down. That isn’t getting us anywhere. tax reform bill in 1986. In those 2 this weekend, the farmers were telling We need to change course. The time for years—the 2 years after major tax re- me about how they want to get their agricultural products into Asia and action is now, and I hope we can use form—6.3 million new jobs were created other markets around the world. So we last week’s failure to get things done in the private sector. We have an op- can grow things here, make things as an incentive to roll up our sleeves portunity to do that again, and the here, add value to them here and ship and get to work. Conrad budget offers a wide berth in them somewhere. That is what we I yield the floor and suggest the ab- which to do it. would like to be exporting. Instead, sence of a quorum. So you generate revenue—revenue under the tax law, there is actually an The PRESIDING OFFICER. The that both Democrats and Republicans incentive to export jobs. clerk will call the roll. can support—and create jobs in the pri- When you set up shop overseas and The bill clerk proceeded to call the vate sector the way Democrats and Re- you are doing business overseas, you roll. publicans have said they want to do. get to defer your American taxes. So Mr. KYL. Mr. President, I ask unani- Certainly, it is pretty clear, as of what Senator COATS and I seek to do— mous consent that the order for the today, there isn’t anything as prom- and this is something I think is even quorum call be rescinded. ising in the economic toolshed for more important today than it was a The PRESIDING OFFICER. Without long-term growth as tax reform. The quarter century ago because of the objection, it is so ordered. fact is, a lot of other alternatives have global economic challenge—is to take Mr. KYL. Mr. President, I ask unani- been tried. Certainly, the Federal Re- that incentive that now goes for ex- mous consent to speak for up to 5 min- serve has done its share. We have the porting jobs out of the United States utes as in morning business. Recovery Act. There have been a vari- and we would use those very same dol- The PRESIDING OFFICER. Without ety of steps that have been taken. lars to dramatically slash rates for objection, it is so ordered. My colleague from Oregon, in my companies that offer what I call red, The Senator from Arizona is recog- view, has done yeomen’s work on the white, and blue jobs—jobs in this coun- nized. effort to make sure homeowners— try. The Conrad budget offers a very (The remarks of Mr. KYL pertaining which is an enormous economic prob- substantial berth for taking that kind to the introduction of S. 1344 are lo- lem—have additional time to work of approach in tax reform, where he cated in today’s RECORD under ‘‘State- through the very challenging situa- specifically calls for lowering tax rates ments on Introduced Bills and Joint tions millions are facing in the housing for American businesses. I particularly Resolutions.’’) market. So we have thrown a lot of wish to see that done because of the Mr. KYL. Mr. President, I ask unani- economic tools at this huge challenge, message I heard this last weekend, mous consent that the time during the but we obviously have a lot more to do. where folks specifically, without my quorum call be equally divided, and I I don’t see any more promising path— even mentioning tax reform, talked suggest the absence of a quorum. no more promising path—than tax re- about the need to keep jobs here at The PRESIDING OFFICER. Without form for the long-term economic home. objection, it is so ordered. growth this country needs. The Conrad We are going to, over the next few The clerk will call the roll. budget offers a wide berth in order to days, see, of course, the negotiations The legislative clerk proceeded to tap that opportunity. with the President and the Congres- call the roll. The fact is, we understand what sional leadership go forward. Chairman Mr. WYDEN. Mr. President, I ask needs to be done in terms of tax re- CONRAD and other members of the unanimous consent that the order for form. The fundamental language—the Budget Committee will be out dis- the quorum call be rescinded. principles of that kind of reform—are cussing these issues as well. But I just The PRESIDING OFFICER. Without laid out in the Conrad budget. We hope, No. 1, the cause of tax reform is objection, it is so ordered. ought to go in there, clean out a score seen as far too important to give up on Mr. WYDEN. Mr. President, last of these special interest tax loopholes, after only a 48-hour flurry of interest week, the House Speaker—Speaker use that money to hold down rates for and everybody then saying: Well, I BOEHNER—and President Obama and everybody, and keep progressivity. guess we will have to do it another his administration were both calling Those are the three key principles. time. The time to make sure it is done for comprehensive tax reform as part of A number of my colleagues have spo- is now. a large budget deal. Obviously, today, ken. I know my friend from Arizona, Senator COATS and I said earlier this that seems to have lost some momen- with whom I serve on the Finance month that what we ought to do—rec- tum, and I wanted to start this after- Committee, Senator KYL, in a very fine ognizing that you can’t write a com- noon by saying tax reform is too im- op-ed piece he wrote in the Wall Street plete tax reform bill between now and portant to abandon after 48 hours’ Journal not too long ago, talked about August 2—is to get a commitment, worth of discussion. tax reform built around exactly those lock in a strategy, to do comprehensive To his credit, Chairman CONRAD rec- principles—cleaning out the loopholes, tax reform in the fall and early next ognizes that, and certainly that is what holding down the rates, and, to his year. That alone would send, in my I heard this weekend when, similar to credit, Senator KYL specifically talked view, a positive and bipartisan message the distinguished Presiding Officer, I about the need to ensure progressivity to the financial markets of this coun- was home and had the chance to travel in the Tax Code. try that there are going to be some across eastern Oregon, stopping in Senator COATS and I have introduced changes. So what we need is a roadmap small towns. I think there is a keen legislation that picks up on those key for economic growth.

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.018 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4476 CONGRESSIONAL RECORD — SENATE July 11, 2011 There are other features of the Con- I simply want to say to the Presi- latory costs this administration is im- rad budget I think make a lot of sense. dent, and I think I can say to the Sen- posing on the private sector as we meet I am particularly pleased about the op- ate today—Senator COATS and I—de- here today. portunities for investment in infra- spite the idea that this is too hard to We have seen a sharp uptick over the structure—roads and bridges. Cer- do, that it can’t be done now, let’s put past 2 years in what are called major or tainly, that would provide an oppor- it off for another time, we are going to economically significant rules. These tunity for something that has worked come back to this floor and say again in the past—the Build America Bonds and again: It has been done. We need to are regulations that have an economic program, which has been so successful do it now when there are so few other effect of $100 million or more. Accord- in our State. I think Senator KERRY’s tools in the economic toolshed. It ing to OMB and GAO data, the current ideas for an infrastructure bank are ex- would be wrong to walk away after this administration has been regulating at cellent ones. I support those as well. brief flurry of interest in something an average pace of 84 of these major The best thing about that approach is that is so fundamental to the economic rules per year—which, by the way, is a we know we have to find a way in our well-being of millions of our people. 50-percent increase over the average consumer-driven society to start stim- I yield the floor and note the absence regulatory output during the Clinton ulating demand—demand for goods and of a quorum. administration, which had 56 major services. The PRESIDING OFFICER. The rules per year. These figures include There are few economic multipliers clerk will call the roll. both the executive branch agencies and in our country for the short term, such The assistant legislative clerk pro- the so-called independent agencies. as transportation. So the Conrad budg- ceeded to call the roll. Today, I was pleased to see that Presi- et that puts a premium on those kinds Mr. PORTMAN. Mr. President, I ask dent Obama issued a new executive of approaches in the short-term makes unanimous consent the order for the order that specifically addressed inde- a lot of sense for me as we look to the quorum call be rescinded. pendent agencies. These are the regu- longer term, which I would define as The PRESIDING OFFICER. Without latory bodies that are not within the the opportunity to set this country on objection, it is so ordered. executive agencies but are considered a progrowth economic strategy, with Mr. PORTMAN. Mr. President, I rise independent. They would include the tax reform in the forefront in a way to discuss an amendment to the under- Commodity Futures Trading Commis- that helps our economy to be both fair- lying bill. This amendment is designed sion, the Securities and Exchange Com- er and more efficient. We will also see to give American employers some re- mission, and the newly created Finan- a lot of other benefits. lief from the regulatory burdens that cial Protection Bureau, which has been It was brought up to me over the continue to hold back our economy and weekend at home, in eastern Oregon, subject to a lot of debate on the floor. hinder job creation. This amendment is These are all independent agencies matters we have talked about before, actually identical to the bill I intro- such as the alternative minimum tax. which are designed by law to be insu- duced in April, S. 817, which has been lated from Presidential control. This Talk about something that just defies endorsed by both the Chamber of Com- common sense: the idea that the alter- new order the President issued today merce and the National Federation of and the accompanying Presidential native minimum tax would force mid- Independent Businesses. It is the same dle-class people, people making $60,000, memorandum endorsed two goals. amendment I also introduced on the $70,000, $80,000 a year, to fill out their First, it asks independent agencies to small business bill, the Economic De- taxes twice using two separate systems participate in ongoing regulatory look- velopment Administration bills, and just defies any semblance of sanity. backs. That means looking back retro- So referring, again, to what happened also part of the larger regulatory relief spectively at rules that are already on this weekend, are we really going to bill I introduced in June, which cur- the books to see if they make sense. tell American taxpayers getting clob- rently has 22 cosponsors. Every administration since President bered by the alternative minimum tax Last week, as we know, we heard Ronald Reagan has done this, under- that after 2 days’ worth of discussion more troubling economic news. This taken some kind of look-back, and it is about tax reform we are just going to time it was the June jobs report, which important this work continue. Second, walk away and pursue some other unfortunately showed the unemploy- and more importantly in my view, it topic? That doesn’t make any sense to ment rate had actually risen to 9.2 per- calls on independent agencies to evalu- cent and hiring slowed to just 18,000 me. Certainly, Chairman CONRAD’s ate the costs and the benefits of new budget, which does, as I have indicated, new jobs. regulations, as executive agencies are provide a broad berth for tax reform, These are, of course, very dis- already required to do under executive makes it clear that he shares our view. appointing numbers, but much more orders, including an executive order by So, finally, if we have in front of us, important are the families who are af- President Clinton and an executive as we will with progrowth tax reform, fected by it, families in my home State order by President Obama in January. the opportunity to create jobs in the of Ohio and across the Nation who are I am encouraged by the words of this private sector, generate revenue in a struggling to find a job and to get the new executive order and Presidential way that Democrats and Republicans paycheck they need to make ends memorandum on independent agencies. can agree on, make ourselves more meet. The real discussion in Wash- It endorses a very commonsense prin- competitive in tough global markets, ington, this month in particular, has ciple; that independent agencies, no and do it in a way that brings the polit- been focused on the fiscal reforms we less than executive agencies, should ical parties together, I think it is clear need to get our fiscal house in order, to evaluate the costs of new regulations that has the fundamentals of what can get the economy back on track. But before imposing a new burden on the take this country’s economy in a bet- there are other things we can do as economy. It is common sense. It is also ter and healthier direction. well and one, of course, is to reduce the consistent with these amendments I I want it understood that in spite of regulatory burden, particularly on have been offering on legislation this what happened this weekend, in spite small businesses. I hear from them all year and the independent agency part of the sense that maybe tax reform is the time. I am sure my colleagues do as of the regulatory relief bill that was in- going to be put off yet again, I am not well. troduced in June. going to give up for a minute. We are This burden is increasing. One recent going to have another hearing that is study commissioned by the Small Busi- The problem is the President’s order going to be very important this week— ness Administration put that burden at today is entirely nonbinding because Chairman BAUCUS, Chairman CAMP, the $1.75 trillion annually. By the way, independent agencies don’t answer to Finance Committee, the Ways and that is more than the IRS collects in the President, so it has no force of law. Means Committee getting together to income taxes. I have been encouraged The amendment I will offer would ef- talk about tax reform. So we know by what the current administration fectively write the President’s new re- what needs to be done. Now it is a has been saying about improving our quest into law. The President has now question of having the political will to regulatory system, but I continue to be agreed with this principle. We need to go forward. deeply concerned about the new regu- expand this cost-benefit analysis to

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.021 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4477 independent agencies, but we need leg- The PRESIDING OFFICER. Without going to fill the tree and file cloture on islation to do it because these inde- objection, it is so ordered. this bill. I am happy to continue to pendent agencies are not answerable to (The remarks of Mr. WHITEHOUSE per- talk with the Republican leader and the President. taining to the submission of S. Res. 230 anybody else who is interested in hav- Specifically, this amendment would are located in today’s RECORD under ing specific amendments to this legis- extend the Unfunded Mandates Reform ‘‘Submission of Concurrent and Senate lation we are now on. Act of 1995, which was a bipartisan Resolutions.’’) I will not allow this legislation to be piece of legislation, where I was the Mr. WHITEHOUSE. Mr. President, on bogged down by an endless list of unre- Republican cosponsor in the House. It the pending motion, I ask for the yeas lated amendments. It is too important expands the two independent agencies. and nays. for the Senate to reaffirm its commit- Major rules issued by what is some- The PRESIDING OFFICER. Is there a ment to ensuring all Americans—in- times called the headless fourth branch sufficient second? There appears to be cluding millionaires and billionaires of government are today exempt not a sufficient second. and profitable corporations—con- only from the Unfunded Mandate Re- The question is on agreeing to the tribute to the collective effort to re- form Act but also from the cost-benefit motion. duce this deficit. This is a common- review overseen by the Office of Infor- The clerk will call the roll. sense statement that we believe in sim- mation and Regulatory Affairs, The assistant legislative clerk called ple fairness. Middle-class families and OIARA, at the Office of Management the roll. seniors have already been asked to sac- and Budget. Mr. DURBIN. I announce that the rifice too much. This amendment would change that, Senator from Ohio (Mr. BROWN) is nec- Democrats have gone on record say- effectively making the President’s essarily absent. ing that the wealthiest of the wealthy order he issued today binding on these Mr. KYL. The following Senators are should be asked to contribute to this independent agencies. They would be necessarily absent: the Senator from effort and make similar sacrifices. We required, under the Unfunded Mandates Alaska (Ms. MURKOWSKI), the Senator hope our Republican colleagues will fi- Reform Act, to evaluate regulatory from Florida (Mr. RUBIO), and the Sen- nally join us in this effort. costs, benefits, and less costly alter- ator from Louisiana (Mr. VITTER). Over the past several weeks, I have natives before issuing any rule that The PRESIDING OFFICER (Mr. had good conversations with the Re- would impose a cost of $100 million or MANCHIN). Are there any other Sen- publican leader and the chairman and more on the private sector or on State, ators in the Chamber desiring to vote? ranking member of the Appropriations local, and tribal governments. Based on The yeas and nays resulted—yeas 69, Committee about trying to work the GAO data, it appears there are nays 27, as follows: through appropriations bills under the nearly 200 independent agency regula- [Rollcall Vote No. 107 Leg.] regular order. tions that have been issued between YEAS—69 As a result of these conversations, in 1996 and 2011 that would be considered an effort to move forward, I am going major; in other words, have over a $100 Akaka Gillibrand Menendez Alexander Graham Merkley to file cloture on a motion to proceed million impact on the economy. They Baucus Hagan Mikulski to the Military Construction–VA Ap- were excluded from review under this Begich Harkin Murray propriations bill tonight. I hope we can cost-benefit analysis we have been Bennet Hoeven Nelson (FL) show the country that the Senate can talking about. In 2009 and 2010 alone, Bingaman Hutchison Pryor Blumenthal Inouye Reed work through an important appropria- the last couple years, independent Boxer Johanns Reid tions bill without getting bogged down. agencies issued 56 economically signifi- Brown (MA) Johnson (SD) Rockefeller Remember, there are different rules cant regulations, representing billions Burr Kerry Sanders on these matters. You can’t deal with of dollars in regulatory costs exempt Cantwell Kirk Schumer Cardin Klobuchar Sessions legislative matters on appropriations from the standard cost-benefit analysis Carper Kohl Shaheen bills. I hope we can have some amend- rules. But this affects our economy in Casey Kyl Snowe ments on our sense-of-the-Senate reso- Coats Landrieu Stabenow a big way. It affects jobs and our abil- lution dealing with having the wealthi- ity to get this economy back on track. Collins Lautenberg Tester Conrad Leahy Thune est of the wealthy contribute to the Closing this independent agency Coons Levin Udall (CO) problems we have with the deficit in loophole is a reform those of us on both Corker Lieberman Udall (NM) this country, and following that I hope sides of the aisle should join the Presi- Cornyn Manchin Warner we can move to Military Construction– dent in supporting. This is the right ve- Durbin McCain Webb Feinstein McCaskill Whitehouse VA. Our servicemen and veterans who hicle to be able to achieve that. No Franken McConnell Wyden have served our country so well need major regulation, whatever its source, NAYS—27 this. should be imposed on American em- ployers or on State or local govern- Ayotte Enzi Moran AMENDMENT NO. 529 Barrasso Grassley Nelson (NE) Mr. REID. Mr. President, I have an ments without a serious consideration Blunt Hatch Paul of what the costs are, what the benefits Boozman Heller Portman amendment at the desk. are, and whether there is available a Chambliss Inhofe Risch The PRESIDING OFFICER. The less burdensome alternative to achieve Coburn Isakson Roberts clerk will report. Cochran Johnson (WI) Shelby The assistant legislative clerk read the same objective. This amendment Crapo Lee Toomey moves us closer toward that goal. It is DeMint Lugar Wicker as follows: The Senator from Nevada [Mr. REID] pro- a commonsense amendment, again, NOT VOTING—4 taking the President’s executive order poses an amendment numbered 529. Brown (OH) Rubio At the end, add the following new section: and memorandum of today and actu- Murkowski Vitter ally putting it into force through the SEC. 2. EFFECTIVE DATE. The motion was agreed to. force of law. The provisions of this Act shall become ef- Mr. REID. Mr. President, the Senate fective 3 days after enactment. I yield the floor, and I note the ab- has just adopted a motion to proceed to sence of a quorum. Mr. REID. Mr. President, on this The PRESIDING OFFICER. The a bill, S. 1323, to express the sense of amendment I ask for the yeas and clerk will call the roll. the Senate on shared sacrifice in re- nays. The assistant legislative clerk pro- solving the budget deficit we have been The PRESIDING OFFICER. Is there a ceeded to call the roll. so concerned about. sufficient second? Mr. WHITEHOUSE. Mr. President, I It is my understanding the minority There is a sufficient second. ask unanimous consent that the order has amendments they wish to have The yeas and nays were ordered. for the quorum call be rescinded. considered. I am happy to work with AMENDMENT NO. 530 TO AMENDMENT NO. 529 The PRESIDING OFFICER. Without the Republican leader to figure out a Mr. REID. Mr. President, I have a objection, it is so ordered. way for this to happen. In the mean- second-degree amendment at the desk. Mr. WHITEHOUSE. I ask unanimous time, however, we need to push for- The PRESIDING OFFICER. The consent to speak for up to 10 minutes. ward. We all need to do that. I am clerk will report.

VerDate Mar 15 2010 23:56 Jul 11, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.024 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4478 CONGRESSIONAL RECORD — SENATE July 11, 2011 The assistant legislative clerk read express the sense of the Senate on shared The PRESIDING OFFICER. Without as follows: sacrifice in resolving the budget deficit. objection, it is so ordered. Harry Reid, Richard J. Durbin, Patty The Senator from Nevada [Mr. REID] pro- Mr. REID. I suggest the absence of a Murray, Daniel K. Inouye, Christopher poses an amendment numbered 530 to amend- A. Coons, Sheldon Whitehouse, Barbara quorum. ment No. 529. Boxer, Robert P. Casey, Jr., Bernard The PRESIDING OFFICER. The In the amendment, strike ‘‘3’’, insert ‘‘2’’. Sanders, Frank R. Lautenberg, Sherrod clerk will call the roll. MOTION TO COMMIT WITH AMENDMENT NO. 531 Brown, Jack Reed, Dianne Feinstein, The legislative clerk proceeded to Mr. REID. Mr. President, I have a Jeff Merkley, Benjamin L. Cardin, Carl call the roll. Levin, Charles E. Schumer. motion to commit the bill with in- Mr. UDALL of Colorado. Mr. Presi- structions, which is also at the desk. f dent, I ask unanimous consent that the The PRESIDING OFFICER. The MAKING APPROPRIATIONS FOR order for the quorum call be rescinded. clerk will report. MILITARY CONSTRUCTION, THE The PRESIDING OFFICER. Without The assistant legislative clerk read DEPARTMENT OF VETERANS AF- objection, it is so ordered. as follows: FAIRS, AND RELATED AGENCIES The Senator from Nevada [Mr. REID] moves FOR THE FISCAL YEAR ENDING f to commit the bill (S. 1323) to the Committee SEPTEMBER 30, 2012—MOTION TO on Finance, with instructions to report back forthwith with an amendment numbered 531. PROCEED REMEMBERING DAVID GETCHES The amendment is as follows: Mr. REID. Mr. President, I move to Mr. UDALL of Colorado. Mr. Presi- On page 2, line 10, after ‘‘deficit’’ strike all proceed to Calendar No. 91, H.R. 2055. dent, I rise today to honor one of Colo- that follows and insert the following: The PRESIDING OFFICER. The rado’s great educators and community ‘‘(1) should require that those earning clerk will report the motion to pro- leaders, David Getches, who passed $1,000,000 or more per year make a more ceed. away on Tuesday, July 5, 2011, at the meaningful contribution to the deficit reduc- The assistant legislative clerk read too-young age of 68. tion effort; and as follows: This is more than a poignant mo- (2) should not end Medicare as we know Motion to proceed to Calendar No. 91, H.R. ment for me. I had planned to come to it.’’ 2055, an act making appropriations for mili- the floor to discuss David Getches’ ca- Mr. REID. Mr. President, I ask for tary construction, the Department of Vet- reer and character because he was step- the yeas and nays on that amendment. erans Affairs, and related agencies for the ping down after 8 very productive years The PRESIDING OFFICER. Is there a fiscal year ending September 30, 2012, and for as the dean of the University of Colo- other purposes. sufficient second? rado Law School. There is a sufficient second. CLOTURE MOTION We all have had this terrible experi- The yeas and nays were ordered. Mr. REID. I have a cloture motion at ence in our lives when somebody whom AMENDMENT NO. 532 the desk. we love and respect suddenly finds they Mr. REID. Mr. President, I have an The PRESIDING OFFICER. The clo- have a cancer that is aggressive—be- amendment to the instructions at the ture motion having been presented yond aggressive. Literally a month desk. under rule XXII, the clerk will report ago, David was diagnosed with pan- The PRESIDING OFFICER. The the cloture motion. creatic cancer. In the 4 weeks since clerk will report. The assistant legislative clerk read that time, that cancer stole him from The assistant legislative clerk read as follows: us. But he was always upbeat. He was as follows: CLOTURE MOTION always someone who we looked to for The Senator from Nevada [Mr. REID] pro- We, the undersigned Senators, in accord- enthusiasm and inspiration. I will be poses an amendment numbered 532 to the in- ance with the provisions of rule XXII of the inspired in my remarks today by what structions of the motion to commit. Standing Rules of the Senate, hereby move he did. I will attempt not to dwell on to bring to a close debate on the motion to After ‘‘Medicare’’, strike all that follows his loss. and insert ‘‘and Medicaid as we know it.’’. proceed to Calendar No. 91, H.R. 2055, an act making appropriations for military con- As I said, Dean Getches served as Mr. REID. I ask for the yeas and nays struction, the Department of Veterans Af- dean of the Colorado Law School for on this amendment. fairs, and related agencies for the fiscal year the last 8 years. With him at the helm, The PRESIDING OFFICER. Is there a ending September 30, 2012, and for other pur- CU Law became one of the most for- sufficient second? poses. ward-looking institutions of legal There is a sufficient second. Harry Reid, Richard J. Durbin, Patty training in the country. I want to share The yeas and nays were ordered. Murray, Daniel K. Inouye, Christopher A. Coons, Sheldon Whitehouse, Barbara a few examples of his vision and leader- AMENDMENT NO. 533 TO AMENDMENT NO. 532 Boxer, Robert P. Casey, Jr., Tim John- ship. I could not cover all of them if I Mr. REID. I have a second-degree son, Frank R. Lautenberg, Sherrod had a full hour. I want to share some of amendment at the desk. Brown, Jack Reed, Dianne Feinstein, them with the Senate and with his The PRESIDING OFFICER. The Jeff Merkley, Benjamin L. Cardin, friends and admirers in Colorado. clerk will report. Mark L. Pryor, Carl Levin, Charles E. He steered this school through the The assistant legislative clerk read Schumer. construction of the new LEED Cer- as follows: Mr. REID. Mr. President, I ask unan- tified Wolf Law Building, which put CU The Senator from Nevada [Mr. REID] pro- imous consent that the mandatory and its law school at the cutting edge poses an amendment numbered 533 to amend- quorum required under rule XXII be of environmental sustainability and ment No. 532. waived with respect to both cloture energy efficiency—two ideas that were Strike ‘‘we’’ and insert ‘‘all Americans’’ motions. connected to the values that Getches CLOTURE MOTION The PRESIDING OFFICER. Without was committed to fostering throughout Mr. REID. Mr. President, I have a objection, it is so ordered. his career. Getches previously served cloture motion at the desk. Mr. REID. Mr. President, I now with- as executive director of the Colorado The PRESIDING OFFICER. The clo- draw my motion to proceed. Department of Natural Resources and ture motion having been presented The PRESIDING OFFICER. The mo- as an adviser to the Interior Secretary under rule XXII, the clerk will report tion is withdrawn. in the Clinton administration. He had the cloture motion. f an extensive background in water, en- The assistant legislative clerk read vironmental, and public lands law. as follows: MORNING BUSINESS Through his work, Getches impressed CLOTURE MOTION Mr. REID. Mr. President, I ask unan- upon all Coloradans the importance of good stewardship of our State’s pre- We, the undersigned Senators, in accord- imous consent that the Senate proceed ance with the provisions of rule XXII of the to a period of morning business, with cious natural resources. Standing Rules of the Senate, hereby move Senators permitted to speak therein Mr. President, I am not a lawyer, but to bring to a close debate on S. 1323, a bill to for up to 10 minutes each. I do know Dean Getches’ efforts to

VerDate Mar 15 2010 01:31 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.027 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4479 teach and share the legal framework I just want to close with this, Mr. ning up debt. He had, in 1 year—his last that protects our resources could not President. We have lost a unique man year—a $450 billion deficit, and he was have been more critical to preserving and a towering Colorado figure. roundly criticized for that. Some of our Western way of life. Mr. President, I yield the floor. that was TARP money, which they David Getches left a lasting impres- The PRESIDING OFFICER. The Sen- scored as monies spent, and it was sion on the demographic composition ator from Alabama. properly and accurately scored. So it of CU Law School. He was committed f came out to $450 billion. The year be- to a student body composed of people BUDGET NEGOTIATIONS fore, it was a $160 billion deficit. Presi- from many different backgrounds and dent Obama’s first budget deficit was cultures, and that commitment made Mr. SESSIONS. Mr. President, the $1,200 billion. His next budget was an indelible impact on the school and situation involving the need for a budg- $1,300 billion. This year’s budget, by on Colorado’s legal community. In 2008, et and the situation involving the need September 30, is projected to be around the Hispanic Bar Association awarded to raise the debt limit for the United $1,500 billion. We haven’t had a budget. him their Community Service Award States is getting more and more cru- Is anything connected there? for increasing Hispanic enrollment, and cial, it seems, by the hour. I have been So I want to say, first of all, one of he also assembled one of the most di- a firm and consistent critic of this idea the ways you act responsibly is when verse administrative teams of any law that has been developing the last sev- you do it out in front of the people. school in the country. He didn’t stop eral years in the Congress that a few I noticed at the press conference there, however. He then created a com- people meet in closed, secret meetings today that President Obama, when mission to produce a groundbreaking and somehow reach a decision that I asked about some of these matters, report on diversity in the legal profes- am supposed to assume is good and de- pushed back and said: Well, we want to sion and how to increase diversity in cent and ought to be confirmed by a have an agreement right now. We don’t law firm recruitment. The highly vote here in the Senate. want to wait any later, close to the skilled and diverse alumni of the CU I feel that there are 100 Senators— election. Law School reflects his efforts and suc- and some a lot smarter and more capa- He was basically saying—it is pretty cesses. ble than I—but I feel a personal sense clear, really, and I am not exag- David Getches also built a legacy of of obligation and duty to ensure that gerating anything—when you get close legal access to legal education for all. when I vote on an important piece of to the election, Senators and Congress- He worked to expand scholarships and legislation my constituents care about, men don’t like to vote for more debt financial aid awarded by the law school that I know what is in it and that I un- and they do not like to vote for more to worthy students regardless of their derstand what is in it, and it is hard to taxes. What is wrong with that? The financial background, increasing schol- know. When you have a bill that comes American people don’t want debt. They arship awards from $600,000 in 2004 to a out that proposes to have changes in do not want taxes. They want us to hefty $2.1 million in 3 short years by the trillions of dollars, involving Fed- bring this government under control. 2007. eral spending for a decade, in a budget But what is being suggested is, oh, it is In 2008, he worked with the Colorado or some other fashion, it requires us to politics. There is something corrupt State Legislature to pass a law allow- be careful about that. politically if you believe you shouldn’t ing public universities to offer loan re- So I would express again my dis- bail out the big spenders in Washington payment assistance grants to grad- satisfaction and belief that this Sen- by taking more money from hard- uates practicing public interest law ate—not the House—has failed in its working Americans and taking it out and more recently founded an endow- duty to participate in an open process of the private sector to give to the pub- ment to award grants to CU Law concerning our budget. The House of School graduates in the public sector. lic sector that has mismanaged the Representatives did. The Republican What Dean Getches did by reducing money they have. House promised to have open hearings. the cost of law school was make public Some might say: Well, JEFF, we have service a viable alternative to private They had a bill on the floor—a budget. these big deficits because you all cut practice for bright, idealistic graduates They passed it within the time re- taxes. of the law school. Without question, quired—by April 15. It completely We haven’t cut taxes in years. Presi- those students, CU Law School, the changed the debt trajectory of America dent Bush cut taxes with revenues State of Colorado, and I would venture and put us on sound footing. It reduced much higher today than when those to say the country will reap the bene- spending by $6 trillion—not $2 trillion taxes were cut. We have gone into an fits in the future from David Getches’ but $6 trillion—and it didn’t raise taxes economic decline, and this recession foresight and thoughtful investments. on the American people. In fact, it re- has reduced our income. That is true. At the heart of why I wanted to come duced taxes in a way they felt would It is not so much the rate of taxes. It to the floor today was that I think we engender better economic growth, is the rate of profit. It is the rate of in- know we can all learn from Dean David which is the best way to engender more come. It is the rate of money people Getches’ passion for giving back to tax revenue—having more people make are being paid, so they do not have as whatever community in which he found more money and pay more taxes. So I much money and they are not paying himself. He led a life of service, and he really believe the House fulfilled their as much in taxes. Now, we can run also compiled an impressive academic constitutional duty. around and find everybody who is left record as well as serving as the dean of In the Senate, we have now gone well with money and try to tax them, but at CU Law School. He was, at his core, over 800 days without a budget. We some point that begins to be self-de- committed to the future of his chil- didn’t have a budget when our Demo- feating. dren, our children, our grandchildren, cratic colleagues had 60 Senators—the So I guess I am trying to raise the and his grandchildren, and he had a highest number one party has had in point, How did we get here? Well, there deep love for the Rocky Mountain probably 70, 80 years, maybe longer. is another way we got here with these Western way of life. He was an avid They didn’t pass a budget. You can huge deficits we have. In the Keynesian outdoorsman, he was fit, and he faced pass a budget with 51 votes—with the philosophy of economics, we had a big any and all physical challenges just Vice President, 50 votes. It is a simple spending bill called a stimulus bill. I like he faced intellectual and emo- majority. It is an expedited procedure. opposed it. I remember reading a piece tional challenges. As I said in the be- Budgets have been passed when parties by the Nobel laureate, Professor Beck- ginning of my remarks, he was a men- have only had one-vote majorities in er, from the University of Chicago, not tor to all of us, and he always had his the Senate. long before the vote saying it was not eye on the future. I know, as painful as So I would say it is odd that we have going to create jobs; that it was not it is for all of us who knew him to lose gone 2 years without a budget, but it is sufficiently stimulative to be a good him so suddenly, he would want us to not odd—in part because of having no stimulus bill, in fact, in his mind, as a be focused on the future. budget—that we have seen the largest Nobel Prize-winning economist. And Dean Getches did this and much surges of debt the Nation has ever seen. that is exactly what happened. It more for Colorado and our country, and President Bush was criticized for run- didn’t create jobs. It went to social

VerDate Mar 15 2010 01:31 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.032 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4480 CONGRESSIONAL RECORD — SENATE July 11, 2011 programs, it went to State aid, and it who are holding it close to their vest tive way. Well, those words are good went to things other than the infra- say it is and all the rest of us have to words, just like the President’s state- structure that we were told it was accept that? I don’t think so. I have be- ment that he had a budget that was going for. Only 4 percent of that money come very uneasy about what we hear going to cause us to live within our went to roads and bridges—4 percent in this city of Washington about plans means and pay down our debt. That is out of $850 billion. Every penny bor- and policy. what he said. That is what his budget rowed will be to create or to stimulate When President Obama announced director said. Well, you can say things, jobs, they said. We are going to redo his budget, it was the most irrespon- but it doesn’t make them true. I can our infrastructure, they said. It was sible budget this country has ever been say I don’t have a desk in my hand, but not done that way. It was social spend- presented with by a President. I don’t I have a desk in my hand, reality being ing overwhelmingly, and it didn’t cre- think anybody can dispute that. I am what it is. So that was not a good ate growth in the economy. prepared to defend that against any- budget he submitted, and I am worried Another reason we have the debt is body who says so. It increased spend- about this phantom budget we are because the baseline spending has ing, it increased taxes. Over a decade, hearing about today. surged under the Democratic leader- it increased taxes and increased spend- The way we calculate this phantom ship and President Obama. Defense De- ing and made the deficit worse than if budget and the things that have been partment has gone up 3 or so percent we hadn’t done anything, at a time released about it, it would raise taxes the last couple of years in spending. when the Nation should have been as much as $2.8 trillion and cut spend- Nondefense discretionary spending— working from January until today fig- ing about 4 percent over the 10 years— the things we do such as energy pro- uring out how to bring this govern- this is a 10-year budget—at a time grams and road programs and aid and ment under control and contain the when we are projected to add, under grants and things we like to spend growth in spending and contain the the President’s plan, $13 trillion to our national debt. So we are going to re- around here—went up 24 percent in 2 debt. This is what he said, and his duce the debt by 4 percent from $13 years. We were having a drop off in in- budget director in our committee trillion—an utterly unsustainable fig- come, a drop off in tax revenue, and we said—Mr. Lew—that: Our budget calls ure. The House budget would cut dis- increased spending dramatically. on us to live within our means and pay cretionary spending $6 trillion. The We never had 10, 12 percent increases down the debt. Toomey plan would have cut spending in spending per year. But hold your The Congressional Budget Office $8 trillion. hat. The budget the President sub- scored the budget. They analyzed it Senator CONRAD actually said on the mitted to us in February of this year— over 10 years. The lowest single annual Senate floor that his budget—which several months ago—proposed in- deficit that was occurring during that raises taxes, as I indicated—would re- creases for the Education Department time was $750 billion, the lowest def- duce taxes by $700 billion. He said it of 10.5 percent, proposed increases for icit, almost half again higher than would reduce taxes by $700 billion. the State Department of 10.5 percent, President Bush’s highest deficit. And it Now, how is this accounting—this with 9.5 percent for the Energy Depart- starts going up in the outyears 8, 9, and trick, I will suggest—accomplished? ment and a 60-percent increase for 10—to over $1 trillion in the 10th year Well, to get to that number, he is obvi- transportation—the high-speed rail annual deficit. Interest on that debt ously comparing it to a CBO baseline projects. But we don’t have the money. that would be accrued by such an irre- which assumes that every single tax All of that would have been borrowed. sponsible budget would go from around rate from the 2001 and 2003 tax cuts We couldn’t sustain flat spending with- $200 billion last year, $240-some-odd bil- that has been in place now almost a out borrowing money, we are so far in lion this year, to $930 billion in 2021. decade is going to expire and all those debt. Forty cents of every dollar we That would be larger than Medicare, rates go up. So he is saying that if he spend today is borrowed. larger than Social Security, larger keeps a few of them from going up, he So I have been a big critic of this than the defense budget including the has cut taxes. Only in Washington can scheme to meet behind closed doors war—much larger than those. So inter- you raise taxes dramatically, change and not tell the rest of the Congress or est is a danger. the tax rates that have been in place the American people what we are doing Senator CONRAD talked this after- for a decade, see taxes go up dramati- and to plop down on the floor of the noon about his phantom budget, and he cally, and call that a tax cut. Senate some proposed deal that we told us a lot of things he wanted us to By the way, baseline is very impor- have to sign at the eleventh hour or know about it, and he articulated it in tant. We don’t know what baseline the the government is going to shut down. a way that made you think that it is chairman of the Budget Committee is Why haven’t we been talking about not such a bad idea. But we have real using. He understands it very well. He this? They talked about it in the numbers people. Just like President is one of the most knowledgeable, ca- House. They voted on it. They reduced Obama said his budget was going to pable Members of our body, and he un- spending $6 trillion. In the phantom pay down the debt and cause us to live derstands these well. I believe the budget that has been talked about by within our means when it had no def- phrase he used was that it is a plau- our Democratic colleagues, one they icit lower than $740 billion—he said it sible baseline—a plausible baseline. never produced so it could actually be is a blueprint. He said it is a frame- Well, let me tell you the baseline we accounted for, they are claiming it work. But he didn’t say it was a budget should use. The baseline, when you would reduce spending $2 trillion and because it is not a budget. A budget is talk about whether spending increases are patting themselves on the back a document that can be read, or whether spending decreases, should about how great they are. But when ascertained, evaluated, and scored. be what you are spending today. If you you take out the interest savings that So they leak it to the Washington are spending $100 billion today and if occur, it is only $1.4 trillion in actual Post—not to Members or colleagues of you spend $102 billion, you have spent reduction of spending and it is a 2.7- the Senate here—they leak to the $2 billion more. If you spend $98 billion, percent, we estimate, increase in taxes. Washington Post some of the good you are spending $2 billion less, right? Senator CONRAD, the chairman of the things he wanted to get out, and then Well, what they do in Washington and Budget Committee, does a good job. He they talk about some of the good the reason this country is so close to is a smart man. I think he understands things here today. Forgive me if I am bankruptcy is they assume growth the threat America faces. I thought he not impressed. If it is such a good rates, baseline growth rates. Then did, although this phantom secret budget, why don’t you print it out and when you reduce the baseline growth budget that they just leak out descrip- propose it to us? That is what the rate, and it is going up $10 billion next tions of whenever it is convenient has House of Representatives did. They are year and you reduce that increase to $9 not impressed me. Really, it just hasn’t prepared to defend their budget. billion, you claim you cut spending by been impressive. Is it a vision? Is it a Senator CONRAD said this: that he $1 billion and it went up $9 billion. specter of some kind of a budget that thought it could play a part in this big Now, that is the kind of logic that has nobody can ever grasp their hands deal the President is talking about to put us in the difficult position we are around, and it is only what the people change our debt trajectory in a posi- in.

VerDate Mar 15 2010 00:10 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.032 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4481 So I have decided and told my staff tary has to tighten its belt. Just like percent greater increase in growth that on the Budget Committee that when every other department in this govern- would amount to, according to the we get numbers, we are going to com- ment, it may even have to take a real White House economic team some time pare them to the only thing that is reduction in spending. But we are not ago, an increase of 1 million jobs in solid, and that is a level baseline—does going to have an 18-percent, 20-percent America. it go up or does it go down? In fact, the reduction. Are we going to have our What I am saying is we erroneously Ryan House budget that cut $6 trillion men and women who place their lives state too often, I think, that the ques- still increases spending. It is not a real on the line for us have to pay for prof- tion is about our children and grand- cut. ligacy in Washington? I don’t think so. children. I truly believe the sluggish So you do have to figure out how Mr. President, I would ask Majority growth and the very weak job numbers much you are talking about and what Leader REID, who I believe is the strat- we have been having are the result of baseline you are using to know what egist in the Senate who told our chair- carrying too much debt. We have to the numbers are. The best way to do man, Senator CONRAD, that he should start reducing that debt even if it is that and the most objective way to do not bring up a budget—I think Senator painful for us to do so. I hope our col- that is to use a flatline number and see CONRAD and I were prepared to bring up leagues will produce a budget that will whether we are up or down, and then a budget. He was working on one. His actually change the numbers. I am not we can communicate. But if you get to staff was working on one. We were confident that will happen. choose your baseline—and CBO has within days of a markup. He was going Failing that I do hope, Mr. Leader, one, the President has another one, and to produce a budget, and those of us on and I say this to my leader, too, that if it looks as though the Senate Demo- the Republican side had amendments a bill is brought forth in the Senate we crats have chosen another one they to offer, and we were preparing for a have at least 7 days to consider it be- call a plausible baseline. I don’t know debate, and they decided all of a sudden fore we are asked to vote on it. I be- what that means. The debt commission not to have a markup. Later, Senator lieve it will take that long to properly that had their recommendation for re- REID said it would be foolish to produce evaluate it. ducing debt chose another baseline. It a budget. I see the majority leader here. It is makes it confusing, and it makes it I would say it would be foolish for always a pleasure to work with him. harder to understand. the Congress of the United States to I yield the floor. So when you talk about a budget take a paycheck to operate the way we Mr. REID. Mr. President, I would say that is supposed to really make a dif- are operating when 40 cents of every before my friend leaves the floor, his ference in our economy and you pro- dollar we spend is borrowed. That is leader, my friend, the senior Senator pose $2 in tax increases for every $1 in unthinkable. How did we get in this po- from Kentucky and I are representing spending cuts and suggest this is the the Senate along with Senator KYL and kind of thing you are working with the sition where we are spending $3,700 bil- Senator DURBIN at the White House. President on in their negotiations, lion and taking in only $2,200 billion We have been there many days now. We maybe we can begin to understand why and all the difference is borrowed? Finally—this is important—a lot of understand, all of us there, Democrats the Members of the House and the us have heard these numbers but it has and Republicans, the significant ad- Members of the Senate who have been not resonated with us about how im- verse effect this huge debt has on our in these meetings have been walking portant they are. Professors Rogoff and country. Everyone there is trying to out of these meetings and saying: All Reinhart have written a book called arrive at a point where we do some- they want to do is raise taxes. The President himself said several ‘‘This Time It’s Different,’’ studying thing about that. We are not there yet. months ago that he thought $3 of eight centuries of sovereign govern- It is difficult to do. We understand it is spending cuts and $1 of tax increases mental default on their debts, the kind going to take, we believe, a mix of would be a good mix. But what we are of thing Greece is going through today. spending cuts and some way to gen- hearing today is $2 of tax increases to They have analyzed how it happens and erate some more revenue. We are work- $1 of spending cuts. That is not accept- the consequences. They chose the name ing our best to get this done. able and has no chance of passage. And because they said that every time poli- My friend is right, the debt is a drag if the American people have time to ticians ran up debt in their country to on the economy. There is no question read that kind of legislation and find high levels and caused a crisis, they about that. Once we are able to raise out that is what is in it, they are not said: It will not happen to us. This the debt limit, I think we are going to going to be happy with anybody that time it is different. We are different see some energy in this economy we supports it, in my view. So perhaps from those other countries that went have not seen in some time. But we are that is the reason they want to wait belly up. Then it happens just like not there yet. I wish I could report to until the eleventh hour, claim the that, savagely, immediately, like the my friend from Alabama and the rest country is about to shut down, and try financial crisis that hit us in 2007–2008. of the Senate and the country that we to force it through. As the President What they concluded in further study have completed our negotiations, but suggested, you don’t want to get it too was something else. Not only when you we have not. We are going to go back close to the election when people get your debt too high do you run the again tomorrow. The President said might remember what you did to them. risk of a financial crisis, but your debt 3:45, and I said a.m. or p.m.? It will be Goodness gracious, they talk about a slows your economic growth and the 3:45 p.m. tomorrow that we will be $900 billion cut in the Defense Depart- countries that have debts that equal 90 back, trying to move forward. ment. That is part of their plan too. percent of the economy—I see my good My friend from Alabama has an im- Well, let me just tell you how that friend, Senator REID. He has the tough- portant responsibility as the person gimmick works. You propose a $900 bil- est job in Washington and I am not who is the ranking member now of that lion cut in the Defense Department and making it any easier for him. It will be most important Budget Committee. I you know that almost 20 percent cut is good for him to hear this. I think he am sure he has learned a lot, having not going to become law, but you go knows it. taken this assignment, that he did not out and tell the public you saved $900 But they have concluded when your know before. That is the way it is with billion and you plan to cut it from the total American debt reaches 90 percent everyone in the Senate. I have learned Defense Department, and you can’t cut of our economy, our GDP, and goes a great deal working through the CR, that much money from the Defense De- above that, it pulls down your eco- different iterations of that, and now on partment. So no wonder our retiring nomic growth by 1 percent. CBO now is this work we are doing trying to arrive fine Senator JOE LIEBERMAN, after the scoring our growth to come in at .9 per- at a debt reduction package along with Democratic discussion of this, was cent below what it otherwise would be raising the debt ceiling. I have learned moved to say he was worried about because of our debt. a lot. I have a lot more to learn. what such a budget would do to our na- The first quarter we had 2 percent I appreciate the intensity of my tional security. Well, he should be. economic growth. If we had 3 percent friend in that in which he believes, I have been on the Armed Services economic growth that would be a 50- whether it is this or as the person run- Committee. I don’t deny that the mili- percent increase in growth. If we had 1 ning the Judiciary Committee for the

VerDate Mar 15 2010 00:10 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.033 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4482 CONGRESSIONAL RECORD — SENATE July 11, 2011 Republicans. He is always very intense. I now believe it was a mistake for the given to the treaty’s effects on the nat- He and I don’t always agree but we Federal Government to legislate in this ural and cultural resources of tribes/ agree more than people think. But one area in a way that overrides the effect first nations whose homelands are lo- thing no one can ever take away from of State laws. Prior to the enactment cated within the Columbia River Basin. the junior Senator from Alabama is the of DOMA, the Federal Government had Lack of previous dialogue and inclu- seriousness of his being in the Senate. deferred to the States to determine sion of tribal perspectives has dis- f what constitutes marriage. I believe we rupted regional and tribal interests by should return to that position. leading to the degradation of rivers, LAS VEGAS NATURAL HISTORY I also believe it is wrong, and prob- the salmon population, traditional food MUSEUM ably unconstitutional, for the Federal sources, natural resources, and tribal Mr. REID. Mr. President, I rise today Government to treat married couples customs and identities. to recognize the 20th anniversary of differently solely on the basis of their The Columbia River Treaty Review the Las Vegas Natural History Mu- sexual orientation. provides an opportunity for the United seum. For two decades the Las Vegas Enactment of the Respect for Mar- States to include Columbia Basin Natural History Museum has provided riage Act will help ensure that the full tribes in the treaty review process. I children and families from all across protections of our Constitution apply want to emphasize the importance of southern Nevada with the opportunity to all of our citizens. tribal consultation and incorporation to learn about science and history in f of traditional knowledge in this proc- an educational setting outside of the ess—to ensure protection and conserva- COLUMBIA RIVER TREATY classroom. It is my great pleasure to tion of the numerous natural resources honor this fine institution, its employ- Mr. WYDEN. Mr. President, I ask the that tribal people’s way of life are de- ees, and the museum’s board members Senate to join me in acknowledging pendent on. before the U.S. Senate today. the 15 Columbia River Basin tribes’ in- The treaty review provides an oppor- The museum started in 1989 when a volvement in the Columbia River Trea- tunity to discuss and learn ways to group of dedicated citizens petitioned ty negotiation and review process. As strengthen both the government-to- the Las Vegas City Council to find a some of you may know, the Columbia government relationship that exists be- permanent home for a collection of River Treaty is an agreement between tween the United States and the indi- wildlife and prehistoric exhibits. In Canada and the United States on the vidual Indian nations as well as the July 1991, the museum opened its doors development and operation of the U.S.’s position relative to Canada. This to the people of Las Vegas with a col- major hydroelectric dams in the Co- can lead the U.S. to advance its rela- lection of loaned wildlife and pre- lumbia River Basin. It addresses power tionship with 15 additional sovereigns. historic exhibits. Today, the museum and flood control benefits in both coun- I have enjoyed working with tribes on has acquired a world-class collection of tries. The treaty has been in effect a number of important issues; I value artifacts for their multimillion dollar since 1964. Under the provisions of the our continued friendship and look for- collection. Even the Smithsonian Insti- existing treaty, if either country wish- ward to working together in the future. tution has taken notice of our mu- es to modify or cancel the treaty, it I am proud to support the 15 Columbia seum. In 2002, the Las Vegas Natural must notify the other country by the River Basin tribes in their efforts to History Museum became an affiliate year 2014. stand alongside the United States in with the Smithsonian Institution, With 2014 approaching, the United negotiations of the Columbia River granting them access to the States and Canadian treaty ‘‘entities’’ Treaty and stand ready to assist in any Smithsonian’s vast collection of exhib- have already begun talks regarding a way I can. its. possible extension and modification of f While many museums across the the treaty. The Columbia River Treaty country have struggled with the eco- review team has designated representa- MESSAGES FROM THE PRESIDENT nomic downturn, the Las Vegas Nat- tives from 15 Columbia River tribes, Messages from the President of the ural History Museum continues to also known as the Sovereign Review United States were communicated to thrive and grow. Last year, the Las Team, SRT. The Columbia Basin tribes the Senate by Mr. Pate, one of his sec- Vegas Natural History Museum pro- have vital cultural and natural re- retaries. vided educational tours to 30,000 stu- sources at stake since their homelands f are located in the area affected by the dents in Clark County. All of their pro- EXECUTIVE MESSAGES REFERRED grams are designed by grade level to treaty and, as sovereign units of gov- meet State educational requirements. ernment and members of the Sovereign As in executive session the Presiding The museum also provides opportuni- Review Team, SRT—they have a right Officer laid before the Senate messages ties for at-risk schools to visit the mu- to play an important role in those ne- from the President of the United seum free of charge. Their Open Doors gotiations. It is important to recognize States submitting sundry nominations Program provided scholarships that al- the unique fishing rights for salmon which were referred to the appropriate lowed nearly 20,000 visitors from at- that will have to be taken into account committees. (The nominations received today are risk or economically disadvantaged during any negotiations of this treaty printed at the end of the Senate pro- schools to experience the museum. with our neighbors to the north. The I am proud to join with my fellow Ne- outcome of these negotiations could ceedings.) vadans in recognizing the Las Vegas have a profound impact on the North- f Natural History Museum on reaching western United States. MESSAGE FROM THE HOUSE I really appreciate one of the des- this important milestone. For 20 years, At 2:03 p.m., a message from the ignated tribal representatives from Or- this institution has provided the chil- House of Representatives, delivered by egon, the Columbia River Inter-Tribal dren of southern Nevada with an inter- Mrs. Cole, one of its reading clerks, an- Fish Commission, for their continuous active learning experience, and I have nounced that the House has passed the involvement. I also appreciate the no doubt that the museum will con- following bill, in which it requests the other members of the Sovereign Re- tinue to be an important part of our concurrence of the Senate: view Team. The tribes and folks from community for years to come. H.R. 2219. An act making appropriations f the Pacific Northwest all share a com- for the Department of Defense for the fiscal mon desire for proactive approaches in RESPECT FOR MARRIAGE ACT year ending September 30, 2012, and for other salmon restoration and recovery, and purposes. Mr. BINGAMAN. Mr. President, it is important to come together with f today I have added my name as a co- shared strengths, joint efforts and co- sponsor of S. 598, the Respect for Mar- ordinated education strategies. MEASURES REFERRED riage Act. This legislation would repeal Unfortunately, the Columbia River The following bill was read the first the Defense of Marriage Act, DOMA, Treaty was enacted during a time in and the second times by unanimous which I voted for in 1996. our history when consideration was not consent, and referred as indicated:

VerDate Mar 15 2010 00:10 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.035 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4483 H.R. 2219. An act making appropriations to the Committee on Energy and Natural Re- EC–2450. A communication from the Direc- for the Department of Defense for the fiscal sources. tor of the Regulatory Management Division, year ending September 30, 2012, and for other EC–2443. A communication from the Direc- Office of Policy, Environmental Protection purposes; to the Committee on Appropria- tor of the Regulatory Management Division, Agency, transmitting, pursuant to law, the tions. Office of Policy, Environmental Protection report of a rule entitled ‘‘Finding Failure to Agency, transmitting, pursuant to law, the Submit Section 110 State Implementation f report of a rule entitled ‘‘Notice of Approval Plans for Interstate Transport for the 2006 MEASURES PLACED ON THE of Outer Continental Shelf (OCS) Permit National Ambient Air Quality Standards for CALENDAR Issued to Cape Wind Associates, LLC’’ (FRL Fine Particulate Matter’’ (FRL No. 9435–7) No. 9431–8) received in the Office of the Presi- received in the Office of the President of the The following bill was read the sec- dent of the Senate on July 7, 2011; to the Senate on July 7, 2011; to the Committee on ond time, and placed on the calendar: Committee on Environment and Public Environment and Public Works. S. 1340. A bill to cut, cap, and balance the Works. EC–2451. A communication from the Direc- Federal budget. EC–2444. A communication from the Direc- tor of the Regulatory Management Division, tor of the Regulatory Management Division, Office of Policy, Environmental Protection f Office of Policy, Environmental Protection Agency, transmitting, pursuant to law, the EXECUTIVE AND OTHER Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Finding of Sub- COMMUNICATIONS report of a rule entitled ‘‘Approval and Pro- stantial Inadequacy of Implementation Plan; mulgation of Air Quality Implementation Call for Iowa State Implementation Plan Re- The following communications were Plans; Indiana; Modifications to Indiana Pre- vision’’ (FRL No. 9434–7) received in the Of- laid before the Senate, together with vention of Significant Deterioration and fice of the President of the Senate on July 7, accompanying papers, reports, and doc- Non-attainment New Source Review Rules’’ 2011; to the Committee on Environment and uments, and were referred as indicated: (FRL No. 9430–7) received in the Office of the Public Works. President of the Senate on July 7, 2011; to EC–2452. A communication from the Direc- EC–2437. A communication from the Direc- the Committee on Environment and Public tor of the Regulatory Management Division, tor of the Regulatory Management Division, Works. Office of Policy, Environmental Protection Office of Policy, Environmental Protection EC–2445. A communication from the Direc- Agency, transmitting, pursuant to law, the Agency, transmitting, pursuant to law, the tor of the Regulatory Management Division, report of a rule entitled ‘‘Approval and Pro- report of a rule entitled ‘‘Maneb; Tolerance Office of Policy, Environmental Protection mulgation of Implementation Plans; State of Actions’’ (FRL No. 8878–6) received in the Of- Agency, transmitting, pursuant to law, the Missouri’’ (FRL No. 9429–1) received in the fice of the President of the Senate on July 7, report of a rule entitled ‘‘Approval and Pro- Office of the President of the Senate on July 2011; to the Committee on Agriculture, Nu- mulgation of Air Quality Implementation 7, 2011; to the Committee on Environment trition, and Forestry. Plans; Ohio; Control of Gasoline Volatility; and Public Works. EC–2438. A communication from the Direc- Correction’’ (FRL No. 9430–5) received in the EC–2453. A communication from the Direc- tor of the Regulatory Management Division, Office of the President of the Senate on July tor of the Regulatory Management Division, Office of Policy, Environmental Protection 7, 2011; to the Committee on Environment Office of Policy, Environmental Protection Agency, transmitting, pursuant to law, the and Public Works. Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘2-Propenoic acid, 2- EC–2446. A communication from the Direc- report of a rule entitled ‘‘Approval and Pro- methyl-, phenylmethyl ester, polymer with tor of the Regulatory Management Division, mulgation of Implementation Plans; State of 2-propenoic acid and sodium 2-methyl-2-[(1- Office of Policy, Environmental Protection Nebraska’’ (FRL No. 9434–4) received in the oxo-2-propen-1-yl)amino]-1-propanesulfonate Agency, transmitting, pursuant to law, the Office of the President of the Senate on July (1:1), peroxydisulfuric acid ([HO)S(O)2]202) report of a rule entitled ‘‘Approval and Pro- 7, 2011; to the Committee on Environment sodium salt (1:2)-initiated; Tolerance Exemp- mulgation of Air Quality Implementation and Public Works. EC–2454. A communication from the Direc- tion’’ (FRL No. 8878–4) received in the Office Plan; New Jersey and New York; Final Dis- tor of the Regulatory Management Division, of the President of the Senate on July 7, 2011; approval of Interstate Transport State Im- Office of Policy, Environmental Protection to the Committee on Agriculture, Nutrition, plementation Plan Revision for the 2006 24- Agency, transmitting, pursuant to law, the and Forestry. hour PM2.5 NAAQS’’ (FRL No. 9436–2) re- report of a rule entitled ‘‘Approval and Pro- EC–2439. A communication from the Sec- ceived in the Office of the President of the mulgation of Implementation Plans; State of retary, Division of Corporation Finance, Se- Senate on July 7, 2011; to the Committee on Kansas’’ (FRL No. 9434–3) received in the Of- curities and Exchange Commission, trans- Environment and Public Works. fice of the President of the Senate on July 7, mitting, pursuant to law, the report of a rule EC–2447. A communication from the Direc- 2011; to the Committee on Environment and entitled ‘‘Extension of Temporary Exemp- tor of the Regulatory Management Division, Public Works. tions for Eligible Credit Default Swaps to Office of Policy, Environmental Protection Facilitate Operation of Central Counterpar- EC–2455. A communication from the Direc- Agency, transmitting, pursuant to law, the tor of the Regulatory Management Division, ties to Clear and Settle Credit Default report of a rule entitled ‘‘Approval and Pro- Swaps’’ (RIN3235–AK26) received in the Office Office of Policy, Environmental Protection mulgation of Air Quality Implementation Agency, transmitting, pursuant to law, the of the President of the Senate on July 7, 2011; Plan; Missouri; Final Disapproval of Inter- to the Committee on Banking, Housing, and report of a rule entitled ‘‘Deferral for CO2 state Transport State Implementation Plan Emissions from Bioenergy and Other Bio- Urban Affairs. Revision for the 2006 24-hour PM2.5 NAAQS’’ genic Sources Under the Prevention of Sig- EC–2440. A communication from the Dep- (FRL No. 9435–9) received in the Office of the nificant Deterioration (PSD) and Title V uty Chief, Wireline Competition Bureau, President of the Senate on July 7, 2011; to Programs: Final Rule’’ (FRL No. 9431–6) re- Federal Communications Commission, trans- the Committee on Environment and Public ceived in the Office of the President of the mitting, pursuant to law, the report of a rule Works. Senate on July 7, 2011; to the Committee on entitled ‘‘In the Matter of Rural Health Care EC–2448. A communication from the Direc- Environment and Public Works. Support Mechanism’’ ((RIN3060–AF85)(FCC tor of the Regulatory Management Division, EC–2456. A communication from the Direc- 11–101)) received in the Office of the Presi- Office of Policy, Environmental Protection tor of the Regulatory Management Division, dent of the Senate on July 6, 2011; to the Agency, transmitting, pursuant to law, the Office of Policy, Environmental Protection Committee on Commerce, Science, and report of a rule entitled ‘‘Approval and Pro- Agency, transmitting, pursuant to law, the Transportation. mulgation of Air Quality Implementation report of a rule entitled ‘‘Approval and Pro- EC–2441. A communication from the Acting Plan; Kansas; Final Disapproval of Inter- mulgation of Implementation Plans; Con- Assistant Secretary for Export Administra- state Transport State Implementation Plan necticut, Maine, New Hampshire and Rhode tion, Bureau of Industry and Security, De- Revision for the 2004 24-hour PM2.5 NAAQS’’ Island; Infrastructure SIPs for the 1997 8- partment of Commerce, transmitting, pursu- (FRL No. 9436–1) received in the Office of the hour Ozone National Ambient Air Quality ant to law, the report of a rule entitled ‘‘Pa- President of the Senate on July 7, 2011; to Standards’’ (FRL No. 9431–2) received in the perwork Reduction Act: Updated List of Ap- the Committee on Environment and Public Office of the President of the Senate on July proved Information Collections and Removal Works. 7, 2011; to the Committee on Environment of a Redundant Reporting Requirement’’ EC–2449. A communication from the Direc- and Public Works. (RIN0694–AF08) received in the Office of the tor of the Regulatory Management Division, EC–2457. A communication from the Direc- President of the Senate on July 7, 2011; to Office of Policy, Environmental Protection tor of the Regulatory Management Division, the Committee on Commerce, Science, and Agency, transmitting, pursuant to law, the Office of Policy, Environmental Protection Transportation. report of a rule entitled ‘‘Approval of Air Agency, transmitting, pursuant to law, the EC–2442. A communication from the Dep- Quality Implementation Plans; Indiana and report of a rule entitled ‘‘Determination of uty Secretary, Office of Natural Resources Ohio; Disapproval of Interstate Transport Attainment, Approval and Promulgation of Revenue, Department of the Interior, trans- State Implementation Plan Revision for the Air Quality Implementation Plans; Indiana; mitting, pursuant to law, the report of a rule 2006 24-hour PM2.5 NAAQS’’ (FRL No. 9435–8) Correction’’ (FRL No. 9430–6) received in the entitled ‘‘Reorganization of Title 30, Code of received in the Office of the President of the Office of the President of the Senate on July Federal Regulations’’ received in the Office Senate on July 7, 2011; to the Committee on 7, 2011; to the Committee on Environment of the President of the Senate on July 7, 2011; Environment and Public Works. and Public Works.

VerDate Mar 15 2010 01:31 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JY6.012 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4484 CONGRESSIONAL RECORD — SENATE July 11, 2011 EC–2458. A communication from the Direc- dent of the Senate on July 11, 2011; to the tion Policy, General Services Administra- tor of the Regulatory Management Division, Committee on Environment and Public tion, transmitting, pursuant to law, the re- Office of Policy, Environmental Protection Works. port of a rule entitled ‘‘Federal Acquisition Agency, transmitting, pursuant to law, the EC–2465. A communication from the Direc- Regulation; Unique Procurement Instrument report of a rule entitled ‘‘Approval and Pro- tor of the Regulatory Management Division, Identifier’’ (FAC 2005–53) received in the Of- mulgation of Implementation Plans; Ohio; Office of Policy, Environmental Protection fice of the President of the Senate on July 6, Volatile Organic Compound Reinforced Plas- Agency, transmitting, pursuant to law, the 2011; to the Committee on Homeland Secu- tic Composites Production Operations Rule’’ report of a rule entitled ‘‘Federal Implemen- rity and Governmental Affairs. (FRL No. 9430–9) received in the Office of the tation Plans to Reduce Interstate Transport f President of the Senate on July 7, 2011; to of Fine Particulate Matter and Ozone in 27 the Committee on Environment and Public States; Correction of SIP Approvals for 22 PETITIONS AND MEMORIALS Works. States’’ (FRL No. 9436–8) received in the Of- EC–2459. A communication from the Direc- The following petition or memorial fice of the President of the Senate on July was laid before the Senate and was re- tor of the Regulatory Management Division, 11, 2011; to the Committee on Environment Office of Policy, Environmental Protection and Public Works. ferred or ordered to lie on the table as Agency, transmitting, pursuant to law, the EC–2466. A communication from the Direc- indicated: report of a rule entitled ‘‘Approval and Pro- tor of the Regulatory Management Division, POM–56. A concurrent resolution adopted mulgation of Implementation Plans; South Office of Policy, Environmental Protection by the Senate of the State of Louisiana me- Carolina; 110(a)(1) and (2) Infrastructure Re- Agency, transmitting, pursuant to law, the morializing Congress to review and consider quirements for the 1997 8-hour Ozone Na- report of a rule entitled ‘‘Modification of eliminating provisions of federal law, which tional Ambient Air Quality Standards’’ (FRL Treasury Regulations Pursuant to Section reduce Social Security benefits for those re- No. 9436–4) received in the Office of the Presi- 939A of the Dodd-Frank Wall Street Reform ceiving pension benefits from federal, state, dent of the Senate on July 11, 2011; to the and Consumer Protection Act’’ (RIN1545– or local government retirement or pension Committee on Environment and Public BK28) received in the Office of the President systems, plans, or funds; to the Committee Works. of the Senate on July 7, 2011; to the Com- on Finance. EC–2460. A communication from the Direc- mittee on Finance. SENATE CONCURRENT RESOLUTION NO. 57 tor of the Regulatory Management Division, EC–2467. A communication from the Sur- Office of Policy, Environmental Protection geon General, Department of Health and Whereas, the Congress of the United States Agency, transmitting, pursuant to law, the Human Services, transmitting the National has enacted both the Government Pension report of a rule entitled ‘‘Approval and Pro- Prevention, Health Promotion and Public Offset (GPO), reducing the spousal and sur- mulgation of Air Quality Implementation Health Council’s 2011 annual status report; vivor Social Security benefit, and the Wind- Plans; Louisiana; Section 110(a)(2) Infra- to the Committee on Health, Education, fall Elimination Provision (WEP), reducing structure Requirements for 1997 8-hour Ozone Labor, and Pensions. the earned Social Security benefit for any and Fine Particulate Matter National Ambi- EC–2468. A communication from the Senior person who also receives a public pension ent Air Quality Standards’’ (FRL No. 9437–8) Procurement Executive, Office of Acquisi- benefit; and received in the Office of the President of the tion Policy, General Services Administra- Whereas, the intent of Congress in enact- Senate on July 11, 2011; to the Committee on tion, transmitting, pursuant to law, the re- ing the GPO and the WEP provisions was to Environment and Public Works. port of a rule entitled ‘‘Federal Acquisition address concerns that a public employee who EC–2461. A communication from the Direc- Regulation; Federal Acquisition Circular had worked primarily in federal, state, or tor of the Regulatory Management Division, 2005–53; Small Entity Compliance Guide’’ local government employment might receive Office of Policy, Environmental Protection (FAC 2005–53) received in the Office of the a public pension in addition to the same So- Agency, transmitting, pursuant to law, the President of the Senate on July 6, 2011; to cial Security benefit as a person who had report of a rule entitled ‘‘Approval and Pro- the Committee on Homeland Security and worked only in employment covered by So- mulgation of Air Quality Implementation Governmental Affairs. cial Security throughout his career; and Plans; Illinois; Indiana; Michigan; Min- EC–2469. A communication from the Senior Whereas, the purpose of Congress in enact- nesota; Ohio; Wisconsin; Infrastructure SIP Procurement Executive, Office of Acquisi- ing these reduction provisions was to provide Requirements for the 1997 8-hour Ozone and tion Policy, General Services Administra- a disincentive for public employees to re- ceive two pensions; and PM2.5 National Ambient Air Quality Stand- tion, transmitting, pursuant to law, the re- ards’’ (FRL No. 9436–7) received in the Office port of a rule entitled ‘‘Federal Acquisition Whereas, the GPO negatively affects a of the President of the Senate on July 11, Regulation; TINA Interest Calculations’’ spouse or survivor receiving a federal, state, 2011; to the Committee on Environment and (FAC 2005–53) received in the Office of the or local government retirement or pension Public Works. President of the Senate on July 6, 2011; to benefit who would also be entitled to a So- EC–2462. A communication from the Direc- the Committee on Homeland Security and cial Security benefit earned by a spouse; and tor of the Regulatory Management Division, Governmental Affairs. Whereas, the GPO formula reduces the Office of Policy, Environmental Protection EC–2470. A communication from the Senior spousal or survivor Social Security benefit Agency, transmitting, pursuant to law, the Procurement Executive, Office of Acquisi- by two-thirds of the amount of the federal, report of a rule entitled ‘‘Approval and Pro- tion Policy, General Services Administra- state, or local government retirement or mulgation of Implementation Plans; Mis- tion, transmitting, pursuant to law, the re- pension benefit received by the spouse or sissippi; 110(a)(1) and (2) Infrastructure Re- port of a rule entitled ‘‘Federal Acquisition survivor, in many cases completely elimi- quirements for the 1997 8-hour Ozone Na- Regulation; Extension of Sunset Date for nating the Social Security benefit; and tional Ambient Air Quality Standards’’ (FRL Protests of Task and Delivery Orders’’ (FAC Whereas, nine out of ten public employees No. 9436–6) received in the Office of the Presi- 2005–53) received in the Office of the Presi- affected by the GPO lose the entire spousal dent of the Senate on July 11, 2011; to the dent of the Senate on July 6, 2011; to the benefit, even though their spouses paid So- Committee on Environment and Public Committee on Homeland Security and Gov- cial Security taxes for many years; and Works. ernmental Affairs. Whereas, the GPO often reduces spousal EC–2463. A communication from the Direc- EC–2471. A communication from the Senior benefits so significantly it can make the dif- tor of the Regulatory Management Division, Procurement Executive, Office of Acquisi- ference between self-sufficiency and poverty; Office of Policy, Environmental Protection tion Policy, General Services Administra- and Agency, transmitting, pursuant to law, the tion, transmitting, pursuant to law, the re- Whereas, the GPO has a harsh effect on report of a rule entitled ‘‘Approval and Pro- port of a rule entitled ‘‘Federal Acquisition thousands of citizens and undermines the mulgation of Implementation Plans; Ala- Regulation; Encouraging Contractor Policies original purpose of Social Security survivors bama; 110(a)(1) and (2) Infrastructure Re- to Ban Text Messaging While Driving’’ (FAC benefits; and quirements for the 1997 8-hour Ozone Na- 2005–53) received in the Office of the Presi- Whereas, the GPO negatively impacts ap- tional Ambient Air Quality Standards’’ (FRL dent of the Senate on July 6, 2011; to the proximately 27,144 Louisianians; and No. 9436–3) received in the Office of the Presi- Committee on Homeland Security and Gov- Whereas, the WEP applies to those persons dent of the Senate on July 11, 2011; to the ernmental Affairs. who have earned federal, state, or local gov- Committee on Environment and Public EC–2472. A communication from the Senior ernment retirement or pension benefits, in Works. Procurement Executive, Office of Acquisi- addition to working in employment covered EC–2464. A communication from the Direc- tion Policy, General Services Administra- under Social Security and paying into the tor of the Regulatory Management Division, tion, transmitting, pursuant to law, the re- Social Security system; and Office of Policy, Environmental Protection port of a rule entitled ‘‘Federal Acquisition Whereas, the WEP reduces the earned So- Agency, transmitting, pursuant to law, the Regulation; Uniform Suspension and Debar- cial Security benefit using an averaged in- report of a rule entitled ‘‘Approval and Pro- ment Requirement’’ (FAC 2005–53) received in dexed monthly earnings formula and may re- mulgation of Implementation Plans; Ken- the Office of the President of the Senate on duce Social Security benefits for affected tucky; 110(a)(1) and (2) Infrastructure Re- July 6, 2011; to the Committee on Homeland persons by as much as one-half of the retire- quirements for the 1997 8-hour Ozone Na- Security and Governmental Affairs. ment benefit earned as a public servant in tional Ambient Air Quality Standards’’ (FRL EC–2473. A communication from the Senior employment not covered under Social Secu- No. 9436–5) received in the Office of the Presi- Procurement Executive, Office of Acquisi- rity; and

VerDate Mar 15 2010 01:31 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JY6.025 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4485 Whereas, the WEP causes hard-working in- S. 1342. An original bill to amend the Fed- benefitting children and youth-serving orga- dividuals to lose a significant portion of the eral Power Act to protect the bulk-power nizations throughout the United States and Social Security benefits that they earn system and electric infrastructure critical to recognizing efforts made by those charities themselves; and the defense of the United States against cy- and organizations on behalf of children and Whereas, the WEP negatively impacts ap- bersecurity and other threats and youth as critical contributions to the future proximately 25,322 Louisianians; and vulnerabilities (Rept. No. 112–34). of the United States; considered and agreed Whereas, because of these calculation S. 1343. An original bill to provide for the to. characteristics, the GPO and the WEP have conduct of an analysis of the impact of en- f a disproportionately negative effect on em- ergy development and production on the ployees working in lower-wage government water resources of the United States, and for ADDITIONAL COSPONSORS jobs, like policemen, firefighters, teachers, other purposes (Rept. No. 112–35). S. 17 and state employees; and f Whereas, these provisions also have a At the request of Mr. HATCH, the greater adverse effect on women than on INTRODUCTION OF BILLS AND name of the Senator from North Da- men because of the gender differences in sal- JOINT RESOLUTIONS kota (Mr. HOEVEN) was added as a co- ary that continue to plague our nation and sponsor of S. 17, a bill to repeal the job- because of the longer life expectancy of The following bills and joint resolu- killing tax on medical devices to en- women; and tions were introduced, read the first sure continued access to life-saving Whereas, Louisiana is making every effort and second times by unanimous con- medical devices for patients and main- to improve the quality of life of its citizens sent, and referred as indicated: tain the standing of United States as and to encourage them to live here lifelong, By Mr. SESSIONS (for himself, Mr. yet the current GPO and WEP provisions the world leader in medical device in- VITTER, Ms. AYOTTE, and Mr. LEE): novation. compromise that quality of life; and S. 1341. A bill to provide a point of order Whereas, retired individuals negatively af- against consideration of any measure that S. 20 fected by GPO and WEP have significantly would increase the statutory limit on the At the request of Mr. HATCH, the less money to support their basic needs and public debt above $14.294 trillion unless that name of the Senator from North Da- sometimes have to turn to government as- measure has been publicly available for a kota (Mr. HOEVEN) was added as a co- sistance programs; and full 7 calendar days before consideration on Whereas, the GPO and the WEP penalize sponsor of S. 20, a bill to protect Amer- the floor of the Senate; to the Committee on ican job creation by striking the job- individuals who have dedicated their lives to Rules and Administration. public service by eliminating benefits they By Mr. BINGAMAN: killing Federal employer mandate. have earned; and S. 1342. An original bill to amend the Fed- S. 185 Whereas, our nation should respect, not pe- eral Power Act to protect the bulk-power At the request of Ms. MIKULSKI, her nalize, public servants; and system and electric infrastructure critical to name was added as a cosponsor of S. Whereas, the number of people affected by the defense of the United States against cy- GPO and WEP is growing every day as more 185, a bill to provide United States as- bersecurity and other threats and sistance for the purpose of eradicating and more people reach retirement age; and vulnerabilities; from the Committee on En- Whereas, the GPO and WEP are established ergy and Natural Resources; placed on the severe forms of trafficking in children in federal law, and repeal of the GPO and the calendar. in eligible countries through the imple- WEP can be enacted only by the United By Mr. BINGAMAN: mentation of Child Protection Com- States Congress. Therefore be it S. 1343. An original bill to provide for the pacts, and for other purposes. Resolved, That the Legislature of Louisiana conduct of an analysis of the impact of en- does hereby memorialize the Congress of the S. 195 ergy development and production on the United States to review the Government At the request of Mr. ROCKEFELLER, water resources of the United States, and for Pension Offset and the Windfall Elimination other purposes; from the Committee on En- the name of the Senator from Cali- Provision Social Security benefit reductions ergy and Natural Resources; placed on the fornia (Mrs. BOXER) was added as a co- and to consider eliminating or reducing calendar. sponsor of S. 195, a bill to reinstate them by enacting the Social Security Fair- By Mr. KYL (for himself and Mr. Federal matching of State spending of ness Act of 2011 (H.R. 1332), the Public Serv- MCCAIN): child support incentive payments. ant Retirement Protection Act of 2011 (S. S. 1344. A bill to direct the Secretary of 113), or a similar instrument. Be it further S. 201 Agriculture to take immediate action to re- Resolved, That a copy of this Resolution At the request of Mr. BROWN of Mas- cover ecologically and economically from a shall be transmitted to the secretary of the catastrophic wildfire in the State of Arizona, sachusetts, the names of the Senator United States Senate and the clerk of the and for other purposes; to the Committee on from Delaware (Mr. CARPER) and the United States House of Representatives and Energy and Natural Resources. Senator from Delaware (Mr. COONS) to each member of the Louisiana delegation By Ms. CANTWELL (for herself and were withdrawn as cosponsors of S. 201, to the United States Congress. Mrs. MURRAY): a bill to clarify the jurisdiction of the f S. 1345. A bill to provide for equitable com- Secretary of the Interior with respect REPORTS OF COMMITTEES pensation to the Spokane Tribe of Indians of to the C.C. Cragin Dam and Reservoir, the Spokane Reservation for the use of tribal and for other purposes. The following reports of committees land for the production of hydropower by the were submitted: Grand Coulee Dam, and for other purposes; S. 227 By Mr. BINGAMAN, from the Committee to the Committee on Indian Affairs. At the request of Ms. COLLINS, the on Energy and Natural Resources, with f name of the Senator from Oregon (Mr. amendments: MERKLEY) was added as a cosponsor of S. 630. A bill to promote marine and SUBMISSION OF CONCURRENT AND S. 227, a bill to amend title XVIII of the hydrokinetic renewable energy research and SENATE RESOLUTIONS Social Security Act to ensure more development, and for other purposes (Rept. The following concurrent resolutions timely access to home health services No. 112–31). S. 699. A bill to authorize the Secretary of and Senate resolutions were read, and for Medicare beneficiaries under the Energy to carry out a program to dem- referred (or acted upon), as indicated: Medicare program. onstrate the commercial application of inte- By Mr. WHITEHOUSE (for himself, Mr. S. 387 grated systems for long-term geological stor- BLUMENTHAL, Mr. SANDERS, Mr. At the request of Mrs. BOXER, the age of carbon dioxide, and for other purposes BROWN of Ohio, Mr. MERKLEY, and name of the Senator from Missouri (Rept. No. 112–32). Mr. FRANKEN): (Mr. BLUNT) was added as a cosponsor By Mr. BINGAMAN, from the Committee S. Res. 230. A resolution expressing the on Energy and Natural Resources, with an sense of the Senate that any agreement to of S. 387, a bill to amend title 37, amendment in the nature of a substitute: reduce the budget deficit should not include United States Code, to provide flexible S. 757. A bill to provide incentives to en- cuts to Social Security benefits or Medicare spending arrangements for members of courage the development and implementa- benefits; to the Committee on Finance. uniformed services, and for other pur- tion of technology to capture carbon dioxide By Mr. BURR (for himself, Mrs. FEIN- poses. STEIN, Mr. BROWN of Ohio, Mr. from dilute sources on a significant scale S. 543 using direct air capture technologies (Rept. BEGICH, Mr. LAUTENBERG, and Mr. YDEN No. 112–33). ALEXANDER): At the request of Mr. W , the By Mr. BINGAMAN, from the Committee S. Res. 231. A resolution designating Sep- names of the Senator from Washington on Energy and Natural Resources, without tember 2011 as ‘‘National Child Awareness (Mrs. MURRAY), the Senator from Ar- amendment: Month’’ to promote awareness of charities kansas (Mr. BOOZMAN) and the Senator

VerDate Mar 15 2010 00:10 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JY6.030 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4486 CONGRESSIONAL RECORD — SENATE July 11, 2011 from Virginia (Mr. WEBB) were added (Ms. KLOBUCHAR) was added as a co- GRASSLEY) was added as a cosponsor of as cosponsors of S. 543, a bill to restrict sponsor of S. 951, a bill to improve the S. 1308, a bill to amend title 18, United any State or local jurisdiction from provision of Federal transition, reha- States Code, with respect to child por- imposing a new discriminatory tax on bilitation, vocational, and unemploy- nography and child exploitation of- cell phone services, providers, or prop- ment benefits to members of the fenses. erty. Armed Forces and veterans, and for S.J. RES. 17 S. 570 other purposes. At the request of Mr. MCCONNELL, At the request of Mr. TESTER, the S. 987 the name of the Senator from Missouri name of the Senator from Wisconsin At the request of Mr. FRANKEN, the (Mr. BLUNT) was added as a cosponsor (Mr. JOHNSON) was added as a cosponsor name of the Senator from New Jersey of S.J. Res. 17, a joint resolution ap- of S. 570, a bill to prohibit the Depart- (Mr. MENENDEZ) was added as a cospon- proving the renewal of import restric- ment of Justice from tracking and sor of S. 987, a bill to amend title 9 of tions contained in the Burmese Free- cataloguing the purchases of multiple the United States Code with respect to dom and Democracy Act of 2003. rifles and shotguns. arbitration. At the request of Mrs. FEINSTEIN, the S. 1025 S. 584 names of the Senator from Hawaii (Mr. At the request of Mr. LEAHY, the At the request of Ms. MIKULSKI, the AKAKA) and the Senator from Wash- names of the Senator from Washington name of the Senator from New York ington (Mrs. MURRAY) were added as (Mrs. MURRAY) and the Senator from (Mrs. GILLIBRAND) was added as a co- cosponsors of S.J. Res. 17, supra. Hawaii (Mr. AKAKA) were added as co- S. RES. 175 sponsor of S. 584, a bill to establish the sponsors of S. 1025, a bill to amend title At the request of Mr. BARRASSO, his Social Work Reinvestment Commission 10, United States Code, to enhance the to provide independent counsel to Con- national defense through empowerment name was added as a cosponsor of S. gress and the Secretary of Health and of the National Guard, enhancement of Res. 175, a resolution expressing the Human Services on policy issues asso- the functions of the National Guard sense of the Senate with respect to on- ciated with recruitment, retention, re- Bureau, and improvement of Federal- going violations of the territorial in- search, and reinvestment in the profes- State military coordination in domes- tegrity and sovereignty of Georgia and sion of social work, and for other pur- tic emergency response, and for other the importance of a peaceful and just poses. purposes. resolution to the conflict within Geor- gia’s internationally recognized bor- S. 598 S. 1048 ders. At the request of Mrs. FEINSTEIN, the At the request of Mr. MENENDEZ, the names of the Senator from New Mexico name of the Senator from Alaska (Ms. S. RES. 201 (Mr. BINGAMAN) and the Senator from MURKOWSKI) was added as a cosponsor At the request of Mr. BROWN of Mas- Vermont (Mr. SANDERS) were added as of S. 1048, a bill to expand sanctions sachusetts, the names of the Senator cosponsors of S. 598, a bill to repeal the imposed with respect to the Islamic from Delaware (Mr. CARPER) and the Defense of Marriage Act and ensure re- Republic of Iran, North Korea, and Senator from Delaware (Mr. COONS) spect for State regulation of marriage. Syria, and for other purposes. were added as cosponsors of S. Res. 201, S. 707 S. 1058 a resolution expressing the regret of At the request of Mr. DURBIN, the At the request of Mr. PRYOR, the the Senate for the passage of discrimi- name of the Senator from Vermont name of the Senator from South Da- natory laws against the Chinese in (Mr. SANDERS) was added as a cospon- kota (Mr. JOHNSON) was added as a co- America, including the Chinese Exclu- sor of S. 707, a bill to amend the Ani- sponsor of S. 1058, a bill to amend the sion Act. mal Welfare Act to provide further pro- Public Health Service Act to ensure S. RES. 226 tection for puppies. transparency and proper operation of At the request of Mr. GRAHAM, the S. 778 pharmacy benefit managers. names of the Senator from Utah (Mr. At the request of Mr. MORAN, the S. 1171 LEE) and the Senator from Utah (Mr. name of the Senator from North Da- At the request of Mr. SCHUMER, the HATCH) were added as cosponsors of S. kota (Mr. HOEVEN) was added as a co- name of the Senator from South Da- Res. 226, a resolution expressing the sponsor of S. 778, a bill to amend title kota (Mr. JOHNSON) was added as a co- sense of the Senate that the President XVIII of the Social Security Act with sponsor of S. 1171, a bill to amend the does not have the authority to ignore respect to physician supervision of Internal Revenue Code of 1986 to extend the statutory debt limit by ordering therapeutic hospital outpatient serv- the exclusion from gross income for the Secretary of the Treasury to con- ices. employer-provided health coverage for tinue issuing debt on the full faith and employees’ spouses and dependent chil- S. 798 credit of the United States. dren to coverage provided to other eli- At the request of Mr. TESTER, the f gible dependent beneficiaries of em- names of the Senator from West Vir- ployees. STATEMENTS ON INTRODUCED ginia (Mr. MANCHIN), the Senator from BILLS AND JOINT RESOLUTIONS S. 1223 Georgia (Mr. CHAMBLISS) and the Sen- At the request of Mr. FRANKEN, the By Mr. KYL (for himself and Mr. ator from Kansas (Mr. MORAN) were name of the Senator from Delaware MCCAIN): added as cosponsors of S. 798, a bill to (Mr. COONS) was added as a cosponsor S. 1344. A bill to direct the Secretary provide an amnesty period during of S. 1223, a bill to address voluntary of Agriculture to take immediate ac- which veterans and their family mem- location tracking of electronic commu- tion to recover ecologically and eco- bers can register certain firearms in nications devices, and for other pur- nomically from a catastrophic wildfire the National Firearms Registration poses. in the State of Arizona, and for other and Transfer Record, and for other pur- S. 1280 purposes; to the Committee on Energy poses. At the request of Mr. BARRASSO, his and Natural Resources. S. 807 name was added as a cosponsor of S. Mr. KYL. Mr. President, today I am At the request of Mr. ENZI, the names 1280, a bill to amend the Peace Corps introducing, with Senator JOHN of the Senator from Indiana (Mr. Act to require sexual assault risk-re- MCCAIN, S. 1344, which is a response to LUGAR) and the Senator from Idaho duction and response training, and the Arizona’s largest wildfire, called the (Mr. RISCH) were added as cosponsors of development of sexual assault protocol Wallow Fire. This act is the Wallow S. 807, a bill to authorize the Depart- and guidelines, the establishment of Fire Recovery and Monitoring Act. ment of Labor’s voluntary protection victims advocates, the establishment The Wallow Fire in Arizona burned, program and to expand the program to of a Sexual Assault Advisory Council, over about 40 days, 538,000 acres of Ari- include more small businesses. and for other purposes. zona land, making it the largest fire in S. 951 S. 1308 the history of our State. Just to put it At the request of Mrs. MURRAY, the At the request of Mr. HATCH, the into perspective, that is nearly 841 name of the Senator from Minnesota name of the Senator from Iowa (Mr. square miles or almost four times the

VerDate Mar 15 2010 00:10 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JY6.021 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4487 size of the city of Chicago. The fire de- review would follow the processes in amounts that average a modest $14,100 a stroyed 32 homes and 4 rental cabins. the bipartisan Healthy Forest Restora- year; Nearly 10,000 people were evacuated at tion Act. Whereas, in 2008, 23 percent of retired one point, and the fire cost the tax- The practice of postfire timber sal- workers receiving Social Security benefits vage may be controversial in part be- depended on those benefits for all or almost payers over $100 million before it was all of their income; finally extinguished. Unfortunately, it cause there is limited scientific infor- Whereas according to AARP, Social Secu- will likely cost double that amount for mation on its ecological effects. Most rity benefits kept 36 percent of seniors out of the necessary rehabilitation of the for- of the scientific literature that does poverty in 2008; ests that needs to occur now. After a exist is based on forests in the Pacific Whereas reducing Social Security benefits fire such as this, there is only a short Northwest. The forests in that part of would cause many seniors to have to choose opportunity to hasten forest rehabili- the country are very different from the between food, drugs, rent, and heat; tation, reduce risks of flooding, insect dry ponderosa pine-dominated forests Whereas 95 percent of seniors in the United epidemics, and future fires, and capture that burned in the Wallow Fire. Thus, States, who numbered almost 37,000,000 in the bill would require monitoring for 2008, got their health care coverage through at least some of the economic benefit the Medicare program; from the dead and dying trees to help all timber removal projects imple- Whereas without Medicare benefits, sen- offset and pay for those restoration mented under the act. iors, many of whom live off of Social Secu- costs. Finally, from a fiscal perspective, rity benefits, would have to turn to the cost- Given the urgent need for action, as there is never going to be enough Fed- ly and uncertain private market for health I said, I am introducing today the Ari- eral funding for the forest restoration care coverage; zona Wallow Fire Recovery and Moni- work that needs to be done to save the Whereas the Social Security program and toring Act, joined by my colleague, forest that remains. Acknowledging the Medicare program are extremely success- this reality, this bill takes the pro- ful social insurance programs that permit JOHN MCCAIN, as an original cosponsor. seniors in America to retire with dignity and This legislation would expedite the re- ceeds from the timber removal project sales and keeps them on this forest to security after a lifetime of hard work; and moval of hazard, dead, and dying trees Whereas the Social Security program and in community protection management help pay for future forest restoration the Medicare program help relieve young areas within the Wallow Fire area. The treatments. American families from worry about their removal projects carried out under the This bill strikes a responsible bal- own futures, allowing freedom of oppor- act will be completed within 18 months ance between environmental concerns tunity in America: Now, therefore, be it of enactment. The reason for this and economics after a catastrophic Resolved, That it is the sense of the Senate wildfire. I urge my colleagues to sup- that any agreement to reduce the budget def- timeline is that when it comes to tim- icit should not include cuts to Social Secu- ber harvesting of the fire-killed trees, port its swift passage. The Arizona Wallow Fire Recovery rity benefits or Medicare benefits. the costs of delay are extreme. Fire- and Monitoring Act requires a com- killed trees will lose more than 40 per- f prehensive evaluation of the forest con- cent of their value in less than 2 years. SENATE RESOLUTION 231—DESIG- ditions and hazard tree and fire-dam- Due to the intensity, the size, and NATING SEPTEMBER 2011 AS aged timber resources across the Wal- the magnitude of the fire, there is a ‘‘NATIONAL CHILD AWARENESS low Fire Area; limits the areas where tremendous amount of dead and dying MONTH’’ TO PROMOTE AWARE- dead and dying trees can be removed to trees within the Wallow Fire area. Por- NESS OF CHARITIES BENEFIT- Community Protection Management tions of the forest that have burned TING CHILDREN AND YOUTH- Areas; limits tree removal to hazard pose a risk to forest users, to commu- SERVING ORGANIZATIONS trees and trees that are already down, nities, and to private property and the THROUGHOUT THE UNITED dead, broken or severely root sprung remaining resources. These risks in- STATES AND RECOGNIZING EF- trees where mortality is highly ex- clude the hazards of falling trees, ero- pected; prohibits the construction of FORTS MADE BY THOSE CHAR- sion, flooding, reburns due to excess new, permanent roads; provides for an ITIES AND ORGANIZATIONS ON fuel loads, and insect infestation risk expedited, but thorough, environ- BEHALF OF CHILDREN AND to the remaining live trees. Under mental review of tree removal projects YOUTH AS CRITICAL CONTRIBU- these postfire conditions, timber sal- proposed in the Wallow Fire Area, in- TIONS TO THE FUTURE OF THE vage is a management tool to mitigate cluding full public participation in the UNITED STATES these risks, generate revenue and jobs, development of such projects; uses the Mr. BURR (for himself, Mrs. FEIN- and put the forest on the road to recov- processes for appeals and judical re- STEIN, Mr. BROWN of Ohio, Mr. BEGICH, ery. view established in the bipartisan Mr. LAUTENBERG, and Mr. ALEXANDER) We saw the negative consequences of Healthy Forest Restoration Act; re- submitted the following resolution; delay firsthand in Arizona after the quires monitoring of the ecological and which was considered and agreed to: Rodeo-Chediski Fire in 2002, which at economic effects of timber removal that point had been our State’s largest S. RES. 231 projects; and authorizes the use of tim- Whereas millions of children and youth in fire. Bureaucratic regulations and law- ber receipts to offset the costs of forest suits so severely delayed salvage ef- the United States represent the hopes and restoration. future of the United States; forts that by the time the projects f Whereas numerous individuals, charities were cleared to proceed, the trees had benefitting children, and youth-serving orga- lost most of their economic value. Con- SUBMITTED RESOLUTIONS nizations that work with children and youth gress should not stand by and allow collaborate to provide invaluable services to this situation to be repeated. enrich and better the lives of children and That said, we are not looking to SENATE RESOLUTION 230—EX- youth throughout the United States; eliminate environmental safeguards or PRESSING THE SENSE OF THE Whereas raising awareness of, and increas- exempt timber harvests from Federal SENATE THAT ANY AGREEMENT ing support for, organizations that provide environmental laws. This bill is nar- TO REDUCE THE BUDGET DEF- access to healthcare, social services, edu- cation, the arts, sports, and other services rowly tailored, limiting the removal of ICIT SHOULD NOT INCLUDE CUTS TO SOCIAL SECURITY BENEFITS will result in the development of character hazard, dead, and dying trees to those and the future success of the children and trees located within community pro- OR MEDICARE BENEFITS youth of the United States; tection management areas. One of Mr. WHITEHOUSE (for himself, Mr. Whereas the month of September, as the these areas includes the wildland urban BLUMENTHAL, Mr. SANDERS, Mr. BROWN school year begins, is a time when parents, interface and other areas critical to of Ohio, Mr. MERKLEY, and Mr. families, teachers, school administrators, communities. In addition, a com- FRANKEN) submitted the following res- and communities increase their focus on prehensive hazard tree and commercial olution; which was referred to the children and youth throughout the United States; timber evaluation and an environ- Committee on Finance: Whereas the month of September is a time mental assessment under the National S. RES. 230 for the people of the United States to high- Environmental Policy Act, or NEPA, Whereas over 34,000,000 retired workers light and be mindful of the needs of children are required. All appeals and judicial currently receive Social Security benefits in and youth;

VerDate Mar 15 2010 00:46 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JY6.010 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4488 CONGRESSIONAL RECORD — SENATE July 11, 2011 Whereas private corporations and busi- the elderly and other vulnerable Amer- were added by the health care reform nesses have joined with hundreds of national icans. We should not, as Americans, law. Cutting Medicare benefits is the and local charitable organizations through- balance the budget on the backs of wrong approach to balancing our budg- out the United States in support of a month- those who can least afford it. That is et, especially while Republicans con- long focus on children and youth; and Whereas designating September 2011 as why I rise to offer a resolution express- tinue fighting to protect every single ‘‘National Child Awareness Month’’ would ing the sense of the Senate that any tax break, every single loophole, every recognize that a long-term commitment to budget agreement should not include single earmark in the Tax Code en- children and youth is in the public interest, cuts to Social Security or Medicare joyed by millionaires and billionaires and will encourage widespread support for benefits. Social Security is funded and by corporations, many of whom charities and organizations that seek to pro- through the contributions of our Na- pay no taxes at all. vide a better future for the children and tion’s workers and businesses. It cur- Medicare and Social Security are youth of the United States: Now, therefore, rently has a trust fund balance over cornerstones of our Nation’s pros- be it perity, and they benefit all of us. These Resolved, That the Senate designates Sep- $2.5 trillion, and it is projected to be tember 2011 as ‘‘National Child Awareness fully solvent for another quarter cen- programs allow Americans to live their Month’’— tury. So while I agree with steps to lives free from worry about their re- (1) to promote awareness of charities bene- strengthen Social Security, it is a vital tirement security or the welfare and fitting children and youth-serving organiza- program, any changes should be consid- health treatment of their parents. This tions throughout the United States; and ered independent of this effort to re- American freedom is a value we should (2) to recognize efforts made by those char- duce the deficit, and under no cir- fight to protect. ities and organizations on behalf of children cumstances should we cut Social Secu- While we should always be open to and youth as critical contributions to the fu- rity benefits. Indeed, the solvency of improving these vital programs, we ture of the United States. the program could be extended signifi- must not cut the benefits our seniors Mr. WHITEHOUSE. Mr. President, I cantly just by applying payroll taxes and disabled Americans have earned rise to discuss the ongoing negotia- to a greater portion of the earnings of and rely upon. I wish to thank Sen- tions on the Federal budget and our millionaires and billionaires. What we ators BLUMENTHAL and SANDERS; Sen- rapidly approaching debt ceiling. I should never do is to put elderly Amer- ator SHERROD BROWN; the Presiding Of- think we all agree the situation we icans’ security at risk in the stock ficer, Senator MERKLEY; and Senator face is increasingly grave. I believe market or increase the retirement age FRANKEN for their support in cospon- every responsible person agrees that a or cut benefits through backdoor meth- soring this resolution. I hope my col- failure to act on the debt limit would ods such as lowering the cost-of-living leagues will join us in protecting the have awful repercussions and set back adjustment. promise we have made to our Nation’s our fragile and tentative economic re- As has the Presiding Officer, I have seniors through Social Security and covery. Surpassing the debt limit could heard from hundreds of folks from my Medicare. inflict a triple economic harm on our home State—Rhode Islanders who In closing, the challenge before us is struggling economy: the economic agree with me—and, particularly, I a formidable one, but I truly believe we harm of all at once pulling 40 cents of rely on seniors to whom I have listened can reach an agreement on the deficit every Federal dollar out of the econ- at community dinners and senior cen- and debt ceiling without compromising omy, the economic harm of shutting ters throughout the State who are con- the security and well-being of our sen- down every work project that depends cerned that they have already gone 2 iors. on Federal permits, contracts or regu- years without a cost-of-living adjust- I thank the Chair. latory approvals, and the economic ment when prices are going up all f harm of driving up interest rates for around them. AMENDMENTS SUBMITTED AND our constituents and for our country. Audrey from Middletown told me PROPOSED We must, therefore, act and act quick- that after her husband died, she had ly to ensure that we avoid that out- SA 527. Mr. HELLER submitted an amend- many expenses but ‘‘no income except ment intended to be proposed by him to the come. for his Social Security check which en- bill S. 1323, to express the sense of the Sen- I also believe the debt limit presents abled me to go on living—simply but ate on shared sacrifice in resolving the budg- an opportunity to make some tough de- adequately—without being a burden on et deficit; which was ordered to lie on the cisions on our unsustainable deficits. my sons and losing my dignity as table. The longer we wait to make these SA 528. Mr. PORTMAN submitted an well.’’ amendment intended to be proposed by him choices, the harder they will be. It is Ronald from Cumberland, RI, has my strong belief that any agreement to the bill S. 1323, supra; which was ordered been on Social Security for a number to lie on the table. we reach to reduce the deficits must be of years. He wrote me to say: SA 529. Mr. REID proposed an amendment based on real savings and must not be It . . . seems that it’s always the people to the bill S. 1323, supra. made at the expense of our most vul- who need the help the most who get cut from SA 530. Mr. REID proposed an amendment nerable citizens. That is why I am so the Federal Government. Why is this? No So- to amendment SA 529 proposed by Mr. REID concerned about reports that Social cial Security COLA for two years, yet prices to the bill S. 1323, supra. SA 531. Mr. REID proposed an amendment Security and Medicare benefits have for the basic needs still rise. . . . In a coun- to the bill S. 1323, supra. been raised as possible sources of def- try like the United States of America, this SA 532. Mr. REID proposed an amendment should not happen. icit reduction. Cuts to Social Security to amendment SA 531 proposed by Mr. REID and to Medicare benefits are unneces- The threat to Medicare is just as to the bill S. 1323, supra. sary, are wrong, and should not be on real. Earlier this year, House Repub- SA 533. Mr. REID proposed an amendment the table. Social Security is not the licans passed a budget that in 10 years to amendment SA 532 proposed by Mr. REID cause of the deficit, and beneficiaries would put an end to the Medicare Pro- to the amendment SA 531 proposed by Mr. REID to the bill S. 1323, supra. of Social Security should not be made gram as we know it. Estimates suggest f to shoulder the burden of deficit reduc- their proposal would end up forcing a tion. typical 65-year-old senior to pay, on av- TEXT OF AMENDMENTS A balanced deficit reduction package erage, $12,500 each year in out-of-pock- SA 527. Mr. HELLER submitted an is certainly within our grasp. I wish to et expenses, starting in 2022—more amendment intended to be proposed by commend our chairman, Senator CON- than double what a senior is estimated him to the bill S. 1323, to express the RAD, chairman of the Budget Com- to pay under the current system. In sense of the Senate on shared sacrifice mittee, for his proposal which would Rhode Island, where the average senior in resolving the budget deficit; which cut the deficit by $4 trillion over the only gets about $14,200 per year from was ordered to lie on the table; as fol- next decade. His plan would cut the Social Security, charging an average lows: deficit by more than the House Repub- $12,500 for seniors would be an exercise At the end of the bill, add the following: lican budget and would do so without in poverty creation. SEC. 2. CONGRESSIONAL BUDGET RESPONSI- cutting Social Security or Medicare The Republican budget would also BILITY. benefits. Chairman CONRAD’s blueprint throw seniors right away—in the next (a) SHORT TITLE.—This section may be would balance $2 trillion in spending year—back into the Medicare prescrip- cited as the ‘‘Congressional Budget Responsi- bility Act of 2011’’. cuts with an equal amount of tax loop- tion drug doughnut hole we have just (b) DEFINITION.—In this section, the term hole closers for wealthy individuals begun closing through the affordable ‘‘Member of Congress’’— and corporations. His budget would call care act, and it would eliminate the (1) has the meaning given under section for shared sacrifice, not just go after lifesaving preventive services that 2106 of title 5, United States Code; and

VerDate Mar 15 2010 00:46 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JY6.027 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4489 (2) does not include the Vice President. in resolving the budget deficit; which ing to conduct a business meeting to (c) TIMELY APPROVAL OF CONCURRENT RES- was ordered to lie on the table; as fol- consider the nominations of Cynthia OLUTION ON THE BUDGET.—If both Houses of lows: Chavez Lamar, Barbara Jean Ells and Congress have not approved a concurrent Debra Downing Goodman to serve as resolution on the budget as described under At the end of the bill, add the following: section 301 of the Congressional Budget and SEC. 2. INCLUSION OF APPLICATION TO INDE- Members, Board of Trustees, Institute Impoundment Control Act of 1974 (2 U.S.C. PENDENT REGULATORY AGENCIES. of American Indian and Alaska Native 632) for a fiscal year before October 1 of that (a) IN GENERAL.—Section 421(1) of the Con- Culture and Arts Development; to be fiscal year, the pay of each Member of Con- gressional Budget and Impoundment Control followed immediately by an oversight gress may not be paid for each day following Act of 1974 (2 U.S.C. 658(1)) is amended by hearing entitled ‘‘Native Women: Pro- that October 1 until the date on which both striking ‘‘, but does not include independent tecting, Shielding, and Safeguarding Houses of Congress approve a concurrent res- regulatory agencies’’. (b) EXEMPTION FOR MONETARY POLICY.—The Our Sisters, Mothers, and Daughters.’’ olution on the budget for that fiscal year. Those wishing additional information (d) NO PAY WITHOUT CONCURRENT RESOLU- Unfunded Mandates Reform Act of 1995 (2 TION ON THE BUDGET.— U.S.C. 1501 et seq.) is amended by inserting may contact the Indian Affairs Com- (1) IN GENERAL.—Notwithstanding any after section 5 the following: mittee at (202) 224–2251. other provision of law, no funds may be ap- ‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. f propriated or otherwise be made available ‘‘Nothing in title II, III, or IV shall apply from the United States Treasury for the pay to rules that concern monetary policy pro- NATIONAL CHILD AWARENESS of any Member of Congress during any period posed or implemented by the Board of Gov- MONTH determined by the Chairperson of the Com- ernors of the Federal Reserve System or the Mr. REID. Mr. President, I ask unan- mittee on the Budget of the Senate or the Federal Open Market Committee.’’. imous consent we now proceed to the Chairperson of the Committee on the Budget consideration of S. Res. 231. of the House of Representatives under sub- SA 529. Mr. REID proposed an amend- The PRESIDING OFFICER (Mr. section (e). ment to the bill S. 1323, to express the (2) NO RETROACTIVE PAY.—A Member of BLUMENTHAL). The clerk will report the sense of the Senate on shared sacrifice resolution by title. Congress may not receive pay for any period in resolving the budget deficit; as fol- determined by the Chairperson of the Com- The legislative clerk read as follows: lows: mittee on the Budget of the Senate or the A resolution (S. Res. 231) designating Sep- Chairperson of the Committee on the Budget At the end, add the following new section: tember 2011 as ‘‘National Child Awareness of the House of Representatives under sub- SEC 2. EFFECTIVE DATE. Month’’ to promote awareness of charities section (e), at any time after the end of that The provisions of this Act shall become ef- benefiting children and youth-serving orga- period. fective 3 days after enactment. nizations throughout the United States and (e) DETERMINATIONS.— recognizing efforts made by those charities (1) SENATE.— SA 530. Mr. REID proposed an amend- and organizations on behalf of children and (A) REQUEST FOR CERTIFICATIONS.—On Oc- ment to amendment SA 529 proposed youth as critical contributions to the future tober 1 of each year, the Secretary of the by Mr. REID to the bill S. 1323, to ex- of the United States. Senate shall submit a request to the Chair- There being no objection, the Senate person of the Committee on the Budget of press the sense of the Senate on shared the Senate for certification of determina- sacrifice in resolving the budget def- proceeded to consider the resolution. tions made under subparagraph (B)(i) and icit; as follows: Mr. REID. Mr. President, I ask unan- (ii). In the amendment, strike ‘‘3’’, insert ‘‘2’’. imous consent the resolution be agreed (B) DETERMINATIONS.—The Chairperson of to, the preamble be agreed to, and the the Committee on the Budget of the Senate SA 531. Mr. REID proposed an amend- motions to reconsider be laid upon the shall— ment to the bill S. 1323, to express the table. (i) on October 1 of each year, make a deter- sense of the Senate on shared sacrifice The PRESIDING OFFICER. Without mination of whether Congress is in compli- in resolving the budget deficit; as fol- objection, it is so ordered. ance with subsection (d) and whether Sen- The resolution (S. Res. 231) was ators may not be paid under that subsection; lows: and On page 2, line 10, after ‘‘deficit’’ strike all agreed to. (ii) determine the period of days following that follows and insert the following: The preamble was agreed to. each October 1 that Senators may not be ‘‘(1) should require that those earning The resolution, with its preamble, paid under subsection (d); and $1,000,000 or more per year make a more reads as follows: (iii) provide timely certification of the de- meaningful contribution to the deficit reduc- S. RES. 231 tion effort; and terminations under clauses (i) and (ii) upon Whereas millions of children and youth in (2) should not end Medicare as we know the request of the Secretary of the Senate. the United States represent the hopes and it.’’ (2) HOUSE OF REPRESENTATIVES.— future of the United States; (A) REQUEST FOR CERTIFICATIONS.—On Oc- Whereas numerous individuals, charities tober 1 of each year, the Chief Administra- SA 532. Mr. REID proposed an amend- benefitting children, and youth-serving orga- tive Officer of the House of Representatives ment to amendment SA 531 proposed nizations that work with children and youth shall submit a request to the Chairperson of by Mr. REID to the bill S. 1323, to ex- collaborate to provide invaluable services to the Committee on the Budget of the House of press the sense of the Senate on shared enrich and better the lives of children and Representatives for certification of deter- sacrifice in resolving the budget def- youth throughout the United States; minations made under subparagraph (B)(i) icit; as follows: Whereas raising awareness of, and increas- and (ii). ing support for, organizations that provide After ‘‘Medicare’’, strike all that follows (B) DETERMINATIONS.—The Chairperson of access to healthcare, social services, edu- and insert ‘‘and Medicaid as we know it.’’. the Committee on the Budget of the House of cation, the arts, sports, and other services Representatives shall— Mr. REID proposed an amend- will result in the development of character (i) on October 1 of each year, make a deter- SA 533. and the future success of the children and mination of whether Congress is in compli- ment to amendment SA 532 proposed youth of the United States; ance with subsection (d) and whether Sen- by Mr. REID to the amendment SA 531 Whereas the month of September, as the ators may not be paid under that subsection; proposed by Mr. REID to the bill S. 1323, school year begins, is a time when parents, and to express the sense of the Senate on families, teachers, school administrators, (ii) determine the period of days following shared sacrifice in resolving the budget and communities increase their focus on each October 1 that Senators may not be deficit; as follows: children and youth throughout the United paid under subsection (d); and States; Strike ‘‘we’’ and insert ‘‘all Americans’’. (iii) provide timely certification of the de- Whereas the month of September is a time terminations under clauses (i) and (ii) upon f for the people of the United States to high- the request of the Chief Administrative Offi- light and be mindful of the needs of children cer of the House of Representatives. NOTICE OF HEARING and youth; (f) EFFECTIVE DATE.—This section shall Whereas private corporations and busi- take effect on February 1, 2013. COMMITTEE ON INDIAN AFFAIRS Mr. AKAKA. Mr. President, I would nesses have joined with hundreds of national and local charitable organizations through- SA 528. Mr. PORTMAN submitted an like to announce that the Committee out the United States in support of a month- amendment intended to be proposed by on Indian Affairs will meet on Thurs- long focus on children and youth; and him to the bill S. 1323, to express the day, July 14, 2011, at 2:15 p.m. in room Whereas designating September 2011 as sense of the Senate on shared sacrifice 628 of the Dirksen Senate Office Build- ‘‘National Child Awareness Month’’ would

VerDate Mar 15 2010 01:31 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JY6.034 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4490 CONGRESSIONAL RECORD — SENATE July 11, 2011

recognize that a long-term commitment to DEPARTMENT OF ENERGY NANNETTE N. LEWIS, OF MARYLAND OLIVIER F. LINDEMANN, OF VIRGINIA children and youth is in the public interest, CHARLES DEWITT MCCONNELL, OF OHIO, TO BE AN AS- AMY E. LONG, OF VIRGINIA and will encourage widespread support for SISTANT SECRETARY OF ENERGY (FOSSIL ENERGY), BRADFORD R. LOVELACE, OF MARYLAND charities and organizations that seek to pro- VICE JAMES J. MARKOWSKY, RESIGNED. JESSICA A. LUNDBERG, OF NEW YORK SCOTT T. MACIEJEWSKI, OF VIRGINIA THE JUDICIARY vide a better future for the children and CHRISTOPH ALEXIS MARK, OF CALIFORNIA youth of the United States: Now, therefore, JOHN FRANCIS MCCABE, OF THE DISTRICT OF COLUM- DOREEN VAILLANCOURT MARONEY, OF MARYLAND be it BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR KEVIN MICHAEL MARTINDALE, OF VIRGINIA Resolved, That the Senate designates COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM PLESAH L. MAYO, OF VIRGINIA OF FIFTEEN YEARS, VICE JAMES E. BOASBERG, RE- EDISON S. MCBAYNE, OF MARYLAND September 2011 as ‘‘National Child Aware- SIGNED. SAUL MERCADO, OF NEW YORK ness Month’’— PETER ARNO KRAUTHAMER, OF THE DISTRICT OF CO- SHANNON R. MILES, OF THE DISTRICT OF COLUMBIA (1) to promote awareness of charities LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR ROGER MILLER, OF VIRGINIA COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM MICHAEL JOHN MITCHELL, OF MINNESOTA benefitting children and youth-serving orga- OF FIFTEEN YEARS, VICE JOHN HENRY BAYLY, JR., RE- MICHAEL A. MOHR, OF VIRGINIA nizations throughout the United States; and TIRED. TAUVA A. MONTAS COLON, OF VIRGINIA (2) to recognize efforts made by those DANYA ARIEL DAYSON, OF THE DISTRICT OF COLUM- AMAL MOUSSAOUI HAYNES, OF NEW YORK BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR JOSEPH J. NARUS, OF OREGON charities and organizations on behalf of chil- COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM CHARLES I. OKONKWO, OF VIRGINIA dren and youth as critical contributions to OF FIFTEEN YEARS, VICE STEPHANIE DUNCAN-PETERS, JOO WEON PARK, OF PENNSYLVANIA RETIRED. CORNELIUS A. PARKER, OF MARYLAND the future of the United States. TYLER PARTRIDGE, OF ARIZONA UNITED STATES TAX COURT f CASSANDRA J. PAYTON, OF KANSAS GREGORY M. PEARMAN, OF CALIFORNIA JOSEPH H. GALE, OF VIRGINIA, TO BE A JUDGE OF THE ANNA G. PEARSON, OF VIRGINIA ORDERS FOR TUESDAY, JULY 12, UNITED STATES TAX COURT FOR A TERM OF FIFTEEN KIMBERLY A. PEASE, OF WISCONSIN YEARS. (REAPPOINTMENT) 2011 MIGAEL SHAROD PENIX, OF NORTH CAROLINA DEPARTMENT OF STATE THAI PHAM, OF VIRGINIA Mr. REID. Mr. President, I ask unan- ROBERT MATTHEW PICKETT, OF OREGON imous consent that when the Senate MICHAEL A. HAMMER, OF THE DISTRICT OF COLUMBIA, BRANDON N. PIERCE, OF VIRGINIA A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, LISA N. PODOLNY, OF FLORIDA completes its business today, it ad- CLASS OF COUNSELOR, TO BE AN ASSISTANT SEC- JACOB M. PORTNOY, OF MASSACHUSETTS journ until 10 a.m., Tuesday, July 12; RETARY OF STATE (PUBLIC AFFAIRS), VICE PHILIP J. CAMERON E. POWELL, OF VIRGINIA CROWLEY, RESIGNED. RENEE N. POWELL, OF VIRGINIA that following the prayer and pledge, FOREIGN SERVICE CHRISTOPHER A. PULLELLA, OF VIRGINIA the Journal of proceedings be approved JUDITH A. PUZIO, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES AMANJIT RAMESH, OF VIRGINIA to date, the morning hour be deemed INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- JAMES PATRICK REIDY, OF TEXAS expired, the time for the two leaders be FICERS OF THE CLASSES STATED. ELLIOT M. REPKO, OF THE DISTRICT OF COLUMBIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN CLIFFORD K. ROBERTSON, OF MARYLAND reserved for their use later in the day; SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES GREGORY L. ROBINSON, OF VIRGINIA that following any leader remarks, the IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF THAD W. ROSS, OF IDAHO AMERICA: Senate proceed to a period of morning MARK ANTHONY SAAVEDRA, OF CALIFORNIA DEPARTMENT OF COMMERCE SCOTT SANFORD, OF WYOMING business for 1 hour, with Senators per- JOHN DAVID SARRAF, OF PENNSYLVANIA TIMOTHY C. CANNON, OF NORTH DAKOTA JOANNA SCHENKE, OF TEXAS mitted to speak for up to 10 minutes, SARAH J. COOK, OF FLORIDA EHREN SCOTT SCHIMMEL, OF RHODE ISLAND STEPHANIE LAURA SCHMID, OF PENNSYLVANIA with the time to be equally divided and DEPARTMENT OF STATE controlled between the two leaders or CURTIS L. SCHMUCKER, OF FLORIDA NISHA ABRAHAM, OF THE DISTRICT OF COLUMBIA SAOWANEE K. SHANAHAN, OF VIRGINIA their designees, with the majority con- MARC S. ABRAMSON, OF THE DISTRICT OF COLUMBIA DIVIYA SHARMA, OF MARYLAND trolling the first half and the Repub- STARYNEE ADAMS, OF THE DISTRICT OF COLUMBIA JENNIFER LYNN SIHRER, OF VIRGINIA NADIA SHAIRZAY AHMED, OF VIRGINIA JOAN L. SIMON BARTHOLOMAUS, OF WASHINGTON licans controlling the final half; that THOMAS W. ALBRECHT, OF VIRGINIA CHRISTOPHER FREDERIC SMITH, OF TEXAS following morning business, the Senate CHRISTINA N. ATKINS, OF VIRGINIA JENNIFER A. SMITH, OF VIRGINIA ROBERT A. BAL, OF VIRGINIA RACHEL E. SMITH, OF CALIFORNIA resume consideration of S. 1323, which NICOLE C. BAYER, OF CALIFORNIA SEAN ROBERT SMITH, OF CONNECTICUT is a bill to express the sense of the Sen- SHAILAJA BISTA, OF GEORGIA NICHOLAS A. STALICK, OF THE DISTRICT OF COLUMBIA SEAN BODA, OF OHIO JOIA ASHLEE STARKS, OF DELAWARE ate on shared sacrifice in resolving the TIMO BRANDSTETTER, OF VIRGINIA ADAM T. STEVENS, OF CONNECTICUT budget issue; further, I ask that the fil- COURTNEY JEAN BRASIER, OF MARYLAND JAMES R. STEWART, OF VIRGINIA JANE C. BRITTING, OF VIRGINIA LUCIJA BAJZER STRALEY, OF MINNESOTA ing deadline for all first-degree amend- HECTOR R. BROWN, OF TEXAS TRACY M. STRAUCH, OF VIRGINIA ments to S. 1323 be 12 noon; and finally, JASON BROWN, OF VIRGINIA ROBERT S. STREATOR, OF VIRGINIA ANDREW D. BURCHFIELD, OF VIRGINIA MARY MARIE STREETZEL, OF TENNESSEE that the Senate recess from 12:30 p.m. KEVIN J. BURGWINKLE, OF VIRGINIA ALEXANDER LANDE SUDEROW, OF MASSACHUSETTS until 2:15 p.m. to allow for the weekly ANDREW G. BURY III, OF VIRGINIA SARAH H. SWATZBURG, OF NEVADA BRYAN A. CARTER, OF VIRGINIA CODY WELLES SWYER, OF CALIFORNIA caucus meetings. RYAN B. CHAVEZ, OF VIRGINIA GEOFFREY BRUCE TERRIL, OF VIRGINIA The PRESIDING OFFICER. Without GRACE WOORI CHOI, OF THE DISTRICT OF COLUMBIA JEFFERSON E. THOMPSON, OF VIRGINIA ROGER VINCENT CHUANG, OF CALIFORNIA VICKI SHIHING TING, OF CALIFORNIA objection, it is so ordered. D. MARKO CIMBALJEVICH, OF INDIANA LESLIE M. TOKIWA, OF THE DISTRICT OF COLUMBIA SHOSHAUNA A. CLARK, OF COLORADO DANIEL R. TRIPP, OF INDIANA f JULIA HARTT KENTNOR CORBY, OF VIRGINIA THOMAS T. TSOUPELIS, OF VIRGINIA ELISE S. CRANE, OF COLORADO WILLIAM J. TUTTLE, OF VIRGINIA PROGRAM ANDREW A. DAEHNE, OF TEXAS JACQUELINE A. VAVRA, OF VIRGINIA ANNETTE DELANEY, OF VIRGINIA REBECCA L. WEIDNER, OF VIRGINIA Mr. REID. Mr. President, I filed clo- PHILLIP S. DEMSKE, OF VIRGINIA CHRISTOPHER A. WELCH, OF VIRGINIA ture on S. 1323, which is on the sense- JENNIFER L. DENHARD, OF FLORIDA NELSON H. WEN, OF NEW YORK KRIKOR DEURDULIAN, OF VIRGINIA ELIZABETH ANNE WEWERKA, OF FLORIDA of-the-Senate bill regarding shared sac- KIRK EDWARD DONAHOE, OF PENNSYLVANIA EMILY BUTLER WHITE, OF COLORADO rifice, and on the motion to proceed to RICHARD L. DUBOIS III, OF KANSAS TRAVIS I. WILLIAMS, OF VIRGINIA LAURA S. EDDY, OF VIRGINIA T. IAN WILSON, OF NEW YORK H.R. 2055, the Military Construction- CHRISTOPHER CHARLES ELLIS, OF OREGON ANDREW G. WINKELMAN, OF NORTH CAROLINA VA bill. It is an appropriations bill. It SHANNON ESKOW, OF THE DISTRICT OF COLUMBIA DENNIS D. WONG, OF VIRGINIA JESSICA T. FARMER, OF MAINE THOMAS WORTH, OF MARYLAND is an important bill. Unless an agree- ROXANA W. FELDMAN, OF VIRGINIA NICOLE WYKOFF, OF THE DISTRICT OF COLUMBIA ment is reached, there will be up to SHARYN C. FITZGERALD, OF VIRGINIA BRIAN SCOTT ZABIN, OF VIRGINIA ROBERT WILLIAM FOLLEY, OF WISCONSIN JOERG ZEPPENFELD, OF NORTH CAROLINA two rollcall votes Wednesday morning AMIRA A. FOUAD, OF VIRGINIA MICHELLE RENEE ZIA, OF THE DISTRICT OF COLUMBIA on these issues. EVAN M. FRITZ, OF TEXAS THE FOLLOWING-NAMED CAREER MEMBER OF THE ISAAC N. GIBBONS, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR f BRIAN A. GILLESPIE, OF TENNESSEE PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE DARROW S. GODESKI MERTON, OF NEW YORK CLASS INDICATED: ADJOURNMENT UNTIL 10 A.M. BRIAN O. GORMAN, OF THE DISTRICT OF COLUMBIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE TOMORROW MATHEW L. HAGENGRUBER, OF MONTANA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- AMY K. HANSEN, OF VIRGINIA ISTER-COUNSELOR, EFFECTIVE OCTOBER 12, 2008: Mr. REID. Mr. President, if there is MICHAEL J. HARKER, OF NEW YORK MARK JEFFREY HIPP, OF VIRGINIA EVAN J. HICKEY, OF VIRGINIA no further business to come before the KATHERINE LAN HO, OF TEXAS IN THE AIR FORCE Senate, I ask unanimous consent that YULIANA VLADIMIROVNA HOLMES, OF VIRGINIA JOHN MATTHEW HOPPER, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT it adjourn under the previous order. RICHARD DANIEL HUGHES, OF NEW YORK IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- There being no objection, the Senate, JOSANDA E. JINNETTE, OF COLORADO CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DOUGLAS MAYES JOHNSON, OF HAWAII AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION at 6:54 p.m. adjourned until Tuesday, NADINE FARID JOHNSON, OF WASHINGTON 601: July 12, 2011, at 10 a.m. NICHOLAS DANIEL JOYCE, OF VIRGINIA PHILIP R. KERN, OF WYOMING To be lieutenant general f JEFF KHURGEL, OF CALIFORNIA MARK R. LAFEIR, OF MARYLAND MAJ. GEN. CLYDE D. MOORE II NOMINATIONS ADRIAN J. LANSPEARY, OF NEW JERSEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT YALE HUGHES LAYTON, OF WYOMING IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Executive nominations received by BENJAMIN LAZARUS, OF THE DISTRICT OF COLUMBIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JUDITH K. LEPUSCHITZ, OF CALIFORNIA AND RESPONSIBILITY UNDER TITLE 10, U.S.C. SECTION the Senate: STEVE D. LEU, OF CALIFORNIA 601:

VerDate Mar 15 2010 00:44 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 9801 E:\CR\FM\A11JY6.010 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — SENATE S4491 To be lieutenant general CHUL W. KIM ANDREA N. SNITCHLER MICHAEL J. KING KRISTEN M. A. STEWART LT. GEN. JANET C. WOLFENBARGER DAVID W. LILE VALERIE S. STRANG THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY S. MEADOR JASON D. SWEET IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MARK A. MITERA SEAN A. SWIATKOWSKI CATED UNDER TITLE 10, U.S.C., SECTION 624: ROY M. MYERS ROBERT K. TAKESUYE LEE W. NELSON HATTIE M. TAPPS To be major general DARIN A. NIELSEN DANIELLE A. TAYSOM GARY G. PAYNE CHRISTOPHER M. TEPERA BRIG. GEN. LEONARD A. PATRICK CLARK E. RABE VALERIE A. TOKARZ IN THE ARMY PAUL D. RAMSEY NATHAN S. UEBELHOER CARL W. ROSENBERG TRICIA E. VANWAGNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JULIE M. ROWAN JOHN W. VINCENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED JAMES E. SCHAEFER MATTHEW J. WAUSON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND OLEN Z. SELLERS NATALIE Y. WELLS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DAVID L. SHOFFNER DOUGLAS A. WINSTANLEY JAMES E. SMITH, JR. CHAD T. ZEHMS To be lieutenant general DAVID L. SPEARS SARA B. ZIMMER MAJ. GEN. KEITH C. WALKER JACK J. STUMME THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGORY S. THOGMARTIN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE NAVY UNDER TITLE 10, U.S.C., SECTION 624: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be commander RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY RAUL L. BARRIENTOS To be lieutenant general UNDER TITLE 10, U.S.C., SECTION 624: JEFF A. BLEILE MAJ. GEN. CHARLES T. CLEVELAND To be commander TONI A. BOWDEN THOMAS P. CARROLL THE FOLLOWING ARMY NATIONAL GUARD OF THE JAMES S. BROWN CAMERON H. CONKIN UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ANTONIO C. TING CHRISTOPHER E. CRECELIUS SERVE OF THE ARMY TO THE GRADE INDICATED UNDER HEATHER J. WALTON TUANH C. HALQUIST TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER M. HARRIS To be brigadier general TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS B. HINES, JR. UNDER TITLE 10, U.S.C., SECTION 624: MOLLY A. JENKINS COL. WENDUL G. HAGLER II DAVID W. JONES IN THE NAVY To be commander REBECCA O. LEE NANCY OSBORNE CHRISTOPHER A. ALFONZO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JORGE H. PARRABETANCOURT JAY E. ALLARD IN THE UNITED STATES NAVY TO THE GRADE INDICATED ANTON PETRICH NATHANIEL B. ALMOND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MICHAEL E. RUDMANN MICHELLE G. ARNOLD RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RODNEY V. SCOTT SCOTT ASHBY STEVE L. STALLINGS To be vice admiral ALEX L. AUBIN STEPHEN J. STERLITZ KATHERINE C. AUSTIN KAREN M. STOKES VICE ADM. MICHAEL A. LEFEVER ERIN K. BALOG PETER A. VELLIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL R. BAYDARIAN WILLIAM O. WILSON, JR. IN THE UNITED STATES NAVY RESERVE TO THE GRADE GERARD M. BENECKI HAROLD S. ZALD INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT M. BETTIS JOHN C. BIERY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) MATTHEW T. BRIGGER TO THE GRADE INDICATED IN THE UNITED STATES NAVY JORGE L. BRITO UNDER TITLE 10, U.S.C., SECTION 624: CAPT. LUKE M. MCCOLLUM RICHARD C. CAMPIN To be commander IN THE ARMY WILLIAM K. CARSON JOHN B. CASON DAVID L. AGEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL R. CATHEY JEFFREY D. ALTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY SUSAN C. CLARK MARIA D. ALVAREZ NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND MICHAEL G. CLARKE GARLAND H. ANDREWS 3064: EMILY E. COLE DARRYL P. ARFSTEN To be major HUGH M. DAINER JAMES A. BALCIUS JUAN C. DAPENA ERIC H. BARNES NICHOLAS M. CRUZGARCIA KONRAD L. DAVIS AMBER D. BILES JOSEPH P. LYNN GRAY N. DAWSON RANDY K. BILLS, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN J. DEVLIN AMY L. BIRTELSMITH IN THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTOPHER B. DEWING KATHLEEN M. BLAKEY JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, LAURA N. DINNEEN BRIAN L. BOHRER U.S.C., SECTIONS 531 AND 3064: BRENDON G. DREW GARY T. BRICE MARK E. EATON ROGER L. BUNCH To be lieutenant colonel DAVID K. EPSTEIN JAMES P. BURRILL JACQUELINE EUBANY BONNIE R. CHAVEZ LUISA G. SANTIAGO ALEXANDER N. EVANS KAREN S. CORSON THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR NATHANIAL FERNANDEZ JAMES E. COWAN APPOINTMENT TO THE GRADES INDICATED IN THE JONATHAN A. FORSBERG PHILIP J. DAUERNHEIM UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, DAVID M. FURLONG NICK A. DIMASO U.S.C., SECTIONS 531 AND 3064: CURTIS W. GABALL DOUGLAS L. FAISON ROBERT J. GAINES, JR. MICHAEL E. FEESER To be lieutenant colonel CATHERINE E. HAGAN BONNIE S. S. GARBUTT TROY W. ROSS ERIC B. HARRIS GLORIA L. GARNER JONATHAN R. STABILE CHADLEY R. HUEBNER ELLIS C. GAYLES, JR. BRIAN S. KING PETER J. GUNTHER To be major DAVID J. KRAUSE KAREN R. HALL ELAINE B. KREJCI BRANDON W. HARDIN DAVID A. CORTESE KARL C. KRONMANN JEFFREY A. HAYWORTH CARLOS E. QUEZADA KEVIN M. KUHN ROBERT P. HIGGINS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK E. LAMBERT ROBERT J. HINES IN THE GRADE INDICATED IN THE REGULAR ARMY ERIN A. LARKINS ANDREW C. HOBURG UNDER TITLE 10, U.S.C., SECTION 531: MARGUERITE S. LENGKEEK KRISTIN R. HODAPP VICTOR S. LIN BRIAN D. IVESON To be major ROBIN W. LINDSAY MICHAEL S. KAVANAUGH JAMES L. ADAMS, JR. RICHARD O. LYNCH JEFFREY J. KLINGER JON M. BRYAN JAMES J. LYONS BRADLEY C. KLUEGEL GORDON E. GRANT CARTER J. MAURER SEAN M. LANDO CHARLES J. HUDSON MICHAEL P. MCDOWELL CHRISTOPHER G. LYNCH JASON J. MAIN JOEL T. MCFARLAND CHAD E. MCKENZIE ROBERT M. THELEN PETER C. MCGOWAN AARON R. MOORE TIMOTHY P. MCGRATH KEITH B. NEWTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOEL R. METZGER SCOTT W. NORTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY EDMUND A. MILDER DAVID D. PETERSON AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND JOHN R. MINARCIK JOSEPH E. PIANSAY 3064: ARASH MOHTASHAMIAN GUILLERMO PIMENTEL To be lieutenant colonel JOHN MOREE THOMAS J. PINER MICHELE P. MORRISON RANDY G. REESE MATTHEW B. AHN MARK M. MORTON ROSE E. RICE CLAUDE W. BRITTIAN DAVID L. MOULTON CHERYL C. RINGER ADDISON BURGESS JAMES J. MUCCIARONE JAMES L. RUEFF III MITCHELL A. BUTTERWORTH FRANK E. MULLENS ARLENE R. SAITZYK JOEY T. BYRD MATTHEW W. NEWMAN PAUL S. SCHIERMEIER BRIAN P. CRANE TODD J. OCHSNER DAVID L. SCHOO LOUIS A. DELTUFO MARK D. PAYSON BENJAMIN J. SCHWARTZ DAVID J. DEPPMEIER GIRARD L. POIRIER KATHARINE K. SHOBE KEVIN M. DOLL TIMOTHY M. POWELL KARLA M. SLATER WIESLAW A. DYNEK PETER PRESSMAN DONNA M. SPORRER ROBERT B. GILLETTE ROBERT L. RICCA JEFFREY D. STANCIL DAVID V. GREEN JOHN D. RICHARD MICHAEL E. STEVENS, JR. JAMES R. GRIFFIN ADAM K. SAPERSTEIN MICHAEL G. STOCKELMAN ROBERT H. HART, JR. BETTINA M. SAUTER MICHAEL L. SUNMAN THOMAS S. HELMS III ROLF K. SCHMIDT GODFREY W. TABB JOSE G. HERRERA PATRICK J. SCHUETTE TODD J. TETREAULT

VerDate Mar 15 2010 00:44 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 9801 E:\CR\FM\A11JY6.005 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE S4492 CONGRESSIONAL RECORD — SENATE July 11, 2011 CAYETANO S. THORNTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be commander ROMEO T. TIZON, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY LAURA L. V. WEGEMANN UNDER TITLE 10, U.S.C., SECTION 624: DENNIS K. ANDREWS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MAURICE A. BUFORD TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be commander CAREY H. CASH UNDER TITLE 10, U.S.C., SECTION 624: ROBERT R. CHRISTIAN DEANGELO ASHBY JON W. CONROE To be commander ROGER L. BILLINGS STEPHEN S. DUESENBERRY WILLIAM E. BOUCEK ROBERT P. ANSELM WAYNE M. HADDAD SYLVESTER BROWN, JR. VANESSA C. HOPGOOD WILLIAM N. HAMILTON AMY K. LARSON TIMOTHY A. BROWN PHILIP D. KING MICHAEL D. LAWRENCE NOEL J. CABRAL III CHARLES L. LUFF JOHN A. MILLS STUART M. DAY WILLIAM E. MIDDLETON DAVID A. NORKIN SHANE C. DIETRICH TIMOTHY R. MOORE DAVID L. ODOWD RICHARD J. DIXON, JR. DANIEL C. OWENS MARC S. ROSEN KRISTIAN M. DORAN JEFFREY S. PLUMMER KENNETH R. SHOOK ROY M. GARRISON CHARLES M. PUMPHREY VALERIE L. SMALL JONATHAN GRAY SAMUEL E. RAVELO JONATHAN T. STEPHENS TIMOTHY R. GRIFFIN ABUHENA M. SAIFULISLAM PAUL A. WALKER ALBERT L. HORNYAK ROBERT A. SPENCER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN T. JETER ROBERT J. VANCE TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL C. JOHNSON BRIAN K. WAITE WESLEY P. JOHNSON UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE KONG TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be commander SCOTT D. LOGAN UNDER TITLE 10, U.S.C., SECTION 624: ALEXANDER S. MAITRE RANDY E. ASHMAN ROBERT S. MAZZARELLA JOHANNES M. BAILEY MICHAEL C. MCCORMACK To be commander ARNEL J. BARBA JOSHUA H. MCKAY HARRIETT S. BATES ROBERTO M. ALVARADO DAVID A. MCNUTT JESSICA D. BEARD JEFFREY D. BRANCHEAU JOAQUIN J. MOLINA MARK J. BROWNFIELD JAMES E. BROWN JASON T. MORRIS CHARLES L. CATHER LENN E. CARON TROY C. MORSE WILLIAM D. COVILL JAY M. CAVNAR CHRISTOPHER R. CRERAR JAMES H. MURPHY PAUL C. CHAN LAURA D. DEATON MARK J. PEACE JAMES J. H. CHO DAVID DESANTOS LYNN J. PRIMEAUX MICHAEL D. CRAFTS VICTOR M. DIAZ DAVID L. RODDY SEAN P. DALTON BARBARA F. DITTRICH CORY D. SCHEMM LANCE M. FLOOD BRADLEE E. GOECKNER MARK SHEFFIELD MARIO M. FORTE MARSHA A. HANLY PAIGE A. SHERMAN ALEXANDER K. HUTCHISON KENNETH L. HOPKINS KADIATOU F. SIDIBE MICHAEL P. LEONARD JASON D. LAYTON TISHA D. SMITH CHAD O. LORENZANA JASON M. MCGUIRE JAMES C. STATLER JOSHUA B. MALKIN LAURA L. MCMULLEN SHANE P. STROHL THOMAS B. MCLEMORE MICHAEL P. MURRAY SHIKINA M. TELLIS RAFAEL A. MIRANDA RYAN L. NATIONS JOHNETTA C. THOMAS MICHAEL P. ODONNELL ERIC H. PALMER RONNIE D. TRAHAN, JR. STEPHEN H. PITMAN LARA A. RHODES CHRISTOPHER A. WALDRON RUSSELL C. RANG ANDREW SANDERS JAMES J. WALLS MATTHEW C. RIETHMILLER SONDRA M. SANTANA JASON C. WARNER LAURIE SCOTT APRIL SCHEUNEMANN LAGENA K. G. YARBROUGH FRANCIS J. STAVISH ANGELA Y. STANLEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOEL W. VANESSEN ELIZABETH G. VOGELROGERS TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY A. WALLACE TAMMY L. WEINZATL UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH W. YATES

VerDate Mar 15 2010 00:44 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 9801 E:\CR\FM\A11JY6.008 S11JYPT1 Wreier-Aviles on DSKG8SOYB1PROD with SENATE July 11, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1281 EXTENSIONS OF REMARKS

ENERGY AND WATER DEVELOP- ficiency’’ in its federal policy agenda, because Whereas, today LACES sponsors its 3rd MENT AND RELATED AGENCIES they know it ‘‘will contribute to this objective Annual Ride 4 Lupus Motorcycle ride to raise APPROPRIATIONS ACT, 2012 [energy independence] while generating hun- awareness and funds to assist individuals liv- dreds of thousands of new, sustainable jobs ing with lupus; and SPEECH OF here in the United States.’’ Whereas, this unique organization has given HON. MICHAEL M. HONDA Sadly, this Energy and Water Development of themselves tirelessly and unconditionally to OF CALIFORNIA Appropriations bill does not reflect these im- advocate for our citizens and their families IN THE HOUSE OF REPRESENTATIVES portant priorities. Instead, it provides only $1.3 who battle lupus; and billion for Energy Efficiency and Renewable Friday, July 8, 2011 Whereas, LACES continues to serve our Energy programs, 27 percent below the cur- county, state and country by being the sword The House in Committee of the Whole rent funding level and 59 percent below the and shield for those who live with lupus, en- House on the State of the Union had under President’s Budget Request. Funding is couraging better treatments, funding research consideration the bill (H.R. 2354) making ap- slashed for many activities: solar energy, 64 propriations for energy and water develop- and educating people about the disease to ment and related agencies for the fiscal year percent below the President’s request; fuel ef- help heal families and strengthen our resolve ending September 30, 2012, and for other pur- ficient vehicle technologies, 57 percent below to find a cure; and poses: the President’s request; building technologies, Whereas, the U.S. Representative of the Mr. HONDA. Mr. Chair, the Energy and 68 percent below the President’s request; bio- Fourth District of Georgia has set aside this Water Development Appropriations bill is yet mass and bio-refinery research and develop- day to honor and recognize LACES for their another glaring example of the flawed nature ment, 56 percent below the President’s re- outstanding service to our District; of the Republican budget. To try to meet their quest; home weatherization assistance, nearly Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- unrealistic goal of reducing the deficit solely 90 percent below the President’s request; and SON, JR. do hereby proclaim July 9, 2011 as through domestic non-defense discretionary the Advanced Research Projects Agency—En- Lupus And Community Empowering Support spending cuts, Republicans are proposing to ergy, 82 percent below the President’s re- Day in the 4th Congressional District. make crippling cuts to our national investment quest. Proclaimed, this 9th day of July, 2011. in improving energy efficiency and the devel- The unrealistic Republican budget has left f opment of renewable energy sources. us with an allocation for this bill that is too These cuts will only serve to make our Na- small for our Nation’s needs, and too small to HONORING EVA LYNN GANS tion more dependent on the coal, oil, and gas offer meaningful amendments to improve interests that own the Republican Party and these woefully inadequate funding levels. To HON. STEVEN R. ROTHMAN more dependent on importing our energy from make matters worse, Republicans have been OF NEW JERSEY insecure foreign sources. Meanwhile, our glob- so driven by ideology that they required the IN THE HOUSE OF REPRESENTATIVES chairman to include an offset in this bill for al competitors recognize that this is an area in Monday, July 11, 2011 which there are many gains to be made and emergency spending to deal with recovery they are investing heavily to develop their own from the storms and flooding along the Mis- Mr. ROTHMAN of New Jersey. Mr. Speaker, renewable resources and promote domestic sissippi River, an offset that would gut our na- I rise today to honor my dear friend, Eva Lynn economic and job growth. tional investment in High Speed Rail. This re- Gans, outgoing president of the Jewish Center Investment in clean energy is much more quirement marks yet another way in which this of Teaneck and a dedicated leader of the Jew- cost effective than continued giveaways to the Energy and Water Development bill would ish community in northern New Jersey. oil and gas industry—the Commerce Depart- take our Nation backwards, away from achiev- Throughout her tenure as president, Eva’s ment has found that clean energy generates ing a sustainable future. inspired leadership and unwavering devotion 17 jobs for every $1 million spent on it, com- We need to do better than this bill. We need has been instrumental in strengthening the pared to just 5 jobs for every $1 million we to aggressively pursue clean energy while we Jewish Center of Teaneck and moving the throw at an oil and gas industry that doesn’t still have control of the game, before it is too synagogue toward a bright future. She has need subsidies but continues to fight for sub- late and our climate has changed forever, we guided the center’s transition from what was sidies and tax breaks. are running out of oil, and we are running out an independent traditional/conservative Jewish As a representative from Silicon Valley, I of time. Silicon Valley is ready to lead, we just congregation to a fully Orthodox congregation, hear every day from the companies in and need the rest of the Nation to join us. I oppose which puts the center in a great position to around my district about how renewable en- this bill because it fails our Nation. benefit from exciting new growth in the Tea- ergy sources like solar, wind, fuel cells, and f neck community. With nearly 80 years of serv- hydrokinetic are the wave of the future. To HONORING LUPUS AND COMMU- ing the community, the Center is Teaneck’s reach their full potential, these sources must NITY EMPOWERING SUPPORT OR- first and oldest Jewish house of worship, and be enabled by basic science underlying new GANIZATION Eva is its first-ever female president. She is no energy technologies, by the development of stranger to this particular accomplishment, advanced batteries for electricity storage and having also been the first woman to serve as through improved energy efficiency across the HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. president of the Endowment Foundation of the OF GEORGIA board, through solid state lighting tech- United Jewish Appeal (UJA) Federation of IN THE HOUSE OF REPRESENTATIVES nologies, building technologies, and smarter Bergen County and its successor organization, electronic devices that know when to reduce Monday, July 11, 2011 UJA Federation of Northern New Jersey; as their energy consumption. Mr. JOHNSON of Georgia. Mr. Speaker, I well as the first female Campaign Chairman These fields are where the jobs are— submit the following proclamation. for the Bergen County Federation. Addition- WIRED magazine asked the professional net- Whereas, In 2003, Ms. Kim Schofield found- ally, Ms. Gans has served as the Women’s Di- working service LinkedIn to survey its mem- ed the Lupus And Community Empowering vision President of the United Jewish Commu- bers who have switched industries in the last Support organization better known as nities (UJC) of Bergen County. 5 years, and what it found was that the growth ‘‘LACES’’; and Eva Lynn Gans is a proven local leader, yet in Renewables and the Environment was 56.8 Whereas, LACES is an organization that she also works to strengthen the Jewish com- percent, far more than any other. The Silicon continues to serve those who live with or are munity on the national level and abroad. She Valley Leadership Group, an organization of affected by the chronic autoimmune disorder is a member of the Board of Trustees for the influential high-tech CEOs, includes ‘‘greater lupus, by empowering patients, bringing atten- Jewish Federation of North America, as well deployment of clean energy and clean tech- tion to the disease, and leading the way to as several national committees. She has trav- nology coupled with investments in energy ef- find a cure through research; and eled to Israel an impressive 26 times since

∑ 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 05:01 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.001 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1282 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2011 1970, including 14 UJA Israel missions during 21st Century.’’ The report would include the cians, civic and business leaders have all which she has worked to continue the strong data regarding the status and performance of played important roles, but none has been and vibrant relationship between Israeli and health care systems in the insular areas, and more influential but less publicly known than American Jews. Her deep personal connection determine the effectiveness of donor aid in ad- Greg Baldwin. to and involvement with the State of Israel is dressing the insular areas’ needs. Greg was a prominent Portland architect one of the many reasons Ms. Gans has been In 1997, the Office of Management and and designer who grew up in the city and a successful leader in the Jewish community. Budget (OMB) revised federal data collection went on to earn three Harvard degrees and Eva has received numerous accolades and standards to recognize the significant demo- study abroad. He came by his vision and com- distinctions from the grateful organizations graphic, historical, cultural, and ethnic dif- mitment honestly; his father was a dedicated which have been privileged to have her in- ferences that exist between Native Hawaiians public servant and a key administrator in Port- volved in their causes. These include the and other Pacific Islanders and Asian Ameri- land for years with schools, the Port Commis- Gates of Jerusalem Award from Boys Town cans. These important distinctions are not sim- sion, and later in life as the first real Commis- Jerusalem, the Woman of Valor Award and ply cultural or historical, but also encompass sioner of Transportation for the state of Or- the Award of Honor from Bergen County Israel unique health and socio-economic challenges egon. Bonds Women’s Division, the Woman of Vi- among the different populations. The standard Greg played a leadership role, striving for sion Tribute from Women’s American Organi- requires that Native Hawaiian and other Pa- excellence in design in our community with re- zation for Rehabilitation through Training cific Islander data be collected, disaggregated vitalization of our schools, creating our light (ORT) Northeastern New Jersey Region, the and reported separately from Asian American rail system, and the Portland Transit Mall. Lion of Judah Award from Israel Bonds, and data by all federal agencies no later than Jan- Greg Baldwin was sought after for projects selection as an Honoree at the United Jewish uary 1, 2003. around the country that benefited from his Community Women’s Division Spring Lunch- However, not all federal agencies are in full keen eye and grand sense of aesthetics—the eon. Additionally, Ms. Gans was the first compliance with OMB Revised Directive 15. In things that one would expect from a leading woman in Bergen County to receive the Sho- the places where limited agency data do exist, architect. far Award from the Boy Scouts of America’s they are not made publicly available or it takes Yet, his most enduring gift was an insight Jewish Community on Scouting, Bergen Coun- years to release. On a national level, the sam- into how planning and civic engagement can cil. ple size of the NHOPI population in studies coax more out of these opportunities to shape A resident of Teaneck, New Jersey, Eva and reports is not represented because of a our built environment, which in turn shapes us. Lynn Gans and her loving husband Leo have lack of data—resulting in meaningful informa- Greg was patient, thoughtful, and a good lis- raised three wonderful sons, who have en- tion and statistics being unavailable to health tener, as well as being fair and smart. He ex- riched her life with five amazing grandchildren. organizations, federal, state, territorial and celled in bringing various groups together. He Mr. Speaker, today I rise to congratulate my local agencies and policymakers. seemed able to help anyone who shared the constituent and dear friend, Eva Lynn Gans, Native Hawaiians and other Pacific Island- ultimate goal of a signature project to help un- on her successful tenure as president of the ers are ready to move forward with efforts to derstand the contributions that everyone could Jewish Center of Teaneck. I join with the improve public health in their communities. make to achieve the desired objective. grateful members of her synagogue in thank- This scientific survey would establish baseline With all his intellect and professional accom- ing her for innumerable contributions to the health information to inform health policy and plishments, he was foremost a great friend northern Jersey Jewish community and Amer- interventions so that individual and community and accomplished artist. Committed to family, ican Jewry at large. I am confident that her in- health can be properly tracked and evaluated. friends, and coworkers he was an outstanding volvement in Jewish life and leadership will Additionally, it would provide critical informa- human being. While he will be deeply missed, continue to strengthen this special community. tion for both NHOPI communities’ health care those who mourn his passing will take comfort f providers and organizations that work with knowing his many contributions will influence these communities to develop appropriate communities across America for generations INTRODUCTION OF NATIVE HAWAI- health care strategies for public health edu- to come. IAN AND OTHER PACIFIC IS- cation and resources. f LANDER HEALTH DATA ACT OF I look forward to working with my colleagues 2011 CONGRATULATING VERSAILLES in addressing this need and the larger cause RESTAURANT ON ITS 40TH ANNI- of eliminating health disparities. I would like to VERSARY HON. MADELEINE Z. BORDALLO thank Chairman DANIEL INOUYE for his leader- OF GUAM ship introducing companion legislation in the IN THE HOUSE OF REPRESENTATIVES Senate. I would also like to thank my fellow HON. ILEANA ROS-LEHTINEN OF FLORIDA Monday, July 11, 2011 cosponsors in the House for their support: Congresswoman JUDY CHU, Congressman IN THE HOUSE OF REPRESENTATIVES Ms. BORDALLO. Mr. Speaker, today I have MIKE HONDA, Congresswoman BARBARA LEE, Monday, July 11, 2011 reintroduced legislation to amend the Public Congresswoman MAZIE HIRONO, Congress- Ms. ROS-LEHTINEN. Mr. Speaker, this Health Service Act for the purposes of pro- woman COLLEEN HANABUSA, Congresswoman week a true Miami landmark celebrates its viding the resources necessary for the Depart- DONNA CHRISTENSEN, Congressman ENI 40th anniversary. ment of Health and Human Services to survey FALEOMAVAEGA, and Congressman GREGORIO Versailles restaurant has been a beloved in- the health of Native Hawaiians and other Pa- KILILI CAMACHO SABLAN. stitution in my South Florida community for cific Islanders, NHOPI. Specifically, the bill di- f decades. rects the Secretary of Health and Human Felipe Valls, Sr., opened Versailles in 1971. Services to develop and implement an ongo- IN HONOR OF GREG BALDWIN From the very beginning, Versailles has ing national strategy for evaluating the health been a family affair. status and needs of NHOPI populations living HON. EARL BLUMENAUER Early on, his son, Felipe Valls, Jr., bussed in the continental U.S., Hawaii, American OF OREGON tables and worked with maintenance crews Samoa, the CNMI, Guam, and the Freely As- IN THE HOUSE OF REPRESENTATIVES after school. sociated States. The Secretary would conduct From these humble beginnings, Versailles Monday, July 11, 2011 a health survey to determine the major regions has become a franchise with restaurants in which NHOPI people reside and include Mr. BLUMENAUER. Mr. Speaker, I am throughout Miami, Doral and even Pembroke data helpful in determining the health care proud that my hometown is often held out as Pines. needs of the respective NHOPI communities. an example of a community where livability is The secret to Versailles’ success has been In developing both the national strategy and a primary goal. For the last forty years, people its family-oriented atmosphere and its sim- survey, the Secretary would work in consulta- have been pioneering efforts to make cities plicity. tion with community groups and non-govern- work better through creative land use plan- Its menu of traditional Cuban cuisine has mental organizations to develop the best ning, zoning, transportation initiatives, public enriched the cultural palate of South Florida. methods and practices. Additionally, the legis- art and public spaces. From ropa vieja to its house-made fried lation would update the work of the 1998 Insti- There have been many who have helped plantains and yes, even its famed ‘‘cafecito,’’ tutes of Medicine report: ‘‘Pacific Partnerships shape this way of thinking and prove its effec- Versailles has become a culinary delight for its for the Health: Charting a New Course for the tiveness with results on the ground. Politi- patrons.

VerDate Mar 15 2010 05:01 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.003 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS July 11, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1283 Versailles allowed many Cuban-Americans that position for the next three and one-half to ‘‘strike $33,000,124,000 from title IX and in- to reconnect with their heritage. years. crease the Spending Reduction Account by For countless Cuban exiles, Versailles is Chief Moyer is a native of Laconia, New the same amount’’ in order to redeploy U.S. much more than a restaurant. Hampshire and has dedicated his professional armed forces out of Afghanistan by the end of It is a tangible piece of what they left behind life toward the safety and wellbeing of his 2012. Had I been present, I would have voted when they fled Castro’s gulag. home town. Chief Moyer is a graduate of the ‘‘Yes.’’ As a Cuban-American, I know the cultural Federal Bureau of Investigation’s National f and emotional link Versailles has with so Academy and is a recipient of the Congres- many members of our community. sional Law Enforcement Award for his actions HONORING KERA–TV (CHANNEL 13) Versailles is a place where the Cuban com- involving the Hells Angels during the 1998 Mo- munity can come together and discuss topics torcycle Week Rally. Among many noteworthy HON. EDDIE BERNICE JOHNSON as far ranging as politics, sports or the latest achievements, Chief Moyer is to be com- OF TEXAS gossip or ‘‘chisme.’’ mended for starting Laconia’s first Citizens Po- IN THE HOUSE OF REPRESENTATIVES But Versailles has also become a destina- lice Academy. Monday, July 11, 2011 tion for individuals from all backgrounds. I congratulate Chief Moyer on his well Its status as a cultural landmark has brought earned retirement and thank him for his out- Ms. EDDIE BERNICE JOHNSON of Texas. politicians, artists and celebrities of all stripes standing support of the community. I wish both Mr. Speaker, I rise today to honor KERA–TV to its doors. Chief Moyer and his wife Robin continued suc- and Radio, a broadcasting station in Dallas, Today the Valls family is celebrating 40 cess in their life together. Texas, for 50 years of quality programming on years of Versailles. f the air. Despite all their success, family is still the In the late 1950’s, in my home of North most important component in their lives. HONORING THE LIFE OF NADINE Texas, community leaders, educators and It is also the reason why Versailles reso- MCCAW owners of commercial television stations had a nates with so many members of my commu- vision to build a television station centered nity. HON. JEFF MILLER around educational issues. KERA Channel 13 It reflects the love and devotion the Valls OF FLORIDA went on the air in late 1960 with only a few family has for one another and their commu- IN THE HOUSE OF REPRESENTATIVES programs intended for teachers and students. nity. Since then, KERA–TV has grown and has Monday, July 11, 2011 I congratulate Felipe Valls and the entire evolved to carry a full slate of public television Valls family on this milestone. Mr. MILLER of Florida. Mr. Speaker, I rise programs and independent productions, in- f today to honor the extraordinary life of Mrs. cluding an extensive lineup of weekday pro- Nadine Driskell McCaw of Century, Florida grams committed to the intellectual and social REAFFIRMING COMMITMENT TO who passed away on July 7, 2011. Nadine development of children. NEGOTIATED SETTLEMENT OF was a tremendous public servant committed to KERA expanded its outreach and founded ISRAELI-PALESTINIAN CONFLICT helping others, and I am humbled to com- its public radio station 90.1 (KERA FM) which memorate her life. went on the air in 1974, serving Dallas, Fort SPEECH OF Born 57 years ago, Nadine is a lifelong Worth and Denton. KERA FM has a news and HON. BARBARA LEE Century resident and graduated from Century information format. The station’s own produc- OF CALIFORNIA High School in 1972. She worked at the Cen- tions include reports and specials from the IN THE HOUSE OF REPRESENTATIVES tury Branch Library, and her life’s passion was KERA news staff, Think with Krys Boyd and service to others. As a Century Town Council Anything You Ever Wanted to Know with Jeff Wednesday, July 6, 2011 Member, Nadine worked to better the lives of Whittington. Ms. LEE. Madam Speaker, I have always those in her community. She was an avid sup- A second radio station, KKXT 91.7 FM, with strongly supported Israel’s security and rights porter of the American Cancer Society’s Relay a music format, began broadcasting in late as a nation, and I continue to support a two- for Life and numerous other causes. Nadine 2009 to the greater Dallas, Fort Worth and state solution that would lead to the establish- and her husband Eddie were married for more Denton metropolitan area. This station’s pro- ment of a Palestinian state, which is essential than 39 years. gramming is also streamed online at kxt.org. to achieving peaceful reconciliation among Four years ago, Nadine was diagnosed with To celebrate its 50th anniversary, KERA–TV Israel, the Palestinians and their neighbors in invasive cancer and given six months to live will be airing vintage episodes of shows, docu- the region. Consistent with those principles, by doctors. She survived and went on to con- mentaries and concerts from its archives on yesterday I voted ‘‘present’’ on House Resolu- tinue her service as Councilwoman and active select Friday and Sunday nights through the tion 268 because it did not move the parties community member. Her smile touched all of end of 2011. forward on negotiations or toward these goals. those who had the pleasure of her company, Mr. Speaker, my community has benefitted My concern has always been to bring the par- and her service to the Town of Century will immensely from the quality programming of ties to the table so they can resolve their dif- not be forgotten. Nadine was a dedicated, KERA–TV and radio. I congratulate them on ferences. courageous, and loving person, and it is with 50 years of excellence in public broadcasting. f a heavy heart that we acknowledge her pass- f ing to be in God’s hands. PROCLAMATION FOR CHIEF MI- Mr. Speaker, on behalf of the United States INTRODUCTION OF THE PUBLIC CHAEL MOYER FOR TWENTY- Congress, I am privileged to honor the life of SAFETY SPECTRUM AND WIRE- SEVEN YEARS OF SERVICE IN Nadine McCaw. My wife Vicki and I offer our LESS INNOVATION ACT THE LACONIA POLICE DEPART- prayers for her husband, Eddie, her children, MENT Juanita Watson and Felicia Jones, eight HON. JOHN D. DINGELL grandchildren, and entire extended family. She OF MICHIGAN HON. FRANK C. GUINTA will be missed by all of us. IN THE HOUSE OF REPRESENTATIVES OF NEW HAMPSHIRE f Monday, July 11, 2011 IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION Mr. DINGELL. Mr. Speaker, along with my Monday, July 11, 2011 good friend and colleague, Congressman Mr. GUINTA. Mr. Speaker, on May 31, HON. ROSA L. DeLAURO GENE GREEN of Texas, I am introducing the 2011, Chief Michael Moyer retired from the OF CONNECTICUT Public Safety Spectrum and Wireless Innova- Laconia Police Department after twenty-seven IN THE HOUSE OF REPRESENTATIVES tion Act today to address the sensible and years of faithful service. The Chief began his long neglected needs of public safety. This Monday, July 11, 2011 career as a Special Officer on January 3, legislation builds on S. 911, Senators ROCKE- 1984 and became a full time Police Officer the Ms. DELAURO. Mr. Speaker, I was unavoid- FELLER and HUTCHISON’s outstanding bipar- following February 11. After rising through the ably detained and so I missed rollcall vote No. tisan bill, which was recently reported favor- ranks, he was appointed the Chief of Police in 502 on Representative BARBARA LEE’s amend- ably by the Senate Committee on Commerce, Laconia on November 1, 2007 and served in ment to the 2012 Defense Appropriations Act Science, and Transportation.

VerDate Mar 15 2010 05:01 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.006 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1284 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2011

Congressman GREEN’s and my bill do all the had just finished their shift and were con- Jaczko has allowed politics to influence the same things as S. 911. It allocates the D– ducting a training ride on department-issued NRC’s decisions, and in my opinion, in order Block free of charge to public safety and es- bicycles. While riding westbound on U.S. 40, to restore public confidence in the NRC, the tablishes a framework for the deployment of a at approximately 12:45 am, Will was struck Chairman should step aside. Absent that, the nationwide, interoperable, wireless broadband from behind by a vehicle, which then fled the President and Chairman Jaczko should take network for public safety. The bill also estab- scene. Although all of the officers took the note that the bill we are passing contains lishes a funding mechanism to ensure the proper safety measures, Will sadly lost his life. funding to continue with the Yucca Mountain construction, maintenance, and upgrade of This past weekend, during the 6th Annual repository and the associated licensing activi- this network. It has been nearly 10 years since Indiana Fallen Heroes Memorial Ride in Indi- ties in the NRC. REEN and I find it 9/11, and Congressman G anapolis, Hoosiers came out to honor our fall- Congress is making a statement here: con- disgraceful that public safety has neither suffi- en Police, Firefighters, Military and emergency tinuing funding of Yucca is the fiscally respon- cient spectrum nor a national interoperable first responders. Fellow Officers were in at- sible thing to do to prevent billions of dollars network to use. Our bill will remedy that and tendance to honor Will and keep his memory in future liability and to ensure that the $15 bil- help public safety better protect American alive. He will be deeply missed, but the lion already invested has not been wasted. lives. strength of his character and the courage he The one important difference between our demonstrated through his service will live on. Again, I want to express my appreciation for bill and its Senate companion is that ours Patrolman Will Phillips, husband of 7 years, Chairman FRELINGHUYSEN, Ranking Member builds in stricter conditions and requirements father of two, and U.S. Marine Corps Veteran VISCLOSKY, and the subcommittee staff for the for a voluntary incentive auction of broad- was and forever will be an All-American hero fine work they have done this year. caster spectrum. Our bill, like S. 911, seeks to whose dedication to the force, determination tackle the Nation’s growing need for wireless and selflessness continue to serve our country f spectrum, but ours makes explicit that the and inspire our hearts. Today, we salute you. Commission may conduct only one incentive HONORING DR. ELLEN C. WEAVER f auction, that broadcasters not be coerced into relinquishing spectrum, and that broadcasters ENERGY AND WATER DEVELOP- be fully compensated for costs associated with MENT AND RELATED AGENCIES HON. LYNN C. WOOLSEY repacking. Congressman GREEN and I have APPROPRIATIONS ACT, 2012 OF CALIFORNIA sought answers from the Federal Communica- tions Commission about the effects of broad SPEECH OF IN THE HOUSE OF REPRESENTATIVES incentive auction authority on broadcasters Monday, July 11, 2011 and consumers. The Commission has pro- HON. MICHAEL K. SIMPSON OF IDAHO vided us little assurance that these effects will Ms. WOOLSEY. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES not be far-reaching and negative, so Con- honor Dr. Ellen C. Weaver who passed away gressman GREEN and I feel compelled to in- Friday, July 8, 2011 May 14, 2011. Dr. Weaver was a modern-day clude more rigid protections in our bill. The House in Committee of the Whole Renaissance woman who was a world-class Mr. Speaker, this is a strong bill and one House on the State of the Union had under scientist as well as an artist, musician, envi- worthy of the entire House’s support. I would consideration the bill (H.R. 2354) making ap- ronmentalist, skier, cook, and beloved wife note that this bill has been endorsed by many propriations for energy and water develop- and mother. stakeholders, including the Communications ment and related agencies for the fiscal year Workers of America (CWA), the Public Safety ending September 30, 2012, and for other pur- Dr. Weaver received her BA in Chemistry Alliance (PSA), APCO, the National Associa- poses: from Flora Stone Mather College at Western tion of Sheriffs (NSA), and the National Asso- Mr. SIMPSON. Mr. Chair, I would like to ex- Reserve University in 1945 and worked as an ciation of Broadcasters (NAB). I urge my col- press my appreciation to the Chair and Rank- analytical chemist for the Manhattan Project leagues to join with Congressman GREEN and ing Member of the Energy and Water Devel- where she joined her physicist husband, Harry me in supporting public safety and addressing opment Subcommittee for the work they and Weaver after their marriage in 1946. After our country’s critical spectrum needs by co- the subcommittee staff have done in devel- World War II, the couple moved west to attend sponsoring the Public Safety Spectrum and oping the FY12 Energy and Water Appropria- Stanford University, where she earned her MS Wireless Innovation Act. tions bill. in Chemistry followed by a Ph.D. in genetics from U.C. Berkeley. She had a life-long career f It is impossible to make everyone happy when the fiscal reality requires reductions, but as a research plant physiologist, including a A TRIBUTE TO PATROLMAN WILL at a time when we borrow 40 cents for every collaboration with Jacques Cousteau at NASA PHILLIPS dollar we spend we need to be willing to set Ames Research Center helping to map the priorities and make difficult decisions. photosynthetic productivity of fishing areas off HON. DAN BURTON The bill before us makes responsible invest- the South American coast. OF INDIANA ments in energy research and development Joining the faculty of San Jose State Uni- IN THE HOUSE OF REPRESENTATIVES and it funds critical waterway infrastructure im- versity, Dr. Weaver taught plant physiology, Monday, July 11, 2011 provements, but it does it in a responsible and served as Director of the San Jose State Uni- Mr. BURTON of Indiana. Mr. Speaker, I rise sustainable manner. One of the lessons that versity Foundation and as Interim Executive today to salute the life of Patrolman William we all should have learned over the past sev- Vice President. Retiring from teaching in 1991, Edward (Will) Phillips III of Greenfield, Indiana eral years is that it is in nobody’s interest to she held the position for two years of Asso- who died on September 20, 2010 while serv- expand budgets at an unsustainable rate. We ciate Dean for Development for the University. ing the city of Greenfield. are now faced with the unpleasant task of She also served on the boards of many pro- Will’s life was one dedicated to duty. After trimming back the budget to remove the ex- fessional societies and tirelessly promoted the graduating from Elwood Community High cesses of the past several years so that we advancement of women in science. School in 1996, he promptly joined the United can get back to a responsible baseline. As a political liberal and dedicated environ- States Marine Corps, where he served from The Energy and Water Development Appro- mentalist with a passion for preservation of 1996–2000. Upon his return, he entered the priations Subcommittee has always worked in redwoods, Dr. Weaver was active as Chair- Indiana Law Enforcement Academy, grad- a bipartisan basis to address the energy and man of the Board for Sempervirens Fund and uating 5th out of 163 students. Will served infrastructure challenges facing our nation, was a member of the science advisory com- with the McCordsville Police Department be- and I believe that this product is better for the mittee for the Save the Redwoods League. fore joining the Greenfield Police Department, cooperative and problem-solving approach of where he served on both the Bike Patrol and both the staff and subcommittee members. It With her husband Harry and their three chil- SWAT Team, dedicating himself to the force is an honor for me to be able to serve on this dren—Lynne, Mark, and Tom—Dr. Weaver lived in Portola Valley, CA, for most of her life for the past 41⁄2 years. Will’s commitment for subcommittee, and I am pleased to be able to this community is something we can all be support this bill. before retiring to San Rafael in 2000. proud of. I would also like to speak directly to the Ad- Mr. Speaker, please join me in celebrating On September 30, 2010 Officer Phillips and ministration and NRC Chairman Gregory Dr. Ellen Weaver’s full and rich life which two other members of the bike patrol team Jaczko. I’m deeply concerned that Chairman touched countless people.

VerDate Mar 15 2010 05:01 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JY8.009 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS July 11, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1285 HONORING THE GULLETT FAMILY chance at a cash prize and recording contract. there remains no dedicated suicide prevention Javier was one of thousands who chose to au- programs to help them cope with the war-time HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. dition and he battled his way through three ad- experiences. These reservists need our help, OF GEORGIA ditional stages of competition and in the end, and I’m pleased my amendment was accept- IN THE HOUSE OF REPRESENTATIVES his unique style and renditions of Cyndi ed. Lauper’s ‘‘Time After Time,’’ Ben E. King’s Unfortunately, the good provisions in this bill Monday, July 11, 2011 ‘‘Stand by Me,’’ and Coldplay’s ‘‘Fix You’’ won are vastly outweighed by the absolute failure Mr. JOHNSON of Georgia. Mr. Speaker, I the hearts of the shows judges and the Amer- of the majority to make the Pentagon subject submit the following proclamation. ican public to become ‘‘America’s Voice.’’ to the same kind of budget reductions they are Whereas, Jim Gullett, Sr., was born in Cam- Throughout the competition, Javier said that so eagerly imposing on every other federal den, Alabama between 1850 and 1852 in slav- his inspiration was his two girls—that he was agency. ery, his life has blessed us with descendants doing it for them, so that they could have a Since the year began, we’ve heard con- that have helped to shape our nation; and better life. As they grow older, they will cer- stantly from the majority that our debt is the Whereas, the Gullett Family has produced tainly be proud of all that he has achieved. greatest threat to our national security. If they many well respected citizens and their matri- Javier has made us all proud. In fact, in Con- really believed that, they would have sup- archs and patriarchs of the family are pillars of necticut, week after week, hundreds would ported the $70 billion in cuts to the budget that strength not only for their families, but for our gather in bars, restaurants, and living rooms to I voted for during the debate on this bill. In- nation as well; and cheer him on. His dedication to his singing stead, the only true cut they supported to this Whereas, in our beloved Fourth Congres- and his commitment to the hard work it takes bloated, $650 billion defense budget is a $125 sional District of Georgia, we are honored to to succeed has inspired countless people, not million reduction in funding for military bands. have many members of the Gullett family, in- only in Connecticut, but across the country to The majority’s message is clear: we will cluding Mrs. Adrienne Clark one of our most pursue their own dreams. Today, the Stratford continue down the path of trying to balance beloved citizens in our District who resides in community will gather to welcome him home the budget on the backs of the poor, the dis- Lithonia, Georgia; and and wish him well as he enjoys this remark- abled, school children, and seniors. The Pen- Whereas, family is one of the most honored able achievement. tagon budget—which now funds a weakly jus- and cherished institutions in the world, we I am honored to stand today to extend my tified war in Libya, a continued occupation of take pride in knowing that families such as the sincere congratulations to Javier Colon, his Iraq, and a military quagmire in Afghanistan— Gullett family have set aside this time to fel- parents, Migdalea and Pablo, as well as his remains as the great sacred cow in the federal lowship with each other, honor one another wife, Maureen, and two daughters, Solana and budget. There is no greater example today of and to pass along history to each other by Amaia. I can only imagine what a special time our upside-down priorities than this budget. meeting at this year’s family reunion in this must be for them and I wish them all the This bill will provide nearly $13 billion for an Lithonia, Georgia; and best for many more years of health, happi- Afghan security force that is riddled with cor- Whereas, the U.S. Representative of the ness, and success. ruption, Taliban sympathizers, and drug traf- Fourth District of Georgia has set aside this f fickers. The bill continues to fund our pres- day to honor and recognize the Gullett family ence in Iraq—tens of thousands of American in our District; DEPARTMENT OF DEFENSE troops remain in that country, and as we’ve Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- APPROPRIATIONS ACT, 2012 seen they remain targets, with still more killed SON, JR. do hereby proclaim Friday, July 15, and wounded this year. 2011 as Gullett Family Reunion Day in the 4th SPEECH OF So much of this bill continues to be devoted Congressional District. HON. RUSH D. HOLT to spending tens of billions of dollars on weap- ons systems that were designed to meet a So- Proclaimed, this15th day of July, 2011. OF NEW JERSEY viet threat that vanished 20 years ago. This f IN THE HOUSE OF REPRESENTATIVES week, a colleague from Vermont, Mr. WELCH, HONORING JAVIER COLON, WIN- Thursday, June 23, 2011 offered an amendment to this bill that would NER OF THE FIRST SEASON OF The House in Committee of the Whole have eliminated funding for a next-generation ‘‘THE VOICE’’ House on the State of the Union had under nuclear bomber, a bomber to replace the B– consideration the bill (H.R. 2219) making ap- 2. Why in the world do we need such a plat- HON. ROSA L. DeLAURO propriations for the Department of Defense form in the first place? It was not a B–2 bomb- for the fiscal year ending September 30, 2012, OF CONNECTICUT er that killed Osama bin Laden, but a U.S. and for other purposes: IN THE HOUSE OF REPRESENTATIVES Special Operations Forces team working with Mr. HOLT. Mr. Chair, I rise in opposition to our intelligence community that eliminated the Monday, July 11, 2011 this bill. al Qaeda leader. Buying new nuclear bombers Ms. DELAURO. Mr. Speaker, it is with the I thank the majority for allowing the House would simply be a form of defense-sector cor- greatest pride that I rise today to extend my to work its will in a completely open fashion on porate welfare to protect against a threat that heartfelt congratulations to Stratford, Connecti- this bill. It was a refreshing change. I only does not exist. Yet Mr. WELCH’s amendment cut’s native son, Javier Colon, the winner of wish the outcome had been a bill that re- was defeated, and so we will continue to fund the first season of television’s ‘‘The Voice.’’ flected better the international security and the development of an airplane we don’t need. Javier has an extraordinary talent and I am economic realities we are facing today. I offered an amendment with several of my honored to join his hometown community of To be sure, there are many things in this bill colleagues that would have simply cut the rate Stratford in congratulating him on his success. that I strongly support. The 1.6 percent pay in- of increase in Pentagon spending. Instead of Those who knew Javier as he was growing crease for our troops is important and nec- allowing a $17 billion increase over last year’s up in Stratford knew that he was destined for essary. The additional $1.5 billion for Guard Pentagon budget, it would cap the increase at success. As a student at Bunnell High School, and Reserve equipment modernization is $8.5 billion without impacting military pay or he was known as a performer—acting in many badly needed. The $2.3 billion for family sup- benefits. That amendment was also de- school plays and standing out in the choir. He port and advocacy programs will help military feated—and its defeat only proved what I sus- pursued his dream as a singer-songwriter, at- families cope while their loved ones are away pected: the majority is not serious about reign- tending the Hart Music School in West Hart- and help our troops reintegrate when they ing in government spending. ford, Connecticut and playing locally—solo at come home. And the bill also includes a crit- Most of the attention this week was directed Starbucks in Bishop’s Corner and fronting ical suicide prevention amendment I offered. toward spending more for the military than we EmcQ at the Arch Street Tavern. He even My amendment would give the Defense De- even have, spending more that the rest of the self-produced an album last year. Javier took partment $20 million to initiate suicide preven- world—all together—and more than we can af- a risk when he auditioned for ‘‘The Voice’’— tion and counseling calls to help prevent these ford, even as so many people are calling for taking time off from the job he was holding to reservists from taking their own lives, as Cole- austerity measures to cut college aid, bridges support his family—but it was a risk he had to man Bean, my constituent, tragically did in and trains, environmental protection, and even take to realize his dream. September 2008. For reservists like Coleman Medicare. Yet the majority did not hesitate to In its first season ‘‘The Voice,’’ the NBC Bean of East Brunswick, New Jersey—those deny training to military chaplains for imple- vocal competition, invited talent from across in the IRR, Individual Mobilization Augment- menting the repeal of ‘‘Don’t Ask, Don’t Tell’’, the country to compete on live television for a ees, and Inactive National Guard members— or to prevent the Defense Department from

VerDate Mar 15 2010 05:01 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.013 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1286 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2011 buying more fuel efficient vehicles, or to pre- ing for two rail infrastructure projects in my the poor in the Commonwealth than anyone vent taxpayers from finding out about political district, resulting in the elimination of over else in the past four decades. ‘‘Every day of her life she lived for social contributions by defense contractors. For all of 10,000 direct jobs and an untold number that justice, and the lives she saved were untold,’’ these reasons, I am voting against this bill. could be created by private economic develop- Mayor Thomas M. Menino said. ‘‘She always f ment around the train stations. Further, recall- said that someday we will stamp out home- ing this funding would hobble a project that lessness, but until that day we have to make ENERGY AND WATER DEVELOP- will ease traffic congestion and help to im- sure everyone understands that a homeless MENT AND RELATED AGENCIES prove the air quality of my district. And this person could be one of us. She was a very APPROPRIATIONS ACT, 2012 bill, for the first time, cuts funding for a re- special person, and there’s a big hole in our gional and national priority in order to provide lives today because Kip’s not here. This na- SPEECH OF tion is going to miss Kip Tiernan because of emergency relief. It is simply unconscionable her fight for social justice.’’ HON. DENNIS A. CARDOZA to subjectively and maliciously force one com- Along with Fran Froehlich, her partner in OF CALIFORNIA munity to suffer due to natural disaster some- advocacy for more than 35 years, Ms. Tiernan founded, helped found, or was a IN THE HOUSE OF REPRESENTATIVES where else. It is simply unconscionable to make disaster relief for one region of the founding member of a number of agencies Friday, July 8, 2011 country come at the expense of a region that and panels, including Boston Health Care for the Homeless, Boston Food Bank, Commu- The House in Committee of the Whole has been struggling for years due to the eco- nity Works, Aid to Incarcerated Mothers, House on the State of the Union had under nomic downturn. It is unconscionable and be- Finex House, Food for Free, John Leary consideration the bill (H.R. 2354) making ap- cause of that, I urge my Colleagues to vote no House, My Sister’s Place, Transition House, propriations for energy and water develop- on this bill. the Greater Boston Union of the Homeless, ment and related agencies for the fiscal year f and Boston’s Emergency Shelter Commis- ending September 30, 2012, and for other pur- sion. poses: THE WORLD WILL MISS KIP The range of suffering was such that Mr. CARDOZA. Mr. Chair, I rise to strike the TIERNAN ‘‘sometimes you think there aren’t any tears last word. left,’’ Ms. Tiernan told the Globe in 1988, Mr. Chair, I rise today to object to the offset ‘‘and you find yourself sobbing.’’ HON. BARNEY FRANK Strong words were her response more often in the Energy and Water Development Appro- OF MASSACHUSETTS than tears, however. Drawn by faith to her priations Bill that rescinds all unobligated IN THE HOUSE OF REPRESENTATIVES calling, she brought unconditional love to funds for the High Speed and Intercity Pas- each encounter with the homeless, and she senger Rail program. This is funding that has Monday, July 11, 2011 didn’t hesitate to criticize the powerful if been appropriated by Congress and awarded Mr. FRANK of Massachusetts. Mr. Speaker, they backed what she believed were unfair to worthy projects. Pulling it back now would policies or tried to slide by with words of an extraordinary woman died earlier this pity. break our commitment to our state partners, month and she is mourned by a vast number The cross she wore was more than a sym- and cause costly delays for these job-creating of her closest relatives—the poor, the people bol. infrastructure projects. down on their luck, and the homeless. Kip ‘‘A rooted woman, Kip always wears that In opposing this bait-and-switch to high Tiernan had a passion for helping those most cross,’’ Globe op-ed columnist James Carroll speed rail funding for our states, I am in no in need of help that was coupled with an ex- wrote in 1996, ‘‘which marks her not for piety or for a religion of easy answers, but for way discounting the need for emergency dis- traordinary understanding of how to get things aster relief for our friends in the South and being, in her words, ’an angry daughter of done, even in the bleakest situations. She was Christ.... I find that the cross of Jesus is Midwest who have survived catastrophic flood- inspired both by her own passion for battling the radical condemnation of an unjust world. ing and tornadoes this spring. Additionally, I’ve the pain of her fellow human beings, and by You have to stay with the one crucified or consistently been a champion of deficit reduc- Dorothy Day, another extraordinary woman stand with the crucifiers.’ ’’ tion, believing firmly that we need to pay for who, like Kip Tiernan, translated her Catholic Sue Marsh, executive director of Rosie’s what we spend. faith into a daily routine of charity to the best Place, said in a statement the she was ‘‘so However, I rise today to call attention to the sorry to be saying goodbye to a good friend sense. Among those who worked closely with of mine.... She has been the fiery, feisty, absolute charade the majority is engaged in of Kip on behalf of the homeless was my mother, and beloved touchstone for the mission and requiring cuts to vital infrastructure invest- Elsie, and I take great pride that these two vision of Rosie’s Place, a compassionate ments to offset the cost of emergency spend- women, both now passed away, admired each friend to every woman in need.’’ ing. When this body appropriated funds for the other strongly, and each often told of their On behalf of housing, health care, and an victims of Hurricane Katrina, no other commu- great respect for each other. array of social justice issues, Ms. Tiernan nity was made to suffer. When this body ap- Mr. Speaker, on the Fourth of July the Bos- lobbied, fasted, marched in protest, and was arrested during sit-ins at government offices. propriated funds for the victims of the Cali- ton Globe ran an article by Bryan Marquard fornia wildfires, no other community was made In November 1990, she began a fast in Arling- that did a first-rate job of telling those who did ton Street Church and explained why in an to suffer. When this body appropriated funds not know Kip Tiernan about her, and giving op-ed essay for the Globe. for the victims of the wildfires in Arizona, no those of us who did know her and benefitted ‘‘We should atone for what we have allowed other community was made to suffer. Yet, from the warmth that she radiated for human- to happen to all poor people in this state, in today, on the floor of this House, we are being ity, a chance to remember the best of times. the name of fiscal austerity or plain mean- asked to make a choice between one suffering Mr. Speaker, in the hopes that Kip Tiernan’s spiritedness.... We have, as citizens, much to repent for, for what we have and have not community and another, for no reason at all. life will inspire others the way she herself was Mr. Chair, I’ve come to the floor of this done, to ease the suffering of our sisters and inspired by Dorothy Day, I ask that Mr. brothers who have no lobby to protect House numerous times explaining the dire Marquard’s eloquent obituary of this great them.’’ economic situation facing my constituents. The woman be printed here. Before founding Rosie’s Place in 1974, Ms. foreclosure rate in my district is almost double [From the Boston Globe, July 4, 2011] Tiernan traveled to meet with legendary Catholic activist Dorothy Day, from whose the national average; three of the top ten cities (By Bryan Marquard) in the country with the highest foreclosure life she drew inspiration and spiritual suste- Kip Tiernan, who founded Rosie’s Place, rates are in my district. My district is home to nance for the decades that lay ahead. the nation’s first shelter for homeless Beth Healy, a Globe reporter who is writ- three of the top ten communities with the high- women, and whose persistent, raspy voice ing a biography of Ms. Tiernan, said: ‘‘She est unemployment in the nation. We have echoed from the streets to the State House had this soft spot in her heart for broken some of the highest poverty rates and lowest as she advocated for the poor, died of cancer people, whether they were sick or mentally per capita income and educational levels in Saturday in her South End apartment. ill or struggling with addiction. Kip would the nation. As if that weren’t enough, the San She was 85. hug a person dying of AIDS back in the 1980s Joaquin Valley also has some of the worst air Usually clad in a canvas hat and work when everyone else was running away. She quality in the nation. In a nutshell, there is no pants, a cross and a skate key dangling from would talk to someone living on the streets a leather strap around her neck, Ms. Tiernan that no one else would talk to.’’ area in the United States that cries out for job- helped create an A-to-Z of agencies that as- Ms. Tiernan, Froehlich said, combined creating infrastructure investments more than sist the disadvantaged in Massachusetts. By compassion with ‘‘a pragmatic approach to my district. example, she also inspired so many people to solving issues, like: Hungry? Food. Home- Yet despite this incredible need, this bill pro- try to ease suffering that, directly or indi- less? Housing. And she challenged people poses to eliminate $386 million dollars of fund- rectly, she may have touched more lives of with that clarity.’’

VerDate Mar 15 2010 05:01 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.015 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS July 11, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1287 Though Ms. Tiernan asked ‘‘hard ques- Barbara, which was one of the best decisions imports require fabric that is not commercially tions, at the same time, I was always im- I have made during my 35 years in Congress. available in sub-Saharan Africa. They depend, pressed that she embraced people of all per- From the moment I took the oath of office, in other words, on use of the third-country fab- suasions because she wanted them to see what she saw,’’ Froehlich said. ‘‘And I mean Barbara served the people of my district with ric benefits. really embraced them. She would hold some- a level of selflessness, loyalty and dedication Textiles and apparel are key exports for a body’s hand while they were disagreeing to helping others that is unrivaled. You will number of AGOA countries including Lesotho, with her. She really wanted you to join her never meet a more reliable or meticulous staff- Kenya, Mauritius, and Swaziland who last year in this pursuit of justice for people who have er, or a more caring person than Barbara Don- exported $692 million of goods to us, mostly nothing.’’ nelly was. She was a perfectionist with a in apparel. Born in West Haven, Conn., Ms. Tiernan heart. As U.S. Trade Representative Kirk recog- was 6 months old when her father died and 11 Throughout her career, Barbara touched the when her mother died. Raised by her mater- nized at last month’s ‘‘AGOA Forum’’ held in nal grandmother, she learned during the lives of thousands of residents in my district. Lusaka, Zambia, ‘‘AGOA textiles and apparel Great Depression to help others. From helping constituents with Social Security have created new opportunities for investment ‘‘Her grandmother always had soup or stew or veterans benefits, to assisting with immigra- and trade that benefit businesses and con- on the stove,’’ Froehlich said, ‘‘and when tion difficulties or the adoption of a child, Bar- sumers in both the United States and Africa. people came to the house who were down on bara did it all with compassion, discretion and This sector remains an important foundation their luck, she always had bowls of soup or determination. With Barbara at the helm of my for Africa’s growing industrial base.’’ stew ready for them.’’ constituent service program, I knew that she It is critical that the AGOA third-country fab- By her teens, she was learning to fly a would not rest until our office had done every- plane and play jazz piano. She also was ex- ric provision be extended now. It’s critical for pelled from a Catholic boarding school, tell- thing possible to help people in need. businesses here in the U.S. and for jobs. Barbara was the definition of a public serv- ing the Globe she had failed math and asked Buyers and retailers work on substantial ant, giving everything to her job and never too many difficult moral questions. lead times and need stable terms and condi- asking for any credit. People like Barbara are She worked as a newspaper reporter and tions into the future. If there is uncertainty moved to Boston in 1947 to attend the Boston the unsung heroes of public service, who work about whether AGOA apparel products will be Conservatory on a scholarship, only to be ex- day and night to help others and almost never there next year, they will begin to turn away pelled for drinking. ‘‘I was raped once,’’ she see their names in the newspapers or on TV. from Africa. We cannot allow that to happen. told the Globe in 1988. ‘‘I was 19. Drunk.’’ Barbara did not seek glory or recognition for Speaking of the women she served at The second part of my bill takes another Rosie’s Place, she added: ‘‘I’ll tell you one her work, she only sought to improve the lives of others. step in welcoming the new Republic of South thing. It helps me identify with what some of Sudan to the community of nations. these women have been through.’’ Mr. Speaker, there are few people like Bar- Ms. Tiernan joined Alcoholics Anonymous, bara in this world. I feel blessed to have had On July 9—the South Sudanese took their learned from recovering street drunks how the honor of knowing her and calling her my future into their own hands and created the to stay sober, and became a successful adver- colleague. Over the years, I learned a lot from Republic of South Sudan. tising copywriter with her own agency. In Barbara’s example and it is my hope that she The democratic process that resulted in the 1968, she did some free work for priests who will inspire others to lives of public service and birth of this new country is an astonishing had invited activist Daniel Berrigan to speak achievement—honoring the results of a ref- at a church. good works. Listening to him, she later recalled, it was Mr. Speaker, Barbara was an irreplaceable erendum in which more than 4 million people, as if a voice inside her head said, ‘‘I have just friend, staffer and human being. My condo- or 97 percent of registered voters, participated passed through a door, and there is no going lences go out to her family, friends and all the with 98 percent voting for secession. back.’’ people who had the privilege of knowing her The fact that this comes at the end of the Leaving the affluence of her advertising and working with her. At this time of great sor- longest and bloodiest civil wars in Africa life, she moved into Warwick House, an row, I ask the House of Representatives to makes it all the more incredible. urban ministry center in Roxbury. Using her join me in honoring the life and memory of copywriter’s facility. with language, she be- President Obama and Secretary Clinton came one of Boston’s most quotable advo- Barbara Donnelly. have already signaled U.S. support for the cates for the poor, coining phrases such as f new Republic of South Sudan. ‘‘from the Great Society to the Grate Soci- We need to make sure we do all we can to ety.’’ A BILL TO AMEND THE AFRICAN GROWTH AND OPPORTUNITY ACT help South Sudan be successful. We should A service will be announced for Ms. act expeditiously, which is why I am intro- Tiernan, whose longtime companion of dec- ducing this bill on the first legislative day after ades, Edith Nicholson, died in the 1990s. HON. JIM McDERMOTT Ms. Tiernan helped raise Nicholson’s three the creation of this new nation. OF WASHINGTON children and leaves one of those children, I strongly urge all of my colleagues to sup- Peg Wright of Saugerties, N.Y.; seven grand- IN THE HOUSE OF REPRESENTATIVES port it. children; and three great-grandchildren. For Monday, July 11, 2011 the past 15 years, Ms. Tiernan and Donna f Pomponio have been a couple. They married Mr. MCDERMOTT. Mr. Speaker, today I am in 2004. introducing legislation that would update one ENERGY AND WATER DEVELOP- ‘‘The tragedies in the world continued to of our most important preference programs— MENT AND RELATED AGENCIES propel her to fix things and make them bet- the African Growth and Opportunity Act APPROPRIATIONS ACT, 2012 ter,’’ Pomponio said of Ms. Tiernan. ‘‘She (AGOA). This bill addresses two important knew that as human beings, we could do bet- issues. SPEECH OF ter for each other. There was a support and First, it extends the ‘‘third-country fabric’’ strength that came from that woman, and having her by your side and in your life, you provision of AGOA for three years, which is HON. JUDY BIGGERT knew that you could do it, too.’’ due to expire in September 2012. This will OF ILLINOIS align the third-country fabric provision with the f IN THE HOUSE OF REPRESENTATIVES rest of the AGOA program which expires in HONORING THE LIFE AND 2015. Of course we are working on an im- Friday, July 8, 2011 MEMORY OF BARBARA DONNELLY provement and extension of the AGOA pro- The House in Committee of the Whole gram beyond 2015 right now. House on the State of the Union had under HON. DALE E. KILDEE The ‘‘third-country fabric’’ provision is one of consideration the bill (H.R. 2354) making ap- OF MICHIGAN AGOA’s most important elements. It allows propriations for energy and water develop- ment and related agencies for the fiscal year IN THE HOUSE OF REPRESENTATIVES apparel producers in lesser-developed sub-Sa- haran African countries to use third-country ending September 30, 2012, and for other pur- Monday, July 11, 2011 fabric in making apparel that gets duty-free poses: Mr. KILDEE. Mr Speaker, I rise today to treatment under AGOA (subject to a quantity Mrs. BIGGERT. Mr. Chair, I submit the fol- honor the life and memory of my longtime limit). lowing letter in support of funding for the De- friend and staff member, Barbara Donnelly. In 2010, textiles and apparel were one of partment of Energy’s Office of Science in H.R. Mr. Speaker, the first person I hired for my the leading AGOA import categories—$730 2354, Energy and Water Development Appro- office when I was elected back in 1976 was million in trade last year alone. Much of these priations Act of 2012.

VerDate Mar 15 2010 05:01 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JY8.016 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1288 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2011

CONGRESS OF THE UNITED STATES, The DOE Office of Science also supports a John C. Carney, Jr., Barney Frank Washington, DC, May 13, 2011. first-rate workforce of research scientists, (MA), Michael Capuano, Russ Carna- Hon. RODNEY FRELINGHUYSEN, engineers, and support personnel who work han, John Garamendi, Grace Napoli- Chairman, Energy and Water Development Ap- as teams on long-term solutions to some of tano, Alcee Hastings, Barbara Lee, Ron propriations Subcommittee, House Appro- the nation’s greatest challenges and who are Kind, Donna Christensen, Lloyd Dog- priations Committee, Washington, DC. ready to tackle pressing problems at a mo- gett, Tim Bishop, George Miller, Hon. PETER VISCLOSKY, ment’s notice. Moreover, it plays a unique Tammy Baldwin, Steve Israel, Bob Fil- Ranking Member, Energy and Water Develop- and critical role in the education of the next ner, David Wu, Jerry McNerney, Chris ment Appropriations Subcommittee, House generation of American scientific talent, in- Van Hollen, John Dingell, Stephen Appropriations Committee, Washington, DC. cluding thousands of graduate students and Lynch, Hansen Clarke, Zoe Lofgren, DEAR CHAIRMAN FRELINGHUYSEN AND RANK- postdoctoral researchers at hundreds of U.S. Jason Altmire, Sander Levin, Laura ING MEMBER VISCLOSKY: As you begin work institutions who depend upon DOE Office of Richardson, Marcia Fudge, Henry Wax- on the Fiscal Year 2012 Energy and Water Science support and facilities for their re- man, Robert Dold, Doc Hastings, Theo- Appropriations bill, we write to express our search and training. dore Deutch, David Price, Jared Polis, strong support for robust and sustained fund- This collection of research, facilities and Louise McIntosh Slaughter, Roscoe ing for the Department of Energy (DOE) Of- scientific talent has enabled the DOE Office Bartlett, Silvestre Reyes, Danny Davis, fice of Science, and the critical research, of Science to contribute greatly to our qual- Paul Tonko, John Yarmuth, Mike unique scientific facilities, and expert per- ity of life, our health, and our security. The Quigley, John J. Duncan, Jr. (TN), sonnel that it supports. DOE Office of Science has been integral to Judy Chu. We recognize the fragile state of the na- the development of several innovative tech- tion’s economy, and support efforts to reduce nologies, including MRI machines and PET f the deficit and create jobs. But to do so, we scans, new composite materials for military must set priorities and make smart, stra- hardware and motor vehicles, medical and HONORING THE CITY OF TACOMA tegic decisions about federal funding. We be- industrial isotopes, drop-in biofuel tech- lieve that scientific research is the founda- nologies, DNA sequencing technologies, HON. NORMAN D. DICKS tion for the innovative solutions that will more aerodynamic and fuel efficient long- enable us to overcome many of our greatest haul trucks, electric vehicle battery tech- OF WASHINGTON challenges—from economic stagnation and nology, an artificial retina, newer and safer IN THE HOUSE OF REPRESENTATIVES dependence on foreign energy to curing dis- nuclear reactor designs, 3–D models of patho- Monday, July 11, 2011 eases and addressing threats to our national gens for vaccine development, tools to manu- security. That is why we believe funding for facture nanomaterials, and better sensors Mr. DICKS. Mr. Speaker, I rise to commend the DOE Office of Science must be a priority and detectors for biological, chemical, and the City of Tacoma for ensuring that sustain- in fiscal year 2012. radioactive materials. able policies and business practices are con- As the nation’s primary sponsor of re- By prioritizing funding for DOE scientific sidered in utility operations and all depart- search in the physical sciences, the DOE Of- research—thereby supporting both the mental decisions. I was gratified to see that fice of Science has built—and maintains—a human and physical capital—Congress will unique collection of large-scale, cutting- preserve our capacity to innovate, reduce the City of Tacoma has partnered with the In- edge, one-of-a-kind user facilities relied upon our dependence on foreign sources of energy, stitute for Environmental Research and Edu- by approximately 25,000 researchers annu- enhance our competitive edge in the global cation and local businesses to become a ally. Nearly half of these users are univer- economy, improve our quality of life, ensure ‘‘Life-Cycle City’’—making a formal commit- sity faculty and students. Others come from our national security, and create good Amer- ment to evaluate the life cycle environmental U.S. industry and many are conducting re- ican jobs well into the future. For these rea- impacts of goods and services. Those environ- search for other key federal science agencies, sons, we urge you to make strong and sus- mental costs added up over time are signifi- such as the National Institutes of Health tained funding for the DOE Office of Science cant to our constituents and I commend Taco- (NIH) and the National Science Foundation one of your highest priorities in fiscal year (NSF). Without these critical facilities, 2012. ma’s efforts to ensure that we are making the thousands of users would be forced to move Sincerely, best possible investments with taxpayer dol- their job-creating research activities over- Judy Biggert, Rush Holt, Randy lars while being responsible stewards of our seas, or terminate their research altogether. Hultgren, Anna Eshoo, Daniel Lipinski, environment.

VerDate Mar 15 2010 05:13 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JY8.019 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS July 11, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1289 SENATE COMMITTEE MEETINGS building on seventeen years of accom- 2007, S. 27, to prohibit brand name drug plishments. companies from compensating generic Title IV of Senate Resolution 4, SD–226 drug companies to delay the entry of a agreed to by the Senate on February 4, 2:30 p.m. generic drug into the market, S. 1228, 1977, calls for establishment of a sys- Judiciary to prohibit trafficking in counterfeit tem for a computerized schedule of all To hold hearings to examine the nomina- military goods or services, and the meetings and hearings of Senate com- tions of Morgan Christen, of Alaska, to nominations of Steve Six, of Kansas, to be United States Circuit Judge for the be United States Circuit Judge for the mittees, subcommittees, joint commit- Ninth Circuit, Scott Wesley Skavdahl, Tenth Circuit, Stephen A. Higginson, tees, and committees of conference. to be United States District Judge for of Louisiana, to be United States Cir- This title requires all such committees the District of Wyoming, Sharon L. cuit Judge for the Fifth Circuit, Jane to notify the Office of the Senate Daily Gleason, to be United States District Margaret Triche-Milazzo, to be United Digest—designated by the Rules Com- Judge for the District of Alaska, Yvonne Gonzalez Rogers, to be United States District Judge for the Eastern mittee—of the time, place, and purpose District of Louisiana, Alison J. Na- of the meetings, when scheduled, and States District Judge for the Northern District of California, and Richard G. than, and Katherine B. Forrest, both to any cancellations or changes in the Andrews, to be United States District be United States District Judge for the meetings as they occur. Judge for the District of Delaware. Southern District of New York, Susan As an additional procedure along SD–226 Owens Hickey, to be United States Dis- with the computerization of this infor- Armed Services trict Judge for the Western District of mation, the Office of the Senate Daily SeaPower Subcommittee Arkansas, Christopher Droney, of Con- Digest will prepare this information for To hold hearings to examine the required necticut, to be United States Circuit force level of strategic airlift aircraft Judge for the Second Circuit, Robert printing in the Extensions of Remarks mandated by title 10, United States David Mariani, to be United States Dis- section of the CONGRESSIONAL RECORD Code, and the administration’s request trict Judge for the Middle District of on Monday and Wednesday of each to eliminate that requirement in re- Pennsylvania, Cathy Bissoon, and week. view of the Defense Authorization Re- Mark Raymond Hornak, both to be Meetings scheduled for Tuesday, July quest and the Future Years Defense United States District Judge for the Program. 12, 2011 may be found in the Daily Di- Western District of Pennsylvania, Rob- SR–232A ert N. Scola, Jr., to be United States gest of today’s RECORD. 3 p.m. District Judge for the Southern Dis- Foreign Relations trict of Florida, and David V. Brewer, MEETINGS SCHEDULED To hold hearings to examine the nomina- JULY 13 tions of Paul D. Wohlers, of Wash- of Oregon, to be a Member of the Board of Directors of the State Justice Insti- 9 a.m. ington, to be Ambassador to the Repub- tute. Finance lic of Macedonia, William H. Moser, of SD–226 To hold joint hearings with the House North Carolina, to be Ambassador to Commerce, Science, and Transportation Committee on Ways and Means to ex- the Republic of Moldova, John A. amine tax reform and the tax treat- Heffern, of Missouri, to be Ambassador Science and Space Subcommittee ment of debt and equity. to the Republic of Armenia, Thomas M. To hold hearings to examine the Na- HVC–210 Countryman, of Washington, to be As- tional Nanotechnology Investment, fo- 10 a.m. sistant Secretary for International Se- cusing on manufacturing, commer- Commerce, Science, and Transportation curity and Non-Proliferation, Jeffrey cialization, and job creation. To hold hearings to examine unauthor- DeLaurentis, of New York, to be Alter- SR–253 ized charges on telephone bills, focus- nate Representative for Special Polit- Veterans’ Affairs ing on why crammers win and con- ical Affairs in the United Nations, with To hold hearings to examine Veterans’ sumers lose. the rank of Ambassador, and to be an Affairs mental health care, focusing on SR–253 Alternate Representative to the Ses- closing the gaps. Environment and Public Works sions of the General Assembly of the SR–418 Business meeting to consider S. 538, to United Nations, during his tenure of 2:15 p.m. amend the Neotropical Migratory Bird service as Alternate Representative for Indian Affairs Special Political Affairs in the United Conservation Act to reauthorize the Business meeting to consider the nomi- Nations, all of the Department of Act, S. 899, to provide fo the eradi- nations of Cynthia Chavez Lamar, of State. cation and control of nutria, S. 861, to New Mexico, Barbara Jeanne Ells, of SD–419 restore the natural resources, eco- Colorado, and Deborah Downing Good- systems, fisheries, marine habitats, man, of Oklahoma, all to be a Member and coastal wetland of Gulf Coast JULY 14 of the Board of Trustees of the Insti- States, to create jobs and revive the 10 a.m. tute of American Indian and Alaska economic health of communities ad- Agriculture, Nutrition, and Forestry versely affected by the explosion on, To hold hearings to examine growing Native Culture and Arts Development; and sinking of, the mobile offshore jobs in rural America. to be immediately followed by an over- drilling unit Deepwater Horizon, S. 846, SD–G50 sight hearing to examine native to designate the United States court- Banking, Housing, and Urban Affairs women. house located at 80 Lafayette Street in To hold hearings to examine the semi- SD–628 Jefferson City, Missouri, as the Chris- annual Monetary Policy Report to Con- 2:30 p.m. topher S. Bond United States Court- gress. Foreign Relations house, S. 1302, to authorize the Admin- SD–538 To hold hearings to examine Sudan, fo- istrator of General Services to convey Energy and Natural Resources cusing on a roadmap forward. a parcel of real property in Tracy, Cali- Business meeting to consider pending SD–419 fornia, to the City of Tracy, S. 1313, to calendar business. Intelligence amend the Federal Water Pollution SD–366 To hold closed hearings to examine cer- Control Act to reauthorize the Na- Appropriations tain intelligence matters. tional Estuary Program, a proposed Energy and Water Development Sub- SH–219 resolution in the Corps Study, and a committee proposed resolution relating to the To hold hearings to examine the safety JULY 15 General Services Administration. and economics of light water small 10 a.m. SD–406 modular reactors. Homeland Security and Governmental Af- SD–192 Commission on Security and Cooperation fairs Health, Education, Labor, and Pensions in Europe To hold hearings to examine ten years To hold hearings to examine learning To hold hearings to examine internet after 9/11, focusing on preventing ter- from what works for employment for freedom in the Organization for Secu- rorist travel. persons with disabilities. rity and Co-operation in Europe SD–342 SD–430 (OSCE) region, focusing on current Judiciary Judiciary trends in internet governance. To hold hearings to examine the ‘‘Vio- Business meeting to consider S. 1231, to 210, Cannon Building lence Against Women Act’’, focusing on reauthorize the Second Chance Act of

VerDate Mar 15 2010 05:13 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M11JY8.000 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1290 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2011 JULY 19 Health, Education, Labor, and Pensions JULY 27 2:30 p.m. Business meeting to consider S. 958, to 2 p.m. Homeland Security and Governmental Af- amend the Public Health Service Act Armed Services to reauthorize the program of pay- fairs Readiness and Management Support Sub- ments to children’s hospitals that oper- Disaster Recovery and Intergovernmental committee ate graduate medical education pro- Affairs Subcommittee grams, S. 1094, to reauthorize the Com- To hold hearings to examine financial To hold hearings to examine 2011 spring bating Autism Act of 2006 (Public Law management and business trans- storms, focusing on picking up the 109–416), an original bill entitled, formation at the Department of De- pieces and building back stronger. ‘‘Workforce Investment Act Reauthor- fense. SD–342 ization of 2011’’, and any pending nomi- SR–232A nations. JULY 20 SD–430 JULY 28 10 a.m. 2:15 p.m. Foreign Relations JULY 21 Indian Affairs To hold hearings to examine the nomina- 2:15 p.m. To hold an oversight hearing to examine tions of Earl Anthony Wayne, of Mary- Indian Affairs enforcing the ‘‘Indian Gaming Regu- land, to be Ambassador to Mexico, and To hold an oversight hearing to examine latory Act’’, focusing on the role of the Arnold A. Chacon, of Virginia, to be floods and fires, focusing on emergency National Indian Gaming Commission Ambassador to the Republic of Guate- preparedness for natural disasters in and tribes as regulators. mala, both of the Department of State. the native communities. SD–628 SD–419 SD–628

VerDate Mar 15 2010 05:01 Jul 12, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M11JY8.000 E11JYPT1 pwalker on DSK5TPTVN1PROD with REMARKS Monday, July 11, 2011 Daily Digest Senate sacrifice in resolving the budget deficit, taking ac- Chamber Action tion on the following amendments proposed thereto: Routine Proceedings, pages S4461–S4492 Pages S4461–78 Measures Introduced: Five bills and two resolu- Pending: tions were introduced, as follows: S. 1341–1345, and Reid Amendment No. 529, to change the enact- S. Res. 230–231. Page S4485 ment date. Page S4477 Measures Reported: Reid Amendment No. 530 (to Amendment No. S. 630, to promote marine and hydrokinetic re- 529), of a perfecting nature. Pages S4477–78 newable energy research and development, with Reid motion to commit the bill to the Committee amendments. (S. Rept. No. 112–31) on Finance, with instructions, Reid Amendment No. S. 699, to authorize the Secretary of Energy to 531, of a perfecting nature. Page S4478 carry out a program to demonstrate the commercial Reid Amendment No. 532 (to the instructions application of integrated systems for long-term geo- (Amendment No. 531) of the motion to commit), of logical storage of carbon dioxide, with amendments. a perfecting nature. Page S4478 (S. Rept. No. 112–32) Reid Amendment No. 533 (to Amendment No. S. 757, to provide incentives to encourage the de- 532), of a perfecting nature. Page S4478 velopment and implementation of technology to cap- A motion was entered to close further debate on ture carbon dioxide from dilute sources on a signifi- the bill, and, in accordance with the provisions of cant scale using direct air capture technologies, with Rule XXII of the Standing Rules of the Senate, a an amendment in the nature of a substitute. (S. vote on cloture will occur on Wednesday, July 13, Rept. No. 112–33) 2011. Page S4478 S. 1342, to amend the Federal Power Act to pro- During consideration of this measure today, Senate tect the bulk-power system and electric infrastruc- also took the following action: ture critical to the defense of the United States By 69 yeas to 27 nays (Vote No. 107), Senate against cybersecurity and other threats and agreed to the motion to proceed to consideration of vulnerabilities. (S. Rept. No. 112–34) the bill. Page S4477 S. 1343, to provide for the conduct of an analysis A unanimous-consent agreement was reached pro- of the impact of energy development and production viding for further consideration of the bill at ap- on the water resources of the United States. (S. Rept. proximately 11 a.m., on Tuesday, July 12, 2011; No. 112–35) Page S4485 provided further, that the filing deadline for all first- Measures Passed: degree amendments to the bill be at 12 p.m., on Tuesday, July 12, 2011. Page S4490 National Child Awareness Month: Senate agreed to S. Res. 231, designating September 2011 as ‘‘Na- Military Construction and Veterans Affairs, and tional Child Awareness Month’’ to promote aware- Related Agencies Appropriations Act—Cloture: ness of charities benefitting children and youth-serv- Senate began consideration of the motion to proceed ing organizations throughout the United States and to consideration of H.R. 2055, making appropria- recognizing efforts made by those charities and orga- tions for military construction, the Department of nizations on behalf of children and youth as critical Veterans Affairs, and related agencies for the fiscal contributions to the future of the United States. year ending September 30, 2012. Page S4478 Pages S4489–90 A motion was entered to close further debate on the motion to proceed to consideration of the bill, Measures Considered: and, in accordance with the provisions of Rule XXII Sense of the Senate Regarding the Budget Def- of the Standing Rules of the Senate, a vote on clo- icit—Cloture: Senate began consideration of S. ture will occur upon disposition of S. 1323, Sense of 1323, to express the sense of the Senate on shared the Senate Regarding the Budget Deficit. Page S4478 D755

VerDate Mar 15 2010 00:37 Apr 25, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\JULY\D11JY1.REC D11JY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D756 CONGRESSIONAL RECORD — DAILY DIGEST July 11, 2011

Subsequently, the motion to proceed was with- Messages from the House: Page S4482 drawn. Page S4478 Measures Referred: Pages S4482–83 Nominations Received: Senate received the fol- Measures Placed on the Calendar: Pages S4461, lowing nominations: S4483 Charles DeWitt McConnell, of Ohio, to be an As- Executive Communications: Pages S4483–84 sistant Secretary of Energy (Fossil Energy). John Francis McCabe, of the District of Columbia, Petitions and Memorials: Pages S4484–85 to be an Associate Judge of the Superior Court of Additional Cosponsors: Pages S4485–86 the District of Columbia for the term of fifteen Statements on Introduced Bills/Resolutions: years. Peter Arno Krauthamer, of the District of Colum- Pages S4486–88 bia, to be an Associate Judge of the Superior Court Amendments Submitted: Pages S4488–89 of the District of Columbia for the term of fifteen Notices of Hearings/Meetings: Page S4489 years. Record Votes: One record vote was taken today. Danya Ariel Dayson, of the District of Columbia, (Total—107) Page S4477 to be an Associate Judge of the Superior Court of the District of Columbia for the term of fifteen Adjournment: Senate convened at 2 p.m. and ad- years. journed at 6:54 p.m., until 10 a.m. on Tuesday, July Joseph H. Gale, of Virginia, to be a Judge of the 12, 2011. (For Senate’s program, see the remarks of United States Tax Court for a term of fifteen years. the Majority Leader in today’s Record on page Michael A. Hammer, of the District of Columbia, S4490.) to be an Assistant Secretary of State (Public Affairs). 3 Air Force nominations in the rank of general. 3 Army nominations in the rank of general. Committee Meetings 2 Navy nominations in the rank of admiral. (Committees not listed did not meet) Routine lists in the Army, Foreign Service, and Navy. Pages S4490–92 No committee meetings were held. h House of Representatives Agreed to: Chamber Action Graves (MO) amendment that reduces the Army Public Bills and Resolutions Introduced: 14 pub- Corps of Engineers Construction account by lic bills, H.R. 2482–2495 were introduced. $1,750,000 and increases the Army Corps of Engi- Pages H4850–51 neers Operation and Maintenance account by $1 mil- Additional Cosponsors: Pages H4851–52 lion (by a recorded vote of 216 ayes to 190 noes, Roll No. 535); Pages H4804–05, H4831–32 Reports Filed: There were no reports filed today. Scalise amendment that increases funding, by off- Speaker: Read a letter from the Speaker wherein he set, for the Department of the Army, Corps of Engi- appointed Representative Harris to act as Speaker neers, Operation and Maintenance by $6,360,000 pro tempore for today. Page H4797 (by a recorded vote of 241 ayes to 168 noes, Roll Recess: The House recessed at 12:07 p.m. and re- No. 536); Pages H4805–06, H4832–33 convened at 2 p.m. Page H4798 Woodall amendment that reduces funding for the Energy and Water Development and Related Department of the Army, Corps of Engineers, Oper- Agencies Appropriations Act, 2012: The House ation and Maintenance by $4,900,000 and applies resumed consideration of H.R. 2354, making appro- the savings to the spending reduction account (by a priations for energy and water development and re- recorded vote of 218 ayes to 191 noes, Roll No. lated agencies for the fiscal year ending September 537); Page H4833 30, 2012. Consideration of the measure began on Harris amendment (No. 4 printed in the Congres- sional Record of July 6, 2011) that reduces funding Friday, July 8th. Pages H4799–H4822, H4831–49 for Energy Efficiency and Renewable Energy by $6

VerDate Mar 15 2010 00:37 Apr 25, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\JULY\D11JY1.REC D11JY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 11, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D757 million and applies the savings to the spending re- Terry amendment that sought to require the duction account; and Pages H4836–37 Army Corps of Engineers to conduct and publish the Woodall amendment that reduces funding for En- results of a study regarding the reasons and contrib- ergy Efficiency and Renewable Energy by $200,000 uting factors that led to the abnormal flooding of and applies the savings to the spending reduction ac- the Missouri River during the spring and summer of count. Pages H4807–09, H4845–46 2011; Pages H4815–16 Rejected: McIntyre amendment that sought to include a Kaptur amendment that sought to increase fund- new section to the bill amending section 156 of the ing, by offset, for Energy Efficiency and Renewable Water Resources Development Act of 1976; and Energy activities by $10 million; Page H4819 Pages H4816–17 Tierney amendment that sought to increase fund- Garamendi amendment that sought to increase ing, by offset, for the Department of the Army, funding, by offset, for Nuclear Energy by $20 mil- Corps of Engineers, Construction and the Depart- lion. Pages H4847–48 ment of the Army, Corps of Engineers, Operation Proceedings Postponed: and Maintenance (by a recorded vote of 162 ayes to Sessions amendment that seeks to strike section 246 noes, Roll No. 534); and 102; Pages H4810–12 Pages H4800–01, H4802–03, H4831 Moran amendment that seeks to strike section McClintock amendment that sought to reduce 109; Pages H4812–15 various accounts by a total of $3,250,437,000 and Markey amendment that seeks to increase fund- apply the savings to the spending reduction account ing, by offset, for Energy Efficiency and Renewable (by a recorded vote of 96 ayes to 313 noes, Roll No. Energy by $100 million; Pages H4821–22 538). Pages H4819–21, H4833–34 Lamborn amendment (No. 5 printed in the Con- Withdrawn: gressional Record of July 7, 2011) that seeks to King (IA) amendment that was offered and subse- strike language with respect to the allocation of quently withdrawn that sought to redirect $1 mil- weatherization assistance funds; Pages H4834–35 lion in funding with respect to the Department of Connolly amendment that seeks to increase fund- the Army, Corps of Engineers, Investigations; ing, by offset, for Energy Efficiency and Renewable Pages H4799–H4800 Energy by $46 million; Pages H4835–36 Turner amendment (No. 29 that was printed in Miller (NC) amendment that seeks to increase the Congressional Record of July 11, 2011) that was funding, by offset, for Energy Efficiency and Renew- offered and subsequently withdrawn that sought to able Energy by $24,018,000; Pages H4837–38 increase funding, by offset, for the National Nuclear Broun (GA) amendment that seeks to reduce Security Administration; Pages H4801–02 funding for Energy Efficiency and Renewable Energy Rivera amendment that was offered and subse- by $26,510,000 and apply the savings to the spend- quently withdrawn that sought to increase funding, ing reduction account; Pages H4838–39 by offset, for the Department of the Army, Corps of Welch amendment that seeks to increase funding, Engineers, Construction by $32,724,000; and by offset, for Energy Efficiency and Renewable En- Pages H4803–04 ergy by $491 million; Pages H4839–40 Kaptur amendment that was offered and subse- Pompeo amendment that seeks to reduce funding quently withdrawn that sought to increase funding, for Energy Efficiency and Renewable Energy by by offset, for Energy Efficiency and Renewable En- $45,641,000 and apply the savings to the spending ergy activities by $10 million. Pages H4818–19 reduction account; Pages H4840–41 Point of Order sustained against: Tonko amendment that seeks to increase funding, Tierney amendment that sought to increase fund- by offset, for Energy Efficiency and Renewable En- ing, by offset, for the Department of the Army, ergy by $226,800,000; Pages H4841–43 Corps of Engineers, Construction and the Depart- Garrett amendment that seeks to reduce various ment of the Army, Corps of Engineers, Operation accounts by a total of $500 million and apply the and Maintenance; Page H4801 savings to the deficit reduction account; Bishop (NY) amendment that sought to increase Pages H4843–44 funding, by offset, for the Department of the Army, Wu amendment that seeks to increase funding, by Corps of Engineers, Operation and Maintenance by offset, for Energy Efficiency and Renewable Energy $33,535,000; Pages H4806–07 by $60,500,000; Pages H4844–45 Courtney amendment that sought to increase McClintock amendment that seeks to reduce fund- funding, by offset, the Department of the Army, ing for Energy Efficiency and Renewable Energy by Corps of Engineers, Operation and Maintenance by $166,143,000 and apply the savings to the spending $808,000,000; Pages H4809–10 reduction account; Pages H4846–47

VerDate Mar 15 2010 00:37 Apr 25, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\JULY\D11JY1.REC D11JY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D758 CONGRESSIONAL RECORD — DAILY DIGEST July 11, 2011

Schiff amendment that seeks to redirect $10 mil- Security held a joint hearing entitled ‘‘The Role of lion in funding with respect to Nuclear Energy; and Social Security Administrative Law Judges.’’ Testi- Page H4847 mony was heard from Michael J. Astrue, Commis- Garamendi amendment that seeks to increase sioner, Social Security Administration; and Christine funding, by offset, for the Advanced Research Griffin, Deputy Director, OPM. Projects Agency by $450 million. Pages H4848–49 H. Res. 337, the rule providing for consideration IMPLEMENTATION OF CAREGIVER of the bill, was agreed to on Friday, July 8th. ASSISTANCE Suspension—Proceedings Postponed: The House Committee on Veterans’ Affairs: Subcommittee on debated the following measure under suspension of Health held a hearing on Implementation of Care- the rules. Further proceedings were postponed: giver Assistance: Moving Forward. Testimony was heard from Cheryl Cox, LCSW, Caregiver Support Better Use of Light Bulbs Act: H.R. 2417, to re- Coordinator, Syracuse Department of Veterans Af- peal certain amendments to the Energy Policy and fairs Medical Center, Department of Veterans Affairs; Conservation Act with respect to lighting energy ef- Mary Fullerton, LCSW, Caregiver Support Coordi- ficiency. Pages H4822–30 nator, North Florida/South Georgia Veterans Recess: The House recessed at 6:18 p.m. and recon- Healthcare System, Department of Veterans Affairs; vened at 6:31 p.m. Page H4830 Deborah Amdur, LCSW, Chief Consultant, Care Amendments: Amendments ordered printed pursu- Management and Social Work, Veterans Health Ad- ant to the rule appear on pages H4852–54. ministration, Department of Veterans Affairs. Quorum Calls—Votes: Five recorded votes devel- oped during the proceedings of today and appear on Joint Meetings pages H4831, H4832, H4832–33, H4833, H4834. No joint committee meetings were held. There were no quorum calls. f Adjournment: The House met at 12 noon and ad- COMMITTEE MEETINGS FOR TUESDAY, journed at 9:24 p.m. JULY 12, 2011 Committee Meetings (Committee meetings are open unless otherwise indicated) LEGISLATIVE MEASURES Senate Committee on Energy and Commerce: Subcommittee on Committee on Banking, Housing, and Urban Affairs: To hold hearings to examine enhanced investor protection Health held a hearing on the following: H.R. 1852, after the financial crisis, 10 a.m., SD–538. the ‘‘Children’s Hospital GME Support Reauthoriza- Committee on Energy and Natural Resources: To hold hear- tion Act of 2011’’; and H.R. 2005, the ‘‘Combating ings to examine S. 1160, to improve the administration Autism Reauthorization Act of 2011.’’ Testimony of the Department of Energy, S. 1108, to provide local was heard from Janet Heinrich, Associate Adminis- communities with tools to make solar permitting more trator, Bureau of Health Professions, Health Re- efficient, and S. 1142, to promote the mapping and de- sources and Services Administration, Department of velopment of the United States geothermal resources by Health and Human Services; and Thomas R. Insel, establishing a direct loan program for high risk geo- M.D., Director, National Institute of Mental Health, thermal exploration wells, to amend the Energy Inde- National Institutes of Health. pendence and Security Act of 2007 to improve geo- thermal energy technology and demonstrate the use of MISCELLANEOUS MEASURES geothermal energy in large scale thermal applications, 10 Committee on Energy and Commerce: Full Committee a.m., SD–366. began markup of the following: H.R. 2273, the Committee on Environment and Public Works: To hold an ‘‘Coal Residuals Reuse and Management Act of oversight hearing to examine the Environmental Protec- tion Agency’s implementation of the Safe Drinking 2011’’; and H.R. 2401, the ‘‘Transparency in Regu- Water Act’s Unregulated Drinking Water Contaminants latory Analysis of Impacts on the Nation Act of Program, 10 a.m., SD–406. 2011.’’ The markup will continue on 10 a.m., 2123 Committee on Health, Education, Labor, and Pensions: To Rayburn. hold hearings to examine pensions, focusing on building SOCIAL SECURITY ADMINISTRATIVE LAW a strong middle class and strong economy, 2:30 p.m., JUDGES SD–430. Committee on Homeland Security and Governmental Affairs: Committee on the Judiciary: Subcommittee on Courts, Subcommittee on Federal Financial Management, Govern- Commercial and Administrative Law, and Com- ment Information, Federal Services, and International Se- mittee on Ways and Means, Subcommittee on Social curity, to hold hearings to examine if new technology and

VerDate Mar 15 2010 00:37 Apr 25, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\JULY\D11JY1.REC D11JY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE July 11, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D759

private sector business practices can cut waste and fraud the Maritime Borders—Leveraging Law Enforcement Co- in Medicare and Medicaid, 2:30 p.m., SD–342. operation to Enhance Security Along America’s Coasts,’’ Select Committee on Intelligence: To hold closed hearings 10 a.m., 311 Cannon. to examine certain intelligence matters, 2:30 p.m., Subcommittee on Transportation Security, hearing en- SH–219. titled ‘‘Industry Perspectives: Authorizing the Transpor- House tation Security Administration for FY 2012 and 2013.’’ 2 p.m., 311 Cannon. Committee on Appropriations, Full Committee, markup of Committee on the Judiciary, Subcommittee on Crime, the Semiannual Activities Report of the Committee on Terrorism and Homeland Security, hearing on H.R. Appropriations; and the Interior, Environment, and Re- 1981, the ‘‘Protecting Children from Internet Pornog- lated Agencies Appropriations Bill, FY 2012, 10:30 p.m., raphers Act of 2011,’’ 10 a.m., 2141 Rayburn. 2359 Rayburn. Committee on Natural Resources, Subcommittee on Indian Committee on Armed Services, Subcommittee on Emerging Threats and Capabilities, hearing entitled ‘‘Ten Years On: and Alaska Native Affairs, hearing on the following: H.R. The Evolution of Strategic Communication and Informa- 1291, to amend the Act of June 18, 1934, to reaffirm tion Operations Since 9/11,’’ 1:30 p.m., 2118 Rayburn. the authority of the Secretary of the Interior to take land Subcommittee on Readiness, hearing entitled ‘‘How into trust for Indian tribes, and for other purposes; H.R. Does the Navy Get Ready, and Where Are We Today?’’ 1234, to amend the Act of June 18, 1934, to reaffirm 3 p.m., 2212 Rayburn. the authority of the Secretary of the Interior to take land Committee on the Budget, Full Committee, hearing enti- into trust for Indian tribes; and H.R. 1421, to amend the tled ‘‘Medicare’s Future: An Examination of the Inde- Water Resources Development Act of 1986 to clarify the pendent Payment Advisory Board,’’ 10 a.m., 210 Cannon. role of the Cherokee Nation of Oklahoma with regard to Committee on Energy and Commerce, Full Committee, con- the maintenance of the W.D. Mayo Lock and Dam in tinue markup of the following: H.R. 2273, the ‘‘Coal Re- Oklahoma, 11 a.m., 1324 Longworth. siduals Reuse and Management Act of 2011’’; and H.R. Committee on Oversight and Government Reform, Sub- 2401, the ‘‘Transparency in Regulatory Analysis of Im- committee on Health Care, District of Columbia, Census pacts on the Nation Act of 2011,’’ 10 a.m., 2123 Ray- and the National Archives, hearing entitled ‘‘Fulfilling a burn. Legal Duty: Triggering a Medicare Plan from the Admin- Committee on Financial Services, Subcommittee on Capital istration,’’ 1 p.m., 2154 Rayburn. Markets and Government Sponsored Enterprises, hearing Committee on Rules, Full Committee, hearing on H.R. on H.R. 463, the ‘‘Fannie Mae and Freddie Mac Trans- 2018, the ‘‘Clean Water Cooperative Federalism Act of parency Act of 2011;’’ and legislation regarding the 2011,’’ 3 p.m., H–313 Capitol. Fannie Mae and Freddie Mac Taxpayer Payback Act of Committee on Science, Space, and Technology, Full Com- 2011; the Housing Trust Fund Elimination Act; the Mar- mittee, hearing entitled ‘‘A Review of NASA’s Space ket Transparency and Taxpayer Protection Act; Cap the Launch System,’’ 10 a.m., 2318 Rayburn. GSE Bailout Act; Eliminate the GSE Charter During Re- Committee on Ways and Means, Subcommittee on ceivership; and the GSE Legal Fee Reduction Act, 10 a.m., 2128 Rayburn. Human Resources, hearing on child deaths due to mal- Committee on Foreign Affairs, Subcommittee on the Mid- treatment, 10 a.m., B–318 Rayburn. dle East and South Asia, hearing entitled ‘‘Promoting Joint Meetings Peace? Reexamining U.S. Aid to the Palestinian Author- ity,’’ 10 a.m., 2172 Rayburn. Joint Economic Committee: To hold hearings to examine Committee on Homeland Security, Subcommittee on Bor- manufacturing in the United States of America, focusing der and Maritime Security, hearing entitled ‘‘Protecting on training America’s workforce, 10:15 a.m., SH–216.

VerDate Mar 15 2010 00:37 Apr 25, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\JULY\D11JY1.REC D11JY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D760 CONGRESSIONAL RECORD — DAILY DIGEST July 11, 2011

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, July 12 10 a.m., Tuesday, July 12

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Resume consideration of H.R. morning business (not to extend beyond one hour), Senate 2354—Energy and Water Development and Related will continue consideration of S. 1323, Sense of the Sen- Agencies Appropriations Act, 2012. ate Regarding the Budget Deficit, with the filing dead- line for all first-degree amendments to the bill at 12 noon. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Dicks, Norman D., Wash., E1288 Kildee, Dale E., Mich., E1287 Dingell, John D., Mich., E1283 Lee, Barbara, Calif., E1283 Biggert, Judy, Ill., E1287 Frank, Barney, Mass., E1286 McDermott, Jim, Wash., E1287 Blumenauer, Earl, Ore., E1282 Guinta, Frank C., N.H., E1283 Miller, Jeff, Fla., E1283 Bordallo, Madeleine Z., Guam, E1282 Holt, Rush D., N.J., E1285 Ros-Lehtinen, Ileana, Fla., E1282 Burton, Dan, Ind., E1284 Honda, Michael M., Calif., E1281 Rothman, Steven R., N.J., E1281 Cardoza, Dennis A., Calif., E1286 Johnson, Eddie Bernice, Tex., E1283 Simpson, Michael K., Idaho, E1284 DeLauro, Rosa L., Conn., E1283, E1285 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E1281, E1285 Woolsey, Lynn C., Calif., E1284

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Printing Office at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 00:37 Apr 25, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\RECORD11\RECFILES\JULY\D11JY1.REC D11JY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE