6496 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 SENATE—Thursday, May 10, 2012

The Senate met at 9:30 a.m. and was EXPORT-IMPORT BANK REAUTHOR- be enough to convince Senate Repub- called to order by the Honorable TOM IZATION ACT OF 2012—MOTION TO licans they shouldn’t hold up this legis- UDALL, a Senator from the State of PROCEED lation any longer—330 to 93. The proc- New Mexico. Mr. REID. Mr. President, I move that ess of reauthorization of the Export- the Senate proceed to consideration of Import Bank has taken too long. I hope PRAYER the motion to proceed to calendar No. we don’t have to file cloture on this The Chaplain, Dr. Barry C. Black, of- 396, H.R. 2072. matter, but I will if we must. Let me remind my colleagues that fered the following prayer: The ACTING PRESIDENT pro tem- the Senate considered reauthorizing Let us pray. pore. Without objection, it is so or- this important legislation in March, 2 Eternal God, the protector of na- dered. months ago. Senate Republicans had tions, hallowed be Your Name. Give The clerk will report the bill by title. an opportunity to support the measure this day to the Members of this legisla- The assistant legislative clerk read then. Instead, all but three opposed it tive body such self-discipline that they as follows: and the measure failed. American ex- will choose not what they wish, but Motion to proceed to calendar No. 396, H.R. porters have already waited in limbo what they ought. Give them also the 2072, a bill to reauthorize the Export-Import for 2 months to see whether Repub- strength of will so that they may ac- Bank of the United States, and for other pur- poses. licans will come around in backing this cept the right, however difficult it is, business-friendly, job-creating meas- and refuse the wrong, however attrac- Mr. REID. Mr. President, we are now ure. Businesses shouldn’t have to wait tive it may be. Lord, give them the on the motion to proceed to the Ex-Im any longer. We can’t afford more of the wisdom to pray for each other, not bill. I hope we can pass the bill today. partisan obstruction we saw on this only for those with whom they agree I haven’t had an opportunity today to commonsense legislation last March. but also for those with whom they speak to the Republican leader, but I To get this to the President’s desk this might disagree. Impart to them a unity will do that shortly, and we will decide Congress—and every piece of legisla- of spirit as they deal with the diversity if there is a way forward. tion we pass must get to his desk or it of ideas. I ask unanimous consent that the doesn’t become law—we need Demo- We pray in Your gracious Name. next hour be equally divided and con- cratic votes and Republican votes. Amen. trolled between the two leaders or That is just a reality. It means we ab- their designees, with the majority con- f solutely must work together if we want trolling the first half and the Repub- to get anything done. PLEDGE OF ALLEGIANCE licans controlling the second half. SENATOR RICHARD LUGAR The Honorable TOM UDALL led the The ACTING PRESIDENT pro tem- One man who has always been willing Pledge of Allegiance, as follows: pore. Without objection, it is so or- to extend a hand to colleagues across dered. I pledge allegiance to the Flag of the the aisle is the senior Senator from In- United States of America, and to the Repub- Mr. REID. Mr. President, I suggest diana, Senator RICHARD LUGAR. His lic for which it stands, one Nation under the absence of a quorum. first priority has always been getting God, indivisible, with liberty and justice for The ACTING PRESIDENT pro tem- things done for the American people, all. pore. The clerk will call the roll. whether that means keeping the world The assistant legislative clerk pro- f safe from nuclear war or looking out ceeded to call the roll. for the Hoosiers back home. One of the APPOINTMENT OF ACTING Mr. REID. Mr. President, I ask unan- most historic pieces of legislation is PRESIDENT PRO TEMPORE imous consent that the order for the known as Nunn-Lugar. It is an effort to The PRESIDING OFFICER. The quorum call be rescinded. reduce the number of nuclear weapons clerk will please read a communication The ACTING PRESIDENT pro tem- in our country and in the Soviet Union. to the Senate from the President pro pore. Without objection, it is so or- It is a very important piece of bipar- dered. tempore (Mr. INOUYE). tisan legislation, authored by Senators Mr. REID. Mr. President, on a strong The assistant legislative clerk read LUGAR of Indiana and Nunn of Georgia. bipartisan vote yesterday, the House the following letter: It is important legislation. passed a piece of commonsense, job- Senator LUGAR has been a great ad- U.S. SENATE, creating legislation—the reauthoriza- PRESIDENT PRO TEMPORE, vocate for the people of Indiana as well Washington, DC, May 10, 2012. tion of the Export-Import Bank. We as a dedicated student of international To the Senate: refer to it as the Ex-Im Bank legisla- affairs. I have the opportunity to call Under the provisions of rule I, paragraph 3, tion. meetings with foreign dignitaries, and of the Standing Rules of the Senate, I hereby For many years this legislation has he is always there, seated at the table. appoint the Honorable TOM UDALL, a Senator helped American companies grow and He has always put the American peo- from the State of New Mexico, to perform sell their products overseas, creating ple, in my estimation, first and his po- the duties of the Chair. tens of thousands of jobs. And for years litical party second. I was elected to DANIEL K. INOUYE, the bank has enjoyed broad bipartisan President pro tempore. the Senate to serve each and every Ne- support. It passed by unanimous con- vadan—not only Democrats, though I Mr. UDALL of New Mexico thereupon sent on one occasion and by voice vote am proud to be one—and Senator assumed the chair as Acting President on another occasion. It is the perfect LUGAR was elected to serve every Hoo- pro tempore. example of the kinds of smart invest- sier, regardless of political affiliation, f ments Congress should be making to and he has done that so well; it is why spur job growth. he has been in the Senate for more RECOGNITION OF THE MAJORITY I hope the Senate will be able to than three decades. LEADER quickly approve the House-passed Throughout the history of this coun- The ACTING PRESIDENT pro tem- measure today and do it by unanimous try, even in the most trying of times, pore. The majority leader is recog- consent. I am optimistic that the 330- times of great social and political un- nized. to-93 vote in the House yesterday will rest, our elected representatives have

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

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6497 worked together despite their dif- ly political show votes to which I just ideas that have failed before is not ferences to do what is right for all referred to coincide with the Presi- going to cut it anymore. The Presi- Americans. So I worry when I see dedi- dent’s campaign schedule, the work dent’s Post-it note checklist is insuffi- cated patriots such as Senator LUGAR that needs to be done isn’t—no budget, cient to handle the challenges we face drummed out by tea party zealots for nothing to prevent the largest tax hike as a nation, and, frankly, it is com- being too willing to cooperate. But in history, and House-passed bills sit- pletely counterproductive. that is what happened on Tuesday. I ting in the hopper. Yesterday the majority leader said worry when I hear a candidate for the While the President is trying to man- Democrats are willing to make the U.S. Senate campaigning against bipar- ufacture arguments he can run on, tough choices. Well, we are waiting. We tisanship and compromise between the House Republicans have spent the last are waiting. And with all due respect, two parties. That is really what he year and a half voting on and passing we have a tough time believing our said, that there is too much com- energy and jobs bills. In fact, more friends across the aisle when the only promise in Congress. That is what hap- than two dozen jobs proposals are cur- issues they care about these days are pened on Tuesday. I worry when a can- rently collecting dust on the majority show votes coordinated with the White didate for the U.S. Senate says clearly leader’s desk. One after another, the House for political gain. So today let’s that he will put political party and House has passed a budget, a small stop the show votes that are designed partisanship before country and com- business tax bill, bills to expand do- to fail. Let’s stop the blame games. promise. But that is what happened on mestic energy production, and bills to Let’s come together and do what the Tuesday. That is nothing to be proud reduce burdensome, job-killing regula- American people expect us to do. As I of. tions. Despite some saying nothing can said yesterday, our offer still stands. That kind of attitude is why long- get done in an election year, they are We are ready when you are. time political observers Thomas Mann not done yet over in the House. I com- Mr. President, I yield the floor. and Norman Ornstein described today’s mend my House colleagues for their RESERVATION OF LEADER TIME GOP as ‘‘ideologically extreme’’ and leadership, energy, and good work. The ACTING PRESIDENT pro tem- ‘‘scornful of compromise.’’ And it is I have a suggestion. Instead of focus- pore. Under the previous order, the why my friend Senator LUGAR said the ing on his political Post-it note check- leadership time is reserved. following yesterday in his concession list, the President and Senate Demo- There will now be 60 minutes of de- speech: crats should show some leadership and bate on the motion to proceed to H.R. Bipartisanship is not the opposite of prin- work with Republicans to move on 2072 equally divided between the major- ciple. One can be very conservative or very critical progrowth bills. These pro- ity leader and the minority leader or liberal and still have a bipartisan mindset. posals will help provide certainty and their designees, with the majority con- Such a mindset acknowledges that the other provide a much needed boost to our trolling the first 30 minutes. party is also patriotic and may have some economy. They would allow businesses The Senator from Washington. good ideas. to plan for the future and to begin to Ms. CANTWELL. Mr. President, I I want to repeat that. This is what hire again. rise today to speak on the motion to Senator LUGAR said in his concession Common ground can be achieved on proceed to the passage of the Export- speech yesterday: these jobs bills, and Republicans stand Import Bank, legislation that has come Bipartisanship is not the opposite of prin- ready to work with Democrats to get over from the House and passed the ciple. One can be very conservative or very them passed. With nearly 13 million House with a vote of 330 to 93, a pretty liberal and still have a bipartisan mindset. Americans unemployed and millions resounding vote in favor of moving for- Such a mindset acknowledges that the other more underemployed or giving up look- ward on the Export-Import Bank, party is also patriotic and may have some good ideas. ing for work altogether, inaction and which is a major tool to financing man- political gimmicks and games are real- ufacturing in the United States when We should all remember, regardless ly just not acceptable. Action is re- they have products to be sold around of what our party affiliation is, that quired by this President and this Con- the globe. compromise has been the hallmark of gress now, not after the election or by We hear the President talk all the this country for more than 200 years, some future Congress or administra- time about the fact that we need to in- especially in the U.S. Senate—com- tion. The country’s problems are far crease our exports. This is a very im- promise. too pressing. The American people ex- portant tool that has existed for dec- RECOGNITION OF THE MINORITY LEADER pect us to work together for the good ades in helping businesses across our The ACTING PRESIDENT pro tem- of our country. country produce product and get sales pore. The Republican leader is recog- This year the Senate should pass a into overseas markets, so the fact this nized. budget. Three years without a budget legislation passed the House again with Mr. MCCONNELL. Mr. President, I is completely unacceptable. Congress an overwhelmingly positive vote—and, certainly share my friend the majority should also move on comprehensive tax I should point out to my colleagues leader’s views about Senator LUGAR’s reform, a true all-of-the-above energy here in the Senate, without amend- record, but he has 8 more months to be policy, and the elimination of burden- ment. It was not amended on the floor. among us and to serve this country. I some regulations that are hurting busi- That is, my colleagues on the House think an appropriate time to celebrate nesses and hindering job creation. And side, both Republicans and Democrats, his outstanding career would be when we can’t stop there. Congress must act worked out such a positive proposal it comes to an end here in the Senate. swiftly to put forth a plan to deal with that it went to the House floor without TIME FOR ACTION the largest tax increase in U.S. history amendment. With regard to what has been going that is only—only—8 months away. Now we have the chance to bring it on here in the Senate, the problem These are issues that can’t be dealt up here and pass this legislation, and I clearly is the majority, which seems with overnight. We need to start now. urge my colleagues to do so very quick- not to be interested in accomplishing And anyone who says there is no time ly because this legislation and this au- anything but, rather, turning the Sen- to get these things done either hasn’t thorization for the Export-Import ate floor into an opportunity for show been watching the Senate floor lately Bank is expiring at the end of this votes for the President and his cam- or does not believe this country is month. paign. headed toward a fiscal cliff. Where is So, yes, here we are again at the Earlier this week the President re- the Democratic-led Senate and the eleventh hour. Instead of giving pre- packaged a list of old ideas into a Post- President? Where are they? What are dictability and certainty to a very im- it note checklist for Congress. He said they waiting for? What is the reason portant program, we are down to the he did not want to ‘‘overload’’ Con- for the delay? The President giving an- last minutes about whether it is going gress. Unfortunately, besides the week- other speech loaded with the same old to continue to operate in the normal

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6498 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 way that it does. I am here to ask my lots of language in making sure there for our families and it is a good thing colleagues on the Republican side of is transparency in the Ex-Im Bank fi- for our economy, again referencing the the aisle to move forward, do as your nancing mechanism. Republican leader’s concerns about a House colleagues did, agree to the leg- This is a good resolution. I applaud progrowth agenda. islation, and let’s get it out of here so my colleagues in the House, Represent- More specifically, let me talk about people know in and across America atives HOYER, CANTOR, and BOEHNER, what the federally subsidized Stafford that this program will continue. who all worked on this agreement, and loans do. They are designed for Amer- I toured Washington State, which has I hope my colleagues move quickly on ican students from low- to middle-in- many companies that benefit from the it. come families so that they too can af- Export-Import Bank. One of them was There is one thing we know right ford to go to college. At a time when a company in Spokane, WA, SCAFCO, now. We need to do everything we can students are facing escalating tuition which happens to be one of the largest to help our economy and to help jobs. costs and an uncertain job market makers of grain silos in the world and The Ex-Im Bank has been a proven job after graduation, it would truly be irre- they export these grain silos. They are creator in the United States, helping sponsible for us not to act as soon as used in the United States, but they are U.S. companies compete internation- possible. But I have to report to you used all over the world. I saw 200 work- ally. It has helped us pay down the def- and our colleagues that we are being ers there who know firsthand how im- icit in the past. Now all we need to do blocked from doing just that. portant it is to get this legislation is give it the certainty that it will con- There is a commonsense proposal be- adopted and moved forward, because it tinue to operate as of May 31 this year. fore us that would prevent these stu- means sales of those grain silos all So let’s get on with this business of dent loan interest rates from doubling, around the world. They have used this making sure we are focusing on the but it is being filibustered. All these financing mechanism to expand over- economy, and make sure, for the Ex-Im students want—all the young people we seas sales to 11 new countries and to Bank, we proceed to this measure and all know want—is an opportunity to make sure they were continuing to pass it as soon as possible. better themselves and contribute to compete on an international basis. I thank the President, and I yield the our Nation’s economic growth. We have If you look over the last 5 years, this floor. a chance to offer them that oppor- bank has supported over $64 billion of The ACTING PRESIDENT pro tem- tunity, but we have got to end the po- sales and exports in Washington State. pore. The Senator from Colorado is rec- litical games here and get to work. We Yes, some of those jobs are related to ognized. can’t let partisanship stand in the way aviation, but 83,000 related jobs in Mr. UDALL of Colorado. Mr. Presi- of a college education for young Ameri- Washington State are small businesses, dent, let me associate myself with the cans. It doesn’t make sense, certainly companies such as Sonoco in Moses remarks of my colleague from the out in my State of Colorado. Colo- Lake which is a machine shop, and State of Washington, Ms. CANTWELL. radans understand this, and they are they do repair parts for aircraft for 40 I heard the Republican leader talk telling me—as I think they are in the different clients spread across the about a progrowth agenda. There is Presiding Officer’s State, and States globe. nothing more progrowth than export- all across the country—just get it We were at another company in Yak- ing American goods and services over- done. There is no time left to just get ima, a music company. If anybody has seas to the growing markets all over it done. I asked Colorado students through heard of Manhasset Music Stands, it is the world, and the Ex-Im Bank has a my Facebook page to contact me with an unbelievable story of a success of a long record of providing the foundation their concerns so I could share them company that has sales of over $1 mil- on which our businesses, small, me- here on the Senate floor, and I wanted lion to various countries around the dium, and large, can do that. So let’s to bring their voices directly to the globe; and people definitely like the bring up what the House has passed and Congress so we would all understand move it through this Chamber as fast fact that Made in America means qual- better what is at stake in Colorado and as possible. ity and that they have been able to ac- all over our country so it might give us cess all of these markets. STOP THE STUDENT LOAN INTEREST RATE HIKE some additional motivation. So I wish We saw a company in the Everett OF 2012 to share a couple of stories here on the area, Esterline, which has built air- Mr. President, I mentioned I wanted floor of the Senate. plane parts and employs over 600 peo- to stand this morning and speak on be- Justyne Espinal is from Aurora. She ple, and has used this agreement. Basi- half of students all across America. is a single mother of two children. She cally, they build the overhead cockpit In my home State of Colorado, stu- is currently enrolled in nursing school part of airplanes and they sell those to dents and recent college graduates are after being displaced from her job in a variety of businesses all around the literally struggling with a mountain of the mortgage industry. She enrolled in globe. loan debt. As a mountain climber my- nursing school so she could provide for Without the financing of the Ex-Im self, I understand that mountains can her family and contribute to the work- Bank, these companies lose out on an be overcome. But in an economy such force. She said: international basis to the financing as this one, where recent college grad- I am just barely making ends meet and mechanisms that other countries have, uates are struggling to find work, we need the help of student loans. Please don’t whether that is Canada, Europe, or need to do more. We need to do every- double my interest rate. other places. This program is very suc- thing we possibly can to make college Then there is Nicholas Collins, a sen- cessful and, I might add, adds billions more affordable. And that is where we, ior communications major at the Uni- of dollars back to the U.S. Govern- the Congress, come in. versity of Colorado. He is in the middle ment. This is not a program that costs The interest rate, as we all know, on of preparing for final exams this week, us money. This is a program that basi- the federally subsidized Stafford loans but he took time to write to me, and he cally generates revenue back to the is set to double on July 1, barring con- wrote: Federal Government. gressional action, so we don’t have Senator Udall, I will be graduating two I want to say to my colleagues, there much time to play political games here weeks from today. I could not imagine a fu- were several things that were added in before the mountain of debt facing our ture where students would be forced to pay the House bill—a GAO report on evalu- students begins to grow even higher. up to $1,000 more per year to pay off their ating the banks and capital market Student loans play a crucial role in loans . . . I would not be in the position I am conditions, making sure they do an an- making higher education possible for today if it wasn’t for federal aid. nual report on due diligence and the millions of Americans. For many The concerns that are expressed by purpose of the loan, additional require- Americans, higher education is the Justyne and Nicholas are just a couple ments by Treasury, making sure we gateway to their future careers and to of vivid examples of the concerns fac- continue to oversee the Ex-Im Bank; so better paying jobs. That is a good thing ing millions of American students.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6499 As you know, and we all know, there him as a mentor since I arrived in the explore alternatives. If fealty to these is a broad consensus that we have to Senate. Senator MARK PRYOR organized pledges continues to expand, legislators may prevent these Stafford loans from dou- for our class, when we came in, men- pledge their way into irrelevance. Voters will be electing a slate of inflexible positions bling on July 1. However, many of our tors, usually a senior Democrat, senior rather than a leader. friends on the other side want to raid Republican, and Senator LUGAR was I hope that as a nation we aspire to more the Prevention and Public Health Fund that mentor for me. As a result of that, than that. I hope we will demand judgment to offset the cost of these student I have spent a great deal of time with from our leaders. loans. This fund is aimed at preventing him, both in the Foreign Relations Those are the words of Senator chronic disease and it was imple- Committee and in a variety of meet- LUGAR. I think they are very wise mented as a part of the Affordable Care ings and he has always given me very words. I think we should all read his Act. The Prevention and Public Health valuable advice. Above all, his advice whole speech and try to put the Senate Fund helps to reduce chronic diseases, was to urge bipartisanship, not for its on a better path. including diabetes and heart disease, own sake but because it is what makes EXHIBIT 1 while also providing much-needed dol- the Senate work and what allows us to Sen. Richard Lugar: lars toward immunization for children. move forward. I would like to comment on the Senate I understand that the health bill was As one of the leaders pointed out, he race just concluded and the direction of controversial. But to continue attack- is going to be with us for 8 more American politics and the Republican Party. ing it, especially when students’ fu- months, but I think there was some- I would reiterate from my earlier statement that I have no regrets about choosing to run tures are on the line, is puzzling, to say thing very important in the statement for office. My health is excellent, I believe the least. While we could be closing un- he made and I will read a few words that I have been a very effective Senator for fair tax loopholes, as the underlying and ask unanimous consent the full Hoosiers and for the country, and I know bill proposes, the Republicans here in statement be printed in the RECORD that the next six years would have been a the Senate are telling us we have to thereafter. time of great achievement. Further, I be- choose between a bright future for our The PRESIDING OFFICER. Without lieved that vital national priorities, includ- students or preventing chronic disease objection, it is so ordered. ing job creation, deficit reduction, energy se- curity, agriculture reform, and the Nunn- for millions of Americans. That doesn’t (See exhibit 1) Mr. UDALL of New Mexico. I want to Lugar program, would benefit from my con- make sense. This is about providing op- tinued service as a Senator. These goals were portunity. To say we can no longer read a few words from what he said worth the risk of an electoral defeat and the care for the sick or help prevent chron- after he suffered this electoral loss. costs of a hard campaign. ic disease if we want to help students is These are words we should all listen to Analysts will speculate about whether our a false and, I might say, political in the Senate because they are so wise. campaign strategies were wise. Much of this choice. They give us advice and put us on a will be based on conjecture by pundits who There are plenty of tax loopholes, big path we should be on. These are Sen- don’t fully appreciate the choices we had to make based on resource limits, polling data, ator LUGAR’s words. oil subsidies and other savings, that and other factors. They also will speculate don’t leave students, the sick, or hard- Legislators should have an ideological whether we were guilty of overconfidence. working Americans out in the cold. We grounding and strong beliefs identifiable to The truth is that the headwinds in this owe it to people such as Justyne and their constituents. I believe I have offered race were abundantly apparent long before Nicholas to come together to find a that throughout my career. But ideology Richard Mourdock announced his candidacy. cannot be a substitute for a determination to One does not highlight such headwinds pub- way to ensure that American students think for yourself, for a willingness to study continue to have access to affordable lically when one is waging a campaign. But an issue objectively, and for the fortitude to I knew that I would face an extremely strong loans. I look forward to working with sometimes disagree with your party or even anti-incumbent mood following a recession. I you and our colleagues here in the Sen- your constituents. Like Edmund Burke, I be- knew that my work with then-Senator ate to make sure we do right by our lieve leaders owe the people they represent Barack Obama would be used against me, Nation’s students on this. I would urge their best judgment. even if our relationship were overhyped. I all of us to end this impasse and, in- Too often bipartisanship is equated with also knew from the races in 2010 that I was stead, work together. Let’s roll up our centrism or deal cutting. Bipartisanship is a likely target of Club for Growth, not the opposite of principle. One can be very FreedomWorks and other Super Pacs dedi- sleeves, literally and figuratively, and conservative or very liberal and still have a find the right solution. Let’s prove to cated to defeating at least one Republican as bipartisan mindset. Such a mindset acknowl- a purification exercise to enhance their in- Coloradans, to the students in Colorado edges that the other party is also patriotic fluence over other Republican legislators. and to all the students across our coun- and may have some good ideas. It acknowl- We undertook this campaign soberly and try, that the Senate can accomplish edges that national unity is important, and we worked very hard in 2010, 2011, and 2012 to something important for our Nation’s that aggressive partisanship deepens cyni- overcome these challenges. There never was education system, our country, and our cism, sharpens political vendettas, and de- a moment when my campaign took anything way of life. pletes the national reserve of good will that for granted. This is why we put so much ef- is critical to our survival in hard times. Cer- Mr. President, I yield the floor, and I fort into our get out the vote operations. tainly this was understood by President Ultimately, the re-election of an incum- suggest the absence of a quorum. Reagan, who worked with Democrats fre- bent to Congress usually comes down to The ACTING PRESIDENT pro tem- quently and showed flexibility that would be whether voters agree with the positions the pore. The clerk will call the roll. ridiculed today—from assenting to tax in- incumbent has taken. I knew that I had cast The assistant legislative clerk pro- creases in the 1983 Social Security fix, to recent votes that would be unpopular with ceeded to call the roll. compromising on landmark tax reform legis- some Republicans and that would be tar- Mr. UDALL of New Mexico. Mr. lation in 1986, to advancing arms control geted by outside groups. President, I ask unanimous consent the agreements in his second term. These included my votes for the TARP pro- order for the quorum call be rescinded. I don’t remember a time when so many gram, for government support of the auto in- The PRESIDING OFFICER (Mr. topics have become politically unmention- dustry, for the START Treaty, and for the able in one party or the other. Republicans confirmations of Justices Sotomayor and UDALL of Colorado). Without objection, cannot admit to any nuance in policy on cli- Kagan. I also advanced several propositions it is so ordered. mate change. Republican members are now that were considered heretical by some, in- SENATOR RICHARD LUGAR expected to take pledges against any tax in- cluding the thought that Congressional ear- Mr. UDALL of New Mexico. Mr. creases. For two consecutive Presidential marks saved no money and turned spending President, I rise to just say a few words nomination cycles, GOP candidates com- power over to unelected bureaucrats and about my good friend and my mentor peted with one another to express the most that the country should explore options for strident anti-immigration view, even at the in the Senate, Senator RICHARD LUGAR. immigration reform. risk of alienating a huge voting bloc. Simi- It was apparent that these positions would I heard both leaders this morning men- larly, most Democrats are constrained when be attacked in a Republican primary. But I tion Senator LUGAR, and I thought I talking about such issues as entitlement believe that they were the right votes for the would rise for a minute to talk about cuts, tort reform, and trade agreements. Our country, and I stand by them without re- him because I have been lucky to have political system is losing its ability to even grets, as I have throughout the campaign.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6500 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 From time to time during the last two Too often bipartisanship is equated with extension of a special interest rate for years I heard from well-meaning individuals centrism or deal cutting. Bipartisanship is the subsidized Stafford loans, I con- who suggested that I ought to consider run- not the opposite of principle. One can be very tinue to hear false statements that ning as an independent. My response was al- conservative or very liberal and still have a ways the same: I am a Republican now and bipartisan mindset. Such a mindset acknowl- would lead one to believe Republicans always have been. I have no desire to run as edges that the other party is also patriotic don’t support extending this interest anything else. All my life, I have believed in and may have some good ideas. It acknowl- rate for students. This is simply not the Republican principles of small govern- edges that national unity is important, and true. ment, low taxes, a strong national defense, that aggressive partisanship deepens cyni- In my State of South Dakota, nearly free enterprise, and trade expansion. Accord- cism, sharpens political vendettas, and de- 30,000 students received subsidized ing to Congressional Quarterly vote studies, pletes the national reserve of good will that Stafford loans during the 2010–2011 I supported President Reagan more often is critical to our survival in hard times. Cer- school year. While I support alleviating than any other Senator. I want to see a Re- tainly this was understood by President publican elected President, and I want to see Reagan, who worked with Democrats fre- financial pressure on students, I did a Republican majority in the Congress. I quently and showed flexibility that would be not support the partisan legislation hope my opponent wins in November to help ridiculed today—from assenting to tax in- brought forward by Majority Leader give my friend Mitch McConnell a majority. creases in the 1983 Social Security fix, to REID that would extend subsidized If Mr. Mourdock is elected, I want him to compromising on landmark tax reform legis- Stafford loans while raising taxes on be a good Senator. But that will require him lation in 1986, to advancing arms control some employers, not because the goal to revise his stated goal of bringing more agreements in his second term. of the legislation is misguided but be- partisanship to Washington. He and I share I don’t remember a time when so many many positions, but his embrace of an unre- topics have become politically unmention- cause the way the majority leader pro- lenting partisan mindset is irreconcilable able in one party or the other. Republicans posed to pay for the legislation is mis- with my philosophy of governance and my cannot admit to any nuance in policy on cli- guided. experience of what brings results for Hoo- mate change. Republican members are now Majority Leader REID’s legislation, siers in the Senate. In effect, what he has expected to take pledges against any tax in- similar to its Republican counterpart, promised in this campaign is reflexive votes creases. For two consecutive Presidential would extend the special rate of 3.4 per- for a rejectionist orthodoxy and rigid opposi- nomination cycles, GOP candidates com- cent for subsidized Stafford loans that tion to the actions and proposals of the other peted with one another to express the most party. His answer to the inevitable road- strident anti-immigration view, even at the existed for the 2011–2012 school year to blocks he will encounter in Congress is mere- risk of alienating a huge voting bloc. Simi- the 2012 and 2013 school year. I agree ly to campaign for more Republicans who larly, most Democrats are constrained when with the extension of this special rate embrace the same partisan outlook. He has talking about such issues as entitlement and would simply ask the majority pledged his support to groups whose prime cuts, tort reform, and trade agreements. Our leader to allow a vote on the Repub- mission is to cleanse the Republican Party of political system is losing its ability to even lican alternative, which I might add, those who stray from orthodoxy as they see explore alternatives. If fealty to these passed the House of Representatives by it. pledges continues to expand, legislators may a bipartisan vote on April 27. I voted This is not conducive to problem solving pledge their way into irrelevance. Voters and governance. And he will find that unless will be electing a slate of inflexible positions against moving to the majority lead- he modifies his approach, he will achieve lit- rather than a leader. er’s bill because I disagree on two tle as a legislator. Worse, he will help delay I hope that as a nation we aspire to more grounds with the way my Democratic solutions that are totally beyond the capac- than that. I hope we will demand judgment colleagues proposed to pay for the tem- ity of partisan majorities to achieve. The from our leaders. I continue to believe that porary 1-year extension. most consequential of these is stabilizing Hoosiers value constructive leadership. I First, I fundamentally disagree with and reversing the Federal debt in an era would not have run for office if I did not be- the idea of a permanent tax increase on when millions of baby boomers are retiring. lieve that. There is little likelihood that either party As someone who has seen much in the poli- certain job creators to pay for a tem- will be able to impose their favored budget tics of our country and our state, I am able porary 1-year extension. We are talking solutions on the other without some degree to take the long view. I have not lost my en- about permanent tax changes to pay of compromise. thusiasm for the role played by the United for temporary spending. That is bad Unfortunately, we have an increasing num- States Senate. Nor has my belief in conserv- policy. I furthermore believe any dis- ber of legislators in both parties who have ative principles been diminished. I expect cussion about raising taxes should be adopted an unrelenting partisan viewpoint. great things from my party and my country. This shows up in countless vote studies that I hope all who participated in this election addressed in a comprehensive tax re- find diminishing intersections between Dem- share in this optimism. form discussion, not in a student loan ocrat and Republican positions. Partisans at Mr. UDALL of New Mexico. I suggest bill. both ends of the political spectrum are domi- the absence of a quorum. Second, I disagree with diverting the nating the political debate in our country. The PRESIDING OFFICER. The payroll tax revenue away from the And partisan groups, including outside clerk will call the roll. Medicare and Social Security trust groups that spent millions against me in this The legislative clerk proceeded to funds, where it would ordinarily be di- race, are determined to see that this con- call the roll. rected. We saw this done during the tinues. They have worked to make it as dif- health care bill a couple years ago, ficult as possible for a legislator of either Mr. THUNE. Mr. President, I ask party to hold independent views or engage in unanimous consent that the order for where Medicare reductions and revenue constructive compromise. If that attitude the quorum call be rescinded. increases that were supposed to go to prevails in American politics, our govern- The PRESIDING OFFICER. Without extend the lifespan of Medicare were, ment will remain mired in the dysfunction objection, it is so ordered. in fact, used to pay for new spending. we have witnessed during the last several STUDENT LOANS We cannot continue to try to fool the years. And I believe that if this attitude ex- Mr. THUNE. Mr. President, in just 2 American people that we are somehow pands in the Republican Party, we will be weeks, similar to many proud parents, extending the lifespan of Medicare relegated to minority status. Parties don’t I will be watching as my youngest when we are spending that money on succeed for long if they stop appealing to voters who may disagree with them on some daughter walks across the graduation new programs. issues. stage. For some students, this impor- We are essentially double counting Legislators should have an ideological tant milestone marks the end of their revenue and spending the same money grounding and strong beliefs identifiable to college days and the beginning of a pro- twice. We cannot do that. We cannot do their constituents. I believe I have offered fessional career. This achievement that anywhere else in the country, in that throughout my career. But ideology should be filled with hope for a great this economy. Yet in Washington, DC, cannot be a substitute for a determination to future, but for many it will be a story that has become the practice. What think for yourself, for a willingness to study this would do is take changes in the an issue objectively, and for the fortitude to saddled with student loan debt and un- sometimes disagree with your party or even certainty about the economy, their job Tax Code that would ordinarily go into your constituents. Like Edmund Burke, I be- prospects, and their future. the payroll tax fund or Medicare trust lieve leaders owe the people they represent As I have listened to many of my fund and now that is going to be used their best judgment. Democratic colleagues discussing the to pay for something else. This is a

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6501 practice we cannot continue; we cannot vote for the original legislation that issue or that issue, are counter- sustain. We all know our trust funds created the temporary phased-down in- productive in the long run. The floor of are headed toward bankruptcy and con- terest rate for subsidized Stafford the Senate is being used, it seems more tinuing to raid them and use them for loans. So despite the President’s rhet- and more these days, to make cam- other purposes is simply a recipe for oric, the greatest threat to young peo- paign points, political points, rather disaster. ple looking for a job isn’t the loan than to address the fundamental issues I agree with the 37 business groups rates but the Obama economy. that are affecting Americans and our that wrote a letter to Leaders REID and This year’s crop of college students economy. MCCONNELL strongly opposing the $9 looking for jobs is confronting an econ- I would hope we can come together to billion tax increase on small businesses omy in which unemployment has re- work in a constructive way on policies proposed in the majority leader’s legis- mained above 8 percent for 39 straight that will get Americans back to work, lation. These groups represent millions months. A recent Associated Press re- and that means doing something about of employers, and they range from the port found that one out of every two these regulations which are crushing National Federation of Independent recent graduates is jobless or under- the ability of our small businesses to Business to the Independent Commu- employed within 1 year of finishing create jobs. We hear about it every sin- nity Bankers, to the National Res- school. Graduates who are lucky gle day. taurant Association. These 37 business enough to find a job will earn 9 percent When I travel my State of South Da- groups all oppose the tax increases less than if they had graduated just a kota or elsewhere around the country, that would be included to pay to keep few years ago. I hear from businesses, the people out the interest rate at 3.4 percent. A Gallup poll released this week there trying to create jobs, about regu- I believe there could be bipartisan gives even more bad news for young lations, about taxes, about the cost of support for a proposal that has been adults. According to Gallup, under- things, their inputs going up. Those are put forward by Senators ENZI and employment for 18- to 29-year-olds has the issues we ought to be addressing. ALEXANDER, who are both leaders on hovered around 30 percent for most of We ought to figure out how to reform education policy in the Senate. They the past year. Those graduates lucky the Tax Code, how to reduce Federal proposed an alternative that pays for a enough to find employment are more spending and reform the entitlement temporary 1-year extension of a 3.4-per- likely to find jobs as waitresses and programs so we can save Social Secu- cent interest rate by taking money bartenders than as engineers, physi- rity and Medicare. from a slush fund created by cists, chemists, and mathematicians. We ought to look at what we can do ObamaCare in 2010. The President and On Tuesday, the President was out to put in place a real all-the-above en- Democrats have supported taking touting his to-do list for Congress. ergy strategy that would help keep en- money from the slush fund in the past, That is particularly interesting since ergy costs affordable for people out so it seems odd that now they are sud- the President had 31⁄2 years to put poli- there creating jobs. In my view, those denly up in arms in support of a slush cies in place that would strengthen the are the types of things on which we fund that is supposedly aimed at pre- economy. Here is what our graduates ought to be focusing. vention. are getting. Here is what that Obama Frankly, we have seen a lot of action The President’s own fiscal year 2013 economy has brought about: Long-term and activity in the other body, in the budget proposal recommends using the unemployment is up 89 percent; the House of Representatives, many bills prevention slush fund for other Federal number of Americans who are on food they have sent to the Senate that are priorities. My Democratic colleagues stamps is up 45 percent; gas prices have small business bills that would address in the Senate supported taking $5 bil- doubled; college tuition is up 25 per- these very issues, such as the high cost lion from the fund merely 11 weeks cent; worker health insurance costs are of regulations, the issue of taxation, ago. So there is broad support for the up 23 percent; and the Federal debt we the issue of energy independence—all idea of prevention, but the recent are passing on to future generations is these things that we believe would lead record of the use of prevention dollars up 47 percent. The only thing that has us toward a stronger economy that shows these dollars are not being spent gone down on his watch is home values, would get Americans back to work and wisely. Funds in the prevention slush which is down 14 percent. offer more opportunity to young peo- fund can be used on almost anything in Our country and our college grad- ple, to our college graduates as they the name of prevention and wellness. uates have had enough of the Obama emerge from their programs of study For example, jungle gyms, bike paths, economy. Instead of the to-do list the this year and in years to come. farmers’ markets, those are the types President has put forward, we have a Yet we continue to have the rhetoric of things this so-called prevention to-stop list for you. Stop job-killing on the floor of the Senate suggesting slush fund is being used for. Keep in regulations that are hurting our small that somehow Republicans are not in mind that in 2010, my Democratic col- businesses’ ability to create jobs, stop favor of keeping interest rates low for leagues used the $9 billion in savings in trying to raise taxes on small busi- student loans. Think about that. It is Federal student program aid to pay for nesses and job creators who are the illogical to even suggest that. However, part of ObamaCare instead of using people who are going to hire our col- we do have a fundamental difference of that money to address the looming lege graduates, stop blocking the Key- finance as to how we ought to pay for issue of the scheduled return to these stone XL Pipeline which would help that. The other side suggests we could higher interest rates on student loans. wean our country from the dependence pay for that by raising taxes on people It only seems rational and fitting to we have on foreign sources of energy, who create jobs. use the money that came from the stu- and stop the divisive use of class war- We believe we ought to go back and dent loan industry to address the inter- fare that does nothing but divide take the funds out of the prevention est rates for subsidized Stafford loans. Americans. slush fund, which in the first place was At least it strikes me as very logical It is time for the President and Con- created out of dollars that were alleg- that since these funds were diverted gress to come to the realization that edly saved when the Federal Govern- from the student aid fund in the first we have to shift our focus away from ment took over the student loan pro- place to pay for ObamaCare, we ought election-year standoffs and come to- gram, which happened as a part of to recapture some of those funds to gether to focus on changing the course ObamaCare. Not a lot of people realize help keep student loan interest rates at of our lagging economy so we can once that because it got buried in the whole the lower 3.4 percent level. again put our young people back to debate over health care. It is particularly interesting that the work, which is the real objective that The student loan program, which President suddenly has taken such a should be our focus. These other issues, used to be administered out of private deep interest in this issue, when in 2007 which are a lot of campaign gimmicks, lenders where they originated and serv- he didn’t even show up in the Senate to a lot of opportunities to politicize this iced the loans, has now been taken over

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6502 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 by the government. In doing so, sav- kansas, I had the opportunity to visit ment-to-population ratio for young ings were counted that were then used some of our State’s excellent univer- adults since 1948. Over half of Ameri- to pay for the cost of the health care sities. While spending an afternoon at cans under 25 who hold a bachelor’s de- bill. So all we are simply doing is say- the University of Central Arkansas, I gree are unemployed or under- ing the slush fund that was created by saw firsthand the innovative ways that employed. Nearly 25 million adults live the funds that supposedly were saved UCA promotes undergraduate edu- at home with their parents not out of by moving the student loan program cation in all areas, including science, choice but because they can’t find into the government ought to be used arts, nursing, and business. For in- work or earn enough to survive on for student loan fund programs to actu- stance, the university’s nursing pro- their own. Any way we cut it, college ally keep the funds that ought to be gram has entered into a partnership graduates ready to chase the American used to fund keeping the interest rate with a local hospital that will dramati- dream have a huge roadblock awaiting low, down at 3.4 percent for college stu- cally help address our State’s growing them in this economy. We have to stop dents today. As I said, it seems very nursing shortage. this trend. We have to work together. fitting to me, very logical, and very in- One day later I was at the University While giving Arkansas students ac- tuitive that would be the way we would of Arkansas-Little Rock to see its cess to the very best education possible fund this. brandnew nanotechnology center. It is at an affordable rate, we must also But to suggest for a minute that quite amazing. It is a state-of-the-art work to ensure there is a healthy job somehow Republicans in the Senate are center that prepares students for a fu- market awaiting them upon gradua- not in favor of keeping interest rates ture in the exciting new world of nano- tion. at as low a rate as possible for our col- technology, which in layman’s terms is Earlier this week, the Senate major- lege students is completely missing the working with matter on an atomic and ity brought forth its bill to extend the point. It is massive election-year poli- molecular scale. lower interest rate on federally sub- tics, and I hope we can get away from Arkansas is well poised to take ad- sidized Stafford college loans. I think that and focus on not only a solution in vantage of this exciting new world of everyone in this body agrees this needs the near term with this issue but also economic opportunities and capitalize to be done, and I am confident we will the bigger issue. on nanotechnology breakthroughs dis- find a way to accomplish it before the The bigger issue is the fact that I covered in UALR and other univer- deadline. But the reason the Senate just mentioned, that literally one-half sities throughout the State. By pooling majority’s proposal failed is that it is of all college students who are coming the brain power of academic and cor- the wrong approach. out are either not finding jobs or are porate partners throughout the State, Their proposal funded the extension underemployed. Those who are finding the center’s research is sure to lead to by raising taxes on our small busi- jobs are making significantly less than advances in the field of nanotechnol- nesses. This idea of taxing and spend- those who graduated just a few years ogy. ing our way out of our fiscal mess is These innovative programs at UCA ago. That is an economic problem. why the economy has not rebounded. and UALR are perfect examples of how That is a problem that needs to be ad- Continuing down this path will only Arkansas’ universities are moving for- dressed not by simply having a debate make it harder for graduates to enter ward with the future in mind. Our about student loans but what we are the workforce. higher education institutions are in an going to do to get this economy grow- Let’s do what we all agree needs to elite class. We are blessed with top- be done and extend the low-rate loans, ing again and get American businesses notch facilities and premier educators. but let’s be smart about how it is paid creating jobs. But that comes at a price. We need to make it less expensive The increasing mandates that Arkan- for. The proposal supported on this side and less difficult for American busi- sas—and every State for that matter— of the aisle is identical to the version nesses to create jobs, not more expen- are facing as a result of ObamaCare that passed the House in a bipartisan sive and more difficult, which is pre- hurts our ability to fund our State manner. It freezes the rate for 1 year cisely what is happening as a result of schools. The extra burden placed on the by using money from an unused the policies coming out of this admin- State’s Medicaid Program means much ObamaCare account to pay for it. This istration in the form of regulations and less money to spend for education. Our money is just sitting there, obligated many of the legislative initiatives that universities are forced to raise their for a program that is not operating, are coming out of the Congress or at tuition to cover the shortfall. Higher and the President already proposed least proposed to come out of the Sen- tuition puts the dream of college out of cutting it in his own budget. It is like- ate. reach for many young Americans. This ly this money will never be spent. So I wish to work with my colleagues on is why the Stafford student loan pro- let’s use it for a reason we all support: solutions that will put Americans back gram is so important. Loans help stu- protecting student loans. to work and give our college graduates dents overcome obstacles they face Student loans are supposed to in- greater opportunity, greater hopes for when it comes to accessing a quality, crease access to college by helping mil- a higher standard of living and higher affordable education. My three daugh- lions of Americans earn a college de- quality of life, something many of us ters attended college, so I am well gree. The student loan program should have inherited from those who came aware of the financial toll tuition be a gateway to the workforce, not a before us. These opportunities are in- takes on a family’s finances. barrier. Any extension of the low-rate creasingly at risk and in jeopardy be- So we have to fix this issue con- loans paid for by tax increases is sim- cause of the amount of spending and cerning the interest rate increases be- ply that—a barrier—because tax in- the amount of debt and the policies fore July 1. These interest rates should creases stifle job creation. Let’s fix the coming out of Washington that are not be allowed to double. But the trou- problem without making our economic making it increasingly difficult for us bles facing young Americans are great- situation worse and get America work- to come out from underneath an econ- er than rising interest rates for student ing again. omy that has anemic growth and loans. With that, I note the absence of a chronic high unemployment. For our graduates, it doesn’t matter quorum. I yield the floor. from where one gets one’s degree if The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- there are no jobs to be had once a per- clerk will call the roll. ator from Arkansas. son has a diploma in hand, and that is The legislative clerk proceeded to Mr. BOOZMAN. First, I wish to the problem with the job market our call the roll. thank the Senator from South Dakota young people are graduating into The PRESIDING OFFICER. The Sen- for his leadership in this area and very today. ator from South Dakota. much agree with the comments he just The reality is it is a tough time to be Mr. JOHNSON of South Dakota. Mr. made. Last week, while home in Ar- young. We have the lowest employ- President, I ask unanimous consent

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6503 that the order for the quorum call be the Senate bill that will add trans- PASSWORD PROTECTION ACT rescinded. parency and accountability require- Mr. BLUMENTHAL. Mr. President, The PRESIDING OFFICER. Without ments for the bank, improve the bank’s privacy is a fundamentally and almost objection, it is so ordered. information technology infrastructure, uniquely American value. It is the rea- Mr. JOHNSON of South Dakota. Mr. extend the bank’s Sub-Saharan African son the Colonies rebelled—one of the President, I rise in support of H.R. 2072, Advisory Panel, and provide for greater major reasons they rebelled—against the Export-Import Bank Reauthoriza- oversight of the bank’s financing and the British. The invasion of our homes tion Act of 2012. I believe this jobs leg- any risks it might have to taxpayers. by British soldiers without court ap- islation will help provide U.S. export- I am also pleased the House included proval, the lodging of those soldiers in ers and workers with an important tool language that strengthens restrictions our homes without permission—the in- to compete in the global marketplace. against companies doing business with vasion of the fundamental rights of pri- The Export-Import Bank is the offi- Iran. These provisions, which reflect an vacy was one of the basic reasons this cial export credit agency of the United earlier agreement by the House and Nation sought independence from the States, and it assists in financing the Senate committees of jurisdiction, are British. So throughout our history, pri- export of U.S. goods and services to vital to our efforts to increase the pres- vacy has been a value, a fundamental international markets. Following the sure on Iran’s illicit nuclear program. I right affirmed again and again in our financial crisis, the bank experienced a believe they are important provisions courts, enshrined in our Constitution dramatic increase in its activities as that strengthen the bill, and I am glad and ingrained in our way of life. many companies struggled to find fi- the House included them. That is the reason so many of us were nancing in the private market. Last Lastly, the legislation includes the offended and regarded as reprehensible year, the bank committed almost $33 Senate’s language on domestic content. and repugnant a practice that was re- This language, which is supported by billion in support of U.S. exports, a vealed recently—a practice involving labor groups, has important protec- employers coercing and compelling the new record. tions in it to ensure that goods ex- The bank has been self-funding since disclosure of log-in information, user ported by the bank continue to be 2008, returning nearly $2 billion to the names, and passwords to private ac- made in America. Although there were counts and private systems by job ap- Treasury. In fiscal year 2011 alone, the efforts in the House to weaken this plicants. And the same kind of coercion bank generated $400 million to offset provision, I am pleased to see the and compulsion applied to current or Federal spending and bring down the House accepted the Senate’s position existing employees as a condition of budget deficit. When other countries on this important issue. their continuing in their jobs. That are helping their own companies with After multiple short-term extensions, kind of practice is abhorrent, and it is export financing, we cannot afford to I am relieved to see that this Congress the reason that yesterday I, along with unilaterally disarm in the face of this will finally reauthorize the Export-Im- a number of my colleagues from both global competition. port Bank. I believe by reauthorizing this body and others from the House of The Export-Import Bank’s charter di- the Export-Import Bank, we are taking Representatives, introduced the Pass- rects it to use exports to support an important step in supporting Amer- word Protection Act of 2012. American jobs, and last year the Ex- ican businesses and workers. I com- These practices are unacceptable for port-Import Bank supported almost mend Minority Whip HOYER and Major- a number of reasons. An employer has 290,000 Americans jobs. These are jobs ity Leader CANTOR in the House for plenty of ways other than accessing in cities and towns across the Nation, coming to an agreement. I also thank private accounts—Gmail, storage data, at large companies as well as small Majority Leader REID for his tireless and accounts on Facebook or other so- businesses. In fact, last year the Ex- efforts in working to reauthorize the cial networking sites—to obtain infor- port-Import Bank financed more than Ex-Im Bank. mation that is relevant to employer $6 billion in exports by small busi- As chairman of the Banking Com- needs and interests in offering a posi- nesses. In my home State of South Da- mittee over the next few years, I will tion to someone. There are other kota, Ex-Im has worked with large and continue to closely monitor the efforts means that are adequate and accept- small businesses to help export goods of the Ex-Im Bank to ensure that it is able. What is not acceptable is coercing all over the world. effectively and efficiently supporting and compelling access to an applicant’s Last September, there was unani- American exporters and workers. e-mail account, which could contain all mous bipartisan support when we Today I urge all my colleagues to sup- kinds of personal information that is passed a 4-year reauthorization bill out port this legislation. inappropriate and unnecessary for an of the Banking Committee. Unfortu- I yield the floor and suggest the ab- employer to know, information that is nately, that measure was blocked on sence of a quorum. irrelevant, in fact, to the terms and du- the Senate floor in March. The PRESIDING OFFICER. The ties of a person’s employment. The legislation before us today re- clerk will call the roll. Second, the disclosure itself endan- flects a bipartisan compromise devel- The legislative clerk proceeded to gers the security of that applicant’s oped in the House. While this bill is not call the roll. personal data as well as the Web sites Mr. LEAHY. Mr. President, I ask perfect, I believe it is important to themselves. Too many careless compa- unanimous consent that the order for pass this legislation and ensure that nies too often have lost customer data the quorum call be rescinded. the Export-Import Bank is able to con- or employee information, allowing it The PRESIDING OFFICER. Without tinue providing financing assistance to to be breached through poor security objection, it is so ordered. American exporters and workers. practices. That is the reason I have (The remarks of Mr. LEAHY are print- This is a jobs bill. Earlier this week, proposed a measure that would require ed in today’s RECORD under ‘‘Morning the House passed this bill by an over- Business.’’) safeguards of that data—a separate whelming majority, 330 to 93. This bill Mr. LEAHY. Mr. President, I suggest measure that is before this Chamber extends the authorization of the bank the absence of a quorum. now—to ensure adequate remedies until 2014. Like the Senate bill, this The PRESIDING OFFICER. The when there are breaches and to require legislation will increase the bank’s clerk will call the roll. systems in place by employers to guard lending authority to $140 billion. This The legislative clerk proceeded to that information. An applicant who is a significant improvement over ear- call the roll. takes care to use encrypted networks lier drafts in the House to only in- Mr. BLUMENTHAL. Mr. President, I or other personal safeguards may find crease the cap to $113 billion. Adopting ask unanimous consent that the order his or her personal information—finan- the Senate’s proposed lending author- for the quorum call be rescinded. cial data, medical information— ity limit helped to improve this bill. The PRESIDING OFFICER (Mr. breached through no fault of his or her There are also additional provisions in BROWN of Ohio). Without objection, it own simply because the company fails the House bill similar to provisions in is so ordered. to take adequate steps to safeguard it.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6504 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 There is another reason these prac- retaliation. An employer who violates vacy against abhorrent invasions in tices are abhorrent; that is, identity these legally required duties is subject the workplace and elsewhere that have theft by the employer itself—a con- to a penalty of $10,000 per violation. no place in American life. tinuing danger. That kind of potential This act will protect employees from Mr. President, I yield the floor. danger is a real one that certainly unreasonable invasions of their pri- The PRESIDING OFFICER. The sen- raises this interest very squarely. vacy—unreasonable invasions that ior Senator from Rhode Island. But maybe as important as any of have no commonsense basis—and it STUDENT LOAN INTEREST RATES these other interests is the danger of prevents unintended consequences. It Mr. REED. Mr. President, unless we compromising the security of third doesn’t prohibit social networking act quickly, students across the coun- parties—loved ones, family, friends— within the office on a voluntary basis, try will face the largest increase of who have entrusted the person who is it does not bar employers from con- subsidized student loan interest rates applying for a job or who is employed ducting valid investigations of mis- in more than 40 years. In the last 40 by a company that breaches its respon- conduct, it does not prevent an em- years, the interest rates on subsidized sibility by demanding this information. ployer from controlling the company’s student loans have never doubled from When an employer logs in to an em- own system—its own Facebook ac- one year to the next. Yet that is what ployee’s personal account, he sees that count, for example—and it provides is happening unless we act before July employee’s e-mails with his or her that States may exempt certain cat- 1—just 52 days from now. spouse or Facebook pictures of siblings egories of employees, such as individ- Unless my colleagues on the other and children. Those parties are com- uals who deal with children who are side of the aisle relent and allow legis- pletely unaware that one of their under 13 years of age or Federal em- lation to fix this problem to come to a friends’ or family members’ employers ployees who may have access to classi- vote, we will see a doubling of the stu- may be reading their correspondence or fied or secure national security infor- dent loan interest rate from 3.4 percent looking at their pictures. Imagine a mation. The bill also provides for rea- to 6.8 percent for all borrowing going daughter who tells her mother of a sonable exemptions that State law may forward for education in the United pregnancy, a son who acknowledges an make for State employees who are in- States related to the subsidized Staf- addiction to a parent, a father who volved, for example, in law enforce- ford loan program. I know the Pre- speaks of his wife’s illness in con- ment or corrections. siding Officer of the Senate, Senator fidence to his children. Each has an ex- Like so many in this body, I have BROWN of Ohio, has been taking an ac- pectation of privacy that is betrayed heard from countless Connecticut citi- tive leadership role on this front, along and violated when an employer de- zens who are not only offended but out- with Senator HARKIN, to ensure we can mands log-in information, user names, raged by these practices reported in move effectively to prevent this dou- or passwords from a job applicant or a the press. Fortunately, many employ- bling of the interest rate. We are now in a time where, if you current employee. The impact is not ers have shown they get it, they under- look across the financial industry, bor- only on that employee or job applicant stand this deeply held value, and they rowing rates are at historical lows. We but on innocent loved ones—friends, have rejected these possible practices. are essentially providing banks, Many who might have been contem- family—whose confidential informa- through the Federal Reserve, with near plating engaging in them have likewise tion, e-mails, and other data may be zero percent interest loans. So it is in- retreated and reversed their decisions. exposed. comprehensible that at this time, we Of course, when information is ex- So merely shining a light, pointing the would actually double the loan rates posed in this way, there is the danger spotlight, and raising the issue has we would charge students who are of discrimination based on marital sta- brought many employers to understand going to college. Students and families tus, sex, gender, and other kinds of pro- the commonsense force of objections to cannot absorb these increases. It is a hibited categories. So barring the com- these practices. tough economy, and they are facing I wish to thank grassroots groups, pelled disclosure of this information rising tuition and dwindling State sup- such as the 57,000 citizens at Bold Pro- actually is an aid to the employer be- port for higher education, making it gressives, who signed a petition at cause it ensures that none of these hir- more difficult and more complicated. ProtectOurPasswords.org to let Wash- ing or firing decisions is based on a To add to their burden by doubling this ington know—57,000 of them strong— prohibited category or discrimination. loan rate is bad public policy. The Password Protection Act ad- they reject the idea that their employ- This will not only directly affect dresses all these concerns and prohibits ers will force them to hand over this middle-income Americans, but in the employers from forcing prospective or personal, private information. I thank longer run, it will affect the competi- current employees to hand over per- the activists at Access Now, who are tiveness, the productivity, and the suc- sonal, private financial information similarly generating a groundswell of cess of our economy in a very competi- that has no place in the hiring process. support for this initiative and working tive global economy. The bill prohibits an employer from to protect employees’ rights on the job. We have to ensure also that we are compelling or coercing an employee or I also wish to thank companies such as not piling more and more debt on stu- prospective employee to provide access Facebook, Twitter, Microsoft, and dents. We have reached a point where to a private system as a condition of Google, which have cooperated and student debt is becoming so extraor- employment. This means an employer support this effort because they have dinarily difficult to bear that it inhib- cannot compel a prospective or current an interest in preventing invasions of its people from going to school and it employee to provide his Gmail pass- privacy, demands for information that inhibits them from pursuing various word, and an employer cannot force an are unnecessary, repugnant, reprehen- professions after they graduate from employee or prospective employee to sible, and unacceptable. I thank all of college. If we add to this mountain of log on to a password-protected account them for working with us on this legis- debt, we will create a huge financial so the employer may browse the ac- lation. problem going forward not just for the count’s content. Finally, I thank Senators SCHUMER, individual borrowers, the student bor- The Password Protection Act also KLOBUCHAR, SHAHEEN, WYDEN, SAND- rowers, but for our economy. very importantly prohibits retaliation, ERS, and AKAKA, as well as Representa- According to Georgetown Univer- which is a danger with current employ- tives HEINRICH and PERLMUTTER on the sity’s Center on Education and the ees. That retaliation could take all other side of this body, for working Workforce, over 60 percent of jobs kinds of forms, but the demand for log- with me in introducing this bill. I am going forward will require some post- in information, user names, or pass- hopeful the Congress will consider it secondary education by 2018. words certainly creates a kind of pre- promptly and successfully because I That underscores the essential need sumption that the refusal to do so think it sets a marker and provides a to go to college. In 2010, only 38.3 per- prompts action that can be regarded as milestone in protecting individual pri- cent of working-age adults had a 2-year

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6505 or 4-year degree. So we are looking at corporations. The sole proprietors are ad- other proposals with respect to tax a gap of the prepared individuals with vised that they can save thousands of dollars loopholes or the ways in which we can a college education versus those jobs in a year in employment taxes simply by incor- pay for this other than the proposal the the not-too-distant future that will re- porating. It is also possible on the Internet House has suggested—which is go into to gauge the size of the savings using com- quire a college education. In order to puter-generated savings amounts based on the prevention funds for health care re- fill that gap, we have to get more and the user’s entries for anticipated profits and form, which to me is adding to and more young people into school, into chosen salary levels. Not surprisingly, the compounding not only our fiscal prob- higher education and beyond, and by lower the salary chosen, the higher the sav- lems but also going forward to our doubling the rate we will not be achiev- ings become, reaching maximum savings at a health care problems we are open to ing that goal and that objective. salary level of $0. discussing them. That is why I introduced the Student Essentially what is being done in We are right now recognizing that Loan Affordability Act in January to these professional corporations—or at unless we aggressively have prevention permanently keep the interest rate least professional partnerships, these programs, our health care costs will ex- low, and that is why I was joined by professional associations—is that they plode going forward. Every day, people Senator BROWN of Ohio and Senator have glommed onto a very clever tax talk about the increasing cost of obe- HARKIN and many others, to step up shelter. You incorporate as a sub- sity in this society. Well, how do you and to make it quite clear that we can- chapter S; you have your employer pay get essentially a handle on that? You not afford—for our country’s sake and the subchapter S corporation; that sub- have to have resources for prevention, for the sake of many working-class chapter S corporation pays you a mod- for counseling, for education, for nutri- families across the country—to double est minimal salary, and the rest is divi- tional programs. When we take those this rate. dends taxed at a different rate and not funds away, we run up the bill for We should be debating today the Stop subject to the payroll tax. We are try- health care. That bill ultimately is the Student Loan Interest Rate Hike ing to close the tax loophole. Following being paid, in many cases, by the same Act. This is a fully paid-for 1-year ex- the indications of the inspector gen- families who are struggling to find a tension of the current rate, to extend it eral, a simple Internet search confirms way to send their children to college. for a year so we can look for a more this finding. I urge all of my colleagues to move permanent fix. My colleagues on the For example, one Web site has a sec- to get this bill on the floor. If we want other side of the aisle insist they agree tion entitled ‘‘How to Reduce Your to debate about different methods that we have to do this, yet they con- FICA Taxes If You Own an S-Corpora- about payment, that is fine; let’s take tinue to filibuster this legislation. tion.’’ That section provides a step-by- votes, and let’s move on to passage. I think we understand that time is They continue to prevent us from step instruction on how to use this running out. On July 1, the interest bringing it to a vote. It is clear they loophole and even provides advice on rate will double. We have seen progress have an alternative view in terms of how to avoid being caught up in an going back a few months. Our col- how we pay for it. Well, let’s put that audit. The Web site advises owners of S to a vote, but let’s not stop dead in its leagues on the other side were pro- corporations to pay themselves the posing budgets that recognized—in- tracks a policy that both sides claim lowest possible salary to reduce their has to be fixed and that we have to deed, supported—the doubling of this FICA taxes—even if the distributions interest rate. In March and throughout avoid the doubling of this interest rate. they take are a product of their labor. What we have done is propose to fix the spring, they were assuming and Here is how the Web site explains they were supporting measures to dou- this problem and pay for it in a fiscally how to take advantage of this loophole: responsible manner by closing a glar- ble the interest rate. The good news It explains that as an employee of your now is they have said, no, you can’t do ing, egregious loophole in the Tax Code S corporation, your salary is subject to that enables certain wealthy individ- that, we have got to keep the rate at Social Security and Medicare taxes, 3.4 percent at least for the next year. uals to shirk their responsibility to but the net profit of the S corporation pay payroll taxes. This loophole pre- We are one step closer to a solution, is not subject to payroll taxes. The but the final step is going to have to be dominantly benefits professional serv- Web site goes on to explain: ice providers such as accountants, lob- responsibly paying for this proposal. . . . the idea is to pay yourself the lowest And we have—Senator BROWN, Senator byists, and lawyers who derive all of possible salary to minimize social security their income from their professional HARKIN, myself, Senator HARRY REID, and Medicare taxes. Then you take the re- and so many others—not only a respon- labor. But because they choose to maining net profit as a distribution, which is mischaracterize their income as a dis- not subject to payroll tax. sible way to pay for it, but we have un- derscored and highlighted what is an tribution from a subchapter S corpora- This is a loophole we are trying to egregious loophole, a tax shelter, a tion instead of wages, they avoid pay- fix. This loophole should be fixed re- very clever ploy to avoid paying taxes ing payroll taxes. gardless of how we use the proceeds; on your wages through the mechanism In 2005, the Treasury Inspector Gen- but, frankly, we have a situation now of a subchapter S corporation magi- eral for Tax Administration issued an where we have a pressing need to help cally converting them into dividends. audit report calling for action on this families across this country avoid a loophole which was described as a I think we can accomplish two im- doubling of the interest rate on student portant public policy goals in this leg- ‘‘multibillion dollar tax shelter.’’ loans, and we have an egregious loop- The report also described a dis- islation: keeping interest rates on stu- hole that will allow us to responsibly dent loans at the current level, helping turbing trend of businesses changing pay for the maintenance of the lower their status to the subchapter S cor- families send their children to school; interest rates. This seems to be an and closing a glaring loophole for tax poration for the purpose of avoiding issue where public policy is well bal- payroll taxes—not for the purposes of dodgers in our tax system. anced. Mr. President, I yield the floor, and I expanding employment, not for the We are told by our colleagues they purposes of a new or more efficient way suggest the absence of a quorum. agree with us you can’t double the in- The PRESIDING OFFICER. The to use capital, but essentially a tax terest rate. They should also agree clerk will call the roll. dodge to avoid payroll taxes. with us you can’t continue to tolerate The bill clerk proceeded to call the The inspector general reported: this loophole; and this is not only an roll. In fact, advising small businesses to shel- appropriate way, but, indeed, it seems Mr. BROWN of Ohio. Madam Presi- ter earnings from self-employment taxes to me the best way to achieve our ob- through the formation of S corporations has dent, I ask unanimous consent that the become a cottage industry. A search of the jective of preventing the increase to order for the quorum call be rescinded. Internet yields multiple sites that offer ad- doubling of the student interest rate. The PRESIDING OFFICER (Mrs. vice, assistance, and encouragement to sole We are working very hard to try to HAGAN). Without objection, it is so or- proprietors to convince them to become S get this bill up for a vote. If there are dered.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6506 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 Mr. BROWN of Ohio. Madam Presi- who graduates from an Ohio 4-year uni- I worked hard in my classes, graduating dent, I ask unanimous consent the versity graduates with debt of about Phi Beta Kappa and summa cum laude in order for the quorum call be rescinded. $27,000. That means it is much harder two majors: Chemistry and English. I worked The PRESIDING OFFICER. Without hard in my co-curricular activities, editing for them to start a family, to buy a the college literary magazine and serving as objection, it is so ordered. car, to buy a home, to start a business. president of the campus feminist organiza- Mr. BROWN of Ohio. Madam Presi- That is why it is so important not to tion. I also worked hard in my on-campus dent, I want to join Senator REED of heap more burdens on them, put more jobs: grading papers for the French depart- Rhode Island, who just spoke very per- debt on them. ment, tutoring in the Writing Center, mixing suasively about the need to freeze in- I will close by reading three letters. reagents in the Chemistry stockroom, and terest rates for Stafford loans for col- Cody from Delphos, OH, northwest washing dishes in the student union diner. lege students in America. He also Ohio: With the outstanding education I had ob- tained—and a manageable amount of student spoke, I thought very convincingly, I graduated high school with the goal in loan debt to repay—I chose to go to graduate about closing a tax loophole that has mind to get my doctorate in pharmacy. After school in Chemistry. I earned a Ph.D. from clearly been used to avoid—legally— five years of hard work I am 9 months of Stanford University in 2003 and am now a taxes by lobbyists, consulting groups, practice rotations away from achieving my tenured professor of Chemistry and Bio- lawyers—all of whom are using this tax goal. chemistry at Oberlin College in Oberlin, OH. Along with that achievement comes a I teach bright young people who are inter- loophole to the tune of tens of thou- paralyzing amount of college debt from at- sands of dollars, in many cases. The ested in making the world a better place. I tending a private university. also conduct research on ovarian cancer de- case of former Senator John Edwards In addition, I have hopes of doing an addi- tection that has been funded by the NIH. and his law firm—not like most law tional two years of residencies after I grad- This is my dream job, and it began with the firms but in his law firm—and former uate to specialize in critical care/trauma, access to an excellent education. Speaker Newt Gingrich, one a Demo- but since residencies pay less than half of a It breaks my heart to think that if I were crat and one a Republican, have shown pharmacist’s salary I may not be able to go a high school senior today, I might not have further and reach my goal of becoming a the same opportunities to achieve. The Staf- the size of this loophole and how it can clinical pharmacist specialized in critical turn into tens of thousands of dollars. ford loans, Pell grant, and federal work- care/trauma. study programs helped me become the edu- I am not accusing either of these gen- Help me reach my goals by keeping inter- cated person I am today. est rates low and helping create affordable tlemen of doing anything illegally— These three letters were not different only taking advantage of a loophole we means by which those from low income fami- lies can attend college without having to ac- from the others. I just picked the top should close. three my staff gave me from stories we I come to the floor to make the case cumulate the debt I have had to. Allow youth to reach their full potential have gotten because of our Web site. I how important these subsidized Staf- and be able to serve society in their best ca- will repeat the Web site: ford loans are to college students. In pacity by finding a solution to the rising brown.senate.gov/collegeloanstories. my State of Ohio—as in the State of cost of an education. This tells us about work ethic. It the Presiding Officer, the State of Nonya from Wooster, OH, east of tells about opportunity. North Carolina—we have hundreds of where I grew up in Mansfield, about 30 I will illustrate it in one other way. thousands of students using these Staf- miles away, writes: I cannot do it as well as Nonya and Re- ford subsidized loans; in Ohio, some Going to College changed my life and my becca and Cody did, but we all remem- 380,000; in North Carolina I assume it is whole family’s lives. The only reason I even ber, if we paid attention to our history, not too far off that. Students have en- considered going to college was because my in the forties and fifties, the GI bill joyed, if that is the right word, 3.4 per- mom did. The only reason she was able to go gave literally millions of young Amer- cent interest rates on their loans rath- was student loans. And because my oldest ican men and women returning from er than something higher. daughter saw my mom and I doing it she is serving their country the opportunity What is discouraging is that this was now attending college. My family had a rough beginning, my to go to school. What the GI bill did a bipartisan effort. In 2007, the year I mother and I both survived sexual abuse and was help millions of individual Ameri- came to the Senate, President Bush the disease of addiction before finding a solu- cans, one at a time. But what that did and Democrats, the majority in both tion. School has been our way out. My moth- collectively is it raised all boats. It Houses, joining with many of my Re- er now has a bachelor’s and is working as a created a huge amount of prosperity publican colleagues in this body and licensed social worker. I am on my way to a for our country because all these peo- the House of Representatives, locked in bachelor’s as well. ple went to college. the subsidized Stafford student loan How could I in good conscience say to my A lot of these people bought homes. rate of 3.4 percent for 5 years from 2007 daughter ‘‘go to college’’ if I know she’ll never be able to pay off her loans. I have Colleges were growing and expanding, until this July. That expires in July. It never had a job as long as I have had the one creating more jobs. These people start- was bipartisan then; it should be bipar- I have today. ed businesses. These people were pro- tisan now. But a couple days ago the I am a student assistant at Wayne College ductive workers. These people invented Republicans filibustered. I am hopeful and if it weren’t for the availability of school things because they had the education, today or whenever this next vote is loans I would have never stepped foot in the from going to college. taken they will not. building that is now the center of my world With these Stafford loans, it is not I am going to, for 3 or 4 minutes, read and my daughter’s. We go to school to make a better life for just helping Cody and Rebecca and a small number of letters, stories I ourselves . . . . Nonya and students today, it is helping have gotten from students in my State Rebecca from Lorain, where I lived all of us as a society, whether one goes of Ohio who have come to my Web site for many years, near Lake Erie: to college or not. Some people don’t and told us their stories. I urge people want to go to college. Fine. We have When I matriculated at Lawrence Univer- in Ohio to come to this Web site, sity, a private liberal arts college in Apple- career centers and trade schools and brown.senate.gov/collegeloanstories. ton, Wisconsin, my family could not afford community colleges to learn welding, Just tell us your story. to contribute more than a few hundred dol- to learn carpentry, to learn how to be I am not so cynical, but I think when lars a year to my tuition, fees, and other ex- a health care worker, to learn rad tech, my colleagues start listening to people penses. I was Pell grant eligible. I took out whatever people want to do, or go to a at home, listening to students—I was Stafford loans. I also took out a private loan 4-year college. Give them the oppor- at Wright State College near Dayton from my parents’ credit union and com- tunity because we don’t just help mil- the other day and the University of mitted to the full number of hours of federal lions of Americans or millions of indi- Cincinnati and Cuyahoga in Cleveland. work-study that I was eligible for. Even as a college freshman, I was deeply aware that vidual young people, we help society as I met with students and I listened to the Pell grant, Stafford loans, and federal a whole when we do this. their stories. Several of them stood and work-study programs were giving me access I pray and beg my colleagues, please talked about what these student loans to an excellent education that otherwise pass this, keep student loan rates man- mean. Already, the average student would have been beyond my reach. ageable, interest rates manageable so

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6507 we can have more Rebeccas and Nonyas studies and planning at the University of together and give our students all and Codys in our country. We will all Colorado, Denver. I am the first of my family across the country the security they benefit. to attend college and 100 percent of my need to pursue their education. For I suggest the absence of a quorum. schooling is paid for by grants and student them this isn’t a game. For the people The PRESIDING OFFICER. The loans. I worry about the interest rate hike that is bound to happen this summer, and who came to the University of Colo- clerk will call the roll. rado at Denver a month ago and shared The bill clerk proceeded to call the with the economy not in full recovery I worry even more about securing a job after their thoughts with me, this isn’t a roll. graduation and how to afford repayment of game. This is real life. It is their lives. Mr. BENNET. Madam President, I my loans, especially if interest rates are to It is their futures. They are relying on ask unanimous consent the order for increase. us to sort this out and get it done, and the quorum call be rescinded. As the Presiding Officer probably we should. The PRESIDING OFFICER. Without knows, in her State and my State, col- Mr. BENNET. Madam President, I objection, it is so ordered. want to take the opportunity to dis- Mr. BENNET. Madam President, dur- lege attendance is actually at a record ing the worst recession since the Great high because there are young people all cuss the importance of reauthorizing Depression, which we are now fortu- over this country—certainly in my the Export-Import Bank. Last month nately coming out of, the highest the State—who have sought refuge on our while in Colorado I had an opportunity unemployment rate ever got, even at university campuses from an economy to visit innovative businesses such as the depths of that recession, for people that doesn’t have jobs for them—which Coolerado, which creates energy-effi- with a college degree was 4.5 percent. is a great place for them to be. It is a cient air conditioners, Sandhill Sci- We saw unemployment rates of 18 per- great investment in them and a great entific, which manufactures medical cent, 20 percent for certain groups of investment in our future. But for Jere- devices, and Leitner-Poma, which people—4.5 percent if one is a college miah and thousands of others, millions builds gondolas for ski resorts. They graduate. It seems to me, first of all, of other students just like them, we are are building the gondola that is being that is an incredible stress test of the threatening, through our inaction, to installed in Vail this year to mark value of a college degree in this 21st actually drive up the cost of college Vail’s 50th anniversary. It was fun to century in which we are living. We when that is where they need to be. see those American jobs being created ought to be making it easier, not hard- That is the reason why, in the last 2 for that great American industry. er, for students to go to college. How- weeks, more than 1,300 Coloradans have All of these companies rely on fi- ever, as we know, interest rates on written to my office to demand Con- nancing options from the Export-Im- Federal student loans are scheduled to gress act to prevent the student loan port Bank to help them compete in the double from 3.4 percent to 6.8 percent interest rate from doubling. international marketplace. In fact, on July 1, unless Congress can get out Here is one letter I received from while visiting Coolerado, I actually saw of its own way and do what is right. Kim Haas, who is from Granby, CO. an 18-wheel truck back up to the load- For the life of me, I don’t know why we She wrote: ing dock at Coolerado to load a bunch cannot come to an agreement. This is While I try to keep informed, I don’t gen- of their devices to be shipped to Europe not a Democratic or Republican issue. erally make a point to contact my represent- as a consequence of the work they had The cost of college has increased 550 atives. On the issue of student loan rates done with the Ex-Im Bank. percent since 1985. Two-thirds of stu- doubling, I had to speak up. These are manufacturing jobs right dents in this country rely on loans to My husband and I live in rural Colorado. I here in the United States, stamped have been working toward becoming a pro- afford college. In the past decade, aver- ‘‘Made in America’’ on the outside of fessional counselor. Because of our remote these devices, and we have been unable age student loan debt has increased by location, I have done most of this online more than 25 percent. while staying home with my son. This takes to get this through the Senate. This, by the way, is not a function of a lot of self-motivation and time manage- Coolerado used credit insurance from people not doing the right thing. It is a ment skills. It also means taking on a lot of the Export-Import Bank to help enter function of the fact that median family debt. Please take the actions necessary to the international market. income has continued to decline in this prevent my rates from doubling. It is imper- As we emerge from the worst reces- country for the first time in this coun- ative to our financial, vocational, and life sion since the Great Depression, we try’s history, while the cost of college success. should look for more opportunities to has escalated like crazy. If this in- Her life success. I suspect that most support the next Coolerado, Sandhill crease goes through, it would add thou- of these students are not all that inter- Scientific, or Leitner-Poma. Instead, sands of dollars of debt to the more ested in what party affiliation they are we have been in this prolonged debate than 166,000 Coloradans who currently in. I think if they were here on this about the very existence of the bank, receive Federal student loans. Increas- floor, which is empty today, they could and now we are weeks away from the ing the cost of loans for students al- use some Colorado common sense to expiration of the bank’s charter. ready struggling to repay their loans actually get this done. In the Senate I am quite sure there is not a single harms both individual students and our and in Washington today we are facing one of our international competitors fragile economy. a filibuster even though we know in around the world that is engaged in When I visited the University of Col- the end we are going to find a way to this debate. In fact, they are engaged orado at Denver just last month, I do what is right and keep these inter- in absolutely the reverse, which is the heard firsthand from students about est rates from rising. question of how to create more exports how important low interest rates are Also, our Facebook page is contin- for their domestic industries, and we to that ability to afford college. Many ually updated. This is from Phil Town- should be doing the same. of the students I heard from were wor- send who wrote in—and I thought this As we look to strengthen and to re- ried their student loan debt would pre- was a pressing question about what we verse that curve I talked about earlier vent them from achieving their career are focused on today. of median family income falling and to goals or buying a house or making Here is how Phil put it: see rising wages again in this country other decisions they are confronting. If you had a loan that would take you a and create more jobs, we should be In Colorado, the average student grad- decade to pay off even if you lived as cheap looking for opportunities to increase uates with more than $23,500 in debt. as possible and only ate ramen noodles, exports at small businesses like the Just in the last hour, Jeremiah shared would you want its rates doubled? ones I saw in Colorado. the following story with me on This is real life for the people we rep- We face a profound structural issue Facebook. This is less than an hour resent, and we should get this sorted in the economy today in this country. ago. He wrote: out. As I said on the Senate floor before, I am studying geography and environ- Once again, I urge my colleagues, our gross domestic product is now mental science with an emphasis on urban Democrats and Republicans, to come higher than it was before we went into

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6508 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 this recession, and productivity has from the United States? If the answer and more accountability to this insti- been going off like a skyrocket since to that is no, we should stop doing it. tution. the early 1990s. As we responded to This has to be more thoughtful than a The bill we will have before us, hope- competition from China and India, the fight between one narrow interest and fully later today, does that, because if use of technology to make businesses another narrow interest. I think the we fail to act, the authorization for the more efficient and the recession itself American people are demanding that, Export-Import Bank expires at the end drove productivity through the roof be- and we should respond. of this month, and this tool that is so cause firms had to figure out how to In the short term, the work in front important to growing exports, growing get through these difficult times with of us now is to get this Export-Import jobs, candidly will be lost. fewer people. Bank bill to the floor, to get it voted The bill we will take up, hopefully Median family income has fallen, and on, and to pass it as they did in the later today or shortly, reauthorizes the we have 23 or 24 million people in this House of Representatives yesterday. Export-Import Bank for 3 years. While economy who are either unemployed or I yield the floor and note the absence I would have preferred a longer exten- underemployed. Wage growth and job of a quorum. sion and a higher limit, higher absolute growth—for the first time in the coun- The PRESIDING OFFICER. The total loan limit, I am glad the bill we try’s history—has decoupled from GDP clerk will call the roll. will deal with increases the bank’s growth. That happened during our last The bill clerk proceeded to call the lending limit from $100 billion to $140 recovery under the previous adminis- roll. billion. tration. I make this statement not as a Mr. WARNER. Madam President, I Remember, our Export-Import Bank partisan observation; that is just the ask unanimous consent that the order is so much smaller than any of our time that it happened. We saw eco- for the quorum call be rescinded. competitors’. Even taking the lending nomic growth, but we didn’t see wage The PRESIDING OFFICER. Without cap up to $140 billion will still mean we growth and we didn’t see job growth. objection, it is so ordered. will pale in comparison to our competi- Now I fear we are seeing the same sort Mr. WARNER. Madam President, I tors. These other nations are who we of trend in our economy. know we are on the motion to proceed are competing with. I think it is impor- There are two important solutions. to legislation dealing with the Ex-Im tant that we compare how our Export- One I mentioned earlier, which is that Bank. I rise today to urge my col- Import Bank—which again in this last education is vitally important because leagues to proceed to this bill and to year made a profit, returned money to if people are educated, they are more move forward and pass H.R. 2072, which the taxpayers, and has been profitable likely to get a job in this 21st-century would reauthorize the Export-Import year in and year out—how our institu- economy. Remember, the worst that Bank. We have a lot of debate on this tion compares with those of our com- petitors: Canada, our largest trading the unemployment rate ever got for floor on how we can grow our economy partner, the Canada that has a popu- people with a college degree was 4.5 and grow jobs. One of the areas where lation size about one-tenth—actually percent. there is agreement is that if America is The other part of that equation is in- going to be truly competitive in the smaller than one-tenth the size of the novation. It is businesses that start to- 21st century, we have got to grow our United States—has their equivalent morrow, next week, and the week after export market. Export-Import Bank three times the size of our Export-Import Bank. that are actually going to create jobs Many American companies over the Every day our Export-Import Bank that are going to lift wages. This is one 20th century were blessed with the and the American companies it sup- world’s largest, most vibrant domestic of the reasons I have been so glad to ports face aggressive competition, as I market. But that market is maturing. work with the Presiding Officer as we mentioned, from China, Brazil, India, On a going-forward basis, literally 95 think of new ways of approaching regu- which all have very large export fi- percent of all the world’s customer lations at the FDA to ask the question: nancing banks in their own right. In base lies outside the boundaries of the Are we driving bioscience in the United 2010 alone China did $45 billion in lend- United States. So while maybe some of States or are we driving venture cap- ing, two-thirds of that to a single com- my colleagues may disagree with many ital offshore to look for other opportu- pany, lending that was supported by of the President’s goals, I think we nities? We should be up day and night their exporting financing operations, would all agree that doubling of ex- thinking about this in the Senate be- while our domestic Export-Import cause that is how we are going to bring ports in a 5-year timeframe the Presi- Bank did just $13 billion in total. So an alignment back between the eco- dent laid out at the beginning of his China, close to over 3 times, supporting nomic growth the economists tell us administration is an area where there their institutions, one of our largest we are having and the job growth and is great agreement. competitors, versus our support for our the wage growth the people at home If we are going to do that, we have to American industry at one-third the want to see. use all the tools we have available be- size. There is a lot of talk in this Chamber cause, unfortunately, right now Amer- That same year, Brazil, a country about winners and losers and how the ican exports as a percentage of GDP much smaller than ours, provided $18 government shouldn’t pick winners and rank behind Germany, Canada, China, billion in export finance; Germany, losers—we hear that a lot here—as if , , the UK, India, Brazil. We more than $22 billion; France, more the current Tax Code isn’t full of are way down in the middle of the than $17 billion; all much more than choices that have already been made pack. As the Chair of the Banking what we do. Each of them only has, as about winners and losers. A lot of those Committee’s International Trade and I mentioned, in total about one-fifth of choices that have been made have been Financing Subcommittee, I have spent our population. made for the benefit of incumbents— a lot of time and effort trying to get So why would we, if we all agree that not here but incumbent enterprises. into the details to see how we can growing trade, growing exports, trying However, it is the innovators that we make the Export-Import Bank one of to access that 95 percent of the cus- are leaving behind. the tools we have to help American tomer base that would then support As we think about comprehensive tax businesses grow their exports, grow American companies that are going to reform, which I hope we get to sooner that percentage of GDP that depends hire American workers, why would we rather than later, I think on every one upon trade, grow that ability to reach unilaterally disarm and remove this of these questions we should be asking that 95 percent of the customer base tool from our toolbox as some in this ourselves: Is this credit or is this in- around the world, and to make sure Chamber have suggested? centive or is this inducement more or that this tool, which has been a suc- Ironically, because in our country, less likely to drive job growth in the cessful tool for close to 45 years, gets we do not provide, I believe, adequate United States, to drive incomes up in reauthorized but also is reauthorized in export financing, many American com- the United States, or to drive exports a way that brings more transparency panies have gone to foreign export

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6509 agencies, the result being if they get least deserve them—a system that Indeed, there is a strong correlation that foreign export support, oftentimes must be reformed through higher taxes between beliefs about the size of gov- the price of that foreign export support and larger government. ernment and attitudes toward giving. means that subcontractors to those Most of the policies he has supported As Brooks shows, those who believe in American companies then have to during the last 3 years demonstrate limited government give more to char- come from those respective countries, this perspective. The size and scope of ity than those who hold more statist whether it is Canada, Brazil, India, et the Federal Government has increased views. That makes sense. After all, a cetera, again costing American jobs. dramatically during his presidency. As statist might argue that paying high I think this is a commonsense tool. It he campaigns to get reelected, his levels of taxation is the equivalent of is a tool that has had a solid track main theme is that the only way some giving a lot to charity, since the gov- record. It is a tool that has never cost Americans can do better is if the gov- ernment spends a large portion of its the American taxpayers a dime. It is ernment makes others worse off. total revenue on social programs. By one that needs our immediate atten- There is an important counterargu- contrast, free-marketers would argue tion. Again, I hope we will get a large, ment to this negative narrative. In a that government spending tends to overwhelming bipartisan majority of new book, The Road to Freedom, crowd out private charity in ways that Senators who will reauthorize the Ex- American Enterprise Institute Presi- are both socially and fiscally harmful. port-Import Bank, will reauthorize it dent Arthur Brooks provides a com- Americans can take well-justified at this $140 billion level, will reauthor- prehensive explanation of the morality pride in their charitable giving. Both ize it with the new transparency provi- of free enterprise and how it makes ev- in aggregate and relative terms, we are sions that I was proud to add to this eryone better off by creating a more the most generous society the world legislation, will reauthorize it with positive society. As Brooks writes, the has ever known. some of the new requirements in which principles that underpin free enterprise As budget and tax debates move for- the Export-Import Bank puts together are moral principles, such as honesty, ward, we must remember that raising a more comprehensive business plan, industriousness, thrift, and oppor- the top marginal tax rates could con- all additions that I worked on with my tunity. Those principles make people ceivably reduce charitable giving, be- colleagues and added to this legisla- more virtuous, not less. cause the biggest philanthropists tion. Participants in free enterprise, for would have less money to donate. This That is, again, one more example example, must be able to trust that is just one of the many unintended— where we can demonstrate to the those with whom they do business— and undesirable—consequences that American people we can come and that they will honor their contracts. could result from the massive tax hike work together, trying to spur that kind By promoting greater trust and integ- scheduled to take effect at the end of of job growth and export growth we are rity, free markets promote the social this year. If excessively high rates of all looking for. and psychological linchpin of demo- taxation were the best way to cultivate I yield the floor and suggest the ab- cratic prosperity. a more generous and socially conscious sence of a quorum. Brooks elaborates: citizenry, then Europeans would give The PRESIDING OFFICER (Mrs. The free enterprise system requires a cul- more to charity than Americans. But ture of optimism and trust to function cor- MCCASKILL.) The clerk will call the that is simply not the case. rectly—a positive sum, win-win mentality, America’s record on charitable giving roll. and a desire for everyone to be better off. The assistant legislative clerk pro- demonstrates that free enterprise is For many people, it produces more pros- the best way to boost charitable giving ceeded to call the roll. perity than they need to meet their daily re- Mr. KYL. Madam President, I ask quirements, a surplus that they will choose and foster the civic virtues that under- unanimous consent that the order for to direct to charitable purposes. pin a broadly shared prosperity. the quorum call be rescinded. I suggest the absence of a quorum. The prosperity and positive outlook The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without that stem from free enterprise encour- CARDIN). The clerk will call the roll. objection, it is so ordered. ages people to help the neediest and The assistant legislative clerk pro- Mr. KYL. I ask that I be allowed to most vulnerable members of society. ceeded to call the roll. speak as in morning business for up to Indeed, it is no coincidence that the The PRESIDING OFFICER. The Sen- 10 minutes. United States is a more charitable ator from Kentucky. The PRESIDING OFFICER. Without country than those with bigger welfare Mr. PAUL. Mr. President, I ask unan- objection, it is so ordered. states. Those who believe in and have imous consent that the order for the MORALITY OF FREE ENTERPRISE: CHARITABLE benefited from the free-enterprise sys- quorum call be rescinded. GIVING tem believe that everyone should have The PRESIDING OFFICER. Without Mr. KYL. Madam President, I have the opportunity to prosper, and they objection, it is so ordered. been coming to the floor to discuss why are willing to help take responsibility Mr. PAUL. Mr. President, the ordi- free enterprise is morally superior to for lifting others up. ‘‘Charitable giv- nary middle-class family is struggling all other economic systems. I have ex- ing appears to be part of most Ameri- to get a home loan. Tens of thousands plored how free enterprise promotes cans’ DNA,’’ Brooks writes. of homeowners have lost their homes the pursuit of happiness properly un- Americans are remarkably generous or are struggling to make payments on derstood, by emphasizing earned suc- not only toward our fellow citizens, but their home loans. cess, and how it lifts up the poor by also toward those suffering abroad. On Meanwhile, Congress steadily dishes raising living standards. a per capita basis, we give 31⁄2 times as out billions of dollars in taxpayer-sub- Today, I want to look at another way much to causes and charities as the sidized loans to large profitable compa- free enterprise lifts up the poor—by French, 7 times as much as Germans, nies. Eighty percent of these export- promoting the moral principles that and 14 times as much as Italians. These import loans are given to companies make people more charitable and more findings correlate to volunteering as that are in the Fortune 500. So we are socially responsible. well. giving taxpayer loans to very profit- This perspective sharply contrasts Seventy to eighty percent of Ameri- able companies. with President Obama’s campaign nar- cans donate money to charity each I am a great believer in capitalism, rative about social responsibility. He year. These donations add up to about in the jobs corporations create. I de- and many of his supporters paint free $300 billion annually. The money goes fend profit and the benefits that accrue enterprise as a system that inherently to religious causes and also secular ac- from leaving that profit largely in the clashes with social responsibility. In tivities, such as education, health care, private sector. I am not one who clam- his telling, free enterprise is a system and social welfare. Americans also do- ors for punitive taxes. I am not some- that mainly promotes Gordon Gekko- nate large amounts of their time to one who thinks we need to punish cor- style ‘‘greed’’ and riches for those who help the less fortunate. porations. But at the same time, I do

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6510 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 not want my colleagues to construe I urge a vote against reauthorizing Caucuses, and my hope is it will meet that to mean I believe we should be the Ex-Im Bank, and I hope my Repub- with bipartisan support in the Senate. subsidizing profitable corporations. I lican colleagues will see the inconsist- This bill could not come at a better don’t think taxpayer-subsidized loans ency of criticizing the President on one time. The proposals in the WEST Act should go to profitable companies. hand for his crony capitalism and then will go a long way toward generating President Obama has been passing turning around and doing the same the employment and economic growth out loans to his campaign donors. He thing. that citizens and taxpayers are longing has been using a campaign trough that I support not reauthorizing the Ex- for. he has set up over at the Department port-Import Bank, admitting it is cor- The proposals in the WEST Act of Energy. Very wealthy multimillion- porate welfare, and trying to save the should not be controversial in the Sen- aires and billionaires are getting loans taxpayers some of their hard-earned ate. The President claimed his $1⁄2 tril- through the Department of Energy, in- money. lion stimulus would create or save mil- cluding Solyndra and BrightSource. Thank you very much, I suggest the lions of American jobs. As it turned People heavily involved in the Presi- absence of a quorum. out, this was a hallow promise. But the dent’s campaign have been getting sub- The PRESIDING OFFICER. The WEST Act is the real deal. If the Presi- sidized loans. clerk will call the roll. dent and his party are serious about Republicans have been rightly criti- The assistant bill clerk proceeded to stimulating the economy, this legisla- cizing the President for these Depart- call the roll. tion is a good way to do it and a good ment of Energy loans to Solyndra, Mr. HATCH. Mr. President, I ask place to start. BrightSource, and others. Republicans unanimous consent that the order for The eight bills that Senator BAR- have been correct in criticizing the the quorum call be rescinded. RASSO and I have included in this President for trying to pick the win- The PRESIDING OFFICER. Without WEST Act have all passed the House of ners and losers in energy production. objection, it is so ordered. Representatives. They are common- Yet now a majority of Republicans are WEST ACT sense, progrowth policies, and I am poised to vote for their own set of sub- Mr. HATCH. Mr. President, I rise confident these proposals, if put to the sidized export-import loans. In fact, today to discuss the Western Economic vote of the American people, would they want to increase the export-im- Security Today Act, the WEST Act, pass overwhelmingly. They certainly port loans by nearly 50 percent and which I recently introduced with my would in my home State of Utah. They pick the winners and losers in the ex- good friend and colleague from Wyo- should pass the Senate as well. port business. The Horse traders may The bill has three main objectives. ming, Senator BARRASSO. This bill is disdain consistency, but the American First, we are going to put America an outgrowth of our work with the back to work by producing more Amer- people value principled and consistent Senate Western Caucus and the Con- opposition to deficit spending. The ican energy. Our bill ends the Obama gressional Western Caucus. These administration’s de facto moratorium American people know hypocrisy when groups, which include my good friend they see it. The American people know on drilling in the Gulf of Mexico in a from Utah, Congressman ROB BISHOP, corporate welfare when they see it. safe, responsible, and transparent man- and Congressman STEVE PEARCE from The Export-Import Bank, in fact, ner. We set firm timelines for consid- New Mexico, are truly leading the way. provided an $18 million loan to a steel ering permits to drill, and we require We have been doing the hard work of mill in China. Our steel industry has the administration to move forward been in decline for decades and we loan identifying solutions that will promote promptly to conduct offshore lease $18 million to our competitors? Who in job creation, boost America’s energy sales that have been delayed or can- their right mind would subsidize our production, and put our Nation on a celled in the gulf and Outer Conti- Chinese competitors with loans? It better fiscal footing by encouraging nental Shelf. makes no sense. Can we think of any- economic growth. The WEST Act sets a production goal thing more insulting than loaning We keep hearing from the Demo- of 3 million barrels of oil per day by money to our competitors? Come to cratic leadership that Congress is dys- 2027, reducing foreign imports by near- think of it, I might. We actually give functional. That may be. But it is not ly one-third. At a time when every job foreign aid to China. We actually send because of a lack of good ideas. It is be- counts, our bill would produce thou- China economic development assist- cause—in an effort to help the Presi- sands of high-paying jobs. ance. Is it any wonder Congress has an dent in his reelection and shield vul- Second, our bill will help bring down 11-percent approval rating? nerable Democrats—the decision was energy prices, making it easier for Many Americans are trying to hang made to promote politically motivated Americans to drive their cars and heat on to their homes, struggling to make show votes rather than sound job-cre- their homes. We could produce over 1 the payments on their own home mort- ating legislation. million barrels of oil a day with our gage, while very profitable big business Americans do not want higher taxes bill’s elimination of confusion and un- is being given subsidized loans by the in the name of redistribution and gov- certainty surrounding the EPA’s deci- government. It makes no sense. What ernment-dictated fairness. They do not sionmaking process for clean air per- gives? want bureaucrats in Washington fig- mits. To add insult to injury, we are bor- uring out how to spread the wealth The bill prohibits the EPA Adminis- rowing money from the same countries around, as then-candidate Obama put trator from promulgating any regula- we are lending the money to. So we it in 2008. tion that takes into consideration the borrow money from India because we What they want is economic oppor- emission of a greenhouse gas in order run a deficit of over $1 trillion a year— tunity and the security that comes to address climate change using the we borrow money from India—and then with it. They want the freedom and op- Clean Air Act. we are sending it back to them in the portunity to pursue new ventures, start And, third, our bill will protect agri- form of taxpayer-subsidized loans. It new businesses, and save for their re- culture by reducing unnecessary regu- makes no sense. tirement and for their children’s edu- latory burdens. It amends the Federal Ex-Im loans, such as the loans to cation. Insecticide, Fungicide, and Rodenticide Solyndra and BrightSource, are simply If the Democratic leadership ever de- Act, or FIFRA, to ensure that National forms of crony capitalism. With tril- cides to listen to the American people Pollutant Discharge Elimination Sys- lion-dollar annual deficits, surely we and advance reasonable legislation to tem permits are not needed for the ap- can vote to end corporate welfare. If grow the economy and create jobs, plication of pesticides that are cur- companies are making billions of dol- they could start with this WEST Act. rently registered and regulated under lars in profits, can we at least end the The WEST Act is a sound and solid FIFRA. welfare we are sending to these cor- bill, one that puts together some of the This provision of the bill will also en- porations? best ideas identified by the Western sure that diseases such as the West

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6511 Nile Virus can be managed through hinder economic growth, and harm country, and we intend to do so. This mosquito abatement. It is very impor- businesses by dramatically raising the WEST Act would be a very good step in tant for communities in Utah to be costs of everyday life. The administra- that direction. able to address these issues without tion’s position is clear. The President Mr. President, I yield the floor. constantly seeking approval from Fed- wants to drive up the cost of gasoline The PRESIDING OFFICER. The Sen- eral overlords. and drive Americans out of their cars. ator from Wyoming. The bill also stops the EPA from im- In 2008, when the President still har- Mr. BARRASSO. Mr. President, posing more stringent dust standards bored grandiose plans of changing the today I rise to echo the comments for 1 year. Additionally, it would afford course of world history, his Energy made by my colleague, Senator ORRIN States and localities the flexibility to Secretary, Secretary Chu, said his goal HATCH of Utah. address any rural dust issues before the was to ‘‘boost the price of gasoline to Throughout Senator HATCH’s distin- Federal Government would have the the levels in Europe.’’ guished career, he has served this Sen- authority to do so. In the meantime, the President and ate and this Nation in a number of For the life of me, I do not under- his party suffered a humiliating defeat major leadership capacities. I am most stand the administration’s stance on in the 2010 elections. Now, faced with grateful for his ongoing leadership and energy production. The Department of the prospect of going the way of Presi- the position he has taken in the Senate Energy claims there are more than 800 dent Carter this fall, the administra- Western Caucus—that of being chair- billion barrels of recoverable oil in oil tion is trying to walk back this posi- man of the caucus’s Subcommittee on shale in Utah, Wyoming, and Colorado. tion. Public Lands. This is more than the proven reserves With voters facing $4-a-gallon gaso- Senator HATCH, along with Senator of Saudi Arabia. If we were able to de- line, Secretary Chu now claims he is MORAN and I, has laid out a clear path velop this resource the way we are ca- doing everything he can to reduce the to energy security and job creation. pable of doing, we could have a major price of energy, and the President’s ad- The bill is called the Western Eco- impact on the jobless rate as well as visers are suggesting that this is just a nomic Security Today Act, or the the cost of energy in our country. gotcha quote. It is not. It represents WEST Act. Last month, one of largest oil compa- the real view of the President and President Obama told Congress he nies in the world announced a $200 mil- those in his bubble. would ‘‘keep trying every new idea lion investment in a commercial dem- The price of gasoline was no big deal that works.’’ He went on to say he onstration project for oil shale. The to the President prior to being elected would ‘‘listen to every good proposal, project will be in my home State, using to the Senate and the White House. His no matter which party comes up with technology developed by a Utah com- short commute from his Hyde Park it.’’ pany. house to the University of Chicago Well, last year Western Republicans Another major company that has might not even have required a car. His laid out a clear path to energy security been successfully developing commer- wealthiest supporters, those being ap- and job creation for the Western cial oil shale for more than 80 years is pealed to with his anti-energy agenda, United States and for the country. The opening offices in Salt Lake City and do not spend a significant amount of report is entitled ‘‘Jobs Frontier, seeking permits for a very large facil- their income on gasoline. When Warren Breaking Down Washington’s Barriers ity in my home State of Utah. Buffett flies in his private jet to meet to America’s Red, White and Blue The State of Utah, local govern- with the President to discuss plans for Jobs.’’ ments, and the business community raising taxes on small businesses, he is President Obama should listen to and support the development of these re- not worried about the cost of jet fuel. embrace the findings in this report. sources. Yet the President and his ad- But for families who are now spend- The House of Representatives has ministration are working to stop this ing nearly $100 to fill up their cars, the passed key pieces of legislation over at all costs. The most recent roadblock cost of gasoline is a big deal. Members the past year from this Jobs Frontier was the rewriting of the final 2008 of the President’s party seem to get Report. These are pieces of legislation three-State programmatic impact this. Even in the Senate, we see Demo- that will begin to generate quality jobs statement to cut back by more than 70 cratic support for the President’s deci- and increase U.S. energy production. percent the Federal lands available for sion to hold up the Keystone Pipeline These bills tackle key critical issues, oil shale and oil sands development. collapsing, and for good reason. such as encouraging energy exploration Well, I believe strongly that Interior The President’s unilateral decision to and production and removing unneces- Secretary Salazar has no authority kill that project might play well at sary EPA regulations. This legislation whatsoever to take that action. Midtown Manhattan fundraisers where would create thousands—thousands—of I recently heard from an energy com- wealthy elites have the luxury of sup- jobs for Americans. pany in Utah that it is easier to do porting a radical environmental agen- The WEST Act contains language business in Somalia than it is in the da without worrying about the real- from eight of these bills already passed United States. Unfortunately, that is world consequences of that agenda for by the House that were part of the Jobs not a surprising sentiment. But that is the middle class. But it was bad for Frontier original report. This legisla- what we have come to expect from jobs, bad for the economy, and bad for tion accomplishes many of the goals of President Obama. He talks a big game American families. the Jobs Frontier Report. It does it by about fairness when it comes to raising President Obama has said he wants increasing affordable American energy. taxes, but his energy policies are both to find an ‘‘all-of-the above’’ approach It does it by promoting agriculture and regressive and elitist. to energy production. He need look no ranching. And it does it by overturning In the interest of appealing to the en- further than the WEST Act. Washington’s regulatory overreach. vironmental interests of his wealthy Having said that, I would like to per- The bottom line is this act is ready supporters, the administration leaves sonally compliment my dear friend and to create jobs now, today, and to set middle-class people behind. Obstruct- colleague, Senator BARRASSO from Wy- the Nation on the path to becoming ing domestic energy production pre- oming. He is the leader of our Western more energy secure. vents the creation of high-paying jobs Caucus. Frankly, we could not have a So I am here to congratulate Senator that provide good wages for families, better leader. He understands these HATCH for bringing this important bill and it fails to bring down the high cost issues very well. We in the West under- forward. of fuel that hits middle and lower in- stand that we have an obligation and I yield the floor. come families the hardest. we have the ability to be able to help The PRESIDING OFFICER. The Sen- In fact, President Obama’s energy this country from an energy standpoint ator from Utah. agenda tops the list of pernicious poli- in ways that it needs help. We have the Mr. HATCH. Mr. President, I thank cies that hurt American families, ability to be able to help save this my colleague from Wyoming. He has

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6512 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 been such a great addition to the Sen- the services that rebuild our roads and rapid action. This Senate transpor- ate. He has an intimate knowledge of highways cannot make long-range tation bill, called MAP–21, first passed western lands and their productivity plans when funding is based on short- out of the Environment and Public and what they could do if we were term extensions. Particularly in this Works Committee last year, and it given the opportunity. He is just an all economy, our States, our counties, and passed out of the Environment and around good human being. I feel very the companies that do this business Public Works Committee on a bipar- grateful for his leadership, and I ex- simply cannot afford to extend them- tisan basis—indeed on a unanimous press my support for his leadership of selves on contracts and on work where basis. There is not a lot that every the Western Caucus. He is one of the they do not know that the highway member of the Environment and Public finest people here, and I personally funding is going to be there to back- Works Committee agrees on. There is want to thank him for the kind re- stop them when it comes time to make not a lot, frankly, that our chairman marks he has just made. the payments. BARBARA BOXER and our ranking mem- Mr. President, I yield the floor. In many instances, for many prod- ber JIM INHOFE agree on. But we all The PRESIDING OFFICER. The Sen- ucts, a short-term extension actually agreed that this was an important ator from Rhode Island. requires the underlying construction piece of legislation and reported it out Mr. WHITEHOUSE. Mr. President, I project to be dropped. In Rhode Island, of the committee on a unanimous ask unanimous consent to speak as in our State department of transpor- basis. Then the bill came to the floor. morning business. tation, led by transportation director There were no fast tracks, no ‘‘hide the The PRESIDING OFFICER. Without Michael Lewis, who is a very capable ball.’’ This bill spent 5 weeks on the objection, it is so ordered. and experienced individual, has shown Senate floor. There were a great num- SURFACE TRANSPORTATION ACT me their list of 96 major projects that ber of amendments that were consid- Mr. WHITEHOUSE. Mr. President, they plan to do this year. But because ered during that period of deliberation. earlier this week, the conference com- of the uncertainty here on the highway I believe the total is at 40 which were mittee on the surface transportation bill, because the conference has not accepted either by vote or by agree- reauthorization—more commonly produced a result yet, because we are ment. And after that long, open, trans- known as the highway bill—met for its still operating under the extension, he parent, robust, regular legislative proc- initial meeting. In the opening re- says that about 40 of those projects ess in which Republicans and Demo- marks that were made on Tuesday, it may have to be shelved because until crats both contributed, the bill passed was encouraging that there seemed to we get the bill done, he cannot count with strong bipartisan support of 75 be a general agreement on how impor- on Federal funds being there to help Senators. That is pretty unusual tant that Transportation bill is to our pay for them. around here. Nation. So every day, every week that goes MAP–21 is projected to save or create by without a highway bill costs us jobs. As I will describe later, it is 2.9 mil- 1.9 million jobs. As I said, those are not It does not just postpone the jobs, it lion jobs that are associated with this jobs that last for eternity. The conjec- actually costs us jobs. The at-risk bill. I should be specific and say 2.9 ture, I believe, is that they last for a projects range from things as simple as million jobs a year, since those jobs do year. This is 1.9 million jobs with a po- lane striping to road repaving to major not extend for eternity. But it is the tential to create an additional million most important piece of jobs legisla- bridge repairs. What they all have in common is jobs through the increased investment tion we could consider. I appreciated that each one of those transportation in the TIFIA financing program, so a hearing from the Senator from Utah projects means jobs for the construc- total of 2.9 million jobs. about the jobs concern of his energy In Rhode Island, that means the bill tion workers who build them, the engi- is expected to save or create up to 9,000 proposal. Those are real jobs, they are neers who design them, and the compa- immediate jobs. They are jobs that ev- nies that supply the materials. It is not jobs. If its provisions for projects of na- erybody understands, building our just me saying this. Standard & Poor’s tional and regional significance are in- roads, highways, and bridges. recently published a report warning us corporated in the final bill, and if fund- These local construction jobs are not that unpredictable Federal funding ing is provided through our appropria- only important in and of themselves, could stall our national transportation tions process, that number actually but they also help to maintain the projects. A quote from the report: goes up, because some additional transportation infrastructure that low- projects can be added that are overdue As construction season begins in the ers the cost of goods and helps our northern half of the country, this continuing in Rhode Island for work. economy across the board. We have had uncertainty in funding could force states to So MAP–21, the Senate highway bill, to close a bridge where I–95 crosses delay projects rather than risk funding is a true compromise bill. It reflects over the Blackstone River in Paw- changes or political gridlock come July. the hard work of Chairman BOXER and tucket. It is reopening. In the mean- Once a long-term authorization is approved, Senator INHOFE, and it is a strong bi- time people have to drive around 295. we believe it will provide an impetus for partisan signal from this body as to That costs time and fuel for shippers— transportation agencies to reconsider high- what our transportation bill should priority projects that had been shelved be- and delays. It was an economic cost. cause of lack of funding. But if the author- look like. Procedurally, the conference This is the real jobs bill that we can ization is extended by even more continuing committee is reconciling this Senate do something about. It is pending right resolutions, such high-priority projects will bipartisan compromise bill with basi- now in conference. So it is imperative remain in limbo. cally an empty envelope of a bill, a 90- not only that the conference get this As time goes by, jobs evaporate. Con- day extension passed by the House, bill done but that they get it done as tinuing delays in transportation fund- with an authorization to go to con- soon as possible. ing are putting this year’s construction ference. Some controversial provisions Why do I say that? Well, there was a season at risk and are making it im- were thrown in, unfortunately, that deadline of March 31 to get a new bill possible for States to keep their con- will make things more difficult and done, and the House of Representa- struction projects moving. So it is not slower to get done, and more difficult tives, unfortunately, did not pass a enough that we pass a highway bill out and slower is not good when you are highway bill by the March 31 deadline. of this conference; it is imperative that talking about passing the highway bill So on the eve of the expiration of that we pass it soon. There have been and the construction season is already deadline, they passed an extension, and enough delays already. We were sup- beginning to get underway. we are operating under that and a sub- posed to have had it done on March 31, The most acceptable action and the sequent extension right now. The effect except that the House never actually one in the best interests of our coun- of that is not good for jobs. State de- passed a highway bill. try, the one in the best interests of our partments of transportation and the The Senate bill, fortunately, provides economy, the one in the best interests private sector companies that provide a solid framework for action, and for of our infrastructure, the one in the

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6513 best interests of jobs in these construc- lessness in our country. Under the ad- tinue. It must be stopped, and fixing it tion projects, would be for the con- ministration’s new ‘‘prosecutorial dis- can’t be delayed. ference committee to report out the bi- cretion’’ guidelines, if the Department The Treasury IG report states: partisan Senate bill without a lot of of Homeland Security doesn’t consider Although the law prohibits aliens residing controversial riders so that we can get someone a priority, that individual’s without authorization in the United States a long-term reauthorization signed deportation proceedings are closed and from receiving most Federal public benefits, into law while there is still a full con- they are allowed to remain in the coun- an increasing number of these individuals struction season ahead and get hard- try. So far, the administration has are filing tax returns claiming the Addi- working Americans back to work re- granted this form of backdoor amnesty tional Child Tax Credit, a refundable tax credit intended for working families. The building—as every American knows we to almost 17,000 aliens illegally in the payment of Federal funds through this tax need to do—our Nation’s beat-up and country, some of whom have been con- benefit appears to provide an additional in- decrepit transportation infrastructure. victed of crimes. centive for aliens to enter, reside, and work I am pleased the conference is off to The administration has also been re- in the United States without authorization, a good start. I am sorry we had to wait sistant to the popular E-Verify pro- which directly contradicts Federal law and this long to get to this point. It would gram, never once including it in any of policy to remove such incentives. have been nice to have had this done on its jobs or economic plans. U.S. Immi- That is from the inspector general March 31 when the deadline came. But gration and Customs Enforcement, for Tax Administration at the U.S. now that we are here, I urge all of the ICE, has effectively ended worksite en- Treasury Department, not my lan- conferees to come to a quick resolution forcement operations, meaning em- guage. Of course, that is exactly cor- that honors the extensive bipartisan ployers can continue to hire illegal rect. That is exactly correct. How work that went into the Senate bill workers rather than out-of-work Amer- could it be otherwise? which has gotten us to this point. icans. In a press report from Indiana, one of I yield the floor, and I suggest the ab- A determined President could take the illegal aliens admitted his address sence of a quorum. meaningful steps to stem the tide of il- was used to file tax returns by four The PRESIDING OFFICER (Mrs. legality. I have been encouraged by other undocumented workers who don’t SHAHEEN.) The clerk will call the roll. Governor Romney’s commitments on even live there. Those four workers The legislative clerk proceeded to this issue. This is something I have claimed 20 children live inside that one call the roll. worked at for some time, and I am ab- residence, and as a result the Internal Mr. SESSIONS. Madam President, I solutely convinced that with con- Revenue Service sent the illegal immi- ask unanimous consent that the order sistent, smart, effective leadership and grants tax refunds totaling $29,608. A for the quorum call be rescinded. a commitment on behalf of this coun- tax credit is not a tax deduction, it is The PRESIDING OFFICER. Without try to end the lawlessness, it can be a direct payment, a direct transfer of objection, it is so ordered. done and done quicker and with less wealth through the tax system to an IMMIGRATION difficulty than most people realize. individual—$29,608. Mr. SESSIONS. Madam President, I For example, Governor Romney re- The Treasury inspector general’s re- am here to speak, I believe, for the counted the following conversation he port further stated: great majority of Americans who be- had with a Border Patrol agent, and it Millions of people are seeking this tax lieve the time is long overdue for the is so similar to ones I have had with credit who, we believe, are not entitled to it. Federal Government to fulfill its com- Mr. BONNER, who headed the National We have made recommendations to the IRS mitment and its responsibility to end Border Patrol Council. This is the con- as to how they could address this issue, and the lawlessness at our borders. Only versation as Governor Romney re- they have not taken sufficient action, in our then can we put this matter, the deep counted it: view, to solve the problem. frustrations that are occurring, behind They said, when employers are willing to Well, that is not acceptable. Now, $4 us and move our country forward in a hire people who are here illegally, that’s a billion is a great deal of money. Four positive and united way. magnet, and it draws them in. And sanctuary billion dollars a year is about $10 mil- Immigration security is especially cities, giving tuition breaks to the kids of il- lion a day. They found that $4 billion important in these economic times. Il- legal aliens . . . those things also have to be was doled out to people who received legal labor does, in fact, depress wages stopped. If we want to secure the border, we this one benefit illegally. No wonder we have to make sure we have a fence, deter- and makes it more difficult for out-of- mining where people are, enough agents to have people taking vacations to Las work Americans to find good-paying oversee it, and turn off that magnet. We Vegas on the government’s dime. No jobs. Immigration security is also vital can’t talk about amnesty, we cannot give wonder we are giving $1⁄2 billion loans to stopping cartels that are creating amnesty to those who have come here ille- to failed companies like Solyndra. violence around our borders and in our gally. What are we doing here in Washington? cities. The Federal Government has a That is what Governor Romney said So I say it is time to end this. I duty to protect those living in commu- he was told by the agents who have to would note that the House of Rep- nities which suffer every day from pre- deal with this every day and who try to resentatives has voted to end this, and ventable drug and gang violence. do their job professionally, and I think so it is now time to see what this Sen- There is nothing compassionate that is correct. That is what they are ate will do. We need to act to end it about looking the other way when we telling me. That is what law enforce- also. can take concrete actions to make our ment officers have told me for some I have been in the Senate for 15-plus schools and communities safer in every time. years, and being on the Judiciary Com- part of the country. There is nothing Another example of how our country mittee, we have seen the debate over compassionate about a policy which is so out of control is this govern- immigration move forward, sometimes makes it harder to protect not only ment’s failure to follow the rule of law encouragingly and sometimes discour- Americans but immigrants who live in with regard to Child Tax Credits. agingly. But every few years, it seems our country from gang violence that The Treasury Department’s own in- that the Washington masters of the occurs in cities and at our border spector general for Tax Administra- universe who have willfully and delib- today. tion, who analyzes problems within the erately failed to follow through on con- Unfortunately, instead of compelling agency and issues reports, reported sistent promises to end immigration il- sanctuary jurisdictions, such as the that in 2010 the Internal Revenue Serv- legality begin to discuss some form of city of Chicago, to cooperate with Fed- ice paid illegal aliens a staggering $4.2 amnesty. They continue to incentivize eral law enforcement officers, the ad- billion in child tax credits for depend- the illegality but remain unwilling to ministration has gone after those ents, a great deal of whom don’t even take the necessary steps—not impos- States that are trying to assist the live in the country. This has been sible steps—to secure the border on be- Federal Government to end the law- going on for years. This cannot con- half of all citizens.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6514 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 For example, just this week my good actions are taken. How lions of dollars in contributions to the friend and able Senator, Mr. DURBIN, commonsensical is that? People have a private sector to help encourage more said that the DREAM Act is a bill that right to believe we will promise en- foreign travelers to bring their dollars says: If you graduate high school and forcement and give amnesty. That has to the United States. This is important you have no serious problems when it been the pattern. We give the amnesty because what we have learned in New comes to criminal convictions or moral but don’t do the enforcement. That is Hampshire is that overseas visitors issues and you either complete service why people are upset with Washington. tend to stay longer when they get to in the military or 2 years in college, we Why shouldn’t they be? It has gone on America and they tend to spend more will put you on a path to becoming for several decades. It has gone on money. For the first time we are going legal and becoming a citizen. since I have been in the Senate. We to be advertising overseas to attract But we have examined that legisla- have to follow through on the commit- visitors to come to the United States. tion in its most recent version, and it ments that have been made to the But there is even more we can and would really in effect grant amnesty to American people to do what we prom- should do working together to support millions of people here illegally regard- ised. It is time to end the lawlessness, the travel sector. Traveling and tour- less of whether they go on to finish not surrender to it. ism rely on a good infrastructure, on high school, finish college, or serve in With determined leadership from the keeping our highways, our bridges, and the military. That is what the legisla- White House and support in the Con- our airports running. That is essential tion does. And the bill is certainly not gress, we can, in just a few years, I am for the travel industry to grow. That is limited to children. It would apply to totally convinced, solve the problem at why it was so important that this illegal immigrants who are in their our border, restore the rule of law, put year—after many years of trying—we thirties now. Because the bill has no an end to the border violence, and cre- finally reauthorized the FAA, and with cap, no limit, no sunset, no ending, it ate a sane, just, and lawful system of that legislation are putting in place a would allow people to remain eligible immigration for America—a system new NextGen system of air traffic con- for the rest of their lives, at any age, that we can be proud of, a system that trol that is going to allow our air- to claim this benefit. Once they are befits a nation as great as ours. planes to get from point to point faster naturalized, those granted DREAM Act Madam President, I yield the floor, and more efficiently. amnesty would then have the right to and I suggest the absence of a quorum. That is why it is so critical that we legally petition for entry into the The PRESIDING OFFICER. The pass the highway bill that is pending in United States of their family members, clerk will call the roll. Congress, which is at a committee of including their adult brothers and sis- The assistant legislative clerk pro- conference. We passed that bill in the ters and the parents who caused their ceeded to call the roll. Senate on an overwhelmingly bipar- illegal presence in the United States to Mrs. SHAHEEN. Mr. President, I ask tisan vote, and now we need to get this begin with, easily tripling the number unanimous consent that the order for bill out of the Congress. of green card holders. the quorum call be rescinded. We also need to look at ways to im- This is a big issue. We need to be The PRESIDING OFFICER (Mr. prove our visa system so we can make careful about these things. We need to BEGICH). Without objection, it is so or- it easier for foreign travelers to come consider what we are doing here. dered. to the United States. We need to pass The bill’s provisions are so broad, NATIONAL TRAVEL AND TOURISM WEEK legislation—and there are several bills they are open to those who have even Mrs. SHAHEEN. Mr. President, with that have been introduced—that will multiple misdemeanor criminal convic- summer approaching, the travel season help us clear the backlog of visa appli- tions that could include drunk driving will soon be in full swing, and this cations so we can make sure those and certain sexual offenses. But the week we celebrate National Travel and travelers who want to come to the bill goes further, offering safe harbor Tourism Week. It is a time to call at- United States are going to be able to protection to those here illegally, tention to the importance that travel do so, again bearing in mind that those those who have pending deportation and tourism play in our national econ- overseas visitors tend to stay longer proceedings against them. Those depor- omy and in the creation of jobs. and spend more money. tation proceedings have to stop even I know the Presiding Officer under- I want to conclude by highlighting when the individual might pose a risk stands this issue very clearly because, what is an exciting new campaign in to Americans when that deportation for his State of Alaska, like the State New Hampshire to help build New may be based on the commission of se- of New Hampshire, travel and tourism Hampshire’s reputation as a world- rious crimes. is a very important industry. The fact class travel destination with some- This is especially dangerous because is that the travel and tourism industry thing to offer for everyone. I know a the safe harbor would also apply to is one of the top 10 industries in 48 lot of people have been to New Hamp- those from terror-prone regions in the States, and it supports over 14 million shire every 4 years as part of our Presi- Middle East. In fact, the DREAM Act American jobs. In New Hampshire, dential primary. A lot of people are fa- altogether ignores the lessons of 9/11, travel and tourism is our second larg- miliar with our State’s slogan, ‘‘Live going so far as to open eligibility to est industry, and it supports over 60,000 Free or Die.’’ This slogan actually cap- those who previously defrauded immi- jobs in New Hampshire. tures what was uttered by GEN John gration authorities, as did many of The Travel Promotion Act, which Stark, who was a Revolutionary War those 9/11 hijackers. Congress passed in 2010, and of which I general talking about the British dur- So you say: Well, JEFF, what are we was very proud to be one of the cospon- ing the Revolution. A few days ago our going to do? What can we do here? You sors, will help the United States com- State Division of Travel and Tourism say no, no, but we need to have a plan. pete for foreign travelers. This year we Development launched a new campaign We need to do something. will begin to see the impact of this to promote New Hampshire to show the Please, colleagues, think this landmark legislation. world what we have to offer as a unique through. The way forward for our coun- For most of our history, the United travel destination, and that campaign try, the right way, the way to end the States has been one of a very few devel- very cleverly plays on our famous bitterness and develop common solu- oped countries that did not advertise State slogan. We can see in this adver- tions for all residents is, first, secure overseas. The Travel Promotion Act tisement ‘‘Live Free and Explore.’’ It is the border, as Americans have asked changes all of that because it created one of our beautiful lakes. We can see their government to do year after year what is called Brand USA. It is a low- the family out canoeing. and this Congress and this administra- cost public-private partnership, and We also have another one, ‘‘Live Free tion have failed to do so. Brand USA has just started rolling out and Reconnect.’’ Here is a family out We must rebuild the trust, the trust an advertising campaign for America. hiking. We can see some of our moun- of the American people, before other Brand USA is going to leverage mil- tains in the background. They are not

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6515 quite as high as the mountains in Alas- Mr. KYL. Mr. President, reserving troversial. We brought it up 2 months ka, but we think they are a great place the right to object. I would ask the ma- ago, and we were stunned when the Re- for families to come and explore. jority leader to modify his request to publicans would not let us move for- Hikers can enjoy and reconnect and accommodate a few amendments. ward on it. relax. Therefore, I ask unanimous consent So the House did the right thing yes- This one is ‘‘Live Free and Discover.’’ that the request be modified to allow terday. This is the sort of bill the Sen- Again, kids getting ready to jump into the following amendments: Corker No. ate should now simply pass without one of our lakes. We can see the wilder- 2102, financing for transactions sub- amendment. It is so unusual here. I ness in the background. This is another sidized by export credit agencies; Vit- have been in Congress 30 years. But great example of one of the opportuni- ter No. 2103, prohibitions on funds used this is a new one. Even bills that they ties New Hampshire has to enjoy our for energy development outside of the agree on they want to mess around beautiful State. United States; Toomey No. 2104, a $40 with. In years past, this would have We are very proud of what New billion increase contingency; Lee No. gone through just like this. Forget Hampshire has to offer. We have a new 2100, phaseout; and Paul No. 2101, limi- about what took place 2 months ago. logo that shows how you can visit our tation on Ex-Im support. But now the House passed something travel and tourism site on the Web and I further ask unanimous consent that 330 to 93, and we are here playing see what New Hampshire has to offer. following the disposition of the listed around with it. It should be done. We We hope all of those who come to expe- amendments, the bill be read three should have passed it yesterday. This rience our Presidential primary will times and the Senate proceed to vote thing is going to expire. come back every 4 years and maybe in on the passage of the bill with a 60-vote It is hard to comprehend what the the meantime look at what we have to threshold. Before the Chair rules, I new mantra of the Republicans in the offer for enjoying the natural beauty would say the sponsors of the amend- Senate is. I do not get it. As I indicated and activities of the State. We would ments would be prepared to enter into in earlier days, the Senate would have like that, but I understand that all of short time agreements in order to fa- passed this bill by unanimous consent, us here in Washington have very busy cilitate consideration of the bill. as we have done before, this same legis- schedules and sometimes finding time The PRESIDING OFFICER. Is there lation. But these days, the far right tea to travel is difficult. Fortunately, soon objection to the modification? party wing of the Senate Republican we are going to have a great oppor- Mr. REID. Mr. President, reserving caucus—I used to just talk about the tunity for everyone on the Hill to expe- the right to object, these amendments House wing of the tea party, but it is rience what New Hampshire has to that have just been listed, we are fa- over here now—thinks everything has offer without even leaving the building. miliar with three of them. The other to be a fight—everything. On June 6, the New Hampshire State two I have not had the chance to re- So we are going to have to have a Society and our office are going to be view nor has my staff, and I do not vote on this rather than do it by unani- hosting a reception called ‘‘Experience think anyone else has. We will be mous consent. The bank will hit its New Hampshire.’’ It is a great oppor- happy to continue to study these. I will lending limit any day. Its current au- tunity to experience New Hampshire’s take a look at them—happy to do that. thorization ends at the end of this signature hospitality, our history, our The only thing I would say is that— month, May. So it will be very impor- culture, and our scenic beauty. I invite and I have other things to say, and I tant we work to pass the House bill as all of my colleagues to enjoy New know my friend the assistant Repub- quickly as possible. If we amend the Hampshire beverages, to taste some of lican leader has places to go, so I would bill and send it back to the House, we the menus from our historic grand give a statement later. But based on have to start all over again. The House homes, our charming inns, and to come what I have just said and what I am is basically not in session this month, and celebrate with us. going to say, I object. under their very difficult schedule of As we celebrate travel and tourism Mr. KYL. Mr. President, I appreciate working 2 weeks on and 1 week off and this week, I hope all of us will take a that. I hope we can continue to work then sometimes longer than that. I do few minutes to reflect on the impor- together. As to the original request not know when they are going to be tance of this industry to our State and then, we would have to pose an objec- here. It would be so much better, on a local economies and to the country. tion as well. noncontroversial, very important piece I thank the Chair. I yield the floor and note the absence The PRESIDING OFFICER. Objec- of legislation—last year, 300,000 jobs— of a quorum. tion is heard to both requests. not 30,000 but 300,000. The PRESIDING OFFICER. The Mr. REID. Mr. President, yesterday, We understand the Senate Repub- clerk will call the roll. the House sent the Senate a bipartisan lican caucus wants to offer amend- The legislative clerk proceeded to reauthorization of the Export-Import ments. The amendments are—I do not call the roll. Bank. The bill the House passed re- know for sure, but just glancing at Mr. REID. Mr. President, I ask unan- flects the negotiated agreement that them, I think they may be relevant. We imous consent that the order for the was struck between Republican and will take a close look at them. There is quorum call be rescinded. Democratic leaders. They worked hard no question the ones I am familiar with The PRESIDING OFFICER (Mr. to come up with an agreement. are efforts to gut the program. One of FRANKEN.) Without objection, it is so As one would expect with an agree- the amendments just eliminates it. ordered. ment of that nature, the House passed How about that? Mr. REID. Mr. President, I ask unan- it with a very strong vote. The vote So we are going to continue looking imous consent that the motion to pro- was 330 to 93. Every single Democrat at the amendments we have and those ceed to Calendar No. 396, H.R. 2072, voted for the measure. Only the far we have not studied and look at them. which is an act to reauthorize the Ex- right tea party wing of the House Re- I will try to be reasonable. So as we do port-Import Bank of the United States publican caucus voted against the that, we are going to vote on this. I am be adopted; that there be no amend- bill—93 of them. So it was 330 to 93. going to file cloture in just a second, ments, motions or points of order in The House considered no amend- which I hate to do—another motion to order to the bill other than budget ments. The House passed the bill on a proceed. Boy, if there were ever a time points of order and the applicable mo- suspension calendar. For those of us when TOM UDALL and JEFF MERKLEY tions to waive; that there be 1 hour of who served in the House, that is a bill were prophetic, it is tonight. These two debate equally divided between the two that comes up and there is almost no young, fine Senators said it was time leaders or their designees prior to a debate. It takes a two-thirds vote to to change the rules in the Senate. We vote on passage of the bill. pass it. They do it for noncontroversial did not. They were right. The rest of us The PRESIDING OFFICER. Is there items. This measure is noncontrover- were wrong or most of us anyway. objection? sial. It should have never been con- What a shame.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6516 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 Here we are wasting time because of of similar to a Small Business Admin- competing with other companies the Republicans. This week we have ac- istration finance program for exports. around the globe, my colleagues will complished a lot. We had a vote on a We know the President has said we realize this is a compromise piece of judge and we voted on cloture on the need to increase exports. This is a pro- legislation. Let’s get it done next week Republicans defeating our ability to gram that has been in place for dec- and onto the President’s desk so we get something done with student loans. ades, never controversial at this de- can go about winning more jobs in a That is our workload this week. I know gree. Now all of a sudden we are, weeks very competitive global economy. That it has been tough. before the authorization expires, sit- is what we need to do. Holding out 1 That was sarcastic, of course, but it ting here arguing over whether we can more, 2 more, or 3 more days, or an- is just absolutely mindless what is move forward on this bill. other week just to get an amendment going on. Then, to top it off, one of the I have great respect for the Senate. saying you hate the Ex-Im Bank, that finest Members of the Senate we have But there are some times when the is not the way to get things done for ever had was defeated yesterday by a Senate does not get to work out a deal, America. man—listen to this—who campaigned and we are presented with something I hope my colleagues will support on the platform that there is too much that has been worked out by the House moving ahead so we can get this onto compromise in the Senate. He is going of Representatives. We can go back to the President’s desk. to come back here and not compromise what the majority leader said, how we I yield the floor and suggest the ab- with anybody on anything. Now that is got in this spot; that is, objecting to sence of a quorum. what we need in the Senate, more peo- every motion to proceed, objecting to The PRESIDING OFFICER. The ple who are willing to do nothing but every motion to proceed. Pretty soon clerk will call the roll. fight. all the work stacks up. We try to move The assistant legislative clerk pro- I am going to do whatever I have to legislation and every motion is ob- ceeded to call the roll. do to take the steps to keep this meas- jected to. So the consequence is we run Mr. HARKIN. Mr. President, I ask ure moving forward. I hope we can do it out of time and we run out of a way to unanimous consent that the order for next week. I hope we can do it without get to a compromise. the quorum call be rescinded. a lot of trouble, of which we already In this case, guess what happened. The PRESIDING OFFICER. Without have too much. The House came up with a compromise. objection, it is so ordered. CLOTURE MOTION The House, even to the degree that f some of the amendments that some of Mr. REID. Mr. President, I have a AWARDING A CONGRESSIONAL cloture motion at the desk. my colleagues wanted to offer, got im- plemented into the House compromise GOLD MEDAL TO MEMBERS OF The PRESIDING OFFICER. The clo- THE CIVIL AIR PATROL ture motion having been presented bill that now passed the House of Rep- under rule XXII, the Chair directs the resentatives with, whatever, 300-plus Mr. HARKIN. Mr. President, I ask clerk to read the motion. votes to 93. unanimous consent that the Banking The assistant legislative clerk read With my colleagues, basically, con- Committee be discharged from further as follows: tinuing to just try to derail the normal consideration of S. 418 and the Senate CLOTURE MOTION process, we have had to take now a proceed to its consideration. We, the undersigned Senators, in accord- House bill that I think encompasses The PRESIDING OFFICER. Without ance with the provisions of rule XXII of the many of the things people wanted to objection, it is so ordered. Standing Rules of the Senate, hereby move see either in reforms or ways to make The clerk will report the bill by title. to bring to a close debate on the motion to the bank more transparent or ways to The assistant legislative clerk read proceed to Calendar No. 396, H.R. 2072, an Act make sure we are focusing on things as follows: to reauthorize the Export-Import Bank of that are going to help U.S. manufac- A bill (S. 418) to award a Congressional the United States, and for other purposes. turers win the day in a very competi- Gold Medal to the World War II members of Maria Cantwell, Tim Johnson, Harry tive market. the Civil Air Patrol. Reid, Mark Begich, Mark Udall, Tom So I say to my colleagues on the Udall, Patrick J. Leahy, Sherrod There being no objection, the Senate Brown, Jack Reed, Charles E. Schumer, other side of the aisle, yes; Mr. BOEH- proceeded to consider the bill. Richard Blumenthal, Richard J. Dur- NER and Mr. CANTOR worked out a com- Mr. HARKIN. Mr. President, I ask bin, Kay R. Hagan, Daniel K. Inouye, promise. So now we can again take unanimous consent that the bill be Michael F. Bennet, Kent Conrad, Ben- more time here and analyze it and see read the third time and passed; that jamin L. Cardin. whether you agree with that. I cer- the motion to reconsider be laid upon Mr. REID. Mr. President, I ask unan- tainly like when the Senate works out the table, with no intervening action imous consent that the mandatory agreements, and oftentimes we have or debate; and that any statements re- quorum under rule XXII be waived. asked our House colleagues to vote on lated to the bill be printed in the The PRESIDING OFFICER. Without them. But we now have the student RECORD. objection, it is so ordered. loan bill that needs to be done, this Ex- The PRESIDING OFFICER. Without Mr. REID. I am finished. But I wish port-Import Bank that needs to be objection, it is so ordered. to say again for those who are listening done, and many other important eco- The bill (S. 418) was ordered to be en- here or watching, Senator UDALL and nomic agenda items we should get to grossed for a third reading, was read Senator MERKLEY wanted to do some- for this country. the third time, and passed, as follows: thing to change the rules regarding I hope when the cloture motion S. 418 filibusters. If there was anything that comes forward, my colleagues will real- Be it enacted by the Senate and House of Rep- ever needed changing in this body, it is ize the only thing people are trying to resentatives of the United States of America in the filibuster rule. do now—they can vote no on the pro- Congress assembled, It has been abused, abused, and gram if they don’t like it because they SECTION 1. FINDINGS. abused by my Republican colleagues. are primarily amendments to defund Congress makes the following findings: The PRESIDING OFFICER. The Sen- the bank. These are not perfecting (1) The volunteer members of the Civil Air ator from Washington. amendments to a compromise that has Patrol (hereafter in this Act referred to as Ms. CANTWELL. Mr. President, I ap- been worked out. They want to express the ‘‘CAP’’) during World War II, civilian preciate the majority leader’s actions their opposition. They will have a men and women ranging in age from 18 to 81, on trying to move us forward on a very provided extraordinary public and combat chance to do that. services during a critical time of need for the important jobs bill. The Export-Import I hope for the sake of thousands of Nation. Bank is a way to fund manufacturers jobs in the United States, for the sake (2) During the war, CAP members used in the United States so their products of U.S. competitiveness in a global their own aircraft to perform a myriad of es- can be sold around the globe. It is kind market, where these companies are sential tasks for the military and the Nation

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6517 within the United States, including attacks with a white triangle) to identify them as (29) The CAP was dismissed from coastal on enemy submarines off the Atlantic and CAP aircraft. missions with little thanks in August 1943 Gulf of Mexico coasts of the United States. (18) Patrols were conducted up to 100 miles when the Navy took over the mission com- (3) This extraordinary service set the stage off shore, generally with 2 aircraft flying to- pletely and ordered the CAP to stand down. for the post-war CAP to become a valuable gether, in aircraft often equipped with only a (30) While the Coastal Patrol was ongoing, nonprofit, public service organization char- compass for navigation and a single radio for the CAP was also establishing itself as a tered by Congress and the Auxiliary of the communication. vital wartime service to the military, States, United States Air Force that provides essen- (19) Due to the critical nature of the situa- and communities nationwide by performing tial emergency, operational, and public serv- tion, CAP operations were conducted in bad a wide range of missions including— ices to communities, States, the Federal weather as well as good, often when the mili- (A) border patrol; Government, and the military. tary was unable to fly, and in all seasons (in- (B) forest fire patrol; (4) The CAP was established, initially as a cluding the winter) when ditching an aircraft (C) courier flights for mail, repair and re- part of the Office of Civil Defense, by air- in cold water would likely mean certain placement parts, and urgent deliveries; minded citizens one week before the surprise death to the aircrew. (D) emergency transportation of personnel; attack on Pearl Harbor, Hawaii, on Decem- (20) Personal emergency equipment was (E) target towing (with live ammunition ber 1, 1941, ‘‘out of the desire of civil airmen often lacking, particularly during early pa- being fired at the targets and seven lives of the country to be mobilized with their trols where inner tubes and kapok duck hun- being lost) and searchlight tracking training equipment in the common defense’’ of the ter vests were carried as flotation devices missions; Nation. since ocean worthy wet suits, life vests, and (F) missing aircraft and personnel (5) Within days of the start of the war, the life rafts were unavailable. searches; German Navy started a massive submarine (21) The initial purpose of the CAP was to (G) rescue of aircraft crash survivors; offensive, known as Operation Drumbeat, off spot submarines, report their position to the (H) radar training flights; the east coast of the United States against military, and force them to dive below the (I) aerial inspections of camouflaged mili- oil tankers and other critical shipping that surface, which limited their operating speed tary and civilian facilities; threatened the overall war effort. and maneuverability and reduced their abil- (J) aerial inspections of city and town (6) Neither the Navy nor the Army had ity to detect and attack shipping. blackout conditions; enough aircraft, ships, or other resources to (22) It soon became apparent that there (K) mock bombing attacks on cities and fa- adequately patrol and protect the shipping were opportunities for CAP pilots to attack cilities to test air defenses; along the Atlantic and Gulf of Mexico coasts submarines, such as when a Florida CAP air- (L) aerial searches for scrap metal mate- of the United States, and many ships were crew came across a surfaced submarine that rials; torpedoed within sight of civilians on shore, quickly stranded itself on a sand bar. How- (M) support of war bond drives; including 52 tankers sunk between January ever, the aircrew could not get any assist- (N) airport guard duties; and March 1942. ance from armed military aircraft before the (O) support for State and local emergencies (7) At that time General George Marshall submarine freed itself. such as natural disasters; remarked that ‘‘[t]he losses by submarines (23) Finally, after a number of these in- (P) recruiting for the Army Air Force; and off our Atlantic seaboard and in the Carib- stances, a decision was made by the military (Q) a cadet youth program which provided to arm CAP aircraft with 50 and 100 pound aviation and military training. bean now threaten our entire war effort’’. bombs, and to arm some larger twin engine (31) The CAP flew more than 500,000 hours (8) From the beginning CAP leaders urged aircraft with 325 pound depth charges. on these additional missions, including— the military to use its services to patrol (24) The arming of CAP aircraft dramati- (A) 20,500 missions involving target towing coastal waters but met with great resistance cally changed the mission for these civilian (with live ammunition) and gun/searchlight because of the nonmilitary training and sta- aircrews and resulted in more than 57 at- tracking which resulted in 7 deaths, 5 serious tus of CAP pilots. tacks on enemy submarines. injuries, and the loss of 25 aircraft; (9) Finally, in response to the ever-increas- (25) While CAP volunteers received $8 a day (B) a courier service involving 3 major Air ing submarine attacks, the Tanker Com- flight reimbursement, their patrols were ac- Force Commands over a 2-year period car- mittee of the Petroleum Industry War Coun- complished at a great economic cost to many rying more than 3,500,000 pounds of vital cil urged the Navy Department and the War of the members of the CAP who— cargo and 543 passengers; Department to consider the use of the CAP (A) used their own aircraft and other (C) southern border operations flying more to help patrol the sea lanes off the coasts of equipment in defense of the Nation; than 30,000 hours, with 7,000 reports of un- the United States. (B) paid for much of their own aircraft usual sightings including a vehicle (that was (10) While the Navy initially rejected this maintenance and hangar use; and apprehended) with 2 enemy agents attempt- suggestion, the Army decided it had merit, (C) often lived in primitive conditions ing to enter the country; and the Civil Air Patrol Coastal Patrol along the coast, including old barns and (D) a week in February 1945 during which began in March 1942. chicken coops converted for sleeping. CAP units found seven missing Army and (11) Oil companies and other organizations (26) More importantly, the CAP Coastal Navy pilots; and provided funds to help pay for some CAP op- Patrol service came at the high cost of 26 fa- (E) a State in which the CAP flew 790 hours erations, including vitally needed shore ra- talities, 7 serious injuries, and 90 aircraft on forest fire patrol missions and reported dios that were used to monitor patrol mis- lost. 576 fires to authorities during a single year. sions. (27) At the conclusion of the 18-month (32) On April 29, 1943, the CAP was trans- (12) By late March 1942, the Navy also Coastal Patrol, the heroic CAP aircrews ferred to the Army Air Forces, thus begin- began to use the services of the CAP. would be credited with the following: ning its long association with the United (13) Starting with three bases located in (A) 2 submarines destroyed or damaged. States Air Force. Delaware, Florida, and New Jersey, CAP air- (B) 57 submarines attacked. (33) Hundreds of CAP-trained women joined crews immediately started to spot enemy (C) 82 bombs dropped against submarines. military women’s units including the Wom- submarines as well as lifeboats, bodies, and (D) 173 radio reports of submarine positions en’s Air Force Service Pilots (WASP) pro- wreckage. (with a number of credited assists for kills gram. (14) Within 15 minutes of the first Coast made by military units). (34) Many members of the Women’s Air Patrol flight, the pilot had sighted a (E) 17 floating mines reported. Force Service Pilots program joined or re- torpedoed tanker and was coordinating res- (F) 36 dead bodies reported. joined the CAP during the post-war period cue operations. (G) 91 vessels in distress reported. because it provided women opportunities to (15) Eventually 21 bases, ranging from Bar (H) 363 survivors in distress reported. fly and continue to serve the Nation that Harbor, Maine, to Brownsville, Texas, were (I) 836 irregularities noted. were severely lacking elsewhere. set up for the CAP to patrol the Atlantic and (J) 1,036 special investigations at sea or (35) Due to the exceptional emphasis on Gulf of Mexico coasts of the United States, along the coast. safety, unit discipline, and pilot discipline, with 40,000 volunteers participating. (K) 5,684 convoy missions for the Navy. and the organization of the CAP, by the end (16) The CAP used a wide range of civilian- (L) 86,685 missions flown. of the war only 64 members of the CAP had owned aircraft, mainly light-weight, single (M) 244,600 total flight hours logged. died in service and only 150 aircraft had been engine aircraft—manufactured by Cessna, (N) More than 24,000,000 miles flown. lost (including its Coastal Patrol losses from Beech, Waco, Fairchild, Stinson, Piper, (28) At least one high-level German Navy early in the war). Taylorcraft, and Sikorsky, among others—as Officer credited the CAP with being the pri- (36) There were more than 60,000 adult ci- well as some twin engine aircraft such as the mary reason that submarine attacks were vilian members of the CAP in wide range of Grumman Widgeon. withdrawn from the Atlantic coast of the positions, and CAP aircrews flew a total of (17) These aircraft were painted in their ci- United States in 1943, when he said that ‘‘[i]t approximately 750,000 hours during the war, vilian prewar colors (red, yellow, blue, etc.) was because of those damned little red and most of which were in their personal aircraft and carried special markings (a blue circle yellow planes!’’. and often at real risk to their lives.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6518 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 (37) After the war, at a CAP dinner for Con- the Civil Air Patrol. I introduced this hours in support of critical homefront gress, a quorum of both Houses attended legislation last year, and it currently missions. Its volunteers ranged in age with the Speaker of the House of Representa- has 85 cosponsors. from 18 to over 80. Many served for the tives and the President thanking the CAP This legislation will offer long over- for its service. entire war, while others, most of whom (38) While air medals were issued for those due recognition to a small group of later joined the military, served for participating in the Coastal Patrol, little people who answered the call to duty shorter periods. A substantial number other recognition was forthcoming for those at our Nation’s time of maximum dan- received ‘‘belligerent’’ certificates indi- efforts or for the other services the CAP vol- ger. cating they had participated in com- unteers provided during the war. Seventy years ago, during the height bat-related duty with the Civil Air Pa- (39) Despite efforts to end the organization of World War II, Civil Air Patrol mem- trol. at the end of the war, the CAP had proved its bers in small aircraft began searching The individual accounts of Civil Air capabilities and strengthened its ties with for German U-boats off the Atlantic Patrol pilots’ performance and heroism the Air Force and Congress. (40) In 1946, Congress chartered the CAP as Coast. This was a time of great peril are too numerous to recount, but just a a nonprofit, public service organization and for the Nation when over 400 ships were few examples can illustrate the valor in 1948 as the Auxiliary of the United States sunk in U.S. waters, many in view of with which they served. Air Force. Americans on shore, and the military For instance, Maj. Hugh Sharp and (41) Today the CAP conducts many of the didn’t have enough aircraft and ships Lt. Eddie Edwards from Rehoboth, DE, same missions it performed during World to stop this carnage. That is why the landed their Sikorsky amphibian in War II, including a vital role in homeland se- Civil Air Patrol answered the call. high seas to rescue two other CAP air- curity. Their mission was highly unusual be- men who had to ditch their plane. They SEC. 2. CONGRESSIONAL GOLD MEDAL. cause these pilots were civilian volun- found one crew member who was badly (a) AWARD.— teers flying their own airplanes in com- (1) AUTHORIZED.—The President pro tem- hurt, but they were unable to take off pore of the Senate and the Speaker of the bat operations, often at their own ex- due to a pontoon damaged during a House of Representatives shall make appro- pense. The mission was for Civil Air rough landing in 10-foot seas. They priate arrangements for the award, on behalf Patrol aircraft to force the U-boats made a decision to taxi the aircraft of Congress, of a single gold medal of appro- below the surface of the water, making back to land, but they quickly discov- priate design in honor of the World War II their attacks on shipping much more ered that the damaged amphibian list- members of the Civil Air Patrol collectively, difficult and time consuming. As soon ed too far to the left and it didn’t make in recognition of the military service and ex- as the Civil Air Patrol pilots took to much progress. It just sort of went emplary record of the Civil Air Patrol during World War II. the air, they spotted so many U-boats around in circles. So Eddie volunteered (2) DESIGN AND STRIKING.—For the purposes that the military quickly armed their to climb to the end of the right wing to of the award referred to in paragraph (1), the aircraft with small bombs and depth keep the plane in balance. The next Secretary of the Treasury shall strike the charges. From Maine to Texas, Civil day, when a Coast Guard ship met the gold medal with suitable emblems, devices, Air Patrol aircraft flew these missions aircraft, Eddie had to be carried from and inscriptions, to be determined by the in pairs up to 100 miles offshore, in all the wing after holding on tightly for 11 Secretary. seasons, often in bad weather. These hours in freezing and wet conditions. (3) SMITHSONIAN INSTITUTION.— CAP, as they are known, put them- Both pilots were awarded the first Air (A) IN GENERAL.—Following the award of the gold medal referred to in paragraph (1) in selves at great risk, flying over water Medals of the war by President Roo- honor of the World War II members of the at low levels with only a compass, one sevelt. Civil Air Patrol, the gold medal shall be radio, and minimal survival gear to Capt. Francis ‘‘Mac’’ McLaughlin given to the Smithsonian Institution, where help if they got into trouble. Many pi- flew coastal patrol missions from Day- it shall be displayed as appropriate and made lots had to ditch in the water. Twenty- tona Beach, FL, for 17 months. During available for research. six pilots lost their lives and 90 aircraft that time, he, along with Albert (B) SENSE OF CONGRESS.—It is the sense of were lost. Crabtree, ditched a Fairchild 24 air- Congress that the Smithsonian Institution During an 18-month period, the Civil craft in the Atlantic and floated in a should make the gold medal received under Air Patrol flew over 24 million miles on this paragraph available for display else- life raft for several hours until the where, particularly at other locations associ- its antisubmarine coastal patrols. It Coast Guard picked them up. They ated with the Civil Air Patrol. spotted 173 U-boats, attacked 57, and quickly became members of the ‘‘Duck (b) DUPLICATE MEDALS.—Under such regu- sank or damaged 2. It also escorted Club,’’ an exclusive organization that lations as the Secretary may prescribe, the over 5,600 convoys and reported 17 recognized those who survived a CAP Secretary may strike and sell duplicates in floating mines, 36 bodies, 91 ships in ditching. There would soon be many in bronze of the gold medal struck under this distress, and 363 survivors in the water. Act, at a price sufficient to cover the costs of that club, as I mentioned. When the the medals, including labor, materials, dyes, Most importantly, CAP’s constant coastal patrol ended, Mac went to Mas- use of machinery, and overhead expenses. presence over the Atlantic and the Gulf sachusetts to tow aerial targets, the (c) NATIONAL MEDALS.—Medals struck pur- of Mexico was a major factor in push- CAP’s second most dangerous duty suant to this Act are national medals for ing enemy operations away from the after the coastal patrol. Seven CAP pi- purposes of chapter 51 of title 31, United coast and protecting vital shipping and lots and observers would be shot down States Code. cargo up and down our coastlines. and killed during gunnery practice. SEC. 3. AUTHORIZATION OF APPROPRIATIONS; In 1943 German U-boat attacks ceased PROCEEDS OF SALE. Mac, who served the entire war on Ac- (a) AUTHORIZATION OF APPROPRIATIONS.— off the Atlantic coast of the United tive Duty with the Civil Air Patrol, There is authorized to be charged against the States. One high-level German officer passed away at the end of 2011. United States Mint Public Enterprise Fund, credited the Civil Air Patrol with being Another CAP veteran was Lt. Charles an amount not to exceed $30,000 to pay for the primary reason for withdrawal, Compton, who flew from Coastal Patrol the cost of the medal authorized under sec- saying, ‘‘It was because of those Base 1 at Atlantic City, NJ, on antisub- tion 2. damned little red and yellow air- (b) PROCEEDS OF SALE.—Amounts received marine and convoy escort missions. He from the sale of duplicate bronze medals planes.’’ recently noted: under section 2(b) shall be deposited in the As the U-boat threat ended, Civil Air Convoys could be attacked at any time. We United States Mint Public Enterprise Fund. Patrol expanded its homeland security had a war going on and the threat of German Mr. HARKIN. Mr. President, I will and emergency operations to include submarines off the east coast. Our job was to speak about S. 418, which we just search and rescue, border patrol, forest make it less easy for the German submarines passed. I thank all my colleagues for fire patrol, and disaster relief in every to surface without being detected. allowing it to go through on a unani- State in the Nation. Charles, who lives near Chicago and mous consent basis. By war’s end, nearly 60,000 members turned 95 last summer, remembers that This bill awards a Congressional Gold had participated in the Civil Air Patrol during these dangerous missions, pilots Medal to the World War II members of and flew 75 million miles over 750,000 often used sunken ships as points of

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6519 reference to help them navigate when assure that the disintegration of the ice But instead of placing a rising fee on car- over water. He added that, unfortu- sheets would accelerate out of control. Sea bon emissions to make fossil fuels pay their nately, sunken ships were plentiful at levels would rise and destroy coastal cities. true costs, leveling the energy playing field, that time. Recently recognized for his Global temperatures would become intoler- the world’s governments are forcing the pub- able. Twenty to 50 percent of the planet’s lic to subsidize fossil fuels with hundreds of service with Civil Air Patrol’s Distin- species would be driven to extinction. Civili- billions of dollars per year. This encourages guished Service Award, he credits the zation would be at risk. a frantic stampede to extract every fossil exceptional efforts of his fellow Atlan- That is the long-term outlook. But near- fuel through mountaintop removal, longwall tic City squadron members for the term, things will be bad enough. Over the mining, hydraulic fracturing, tar sands and honor he received. next several decades, the Western United tar shale extraction, and deep ocean and Arc- These are just three stories, but they States and the semi-arid region from North tic drilling. are illustrative of Civil Air Patrol’s Dakota to Texas will develop semi-perma- President Obama speaks of a ‘‘planet in many World War II heroes. More im- nent drought, with rain, when it does come, peril,’’ but he does not provide the leadership occurring in extreme events with heavy needed to change the world’s course. Our portantly, these stories serve as a pow- flooding. Economic losses would be incalcu- leaders must speak candidly to the public— erful reminder of the dedication and lable. More and more of the Midwest would which yearns for open, honest discussion— service that all gave to our Nation. be a dust bowl. California’s Central Valley explaining that our continued technological When the war ended, Civil Air Patrol could no longer be irrigated. Food prices leadership and economic well-being demand members received the recognition they would rise to unprecedented levels. a reasoned change of our energy course. His- deserved. Over time, however, their If this sounds apocalyptic, it is. This is tory has shown that the American public can story was lost to much of the Nation. why we need to reduce emissions dramati- rise to the challenge, but leadership is essen- This Congressional Gold Medal will en- cally. President Obama has the power not tial. only to deny tar sands oil additional access The science of the situation is clear—it’s sure that this story is told over and to Gulf Coast refining, which Canada desires time for the politics to follow. This is a plan over to future generations and recog- in part for export markets, but also to en- that can unify conservatives and liberals, en- nizes the Civil Air Patrol and its World courage economic incentives to leave tar vironmentalists and business. Every major War II members for their critically im- sands and other dirty fuels in the ground. national science academy in the world has portant service to our Nation. The global warming signal is now louder reported that global warming is real, caused Mr. President, I yield the floor, and I than the noise of random weather, as I pre- mostly by humans, and requires urgent ac- suggest the absence of a quorum. dicted would happen by now in the journal tion. The cost of acting goes far higher the The PRESIDING OFFICER. The Science in 1981. Extremely hot summers have longer we wait—we can’t wait any longer to avoid the worst and be judged immoral by clerk will call the roll. increased noticeably. We can say with high confidence that the recent heat waves in coming generations. The assistant legislative clerk pro- Texas and Russia, and the one in Europe in Mr. WHITEHOUSE. The article be- ceeded to call the roll. 2003, which killed tens of thousands, were Mr. WHITEHOUSE. Mr. President, I gins with two simple sentences: ‘‘Glob- not natural events—they were caused by al warming isn’t a prediction. It is hap- ask unanimous consent that the order human-induced climate change. for the quorum call be rescinded. We have known since the 1800s that carbon pening.’’ The PRESIDING OFFICER. Without dioxide traps heat in the atmosphere. The He talks about the dangers of the objection, it is so ordered. right amount keeps the climate conducive to Canada tar sands and what that means human life. But add too much, as we are for us if we go ahead with that project. f doing now, and temperatures will inevitably His conclusion is this: CARBON POLLUTION rise too high. This is not the result of nat- If Canada proceeds, and we do nothing, it ural variability, as some argue. The earth is will be game over for the climate. Mr. WHITEHOUSE. Mr. President, I currently in the part of its long-term orbit want to speak about the ongoing and Canada’s tar sands, deposits of sand satu- cycle where temperatures would normally be rated with bitumen, contain twice the deliberately overlooked problem of car- cooling. But they are rising—and it’s because amount of carbon dioxide emitted by global bon pollution and what it is doing to we are forcing them higher with fossil fuel oil use in our entire history. our planet. emissions. He looks at the recent extreme The concentration of carbon dioxide in the In the context of these remarks, I weather that people—not only across ask unanimous consent to have printed atmosphere has risen from 280 parts per mil- lion to 393 p.p.m. over the last 150 years. The the country but across the world—have in the RECORD an article entitled tar sands contain enough carbon—240 been noticing. He concludes: ‘‘Game Over for the Climate,’’ written gigatons—to add 120 p.p.m. Tar shale, a close We can say with high confidence that the by Jim Hansen and published in yester- cousin of tar sands found mainly in the recent heat waves in Texas and Russia, and day’s New York Times. United States, contains at least an addi- the one in Europe in 2003, which killed tens There being no objection, the mate- tional 300 gigatons of carbon. If we turn to of thousands, were not natural events—they rial was ordered to be printed in the these dirtiest of fuels, instead of finding were caused by human-induced climate RECORD, as follows: ways to phase out our addiction to fossil change. [From The New York Times, May 9, 2012] fuels, there is no hope of keeping carbon con- So the risk we face is a real one, and centrations below 500 p.p.m.—a level that GAME OVER FOR THE CLIMATE would, as earth’s history shows, leave our we are actually seeing it begin to hap- (By James Hansen) children a climate system that is out of their pen in present time. He says: GLOBAL warming isn’t a prediction. It is control. The tar sands contain enough car- happening. That is why I was so troubled to We need to start reducing emissions sig- bon—240 gigatons—to add 120 parts per read a recent interview with President nificantly, not create new ways to increase million to our atmosphere. As I have Obama in Rolling Stone in which he said them. We should impose a gradually rising said before on the Senate floor, we that Canada would exploit the oil in its vast carbon fee, collected from fossil fuel compa- have lived for 8,000 centuries within a tar sands reserves ‘‘regardless of what we nies, then distribute 100 percent of the col- range between 170 and 300 parts per do.’’ lections to all Americans on a per-capita million of carbon in our atmosphere. If Canada proceeds, and we do nothing, it basis every month. The government would will be game over for the climate. not get a penny. This market-based approach That is the bandwidth within which Canada’s tar sands, deposits of sand satu- would stimulate innovation, jobs and eco- the human species has lived on this rated with bitumen, contain twice the nomic growth, avoid enlarging government planet, and we have gone rocketing out amount of carbon dioxide emitted by global or having it pick winners or losers. Most of that bandwidth in recent years. We oil use in our entire history. If we were to Americans, except the heaviest energy users, are now at 390 parts per million out of fully exploit this new oil source, and con- would get more back than they paid in in- a bandwidth, for 800,000 years, between tinue to burn our conventional oil, gas and creased prices. Not only that, the reduction 170 and 300 parts per million. The tar coal supplies, concentrations of carbon diox- in oil use resulting from the carbon price sands would add 120 parts per million ide in the atmosphere eventually would would be nearly six times as great as the oil reach levels higher than in the Pliocene era, supply from the proposed pipeline from Can- to that. That would take us to 510, if more than 2.5 million years ago, when sea ada, rendering the pipeline superfluous, ac- my math is right. level was at least 50 feet higher than it is cording to economic models driven by a Tar shale—a close cousin of tar sands now. That level of heat-trapping gases would slowly rising carbon price. found mainly in the United States—

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It sen describes: He concludes: would be really tragic for us to look . . . as a frantic stampede to extract every The complex world of climate science rare- back and think, if we had been able to fossil fuel through mountaintop removal, ly enjoys such clear and simple validation. act on time, if we had listened on time longwall mining, hydraulic fracturing, tar When such opportunity presents itself, we to the signals of our Earth, our planet, sands and tar shale extraction, and deep owe it to ourselves to make some noise the signals that are plainly in our face, about it. ocean and Arctic drilling. we could have made a world that was Jim Hansen is somebody who is With appreciation to Jim Hansen, better and safer for our children. But, worth listening to. He has been writing how the actual science has borne him instead, in our folly, in our greed, in about this now for more than 30 years, out over the past 30 years, and with re- our willingness to listen to the false- I ask unanimous consent to have spect for the predictions he makes, we hoods of these polluters, we shot past printed in the RECORD a posting by Neil should as soon as we can begin to ad- that point, and there is no way to re- Wagner entitled ‘‘Hansen Had It Right dress ourselves to this problem. cover it now. in 1981 Climate Report.’’ Jim is not alone. An array of sci- f There being no objection, the mate- entific organizations wrote us all a let- rial was ordered to be printed in the ter back in October of 2009 whose con- MORNING BUSINESS RECORD, as follows: clusion is pretty clear and stark in sci- Mr. WHITEHOUSE. Mr. President, I HANSEN HAD IT RIGHT IN 1981 CLIMATE entific language: ask unanimous consent that we pro- REPORT Observations throughout the world make ceed to a period of morning business, (By Neil Wagner) it clear that climate change is occurring and with Senators permitted to speak rigorous scientific research demonstrates A recently rediscovered 1981 paper, written therein for up to 10 minutes each. that the greenhouse gasses emitted by by NASA atmospheric physicist James Han- human activities are the primary driver. The PRESIDING OFFICER (Mr. sen and others, has been analyzed and found These conclusions are based on multiple BLUMENTHAL). Without objection, it is to be impressively accurate about the course independent lines of evidence and contrary so ordered. of climate change since its publication. assertions are inconsistent with an objective The 10-page paper (available at this link), f assessment of the vast body of peer reviewed which was published in the journal Science, science. TRIBUTE TO MARY LEAHY had been overlooked for decades when re- searchers Geert Jan van Oldenborgh and We act as if it is something new, but, Mr. LEAHY. Mr. President, I rise on Rein Haarsma from the Royal Netherlands in fact, it is not. The determination the Senate floor today to pay tribute Meteorological Institute uncovered it and that carbon dioxide would warm the to Mary Leahy, director at the Central began scouring its contents. planet as it increased its concentration Vermont Adult Basic Education—sis- The paper’s impressive prognostication is in the atmosphere was figured out ter, friend, and lifetime educator—who the best kind of vindication for Hansen, who around the time of the American Civil is retiring this month. has suffered more than his share of the slings For 40 years, Central Vermont Adult and arrows from climate deniers in the War by an Irish scientist who worked media, such as Fox News, Rush Limbaugh, in England named John Tyndall. What Basic Education has provided free lit- and Andrew Breitbart. He’s also taken hits Tyndall discovered we have proven to eracy services for adults and out-of- from ‘‘climate confusionist’’ Physicist Free- be true, as since then we have dumped school youth. Thirty-seven of those man Dyson, and has charged that the Bush gigaton after gigaton of carbon into years, Mary Leahy has been at the administration tried to silence his warnings our atmosphere, loading it up to the helm. In her role as codirector at Cen- about global warming’s urgency. point now, as I said before, that we are tral Vermont Adult Basic Education, Deniers of climate change often look for Mary dedicated herself to preparing boogeymen in their attempts to disprove the well outside the bounds that have pro- phenomenon’s existence. As a means of put- tected our species for 800,000 years on lower skilled workers to meet the de- ting a face on the ‘‘global warming hoax,’’ an this planet. mands of the shifting economy. individual is often singled out for attack. In The scale of what 8,000 centuries Whether it was attending townhalls, his new book, The Hockey Stick and the Cli- means is perhaps best measured community centers and libraries, or mate Wars, scientist Michael E. Mann calls against the time that scientists now knocking on doors directly, Mary has this technique the Serengeti Strategy, since believe man first began to engage in spread the word. She has recruited the technique is akin to lions singling out agriculture, first started scratching members for this program all over the vulnerable prey from a herd. State. The links below provide current informa- the earth and putting seeds into the tion about some of the paper’s projections: ground. Before then, we were primarily I have seen the joy in the face of a Atmospheric carbon increase, Formation of hunter-gatherers, leading a very primi- grandfather able to read a children’s drought prone regions, Sea level rise, Ant- tive life. So we have gone from begin- story to a grandchild—something the arctic ice erosion, Opening of the Northwest ning to scratch the earth and plant grandfather was not able to do for that Passage. things to be, 10,000 years later, the spe- child’s parent because he could not The complex world of climate science rare- cies we are. We lived within this band- read when they were a child. ly enjoys such clear and simple validation. width of 170 to 300 parts per million for In a recent article honoring Mary in When such an opportunity presents itself, we the Times Argus, Vermont Poet Lau- owe it to ourselves to make some noise 8,000 centuries. To veer outside of it is about it. Haarsma and van Oldenborgh’s significant and hazardous. reate Sydney Lea said these kind words findings should be shouted from the rooftops. I am delighted that Mr. Hansen, de- about Mary: Mr. WHITEHOUSE. He says: spite all the abuse that has been This has been way beyond a job for Mary; heaped on him, continues his work. I it’s really a vision of humanity that she’s A recently rediscovered 1981 paper, written been dedicated to. I have an admiration for by NASA atmospheric physicist Jim Hansen hope the time comes when we start to her that is pretty close to boundless. and others, has been analyzed and found to listen to the voice of what our planet is be impressively accurate about the course of telling us, the voice of what our sci- I agree with my friend Sydney. climate change since its publication. entists are telling us, the voice of what Mary’s lifelong passion for learning has The 10-page paper . . . which was published our children are telling us, and not just enabled countless Vermonters to gain in the journal Science, had been overlooked the voice of what the lobbyists for the the critical skills needed to participate for decades when researchers Geert Jan van polluting industries—particularly the in today’s workforce. In our country Oldenborgh and Rein Haarsma from the oil and gas industries—are telling us. today, 88 million adults face at least Royal Netherlands Meteorological Institute, uncovered it and began scouring its con- Frankly, the lobbyists for the pol- one educational barrier, such as no tents. luting oil and gas industries are not high school diploma or no college, and The paper’s impressive prognostication is telling us the truth. They are not tell- only 3 to 4 percent of the workers with the best kind of vindication for Hansen, who ing us the truth. The truth is becoming the most limited literacy proficiencies

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Those trips, Leahy said, were as much a Although Leahy believes it is time for her Education has allowed Vermonters, search for ‘‘students’’ as they were an at- to retire from CVABE, she said she won’t be young and old, to reach their full po- tempt to recruit volunteers, whom, she is going far and will likely add her name to the tential and to be successful both in the quick to note, have long been the backbone organization’s roster of volunteers. classroom and in the workforce—I of CVABE. ‘‘I’ll be around,’’ she said. might add parenthetically, also just in That outreach paid off, according to Carol Leahy will also be missed, according to Lea, who penned a poem—‘‘Her Eyes’’—that their everyday lives. Shults-Perkins, who joined CVABE two years before Leahy and is the other half of he read at her recent retirement party. As her older brother, I have known Here is what Lea wrote: Mary all her life. She is a loving, intel- the organization’s long-standing ‘‘executive team.’’ HER EYES ligent, and hard-working person. She ‘‘We’ve been delivering, and committed to —for Mary Leahy, on her retirement has the soul and talent of an artist and delivering community-based services here in I asked your friends about your eyes—what the generosity of a saint in sharing her central Vermont for more than 40 years now, color talent and commitment. but it really was Mary (Leahy) who began— They were, in a few short words. The answers I am so proud of Mary, and I ask community by community, town hall by ranged unanimous consent that the Times town hall, library by library engaging indi- From what I’d expect, like sparkling, pene- Argus article ‘‘Closing a Chapter’’ be vidual community members . . . and ensur- trating, ing that community partnership and commu- To ones that were anything but: the earliest printed in the RECORD. nity participation has been part and parcel green There being no objection, the mate- of the community-based services we pro- Of spring, said one, another brook trout rial was ordered to be printed in the vide.’’ green. RECORD, as follows: According to Shults-Perkins, who will soon And yet the words they used around the col- assume the role as CVABE’s first executive [From the Times Argus, Apr. 30, 2012] ors director, the thought of running the organi- They’d chosen made a chorus: compassion, CLOSING A CHAPTER: MARY LEAHY ENDS zation without Leahy sharing the helm is kindness, CAREER AT ADULT BASIC EDUCATION going to take some getting used to. Acceptance, faithfulness, honor. What can I (By David Delcour) ‘‘We have worked as a team for 35 years,’’ add? Pages turn, chapters end, books close, and she said. ‘‘You can’t replace Mary (Leahy).’’ Only that in my knowing and loving you Mary Leahy—a woman who has dedicated Shults-Perkins won’t get any argument These years, I’ve beheld within those eyes a her life to literacy in central Vermont— from Newberry resident and Vermont Poet shine knows that better than most. Laureate Sydney Lea. Lea, an 18-year mem- That none of us will ever quite describe: On Tuesday, Leahy plans to put the prover- ber of CVABE’s board of directors and its A certain mystery flicker born of watching bial ‘‘period’’ at the end of her 37-year career current president, thinks highly of the Pain for years yourself, and from its kin- with Central Vermont Adult Basic Edu- woman who recruited him during a chance dling cation. The Marshfield woman’s name has encounter in a hospital parking lot. In them what we, in our own crude ways, become synonymous with the organization ‘‘This has been way beyond a job for Mary name hope. (Leahy); it’s really a vision of humanity that where she’s worked for nearly four decades. f And Leahy will tell you she’s treasured she’s been dedicated to,’’ Lea said. ‘‘I have an admiration for her that is pret- every minute of it. ROCK ISLAND ARSENAL ty close to boundless,’’ he added, noting ‘‘I’m surprised I’m leaving,’’ Leahy said when he had to pick someone to install him Mr. DURBIN. Mr. President, I rise during a Friday afternoon interview at as poet laureate last year, he turned to today to talk about a bill I introduced CVABE’s office on Washington Street in Leahy. yesterday, the Army Arsenal Strategic Barre. ‘‘This is what I am because the work ‘‘She (Leahy) was the first person who Workload Enhancement Act of 2012. is every bit at the center of my heart.’’ came to mind,’’ he said. ‘‘No fellow poets, no I am grateful to be working with For those unfamiliar with CVABE, ‘‘the academics, just Mary.’’ seven of my colleagues on this issue: work’’ involves providing ‘‘free, individual- A soft-spoken, silver-haired woman, with ized and confidential academic services’’ to Senator KIRK, Senator GRASSLEY, Sen- kind eyes and a tendency to deftly shift the ator HARKIN, Senator PRYOR, Senator folks who range in age from 16 to 90-some- focus of a conversation away from herself, BOOZMAN, Senator SCHUMER and Sen- thing. Leahy speaks passionately about the impor- Many are high school dropouts, some are tance of adult education, the courage of ator GILLIBRAND. Each of us under- immigrants struggling to learn English, and those who avail themselves to the services stands the strategic contributions that still others are challenged by a growing ‘‘dig- CVABE provides, and the commitment of an arsenals make to our national defense. ital divide’’ that didn’t exist back in 1975 ever-changing cadre of volunteers who ‘‘find I am pleased that we have a bipartisan when a much younger Leahy ditched her job the time in their busy schedules to make a bill to put those capabilities on a firm as a high school art teacher to try something difference.’’ completely different. footing for the future. It’s a recipe that works, according to I know that the men and women at Seated in an armchair located in the shad- Leahy, who spent one of her last days on the ow of a paper mache version of Barre’s Rock Island Arsenal in my home State job pitching the merits of a program that of Illinois deserve that firm footing. I ‘‘Stonecutter’’ memorial—this one holding a has been her life’s work. book in an outstretched hand, instead of a ‘‘We’re really the earliest of early was there just last month, seeing again hammer at his side—Leahy said she has ed(ucation) programs,’’ Leahy said. ‘‘If par- for myself their good work to equip our never regretted enlisting as a foot soldier in ents are really important to their children’s troops. one of the earliest fronts in the ‘‘War on academic success, then for the parents who The Joint Manufacturing and Tech- Poverty.’’ missed out on their own education, it stands nology Center, JMTC, employs some ‘‘When this job opened up, I went for it and to reason their child is not going to be on an 1,700 highly skilled workers, at least it’s grabbed every single bit of imagination equal playing field with other kids . . . half of whom are veterans. The JMTC that I have,’’ she said. ‘‘It has been endlessly That’s where we come in. is the heart of Rock Island’s 8,600-per- interesting and incredibly rewarding.’’ ‘‘If we can place ourselves in the public It was also real work, according to Leahy. imagination as part of the warp and weave of son workforce, every one of them dedi- ‘‘Back then all of us were working out of the entire fabric of education, then we’re cated to providing our troops with our cars and going here and there and every- there for people whose time is right,’’ she what they need. where,’’ she recalled. ‘‘I’ve tutored in barns, said. ‘‘When they’re ready to learn (and) For more than 10 years now, they I’ve tutored in churches, I’ve tutored in res- they want to learn, we’re here to help.’’ have made critical weapons, parts and taurants . . . wherever people were and Leahy said she is in the process of sifting materiel for our men and women on the (wherever they) felt comfortable.’’ through an office filled with notes, letters, front lines of Iraq and Afghanistan. Leahy’s initial assignment was to expand and student work that underscore the life- Very often, they have produced items the then-loose-knit, Barre-based program changing nature of a basic education. into five communities in Washington, Or- ‘‘It’s like a memory tunnel,’’ she said. ‘‘I’m in a crisis, when no one else including ange and Lamoille counties. unearthing all these wonderful things.’’ the private sector could do it. And they ‘‘That meant literally going through the One was a note from a then-newly com- have made it by the deadline and kept hills and knocking on doors and saying: This puter literate woman who thanked her it affordable.

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They have produced portable viduals in the Bush VFD is that despite nity. tool sheds so that vehicle maintenance the obstacles placed before them, they Mr. President, at this time I would can take place in theater instead of have always persevered and prevailed. like to ask my colleagues in the United having to pull those vehicles off the While the men and women of the de- States Senate to join me in paying front lines. When the Army depleted its partment have experienced many suc- tribute to the outstanding service of stock of a small but critical component cesses and accomplishments, I think it the many volunteers over the course of for artillery repair, Rock Island is safe to say that these individuals the lifetime of the Bush Volunteer Fire stepped up to provide it on short no- feel that their biggest achievement is Department. tice. the opportunity to serve and protect There was recently an article pub- These are the little-known, lifesaving their fellow citizens in the face of dan- lished in the Sentinel-Echo: Silver Edi- contributions made by this arsenal. ger. tion, an eastern Kentucky local peri- So my colleagues and I have come to- The Bush Volunteer Fire Department odical magazine, highlighting the gether on a bipartisan basis to make was conceived of by a group of 13 local many years of service given by the sure this strategic asset has a strong men who saw a flaw within their com- Bush Volunteer Fire Department. Mr. future. Our bill would require the munity. At the time, the Laurel Coun- President, I ask unanimous consent Army to create a strategic plan to en- ty Fire Department presided over the that said article be printed in the sure each arsenal receives the work- Bush community, but the LCFD was RECORD. load it needs to keep its workers’ skills over half-an-hour away. The 13 men in There being no objection, the mate- sharp. The Army does this type of sys- Bush decided that the LCFD was just rial was ordered to be printed in the tematic planning for some of its sub- too far away, and for the safety of their RECORD as follows: divisions, but not for arsenals. This bill citizens, it was time to assemble a fire- [From the Sentinel-Echo: Silver Edition] addresses that. fighting unit closer to home. The THEY ANSWER THE CALL Our bill also would ensure that these LCFD donated a 1947 K-model Inter- (By Sue Minton) arsenals can compete for any military national fire truck, and just like that, Imagine waking in the middle of the night contract, defense-wide. Too often, arse- the Bush Volunteer Fire Department with your home engulfed in a sea of black nals are passed over in the contract was born. smoke, or out for an afternoon drive when process. But this bill will ensure these Since the beginning of the depart- you spot a cloud of smoke billowing from a connections happen. ment, the men and women at BVFD distant hillside. The first call you make is to Rock Island’s highly skilled work- have sought to become the best that the county dispatch. Pagers buzz in pockets force has a proven track record. It is in they could possibly be, by imple- and on tables of volunteer firefighters, sum- everyone’s interest to strengthen this menting new and innovative practices moning them to their stations. And they al- competition. at each and every turn in the road. In ways come. less than a year since their start in Members of the Bush Volunteer Fire De- These two core provisions will help partment have been answering these calls for to ensure the long-term health of Rock 1975, the department had secured funds almost 37 years. Island Arsenal. They build upon a bi- to develop a fire station to house its In April 1975, 13 men from the Bush com- partisan effort last year by the Illinois truck and equipment. Bush VFD was munity met at Providence Baptist Church and Iowa delegations to expand the ar- also the third rural volunteer depart- for the purpose of organizing a fire depart- senal’s ability to enter into public-pri- ment in the Commonwealth of Ken- ment to protect the lives and property with- vate partnerships. We have seen how tucky to receive a Class 7 rating from in their community. these partnerships can drive innova- ISO. The reason for starting the department, In 2011, the department began a jun- according to Dennis Minton, charter and cur- tion in new areas like titanium and rent board of trustees member, was—‘‘The metal alloys. And they cost the govern- ior firefighter program to enlist the Laurel County Fire Department was re- ment nothing, all the while assisting in help of eager youth in the community sponding to calls in the county. It could be keeping the factory warm and these in a safe and beneficial way. In 2011, as long as 30 minutes from the time they re- critical skills available when our coun- BVFD also enlisted its first female ceived the call until they arrived at the try needs them when our troops need member, Whitney Minton, who joined scene (in the old Bush community). By this them. in alongside her father Rick. These time, in most cases, the structure was on the ground or fully involved. The residents need- I appreciated Senator LEVIN and Sen- changes, and others, have assisted the Bush Volunteer Fire Department in at- ed and deserved better protection within ator MCCAIN working with us through their community.’’ the National Defense Authorization taining much of the success it knows A fire department was organized and they Act last year to ensure these provi- today. received their first truck before they found a sions were included. I look forward to I am encouraged by the passion for home. working with them this year as well. service of the men and women fire- ‘‘The Laurel County Fire Department do- Rock Island Arsenal is a little-known fighters and EMTs of the Bush Volun- nated the department a used 1947 K-model gem in our military with great impor- teer Fire Department. Former Bush International,’’ said Ernest Rudder, charter tance for our country. I hope we may Chief Ernest Rudder has had the pleas- member and captain. ‘‘Because we didn’t ure of following in his father’s foot- have a building, the truck was parked at dif- continue to support their critical role ferent firemen’s homes.’’ by advancing the ideas I have discussed steps, Birchell L. Rudder, in working in With fundraising and donations, in less today. the fire house. Ernest’s son Marc joined than a year a two-story building was con- f the ranks once he had reached the structed off east Ky. 80 on Ky. 1803 adjacent proper age, and now his son Noah is to the ‘‘old’’ Bush School. To repay a pro- RECOGNIZING THE BUSH anxious to be the fourth generation of posed loan, in May of 1976 the fire depart- VOLUNTEER FIRE DEPARTMENT Rudders to enter firefighting. The Bush ment proposed a tax rate of .08 cents per $100 Mr. MCCONNELL. Mr. President, I Fire Department is truly a family af- on real-estate property. Today, that tax rate rise today to pay tribute to the dedica- fair for families like the Rudders. has been lowered to .0570 cents. The primary tion and devotion shown by a group of I wonder if those 13 men who took it purpose of the loan was to pay for fire hy- drants and dry hydrants, which were in- men and women to their local commu- upon themselves in 1975 to enact stalled throughout the district. nity. The longstanding services of the change in their community ever This move paved the way for the district to Bush Volunteer Fire Department in thought their dream of a volunteer fire receive a Class 7 rating from ISO. ‘‘We were Laurel County, KY, has been on the department would become such a huge the third rural volunteer department in the

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6523 Commonwealth of Kentucky to be granted At that time, the fire department didn’t out the life of a firefighter being harmed or this rating,’’ Rudder said. ‘‘This move also have a junior firefighter program, so Marc lost. substantially lowered insurance rates for could not join the department. But by the Requirements for being a certified fire- some homeowners.’’ time he was 16 years old, he was taking fighter in Kentucky are the same, but Bush Under the leadership of its first chief, Ken- classes with the other firemen. ‘‘When he requires each member to obtain at least 20 neth Smith (1975 to 1984), the department could ‘officially’ be on the roster, he was additional hours of training a year. grew in manpower and equipment. But, at ready to be certified with his required 150 ‘‘Many of the members are certified or cur- 3:43 a.m. on June 20, 1984, members of the fire hours of training,’’ his father said. rently obtaining emergency medical techni- department responded to a blaze at the last ‘‘One of my first jobs was as an EMT with cian training, which requires more training place they would have expected their own Ambulance Inc. of Laurel County,’’ Marc every two years,’’ Marc Rudder said. station. Rudder said. ‘‘And I feel this was due to the ‘‘This training will enable the EMTs to Daybreak found the firefighters still on the influence the fire department had on me.’’ provide medical care to the community and scene, and the realization was sinking in His exposure to the volunteers at Bush assist the EMS agency.’’ they had lost their building and all their Fire Department has, in a round-about way, Because of the extensive training Bush equipment. given him that experience that is now his Fire Department members receive, they hold The loss of the building was a major blow life’s career. the honor of being five-time Kentucky Fire- for the firemen and the community, but the Rudder, who is the State Fire Rescue fighter Olympic Champions, having won the Bush residents were never without fire pro- Training Area 13 Coordinator with the Ken- title in 1989, 1990, 1991, 1992, and 1993. The tection. Other departments in and outside tucky Fire Commission, said the knowledge team retired undefeated. the county volunteered their service and he learned at the Bush Fire Department has ‘‘Firefighters have become more aware of equipment. helped him each day in his job. the dangers of being firefighters, EMS work- ‘‘One of the trucks brought to the fire by ‘‘I feel that coming from a volunteer de- ers and police officers since 9/11,’’ he contin- Laurel County Fire Department stayed until partment serving a rural community has a ued. ‘‘Many new training requirements have we got a new truck,’’ Rudder said. ‘‘Bell great benefit over many other people that I come about since Sept. 11, 2011, and I believe County Fire Department also sent a tanker work with across the country.’’ the people who want to be firefighters realize for us to use.’’ He coordinates an office that provides the dangers and the great responsibility that In January 1985, the community and coun- training and assistance to 67 fire depart- being a firefighter entails. I imagine all the ty were invited to a dedication and open ments in eight counties in southeastern Ken- fire departments have gotten better and house for the newly rebuilt fire station. tucky. His office is also an assisting agency train harder because of 9/11.’’ The new station grew both in size and to the fire departments in the area for any Every firefighter is by law a ‘‘peace offi- membership from 13 charter members with- information that they might need to better cer’’ and duty-bound to report anything un- out a fire truck or station into a roster of 42 serve their communities. Rudder has studied seemly they come across. active volunteers, seven of whom are EMTs; at the National Fire Academy in Maryland In the post-9/11 world we live in today, fire- three Class A pumpers; and two tankers. and also serves on committees across the re- fighters are expected to do even more to Bush Fire Department proudly protects gion, state, nation, and world. safeguard the lives of residents in their dis- more than 10,000 people living in an area of The fourth generation of the Rudder fam- tricts. They must be able to address all haz- 35 square miles and operates out of two sta- ily, Noah, can’t wait to follow in the foot- ards, not just fires. tions—Fire Station No.2, opened in 1993, is steps of his great-grandfather, grandfather As ‘‘first responders,’’ firefighters can pro- located on east Ky. 80 in the Lick Fork com- and father. vide information to emergency-response munity. ‘‘Congressman Hal Rogers gave the His great-grandfather, Birchell L. Rudder, agencies that have not yet arrived on the dedication address,’’ Rudder said. was an original member of the board of scene. They can determine the situation and Six chiefs were elected to command the de- trustees, being elected in 1975, elected chair- decide what resources are required, whether partment over the years; the current is Phil- man of the board of trustees in 1979, and it be an ambulance, law enforcement, lip Williams, and the longest serving chief served as chairman until 1996, but remained hazmat team, or an arson investigator. was Don Minton (1999 to 2010). on the board until his death in 2002. House fires kill and injure thousands year- The fire chiefs, along with their men, have Noah Rudder, a seventh-grader at North ly, and cost many more their valued posses- one thing in mind: ‘‘to serve and protect the Laurel Middle School, has been coming to sions and memories. Bush community.’’ And this they are doing the Monday night meetings like his father, ‘‘The activity report for 2011 has Bush Vol- by continuing their training and recruiting Marc, for a long time. He is just waiting unteer Fire Department responding to 102 new members. until he is old enough to become a junior calls,’’ Ernest Rudder said. ‘‘Thankfully, In 2011, the department initiated a junior firefighter. only nine were structure fires. We had sev- firefighter program. ‘‘I like to go to the fire department be- eral grass fires and about five or six vehicle Also in 2011, Whitney Minton became the cause I know all the people and they are like fires. The vast majority of our calls these first female member of the department, join- family to me. And I enjoy learning about days are to assist Ambulance Inc. of Laurel ing her father, Rick, a sergeant. firefighting and seeing the equipment,’’ he County with automobile accidents or to an- In volunteer fire departments, and for said. swer and investigate residential smoke or many in close-knit rural communities, it is ‘‘Incidentally, Noah is an authority on all fire alarms.’’ natural that one generation would follow the things having to do with 9/11,’’ his grand- Rudder said it would be hard to designate next on the department roll. father added. the most dangerous fire the department had And it was a given that Marc Rudder would Also, Noah’s aunt, Dawn, and her husband, responded to over the years. ‘‘But the follow in the footsteps of his father, Ernest Frank Kilby, are members of the Laurel Blackwater Church fire was really big with a Rudder. County Volunteer Fire Department. roof collapse. The big fires in the city of Marc Rudder knew that he would grow up ‘‘The department is comprised of members London that we’ve assisted with and the to become a firefighter. ‘‘Being able to watch from all walks of life and everyone brings fires at Chaney Lumber were big and dan- the firefighters help the people of the com- something to the table,’’ Ernest Rudder said. gerous. We’ve never had anyone seriously munity in their time of need played a major ‘‘During an emergency, we are all business. hurt, but recently, on a mutual-aid fire with role in the factor of me wanting to be a fire- We are a department of friends and neigh- Laurel County, two of our men were knocked man,’’ Marc Rudder said. bors. But we are always willing to welcome down when the garage doors and ceiling fell ‘‘I feel that the fire department is some- another member.’’ on them. Luckily, there were several other thing that I have always known,’’ he added. ‘‘We like what we do. We volunteer our firemen there who pulled them to safety.’’ ‘‘I always played ‘fireman’ as a child. I did time to help people when they need it. It’s f not know childhood without the fire depart- giving back to the community. And the de- TRIBUTE TO KENTUCKY WORLD ment. I got to play with small toy fire partment has an excellent relationship with WAR II VETERANS trucks and big real fire trucks.’’ the community. They visit schools to ‘‘Yes, he has been interested in all things present fire-safety programs, allow children Mr. MCCONNELL. Mr. President, I fire or EMS since he was just a small child,’’ to climb onto their fire trucks, and partici- rise today in honor of a group of men Ernest Rudder added. ‘‘Like he said, his first pate in local parades and other civic func- from the Commonwealth of Kentucky toys were fire trucks, ambulances and police tions.’’ who all acted bravely and valiantly cars. It is just natural that he would want to From its earliest beginnings, the Bush Vol- during their time of service in the be a firefighter.’’ unteer Fire Department has realized the im- ‘‘Marc was with me at the fire department portance of training for this most hazardous United States Armed Forces in World meetings from the time he was a small boy.’’ job. Proper training ensures that the best in- War II. Glenn Combs, Toleman Combs, he added. ‘‘He was around the volunteers and terests of the citizens are being served and Mansell Stone, Benjamin Garrison, he learned as we did.’’ they are able to return to the station with- Walter Garrison, Rufus Miller, Earl

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A CHAPTER IN WWII HISTORY lying on the beach.’’ When the United States of America Note: This week’s feature story covers I asked him if he was afraid when they hit decided to enter the Second World War, eight individuals who aided their country to the beach, and he answered, ‘‘No, but I was we did so with an insurmountable level take part in World War II. This story was very angry when I saw how the Germans had of patriotism, dedication, and deter- graciously sent in by Ted Garrison. treated our soldiers.’’ American troops had mination to defeat the Axis Powers. After a thorough debate on the world situ- sustained approximately 6,036 casualties dur- Men were going to extreme lengths to ation, expressing their personal opinions and ing the first hour of the invasion and over enlist and answer the call to serve obligations for a month, they made a deci- 2,400 at Omaha Beach alone, but they had sion. They would honor God and country, their country, and protect freedom and gained a toehold. and defend the Republic of the United States American troops were able to fight their democracy in the foreign countries in WWII. way over the beaches and hundred-foot high around the world in which it was being Glenn and Toleman Combs, Mansell cliffs to move ahead a few miles and dig in tested. ‘‘Dude’’ Stone, and Benjamin and Walter for approximately 24 hours, thus securing Earl Hobbs, one of the men in this Garrison enlisted in the U.S. Army. Another the area. This was a process they repeated, group of eight, had learned that he was of the Garrison brothers, Theo, wanted to moving the line forward. During these ad- just 2 pounds shy of the minimum join, but he was informed that it would be vances, Uncle Walt and a soldier of German weight required by the U.S. Army at more important to the war effort for him to ancestry performed sniper and reconnais- remain at home and continue to mine coal. the time of his enlistment. Upon hear- sance duty for their company. On one occa- When I first began my research on this sion near the Modelle River in France, A-T ing this news, he hurriedly ran to the small group, I thought Rufus ‘‘Jamup’’ Mil- nearest convenience store and pur- Company came under mortar and rifle fire ler and Earl Hobbs were with them. I found from a small town. Walt and Wolfgang split chased 3 square pounds of bananas. He that they entered the military at a different up and worked their way toward each end of gobbled them down right there outside date, but these men (as did so many others) the village, firing on the enemy positions as the grocery, every last one of them. endured enormous hardships during their they moved in. When they were close, Wolf- Later that day he passed the physical, service, so I decided it necessary to include gang yelled to the enemy troops using the including the weight requirement, and them in this brief history of patriotism and German language, telling them they were uncommon valor. surrounded and ordered them to surrender. was an official member of the U.S. The small group of recruits departed Man- Approximately 150 German soldiers surren- Armed Forces. It was instances like chester on October 16, 1940, to be inducted dered. There was at least one SS Trooper Earl’s that truly inspire me; instances into the military at Ft. Thomas, KY. Walt with them. Walt and Wolfgang referred to of men and women going to such great Garrison was 18 years old at that time. Walt that episode as their Sgt. York Trick! and a friend from Kentucky earned the top lengths to secure their freedom and the Earl Hobbs was discovered to be two scores for expert riflemen in their company. freedom of the ones that they love. pounds under the required body weight at Later, Uncle Walt laughed and blamed snow Earl’s action that day so long ago the induction center. He ran to a nearby gro- for causing him to lose to his friend by one was just one of many from what we call cery store, bought three bounds of bananas, point the day they were at the rifle range. the ‘‘Greatest Generation.’’ Men and Toleman Combs, Ben Garrison, and Walt hurriedly ate the fruit and passed the phys- women alike across the Nation as- Garrison were assigned to Anti-Tank Com- ical. Was this an example of youthful patri- sumed new and unfamiliar assignments pany of the 10th Infantry Regiment attached otism or what? and positions that they may not have to Lt. General George S. Patton’s 1st Ar- After basic training, Earl was schooled in been comfortable with, all for the mored Division of the 3rd Army. Glenn armor at Ft. Knox, KY. He was assigned to a tank crew in the 1st Armored Division. Dur- cause of defending liberty and securing Combs was assigned to Headquarters train- ing and was a Glider Wing of the 82nd Air- ing a battle near Algeria, Africa, his tank freedom. We must look to the veterans was disabled and the crew was forced to of not only the Second World War, but borne Division. I believe we should mention that Capt. evacuate. They were captured by German the veterans of all the Nation’s con- Elvy Roberts, born on Beech Creek in Clay soldiers and taken to a POW camp, Stalag 3B flicts and struggles, with the utmost County, commanded a Glider Wing in the in Berlin, Germany, where he was a prisoner respect. We must not take for granted 101st Airborne at Normandy. He also partici- for 27 months. the inalienable rights we have so pas- pated in two parachute jumps there. Elvy While he was in this camp, fellow Clay sionately fought to gain and maintain, Roberts made a career of the U.S. military Countian Squire Baker was incarcerated and we must never forget those who and led the 6th Army as a Lt. General in there for three or four months, then moved out to a different location. Squire and sur- have made the greatest sacrifice made Vietnam. The 10th Infantry, with other Army units, viving members of their bomber crew had by many on behalf of those rights. been shot down and captured. Stalag 3B was I truly cherish the opportunity to including segments of the 101st and 82nd Air- borne, were stationed in Iceland. The troops liberated by Russian allies. Earl said, ‘‘The stand on the floor of the U.S. Senate weren’t informed that this location was ac- Russians were much more cruel than our today to speak on behalf of these eight tually a staging area in preparation for the former German captors.’’ men and relate a true story of a local Normandy invasion. Normandy was one of Rufus ‘‘Jamup’’ Miller, Jr. was inducted Kentucky ‘‘Band of Brothers’’ who de- the most important events of WWII. They into the military at Cincinnati, Ohio, August cided to honor God and country and shipped out of Iceland bound for an unknown 13, 1943. After basic training at Camp selflessly serve all those who inhabit destination. After arriving offshore, the 10th Blanding, Florida, he was assigned to K Com- this great Nation. Infantry Regiment stayed aboard ships dur- pany of the 339th Infantry, Third Battalion. Mr. President, I ask my colleagues to ing the first three days of the battle. Their They were heavily involved in the assault on orders were to wait until inclement weather the Gustav line. join me in commemorating the great This location was in Italy. K Company’s contributions of Glenn Combs, cleared enough to move the tanks and anti- tank guns onto the beaches. losses were very heavy, nearly 55 percent. Toleman Combs, Mansell Stone, Ben- The day before the landing, in the pre-at- Most of the casualties in K Company were jamin Garrison, Walter Garrison, Rufus tack briefing, they learned the location was from the minefields. However, they also en- Miller, Earl Hobbs, and Elvy Roberts to Normandy, and details of the mission were countered mortar, rifle, and machine-gun the cause of freedom. revealed. At that time, they were unaware fire. ‘‘Jamup’’ was among the wounded. The In July of 2011 there was an article that their friend, ‘‘Dude’’ Stone, was in the 339th Infantry was one of the three regi- published in the Manchester Enter- initial attack on the German-held beaches. ments of the 85th Infantry Division. In WWI, prise, Clay County’s local newspaper, Soldiers of the 82nd and 101st Airborne had they were nicknamed the ‘‘Polar Bears.’’ The 85th had a proud and famous history. which featured the truly unique jour- already fought a fierce battle, starting June 3, 1944. ‘‘Dude’’ had gone in with a glider The second time ‘‘Jamup’’ was wounded was ney these eight World War II veterans wing. There were 200 men in his wing, and in the North Apennines Campaign in bitter have experienced in their lifetimes. I only nine survived. fighting east of Mount Verruca. He was also ask unanimous consent the said article 10th Infantry Regiment and other units involved in the PO Valley campaign as well be printed in the RECORD. prepared to attack. The Anti-Tank company as the Rome-Arno Campaign. After being

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In December of not only celebrates their work, but it house and pointed an automatic pistol 1942, they traveled to North Africa by ships. places them among the ranks of Paul directly at Officer Campbell. Officer Glenn was involved in battles at Anzio, Kas- Simon, Paul McCartney, and Stevie Campbell commanded the shooter to serine Pass, Tunisia, and Algeria. After Wonder, all previous recipients. drop his weapon, and when the man re- avoiding a near disaster at Kasserine Pass, Born in Missouri and raised in New fused, the Officer had no choice but to the commanding general was relieved and York, Burt built a name for himself shoot, killing the suspect. Col. Robinett was placed in charge of oper- over his six-decade career as one of the It was a horrible tragedy, but with- ations. Because of his excellent strategy and out Officer Campbell’s unhesitating leadership in attaining victory in a very neg- country’s most respected and honored ative situation, Col. Paul ‘‘Little Man’’ songwriters. His partnership with Hal courage, it would have been far worse. Robinette was promoted to Brig. General. David created such beloved songs as A subsequent investigation confirmed Kasserine Pass was considered to be the first ‘‘Raindrops Keep Fallin’ on My Head,’’ this when more than 200 rounds of am- major battle won by American forces in ‘‘What the World Needs Now is Love,’’ munition were discovered in the sus- North Africa. Glenn Combs was promoted ‘‘Walk on By,’’ and ‘‘Alfie.’’ The duo pect’s car. from staff sergeant to junior warrant officer, first began collaborating in the 1950s at For his commitment to the Copley and in a few months to chief warrant officer. community, as well as his tremendous Glenn said, ‘‘One of the reasons I was pro- the Famous Paramount Music Com- pany, and among their first big hits acts of bravery on August 7, 2011, I moted through the enlisted ranks to officer would like to recognize and thank Mr. was due to so many men getting killed in my were ‘‘The Story of My Life,’’ made fa- company.’’ mous by Marty Robbins, and ‘‘Magic Campbell for his service and congratu- These men served approximately five Moments,’’ performed by Perry Como. late him on receiving the National As- years. Walt Garrison was one of the fortu- Following on their first successes, be- sociation of Police Organizations nate. He didn’t receive a scratch. Uncle Ben tween 1962 and 1972 their songs were al- (NAPO) TOP COPS award. wasn’t so lucky. He was wounded in the most continuously on Billboard Maga- f shoulder by shrapnel from an exploding artil- lery shell on a hill near the Moselle River in zine’s singles chart. During this time 2011 U.S. SMALL BUSINESS France. they worked with an array of singers, ADMINISTRATION HONOREES Walt Garrison was one of those veterans including Dionne Warwick, B.J. Thom- Mr. BLUMENTHAL. Mr. President, who could talk about his war experience. as, Dusty Springfield, The Carpenters, every year the U.S. Small Business Ad- Ben, ‘‘Dude,’’ ‘‘Jamup,’’ and many others Tom Jones, Jackie DeShannon, Gene ministration, SBA, honors our coun- were too scarred emotionally, mentally, and Pitney, and Herb Alpert. Together, physically to recall their combat duty. try’s local entrepreneurs, hardworking Burt and Hal have written numerous Americans who have built businesses I apologize that I’m unable to provide more hits that have helped launch the ca- complete information concerning the sac- from ideas and created jobs for their rifices these men made for our country. They reers of some of America’s most cele- communities. I would like to congratu- and many more of those veterans are heroes brated musicians. late the eight outstanding entre- and should never be forgotten. The American Mr. Bacharach, one of the most hon- preneurs from Connecticut who were people who lived during the WWII era earned ored and successful composers of our recognized in 2011, most especially, A. a reputation as ‘‘The Greatest Generation.’’ time, has earned three Academy Gregory Bachmann of Torrington, Con- I truly believe they deserve that com- Awards and eight Grammy Awards. pliment. Not only in military service, but necticut’s DYMAX Corporation, who These include the 1997 Grammy Trust- was named 2011 Connecticut Small also in different walks of life, many of them ees Award, which he shares with David, had exemplary attitudes and accomplish- Business Person of the Year. ments. and the 2008 Lifetime Achievement The SBA has advocated for small At this time, Glen Combs is the only one of Award. Even after being inducted into businesses in Connecticut since 1953, these men still living. He is 92 and in poor the Songwriters Hall of Fame, he is providing assistance through the Fed- health. still touring and performing all over eral Small Business Innovation Re- Toleman Combs passed away November 29, the world. search, SBIR, Program, facilitated at 1995, and is buried at Nancy, KY. Rufus I ask my Senate colleagues join me Connecticut Innovations. This support ‘‘Jamup’’ Miller died February 3, 1997, and is in honoring and congratulating Mr. has included more than $500 million of buried in Manchester. Benjamin Franklin Burt Bacharach on this well-deserved Garrison died at Wilmore Veteran’s Hospital financing, education and training, and December 27, 1997, and is buried at Memorial honor. procurement aid for individuals with Gardens in Manchester. Walter Garrison f big ideas and businesses wanting to ex- passed away on May 22, 2002. TRIBUTE TO PATROLMAN BEN pand by taking technological risks. Years ago, Uncle Walt decided to be buried The winner of the Small Business CAMPBELL with some of the soldiers he served with at Person of the Year award must meet Normandy. He was laid to rest in Butler Mr. PORTMAN. Mr. President, today eight sets of criteria, including staying County Memorial Park ‘‘Field of Honor’’ I wish to recognize Patrolman Ben power, growth in number of employees, near Hamilton, Ohio. Campbell of Copley, OH, for being hon- increase in sales and/or unit volume, Earl Hobbs died November 25, 2003, and is ored as a 2012 National Association of buried at Memorial Gardens in Manchester. current and past financial perform- Mansell ‘‘Dude’’ Stone passed on July 2, 2004, Police Organizations (NAPO) TOP ance, innovativeness of product or and is buried in Harts Branch Cemetery out- COPS award recipient for the brave and service offered, response to adversity, side Manchester. heroic actions he has displayed in the contributions to community-oriented f line of duty. projects, and the products exported and On August 7, 2011, Officer Ben Camp- markets served. TRIBUTE TO BURT BACHARACH bell responded to a report of shots fired In 1979, Mr. Bachmann inherited the Mrs. BOXER. Mr. President, I salute in a Copley Township neighborhood business his parents had started in the life and accomplishments of Burt and he found a very grisly scene. An their basement. Now, DYMAX makes Bacharach, who received The Library armed suspect had shot eight people, its home in a 100,000 square foot build- of Congress Gershwin Prize for Popular killing seven, and was still at large in ing and operates facilities globally, in- Song on Tuesday night. This award is the neighborhood. Without waiting for cluding in Germany, China, Hong given to musicians whose lifetime con- backup, Officer Campbell took off on Kong, and Korea. It offers innovative tributions to the field of popular song foot after the suspect. As he scoured technology, such as adhesives, coat- demonstrate the standard of excellence the area, he heard more gunshots and ings, epoxies, masking resins, and

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The SBA named and potentially anticompetitive con- with UV and LED technology as a cut- Jim Nilsson, owner and managing part- duct by PBMs, who are the middlemen ting-edge way for companies to grow. ner of Geissler’s Supermarkets of in the prescription drug industry. In addition to the tremendous progress South Windsor, as the 2011 Jeffrey Over the past several years, I have Mr. Bachmann has made since his par- Butland Family Owned Business of the spoken with many of Mississippi’s ents’ vision, I commend him for ensur- Year. In 1923, Geissler’s was a small pharmacists who feel powerless against ing that his company remains environ- storefront, and now it offers online PBMs and their overreaching influence mentally conscious while making re- shopping and delivery. Often family in their industry. In Mississippi, where markable strides in research and devel- businesses in Connecticut also win over 1 million individuals live in rural, opment. DYMAX also gives back to other categories, and in 2011, the SBA medically underserved areas, commu- Connecticut’s less fortunate, and has honored Region 1 Subcontractor of the nity pharmacists play a pivotal role in received an award from United Way of Year Thomas Dolan, Jr., for his work providing health care to patients. Northwest Connecticut for ‘‘conducting as president of Hi-Rel Products in These pharmacists, often the only the most unique employee incentive Essex. Hi-Rel Products was started in health-care providers in an area, de- program’’ for contributions to their an- the early 1970s by Mr. Dolan’s father, velop trusting relationships with their nual food drive. who worked out of his Old Saybrook customers and communities. This leg- In addition to the title of Small Busi- home to experiment with reliable pre- islation will help level the playing field ness Person of the Year, the SBA rec- cision components for microelec- between community pharmacies and ognizes seven other businesses or indi- tronics. Now, this technology has ap- PBMs, while ensuring Americans have viduals in Connecticut every year as plications across a wide range of indus- access to the providers of their choice. Minority Small Business Champion, tries. Currently, Hi-Rel employs ap- While a few States, such as my State Veterans Advocate Champion, Exporter proximately 100 people in the United of Mississippi, regulate the activities of the Year, the Jeffrey Butland Fam- States, Canada, and the United King- of PBMs, these powerful players in ily Owned Business of the Year, Region dom. health care remain largely unregulated One Subcontractor of the Year, Women Lastly, I would like to recognize by the Federal Government. PBMs in Business Champion, and Financial Margaret Sheahan, 2011 Women in compete across state lines in our coun- Services Champion. Business Champion, and Patrick try, and this legislation would provide Clayton Williams and Dennis Brown Lorent, 2011 Financial Services Cham- national anti-fraud oversight in each of are two of the 2011 awardees who are pion, for their work in Connecticut in our 50 States. driven by their passion for the poten- the legal and financial lending indus- The need for this legislation is clear- tial of small businesses and the ways tries, respectively. Ms. Sheahan is er now than ever. With the upcoming they can transform lives. I have seen founding partner of Mitchell & merger, one company will control 40 firsthand the tremendous roots local Sheahan of Redding and provides im- percent of the market. As one FTC businesses have set in New Haven and portant legal counsel in employment Commissioner appropriately stated, it the central part they play in the city’s and union disputes. Mr. Lorent was will be a ‘‘game changer.’’ community, so it is no surprise that honored by the SBA for his role as vice I am an unyielding supporter of free Mr. Williams, the city of New Haven’s president and manager of People’s markets, and I strongly believe this small business development officer, re- United Bank Government Lending De- legislation would facilitate a more ceived the 2011 Minority Small Busi- partment where he connects United transparent, competitive, and fair mar- ness Champion award. He has worked Bank with national, statewide, and ketplace for PBMs, pharmacies, pro- tirelessly on behalf of minority entre- local lending programs. This important viders, and patients. On behalf of the preneurs as part of the Office of Eco- work provides vital lifelines to the millions of Americans and businesses nomic Development to help fund and small businesses of Connecticut that affected by the market practices of sustain the best, most promising ideas can continue to focus on research and Pharmacy Benefit Managers, I urge my in the New Haven area. Veterans Advo- development without worrying about colleagues to pass the Pharmacy Com- cate Champion Dennis Brown was their protection and sustenance. petition and Consumer Choice Act. awarded for his service as vice presi- The SBA continues to raise aware- f dent of Business Counseling for Con- ness and support for Connecticut’s TRIBUTE TO RETIRED CAPTAIN necticut Community Investment Cor- local entrepreneurs with their annual THOMAS JEROME HUDNER, JR. poration, a nonprofit that works with awards. The SBA and its 2011 honorees small business owners to secure loans are inspirational, showing our Nation’s Mr. BROWN of Massachusetts. Mr. and develop strategy. A veteran and re- budding business owners and leaders President, I rise today in tribute to re- cipient of an SBA veteran’s loan in how to grow an idea to global propor- tired United States Navy Captain 1982, Mr. Brown demonstrates that tions—driven by the most advanced re- Thomas Jerome Hudner, Jr. of Con- dreams can be realized with persist- search and technology and steadfast cord, MA, a true American hero. For ence. I applaud the SBA for recognizing confidence in the American legacy of his uncommon valor and dedication to the importance of providing for our Na- starting from the beginning to achieve the highest principals of our military, tion’s heroes who wish to run their own greatness. the Navy announced this week it will businesses once returning home. f name the Arleigh Burke class guided- In addition, every year the SBA missile destroyer DDG–116 the USS names an Exporter of the Year in Con- PHARMACY COMPETITION AND Thomas Hudner. necticut, acknowledging that risk con- CONSUMER CHOICE ACT It is a distinct honor, for an indi- fronts business owners every day. 2011 Mr. WICKER. Mr. President, I rise in vidual to have a Navy vessel commis- winner, On Site Gas Systems of support of the Pharmacy Competition sioned in their name; it is an extremely Newington and its president, Frank X. and Consumer Choice Act, S. 1058. In rare honor indeed for a warship to be Hursey, are committed to the most light of the Federal Trade Commis- named after a living person. Yet there cutting-edge solutions and designs for sion’s recent decision to allow the are few, if any, people more deserving reliable sources of gas used by a com- merger of two Pharmacy Benefit Man- of this honor than Tom Hudner. prehensive set of industries, including agers, creating the largest PBM in our A native of Fall River, MA, Hudner emergency response, food preservation, nation, I call on my colleagues to join was a student at Philips Exeter Acad- automobile, and by our military. me in supporting this vital piece of leg- emy when the Japanese attacked Pearl

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6527 Harbor. Already a leader on his and Ensign Brown lapsing in and out of Liu, Kimberly Ly, Hamidah Mahmud, school’s athletic fields and in its stu- consciousness, Hudner was finally Lev Tauz, Julia Wall, Sean Wejebe, and dent government, he responded to the forced to evacuate the bitter cold crash Jimmy Wu, as well as its coaches Mat- call of duty and was admitted to the site. Brown’s final words to Hudner thew Arnold, Nick Weber, and Spencer U.S. Naval Academy. Though World were to tell his wife, Daisy, that he Wolf. War II ended before his commissioning loved her. He would have the chance to Each year, hundreds of high schools at Annapolis, Hudner began a storied do just that in person. On April 13, 1951, throughout our Nation compete for the Navy career that would ultimately Daisy Pearl Brown was in the audience honor of becoming Academic Decath- earn him our nation’s highest military when President Harry S. Truman pre- lon National Champions. This year, honor. sented Thomas J. Hudner, Jr. with the Granada Hills Charter High School not During his first few years in the Medal of Honor for his heroic attempt only became one of three schools to Navy, Hudner served as a communica- to save Ensign Brown. ever win consecutive national cham- tions officer aboard various warships Over the next two decades, Hudner pionships, but also set the highest before being accepted to the Navy’s would continue to serve with distinc- score ever achieved at the Academic flight school in Corpus Christi, TX. tion in the United States Navy. In ad- Decathlon National Championships. After earning his ‘‘wings of gold,’’ dition to flying many of the Navy’s Competing in an Academic Decathlon Hudner became one of the ‘‘Fighting newest jet fighters, Hudner’s career is a daunting task. The Academic De- Swordsmen’’ of Strike Fighter Squad- would take him from various ships and cathlon’s intense 2-day national final ron 32 (VF–32) aboard the aircraft car- air bases where he served in positions competitions include multiple-choice rier USS Leyte. Just a few years after of increasing responsibility, including testing in seven different events, the racial integration of the US mili- as executive officer of the USS Kitty speeches, essay writing, and inter- tary, Hudner began flying with a young Hawk during the Vietnam War. viewing exercises. Students spend ensign named Jesse LeRoy Brown, the Hudner and Daisy Pearl Thorne, she many hours studying, practicing, and Navy’s first black pilot. Brown was had since remarried, remained friends, competing, often away from their fam- born and raised in the segregated deep their lives intertwined by the events ily and friends. I invite all of my col- south town of Hattiesburg, MS, a world decades earlier on a snowy mountain- leagues to join me and the State of away from Hudner’s upper middle class side on the other side of the globe. In California in congratulating Califor- home in Fall River and the fields of fact, the two friends would be together nia’s Granada Hills Charter High Hudner’s alma mater Philips Exeter at another ceremony some 22 years School Academic Decathlon team on Academy. later when the US Navy commissioned becoming 2012 National Academic De- The relative calm of post-war life as the first American warship in honor of cathlon Champions.∑ a Naval Aviator aboard the Mediterra- an African American, the USS Jesse L. f nean-based USS Leyte would not last Brown. REMEMBERING LIEUTENANT long. In the summer of 1950, less than a Hudner retired from the US Navy at COLONEL ROBERT B. SHAIN year after Hudner’s flight certification, the rank of captain in 1973, and while North Korean Communist forces in- his day-to-day service in the Navy ∑ Mr. GRASSLEY. Mr. President, vaded the Republic of Korea. Within would end, this American hero would today I wish to honor the life of LTC months, President Truman would order continue to serve his fellow veterans Robert B. Shain, who passed away on the Leyte into action off the coast of through the USO and a variety of vet- Sunday, April 29, 2012. I would like to Korea where Hudner and his wingman, erans’ organizations. For most of the express my condolences to Lieutenant Jesse Brown, immediately began flying 1990s, Hudner served with distinction Colonel Shain’s family, in particular reconnaissance and attack sorties as Commissioner of the Massachusetts his wife of 52 years, Sherry, his two against Communist positions. Not long Department of Veterans Affairs. daughters, Cynthia and Stephanie, his after VF–32 joined the fight, China in- In closing, I will quote Secretary of son, Michael, and his three grandkids, vaded and threatened to overrun US the Navy Ray Mabus: Bella, Jason, and Mia. He is also sur- positions. Thomas Hudner exemplifies the core val- vived by his sister-in-law, Nancy, and There are no routine missions in war- ues of honor, courage and commitment the many nieces and nephews. time, especially when flying close air Navy holds dear. Naming the Navy’s next Robert Shain had an honorable and support over enemy positions. Such DDG for him will ensure his legacy will be extensive career which began upon his was the case on the afternoon of De- known, honored and emulated by future gen- graduation from the Military Academy cember 4, 1950 when Hudner and Brown erations of sailors and Marines who serve at West Point in 1959. He served in the were on a mission to destroy enemy and all who come in contact with this ship. US Army for 20 years as an infantry of- targets near the Chosin Reservoir. I thank Captain Hudner for his life- ficer as well as a fixed-wing and heli- About an hour into the mission, time of exceptional service to our na- copter pilot. He completed two tours of Brown’s Corsair was hit by enemy fire, tion and his dedication to his fellow duty in Vietnam and was awarded the began to lose fuel and he was forced to veterans and wish him and his wife Legion of Merit, two Distinguished crash land his aircraft into a snowy Georgia all the very best in the years Flying Crosses, two Bronze Stars, 27 mountainside. ahead. Air Medals with V for valor, Meri- The events that transpired over the f torious Service Medal, Vietnamese next few hours became enshrined in the Medal of Honor, and Vietnamese Cross history of American Naval Aviation. ADDITIONAL STATEMENTS of Gallantry. He served as commander Despite exposure to hostile ground of the Executive Flight Detachment fire, Hudner continued to make low and pilot of the presidential helicopter, passes over Brown, who was trapped in 2012 ACADEMIC DECATHLON Army One, for presidents Nixon and the wreckage of his destroyed aircraft. CHAMPIONS Ford from 1973 to 1976. And, when Hudner saw that his ∑ Mrs. BOXER. Mr. President, I ask my Following his retirement, he enjoyed wingman’s plane was burning, he delib- colleagues to join me in recognizing a long professional career in the aero- erately crash-landed his own aircraft the hard work and remarkable accom- nautics industry. He was an active sup- and though injured in the violent land- plishments of Granada Hills Charter porter of the National Rifle Associa- ing, ran to Brown’s rescue. You see for High School’s Academic Decathlon tion and a member of the Military Offi- Hudner, never leaving one’s wingman team for winning the 2012 Academic cers Association. However, I under- was more than a guideline, it was a Decathlon—its second consecutive na- stand that his greatest joy in life was covenant. Hudner, later a rescue heli- tional championship. I want to con- spending time with his loving family. copter pilot, tried in vain to free Brown gratulate all the members of the team: Bob Shain lived every aspect of his from the wreckage. With night falling Christian Koguchi, Stella Lee, Priscilla life whether service to his country, to

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6528 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 his family, or to his business with MESSAGES FROM THE PRESIDENT accompanying papers, reports, and doc- unrivaled pride and dignity. The career Messages from the President of the uments, and were referred as indicated: of Lieutenant Colonel Shain serves as a United States were communicated to EC–6029. A communication from the Chief reminder of the sacrifice and commit- the Senate by Mr. Pate, one of his sec- of Policy and Rules Division, Office of Engi- ment that has carried our great nation retaries. neering and Technology, Federal Commu- through the toughest of times. His nications Commission, transmitting, pursu- f service to the people of the United ant to law, the report of a rule entitled ‘‘Un- EXECUTIVE MESSAGES REFERRED licensed Operation in the TV Broadcast States and the State of Iowa is worthy Bands, Third Memorandum Opinion and of much admiration and respect. I am As in executive session the Presiding Order’’ (ET Docket No. 04–186; FCC 12–36) re- grateful for his service and pay tribute Officer laid before the Senate messages ceived in the Office of the President of the to his patriotism.∑ from the President of the United Senate on May 8, 2012; to the Committee on Commerce, Science, and Transportation. f States submitting sundry nominations which were referred to the appropriate EC–6030. A communication from the Acting Deputy Assistant Administrator, National TRIBUTE TO PROFESSOR JAMES committees. OLESEN Marine Fisheries Service, Department of (The nominations received today are Commerce, transmitting, pursuant to law, ∑ Mr. KERRY. Mr. President, I would printed at the end of the Senate pro- the report of a rule entitled ‘‘Taking and Im- like to congratulate Professor James ceedings.) porting Marine Mammals; Naval Explosive Olesen from the Department of Music f Ordnance Disposal School Training Oper- at Brandeis University, the winner of ations at Eglin Air Force Base, Florida’’ the 2012 Festival of the Creative Arts MESSAGES FROM THE HOUSE (RIN0648–AY64) received in the Office of the Award for Distinguished Contribution At 10:31 a.m., a message from the President of the Senate on May 8, 2012; to the House of Representatives, delivered by Committee on Commerce, Science, and to the Arts. Transportation. The Festival, which began in 1952, Mrs. Cole, one of its reading clerks, an- EC–6031. A communication from the Assist- celebrates the idea that ‘‘art activates nounced that the House has passed the ant General Counsel for Legislation, Regula- dreams, revolution, and the future,’’ following bills, in which it requests the tion and Energy Efficiency, Department of and Professor Olesen’s career is cer- concurrence of the Senate: Energy, transmitting, pursuant to law, the tainly deserving of this special recogni- H.R. 4133. An act to express the sense of report of a rule entitled ‘‘Energy Conserva- tion amid the creativity and commu- Congress regarding the United States-Israel tion Program: Test Procedures for Electric nity of the Festival that blooms on the strategic relationship, to direct the Presi- Motors and Small Electric Motors’’ (RIN1904–AC05) received in the Office of the Brandeis campus every spring. dent to submit to Congress reports on United States actions to enhance this relationship President of the Senate on May 8, 2012; to the Professor Olesen has spent his career and to assist in the defense of Israel, and for Committee on Energy and Natural Re- striving for excellence and fostering other purposes. sources. musical greatness in his students as H.R. 4967. An act to prevent the termi- EC–6032. A communication from the Direc- the Choral Director at Brandeis since nation of the temporary office of bankruptcy tor of the Regulatory Management Division, 1972. He has served as Music Depart- judges in certain judicial districts. Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- ment Chair and collaborated with fac- ENROLLED BILL SIGNED At 3:04 p.m., a message from the titled ‘‘Designation of Areas for Air Quality ulty members and other departments Planning Purposes; California; Western Mo- on various music programs. He was in- House of Representatives, delivered by jave Desert Ozone Nonattainment Area; Re- strumental in the creation of the Office Mr. Novotny, one of its reading clerks, classification to Severe’’ (FRL No. 9669–7) re- of the Arts and School of Creative announced that the Speaker has signed ceived in the Office of the President of the Arts. the following enrolled bill: Senate on May 8, 2012; to the Committee on Throughout his long and illustrious H.R. 2668. An act to designate the station Environment and Public Works. career, Professor Olesen has sung as a of the United States Border Patrol located at EC–6033. A communication from the Direc- 2136 South Naco Highway in Bisbee, Arizona, tor of the Regulatory Management Division, professional chorister with numerous Environmental Protection Agency, transmit- conductors, including Charles Munch, as the ‘‘Brian A. Terry Border Patrol Sta- tion’’. ting, pursuant to law, the report of a rule en- Gustav Meier, Leopold Stowkowski and titled ‘‘Approval and Promulgation of Air the founder of the Festival, the leg- f Quality Implementation Plans; West Vir- endary Leonard Bernstein. MEASURES REFERRED ginia; Ohio; Determination of Clean Data for Professor Olesen also has performed the 2006 24-Hour Fine Particulate Standard The following bill was read the first for the Steubenville-Weirton Area’’ (FRL No. with premier musical organizations in- and the second times by unanimous cluding the American Symphony Or- 9669–5) received in the Office of the President consent, and referred as indicated: of the Senate on May 8, 2012; to the Com- chestra, the New York Philharmonic H.R. 4133. An act to express the sense of mittee on Environment and Public Works. Orchestra, the Robert Shaw Chorale Congress regarding the United States-Israel EC–6034. A communication from the Direc- and the American Ballet Theater at strategic relationship, to direct the Presi- tor of the Regulatory Management Division, venues including Carnegie Hall, the dent to submit to Congress reports on United Environmental Protection Agency, transmit- Metropolitan Museum of Art and the States actions to enhance this relationship ting, pursuant to law, the report of a rule en- Metropolitan Opera. and to assist in the defense of Israel, and for titled ‘‘Approval and Promulgation of Imple- Professor Olesen has also recorded other purposes; to the Committee on Foreign mentation Plans; Commonwealth of Ken- Relations. tucky; Regional Haze State Implementation for Columbia, RCA and Decca Records. Plan; Correction’’ (FRL No. 9669–2) received He is former Director of the Back Bay f in the Office of the President of the Senate Chorale and founded and directed the ENROLLED BILL PRESENTED on May 8, 2012; to the Committee on Envi- Orpheus Singers. In 2008, the Univer- ronment and Public Works. The Secretary of the Senate reported EC–6035. A communication from the Direc- sity Chorus, under his direction, made that on today, May 10, 2012, she had the first international tour by any tor of the Regulatory Management Division, presented to the President of the Environmental Protection Agency, transmit- Brandeis student music ensemble. United States the following enrolled ting, pursuant to law, the report of a rule en- His career reflects Mr. Bernstein’s bill: titled ‘‘Approval and Promulgation of Air belief that ‘‘the art of an era is a re- S. 1302. An act to authorize the Adminis- Quality Implementation Plans; Pennsyl- flection of the society in which it is trator of General Services to convey a parcel vania; Nonattainment New Source Review produced, and through creative endeav- of real property in Tracy, California, to the Rules’’ (FRL No. 9669–3) received in the Of- ors the thoughts and expression which City of Tracy. fice of the President of the Senate on May 8, characterize each generation are re- 2012; to the Committee on Environment and f Public Works. vealed and transformed.’’ EC–6036. A communication from the Direc- I congratulate Professor Olesen on EXECUTIVE AND OTHER COMMUNICATIONS tor of the Regulatory Management Division, this wonderful achievement, thank him Environmental Protection Agency, transmit- for his service to our young people, and The following communications were ting, pursuant to law, the report of a rule en- salute all that he’s accomplished.∑ laid before the Senate, together with titled ‘‘Air Quality Designations for the 2008

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6529 Ozone National Ambient Air Quality Stand- tion 902 of the Medicare Prescription Drug, AH70) (DFARS Case 2012–D034)) received in ards’’ (FRL No. 9668–2) received in the Office Improvement, and Modernization Act of 2003 the Office of the President of the Senate on of the President of the Senate on May 8, 2012; (MMA) for Calendar Year 2011’’; to the Com- May 9, 2012; to the Committee on Armed to the Committee on Environment and Pub- mittee on Finance. Services. lic Works. EC–6045. A communication from the Chief EC–6053. A communication from the Direc- EC–6037. A communication from the Direc- of the Publications and Regulations Branch, tor of Defense Procurement and Acquisition tor of the Regulatory Management Division, Internal Revenue Service, Department of the Policy, Department of Defense, transmit- Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Request for Com- titled ‘‘Defense Federal Acquisition Regula- titled ‘‘National Priorities List, Final Rule ments on Reporting by Applicable Large Em- tion Supplement: Contingency Contract No. 54’’ (FRL No. 9668–1) received in the Of- ployers on Health Insurance Coverage under Closeout’’ ((RIN0750–AH71) (DFARS Case fice of the President of the Senate on May 8, Employer-Sponsored Plans’’ (Notice 2012–33) 2012–D014)) received in the Office of the 2012; to the Committee on Environment and received during adjournment of the Senate President of the Senate on May 9, 2012; to the Public Works. in the Office of the President of the Senate Committee on Armed Services. EC–6038. A communication from the Direc- on May 1, 2012; to the Committee on Finance. EC–6054. A communication from the Direc- tor of the Regulatory Management Division, EC–6046. A communication from the Chief tor of Defense Procurement and Acquisition Environmental Protection Agency, transmit- of the Publications and Regulations Branch, Policy, Department of Defense, transmit- ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the ting, pursuant to law, the report of a rule en- titled ‘‘Final Rule to Implement the 1997 8- Treasury, transmitting, pursuant to law, the titled ‘‘Defense Federal Acquisition Regula- Hour Ozone National Ambient Air Quality report of a rule entitled ‘‘Minimum Value of tion Supplement: New Free Trade Agreement Standard: Classification of Areas That Were an Employer-Sponsored Health Plan’’ (No- with Colombia’’ ((RIN0750–AH72) (DFARS Initially Classified Under Subpart 1; Revi- tice 2012–31) received during adjournment of Case 2012–D032)) received in the Office of the sion of the Anti-Backsliding Provisions to the Senate in the Office of the President of President of the Senate on May 9, 2012; to the Address 1-Hour Contingency Measure Re- the Senate on May 1, 2012; to the Committee Committee on Armed Services. quirements; Deletion of Obsolete 1-Hour on Finance. EC–6055. A communication from the Direc- Ozone Standard Provision’’ (FRL No. 9668–4) EC–6047. A communication from the Pro- tor of Defense Procurement and Acquisition received in the Office of the President of the gram Manager, Centers for Medicare and Policy, Department of Defense, transmit- Senate on May 8, 2012; to the Committee on Medicaid Services, Department of Health ting, pursuant to law, the report of a rule en- Environment and Public Works. and Human Services, transmitting, pursuant titled ‘‘Defense Federal Acquisition Regula- EC–6039. A communication from the Direc- to law, the report of a rule entitled ‘‘Medi- tion Supplement; Utilization of Domestic tor of Congressional Affairs, Nuclear Reactor care Program; Extension of Certain Wage Photovoltaic Devices’’ ((RIN0750–AH43) Regulation, Nuclear Regulatory Commis- Index Reclassifications and Special Excep- (DFARS Case 2011–D046)) received in the Of- sion, transmitting, pursuant to law, the re- tions for the Hospital Inpatient Prospective fice of the President of the Senate on May 9, port of a rule entitled ‘‘Model Safety Evalua- Payment Systems (PPS) for Acute Care Hos- 2012; to the Committee on Armed Services. tion for Plant-Specific Adoption of Technical pitals and the Hospital Outpatient PPS’’ EC–6056. A communication from the Senior Specifications Task Force Traveler TSTF– (CMS–1442–N) received during adjournment Counsel for Regulatory Affairs, Department 432, Revision 1, ‘Change in Technical Speci- of the Senate in the Office of the President of the Treasury, transmitting, pursuant to fications End States (WCAP–16294)’ Using the of the Senate on May 3, 2012; to the Com- law, the report of a rule entitled ‘‘Authority Consolidated Line Item Improvement Proc- mittee on Finance. to Require Supervision and Regulation of ess’’ (NUREG–1431) received in the Office of EC–6048. A communication from the Pro- Certain Nonbank Financial Companies’’ the President of the Senate on May 9, 2012; to gram Manager, Centers for Medicare and (RIN4030–AA00) received in the Office of the the Committee on Environment and Public Medicaid Services, Department of Health President of the Senate on May 8, 2012; to the Works. and Human Services, transmitting, pursuant Committee on Banking, Housing, and Urban EC–6040. A communication from the Direc- to law, the report of a rule entitled ‘‘Medi- Affairs. tor of Congressional Affairs, Nuclear Regu- care Program; Community First Choice Op- EC–6057. A communication from the Senior latory Commission, transmitting, pursuant tion’’ (CMS–2337–F) received during adjourn- Counsel for Regulatory Affairs, Department to law, the report of a rule entitled ‘‘Low- ment of the Senate in the Office of the Presi- of the Treasury, transmitting, pursuant to Level Radioactive Waste Management and dent of the Senate on April 30, 2012; to the law, the report of a rule entitled ‘‘Implemen- Volume Reduction’’ (NRC–2011–0183) received Committee on Finance. tation of the Freedom of Information Act’’ in the Office of the President of the Senate EC–6049. A communication from the Com- (RIN4030–AA02) received in the Office of the on May 9, 2012; to the Committee on Envi- missioner of the Social Security Administra- President of the Senate on May 8, 2012; to the ronment and Public Works. tion, transmitting, pursuant to law, a report Committee on Banking, Housing, and Urban EC–6041. A communication from the Direc- relative to continuing disability reviews Affairs. tor of Congressional Affairs, Office of Admin- (CDR) completed in fiscal year 2010; to the EC–6058. A communication from the Chief istration, Nuclear Regulatory Commission, Committee on Finance. Counsel, Federal Emergency Management transmitting, pursuant to law, the report of EC–6050. A communication from the Assist- Agency, Department of Homeland Security, a rule entitled ‘‘Access Authorization Fees’’ ant Secretary, Legislative Affairs, Depart- transmitting, pursuant to law, the report of (RIN3150–AJ00) received in the Office of the ment of State, transmitting, pursuant to the a rule entitled ‘‘Final Flood Elevation Deter- President of the Senate on May 9, 2012; to the Convention on Cultural Property Implemen- minations’’ ((44 CFR Part 67) (Docket No. Committee on Environment and Public tation Act, a report relative to action taken FEMA 2012–0003)) received in the Office of the Works. to enter into a Memorandum of Under- President of the Senate on May 9, 2012; to the EC–6042. A communication from the Chief standing Between the Government of the Committee on Banking, Housing, and Urban of the Publications and Regulations Branch, United States and the Government of the Affairs. Internal Revenue Service, Department of the Hellenic Republic Concerning the Imposition EC–6059. A communication from the Chief Treasury, transmitting, pursuant to law, the of Import Restrictions on Categories of Ar- Counsel, Federal Emergency Management report of a rule entitled ‘‘Section 42 Quali- chaeological and Byzantine Ecclesiastical Agency, Department of Homeland Security, fied Contract Provisions’’ (RIN1545–BD20) re- Ethnological Material through the 15th Cen- transmitting, pursuant to law, the report of ceived during adjournment of the Senate in tury A.D. of the Hellenic Republic; to the a rule entitled ‘‘Final Flood Elevation Deter- the Office of the President of the Senate on Committee on Finance. minations’’ ((44 CFR Part 67) (Docket No. May 4, 2012; to the Committee on Finance. EC–6051. A communication from the Sec- FEMA–2012–0003)) received in the Office of EC–6043. A communication from the Chief retary of Health and Human Services, trans- the President of the Senate on May 9, 2012; to of the Publications and Regulations Branch, mitting, pursuant to law, a report entitled the Committee on Banking, Housing, and Internal Revenue Service, Department of the ‘‘Report to Congress on the Administration, Urban Affairs. Treasury, transmitting, pursuant to law, the Cost, and Impact of the Quality Improve- EC–6060. A communication from the Gen- report of a rule entitled ‘‘Request for Com- ment Organization (QIO) Program for Medi- eral Counsel, Department of Housing and ments on Reporting of Health Insurance Cov- care Beneficiaries for Fiscal Year (FY) 2009’’; Urban Development, transmitting, pursuant erage’’ (Notice 2012–32) received during ad- to the Committee on Finance. to law, a report relative to a vacancy in the journment of the Senate in the Office of the EC–6052. A communication from the Direc- Department in the position of Deputy Sec- President of the Senate on May 1, 2012; to the tor of Defense Procurement and Acquisition retary, received in the Office of the Presi- Committee on Finance. Policy, Department of Defense, transmit- dent of the Senate on May 9, 2012; to the EC–6044. A communication from the Sec- ting, pursuant to law, the report of a rule en- Committee on Banking, Housing, and Urban retary of Health and Human Services, trans- titled ‘‘Defense Federal Acquisition Regula- Affairs. mitting, pursuant to law, a report entitled tion Supplement; Defense Trade Cooperation EC–6061. A communication from the Gen- ‘‘Finalizing Medicare Regulations under Sec- Treaty with the ’’ ((RIN0750– eral Counsel, Federal Energy Regulatory

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6530 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 Commission, transmitting, pursuant to law, ting, pursuant to law, the report of a rule en- ment Office of the General Counsel, Veterans the report of a rule entitled ‘‘Version 4 Crit- titled ‘‘Federal Acquisition Regulation; Fed- Health Administration, Department of Vet- ical Infrastructure Protection Reliability eral Acquisition Circular 2005–59, Introduc- erans Affairs, transmitting, pursuant to law, Standards’’ (Docket No. RM11–11–000) re- tion’’ (FAC 2005–59) received in the Office of the report of a rule entitled ‘‘Copayments for ceived in the Office of the President of the the President of the Senate on May 9, 2012; to Medications in 2012’’ (RIN 2900–AO28) re- Senate on May 8, 2012; to the Committee on the Committee on Homeland Security and ceived in the Office of the President of the Energy and Natural Resources. Governmental Affairs. Senate on May 9, 2012; to the Committee on EC–6062. A communication from the Execu- EC–6071. A communication from the Direc- Veterans’ Affairs. tive Director, Federal Energy Regulatory tor, Office of Personnel Management, trans- EC–6081. A communication from the Direc- Commission, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule tor of the Regulation Policy and Manage- the report of a rule entitled ‘‘Annual Update entitled ‘‘Federal Employees Health Benefits ment Office of the General Counsel, Veterans of Filing Fees’’ (Docket No. RM12–5–000) re- Program: New Premium Rating Method for Health Administration, Department of Vet- ceived in the Office of the President of the Most Community Rated Plans’’ (RIN 3206– erans Affairs, transmitting, pursuant to law, Senate on May 8, 2012; to the Committee on AM39) received during adjournment of the the report of a rule entitled ‘‘Technical Revi- Energy and Natural Resources. Senate in the Office of the President of the sions to Update Reference to the Required EC–6063. A communication from the Assist- Senate on May 2, 2012; to the Committee on Assessment Tool for State Nursing Homes ant Secretary, Bureau of Legislative Affairs, Homeland Security and Governmental Af- Receiving Per Diem Payments from VA’’ Department of State, transmitting, pursuant fairs. (RIN 2900–AO02) received during adjournment to law, a report relative to proposed amend- EC–6072. A communication from the Direc- of the Senate in the Office of the President ments to parts 120, 123, 124, 126, 127, and 129 tor, Office of Personnel Management, trans- of the Senate on May 2, 2012; to the Com- of the International Traffic in Arms Regula- mitting, pursuant to law, the report of a rule mittee on Veterans’ Affairs. tions (ITAR); to the Committee on Foreign entitled ‘‘Prevailing Rate Systems; Redefini- EC–6082. A communication from the Sec- Relations. tion of the Austin, TX and Waco, TX, Appro- retary of the Senate, transmitting, pursuant EC–6064. A communication from the Assist- priated Fund Federal Wage System Wage to law, the report of the receipts and expend- ant Legal Adviser for Treaty Affairs, Depart- Areas’’ (RIN 3206–AM50) received during ad- itures of the Senate for the period from Oc- ment of State, transmitting, pursuant to the journment of the Senate in the Office of the tober 1, 2011 through March 31, 2012, received Case-Zablocki Act, 1 U.S.C. 112b, as amended, President of the Senate on May 2, 2012; to the in the Office of the President of the Senate the report of the texts and background state- Committee on Homeland Security and Gov- on May 10, 2012; ordered to lie on the table. ernmental Affairs. ments of international agreements, other f than treaties (List 2012–0042—2012–0045); to EC–6073. A communication from the Dis- the Committee on Foreign Relations. trict of Columbia Auditor, transmitting, pur- INTRODUCTION OF BILLS AND EC–6065. A communication from the Sec- suant to law, a report entitled, ‘‘Review of JOINT RESOLUTIONS the Permanent Supportive Housing Pro- retary of Health and Human Services, trans- The following bills and joint resolu- mitting, pursuant to law, an annual report gram—Department of Human Services’’; to relative to the implementation of the Age the Committee on Homeland Security and tions were introduced, read the first Discrimination Act of 1975 for fiscal year Governmental Affairs. and second times by unanimous con- 2011; to the Committee on Health, Education, EC–6074. A communication from the Chair- sent, and referred as indicated: man of the Council of the District of Colum- Labor, and Pensions. By Mr. COBURN: bia, transmitting, pursuant to law, a report EC–6066. A communication from the Sec- S. 3076. A bill to amend title 11 of the on D.C. Act 19–346, ‘‘DISB Fingerprint-Based retary of Health and Human Services, trans- United States Code to require the public dis- Background Check Authorization Act of mitting, pursuant to law, a report entitled closure by trusts established under section 2012’’; to the Committee on Homeland Secu- ‘‘Report to Congress on the Head Start Fis- 524(g) of such title, of quarterly reports that rity and Governmental Affairs. cal Monitoring Assessment’’; to the Com- contain detailed information regarding the EC–6075. A communication from the Chair- mittee on Health, Education, Labor, and receipt and disposition of claims for injuries man of the Council of the District of Colum- Pensions. based on exposure to asbestos, and the filing bia, transmitting, pursuant to law, a report EC–6067. A communication from the Chief of such reports with the Executive Office for on D.C. Act 19–347, ‘‘Fresh Healthy Mobile Human Capital Officer, Corporation for Na- United States Trustees; to the Committee on Cart Vending Pilot in Underserved Areas tional and Community Service, transmit- the Judiciary. Temporary Amendment Act of 2012’’; to the ting, pursuant to law, a report relative to a By Mr. PORTMAN (for himself and Mr. Committee on Homeland Security and Gov- vacancy in the position of Chief Executive MANCHIN): ernmental Affairs. Officer at the Corporation for National and EC–6076. A communication from the Chair- S. 3077. A bill to require the Secretary of Community Service received during adjourn- man of the Council of the District of Colum- the Treasury to mint coins in recognition ment of the Senate in the Office of the Presi- bia, transmitting, pursuant to law, a report and celebration of the Pro Football Hall of dent of the Senate on April 30, 2012; to the on D.C. Act 19–348, ‘‘Advisory Neighborhood Fame; to the Committee on Banking, Hous- Committee on Health, Education, Labor, and Commissions Boundaries Temporary Act of ing, and Urban Affairs. Pensions. 2012’’; to the Committee on Homeland Secu- By Mr. PORTMAN: EC–6068. A communication from the Direc- rity and Governmental Affairs. S. 3078. A bill to direct the Secretary of the tor of Regulations and Policy Management EC–6077. A communication from the Chair- Interior to install in the area of the World Staff, Food and Drug Administration, De- man of the Council of the District of Colum- War II Memorial in the District of Columbia partment of Health and Human Services, bia, transmitting, pursuant to law, a report a suitable plaque or an inscription with the transmitting, pursuant to law, the report of on D.C. Act 19–349, ‘‘Medical Marijuana Cul- words that President Franklin D. Roosevelt a rule entitled ‘‘New Animal Drugs; Ceftiofur tivation Center Temporary Amendment Act prayed with the United States on June 6, Crystalline Free Acid; Gamithromycin; of 2012’’; to the Committee on Homeland Se- 1944, the morning of D-Day; to the Com- Tylosin’’ (Docket No. FDA–2012–N–0002) re- curity and Governmental Affairs. mittee on Energy and Natural Resources. ceived during adjournment of the Senate in EC–6078. A communication from the Chair- By Mr. PAUL (for himself, Mr. BOOZ- the Office of the President of the Senate on man of the Council of the District of Colum- MAN, and Mr. VITTER): May 3, 2012; to the Committee on Health, bia, transmitting, pursuant to law, a report S. 3079. A bill to make participation in the Education, Labor, and Pensions. on D.C. Act 19–350, ‘‘Wrongful Death Tem- American Community Survey voluntary, ex- EC–6069. A communication from the Direc- porary Act of 2012’’; to the Committee on cept with respect to certain basic questions, tor of Regulations and Policy Management Homeland Security and Governmental Af- and for other purposes; to the Committee on Staff, Food and Drug Administration, De- fairs. Homeland Security and Governmental Af- partment of Health and Human Services, EC–6079. A communication from the Chief fairs. transmitting, pursuant to law, the report of of the Liaison and Policy Section, Drug En- By Mr. SANDERS: a rule entitled ‘‘Disqualification of a Clinical forcement Administration, Department of S. 3080. A bill to eliminate certain sub- Investigator’’ ((RIN0910–AG49) (Docket No. Justice, transmitting, pursuant to law, the sidies for fossil-fuel production; to the Com- FDA–2011–0079)) received during adjournment report of a rule entitled ‘‘Controlled Sub- mittee on Finance. of the Senate in the Office of the President stances and List I Chemical Registration and By Mr. DURBIN (for himself, Mr. LAU- of the Senate on May 4, 2012; to the Com- Reregistration Fees’’ (RIN1117–AB32) re- TENBERG, and Mr. BLUMENTHAL): mittee on Health, Education, Labor, and ceived during adjournment of the Senate in S. 3081. A bill to amend the Internal Rev- Pensions. the Office of the President of the Senate on enue Code of 1986 to provide tax rate parity EC–6070. A communication from the Senior May 4, 2012; to the Committee on the Judici- among all tobacco products, and for other Procurement Executive/Deputy Chief Acqui- ary. purposes; to the Committee on Finance. sition Officer, Office of Acquisition Policy, EC–6080. A communication from the Direc- By Mr. BENNET (for himself and Mr. General Services Administration, transmit- tor of the Regulation Policy and Manage- JOHANNS):

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6531 S. 3082. A bill to amend title 38, United dyed, not carded, combed, or otherwise proc- methyl-5-(oxo-kO)-1H-pyrazol-1- States Code, to establish the National Vet- essed for spinning, with a cut fiber length of yl]benzenefulfonamidato(2-)]-, sodium (1:1); erans Support Network to carry out activi- 100 mm to 135 mm and a target length of 120 to the Committee on Finance. ties to support and supplement the mission mm; to the Committee on Finance. By Mrs. HAGAN: of the Department of Veterans Affairs, and By Mrs. HAGAN: S. 3104. A bill to extend the temporary sus- for other purposes; to the Committee on Vet- S. 3094. A bill to extend the temporary sus- pension of duty on acid blue 324; to the Com- erans’ Affairs. pension of duty on acrylic staple fiber, dyed, mittee on Finance. By Mr. RUBIO: not carded, combed, or otherwise processed By Mrs. HAGAN: S. 3083. A bill to amend the Internal Rev- for spinning, with a cut fiber length of 89 to S. 3105. A bill to suspend temporarily the enue Code of 1986 to require certain non- 140 mm and a target length of 115 mm; to the duty on mixtures-of cobaltate(3-), bis[2-[[[4- resident aliens to provide valid immigration Committee on Finance. (hydroxy-kO)-3-[2-[2-(oxo-kO)-1- documents to claim the refundable portion By Mrs. HAGAN: [(pheylamino) carbonyl] propyl] diazenyl- of the child tax credit; to the Committee on S. 3095. A bill to extend the temporary sus- kN1] phenyl] sulfonyl] amino] benzoato(3-)]-, Finance. pension of duty on acrylic staple fibers, dyed ammonium sodium and coaltate(2-), [2-[[[4- By Mr. BURR: but not carded, combed, or otherwise proc- (hydroxy-kO)-3- [2-[2-(oxo-kO)-1- S. 3084. A bill to require the Secretary of essed for spinning, with a cut fiber length of [(phenylamino) carbonyl] propyl] diazenyl- Veterans Affairs to reorganize the Veterans 100 mm to 135 mm and a target length of 120 kN1] phenyl] sulfonyl] amino] benzoato (3- Integrated Service Networks of the Veterans mm; to the Committee on Finance. )][2-[2-[2-(hydroxy-kO)-5-[(phenylamino) Health Administration, and for other pur- By Mrs. HAGAN: sulfony] phenyl] diazenyl-kN1]-3- (oxokO)-N- poses; to the Committee on Veterans’ Af- S. 3096. A bill to extend the temporary sus- phenylbutanamidato (2-)]-, ammonium so- fairs. pension of duty on acrylic staple fibers, not dium; to the Committee on Finance. By Mr. MENENDEZ (for himself, Mrs. dyed and not carded, combed, or otherwise By Mrs. HAGAN: BOXER, Mr. REED, Mr. MERKLEY, Ms. processed for spinning, with a cut fiber S. 3106. A bill to extend the temporary sus- STABENOW, Mr. DURBIN, Mr. FRANKEN, length of 89 mm to 140 mm and a target pension of duty on Reactive Black 5; to the Mr. BEGICH, Mrs. FEINSTEIN, Mr. LAU- length of 115 mm; to the Committee on Fi- Committee on Finance. TENBERG, and Mr. SCHUMER): nance. By Mrs. HAGAN: S. 3085. A bill to provide for the expansion By Mrs. HAGAN: S. 3107. A bill to suspend temporarily the of affordable refinancing of mortgages held S. 3097. A bill to extend the temporary sus- duty on certain other made up articles; to by the Federal National Mortgage Associa- pension of duty on acrylic or modacrylic sta- the Committee on Finance. tion and the Federal Home Loan Mortgage ple fibers, carded, combed, or otherwise proc- By Mrs. HAGAN: Corporation; to the Committee on Banking, essed for spinning; to the Committee on Fi- S. 3108. A bill to suspend temporarily the Housing, and Urban Affairs. nance. duty on ethanol, 2,2′-[[4-[2-(3,5-dinitro-2- By Mrs. HAGAN: By Mrs. HAGAN: thienyl)diazenyl]phenyl]imino]bis-, 1,1′-di- S. 3086. A bill to extend the temporary sus- S. 3098. A bill to extend the temporary sus- acetate; to the Committee on Finance. pension of duty on acrylic staple fibers con- pension of duty on mucochloric acid; to the By Mrs. HAGAN: taining 85 percent or more by weight of acry- Committee on Finance. S. 3109. A bill to suspend temporarily the lonitrile units and 2 percent or more but not By Mrs. HAGAN: duty on 2,7-naphthalenedisulfonic acid, 3,3′- over 3 percent of water, raw white (undyed), S. 3099. A bill to extend the temporary sus- [carbonylbis(imino-4,1-phenylene-2,1- crimped, with an average decitex of 1.1 (plus pension of duty on 4-Chloro-3,5-dinitro- a,a,a- diazenydiyl)]bis[4-amino-5-hydroxy-6-(2- or minus 10 percent) and fiber length of 38 trifluorotoluene; to the Committee on Fi- phenyldiazenyl)-, sodium salt (1:4); to the mm (plus or minus 10 percent); to the Com- nance. Committee on Finance. mittee on Finance. By Mrs. HAGAN: By Mrs. HAGAN: By Mrs. HAGAN: S. 3100. A bill to suspend temporarily the S. 3110. A bill to extend the temporary sus- S. 3087. A bill to suspend temporarily the duty on [2,2′-bi-1H-indole]-3,3′-diol, potas- pension of duty on disperse blue 77; to the duty on acrylic filament tow containing 85 sium sodium salt; to the Committee on Fi- Committee on Finance. percent or more by weight of acrylonitrile nance. By Mrs. HAGAN: units and 2 percent or more but not over 3 By Mrs. HAGAN: S. 3111. A bill to suspend temporarily the percent of water, colored, crimped, with an S. 3101. A bill to suspend temporarily the duty on cobaltate(1-), bis[4-(hydroxy-k O)-3- average decitex of 3.3 (plus or minus 10 per- duty on mixtures of 9,10-anthracenedione, [2-[2-(hydroxy-k O)-1-naphthalenyl]diazenyl- cent) and an aggregate filament measure in 1,8-dihydroxy-4-nitro-5- (phenylamino)- and k N1]benzenesulfonamidato(2-)]-, sodium the tow bundle between 660,000 and 1,2000,000 3- Pyridinecarbonitrile, 5-[2-(2- cyano-4- (1:1); to the Committee on Finance. decitex, with a length greater than 2 meters; nitrophenyl) diazenyl]-2-[[2-(2- By Mrs. HAGAN: to the Committee on Finance. hydroxyethoxy)ethyl]amino]- 4-methyl-6- S. 3112. A bill to renew the temporary sus- By Mrs. HAGAN: pension of duty on cuprate (4-), [2-[[3-[[sub- S. 3088. A bill to extend the temporary sus- (phenylamino)- and 3-Pyridinecarbonitrile, 5- stituted]-1,3,5-triazin-2-yl]amino]-2-hydroxy- pension of duty on filament tow of rayon; to [(2-cyano-4-nitrophenyl) diazenyl]-6-[[2-(2- 5-sulfophenyl](substituted)azo], sodium salt; the Committee on Finance. hydroxyethoxy)ethyl]amino]- 4-methyl-2- to the Committee on Finance. By Mrs. HAGAN: (phenylamino)- and Acetic acid, cyano-[3-[(6- S. 3089. A bill to extend the temporary sus- methoxy-2-benzothiazoyl)amino]-1H- By Mrs. HAGAN: pension of duty on staple fibers of viscose isoindol-1- ylidene]-, pentyl ester; to the S. 3113. A bill to suspend temporarily the rayon, not carded, combed, or otherwise Committee on Finance. duty on 2-anthracenesulfonic acid, 1-amino- processed for spinning, measuring 1.67 to By Mrs. HAGAN: 9,10-dioxo-4-[[3-[[2- 16.67 decitex and having a fiber length each S. 3102. A bill to suspend temporarily the (sulfooxy)ethyl]sulfonyl]phenyl]amino]-, so- measuring 20 mm or more but not over 150 duty on mixtures of 2,7- dium salth (1:2); to the Committee on Fi- mm; to the Committee on Finance. naphthalenedisulfonic acid, 4-amino-5-hy- nance. By Mrs. HAGAN: droxy-6-[2-[2-methoxy-5-[[2- By Mrs. HAGAN: S. 3090. A bill to renew the temporary re- (sulfooxy)ethyl]sulfonyl]]phenyl]di azenyl]-, S. 3114. A bill to suspend temporarily the duction of duty on staple fibers of viscose sodium salt (1:4) and 2,7- duty on cobaltate(2-), [6-(amino-kN)-5-[2-[2- rayon, not carded, combed, or otherwise Naphtalenedisulfonic acid, 4-amino-5-hy- (hydroxy-kO)-4-nitrophenyl]diazenyl-kN1]-N- processed for spinning; to the Committee on droxy-3,6-bix[2-[4-[[2-(sulfooxy)ethyl] methyl-2-naphthalenesulfonamidato(2-)][6- Finance. sulfonyl]]phenyl]diazenyl]-, sodium salt (1:4); (amino-kN)-5-[2-[2-(hydroxy-kO)-4- By Mrs. HAGAN: to the Committee on Finance. nitrophenyl]diazenyl-kN1]-2- S. 3091. A bill to extend the temporary re- By Mrs. HAGAN: naphthalenesulfonato(3-)]-, sodium (1:2); to duction of duty on viscose rayon staple fi- S. 3103. A bill to suspend temporarily the the Committee on Finance. bers having a decitex of less than 5.0; to the duty on mixures of chromate(2-), [3-(hy- By Mrs. HAGAN: Committee on Finance. droxy-kO)-4-[2-[2-(hydroxy-kO)-1- S. 3115. A bill to suspend temporarily the By Mrs. HAGAN: naphthalenyl]diazenyl-kN2]-1-naphta- duty on acetic acid, cyano-(3-[(6-methyoxy-2- S. 3092. A bill to extend the temporary sus- enesulfonato(3-)[1-[2-[2-(hydroxy-kO)-5-[2-(4- benzothiazoyl)amino]-1H-isoindol-1- pension of duty on staple fibers of rayon, methyoxyphenyl)diazenyl]phenyl]diazenyl- ylidene}-, pentyl ester; to the Committee on carded, combed, or otherwise processed for kN2]-2-naphtalenolato(2-)-kO]-sodium (1:2) Finance. spinning, presented in the form of top; to the and coaltate(1-), bis[2-[2-[5-(aminosulfonyl)- By Mrs. HAGAN: Committee on Finance. 2-(hydroxy-kO)phenyl]diazenyl-kN1]-3-(oxo- S. 3116. A bill to suspend temporarily the By Mrs. HAGAN: kO)-N-phenylbutanamidato(2-)], sodium (1:1) duty on 2-naphthalenesulfonic acid, S. 3093. A bill to extend the temporary sus- and chromate(1-), bis[3-[4-[5-chloro-2-(hy- 5,5′[carobnylbis(imino-4,1-phenylene-2,1-dia pension of duty on acrylic staple fiber, not droxy-lO)phenyl]diazenyl-kN1]-4,5-dihydro-3- zenediyl)]bis[8-[2-(4-sulfophenyl)diazenyl]-,

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6532 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 sodium salt (1:4); to the Committee on Fi- By Mrs. HAGAN: By Mrs. HAGAN: nance. S. 3127. A bill to extend the temporary sus- S. 3142. A bill to extend the temporary sus- By Mrs. HAGAN: pension of duty on acrylic filament tow con- pension of duty on Hostapur SAS; to the S. 3117. A bill to renew the temporary sus- taining 85 percent or more by weight of acry- Committee on Finance. pension of duty on vat blue 66; to the Com- lonitrile units and 2 percent or more but not By Mrs. HAGAN: mittee on Finance. over 3 percent of water, raw white (undyed), S. 3143. A bill to suspend temporarily the By Mrs. HAGAN: crimped, with an average decitex of 4.1 (plus duty on confectionery (including gum) con- S. 3118. A bill to extend the temporary sus- or minus 10 percent) and an aggregate fila- taining synthetic sweetening agents (e.g., pension of duty on disperse yellow 64; to the ment measure in the tow bundle from 660,000 saccharin) instead of sugar; to the Com- Committee on Finance. to 1,200,000 decitex, with a length greater mittee on Finance. By Mrs. HAGAN: than 2 meters; to the Committee on Finance. By Mrs. HAGAN: S. 3119. A bill to extend the temporary sus- By Mrs. HAGAN: S. 3144. A bill to suspend temporarily the pension of duty on disperse red 60; to the S. 3128. A bill to extend the temporary sus- duty on preparations intended to assist Committee on Finance. pension of duty on acrylic filament tow con- smokers to stop smoking; to the Committee By Mrs. HAGAN: taining 85 percent or more by weight of acry- on Finance. S. 3120. A bill to suspend temporarily the lonitrile units and 2 percent or more but not By Mrs. HAGAN: duty on staple fibers of viscose rayon, not over 3 percent of water, raw white (undyed), S. 3145. A bill to suspend temporarily the carded, combed, or otherwise processed for crimped, with an average decitex of 2.2 (plus duty on Oxyfluorfen; to the Committee on spinning, measuring over 1.3 decitex but not or minus 10 percent) and an aggregate fila- Finance. over 1.66 decitex and having a fiber length ment measure in the tow bundle from 660,000 By Mrs. HAGAN: each measuring 20 mm or more but not over to 1,200,000 decitex, with a length greater S. 3146. A bill to suspend temporarily the 150 mm; to the Committee on Finance. than two meters; to the Committee on Fi- duty on Acifluorfen; to the Committee on Fi- By Mrs. HAGAN: nance. nance. S. 3121. A bill to extend the temporary sus- By Mrs. HAGAN: By Mrs. HAGAN: pension of duty on modacrylic staple fibers S. 3129. A bill to extend the temporary sus- S. 3147. A bill to suspend temporarily the containing 35 percent or more but not over 85 pension of duty on acrylic fiber tow con- duty on certain eyelash curlers; to the Com- percent by weight of acrylonitrile units and taining 85 percent or more by weight of acry- mittee on Finance. 2 percent or more but not over 3 percent of lonitrile units and 2 percent or more but not By Mrs. HAGAN: water, not pigmented (ecru), crimped, with over 3 percent of water, raw white (undyed), S. 3148. A bill to suspend temporarily the an average decitex of 2.2 (plus or minus 10 crimped, with an average decitex of 3.3 (plus duty on manicure and pedicure sets; to the percent) and fiber length of 51 mm (plus or or minus 10 percent) and an aggregate fila- Committee on Finance. minus 10 percent); to the Committee on Fi- ment measure in the tow bundle from 660,000 By Mrs. HAGAN: S. 3149. A bill to suspend temporarily the nance. to 1,200,000 decitex, with a length greater duty on nail clippers; to the Committee on By Mrs. HAGAN: than 2 meters; to the Committee on Finance. Finance. S. 3122. A bill to extend the temporary sus- By Mrs. HAGAN: By Mrs. HAGAN: pension of duty on modacrylic staple fibers S. 3130. A bill to suspend temporarily the S. 3150. A bill to suspend temporarily the containing 35 percent or more but not over 85 duty on Fluopyram; to the Committee on Fi- nance. duty on certain plaiting material products percent by weight of acrylonitrile units and suitable for use in window shades; to the 2 percent or more but not over 3 percent of By Mrs. HAGAN: S. 3131. A bill to suspend temporarily the Committee on Finance. water, not pigmented (ecru), crimped, with By Mrs. HAGAN: an average decitex of 1.9 (plus or minus 10 duty on imdaziflam; to the Committee on Fi- nance. S. 3151. A bill to suspend temporarily the percent) and fiber length of 51 mm (plus or duty on certain plaiting material products minus 10 percent); to the Committee on Fi- By Mrs. HAGAN: S. 3132. A bill to suspend temporarily the suitable for use in window shades; to the nance. Committee on Finance. By Mrs. HAGAN: duty on flubendiamide; to the Committee on Finance. By Mrs. HAGAN: S. 3123. A bill to extend the temporary sus- S. 3152. A bill to suspend temporarily the pension of duty on acrylic staple fibers con- By Mrs. HAGAN: S. 3133. A bill to suspend temporarily the duty on lithium chloride; to the Committee taining at least 85 percent by weight of acry- on Finance. lonitrile units and 2 percent or more but not duty on fenhexamid; to the Committee on Finance. By Mrs. HAGAN: more than 3 percent of water, not dyed or By Mrs. HAGAN: S. 3153. A bill to suspend temporarily the pigmented (ecru), crimped, with an average S. 3134. A bill to suspend temporarily the duty on lithium carbonate; to the Com- decitex of 1.9 (plus or minus 10 percent) and duty on fluopicolide; to the Committee on mittee on Finance. fiber length of 51 mm (plus or minus 10 per- Finance. By Mrs. HAGAN: cent); to the Committee on Finance. By Mrs. HAGAN: S. 3154. A bill to extend and modify the By Mrs. HAGAN: S. 3135. A bill to extend the temporary sus- temporary reduction of duty on acrylic fila- S. 3124. A bill to extend the temporary sus- pension of duty on Fenamidone; to the Com- ment tow imported in the form of 8 sub-bun- pension of duty on acrylic staple fibers con- mittee on Finance. dles crimped together, each containing 24,000 taining at least 85 percent by weight of acry- By Mrs. HAGAN: filaments (plus or minus 10 percent); to the lonitrile units and 2 percent or more but not S. 3136. A bill to extend the temporary re- Committee on Finance. more than 3 percent of water, raw white duction of duty on Imidacloprid; to the Com- By Mrs. HAGAN: (undyed), crimped, with an average decitex mittee on Finance. S. 3155. A bill to suspend temporarily the of 2.2 (plus or minus 10 percent) and fiber By Mrs. HAGAN: duty on acrylic filament tow imported in the length of 38 mm (plus or minus 10 percent); S. 3137. A bill to extend the temporary sus- form of bundles of crimped product, each to the Committee on Finance. pension of duty on 2,4-dichloroaniline; to the containing 198,000 filaments (plus or minus 10 By Mrs. HAGAN: Committee on Finance. percent) with an average decitex of 4.0 to 5.6 S. 3125. A bill to extend the temporary sus- By Mrs. HAGAN: (plus or minus 10 percent) and length greater pension of duty on acrylic staple fibers con- S. 3138. A bill to extend the temporary sus- than 2 meters; to the Committee on Finance. taining at least 85 percent by weight of acry- pension of duty on trinexapac-ethyl; to the By Mrs. HAGAN: lonitrile units and 2 percent or more but not Committee on Finance. S. 3156. A bill to extend the temporary sus- over 3 percent of water, raw white (undyed), By Mrs. HAGAN: pension of duty on acrylic filament tow im- crimped, with an average decitex of 1.3 (plus S. 3139. A bill to extend the temporary sus- ported in the form of bundles of crimped or minus 10 percent) and fiber length of 38 pension of duty on Cypermethrin; to the product each containing 214,000 filaments mm (plus or minus 10 percent); to the Com- Committee on Finance. (plus or minus 10 percent); to the Committee mittee on Finance. By Mrs. HAGAN: on Finance. By Mrs. HAGAN: S. 3140. A bill to suspend temporarily the By Mrs. HAGAN: S. 3126. A bill to extend the temporary sus- duty on staple fibers of viscose rayon, not S. 3157. A bill to suspend temporarily the pension of duty on acrylic staple fibers carded, combed, or otherwise processed for duty on acrylic filament tow imported in the (polyacrylonitrile staple) containing 85 per- spinning, measuring over 1 decitex but not form of bundles of crimped product of 250,000 cent or more by weight of acrylonitrile units over 1.3 decitex and having a fiber length to 350,000 filaments (plus or minus 10 per- and 2 percent or more but not over 3 percent each measuring 20 mm or more but not over cent) with an average decitex of 2.4 to 3.7 of water, not pigmented (ecru), crimped, 150 mm; to the Committee on Finance. (plus or minus 10 percent) and length greater with an average decitex of 1.3 (plus or minus By Mrs. HAGAN: than 2 meters; to the Committee on Finance. 10 percent) and fiber length of 40 mm (plus or S. 3141. A bill to extend the temporary sus- By Mrs. HAGAN: minus 10 percent); to the Committee on Fi- pension of duty on Hostavin 3058; to the S. 3158. A bill to suspend temporarily the nance. Committee on Finance. duty on acrylic staple fibers, not carded,

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6533 combed, or otherwise processed for spinning, and making long-term services and supports action to prevent bullying and harass- with a decitex of 2.4 to 3.7 (plus or minus 10 affordable and accessible in communities is ment of students. percent), a fiber shrinkage of from 0 to 22 necessary to uphold the right of seniors and S. 598 percent (plus or minus 10 percent), and a cut individuals with disabilities in the United fiber length of 89 to 140 mm, with a target States to a dignified quality of life; to the At the request of Mrs. FEINSTEIN, the length of 115 mm; to the Committee on Fi- Committee on Health, Education, Labor, and name of the Senator from Rhode Island nance. Pensions. (Mr. REED) was added as a cosponsor of By Mrs. HAGAN: By Mr. CRAPO (for himself, Mr. CAR- S. 598, a bill to repeal the Defense of S. 3159. A bill to suspend temporarily the PER, Ms. LANDRIEU, and Mr. RISCH): Marriage Act and ensure respect for duty on acrylic filament tow imported in the S. Res. 454. A resolution commending the State regulation of marriage. form of bundles of crimped product, each Nuclear Regulatory Commission and the De- containing 250,000 filaments (plus or minus 10 partment of Energy hosting the Third Inter- S. 740 percent) with an average decitex of 3.3 to 5.6 national Conference on Nuclear Power Plant At the request of Mr. REED, the name (plus or minus 10 percent) and length greater Life Management; to the Committee on For- of the Senator from Montana (Mr. than 2 meters; to the Committee on Finance. eign Relations. TESTER) was added as a cosponsor of S. By Mrs. HAGAN: By Mr. CONRAD (for himself, Mr. 740, a bill to revise and extend provi- S. 3160. A bill to extend the temporary sus- BLUMENTHAL, Mr. CASEY, Mr. COONS, sions under the Garrett Lee Smith Me- pension of duty on Spiromesifen; to the Com- Mr. HOEVEN, Mr. LEAHY, Mr. ROCKE- morial Act. mittee on Finance. FELLER, Mr. SANDERS, Ms. SNOWE, By Mrs. HAGAN: Ms. STABENOW, Ms. MIKULSKI, Mr. S. 881 S. 3161. A bill to suspend temporarily the TESTER, Mr. KERRY, and Mr. JOHNSON At the request of Ms. LANDRIEU, the duty on Indaziflam; to the Committee on Fi- of South Dakota): names of the Senator from Nebraska nance. S. Res. 455. A resolution designating June (Mr. NELSON) and the Senator from 27, 2012, as ‘‘National Post-Traumatic Stress By Mrs. HAGAN: Montana (Mr. TESTER) were added as Disorder Awareness Day’’; to the Committee S. 3162. A bill to suspend temporarily the cosponsors of S. 881, a bill to amend the duty on Flubendiamide; to the Committee on on the Judiciary. Finance. By Mr. LEAHY (for himself, Mr. Consumer Credit Protection Act to as- By Mrs. HAGAN: GRASSLEY, Ms. LANDRIEU, Mr. HATCH, sure meaningful disclosures of the S. 3163. A bill to extend the temporary sus- Mr. COONS, Mr. WHITEHOUSE, Mr. terms of rental-purchase agreements, pension of duty on Sodium monochloroace- DURBIN, Mrs. BOXER, Mr. LEVIN, Mr. including disclosures of all costs to tate; to the Committee on Finance. KOHL, Mr. TESTER, Mr. KERRY, Mr. consumers under such agreements, to By Mrs. HAGAN: SCHUMER, Ms. MIKULSKI, Mrs. MUR- provide substantive rights to con- S. 3164. A bill to suspend temporarily the RAY, Mr. BAUCUS, Mrs. FEINSTEIN, Ms. sumers under such agreements, and for KLOBUCHAR, and Mr. SESSIONS): duty on Reactive Black 31; to the Committee other purposes. on Finance. S. Res. 456. A resolution commemorating By Mrs. HAGAN: and acknowledging the dedication and sac- S. 1058 S. 3165. A bill to renew the temporary sus- rifice made by the Federal, State, and local At the request of Mr. PRYOR, the pension of duty on Pigment Yellow 154; to law enforcement officers who have been name of the Senator from North Da- the Committee on Finance. killed or injured in the line of duty; consid- kota (Mr. CONRAD) was added as a co- By Mrs. HAGAN: ered and agreed to. sponsor of S. 1058, a bill to amend the S. 3166. A bill to renew the temporary sus- By Mr. LUGAR: S. Res. 457. A resolution expressing the Public Health Service Act to ensure pension of duty on Pigment Yellow 175; to transparency and proper operation of the Committee on Finance. sense of Congress that the Republic of Ar- By Mrs. HAGAN: gentina’s membership in the G20 should be pharmacy benefit managers. S. 3167. A bill to suspend temporarily the conditioned on its adherence to inter- S. 1086 national norms of economic relations and duty on Pigment Yellow 151; to the Com- At the request of Mr. HARKIN, the mittee on Finance. commitment to the rule of law; to the Com- name of the Senator from Hawaii (Mr. By Mrs. HAGAN: mittee on Foreign Relations. By Mr. JOHANNS (for himself, Ms. INOUYE) was added as a cosponsor of S. S. 3168. A bill to extend the temporary sus- 1086, a bill to reauthorize the Special pension of duty on Hostanox P-EPQ; to the STABENOW, and Mr. ROBERTS): Committee on Finance. S. Res. 458. A resolution commemorating Olympics Sport and Empowerment Act By Mrs. HAGAN: May 15, 2012, as the sesquicentennial of the of 2004, to provide assistance to Best S. 3169. A bill to extend and modify the founding of the Department of Agriculture; Buddies to support the expansion and temporary suspension of duty on prepara- considered and agreed to. development of mentoring programs, tions based on ethanediamide, N-(2- f and for other purposes. ethoxyphenyl)- N′-(4-isodecylphenyl)-; to the ADDITIONAL COSPONSORS S. 1111 Committee on Finance. By Mrs. HAGAN: S. 503 At the request of Mr. UDALL of Colo- S. 3170. A bill to extend the temporary sus- At the request of Mr. INHOFE, the rado, the name of the Senator from pension of duty on Hostavin 3055; to the name of the Senator from Oklahoma Georgia (Mr. ISAKSON) was added as a Committee on Finance. (Mr. COBURN) was added as a cosponsor cosponsor of S. 1111, a bill to amend the By Mrs. HAGAN: of S. 503, a bill to declare English as Internal Revenue Code of 1986 to reduce S. 3171. A bill to extend the temporary sus- the official language of the United the tax on beer to its pre-1991 level, and pension of duty on Nylostab seed; to the for other purposes. Committee on Finance. States, to establish a uniform English By Mrs. HAGAN: language rule for naturalization, and S. 1299 S. 3172. A bill to renew the temporary sus- to avoid misconstructions of the At the request of Mr. MORAN, the pension of duty on Ethanoyl chloride; to the English language texts of the laws of name of the Senator from Wisconsin Committee on Finance. the United States, pursuant to Con- (Mr. KOHL) was added as a cosponsor of f gress’ powers to provide for the general S. 1299, a bill to require the Secretary SUBMISSION OF CONCURRENT AND welfare of the United States and to es- of the Treasury to mint coins in com- SENATE RESOLUTIONS tablish a uniform rule of naturalization memoration of the centennial of the under article I, section 8, of the Con- establishment of Lions Clubs Inter- The following concurrent resolutions stitution. national. and Senate resolutions were read, and S. 506 S. 1301 referred (or acted upon), as indicated: At the request of Mr. CASEY, the At the request of Mr. LEAHY, the By Mr. HARKIN: names of the Senator from North Da- name of the Senator from Mississippi S. Res. 453. A resolution expressing the kota (Mr. CONRAD) and the Senator (Mr. WICKER) was added as a cosponsor sense of the Senate that supporting seniors and individuals with disabilities is an impor- from Wisconsin (Mr. KOHL) were added of S. 1301, a bill to authorize appropria- tant responsibility of the United States, and as cosponsors of S. 506, a bill to amend tions for fiscal years 2012 through 2015 that a comprehensive approach to expanding the Elementary and Secondary Edu- for the Trafficking Victims Protection and supporting a strong home care workforce cation Act of 1965 to address and take Act of 2000, to enhance measures to

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6534 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 combat trafficking in persons, and for 2017, a bill to secure the Federal voting sponsor of S. 2371, a bill to amend the other purposes. rights of persons when released from National Labor Relations Act to per- S. 1309 incarceration. mit employers to pay higher wages to At the request of Mr. SCHUMER, the S. 2103 their employees. name of the Senator from Oregon (Mr. At the request of Mr. LEE, the names S. 2388 WYDEN) was added as a cosponsor of S. of the Senator from Iowa (Mr. GRASS- At the request of Mr. BEGICH, the 1309, a bill to amend title XIX of the LEY) and the Senator from Kansas (Mr. name of the Senator from West Vir- Social Security Act to cover physician ROBERTS) were added as cosponsors of ginia (Mr. ROCKEFELLER) was added as services delivered by podiatric physi- S. 2103, a bill to amend title 18, United a cosponsor of S. 2388, a bill to reau- cians to ensure access by Medicaid States Code, to protect pain-capable thorize and amend the National Oce- beneficiaries to appropriate quality unborn children in the District of Co- anic and Atmospheric Administration foot and ankle care. lumbia, and for other purposes. Commissioned Officer Corps Act of S. 1512 S. 2118 2002, and for other purposes. At the request of Ms. SNOWE, the At the request of Mr. CORNYN, the S. 3053 name of the Senator from Maine (Ms. name of the Senator from Texas (Mrs. At the request of Mr. INHOFE, the COLLINS) was added as a cosponsor of S. HUTCHISON) was added as a cosponsor of name of the Senator from Utah (Mr. 1512, a bill to amend the Internal Rev- S. 2118, a bill to remove unelected, un- HATCH) was added as a cosponsor of S. enue Code of 1986 and the Small Busi- accountable bureaucrats from seniors’ 3053, a bill to require Regional Admin- ness Act to expand the availability of personal health decisions by repealing istrators of the Environmental Protec- employee stock ownership plans in S the Independent Payment Advisory tion Agency to be appointed by and corporations, and for other purposes. Board. with the advice and consent of the Sen- S. 1591 S. 2165 ate. At the request of Mrs. GILLIBRAND, At the request of Mrs. BOXER, the S.J. RES. 38 the names of the Senator from Iowa names of the Senator from Idaho (Mr. At the request of Mr. GRAHAM, the (Mr. HARKIN), the Senator from Ten- CRAPO), the Senator from Rhode Island name of the Senator from Georgia (Mr. nessee (Mr. CORKER) and the Senator (Mr. WHITEHOUSE), the Senator from Il- CHAMBLISS) was added as a cosponsor of from Oregon (Mr. MERKLEY) were added linois (Mr. KIRK) and the Senator from S.J. Res. 38, a joint resolution dis- as cosponsors of S. 1591, a bill to award Alaska (Ms. MURKOWSKI) were added as approving a rule submitted by the De- a Congressional Gold Medal to Raoul cosponsors of S. 2165, a bill to enhance partment of Labor relating to the cer- Wallenberg, in recognition of his strategic cooperation between the tification of nonimmigrant workers in achievements and heroic actions dur- United States and Israel, and for other temporary or seasonal nonagricultural ing the Holocaust. purposes. employment. S. 1616 S. 2205 S. RES. 402 At the request of Mr. MENENDEZ, the At the request of Mr. MORAN, the At the request of Mr. COONS, the name of the Senator from California names of the Senator from Alabama name of the Senator from Oregon (Mr. (Mrs. BOXER) was added as a cosponsor (Mr. SESSIONS) and the Senator from WYDEN) was added as a cosponsor of S. of S. 1616, a bill to amend the Internal Mississippi (Mr. WICKER) were added as Res. 402, a resolution condemning Jo- Revenue Code of 1986 to exempt certain cosponsors of S. 2205, a bill to prohibit seph Kony and the Lord’s Resistance stock of real estate investment trusts funding to negotiate a United Nations Army for committing crimes against from the tax on foreign investments in Arms Trade Treaty that restricts the humanity and mass atrocities, and sup- United States real property interests, Second Amendment rights of United porting ongoing efforts by the United and for other purposes. States citizens. States Government and governments S. 1718 S. 2245 in central Africa to remove Joseph At the request of Mr. JOHANNS, his At the request of Mr. BARRASSO, the Kony and Lord’s Resistance Army com- name was added as a cosponsor of S. names of the Senator from Tennessee manders from the battlefield. 1718, a bill to amend title XVIII of the (Mr. ALEXANDER) and the Senator from S. RES. 450 Social Security Act with respect to the Alaska (Ms. MURKOWSKI) were added as At the request of Mr. GRAHAM, the application of Medicare secondary cosponsors of S. 2245, a bill to preserve name of the Senator from Alaska (Mr. payer rules for certain claims. existing rights and responsibilities BEGICH) was added as a cosponsor of S. S. 1796 with respect to waters of the United Res. 450, a resolution designating May At the request of Mr. ISAKSON, the States. 15, 2012, as ‘‘National MPS Awareness name of the Senator from Georgia (Mr. S. 2325 Day’’. CHAMBLISS) was added as a cosponsor of At the request of Mr. NELSON of Flor- f S. 1796, a bill to make permanent the ida, the names of the Senator from STATEMENTS ON INTRODUCED Internal Revenue Service Free File North Dakota (Mr. HOEVEN), the Sen- BILLS AND JOINT RESOLUTIONS program. ator from Alaska (Ms. MURKOWSKI) and By Mr. DURBIN (for himself, Mr. S. 2003 the Senator from Rhode Island (Mr. LAUTENBERG, and Mr. WHITEHOUSE) were added as cosponsors At the request of Mrs. FEINSTEIN, the BLUMENTHAL): of S. 2325, a bill to authorize further as- names of the Senator from Oregon (Mr. S. 3081. A bill to amend the Internal sistance to Israel for the Iron Dome MERKLEY) and the Senator from New Revenue Code of 1986 to provide tax anti-missile defense system. Jersey (Mr. MENENDEZ) were added as rate parity among all tobacco prod- cosponsors of S. 2003, a bill to clarify S. 2347 ucts, and for other purposes; to the that an authorization to use military At the request of Mr. CARDIN, the Committee on Finance. force, a declaration of war, or any simi- name of the Senator from Maine (Ms. Mr. DURBIN. Mr. President, I ask lar authority shall not authorize the COLLINS) was added as a cosponsor of S. unanimous consent that the text of the detention without charge or trial of a 2347, a bill to amend title XVIII of the bill be printed in the RECORD. citizen or lawful permanent resident of Social Security Act to ensure the con- There being no objection, the text of the United States and for other pur- tinued access of Medicare beneficiaries the bill was ordered to be printed in poses. to diagnostic imaging services. the RECORD, as follows: S. 2017 S. 2371 S. 3081 At the request of Mr. CARDIN, the At the request of Mr. RUBIO, the Be it enacted by the Senate and House of Rep- name of the Senator from Iowa (Mr. name of the Senator from South Da- resentatives of the United States of America in HARKIN) was added as a cosponsor of S. kota (Mr. THUNE) was added as a co- Congress assembled,

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6535 SECTION 1. SHORT TITLE. enue Code of 1986) after the last day of the Whereas home care is one of the fastest This Act may be cited as the ‘‘Tobacco Tax month which includes the date of the enact- growing industries in the United States Equity Act of 2012’’. ment of this Act. economy, providing critical daily care, serv- SEC. 2. ESTABLISHING EXCISE TAX EQUITY (2) DISCRETE SINGLE-USE UNITS AND PROC- ices, and supports to millions of individuals AMONG ALL TOBACCO PRODUCT ESSED TOBACCO.—The amendments made by and families across the country; TAX RATES. subsections (b)(1)(C), (b)(2), and (d) shall Whereas an estimated 1,800,000 additional (a) TAX PARITY FOR PIPE TOBACCO AND apply to articles removed (as defined in sec- home care workers will be needed during the ROLL-YOUR-OWN TOBACCO.—Section 5701(f) of tion 5702(j) of the Internal Revenue Code of next decade to serve the growing population the Internal Revenue Code of 1986 is amended 1986) after the date that is 6 months after the of seniors and individuals with disabilities; by striking ‘‘$2.8311 cents’’ and inserting date of the enactment of this Act. Whereas the quality of home care jobs is ‘‘$24.78’’. poor, with low wages, few benefits, high f (b) TAX PARITY FOR SMOKELESS TOBACCO.— turnover, and a high level of job stress and (1) Section 5701(e) of the Internal Revenue SUBMITTED RESOLUTIONS hazards; Code of 1986 is amended— Whereas home care and personal assistance (A) in paragraph (1), by striking ‘‘$1.51’’ workers earn a median hourly wage of $9.40, and inserting ‘‘$13.42’’; SENATE RESOLUTION 453—EX- and nearly half of such workers live in (B) in paragraph (2), by striking ‘‘50.33 PRESSING THE SENSE OF THE households that also rely on public assist- cents’’ and inserting ‘‘$5.37’’; and ance; (C) by adding at the end the following: SENATE THAT SUPPORTING SEN- Whereas approximately 58 percent of home ‘‘(3) SMOKELESS TOBACCO SOLD IN DISCRETE IORS AND INDIVIDUALS WITH care workers work part-time, and approxi- SINGLE-USE UNITS.—On discrete single-use DISABILITIES IS AN IMPORTANT mately 40 percent of those part-time workers units, $50.33 per thousand.’’. RESPONSIBILITY OF THE UNITED would prefer to work more hours; (2) Section 5702(m) of such Code is amend- STATES, AND THAT A COM- Whereas nearly 23 percent of the individ- ed— PREHENSIVE APPROACH TO EX- uals who provide home care services were (A) in paragraph (1), by striking ‘‘or chew- PANDING AND SUPPORTING A born outside the United States; ing tobacco’’ and inserting ‘‘chewing to- STRONG HOME CARE WORK- Whereas a stabilized home care workforce bacco, or discrete single-use unit’’; would lead to improved continuity and qual- (B) in paragraphs (2) and (3), by inserting FORCE AND MAKING LONG-TERM ity of long-term services and supports; ‘‘that is not a discrete single-use unit’’ be- SERVICES AND SUPPORTS AF- Whereas the issue of long-term services fore the period in each such paragraph; FORDABLE AND ACCESSIBLE IN and supports is a critical issue for women, as (C) by adding at the end the following: COMMUNITIES IS NECESSARY TO 70 percent of individuals who need such care ‘‘(4) DISCRETE SINGLE-USE UNIT.—The term UPHOLD THE RIGHT OF SENIORS are women 65 years of age or older, 90 per- ‘discrete single-use unit’ means any product AND INDIVIDUALS WITH DIS- cent of paid caregivers are women, and 85 containing tobacco that— ABILITIES IN THE UNITED percent of family members and friends who ‘‘(A) is not intended to be smoked; and STATES TO A DIGNIFIED QUAL- informally provide care are women who ‘‘(B) is in the form of a lozenge, tablet, pill, often have to leave the paid workforce to pouch, dissolvable strip, or other discrete ITY OF LIFE provide such care, and thus are at a financial single-use or single-dose unit.’’. Mr. HARKIN submitted the following disadvantage during their working years and (c) TAX PARITY FOR LARGE CIGARS.—Para- resolution; which was referred to the face a reduction in Social Security benefits graph (2) of section 5701(a) of the Internal Committee on Health, Education, when they retire; and Revenue Code of 1986, as amended by this Labor, and Pensions: Whereas a comprehensive approach that fo- Act, is amended by striking ‘‘but not more cuses on job creation and job quality, work- than 40.26 cents per cigar’’ and inserting S. RES. 453 force training, pathways to citizenship and ‘‘but not less than 5.033 cents per cigar and Whereas the aging of the baby boom gen- career advancement, and support for individ- not more than 100.66 cents per cigar’’. eration will cause the number of individuals uals and families is necessary to build a (d) TAX PARITY FOR ROLL-YOUR-OWN TO- in the United States who are 65 years of age strong home care workforce and make qual- BACCO AND CERTAIN PROCESSED TOBACCO.— or older to increase from 40,000,000 to ity long-term services and supports afford- Subsection (o) of section 5702 of the Internal 70,000,000 during the next 2 decades; able and accessible for all individuals in the Revenue Code of 1986 is amended by inserting Whereas 12,000,000 adults, nearly half of United States: Now, therefore, be it ‘‘, or processed tobacco removed or trans- whom are under 65 years of age, need long- Resolved, That it is the sense of the Senate ferred to a person other than a person with term services and supports due to functional that a comprehensive approach to expanding a permit provided under section 5713’’ after limitations; and supporting a strong home care workforce ‘‘wrappers thereof’’. Whereas the decision of the Supreme Court and making long-term services and supports (e) CLARIFYING TOBACCO PRODUCT DEFINI- in Olmstead v. L.C., 527 U.S. 581 (1999), man- affordable and accessible in communities is TION AND TAX RATE.— dates the end of unnecessary segregation of necessary to uphold the right of seniors and (1) IN GENERAL.—Subsection (c) of section individuals with disabilities in institutions, individuals with disabilities in the United 5702 of the Internal Revenue Code of 1986 is and requires that individuals with disabil- States to a dignified quality of life. amended to read as follows: ities receive services in the most integrated f ‘‘(c) TOBACCO PRODUCTS.—The term ‘to- setting appropriate to their needs; bacco products’ means— Whereas the vast majority of individuals in SENATE RESOLUTION 454—COM- ‘‘(1) cigars, cigarettes, smokeless tobacco, the United States prefer to receive long-term MENDING THE NUCLEAR REGU- pipe tobacco, and roll-your-own tobacco, and services and supports in their homes so that LATORY COMMISSION AND THE ‘‘(2) any other product containing tobacco they may continue to live independently and DEPARTMENT OF ENERGY that is intended or expected to be con- with dignity; HOSTING THE THIRD INTER- sumed.’’. Whereas the costs of long-term services NATIONAL CONFERENCE ON NU- (2) TAX RATE.—Section 5701 of the Internal and supports for seniors and individuals with CLEAR POWER PLANT LIFE MAN- Revenue Code of 1986 is amended by adding disabilities are high; at the end the following new subsection: Whereas the great expense of long-term AGEMENT ‘‘(i) OTHER TOBACCO PRODUCTS.—Any prod- services and supports can affect all individ- Mr. CRAPO (for himself, Mr. CARPER, uct described in section 5702(c)(2) or not oth- uals, regardless of income; Ms. LANDRIEU, and Mr. RISCH) sub- erwise described under this section, includ- Whereas 70 percent of individuals who are mitted the following resolution; which ing any product that has been determined to 65 years of age or older will need some form was referred to the Committee on For- be a tobacco product by the Food and Drug of long-term services and supports; Administration through its authorities Whereas the number of individuals who eign Relations: under the Family Smoking Prevention and need long-term services and supports is pro- S. RES. 454 Tobacco Control Act, shall be taxed at a jected to grow from 12,000,000 to 27,000,000 by Whereas the Third International Con- level of tax equivalent to the tax rate for 2050; ference on Nuclear Power Plant Life Man- cigarettes on an estimated per use basis as Whereas there are approximately 3,000,000 agement has been organized by the Inter- determined by the Secretary.’’. workers in the direct care workforce, leaving national Atomic Energy Agency and will be (f) EFFECTIVE DATES.— a huge gap between the services needed and hosted in the United States for the first time (1) IN GENERAL.—Except as provided in the size of the current workforce; from May 13–17, 2012, in Salt Lake City, paragraph (2), the amendments made by this Whereas the United States is experiencing Utah; section shall apply to articles removed (as a jobs crisis, as 25,000,000 individuals are un- Whereas the Senate recognizes the impor- defined in section 5702(j) of the Internal Rev- employed or underemployed; tant contribution of the United States,

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6536 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 through the Nuclear Regulatory Commis- operations who have sought care at a De- union for the 164th, a memorial for a sion, Department of Energy, and National partment of Veterans Affairs medical center lost friend, and a beacon to those suf- Laboratories, to nuclear power plant life have been diagnosed with PTSD; and fering from PTSD and other mental management; (2) in fiscal year 2011, more than 475,000 of health issues across the region. The Whereas conference attendees will discuss the nearly 6,000,000 veterans from all wars ways to safely and cost-effectively renew the who sought care at a Department of Vet- key point made to me by the event’s operating lifetimes of many of the nuclear erans Affairs medical center received treat- organizer, Staff Sergeant Matt Leaf, is power plants in the world, especially the 104 ment for PTSD; that we have to raise awareness of this operating commercial nuclear power reac- Whereas many cases of PTSD remain unre- issue so that the lives of service mem- tors in the United States; and ported, undiagnosed, and untreated due to a bers, veterans, and other PTSD suf- Whereas the Senate recognizes the con- lack of awareness about PTSD and the per- ferers and their families can be saved. tinuing importance of the 436 commercial sistent stigma associated with mental health For many, the war does not end when nuclear power reactors that operate in 31 issues; the warrior comes home. All too many countries and currently provide 14 percent of Whereas PTSD significantly increases the service members and veterans face the electricity in the world: Now, therefore, risk of depression, suicide, and drug- and al- be it PTSD symptoms like anxiety, anger, cohol-related disorders and deaths, espe- and depression as they try to adjust to Resolved, That the Senate— cially if left untreated; (1) commends the Nuclear Regulatory Whereas perceived or actual symptoms of life after war. We cannot sweep these Commission and the Department of Energy PTSD or other mental health issues create problems under the rug. PTSD is real. for hosting the Third International Con- unique challenges for veterans seeking em- We know PTSD is caused by a trau- ference on Nuclear Power Plant Life Man- ployment; matic event. We also know that we are agement in the United States; Whereas the Departments of Defense and sending our troops into combat situa- (2) applauds the efforts of conference Veterans Affairs have made significant ad- tions where they are going to experi- attendees to discuss and explore the in- vances in the prevention, diagnosis, and creased role of nuclear power plant life man- ence traumatic events. We know that treatment of PTSD and the symptoms of the percentage of PTSD diagnoses in- agement in support of license renewal and PTSD, but many challenges remain; and the safe, long-term operation of commercial Whereas the establishment of a National creases with each deployment into nuclear reactors throughout the world; Post-Traumatic Stress Disorder Awareness combat. We know, as a nation, that we (3) thanks the International Atomic En- Day will raise public awareness about issues must take responsibility to help our ergy Agency for organizing the Third Inter- related to PTSD, reduce the stigma associ- sons and daughters cope with what national Conference on Nuclear Power Plant ated with PTSD, and help ensure that those they have experienced. We owe them Life Management in the United States for suffering from the invisible wounds of war that much. the first time; and receive proper treatment: Now, therefore, be (4) encourages Member States of the Inter- When our troops came home from it Vietnam, we ignored their health con- national Atomic Energy Agency to take ad- Resolved, That the Senate— vantage of the latest available technology to (1) designates June 27, 2012, as ‘‘National cerns for far too long. When our troops further develop licensing programs, promote Post-Traumatic Stress Disorder Awareness came home from the first Gulf War we safety, and secure the long-term success of Day’’; tried to make sure the government was commercial nuclear power generation. (2) supports the efforts of the Secretary of doing all it could to resolve their f Veterans Affairs and the Secretary of De- health concerns. PTSD is this con- SENATE RESOLUTION 455—DESIG- fense to educate service members, veterans, flict’s Gulf War Illness. The Depart- the families of service members and vet- NATING JUNE 27, 2012, AS ‘‘NA- ment of Defense has created a Defense erans, and the public about the causes, Center of Excellence for Psychological TIONAL POST-TRAUMATIC symptoms, and treatment of post-traumatic STRESS DISORDER AWARENESS stress disorder (referred to in this resolution Health and Traumatic Brain Injury and DAY’’ as ‘‘PTSD’’); and teams with the National Institute for Mental Health and universities to ad- Mr. CONRAD (for himself, Mr. (3) respectfully requests that the Secretary of the Senate transmit a copy of this resolu- dress PTSD. The Department of Vet- BLUMENTHAL, Mr. CASEY, Mr. COONS, tion to the Secretary of Veterans Affairs and erans Affairs has likewise established Mr. HOEVEN, Mr. LEAHY, Mr. ROCKE- the Secretary of Defense. the National Center for the study of FELLER, Mr. SANDERS, Ms. SNOWE, Ms. Mr. CONRAD. Mr. President, today I PTSD. These departments have made STABENOW, Ms. MIKULSKI, Mr. TESTER, am submitting—for the third year in a significant advances in the prevention, Mr. KERRY, and Mr. JOHNSON of South row—resolution to designate June 27 as diagnosis, and treatment of PTSD and Dakota) submitted the following reso- National Post-Traumatic Stress Dis- its symptoms to help us live up to our lution; which was referred to the Com- order Awareness Day. That date was responsibility. mittee on the Judiciary: inspired by the birthday of North Da- But more can and must be done. We S. RES. 455 kota National Guard Staff Sergeant need to ensure that these efforts are Whereas the brave men and women of the Joe Biel. Staff Sergeant Biel served coordinated. In 1995, a President’s Ad- United States Armed Forces, who proudly two tours of duty in Iraq as a Trail- visory Commission was created to con- serve the United States, risk their lives to blazer, part of a unit responsible for duct an independent, open, and com- protect the freedom of the United States and route clearance operations. Each day, deserve the investment of every possible re- prehensive review of government ac- source to ensure their lasting physical, men- Joe’s mission was to go out with his tivities relating to Gulf War illness. tal, and emotional well-being; unit to find and remove Improvised Ex- Today, I am calling on President Whereas more than 2,000,000 service mem- plosive Devices and other dangers from Obama to establish a new Presidential bers have deployed overseas as part of over- heavily traveled roads to make it safe Advisory Commission to conduct a seas contingency operations since the events for coalition forces and Iraqi civilians similar review of the Government’s ef- of September 11, 2001; to travel. Joe lost his post-deployment forts to address PTSD in order to maxi- Whereas the military has sustained an struggle and, suffering from PTSD, mize the time and treasure we are operational tempo for a period of time un- tragically took his own life 6 months precedented in the history of the United spending on solving this problem. We States, with many service members deploy- after returning home. There is no owe it to those who have served. ing multiple times, placing them at high doubt that Joe Biel is a hero who gave I am proud that Staff Sergeant Leaf risk of PTSD; his life for our country. and his fellow Trailblazers continue Whereas according to the Armed Forces I learned of Joe’s story because the annual Joe Biel Memorial Bike Health Surveillance Center, approximately friends from his platoon, the 4th Pla- Ride, to be held on Memorial Day this 90,000 service members who have returned toon, A Company, of the North Dakota year. am proud that I was able to help from overseas contingency operations have National Guard’s 164th Combat Engi- boost their efforts to bring attention to been clinically diagnosed with PTSD; neer Battalion, have organized an an- this issue by creating a National PTSD Whereas the Department of Veterans Af- fairs reports that— nual motorcycle ride across the State Awareness Day. I am proud to intro- (1) since 2002, more than 217,000 of the more of North Dakota in his memory. The duce this Resolution once again. Ac- than 750,000 veterans of overseas contingency Joe Biel Memorial Ride serves as a re- tions like these garner attention and

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6537 help to eliminate the stigma sur- SENATE RESOLUTION 457—EX- giving Argentina the worst evaluation of any rounding mental health issues. They PRESSING THE SENSE OF CON- G20 nation: Now, therefore, be it Resolved, That the Senate— are about letting our troops and vet- GRESS THAT THE REPUBLIC OF ARGENTINA’S MEMBERSHIP IN (1) finds that the Republic of Argentina has erans know it is okay to come forward failed to meet the responsibilities inherent and say they need help—that it is a THE G20 SHOULD BE CONDI- to membership in the G20; TIONED ON ITS ADHERENCE TO sign of strength, not weakness, to seek (2) calls upon the President and the Sec- INTERNATIONAL NORMS OF ECO- assistance. And they help show that we retary of the Treasury to work with the gov- NOMIC RELATIONS AND COMMIT- ernments of the G20 to suspend the partici- can, and we must, do more. MENT TO THE RULE OF LAW pation of the Republic of Argentina in the Mr. LUGAR submitted the following G20 until the Government of Argentina has f resolution; which was referred to the fully demonstrated its intent to adhere to international norms of economic relations Committee on Foreign Relations: and to commit to the rule of law; and SENATE RESOLUTION 456—COM- S. RES. 457 (3) calls upon the President and the Sec- MEMORATING AND ACKNOWL- Whereas Argentina has enjoyed the privi- retary of the Treasury to work with the gov- EDGING THE DEDICATION AND lege of membership in the Group of Twenty ernments of the G20 members to condition SACRIFICE MADE BY THE FED- Finance Ministers and Central Bank Gov- any reinstatement of Argentina’s member- ERAL, STATE, AND LOCAL LAW ernors (G20); ship in the G20 on its demonstrated compli- ENFORCEMENT OFFICERS WHO Whereas, at the Summit of the Group of ance with its international commitments HAVE BEEN KILLED OR INJURED Twenty in 2008, G20 leaders declared that and obligations. IN THE LINE OF DUTY ‘‘our work will be guided by a shared belief that market principles, open trade and in- f vestment regimes, and effectively regulated Mr. LEAHY (for himself, Mr. GRASS- financial markets foster the dynamism, in- SENATE RESOLUTION 458—COM- LEY, Ms. LANDRIEU, Mr. HATCH, Mr. novation, entrepreneurship that are essen- MEMORATING MAY 15, 2012, AS COONS, Mr. WHITEHOUSE, Mr. DURBIN, tial for economic growth, employment and THE SESQUICENTENNIAL OF THE Mrs. BOXER, Mr. LEVIN, Mr. KOHL, Mr. poverty reduction’’; FOUNDING OF THE DEPARTMENT TESTER, Mr. KERRY, Mr. SCHUMER, Ms. Whereas, at the Pittsburgh Summit of 2009, G20 nations ‘‘designated the G20 to be the OF AGRICULTURE MIKULSKI, Mrs. MURRAY, Mr. BAUCUS, premier forum for our international eco- Mr. JOHANNS (for himself, Ms. STA- Mrs. FEINSTEIN, Ms. KLOBUCHAR, and nomic cooperation’’; BENOW, and Mr. ROBERTS) submitted Mr. SESSIONS) submitted the following Whereas, at the Cannes Summit of 2011, the following resolution; which was resolution; which was considered and G20 leaders reaffirmed their ‘‘commitment considered and agreed to: agreed to: to work together’’ and stressed among other principles the need to conduct International S. RES. 458 S. RES. 456 Monetary Fund surveillance of national Whereas, on May 15, 1862, President Abra- Whereas the well-being of all citizens of economies, avoid protectionism and the need ham Lincoln signed into law an Act that es- the United States is preserved and enhanced to reinforce the multilateral trading system, tablished a Department of Agriculture (12 as a direct result of the vigilance and dedica- strengthen anti-money laundering measures, Stat. 387, chapter 72); tion of law enforcement personnel; and combat financing of terrorism; Whereas President Lincoln gave the De- Whereas more than 900,000 men and Whereas the Republic of Argentina has partment of Agriculture general authority to women, at great risk to their personal safe- consistently violated the spirit and letter of acquire and spread useful information on ag- ty, presently serve their fellow citizens as these and other G20 declarations through its ricultural subjects and to assist in the devel- guardians of the peace; policy of expropriating the property of for- opment and use of new and valuable seeds eign investors, evading the judgments of and plants; Whereas peace officers are on the front United States courts, ignoring decisions of Whereas, in 1862, President Lincoln also lines in protecting the schools and school- international arbitral forums, refusing to signed into law the Act entitled ‘‘An Act to children of the United States; comply with International Monetary Fund secure homesteads to actual settlers on the Whereas in 2011, 163 peace officers across membership requirements, and failing to im- public domain’’ (commonly known as the the United States were killed in the line of plement anti-money laundering and terrorist ‘‘Homestead Act of 1862’’; 12 Stat. 392, chap- duty; financing measures; ter 75) and the Act of July 2, 1862 (commonly Whereas Congress should strongly support Whereas the President Cristina Fernandez known as the ‘‘First Morrill Act’’; 12 Stat. initiatives to reduce violent crime and to in- de Kirchner has flouted international norms 503, chapter 130), which, along with the cre- crease the factors that contribute to the and agreements by proposing legislation to ation of the Department of Agriculture, lay safety of law enforcement officers; nationalize Argentina’s largest oil and gas the foundation for Federal agricultural pol- Whereas there are more than 19,000 Fed- producer, YPF SA, effectively expropriating icy; eral, State, and local law enforcement offi- the assets of foreign investors; Whereas, in the 1850s, there was 1 farmer cers who lost their lives in the line of duty Whereas President Fernandez won congres- for every 2 people in the United States, while while protecting their fellow citizens, and sional backing to seize YPF SA (YPFD) from today the average farmer in the United whose names are engraved upon the National ’s Repsol YPF SA (YPF), with the Ar- States feeds more than 150 people; Law Enforcement Officers Memorial in gentina Senate approving the legislation on Whereas the United States is now the sec- Washington, District of Columbia; April 26, 2012, and the lower house of the Ar- ond largest producer and the largest exporter Whereas in 1962, President John F. Ken- gentina Congress voting 207 to 32 on May 3, of agricultural products in the world; nedy designated May 15 as National Peace 2012, to back her bill empowering the Gov- Whereas the role of the Department of Ag- Officers Memorial Day; and ernment of Argentina to take 51 percent of riculture has expanded to include functions Whereas on May 15, 2012, more than 20,000 YPF; impacting nearly every aspect of the rural peace officers are expected to gather in Whereas Argentina has persistently ig- United States and beyond; Washington, District of Columbia, to join nored claims brought by United States and Whereas the Department of Agriculture with the families of their recently fallen other countries before the International Cen- helps to ensure the safety of the food supply comrades to honor those comrades and all ter for Settlement of Investment Disputes of the United States, provides conservation others who went before them: Now, there- (ICSID), administered by the World Bank, assistance, collects market data, provides fore, be it despite receiving billions of dollars in loans nutrition assistance, protects the health of Resolved, That the Senate— from the World Bank; plants and animals, supports rural commu- (1) commemorates and acknowledges the Whereas Argentina remains one of only nities, conducts agricultural research, main- dedication and sacrifices made by the Fed- four countries, and the only G20 member, tains risk management tools for producers, eral, State, and local law enforcement offi- that refuse to submit to an International and promotes agricultural exports; and cers who have been killed or injured in the Monetary Fund review in violation of Article Whereas the professionalism, dedication, line of duty; IV of the IMF Charter; and and work ethic of the public servants at the (2) recognizes May 15, 2012, as ‘‘National Whereas the Financial Action Task Force Department of Agriculture provide a shining Peace Officers Memorial Day’’; and has warned of Argentina’s failure to comply example of why President Lincoln called the (3) calls on the people of the United States with fully 47 out of 49 recommendations to Department of Agriculture the ‘‘People’s De- to observe that day with appropriate cere- address the vulnerability of institutions to partment’’: Now, therefore, be it mony, solemnity, appreciation, and respect. terrorist financing and money laundering, Resolved, That the Senate—

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6538 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 (1) congratulates the men and women of (1) the Bank may provide financing (in- (1) the Export-Import Bank of the United the Department of Agriculture on the occa- cluding guarantees, insurance, or extensions States may not enter into any new agree- sion of the 150th anniversary of the Depart- of credit, or participation in the extension of ment for the provision of a loan, a loan guar- ment; credit) with respect to those projects; and antee, or insurance, the extension of credit, (2) celebrates the growth and success of ag- (2) the Bank shall not provide financing or any other form of financing; riculture in the United States; and with respect to any project that involves the (2) the Bank shall continue to operate only (3) honors the farmers and ranchers of the production, refining, or transportation of to the extent necessary to fulfill the obliga- United States, whose ingenuity, adapt- fossil fuels in a foreign country until the tions of the Bank pursuant to agreements ability, and skill have created the safest and Bank certifies to Congress that— described in paragraph (1) entered into be- most abundant food supply in the history of (A) all projects identified under subsection fore June 1, 2013; and mankind. (a) have been reviewed; and (3) the President of the Bank shall take f (B) with respect to each such project, the such measures as are necessary to wind up Bank— the affairs of the Bank, including by reduc- AMENDMENTS SUBMITTED AND (i) has provided financing; ing the operations of the Bank and the num- PROPOSED (ii) has determined that the persons con- ber of employees of the Bank as the number SA 2099. Mr. VITTER submitted an amend- ducting the project have no interest in re- of remaining agreements described in para- ment intended to be proposed by him to the ceiving financing from the Bank; or graph (1) decreases. (c) REPEAL OF EXPORT-IMPORT BANK ACT OF bill H.R. 2072, to reauthorize the Export-Im- (iii) has determined that providing financ- 1945.—Notwithstanding any other provision port Bank of the United States, and for other ing with respect to the project would present of this Act or any other provision of law, ef- purposes; which was ordered to lie on the a risk of loss that is unacceptable under the fective on the date on which the Export-Im- table. standards of the Bank. port Bank of the United States has fulfilled SA 2100. Mr. LEE (for himself and Mr. (c) ATTORNEY AND CONSULTING FEES.—Not- all outstanding obligations of the Bank pur- DEMINT) submitted an amendment intended withstanding any other provision of law, the to be proposed by him to the bill H.R. 2072, Export-Import Bank of the United States suant to agreements described in subsection supra; which was ordered to lie on the table. may, in providing financing with respect to a (b)(1) entered into before June 1, 2013, the Ex- SA 2101. Mr. PAUL submitted an amend- project identified under subsection (a), in- port-Import Bank Act of 1945 (12 U.S.C. 635 et ment intended to be proposed by him to the crease the amount of the financing to take seq.) is repealed. bill H.R. 2072, supra; which was ordered to lie into account the costs of any attorney or SEC. ll. NEGOTIATIONS TO END EXPORT CRED- on the table. consulting fees incurred in— IT FINANCING. SA 2102. Mr. CORKER submitted an amend- (1) meeting the requirements necessary to (a) IN GENERAL.—The President shall ini- ment intended to be proposed by him to the obtain a permit from any Federal agency tiate and pursue negotiations with other bill H.R. 2072, supra; which was ordered to lie with respect to the project; or major exporting countries, including mem- on the table. (2) responding to any civil action relating bers of the Organisation for Economic Co-op- SA 2103. Mr. VITTER submitted an amend- to the environmental impact of the project eration and Development and countries that ment intended to be proposed by him to the filed in any Federal or State court by a non- are not members of that Organisation, to end bill H.R. 2072, supra; which was ordered to lie governmental organization. subsidized export financing programs and on the table. (d) DEFINITION OF FOSSIL FUEL.—In this other forms of export subsidies. SA 2104. Mr. TOOMEY (for himself, Mr. section, the term ‘‘fossil fuel’’ means natural (b) REPORT REQUIRED.—Not later than 180 DEMINT, and Mr. LEE) submitted an amend- gas, petroleum, coal, or any form of solid, days after the date of the enactment of this ment intended to be proposed by him to the liquid, or gaseous fuel derived from natural Act, and annually thereafter, the President bill H.R. 2072, supra; which was ordered to lie gas, petroleum, or coal. shall submit to the Committee on Banking, on the table. SEC. 8B. PROHIBITION ON, AND REPEAL OF MIN- Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the f IMUM INVESTMENT GOALS FOR, FI- NANCING OF RENEWABLE ENERGY House of Representatives a report on the TEXT OF AMENDMENTS PROJECTS. progress of the negotiations described in sub- (a) PROHIBITION ON FINANCING OF CERTAIN section (a) until the President certifies in Mr. VITTER submitted an SA 2099. RENEWABLE ENERGY PROJECTS.—Notwith- writing to those committees that all coun- amendment intended to be proposed by standing any other provision of law, the Ex- tries that support subsidized export financ- him to the bill H.R. 2072, to reauthorize port-Import Bank of the United States may ing programs have agreed to end the support. the Export-Import Bank of the United not provide any guarantee, insurance, or ex- States, and for other purposes; which tension of credit (or participate in the exten- SA 2101. Mr. PAUL submitted an was ordered to lie on the table; as fol- sion of credit) with respect to any project amendment intended to be proposed by lows: that involves the manufacture of renewable him to the bill H.R. 2072, to reauthorize energy products in a foreign country. Strike section 8 and insert the following: the Export-Import Bank of the United (b) REPEAL OF MINIMUM INVESTMENT GOAL SEC. 8. NONSUBORDINATION REQUIREMENT. States, and for other purposes; which FOR FINANCING OF RENEWABLE ENERGY Section 2 of the Export-Import Bank Act of was ordered to lie on the table; as fol- PROJECTS.—Section 534(d) of the Foreign Op- 1945 (12 U.S.C. 635), as amended by section 7 erations, Export Financing, and Related Pro- lows: of this Act, is further amended by adding at grams Appropriations Act, 1990 (12 U.S.C. At the appropriate place, insert the fol- the end the following: 635g note) is repealed. lowing: ‘‘(j) NONSUBORDINATION REQUIREMENT.— SEC. ll. PROHIBITION ON FINANCING BY THE Notwithstanding any other provision of law, SA 2100. Mr. LEE (for himself and EXPORT-IMPORT BANK OF THE the Bank may not make or guarantee a loan UNITED STATES FOR PERSONS OR that is subordinate to any other loan.’’. Mr. DEMINT) submitted an amendment PROJECTS IN COUNTRIES THAT SEC. 8A. FINANCING OF DOMESTIC FOSSIL FUEL intended to be proposed by him to the HOLD DEBT INSTRUMENTS OF THE PROJECTS; RESTRICTION ON FI- bill H.R. 2072, to reauthorize the Ex- UNITED STATES. NANCING OF FOSSIL FUEL port-Import Bank of the United States, (a) IN GENERAL.—Notwithstanding any pro- PROJECTS OUTSIDE THE UNITED and for other purposes; which was or- vision of the Export-Import Bank Act of 1945 STATES. (12 U.S.C. 635 et seq.), the Export-Import dered to lie on the table; as follows: (a) IDENTIFICATION OF DOMESTIC FOSSIL Bank of the United States may not provide FUEL PROJECTS.—Not later than 90 days after At the appropriate place, insert the fol- any guarantee, insurance, or extension of the date of the enactment of this Act, the lowing: credit (or participate in the extension of Export-Import Bank of the United States SEC. ll. TERMINATION OF EXPORT-IMPORT credit) to a person or with respect to a shall identify projects involving the produc- BANK OF THE UNITED STATES. project in a country the government or cen- tion, refining, or transportation of fossil (a) ONE-YEAR EXTENSION OF AUTHORITY.— tral bank of which holds debt instruments of fuels in the United States that could benefit Notwithstanding any other provision of this the United States. from the provision of financing by the Bank. Act or any other provision of law, the au- (b) DEBT INSTRUMENTS OF THE UNITED (b) FINANCING OF FOSSIL FUEL PROJECTS.— thority of the Export-Import Bank of the STATES DEFINED.—In this section, the term Notwithstanding any other provision of law, United States under section 7 of the Export- ‘‘debt instruments of the United States’’ if the Export-Import Bank of the United Import Bank Act of 1945 (12 U.S.C. 635f) ter- means bills, notes, and bonds issued or guar- States identifies projects involving the pro- minates on May 31, 2013. anteed by the United States or by an entity duction, refining, or transportation of fossil (b) TERMINATION OF AUTHORITY.—Notwith- of the United States Government. fuels in the United States that could benefit standing any other provision of this Act or from the provision of financing by the Bank any other provision of law, on and after June SA 2102. Mr. CORKER submitted an under subsection (a)— 1, 2013— amendment intended to be proposed by

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6539 him to the bill H.R. 2072, to reauthorize SA 2103. Mr. VITTER submitted an an amendment intended to be proposed the Export-Import Bank of the United amendment intended to be proposed by by him to the bill H.R. 2072, to reau- States, and for other purposes; which him to the bill H.R. 2072, to reauthorize thorize the Export-Import Bank of the was ordered to lie on the table; as fol- the Export-Import Bank of the United United States, and for other purposes; lows: States, and for other purposes; which which was ordered to lie on the table; Strike section 25 and insert the following: was ordered to lie on the table; as fol- as follows: SEC. 25. LIMITATION ON FINANCING BY THE EX- lows: Strike section 3 and insert the following: PORT-IMPORT BANK OF THE UNITED Strike section 8 and insert the following: SEC. 3. LIMITATIONS ON OUTSTANDING LOANS, STATES TO TRANSACTIONS SUB- SEC. 8. NONSUBORDINATION REQUIREMENT. GUARANTEES, AND INSURANCE. SIDIZED BY OTHER COUNTRIES OR Section 6(a)(2) of the Export-Import Bank FOR WHICH PRIVATE SECTOR FI- Section 2 of the Export-Import Bank Act of NANCING IS UNAVAILABLE OR PRO- 1945 (12 U.S.C. 635), as amended by section 7 Act of 1945 (12 U.S.C. 635e(a)(2)) is amended— HIBITIVELY EXPENSIVE. of this Act, is further amended by adding at (1) in subparagraph (D), by striking ‘‘and’’; (a) IN GENERAL.—Notwithstanding any pro- the end the following: (2) in subparagraph (E), by striking the vision of the Export-Import Bank Act of 1945 ‘‘(j) NONSUBORDINATION REQUIREMENT.— comma at the end and inserting ‘‘; and’’; and (12 U.S.C. 635 et seq.) or any other provision Notwithstanding any other provision of law, (3) by adding at the end the following: of law, the Export-Import Bank of the the Bank shall not make or guarantee a loan ‘‘(F) during fiscal year 2012 and each suc- United States may not provide any financing that is subordinate to any other loan.’’. ceeding fiscal year, $100,000,000,000, except (including any guarantee, insurance, or ex- SEC. 8A. PROHIBITION ON FINANCING OF FOSSIL that— tension of credit, or participation in any ex- FUEL PROJECTS IN FOREIGN COUN- ‘‘(i) the applicable amount for each of fis- tension of credit) for the exportation of any TRIES THAT ARE SUBSTANTIALLY cal years 2013 and 2014 shall be $120,000,000,000 article unless the Bank certifies to Congress SIMILAR TO CERTAIN FOSSIL FUEL if— PROJECTS IN THE UNITED STATES. in writing that— ‘‘(I) the Bank has submitted a report as re- (a) IDENTIFICATION OF CERTAIN DOMESTIC (1) an export credit agency of a foreign quired by section 4(a) of the Export-Import FOSSIL FUEL PROJECTS.—Not later than 90 country is providing financing for the expor- days after the date of the enactment of this Bank Reauthorization Act of 2012; tation of a substantially similar article from Act, the Export-Import Bank of the United ‘‘(II) the rate calculated under section that country; or States shall identify projects involving the 8(g)(1) of this Act is less than 2 percent for (2) private sector financing for the expor- production, refining, or transportation of the quarter ending with the beginning of the tation of the article is not available or is fossil fuels in the United States that could fiscal year, or for any quarter in the fiscal prohibitively expensive. benefit from the provision of a loan, loan year; and (b) ADDITIONAL INFORMATION REQUIRED.—If guarantee, or other form of financing by a ‘‘(III) the Secretary of the Treasury has the Export-Import Bank of the United States Federal agency. certified in writing to the Committee on certifies under subsection (a)(2) that private (b) PROHIBITION ON FINANCING OF CERTAIN Banking, Housing, and Urban Affairs of the sector financing for the exportation of an ar- FOSSIL FUEL PROJECTS.— Senate and the Committee on Financial ticle is not available or is prohibitively ex- (1) IN GENERAL.—Notwithstanding any Services of the House of Representatives pensive, the Bank shall also include in the other provision of law, on and after the date that the Secretary has initiated the negotia- certification the following: that is 90 days after the date of the enact- tions required by section 11(a) of the Export- (1) An explanation of why private sector fi- ment of this Act, the Bank shall not provide Import Bank Reauthorization Act of 2012; nancing is not available or is prohibitively any guarantee, insurance, or extension of and expensive. credit (or participate in the extension of ‘‘(ii) notwithstanding clause (i), the appli- (2) An explanation of how financing by the credit) with respect to any project in a for- cable amount for fiscal year 2014 shall be Bank for the exportation of the article does eign country that the Bank determines is $140,000,000,000 if— not put the United States at a substantial substantially similar to a project identified ‘‘(I) the rate calculated under section risk of loss. under subsection (a). 8(g)(1) of this Act is less than 2 percent for (3) If private sector financing is available (2) CERTIFICATION REQUIRED.—If, on and the quarter ending with the beginning of the but prohibitively expensive, an assessment of after the date that is 90 days after the date fiscal year, or for any quarter in the fiscal the difference between the cost of private of the enactment of this Act, the Export-Im- year; sector financing and the cost of financing port Bank of the United States provides fi- ‘‘(II) the Bank has submitted a report as provided by the Bank. nancing with respect to a project involving required by subsection (b) of section 5 of the (c) REPORT ON REGULATORY BARRIERS.—For the production, refining, or transportation of Export-Import Bank Reauthorization Act of any transaction relating to the exportation fossil fuels in a foreign country, the Bank 2012, except that the preceding provisions of of an article financed by the Export-Import shall certify to Congress that to the knowl- this subclause shall not apply if the Comp- Bank of the United States after certifying edge of the Bank there are no projects in the troller General has not submitted the report under subsection (a)(2) that private sector fi- United States that are substantially similar required by subsection (a) of such section 5 nancing is unavailable, the Secretary of the to the project in the foreign country that on or before July 1, 2013; and Treasury shall submit to Congress a report could benefit from the provision of a loan, ‘‘(III) the Secretary of the Treasury has that— loan guarantee, or other form of financing by submitted to the Committee on Banking, (1) assesses the extent to which private a Federal agency. Housing, and Urban Affairs of the Senate and sector financing is unavailable as a result of (c) DEFINITION OF FOSSIL FUEL.—In this the Committee on Financial Services of the excessive regulation of domestic financial in- section, the term ‘‘fossil fuel’’ means natural House of Representatives the text of a multi- stitutions by the Federal Government or the gas, petroleum, coal, or any form of solid, lateral agreement to eliminate subsidized ex- obligations of the United States under inter- liquid, or gaseous fuel derived from natural port financing programs (including aircraft national agreements relating to risk man- gas, petroleum, or coal. export credit financing) agreed to by— agement by financial institutions; and SEC. 8B. PROHIBITION ON, AND REPEAL OF MIN- ‘‘(aa) each country that is a member of the (2) makes recommendations for elimi- IMUM INVESTMENT GOALS FOR, FI- Organisation for Economic Co-operation and nating the barriers to private sector financ- NANCING OF RENEWABLE ENERGY Development; and ing identified under paragraph (1). PROJECTS. ‘‘(bb) each country that is not a member of SEC. 26. CAPITAL RATIO REQUIREMENT FOR THE (a) PROHIBITION ON FINANCING OF CERTAIN that Organisation that, during fiscal year EXPORT-IMPORT BANK OF THE RENEWABLE ENERGY PROJECTS.—Notwith- 2012 or any fiscal year thereafter, provided UNITED STATES. standing any other provision of law, the Ex- export financing in excess of $50,000,000,000.’’. (a) IN GENERAL.—Notwithstanding any port-Import Bank of the United States shall other provision of law, the Export-Import not provide any guarantee, insurance, or ex- f Bank of the United States shall maintain a tension of credit (or participate in the exten- AUTHORITY FOR COMMITTEES TO capital ratio of not less than 10 percent. sion of credit) with respect to any project MEET (b) CAPITAL RATIO DEFINED.—In this sec- that involves the manufacture of renewable tion, the term ‘‘capital ratio’’ means the energy products in a foreign country. COMMITTEE ON COMMERCE, SCIENCE, AND ratio of the capital of the Export-Import (b) REPEAL OF MINIMUM INVESTMENT GOAL TRANSPORTATION Bank of the United States to the total out- FOR FINANCING OF RENEWABLE ENERGY Mr. BROWN of Ohio. Mr. President, I standing principal balance of all loans made PROJECTS.—Section 534(d) of the Foreign Op- ask unanimous consent that the Com- or guaranteed by the Bank. erations, Export Financing, and Related Pro- mittee on Commerce, Science, and SEC. 27. EFFECTIVE DATE. grams Appropriations Act, 1990 (12 U.S.C. Except as provided in section 9(b), this Act 635g note) is repealed. Transportation be authorized to meet and the amendments made by this Act shall during the session of the Senate on take effect on the earlier of June 1, 2012, or SA 2104. Mr. TOOMEY (for himself, May 10, 2012, at 10 a.m. in room 253 of the date of the enactment of this Act. Mr. DEMINT, and Mr. LEE) submitted the Russell Senate Office Building.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6540 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON FOREIGN RELATIONS COMMITTEE ON THE JUDICIARY RESOURCES Mr. BROWN of Ohio. Mr. President, I Mr. BROWN of Ohio. Mr. President, I Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the Com- ask unanimous consent that the Com- ask unanimous consent that the Com- mittee on Foreign Relations be author- mittee on the Judiciary be authorized mittee on Energy and Natural Re- ized to meet during the session of the to meet during the session of the Sen- sources be authorized to meet during Senate on May 10, 2012, at 10 a.m., to ate, on May 10, 2012, at 10 a.m. in room the session of the Senate on May 10, hold a hearing entitled, ‘‘NATO: Chi- SD–226 of the Dirksen Senate Office 2012, at 9:30 a.m., in room 366 of the cago and Beyond.’’ Building, to conduct an executive busi- Dirksen Senate Office Building. The PRESIDING OFFICER. Without ness meeting. The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. COMMITTEE ON FINANCE AND PENSIONS SUBCOMMITTEE ON READINESS AND Mr. BROWN of Ohio. Mr. President, I Mr. BROWN of Ohio. Mr. President, I MANAGEMENT SUPPORT ask unanimous consent that the Com- ask unanimous consent that the Com- Mr. BROWN of Ohio. Mr. President, I mittee on Finance be authorized to mittee on Health, Education, Labor, ask unanimous consent that the Sub- meet during the session of the Senate and Pensions be authorized to meet, committee on Readiness and Manage- on May 10, 2012, at 10 a.m. in room SD– during the session of the Senate, to ment Support of the Committee on 215 of the Dirksen Senate Office Build- conduct a hearing entitled ‘‘Beyond Armed Services be authorized to meet ing, to conduct a roundtable entitled Mother’s Day: Helping the Middle Class during the session of the Senate on ‘‘Medicare Physician Payments: Under- Balance Work and Family’’ on May 10, May 10, 2012, at 10 a.m. standing the Past so We can Envision 2012, at 10 a.m., in room SD–430 of the The PRESIDING OFFICER. Without the Future.’’ hDirksen Senate Office Building. objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel: CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Mike Johanns: Ghana ...... Cedi ...... 504.11 ...... 504.11 South Africa ...... Rand ...... 642.03 ...... 642.03 Tanzania ...... Shilling ...... 193.53 ...... 193.53 Germany ...... Euro ...... 265.29 ...... 265.29 Total ...... 1,604.96 ...... 1,604.96 SENATOR DEBBIE STABENOW, Chairman, Committee on Agriculture, Nutrition and Forestry, Mar. 20, 1012.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 1 TO MARCH 31, 2012

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Kay Bailey Hutchison: New Zealand ...... Dollar ...... 266.00 ...... 448.70 ...... 714.70 Australia ...... Dollar ...... 1,664.00 ...... 1,664.00 Senator Lamar Alexander: New Zealand ...... Dollar ...... 266.00 ...... 266.00 Australia ...... Dollar ...... 1,632.00 ...... 1,632.00 Matthew Sonnesyn: New Zealand ...... Dollar ...... 266.00 ...... 266.00 Australia ...... Dollar ...... 1,632.00 ...... 1,632.00 Paul Grove: Ghana ...... Cedi ...... 178.00 ...... 178.00 South Africa ...... Rand ...... 170.00 ...... 170.00 Tanzania ...... Shilling ...... 54.00 ...... 54.00 Germany ...... Euro ...... 28.17 ...... 28.17 Senator Daniel K. Inouye: Tunisia ...... Dinar ...... 509.38 ...... 509.38 Israel ...... Shekel ...... 1,398.00 ...... 1,398.00 Jordan ...... Dinar ...... 716.16 ...... 716.16 Italy ...... Euro ...... 1,412.68 ...... 1,412.68 Betsy Schmid: Tunisia ...... Dinar ...... 497.55 ...... 497.55 Israel ...... Shekel ...... 1,398.00 ...... 1,398.00 Jordan ...... Dinar ...... 716.16 ...... 716.16 Italy ...... Euro ...... 427.98 ...... 427.98 Kate Kaufer: Tunisia ...... Dinar ...... 498.00 ...... 498.00 Israel ...... Shekel ...... 823.50 ...... 823.50 Jordan ...... Dinar ...... 716.16 ...... 716.16 Italy ...... Euro ...... 708.50 ...... 708.50 Kay Webber: Tunisia ...... Dinar ...... 497.55 ...... 497.55

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6541 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 1 TO MARCH 31, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Israel ...... Shekel ...... 1,298.00 ...... 1,298.00 Jordan ...... Dinar ...... 716.16 ...... 716.16 Italy ...... Euro ...... 1,283.94 ...... 1,283.94 Stewart Holmes: Tunisia ...... Dinar ...... 497.55 ...... 497.55 Israel ...... Shekel ...... 1,169.00 ...... 1,169.00 Jordan ...... Dinar ...... 716.16 ...... 716.16 Italy ...... Euro ...... 1,054.94 ...... 1,054.94 Senator Thad Cochran: Tunisia ...... Dinar ...... 497.55 ...... 497.55 Israel ...... Shekel ...... 1,398.00 ...... 1,398.00 Jordan ...... Dinar ...... 716.16 ...... 716.16 Italy ...... Euro ...... 1,283.94 ...... 1,283.94 Senator Barbara Mikulski: Tunisia ...... Dinar ...... 471.00 ...... 471.00 Israel ...... Shekel ...... 438.00 ...... 438.00 Jordan ...... Dinar ...... 381.00 ...... 381.00 Italy ...... Euro ...... 386.72 ...... 386.72 Teri Spoutz: Japan ...... Yen ...... 476.00 ...... 476.00 Korea ...... Won ...... 240.00 ...... 240.00 M. Colleen Gaydos: Japan ...... Yen ...... 520.00 ...... 520.00 Korea ...... Won ...... 240.00 ...... 240.00 United States ...... Dollar ...... 16,174.90 ...... 16,174.90 Alycia Farrell: United States ...... Dollar ...... 17,324.90 ...... 17,324.90 Japan ...... Yen ...... 520.00 ...... 520.00 Korea ...... Won ...... 214.00 ...... 214.00 Alexander Keenan: Brazil ...... Real ...... 2,723.82 ...... 2,723.82 United States ...... Dollar ...... 4,528.60 ...... 4,528.60 Heideh Shadmoradi-Holley Brazil ...... Real ...... 2,733.82 ...... 2,733.82 United States ...... Dollar ...... 4,528.60 ...... 4,528.60 Carl Barrick: Brazil ...... Real ...... 2,948.82 ...... 2,948.82 United States ...... Dollar ...... 4,528.60 ...... 4,528.60 Dennis Balkham: Poland ...... Zloty ...... 970.48 ...... 970.48 United States ...... Dollar ...... 8,509.33 ...... 8,509.33 Igor Khrestin: Poland ...... Zloty ...... 975.46 ...... 975.46 United States ...... Dollar ...... 8,106.43 ...... 8,106.43 Senator Mark Kirk: Poland ...... Zloty ...... 1,045.48 ...... 1,045.48 United States ...... Dollar ...... 8,283.33 ...... 8,283.33 Rebecca Davies: Guatemala ...... Quetzales ...... 314.54 ...... 314.54 Panama ...... Dollar ...... 506.00 ...... 506.00 Colombia ...... Peso ...... 860.00 ...... 860.00 United States ...... Dollar ...... 1,373.90 ...... 1,373.90 Carol Cribbs: Guatemala ...... Quetzales ...... 314.54 ...... 314.54 Panama ...... Dollar ...... 506.00 ...... 506.00 Colombia ...... Peso ...... 1,721.00 ...... 1,721.00 United States ...... Dollar ...... 1,373.90 ...... 1,373.90 Howard Walgen: Panama ...... Dollar ...... 506.00 ...... 506.00 Colombia ...... Peso ...... 1,356.50 ...... 1,356.50 United States ...... Dollar ...... 1,846.90 ...... 1,846.90 Charles Kieffer: Panama ...... Dollar ...... 506.00 ...... 506.00 United States ...... Dollar ...... 1,122.40 ...... 1,122.40 Senator John Hoeven: Afghanistan ...... Afghani ...... 38.00 ...... 38.00 Egypt ...... Pound ...... 84.00 ...... 84.00 Israel ...... Shekel ...... 46.00 ...... 46.00 Tunisia ...... Dinar ...... 51.00 ...... 51.00 Tim Rieser: Colombia ...... Peso ...... 365.00 ...... 365.00 Cuba ...... Dollar ...... 344.00 ...... 344.00 Delegation Expenses:1 Italy ...... Euro ...... 8,541.27 ...... 8,541.27 Jordan ...... Dinar ...... 2,395.16 ...... 2,395.16 Tunisia ...... Dinar ...... 6,652.54 ...... 6,652.54 Israel ...... Shekel ...... 28,588.79 ...... 28,588.79 Total ...... 49,910.21 ...... 78,150.49 ...... 46,177.76 ...... 174,238.46 1 Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 2977. SENATOR DANIEL INOUYE, Chairman, Committee on Appropriations, Apr. 22, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator James M. Inhofe: Afghanistan ...... Dollar ...... 14.00 ...... 14.00 United States ...... Dollar ...... 14,068.00 ...... 14,068.00 Anthony Lazarski: Afghanistan ...... Dollar ...... 14.00 ...... 14.00

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6542 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United States ...... Dollar ...... 14,068.00 ...... 14,068.00 Senator Joseph I. Lieberman: United States ...... Dollar ...... 8,844.95 ...... 8,844.95 Israel ...... Dollar ...... 1,338.47 ...... 1,338.47 Tunisia ...... Dollar ...... 157.00 ...... 333.00 ...... 490.00 Libya ...... Dollar ...... 333.00 ...... 333.00 Senator Lindsey Graham: Ghana ...... Dollar ...... 112.33 ...... 112.33 South Africa ...... Dollar ...... 161.77 ...... 161.77 Tanzania ...... Dollar ...... 46.75 ...... 46.75 Germany ...... Dollar ...... 64.60 ...... 64.60 Richard Perry: Ghana ...... Dollar ...... 112.33 ...... 112.33 South Africa ...... Dollar ...... 161.71 ...... 161.71 Tanzania ...... Dollar ...... 46.75 ...... 46.75 Germany ...... Dollar ...... 64.38 ...... 64.38 Andrew King: Ghana ...... Dollar ...... 112.33 ...... 112.33 South Africa ...... Dollar ...... 161.71 ...... 161.71 Tanzania ...... Dollar ...... 46.75 ...... 46.75 Germany ...... Dollar ...... 64.38 ...... 64.38 Senator Mark Begich: United States ...... Dollar ...... 11,932.70 ...... 11,932.70 Afghanistan ...... Dollar ...... 29.81 ...... 29.81 Lindsay Kavanaugh: United States ...... Dollar ...... 11,932.70 ...... 11,932.70 Afghanistan ...... Dollar ...... 24.01 ...... 24.01 Senator John McCain: United States ...... Dollar ...... 14,645.90 ...... 14,645.90 Philippines ...... Dollar ...... 40.78 ...... 40.78 Vietnam ...... Dollar ...... 71.04 ...... 71.04 Thailand ...... Dollar ...... 383.47 ...... 383.47 Burma ...... Dollar ...... 68.71 ...... 68.71 Robie I. Samanta Roy: United States ...... Dollar ...... 8,795.00 ...... 8,795.00 Bahrain ...... Dinar ...... 1,069.50 ...... 1,069.50 Jason W. Maroney: United States ...... Dollar ...... 9,854.20 ...... 9,854.20 Kuwait ...... Dollar ...... 425.95 ...... 425.95 Bahrain ...... Dollar ...... 792.84 ...... 792.84 Senator Kay Hagan: Ghana ...... Dollar ...... 112.33 ...... 112.33 South Africa ...... Dollar ...... 107.93 ...... 107.93 Tanzania ...... Dollar ...... 46.75 ...... 46.75 Germany ...... Dollar ...... 84.65 ...... 84.65 Senator John McCain: Germany ...... Dollar ...... 189.77 ...... 189.77 Senator Susan M. Collins: Germany ...... Euro ...... 370.00 ...... 370.00 Senator Lindsey Graham: Germany ...... Dollar ...... 142.69 ...... 142.69 Michael J. Sistak: United States ...... Dollar ...... 8,795.20 ...... 8,795.20 Bahrain ...... Dollar ...... 1,012.48 ...... 1,012.48 Senator Jeff Sessions: New Zealand ...... Dollar ...... 317.62 ...... 4.04 ...... 20.76 ...... 342.42 Australia ...... Dollar ...... 5,446.33 ...... 6.02 ...... 53.82 ...... 5,506.17 Denwood A. Lanham: New Zealand ...... Dollar ...... 451.01 ...... 25.00 ...... 476.01 Australia ...... Dollar ...... 4,375.13 ...... 11.00 ...... 4,386.13 Senator Mark Udall: Germany ...... Euro ...... 370.00 ...... 370.00 Senator Lindsey Graham: United States ...... Dollar ...... 5.72 ...... 5.72 Afghanistan ...... Dollar ...... 20.42 ...... 20.42 Israel ...... Dollar ...... 118.43 ...... 118.43 Egypt ...... Dollar ...... 142.96 ...... 142.96 Tunisia ...... Dollar ...... 13.47 ...... 13.47 Senator John McCain: Afghanistan ...... Dollar ...... 20.42 ...... 20.42 Egypt ...... Dollar ...... 108.57 ...... 108.57 Israel ...... Dollar ...... 73.10 ...... 73.10 Tunisia ...... Dollar ...... 19.91 ...... 19.91 Senator Joseph I. Lieberman: Germany ...... Dollar ...... 259.66 ...... 814.00 ...... 1,073.66 Senator Jeff Sessions: Afghanistan ...... Dollar ...... 20.42 ...... 20.42 Egypt ...... Dollar ...... 422.79 ...... 422.79 Israel ...... Dollar ...... 393.10 ...... 393.10 Tunisia ...... Dollar ...... 111.64 ...... 111.64 Vance Serchuk: United States ...... Dollar ...... 14,645.90 ...... 14,645.90 Philippines ...... Dollar ...... 270.00 ...... 270.00 Vietnam ...... Dollar ...... 148.00 ...... 148.00 Thailand ...... Dollar ...... 244.00 ...... 142.86 ...... 386.86 Burma ...... Dollar ...... 138.00 ...... 138.00 Margaret Goodlander: United States ...... Dollar ...... 128.00 ...... 14,645.90 ...... 14,773.90 Philippines ...... Dollar ...... 92.50 ...... 92.50 Vietnam ...... Dollar ...... 138.00 ...... 138.00 Thailand ...... Dollar ...... 326.58 ...... 142.86 ...... 469.44 Burma ...... Dollar ...... 92.00 ...... 92.00 Vance Serchuk: United States ...... Dollar ...... 10,200.95 ...... 10,200.95 Israel ...... Dollar ...... 1,338.47 ...... 1,338.47 Tunisia ...... Dollar ...... 157.00 ...... 333.33 ...... 490.33 Libya ...... Dollar ...... 333.33 ...... 333.33 Margaret Goodlander: United States ...... Dollar ...... 9,579.95 ...... 9,579.95 Israel ...... Dollar ...... 1,213.92 ...... 1,213.92 Tunisia ...... Dollar ...... 157.00 ...... 333.33 ...... 490.33

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6543 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Libya ...... Dollar ...... 333.33 ...... 333.33 Germany ...... Dollar ...... 352.00 ...... 814.00 ...... 1,166.00 Adam J. Barker: United States ...... Dollar ...... 837.90 ...... 837.90 Colombia ...... Dollar ...... 1,525.00 ...... 1,525.00 Brian Burton: Germany ...... Dollar ...... 215.77 ...... 814.00 ...... 1,029.77 Lucian L. Niemeyer: United States ...... Dollar ...... 9,834.20 ...... 9,834.20 Kuwait ...... Dollar ...... 72.00 ...... 72.00 Bahrain ...... Dollar ...... 267.00 ...... 267.00 Senator Joseph I. Lieberman: United States ...... Dollar ...... 77.69 ...... 14,645.90 ...... 14,723.59 Philippines ...... Dollar ...... 32.88 ...... 32.88 Vietnam ...... Dollar ...... 82.85 ...... 82.85 Thailand ...... Dollar ...... 326.58 ...... 142.86 ...... 469.44 Burma ...... Dollar ...... 15.00 ...... 15.00 Senator Kelly Ayotte: Germany ...... Dollar ...... 133.21 ...... 133.21 Philippines ...... Dollar ...... 99.15 ...... 99.15 Vietnam ...... Dollar ...... 187.33 ...... 187.33 Thailand ...... Dollar ...... 613.65 ...... 613.65 Burma ...... Dollar ...... 68.40 ...... 68.40 Michael J. Noblet: United States ...... Dollar ...... 784.00 ...... 784.00 Colombia ...... Dollar ...... 449.00 ...... 449.00 Matt Rimkunas: Afghanistan ...... Dollar ...... 13.47 ...... 13.47 Egypt ...... Dollar ...... 169.87 ...... 169.87 Israel ...... Dollar ...... 73.10 ...... 73.10 Tunisia ...... Dollar ...... 13.47 ...... 13.47 United States ...... Dollar ...... 13.12 ...... 13.12 Senator Richard Blumenthal: United States ...... Dollar ...... 12.66 ...... 12.66 Afghanistan ...... Dollar ...... 13.47 ...... 13.47 Egypt ...... Dollar ...... 422.79 ...... 422.79 Israel ...... Dollar ...... 397.96 ...... 397.96 Tunisia ...... Dollar ...... 105.06 ...... 105.06 Christian D. Brose: United States ...... Dollar ...... 50.00 ...... 50.00 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 Egypt ...... Dollar ...... 179.00 ...... 179.00 Israel ...... Dollar ...... 113.00 ...... 113.00 Tunisia ...... Dollar ...... 76.00 ...... 76.00 United States ...... Dollar ...... 14,645.90 ...... 14,645.90 Philippines ...... Dollar ...... 206.00 ...... 206.00 Vietnam ...... Dollar ...... 113.00 ...... 113.00 Thailand ...... Dollar ...... 244.00 ...... 244.00 Burma ...... Dollar ...... 77.00 ...... 77.00 Clarine Nardi Riddle: Germany ...... Dollar ...... 138.99 ...... 814.00 ...... 952.99 Christian D. Brose: Germany ...... Dollar ...... 147.00 ...... 147.00 Total ...... 31,806.79 ...... 196,048.31 ...... 2,617.30 ...... 230,472.40 SENATOR CARL LEVIN, Chairman, Committee on Armed Services, Apr. 2, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JAN. 1, TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard C. Shelby: New Zealand ...... Dollar ...... 416.00 ...... 416.00 Australia ...... Dollar ...... 2,414.00 ...... 2,414.00 William D. Duhnke III: New Zealand ...... Dollar ...... 416.00 ...... 416.00 Australia ...... Dollar ...... 2,414.00 ...... 2,414.00 Anne Coleman Caldwell: New Zealand ...... Dollar ...... 416.00 ...... 416.00 Australia ...... Dollar ...... 2,414.00 ...... 2,414.00 Senator Michael Bennet: Turkey ...... Lira ...... 237.25 ...... 237.25 India ...... Rupee ...... 1,075.86 ...... 1,075.86 United States ...... Dollar ...... 4,864.50 ...... 4,864.50 Andrew Leahy: Turkey ...... Lira ...... 142.34 ...... 142.34 India ...... Rupee ...... 612.09 ...... 612.09 Slovakia ...... Koruna ...... 21.84 ...... 21.84 Senator Richard C. Shelby Cuba ...... Peso ...... 264.00 ...... 264.00 Colombia ...... Peso ...... 471.00 ...... 471.00 Anne Coleman Caldwell Cuba ...... Peso ...... 264.00 ...... 264.00 Colombia ...... Peso ...... 471.00 ...... 471.00 Total ...... 12,049.38 ...... 4,864.50 ...... 16,913.88 SENATOR TIM JOHNSON, Chairman, Committee on: Banking, Housing, and Urban Affairs, Apr. 2, 2012.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6544 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Kent Conrad: Cuba ...... Peso ...... 544.00 ...... 544.00 Colombia ...... Peso ...... 2,165.00 ...... 2,165.00 Sara Garland: Cuba ...... Peso ...... 444.00 ...... 444.00 Colombia ...... Peso ...... 1,505.00 ...... 1,505.00 Delegation Expenses 1 Cuba ...... Peso ...... 143.64 ...... 143.64 Colombia ...... Peso ...... 1,475.80 ...... 2,846.90 ...... 4,322.70 Senator Mark Warner: Turkey ...... Lira ...... 432.97 ...... 432.97 India ...... Rupee ...... 1,800.00 ...... 1,800.00 Slovakia ...... Euro ...... 360.95 ...... 360.95 Mark Brunner: Turkey ...... Lira ...... 277.96 ...... 277.96 India ...... Rupee ...... 2,400.58 ...... 2,400.58 Slovakia ...... Euro ...... 360.95 ...... 360.00 Delegation Expenses 1 Turkey ...... Lira ...... 506.67 ...... 506.67 India ...... Rupee ...... 8,434.35 ...... 8,434.35 Slovakia ...... Euro ...... 2,875.58 ...... 2,875.58

Total ...... 10,291.41 ...... 1,475.80 ...... 14,807.14 ...... 26,574.35

1 Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR KENT CONRAD, Chairman, Committee on: Budget, Apr. 26, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Thune: Ghana ...... Cedi ...... 499.33 ...... 499.33 South Africa ...... Rand ...... 608.36 ...... 608.36 Tanzania ...... Shillin ...... 200.72 ...... 200.72 Germany ...... Euro ...... 265.58 ...... 265.58 Delegation Expenses: Ghana ...... Cedi ...... 957.00 ...... 957.00 South Africa ...... Shilling ...... 906.80 ...... 906.80 Senator Max Baucus: Russia ...... Ruble ...... 476.39 ...... 476.39 United States ...... Dollar ...... 9,144.04 ...... 9,144.04 Amber Cottle: Russia ...... Ruble ...... 661.00 ...... 661.00 United States ...... Dollar ...... 9,144.04 ...... 9,144.04 Chelsea Thomas: Russia ...... Ruble ...... 611.51 ...... 611.51 United States ...... Dollar ...... 9,728.04 ...... 9,728.04 Hun Quach: Russia ...... Ruble ...... 464.23 ...... 464.23 United States ...... Dollar ...... 9,144.04 ...... 9,144.04 Bruce Hirsh: Russia ...... Ruble ...... 623.93 ...... 623.93 United States ...... Dollar ...... 9,144.04 ...... 9,144.04 Scott Mulhauser: Russia ...... Ruble ...... 442.33 ...... 442.33 United States ...... Dollar ...... 9,144.04 ...... 9,144.04 Jon Selib: Russia ...... Ruble ...... 479.11 ...... 479.11 United States ...... Dollar ...... 9,728.04 ...... 9,728.04 Paul Wilkins: Russia ...... Ruble ...... 495.11 ...... 495.11 United States ...... Dollar ...... 9,728.04 ...... 4,086.01 ...... 13,814.05 Delegation Expenses: Russia ...... Ruble ...... 9,106.47 ...... 9,106.47 Bruce Hirsh: China ...... Renminbi ...... 2,584.82 ...... 2,584.82 United States ...... Dollar ...... 12,908.19 ...... 12,908.19 Heather O’Louglin: New Zealand ...... Dollar ...... 2,115.29 ...... 2,115.29 United States ...... Dollar ...... 14,399.93 ...... 14,399.93 Gregory Kalbaugh: New Zealand ...... Dollar ...... 1,969.03 ...... 1,969.03 United States ...... Dollar ...... 14,399.93 ...... 14,399.93

Total ...... 12,496.74 ...... 116,612.37 ...... 15,056.28 ...... 144,165.39

1 Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 5012(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR MAX BAUCUS, Chairman, Committee on Finance, May 1, 2012.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6545 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Barrasso: Ghana ...... Cedi ...... 512.33 ...... 512.33 South Africa ...... Rand ...... 650.25 ...... 650.25 Tanzania ...... Shilling ...... 201.75 ...... 201.75 Germany ...... Euro ...... 281.73 ...... 281.73 Senator Bob Corker: ...... Franc ...... 1,324.65 ...... 1,324.65 France ...... Euro ...... 977.58 ...... 977.58 Senator John Kerry: Oman ...... Rial ...... 73.00 ...... 73.00 Israel ...... Shekel ...... 788.00 ...... 788.00 Saudi Arabia ...... Riyal ...... 329.00 ...... 329.00 United Arab Emirates ...... Dirham ...... 1,660.00 ...... 1,660.00 Jordan ...... Dinar ...... 394.00 ...... 394.00 France ...... Euro ...... 815.58 ...... 815.58 United States ...... Dollar ...... 11,196.00 ...... 11,196.00 Germany ...... Euro ...... 1,306.42 ...... 1,306.42 United States ...... Dollar ...... 4,634.00 ...... 4,634.00 ...... Riyal ...... 340.65 ...... 340.65 United States ...... Dollar ...... 10,534.00 ...... 10,534.00 Senator Marco Rubio: United States ...... Dollar ...... 1,106.50 ...... 1,106.50 Senator Jeanne Shaheen: ...... Euro ...... 970.86 ...... 970.86 Senator Tom Udall: Turkey ...... Lira ...... 436.59 ...... 436.59 India ...... Rupee ...... 2,496.59 ...... 2,496.59 Slovakia ...... Euro ...... 360.95 ...... 360.95 Michael Bright: Switzerland ...... Franc ...... 1,082.10 ...... 1,082.10 France ...... Euro ...... 1,157.10 ...... 1,157.10 Jason Bruder: Romania ...... Leu ...... 777.59 ...... 777.59 Poland ...... Zioty ...... 302.23 ...... 302.23 Belgium ...... Euro ...... 1,131.45 ...... 1,131.45 United States ...... Dollar ...... 4,827.30 ...... 4,827.30 Perry Cammack: Israel ...... Shekel ...... 945.00 ...... 945.00 Saudi Arabia ...... Riyal ...... 433.00 ...... 433.00 United Arab Emirates ...... Dirham ...... 1,430.00 ...... 1,430.00 Jordan ...... Dinar ...... 685.00 ...... 685.00 United States ...... Dollar ...... 9,658.10 ...... 9,658.10 Kuwait ...... Dinar ...... 435.00 ...... 435.00 Qatar ...... Riyal ...... 362.00 ...... 362.00 United Arab Emirates ...... Dirham ...... 367.00 ...... 367.00 United States ...... Dollar ...... 16,149.90 ...... 16,149.90 Victor Cervino: Haiti ...... Dollar ...... 250.00 ...... 250.00 United States ...... Dollar ...... 1,106.50 ...... 1,106.50 Heidi Crebo-Rediker: Switzerland ...... Franc ...... 2,170.00 ...... 2,170.00 United States ...... Dollar ...... 812.30 ...... 812.30 William Danvers: Israel ...... Shekel ...... 743.00 ...... 743.00 Saudi Arabia ...... Riyal ...... 350.00 ...... 350.00 United Arab Emirates ...... Dirham ...... 1,630.00 ...... 1,630.00 Jordan ...... Dinar ...... 500.00 ...... 500.00 France ...... Euro ...... 626.00 ...... 626.00 United States ...... Dollar ...... 11,269.00 ...... 11,269.00 Germany ...... Euro ...... 1,269.97 ...... 1,269.97 Qatar ...... Riyal ...... 340.65 ...... 340.65 United States ...... Dollar ...... 10,527.00 ...... 10,527.00 Gary Hart: Russia ...... Ruble ...... 2,033.35 ...... 2,033.35 United States ...... Dollar ...... 8,744.00 ...... 8,744.00 Chris Homan: Cuba ...... Dollar ...... 224.00 ...... 224.00 Haiti ...... Dollar ...... 589.00 ...... 589.00 United States ...... Dollar ...... 1,933.70 ...... 1,933.70 Frank Jannuzi: Germany ...... Euro ...... 1,205.00 ...... 1,205.00 United States ...... Dollar ...... 2,270.20 ...... 2,270.20 Greg Kausner: Kuwait ...... Dinar ...... 454.71 ...... 454.71 Qatar ...... Riyal ...... 361.75 ...... 361.75 United Arab Emirates ...... Dirham ...... 402.00 ...... 402.00 United States ...... Dollar ...... 16,149.90 ...... 16,149.90 Tamara Klajn: Nigeria ...... Naira ...... 105.75 ...... 173.00 ...... 278.75 United States ...... Dollar ...... 4,339.30 ...... 4,339.30 Chad Kreikemeier: Belgium ...... Euro ...... 1,007.70 ...... 1,007.70 Emily Mendrala: Haiti ...... Dollar ...... 399.00 ...... 399.00 United States ...... Dollar ...... 1,155.50 ...... 1,155.50 Matthew Padilla: Turkey ...... Lira ...... 271.57 ...... 271.57 India ...... Rupee ...... 2,395.27 ...... 2,395.27 Slovakia ...... Euro ...... 360.95 ...... 360.95 Shannon Smith: Sudan ...... Dollar ...... 1,109.45 ...... 217.85 ...... 1,327.30 South Sudan ...... Dollar ...... 425.00 ...... 425.00 United States ...... Dollar ...... 4,449.82 ...... 4,449.82 Christopher Socha: Belgium ...... Euro ...... 1,019.35 ...... 1,019.35 United States ...... Dollar ...... 1,923.40 ...... 1,923.40 Mark String: Russia ...... Ruble ...... 1,973.00 ...... 1,211.73 ...... 3,184.73 United States ...... Dollar ...... 9,949.40 ...... 9,949.40 Anthony Wier: Romania ...... Leu ...... 778.03 ...... 778.03

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6546 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Poland ...... Zioty ...... 303.34 ...... 303.34 Belgium ...... Euro ...... 1,031.45 ...... 1,031.45 United States ...... Dollar ...... 2,907.30 ...... 2,907.30 Total ...... 47,356.69 ...... 136,033.97 ...... 1,211.73 ...... 184,602.39 SENATOR JOHN KERRY, Chairman, Committee on: Foreign Relations, Apr. 27, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS, AMENDED, FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95– 384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Susan M. Collins: United States ...... Dollar ...... 14,615.40 ...... 14,615.40 Jordan ...... Dinar ...... 595.95 ...... 595.95 Turkey ...... Lira ...... 262.00 ...... 262.00 Ryan Kaldahl: United States ...... Dollar ...... 14,892.40 ...... 14,892.40 Jordan ...... Dinar ...... 677.00 ...... 677.00 Turkey ...... Lira ...... 262.00 ...... 262.00 Vance Serchuk: Canada ...... Dollar ...... 626.73 ...... 626.73 Margaret Goodlander: Canada ...... Dollar ...... 796.73 ...... 796.73 Delegation Expenses:1 Jordan ...... Dinar ...... 544.75 ...... 544.75 Total ...... 3,220.41 ...... 29,507.80 ...... 1,497.45 ...... 34,225.66 1 Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR JOSEPH I. LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, May 1, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Vance Serchuk: United States ...... Dollar ...... 4,028.80 ...... 4,028.80 Egypt ...... Pound ...... 485.00 ...... 485.00 Jordan ...... Dinar ...... 562.70 ...... 562.70 Qatar ...... Qatari Riyal ...... 667.56 ...... 667.56 Margaret Goodlander: Egypt ...... Pound ...... 421.00 ...... 421.00 Jordan ...... Dinar ...... 303.30 ...... 303.30 Vance Serchuk: United States ...... Dollar ...... 2,169.80 ...... 2,169.80 Germany ...... Euro ...... 1,003.25 ...... 1,003.25 United States ...... Dollar ...... 2,745.30 ...... 2,745.30 Egypt ...... Pound ...... 534.00 ...... 534.00 Israel ...... Shekel ...... 466.00 ...... 466.00 Tunisia ...... Dinar ...... 180.85 ...... 180.85 Delegation Expenses: 1 Jordan ...... Dinar ...... 228.25 ...... Total ...... 4,623.66 ...... 8,943.90 ...... 228.25 ...... 13,795.81 1 Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR JOSEPH I. LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, May 1, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON JUDICIARY FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Sheldon Whitehouse: United States ...... Dollar ...... 14,645.90 ...... 14,645.90 Philippines ...... Piso ...... 338.69 ...... 338.69 Vietnam ...... Dong ...... 379.17 ...... 379.17 Thailand ...... Baht ...... 593.81 ...... 593.81 Burma ...... Kyat ...... 228.18 ...... 228.18 Delegation Expenses:1 Philipines ...... Pisa ...... 8.88 ...... 8.88

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6547 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON JUDICIARY FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Vietnam ...... Dong ...... 237.25 ...... 237.25 Thailand ...... Baht ...... 441.19 ...... 441.19 Burma ...... Kyat ...... 541.56 ...... 541.56 Senator Jon Kyl: New Zealand ...... Dollar ...... 357.16 ...... 357.16 Australia ...... Dollar ...... 4,099.97 ...... 4,099.97 Carolyn Leddy: New Zealand ...... Dollar ...... 508.13 ...... 508.13 Australia ...... Dollar ...... 4,280.00 ...... 4,280.00 Delegation Expenses: New Zealand ...... Dollar ...... 945.84 ...... 945.84 Australia ...... Dollar ...... 474.00 ...... 9,446.72 ...... 9,920.72 Senator Patrick Leahy: Cuba ...... CUC ...... 544.00 ...... 544.00 Colombia ...... Peso ...... 2,165.00 ...... 2,165.00 Senator Christopher Coons: Cuba ...... CUC ...... 544.00 ...... 544.00 Colombia ...... Peso ...... 2,165.00 ...... 2,165.00 John P. Dowd: Cuba ...... CUC ...... 444.00 ...... 444.00 Colombia ...... Peso ...... 1,505.00 ...... 1,505.00 Kevin McDonald: Cuba ...... CUC ...... 444.00 ...... 444.00 Colombia ...... Peso ...... 1,505.00 ...... 1,505.00 Lisa Hummon: Cuba ...... CUC ...... 444.00 ...... 444.00 Colombia ...... Peso ...... 1,505.00 ...... 1,505.00 Delegation Expenses:1 Cuba ...... CUC ...... 359.10 ...... 359.10 Colombia ...... Peso ...... 3,689.55 ...... 7,117.00 ...... 10,806.55 Total ...... 22,050.11 ...... 18,809.45 ...... 19,097.54 ...... 59,957.10 1 Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR PATRICK LEAHY, Chairman, Committee on Judiciary, Apr. 27, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Michael B. Enzi: New Zealand ...... Dollar ...... 30.00 ...... 30.00 Australia ...... Dollar ...... 840.00 ...... 174.00 ...... 1,014.00 Melissa Pfaff: Zambia ...... Kwacha ...... 1,545.00 ...... 248.00 ...... 1,793.00 United States ...... Dollar ...... 3,144.10 ...... 3,144.10 Anna Abram: Zambia ...... Kwacha ...... 1,669.00 ...... 248.00 ...... 1,917.00 United States ...... Dollar ...... 3,144.10 ...... 3,144.10 Ashley Cottingham: Zambia ...... Kwacha ...... 1,639.00 ...... 248.00 ...... 1,887.00 United States ...... Dollar ...... 9,905.10 ...... 9,905.10 Total ...... 5,723.00 ...... 17,111.30 ...... 22,834.30 SENATOR TOM HARKIN, Chairman, Committee on Health, Education, Labor, and Pensions, Apr. 25, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Daniel Coats: ...... 2,179.09 ...... 2,179.09 Brian Miller: ...... 1,082.00 ...... 1,082.00 Senator Ron Wyden: ...... 49.00 ...... 49.00 Dollar ...... 11,897.70 ...... 11,897.70 Isaiah Akin: ...... 49.00 ...... 49.00 Dollar ...... 11,897.70 ...... 11,897.70 Randall Bookout: ...... 773.00 ...... 773.00 Dollar ...... 12,668.20 ...... 12,668.20 Lorenzo Goco: ...... 680.00 ...... 680.00 Dollar ...... 12,668.20 ...... 12,668.20 Paul Matulic: ...... 880.00 ...... 880.00 Dollar ...... 12,668.20 ...... 12,668.20 Hayden Milberg: ...... 2,074.00 ...... 2,074.00 Dollar ...... 15,960.70 ...... 15,960.70 Jamal Ware: ...... 1,602.00 ...... 1,602.00 Dollar ...... 10,945.55 ...... 10,945.55 Brian Walsh: ...... 1,566.00 ...... 1,566.00 Dollar ...... 10,541.55 ...... 10,541.55 Senator Marco Rubio: ...... 125.84 ...... 125.84 Senator Saxby Chambliss: ...... 144.00 ...... 144.00 Andrew Grotto: ...... 1,473.00 ...... 1,473.00

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6548 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Dollar ...... 8,310.00 ...... 8,310.00 Jeffrey Howard: ...... 1,192.00 ...... 1,192.00 Dollar ...... 8,309.50 ...... 8,309.50 Ryan Tully: ...... 430.00 ...... 430.00 Dollar ...... 6,947.30 ...... 6,947.30 Senator Saxby Chambliss: ...... 930.00 ...... 930.00 Tressa Guenov: ...... 420.00 ...... 420.00 Christian Cook: ...... 3,328.00 ...... 3,328.00 Dollar ...... 17,676.70 ...... 17,676.70 James Smythers: ...... 3,493.00 ...... 3,493.00 Dollar ...... 17,676.70 ...... 17,676.70 Neal Higgins: ...... 2,001.00 ...... 2,001.00 Dollar ...... 15,058.80 ...... 15,058.80 Tyler Stephens: ...... 3,328.00 ...... 3,328.00 Dollar ...... 17,676.70 ...... 17,676.70 Andrew Kerr: ...... 2,074.00 ...... 2,074.00 Dollar ...... 15,960.70 ...... 15,960.70 Richard Girven: ...... 1,914.00 ...... 1,914.00 Dollar ...... 15,960.70 ...... 15,960.70 Ryan Tully: ...... 2,024.00 ...... 2,024.00 Dollar ...... 15,960.70 ...... 15,960.70 Senator Richard Burr: ...... 760.00 ...... 760.00

Total ...... 34,570.93 ...... 238,785.60 ...... 273,356.53 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, Mar. 28, 2012.

CONSOLIDATED REPORT OF EXPENDITURE FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Fred Turner: Austria ...... Euro ...... 662.83 ...... 662.83 United Kingdom ...... Pound ...... 1,497.00 ...... 1,497.00 United States ...... Dollar ...... 1,668.40 ...... 1,668.40

Total ...... 2,159.83 ...... 1,668.40 ...... 3,828.23 SENATOR BENJAMIN CARDIN, Chairman, Commission on Security and Cooperation in Europe, Apr. 16, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), REPUBLICAN LEADER FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Mitch McConnell: United States ...... Dollar ...... 12,582.90 ...... 12,582.90 Japan ...... Yen ...... 75.25 ...... 75.25 Burma ...... Kyat ...... 395.71 ...... 395.71 Thailand ...... Baht ...... 152.98 ...... 152.98 RADM (Dr.) Brian Monahan: United States ...... Dollar ...... 12,583.80 ...... 12,583.80 Japan ...... Yen ...... 95.25 ...... 95.25 Burma ...... Kyat ...... 326.30 ...... 326.30 Thailand ...... Baht ...... 202.97 ...... 202.97 Roy Brownell: United States ...... Dollar ...... 12,583.80 ...... 12,583.80 Japan ...... Yen ...... 70.25 ...... 70.25 Burma ...... Kyat ...... 322.91 ...... 322.91 Thailand ...... Baht ...... 152.98 ...... 152.98 Thomas Hawkins: United States ...... Dollar ...... 14,958.00 ...... 14,958.00 Japan ...... Yen ...... 1,079.80 ...... 546.11 ...... 1,625.91 Burma ...... Kyat ...... 366.00 ...... 366.00 Thailand ...... Baht ...... 152.98 ...... 152.98 Delegation Expenses: 1 Japan ...... Yen ...... 565.00 ...... 565.00 Burma ...... Kyat ...... 6,085.57 ...... 6,085.57 Thailand ...... Baht ...... 312.12 ...... 312.12 Thomas Hawkins: Germany ...... Euro ...... 1,120.18 ...... 1,120.18

Total ...... 4,513.56 ...... 52,708.50 ...... 7,508.80 ...... 64,730.86 1 Delegation expenses include payments and reimbursements to the Department of State under the Authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR MITCH McCONNELL, Republican Leader, Apr. 24, 2012.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 8634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6549 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON SPECIAL COMMITTEE ON AGING FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2010

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Michael Bassett: Switzerland ...... Franc ...... 1,378.73 ...... 143.28 ...... 1,522.01 United States ...... Dollar ...... 1,698.00 ...... 1,698.00 Francine Hennie: Switzerland ...... Franc ...... 1,378.73 ...... 143.28 ...... 1,522.01 United States ...... Dollar ...... 1,698.00 ...... 1,698.00 Anne Oswalt: Switzerland ...... Franc ...... 1,378.73 ...... 143.28 ...... 1,522.01 United States ...... Dollar ...... 1,698.00 ...... 1,698.00 Martin Schuh: Switzerland ...... Franc ...... 1,378.73 ...... 143.28 ...... 1,522.01 United States ...... Dollar ...... 1,698.00 ...... 1,698.00 Total ...... 5,514.92 ...... 7,365.12 ...... 12,880.04 SENATOR HERB KOHL, Chairman, Committee on Special Committee on Aging, Apr. 17, 2012.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SPECIAL COMMITTEE ON AGING FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2012

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Anne Oswalt: Zambia ...... Kwacha ...... 2,064.00 ...... 2,064.00 United States ...... Dollar ...... 15,805.50 ...... 15,805.50 Total ...... 2,064.00 ...... 15,805.50 ...... 17,869.50 SENATOR HERB KOHL, hChairman, Committee on Special Committee on Aging, Apr. 16, 2012.

PREVENTING THE TERMINATION pass today, when enacted, will reau- Judiciary Committee, Senator COBURN OF TEMPORARY OFFICE OF thorize 30 temporary judgeships in 14 knows that this is precisely what com- BANKRUPTCY JUDGES States and Puerto Rico. All of these mittees do in the ordinary course of Mr. WHITEHOUSE. Mr. President, I positions have already expired, and the consideration of legislation and ask unanimous consent that the Sen- without this legislation, upon retire- what was done during the development ment or departure of the judges in ate now proceed to the consideration of of this legislation. Senator COONS H.R. 4967, which was received from the these positions, they could not be filled again. Needlessly reducing the re- worked with the AO, which made rec- House and is at the desk. ommendations, and with bankruptcy The PRESIDING OFFICER. The sources of our bankruptcy courts does judges in a variety of districts to deter- clerk will report the bill by title. nothing but put more pressure on The legislative clerk read as follows: Americans who are already navigating mine where need was greatest. To cod- A bill (H.R. 4967) to prevent the termi- a difficult economic environment. This ify an unenforceable mandate nomi- nation of the temporary office of bankruptcy legislation should help avoid that and nally imposed on future Congresses is judges in certain judicial districts. provide some small degree of relief to unnecessary and unwise. overburdened bankruptcy courts There being no objection, the Senate Once again I take the opportunity to proceeded to consider the bill. around the country. Quite frankly, I thank and congratulate Senator COONS Mr. LEAHY. Mr. President, I con- think we should be doing more and for his hard work and attention to this gratulate Senator COONS for a second hope we will continue to make sure the time on the passage of legislation that Federal Judiciary has the resources it issue. This would not be passing again will reauthorize 30 temporary bank- needs to serve all Americans. without his diligence, focus, and legis- ruptcy judgeships in districts around As chairman of the Judiciary Com- lative skill. He has now done twice the country. I was pleased to support mittee, I will note once again my con- what has seemed impossible to do once. Senator COONS’ very strong and per- cern with a portion of the legislation Mr. WHITEHOUSE. Mr. President, I the Senate passes today. In order to se- sistent efforts on this important legis- ask unanimous consent that the bill be lation. The Judiciary Committee re- cure passage of this legislation, Sen- read three times and passed, the mo- ported this legislation favorably on De- ator COBURN insisted upon adding a cember 15, 2011. section to the bill that purports to tell tion to reconsider be laid upon the The Senate passed the first version of future Senate and House Judiciary table, with no intervening action or de- this legislation on April 19. Despite the Committees how to conduct their busi- bate, and that any statements be print- good intentions of everyone involved, a ness. Unfortunately, the perfected bill ed in the RECORD. technical error was discovered after we pass today retains this provision. The PRESIDING OFFICER. Without transmittal to the House of Represent- Senator COBURN’s amendment would objection, it is so ordered. atives. Senator COONS worked quickly dictate that before any of these 30 with the House Judiciary Committee judgeships could be reauthorized again, The bill (H.R. 4967) was ordered to a to resolve that technical issue and, on the Senate and House Judiciary Com- third reading, was read the third time, May 9, the House took up and passed a mittee’s would be required to take cer- and passed. perfected bill. tain steps and require a report from As I noted the first time the Senate the Administrative Office of the United acted on this legislation, the bill we States Courts, AO. As a member of the

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6550 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 10, 2012 HONORING FEDERAL, STATE, AND a somber and important act that we The PRESIDING OFFICER. The LOCAL LAW ENFORCEMENT OF- take. clerk will report the resolution by FICERS I ask unanimous consent that this title. Mr. WHITEHOUSE. Mr. President, I resolution be agreed to, the preamble The assistant legislative clerk read ask unanimous consent that the Sen- be agreed to, that the motions to re- as follows: ate proceed to S. Res. 456, submitted consider be laid upon the table, with no A resolution (S. Res. 458) commemorating intervening action or debate, and that May 15, 2012, as the sesquicentennial of the earlier today. founding of the Department of Agriculture. The PRESIDING OFFICER. The any statements be printed in the There being no objection, the Senate clerk will report the resolution by RECORD. proceeded to the resolution. title. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. WHITEHOUSE. Mr. President, I The assistant legislative clerk read ask unanimous consent that the reso- as follows: The resolution (S. Res. 456) was agreed to. lution be agreed to, the preamble be A resolution (S. Res. 456) commemorating agreed to, and the motions to recon- The preamble was agreed to. and acknowledging the dedication and sac- sider be laid upon the table. rifice made by the Federal, State, and local The resolution, with its preamble, The PRESIDING OFFICER. Without law enforcement officers who have been reads as follows: killed or injured in the line of duty. objection, it is so ordered. S. RES. 456 The resolution (S. Res. 458) was There being no objection, the Senate (Commemorating and acknowledging the agreed to. proceeded to consider the resolution. dedication and sacrifice made by the Fed- The preamble was agreed to. Mr. LEAHY. Mr. President, I com- eral, State, and local law enforcement offi- The resolution, with its preamble, mend the Senate for agreeing to this cers who have been killed or injured in the reads as follows: line of duty) resolution to honor the men and S. RES. 458 women who serve in law enforcement Whereas the well-being of all citizens of Whereas, on May 15, 1862, President Abra- and to officially recognize May 15 as the United States is preserved and enhanced ham Lincoln signed into law an Act that es- National Peace Officers Memorial Day. as a direct result of the vigilance and dedica- tablished a Department of Agriculture (12 Despite the progress that has been tion of law enforcement personnel; Stat. 387, chapter 72); made in improving officer safety, there Whereas more than 900,000 men and Whereas President Lincoln gave the De- women, at great risk to their personal safe- is much work to be done. The year 2011 partment of Agriculture general authority to ty, presently serve their fellow citizens as acquire and spread useful information on ag- was an especially tragic one for the law guardians of the peace; enforcement community. Last year, 163 ricultural subjects and to assist in the devel- Whereas peace officers are on the front opment and use of new and valuable seeds State and Federal law enforcement of- lines in protecting the schools and school- and plants; ficers lost their lives in the line of children of the United States; Whereas, in 1862, President Lincoln also duty. This is an increase from 2010 and Whereas in 2011, 163 peace officers across signed into law the Act entitled ‘‘An Act to a grim reminder of the sacrifices far the United States were killed in the line of secure homesteads to actual settlers on the too many individuals make serving duty; public domain’’ (commonly known as the Whereas Congress should strongly support their communities and fellow citizens. ‘‘Homestead Act of 1862’’; 12 Stat. 392, chap- initiatives to reduce violent crime and to in- ter 75) and the Act of July 2, 1862 (commonly The Senate should continue to do all it crease the factors that contribute to the can to support officer safety. known as the ‘‘First Morrill Act’’; 12 Stat. safety of law enforcement officers; 503, chapter 130), which, along with the cre- To recognize these sacrifices, as they Whereas there are more than 19,000 Fed- ation of the Department of Agriculture, lay do every year, law enforcement officers eral, State, and local law enforcement offi- the foundation for Federal agricultural pol- and their families from across the cers who lost their lives in the line of duty icy; United States will come to Washington while protecting their fellow citizens, and Whereas, in the 1850s, there was 1 farmer to pay tribute and honor the men and whose names are engraved upon the National for every 2 people in the United States, while women who have lost their lives. And Law Enforcement Officers Memorial in today the average farmer in the United Washington, District of Columbia; as I do each year, I will stand with States feeds more than 150 people; Whereas in 1962, President John F. Ken- Whereas the United States is now the sec- them. nedy designated May 15 as National Peace In 1962, President Kennedy des- ond largest producer and the largest exporter Officers Memorial Day; and of agricultural products in the world; ignated May 15 as National Peace Offi- Whereas on May 15, 2012, more than 20,000 Whereas the role of the Department of Ag- cers Memorial Day. Once again I am peace officers are expected to gather in riculture has expanded to include functions proud to have introduced a resolution Washington, District of Columbia, to join impacting nearly every aspect of the rural officially recognizing that designation with the families of their recently fallen United States and beyond; and honoring these men and women, comrades to honor those comrades and all Whereas the Department of Agriculture others who went before them: Now, there- and all of those that came before them. helps to ensure the safety of the food supply fore, be it of the United States, provides conservation I am glad we passed this official rec- Resolved, That the Senate— ognition today. assistance, collects market data, provides (1) commemorates and acknowledges the nutrition assistance, protects the health of The safety of law enforcement offi- dedication and sacrifices made by the Fed- plants and animals, supports rural commu- cers across the United States should be eral, State, and local law enforcement offi- nities, conducts agricultural research, main- something on which we can all agree. I cers who have been killed or injured in the tains risk management tools for producers, hope the quick passage of this resolu- line of duty; and promotes agricultural exports; and tion will foreshadow future bipartisan (2) recognizes May 15, 2012, as ‘‘National Whereas the professionalism, dedication, Peace Officers Memorial Day’’; and and work ethic of the public servants at the work on behalf of the men and women (3) calls on the people of the United States who work day after day to protect all Department of Agriculture provide a shining to observe that day with appropriate cere- example of why President Lincoln called the of us. mony, solemnity, appreciation, and respect. Mr. WHITEHOUSE. Mr. President, I Department of Agriculture the ‘‘People’s De- partment’’: Now, therefore, be it will take a moment to recognize the f Resolved, That the Senate— significance of that measure. I know (1) congratulates the men and women of the Presiding Officer, in his many COMMEMORATING THE SESQUI- the Department of Agriculture on the occa- years as attorney general of the State CENTENNIAL OF THE FOUNDING sion of the 150th anniversary of the Depart- of Connecticut, became keenly aware OF THE DEPARTMENT OF AGRI- ment; of the sacrifices our law enforcement CULTURE (2) celebrates the growth and success of ag- officers are too often called upon to Mr. WHITEHOUSE. Mr. President, I riculture in the United States and (3) honors the farmers and ranchers of the make to protect our communities. In ask unanimous consent that the Sen- United States, whose ingenuity, adapt- the State of Rhode Island, we recently ate now proceed to the consideration of ability, and skill have created the safest and lost a Providence police officer who S. Res. 458, which was submitted ear- most abundant food supply in the history of was killed in the line of duty. So it is lier today. mankind.

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6551 UNANIMOUS CONSENT AGREE- There being no objection, the Senate, ROBERT E. HARGENS JODIE A. HARVEY MENT—EXECUTIVE CALENDAR at 6:11 p.m., adjourned until Monday, THOMAS J. HESS May 14, 2012, at 2 p.m. JEREMY C. HORN Mr. WHITEHOUSE. Mr. President, I QUINCY N. HUNEYCUTT III ask unanimous consent that on Mon- f BRIAN KURT JOHNSON NATHAN H. JORGENSEN day, May 14, 2012, at 4:30 p.m., the Sen- SEAN R. KELLEY ate proceed to executive session to con- NOMINATIONS DAVID J. KEMPSON LAWRENCE JAMES KLEIN sider the following nominations: Cal- Executive nominations received by JENNIFER R. KONDAL endar Nos. 570 and 571; that there be 60 the Senate: JOHN S. LADNER JOHN A. LEBLANC minutes for debate equally divided in IN THE AIR FORCE MATTHEW WALTER LECLAIR the usual form; that upon the use or MICHAEL KEVIN LOVE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY JOSEPH MADDEN yielding back of time the Senate pro- AS CHIEF OF STAFF, UNITED STATES AIR FORCE, AND DAVID V. MCNULTY ceed to vote, without intervening ac- APPOINTMENT TO THE GRADE INDICATED WHILE AS- TAMARA DAWN MIELKE SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- TODD A. MITTON tion or debate, on the nominations in BILITY UNDER TITLE 10, U.S.C., SECTIONS 8033 AND 601: MICHAEL H. MORGAN the order listed; the motions to recon- To be general KELLY JAMES PARKINSON JOHN EVAN PATTERSON sider be considered made and laid upon GEN. MARK A. WELSH III SHAUN J. PERKOWSKI the table, with no intervening action THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KATHRYN C. PFEIFER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JOHN J. PTAK, JR. or debate; that no further motions be CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THOMAS WILLIAM RYAN in order; that any related statements AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION GREGORY M. SCRIVNER 601: THOMAS R. SERRANO be printed in the RECORD; that the KEITH B. SNYDER President be immediately notified of To be general MICHAEL S. SPENCER JOHN G. TUGWELL the Senate’s action and the Senate GEN. PHILIP M. BREEDLOVE EDWARD L. VAUGHAN IV then resume legislative session. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RALPH C. WALSH, JR. AS THE VICE CHIEF OF STAFF, UNITED STATES AIR DAVID A. WEISHAAR The PRESIDING OFFICER. Without FORCE, AND APPOINTMENT TO THE GRADE INDICATED TIMOTHY LEE WILKINSON objection, it is so ordered. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DOUGLAS ALLAN WILLIAMS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 8034 JOHN P. YORK f AND 601: CRAIG M. ZIEMBA ORDERS FOR MONDAY, MAY 14, To be general IN THE ARMY 2012 LT. GEN. LARRY O. SPENCER THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, Mr. WHITEHOUSE. Mr. President, I IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- U.S.C., SECTIONS 531 AND 3064: ask unanimous consent that when the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be major Senate completes its business today, it 601: RHANDA J. BROCKINGTON adjourn until 2 p.m., on Monday, May To be lieutenant general VICKIE M. SCHNACKEL 14; that following the prayer and MAJ. GEN. NOEL T. JONES THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR pledge, the Journal of Proceedings be APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER approved to date; the morning hour be STATES OFFICER FOR APPOINTMENT IN THE RESERVE TITLE 10, U.S.C., SECTIONS 531 AND 3064: OF THE AIR FORCE TO THE GRADE INDICATED UNDER deemed expired and the time for the TITLE 10, U.S.C., SECTIONS 12203 AND 12212: To be major two leaders be reserved for their use To be brigadier general RICHARD A. DANIELS until later in the day; and that the ma- DANIEL J. HOLDWICK COL. WAYNE A. ZIMMET jority leader be recognized; further, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY that when the Senate resumes legisla- TO THE GRADE INDICATED IN THE RESERVE OF THE AIR MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 tive session following the votes on the FORCE UNDER TITLE 10, U.S.C., SECTION 12203: AND 3064: Russell and Tharp nominations, the To be colonel To be major Senate vote on the motion to invoke ROBERT M. AGUE ANDREW C. GALLO cloture on the motion to proceed to THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- CHRISTA M. LEWIS MENT TO THE GRADES INDICATED IN THE REGULAR AIR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT H.R. 2072. FORCE UNDER TITLE 10, U.S.C., SECTION 531: TO THE GRADE INDICATED IN THE UNITED STATES ARMY The PRESIDING OFFICER. Without To be lieutenant colonel MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 objection, it is so ordered. AND 3064: LESLIE A. WOOD To be major f To be major JOHN C. MOFFITT PROGRAM DAVID B. FRANKLIN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANTHONY R. IANNUCCILLO IN THE GRADE INDICATED IN THE RESERVE OF THE Mr. WHITEHOUSE. Mr. President, I JOSHUA M. MCCONKEY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: am informed that it is the majority MATTHEW L. SMITH To be colonel THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE leader’s intention to resume consider- UNITED STATES OFFICERS FOR APPOINTMENT TO THE MIMMS J. MABEE ation of the motion to proceed to H.R. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- 2072, the Export-Import Bank reauthor- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MENT TO THE GRADE INDICATED IN THE UNITED STATES To be colonel ARMY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., ization bill on Monday. SECTIONS 531, AND 3064: At 4:30 p.m., there will be an hour of NATHAN BARRY ALHOLINNA To be major CARL R. ALVAREZ debate on the Russell and Tharp nomi- SHAWN MICHAEL ANDERSON JONELLE J. KNAPP nations. MATTHEW P. ANDREWS THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- At 5:30 p.m., there will be up to three TIMOTHY W. AZBILL MENT TO THE GRADE INDICATED IN THE UNITED STATES SANDRA L. BEST ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS roll call votes on confirmation of the EDWARD E. BLACK 531, AND 3064: JAMES M. BRUHL Russell nomination, confirmation of PHILLIP C. BUNTON To be major the Tharp nomination, and the motion JOHNIE A. BURTON, JR. JEFFREY L. BUTLER ROBERT E. BESSEY to invoke cloture on the motion to pro- DARREN DENNIS WADE CHESTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ceed to H.R. 2072, the Export-Import DAVID ANTHONY CLARK TO THE GRADE INDICATED IN THE UNITED STATES ARMY LARRY K. CLARK MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624, Bank bill. DAVID V. COCHRAN AND 3064: f CHRIS S. COLLINS To be major MARSHALL C. COLLINS STEVEN EDWARD CONEY LAUREL A. THURSTON ADJOURNMENT UNTIL MONDAY, MITCHELL D. CULP THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- SUSAN M. DICKENS MAY 14, 2012, AT 2 P.M. MENT TO THE GRADE INDICATED IN THE UNITED STATES DAVID A. DIXON ARMY NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS BRADFORD RUSSELL EVERMAN Mr. WHITEHOUSE. Mr. President, if 531, AND 3064: there is no further business to come be- CHRISTOPHER E. FINERTY MATTHEW GAGE To be major fore the Senate, I ask unanimous con- MARK ANDREW GREEN sent that it adjourn under the previous PATRICK MARTIN GUINEE TINA M. MORGAN TERRY E. HALL THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR order. ANTHONY W. HAMEL APPOINTMENT TO THE GRADES INDICATED IN THE

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UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, KEITH M. HENRY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT U.S.C., SECTIONS 531 AND 3064: BENJAMIN L. HEWLETT TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant colonel PAUL H. HOGUE, JR. UNDER TITLE 10, U.S.C., SECTION 624: HEATH M. HOWELL To be captain KARL W. HUBBARD JEFFREY F. HYINK CHRIS D. JANKE To be major MARK D. LARABEE DOUGLAS A. JORDAN EMIL T. PETRUNCIO BENJAMIN N. HOFFMAN JASON T. JORGENSEN RICHARD J. WATKINS, JR. JEFFREY A. JOSEPH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JOSEPH M. KEENAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY MENT TO THE GRADES INDICATED IN THE UNITED JOHN L. KELSEY UNDER TITLE 10, U.S.C., SECTION 624: STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., MARK D. KESSELRING SECTIONS 531 AND 3064: JEFFREY J. KIM To be captain To be lieutenant colonel WILLIAM K. KIMMEL II ROBERT T. KING GREGORY D. BURTON JOANN B. COUCH DAVID E. KOSS BRIAN R. DURANT GILBERT R. GHEARING DEREK M. LAVAN CHRISTOPHER E. HAND SANDRA M. WANEK MATTHEW L. LEAHEY JOEL P. HARBOUR To be major CRAIG E. LEE JEFFREY T. HEYDON LAWRENCE F. LEGREE HUGH J. HUCK III EDWARD E. BRIDGES GARY LEIGH JASON M. LLOYD FRANK T. BRYANT ANTHONY J. LESPERANCE JOHN A. LOBUONO LEWIS RUBINSON OLIVER T. LEWIS STEPHEN A. MARINO RICHARD J. YOON SEAN R. LIEDMAN JOHN C. MARKOWICZ DAVID P. LITTLE MARK M. MATTHEWS IN THE NAVY KURT J. ROTHENHAUS MICHAEL R. LOCKWOOD JOHN M. STUBBLEFIELD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID A. LOTT JOSEPH M. TUITE TO THE GRADE INDICATED IN THE UNITED STATES NAVY CORD H. LUBY UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN G. MACK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALEXANDER R. MACKENZIE TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be commander JOHN J. MANN IV UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW F. PHELPS DANIEL P. MARTIN To be captain JOHN M. MAXWELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CLYDE F. MAYS, JR. MICHAEL N. ABREU TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM A. MCCONVEY JOHN W. BAILEY UNDER TITLE 10, U.S.C., SECTION 624: BRIAN J. MCCORMICK ROBERT H. CASSOL To be captain MAX G. MCCOY, JR. JEFFREY C. DALATRI STEPHEN D. MCKONE PAUL J. FILARDI JENNIFFER D. GUNDAYAO SEAN G. MCLAREN CRAIG D. GRUBB DAVID S. KEMP RICHARD J. MEADOWS MICHAEL M. HOCKER SUSANNE M. MCNINCH CHRISTOPHER A. MERWIN MATTHEW S. MCLAURIN HUI K. PAK CARL W. MEUSER JOHN H. ROUSSEAU GEORGE K. WERENSKJOLD CLAYTON W. MICHAELS CHRISTOPHER M. SCHIMENTI DONALD R. WILKINSON DAVID E. MILLER SCOTT D. TINGLE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER M. MILLS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES D. MINYARD TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: KEVIN S. MOONEY UNDER TITLE 10, U.S.C., SECTION 624: ANGELA MORALES To be captain SEAN D. MORDHORST To be captain PAUL G. MOVIZZO DAVID A. ADAMS TRENT R. DEMOSS STEPHEN F. MURPHY HENRY C. ADAMS III ROBERT B. FARMER MARK T. MURRAY JEFFREY T. ANDERSON CHARLES K. NIXON ANDREW ARNOLD THOMAS M. NEILL TODD A. BAHLAU JACK P. OLIVE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN E. BANTA DANIEL F. OLSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEPHEN D. BARNETT JOSEPH R. OLSON RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DOUGLAS J. BEAVER JUAN J. OROZCO To be captain PAUL W. BIERAUGEL MICHAEL B. PARKER CRAIG T. BOWDEN GARY J. PATENAUDE ROGER L. ACEBO THOMAS A. BRADEN RANDALL W. PECK PEYTON M. ALLEN MICHAEL D. BRATTON MIGUEL L. PEKO DAVID L. ANSELMI RICHARD D. BRAWLEY GEORGE PEREZ, JR. ALAN D. ARMSTRONG RICHARD T. BROPHY, JR. DAVID T. PETERSON JEFFREY A. BAUMGARTEN DAVID J. BRYSON ERIC V. PETERSON CLINTON D. BECK SCOTT A. BUNNAY WILLIAM D. PFEIFLE TODD H. BISANG JOHN F. BUSHEY ERIC N. PFISTER JOSEPH R. BLAYLOCK GEORGE J. BYFORD MANUEL A. PICON TERRANCE A. BRAND KEVIN M. BYRNE GARY W. PINKERTON RONALD G. BUDDE DOUGLAS W. CARPENTER WILLIAM E. POWERS GEORGE J. BYRD III ANTHONY C. CARULLO BRIAN J. QUIN PATRICK C. CAREY ROBERT B. CHADWICK II SCOTT E. RAUPP SHAWN C. CASEY STANFIELD L. CHIEN COREY W. RAY DOUGLAS A. COCHRAN MARK J. COLOMBO SCOTT F. ROBERTSON DAVID A. CROUNSE TIMOTHY A. CRONE GARY A. ROGENESS KENNETH C. CROWE JOHN J. CUMMINGS ROBERT A. RONCSKA MICHAEL W. DICKINSON BRIAN L. DAVIES MATTHEW D. ROSENBLOOM JOEY B. DODGEN STERLING W. DAWLEY MARK B. RUDESILL WILLIAM P. DONNELLY, JR. CHRISTOPHER P. DEGREGORY MICHAEL S. RUTH DANIEL H. DRUCKENMILLER ARTHUR M. DELACRUZ NICK A. SARAP, JR. DALE R. EADS JOSEPH A. J. DIGUARDO MICHAEL K. SAVAGEAUX KEVIN B. EDWARDS JEFFREY S. DODGE MICHAEL B. SAWIN NELS S. ENBERG WILLIAM C. DOSTER DAVID G. SCHAPPERT DARIN A. ENGELHART MICHAEL G. DOWLING MARK W. SCHMALL ANTHONY A. FREY KRISTY D. DOYLE MICHAEL S. SCIRETTA MICHAEL F. GILLETT ROBERT C. DUNN LANCE G. SCOTT PARKER B. GLASIER III JOHN L. ENFIELD DANIEL J. SENESKY MICHAEL W. GOCHIS HUGH P. EVERLY JEFFREY W. SINCLAIR JEFFRY T. GUMAER CHRISTOPHER P. FAILLA JOHN A. SIPES JAMES L. HAJJ JOHN W. FANCHER WALTER M. SLAUGHTER KELLY L. HANSEN MARY J. FEINBERG ANDREW F. SMITH RUSSELL A. HARGROVE EDUARDO R. FERNANDEZ SCOTT M. SMITH CHARLES T. HEBERLE IV JOSEPH F. FINN PHILIP E. SOBECK BRIAN M. HOFFMANN MICHAEL A. FISHER GERHARD A. SOMLAI WILLIAM R. IRWIN MICHAEL D. FISHER BRIAN K. SORENSON ELISABETH A. KIRKPATRICK SEAN M. FITZPATRICK TIMOTHY F. SPARKS BRADLEY S. KNOWLTON JOHN D. FREEMAN JOHN D. SPENCER WILLIAM P. KRONEN RAYMOND A. J. GABRIEL SCOTT B. STARKEY NANCY S. LACORE ROBERT M. GAUCHER RANDY C. STEARNS CRAIG P. LAWS EDWARD S. GETTINS MATTHEW P. STEVENS CHADWICK M. LICHT LAWRENCE G. GETZ III ANDREW B. STJOHN MARK H. LOKAY PAUL G. GIBERSON CHRISTOPHER J. SWEENEY JAMES LONGO DEREK B. GRANGER JOSEPH M. TURK ALAN P. MACQUOID, JR. MARKUS J. GUDMUNDSSON ERIC H. VERHAGE BRADLEY J. MAY DAVID K. GULUZIAN WILLIAM S. WALSH MOIRA E. MCCARTHY JASON R. HAEN EDWARD C. WHITE III KENNETH C. MCDONNELL LYLE D. HALL PAUL A. WHITESCARVER JOHN J. MCGINN STEVEN K. HALL JEROMY B. WILLIAMS KEVIN J. MCKEAG JEFFREY L. HAMMER NILS E. WIRSTROM VAN S. MCKENNY IV PATRICK J. HANNIFIN ERIC P. WOELPER MICHAEL J. MCMANUS RICHARD F. HAYES RICHARD S. YOUNG FERMIN S. MENDEZ EDWARD L. HEFLIN JOHN J. ZERR II MELINDA K. MICHAEL

VerDate Sep 11 2014 14:35 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 9801 E:\BR12\S10MY2.000 S10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6553 STEPHEN A. MILONE To be captain NICHOLAS M. HOMAN BRIAN P. MOYERS BRIAN L. LUKE RUTHVEN P. NELSON, JR. ROBERT W. MULAC TIMOTHY M. MAY STEPHANIE L. NORDHOFF WILLIAM K. SALVIN ALBERT M. MUSSELWHITE CHRISTOPHER B. OLAES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACK M. OMOHUNDRO TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN E. PARK RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: ERIC A. PAYNE MICHAEL G. PERKOW To be captain To be captain WILLIAM B. PETERS COLETTE E. KOKRON ALLEN L. EDMISTON JOHN M. PETIT CURTIS L. MICHEL SAMUEL F. PHILLIPS JAMES B. GINDER STEVEN J. POLLPETER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK A. GUZZO WILLIAM E. RANDALL TO THE GRADE INDICATED IN THE UNITED STATES NAVY JACQUELINE V. MCELHANNON RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES T. REID THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOUGLAS W. RHODES To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHARLES M. RICHARDSON UNDER TITLE 10, U.S.C., SECTION 624: THOMAS L. ROBERTSON TAWNYA J. RACOOSIN ERICH R. ROEDER TODD D. WHITE To be captain ROMEO A. ROSARIO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASON L. ANSLEY KURTIS R. SANBORN TO THE GRADE INDICATED IN THE UNITED STATES NAVY DUANE A. SAND RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MAUREEN FOX ANDREW A. SCHNEIDER HARUNA R. ISA CLARK A. SCHROEDER To be captain MARK C. KESTER GREGORY J. SCHUSTER MICHAEL N. OLUVIC ELISABETH S. STEPHENS CHARLES A. PRATT EDWARD B. SEGO SHERYL L. TANNAHILL SCOTT F. SINGER DALE C. RIELAGE SAMUEL E. SORGEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH R. ROBSON, JR. DAVID L. SPERRY TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW A. ROSS STEVEN P. STACY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: LOUIS T. UNREIN THEODORE V. SUMMERS To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT H. SWORDS TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT W. TAMARO DONALD W. BOSCH UNDER TITLE 10, U.S.C., SECTION 624: TONY TROUP ANN H. DUFF JAY R. VANNICE THERESA M. STICE To be captain BERTRAM W. WAGNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE A. ALLMON WILLIAM M. WALES TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM E. BINDEL LARRY D. WATKINS RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM S. WHITE CHRISTOPHER J. CARTER SALLY L. WILBUR To be captain ALAN D. DEAN JEFFREY D. WILSON BRIAN M. LEPINE DARREN E. ANDING WILLIAM E. NOEL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL S. BLACKBURN JEFFREY L. SHEETS MARK D. BRAZELTON TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY G. SPARKS RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: BRIAN A. CARPENTER SCOTT W. EDWARDS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be captain HEBERT F. FREDERICK TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT K. FULLER UNDER TITLE 10, U.S.C., SECTION 624: THOMAS F. BOLICH, JR. ANTHONY L. GILBERT JERRY M. EDWARDS SCOTT R. GOOTEE To be lieutenant commander HELEN H. FURBUSH STEVEN P. KNIGHT ERIC J. SKALSKI ANTHONY G. GIGLIO BRETT J. KORADE KENNETH W. LARUE EDWARD A. LIZAK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHNNY M. MARSHALL, JR. THOMAS A. LONG TO THE GRADE INDICATED IN THE REGULAR NAVY EUGENE H. MATTHEWS DALE W. MAXEY UNDER TITLE 10, U.S.C., SECTION 531: THOMAS R. ORR BRENT R. MCMURRY ALDEN D. PIERCE SCOTT V. NEEDLE To be lieutenant commander STEVEN A. SWIFT CHRISTIAN PERRY TED J. STEELMAN MICHAEL B. TRACY ROBERT T. RASCOLL ROBERT D. VANDERLUGT JOSEPH G. REHAK THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MICHELE R. WATSON STEVEN K. RENLY MENT TO THE GRADE INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531: DONALD R. XIQUES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain DAVID A. MOORE To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFF A. DAVIS TO THE GRADE INDICATED IN THE UNITED STATES NAVY RAYMOND I. BRUTTOMESSO BRENDA K. MALONE RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES D. COX THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID D. FERRIS, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain UNDER TITLE 10, U.S.C., SECTION 624: ROBERT A. GREEN JOHN P. AYRES JEFFREY A. ISAACSON To be captain AARON G. BRESNAHAN DENNIS W. PRATHER JOHN M. CARROLL MICHAEL J. RIGO MARK R. ASUNCION CARLOS B. DELEON MARK R. SANDS DONALD A. CRIBBS BRUCE E. FUCHS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SARAH A. DACHOS DAVID S. HUBER TO THE GRADE INDICATED IN THE UNITED STATES NAVY HIRAM S. JOHNSON KEVIN W. KRICK RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY N. KETTER ROBERT D. LYNCH ROBERT H. PALM, JR. MICHAEL S. MATIS To be captain RICHARD M. STACPOOLE MARK A. MURPHY ERIK J. STOHLMANN JAMES A. PERDUTO WILLIAM A. BAAS GREGORY P. STPIERRE ANDREW S. TROY MARK M. BAENZIGER ELIZABETH A. THOMAS CLAY L. WILD JAMES E. PUCKETT II PAULO B. VICENTE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BERNARD P. WANG DEPARTMENT OF STATE TO THE GRADE INDICATED IN THE UNITED STATES NAVY CLAY G. WILLIAMS RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: PHILIP W. YU DEBORAH RUTH MALAC, OF VIRGINIA, A CAREER MEM- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY SELOR, TO BE AMBASSADOR EXTRAORDINARY AND UNDER TITLE 10, U.S.C., SECTION 624: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THOMAS J. AMIS TO THE REPUBLIC OF LIBERIA. JOHN E. M. BROWN To be captain SUEANN K. SCHORR NATIONAL COUNCIL ON DISABILITY MARC C. ECKARDT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL J. ROTH FERNANDO TORRES-GIL, OF CALIFORNIA, TO BE A TO THE GRADE INDICATED IN THE UNITED STATES NAVY FRANK M. SCHENK, JR. MEMBER OF THE NATIONAL COUNCIL ON DISABILITY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: PETER J. SMITH FOR A TERM EXPIRING SEPTEMBER 17, 2014. (REAPPOINT- To be captain ROBERT W. WITZLEB MENT). THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEPARTMENT OF VETERANS AFFAIRS JEFFERSON W. ADAMS TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT B. SMITH UNDER TITLE 10, U.S.C., SECTION 624: THOMAS SKERIK SOWERS II, OF MISSOURI, TO BE AN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain ASSISTANT SECRETARY OF VETERANS AFFAIRS (PUBLIC TO THE GRADE INDICATED IN THE UNITED STATES NAVY AND INTERGOVERNMENTAL AFFAIRS), VICE LADDA RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM A. DODGE, JR. TAMMY DUCKWORTH.

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The House met at 9 a.m. and was ward and lead the House in the Pledge tions Services, which is the largest called to order by the Speaker. of Allegiance. commercial provider of background in- f Mr. COFFMAN of Colorado led the vestigations for the Federal Govern- Pledge of Allegiance as follows: ment. PRAYER I pledge allegiance to the Flag of the Mr. Earnshaw was chosen out of a The Chaplain, the Reverend Patrick United States of America, and to the Repub- group of nearly 2,300 full-time employ- J. Conroy, offered the following prayer: lic for which it stands, one nation under God, ees from all across the country based Loving and gracious God, we give indivisible, with liberty and justice for all. on his exceptional performance shown You thanks for giving us another day. f through production and quality Help us this day to draw closer to metrics, mentoring others, initiative ANNOUNCEMENT BY THE SPEAKER You so that, with Your Spirit and leadership, and community leadership. aware of Your presence among us, we The SPEAKER. The Chair will enter- Mr. Earnshaw, who has worked for may all face the tasks of this day. tain up to five requests for 1-minute USIS for the past 71⁄2 years, lives with Bless the Members of the people’s speeches on each side of the aisle. his wife, Colleen, in my district of House. Help them to think clearly, f North Providence, Rhode Island, where speak confidently, and act coura- they are active in several charitable geously in the belief that all noble REDUCING AMERICA’S MILITARY and nonprofit organizations. service is based upon patience, truth, FOOTPRINT AND SPENDING IN I was honored to welcome Mr. and love. EUROPE Earnshaw to my office recently and to During this week of special recogni- (Mr. COFFMAN of Colorado asked congratulate him on winning this tion, we ask Your blessing on Amer- and was given permission to address award. We all take great pride in his ica’s teachers, who give of their lives the House for 1 minute.) accomplishments today. His profes- and talents to empower young Ameri- Mr. COFFMAN of Colorado. Mr. sionalism and work ethic are a great cans with the tools to mold creative Speaker, today I am announcing my in- example of the extraordinary men and and productive lives. Bless also the tention to offer an amendment on the women of Rhode Island’s First Congres- millions of foster parents, who have Defense authorization bill to reduce sional District. generously provided homes for young our military footprint and spending in f people in need of safe and secure shel- Europe. ter. May they be assured of the appre- In January, the Pentagon announced IN TRIBUTE TO THE LIFE AND ciation of a grateful Nation. that two U.S. Army combat brigade SERVICE OF JOE LANDERS May all that is done this day be for teams would be withdrawn from Eu- (Mr. WOMACK asked and was given Your greater honor and glory. rope. I don’t think that goes far permission to address the House for 1 Amen. enough. The current proposal is only a minute.) f step in the right direction. We should Mr. WOMACK. Mr. Speaker, I rise retain only the headquarters and sup- today to remember the service of Joe THE JOURNAL port infrastructure necessary for expe- Landers, chief of police in Lowell, Ar- The SPEAKER. The Chair has exam- ditionary capabilities, and we should kansas, who died Friday morning, May ined the Journal of the last day’s pro- withdraw all four combat brigades 4, as a result of injuries suffered in a ceedings and announces to the House from Europe. hit-and-run, drunk driver accident his approval thereof. In order for the U.S. military to mod- while on vacation in Florida on April Pursuant to clause 1, rule I, the Jour- ernize and move forward towards a 27. nal stands approved. more agile strategy, we must close Chief Landers was a dedicated public Ms. JENKINS. Mr. Speaker, pursuant bases in Europe. There is no longer a servant—everything you could want in to clause 1, rule I, I demand a vote on strategic reason to maintain nearly a leader. He loved his job, his commu- agreeing to the Speaker’s approval of 80,000 troops in Europe. nity, those under his command, and the Journal. Additionally, only four of our 28 the people he served. It was evident in The SPEAKER. The question is on NATO allies are spending more than 2 the way he carried out his duties. the Speaker’s approval of the Journal. percent of their GDP on defense. The He began his law enforcement career The question was taken; and the reason they can get away with spend- with the Benton County Sheriff’s Office Speaker announced that the ayes ap- ing so little on defense is that they are before joining the Lowell Police De- peared to have it. relying on the United States to provide partment in 1995. In 1997, he was pro- Ms. JENKINS. Mr. Speaker, I object it for them. We currently spend 4.7 per- moted to chief, and in the last 15 years, to the vote on the ground that a cent of GDP on defense, but we should led his organization during a period of quorum is not present and make the have higher priorities for our defense unprecedented growth. He was respon- point of order that a quorum is not dollars these days than for the defense sible for the development of the Lowell present. of Europe. motorcycle patrol, dispatch center, K– The SPEAKER. Pursuant to clause 8, f 9 unit, and the Special Response Team. rule XX, further proceedings on this In 2005, Chief Landers performed inter- question will be postponed. USIS INVESTIGATOR OF THE YEAR national duty as a law enforcement ad- The point of no quorum is considered (Mr. CICILLINE asked and was given viser in Iraq. withdrawn. permission to address the House for 1 Mr. Speaker, our State and Nation f minute.) has lost a valued member of the law en- Mr. CICILLINE. Mr. Speaker, I rise forcement community. Tomorrow will PLEDGE OF ALLEGIANCE today to honor Tim Earnshaw, who was be a sad day when we say our final The SPEAKER. Will the gentleman recently named Investigator of the good-byes. I speak for Arkansas’ Third from Colorado (Mr. COFFMAN) come for- Year by the United States Investiga- Congressional District in expressing

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.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6555 our deepest sympathy to his family, to because the Air National Guard per- chance to enter the workforce. In fact, the city of Lowell, and to the great forms 35 percent of the flying missions many job seekers actually left the job State of Arkansas. for just 6 percent of the budget. That is fair with renewed self-confidence, hope f the best bang for the taxpayers’ buck in the fact that they had a job to go to in these very restrained budgetary the next day, and a belief that the TEACHER APPRECIATION WEEK times. American Dream still might exist for (Mr. COSTA asked and was given per- This House, Mr. Speaker, is going to them. We need to see more of this, Mr. mission to address the House for 1 do the right thing for the great Amer- Speaker. minute and to revise and extend his re- ican patriots of the Air National f marks.) Guard, and I urge my colleagues in the BARBARISM Mr. COSTA. Mr. Speaker, we honor Senate to do the same. American teachers nationwide this (Mr. HIMES asked and was given per- f week, who, day in and day out, work to mission to address the House for 1 make a future brighter for America. b 0910 minute and to revise and extend his re- We all have had at least one or more PROTECT THE AMERICAN DREAM marks.) teachers who has shaped our lives and Mr. HIMES. Mr. Speaker, I have who have believed in us. Mine was Mrs. (Mr. DEUTCH asked and was given watched saddened as this House led by Myrna Collins, who taught me in both permission to address the House for 1 the Republican majority has fought to the fourth and seventh grades back at minute.) gut those things that made and that Kearney Elementary School. This no- Mr. DEUTCH. Mr. Speaker, in Con- will make this country great. nonsense woman with a Texas drawl gress, it’s our job to help protect the I’m reading a history of the U.S. was determined that, despite the fact American Dream. We have to remain House of Representatives right now, that I could be a handful, I was going the land of opportunity where anyone and early in that history, this body— to behave and learn—and learn I did. willing to work hard and stay focused when this Nation was barely yet born— A few years back, I made an effort to can secure a brighter future. If Con- pulled together the resources to build have lunch with Mrs. Collins, and she gress fails to act, 7 million college stu- the Erie Canal, coming together to do made the comment that she knew that dents across the country will see their great things that benefited the Nation. I could be successful if I only applied student loan interest rates double to The list of those things goes on and on: myself, and she was right. Her guid- 6.8 percent. the Louisiana Purchase, public edu- ance back then showed me how much I met some of these students last cation, land grant colleges, the GI Bill. could be accomplished with hard work week at Palm Beach State College. I could go on for a very long time. and focus. Whether it’s the young man who works Today, the Republican majority says In the San Joaquin Valley and na- 85 hours a week while carrying 12 cred- to transportation and infrastructure, tionwide, teachers of America meet the it hours—the first in his family to go which are key to our businesses, they challenges in the classroom with grace to college—or the young man who de- say kill it; to medical research, kill it; and grit every day. As we recognize scribed in passion the 14-year path he to education, kill it. Mr. Speaker, that these teachers throughout our country, has embarked upon to serve out his instinct is utterly inconsistent with we thank you for what you do every dream by becoming a surgeon, their who we have always been as a country week of the school year. pursuing higher education is a path of and why we are great and powerful and God bless you, Mrs. Collins, for all opportunity. ultimately economically prosperous. It the students whose lives you’ve If we want to protect the American is not stewardship. It is not govern- touched. Thank you. Dream here in Congress, then we ance. It is barbarism. should give legislation that keeps in- f f terest rates low a fair shot. After all, SAVING THE GREAT AMERICAN that’s all America’s students are ask- NATO SUMMIT PATRIOTS OF THE AIR NA- ing for—a fair shot at the American (Mr. DOLD asked and was given per- TIONAL GUARD Dream. mission to address the House for 1 (Mrs. MILLER of Michigan asked and f minute and to revise and extend his re- was given permission to address the marks.) House for 1 minute and to revise and WORKING FOR JOBS Mr. DOLD. Mr. Speaker, today I rise extend her remarks.) (Mr. JOHNSON of Ohio asked and to call attention to the NATO summit Mrs. MILLER of Michigan. Mr. was given permission to address the that will take place next week in Chi- Speaker, it is my great honor and per- House for 1 minute and to revise and cago. sonal privilege to represent Selfridge extend his remarks.) NATO was founded with the signing Air National Guard Base, the home of Mr. JOHNSON of Ohio. Mr. Speaker, of the Washington Treaty in 1949 to the 107th Fighter Squadron, also for almost 40 months, unemployment safeguard the freedom and security of known as the Michigan Red Devils. has been at or above 8 percent. That’s all of its members. Since then, the alli- The 107th flies the A–10, and they just too high for too long. ance has been the mainstay of the recently returned from a redeployment Right now, over 88 million people are transatlantic cooperation that has to Afghanistan, where they performed not even considered in the workforce. been an important part of this Nation’s so magnificently, so bravely, and made These are people who have given up on security. us all proud. searching for a job. It’s time to restore All 27 of our NATO allies, along with The 107th was one of the units sched- economic freedom to America and put 22 non-NATO partners, have served uled to be eliminated under the Presi- Americans back to work. This will hap- shoulder to shoulder with our brave dent’s proposed budget; but, fortu- pen when Washington stops being an men and women in Afghanistan, work- nately, the House Armed Services Com- obstacle to job creation through its ing to ensure that that country never mittee will present a Defense reauthor- overtaxing, overspending, overregu- again becomes a safe haven for terror- ization bill, scheduled for a floor vote lating practices, and starts promoting ists. here next week, which reverses that an economic environment where our In Chicago, we will continue impor- and saves the 107th along with pro- job creators can do what they do best: tant discussions on the transition of tecting the Air National Guard across create jobs. security responsibility from ISAF to the entire country. Americans are ready to go to work. the Afghans. Particularly in today’s Instead, the Air Force will be re- Just this past week, I sponsored a job global economic environment, Mr. quired to do a cost analysis of the Na- fair in East Liverpool, Ohio, where Speaker, it is essential that we recog- tional Guard cuts, which is very good hundreds of Ohioans showed up for a nize the value of NATO as a proven

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6556 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 force multiplier. The alliance is work- We’re going to vote on that bill today for me and is also a source of great ing to ensure that NATO is well pre- in final passage. But that appropria- frustration for the Members who served pared for future challenges. tions process that we have control over on that committee. They had an oppor- As we welcome our friends to Chicago here in the House, that process where tunity to bring an up-or-down vote to on May 20 and 21, we affirm the vitality we reduced spending from 2010 levels both the House and the Senate floor on of this transatlantic bond and of our down to 2011 levels, down to 2012 levels, anything they came up with, Mr. continued commitment to our common and are going to go down again to 2013 Speaker. They didn’t have to get the defense. levels to be responsible stewards of tax- whole $1.2 trillion. They didn’t have to f payers’ dollars, those are only one- get $1.5 trillion. They could have got- third of the taxpayer dollars. ten $1 trillion. They could have gotten PROVIDING FOR CONSIDERATION Two-thirds of the taxpayer dollars $500 billion. They could have gotten OF H.R. 5652, SEQUESTER RE- that are spent in this town—and by $250 billion, and we would have brought PLACEMENT RECONCILIATION spent I really mean borrowed and then that to the floor for an up-or-down ACT OF 2012 spent—come on what they call manda- vote. But they got nothing. Mr. WOODALL. Mr. Speaker, by di- tory spending programs. Mr. Speaker, So where are we? Well, in the words rection of the Committee on Rules, I as you know, mandatory spending pro- of Secretary of Defense Leon Panetta, call up House Resolution 648 and ask grams are dollars that go out the door he says: for its immediate consideration. whether Congress acts or not. Appro- We are at a place where, if these cuts were The Clerk read the resolution, as fol- priation bills require Congress to act allowed to go, the impact of these cuts would lows: affirmatively, but mandatory spending be devastating to the Defense Department. H. RES. 648 goes right out the door without any I happen to share his concerns. Resolved, That upon the adoption of this oversight from this body until you get Again, these were across-the-board resolution it shall be in order to consider in to reconciliation. cuts put in place to be so intentionally the House the bill (H.R. 5652) to provide for Reconciliation is that process that crazy that Congress would never allow reconciliation pursuant to section 201 of the Democrats put in place wisely years them to occur, and it would spur the concurrent resolution on the budget for fis- and years ago to allow the House and Joint Committee to action. cal year 2013. All points of order against con- I happen to have supported an sideration of the bill are waived. An amend- the Senate to come together and begin ment in the nature of a substitute consisting to reduce, restrain, do oversight on amendment offered by CHRIS VAN HOL- of the text of Rules Committee Print 112–21 those mandatory spending dollars. This LEN of Maryland, the ranking member shall be considered as adopted. The bill, as is a rule that brings that bill to the on the Budget Committee. When we amended, shall be considered as read. All floor. were going through the Budget Com- points of order against provisions in the bill, That bill is going to be coming under mittee process last year, he offered an as amended, are waived. The previous ques- a closed rule, Mr. Speaker. We’re talk- amendment that said, dadgummit, ev- tion shall be considered as ordered on the ing about a bill that has been put to- erything’s got to be on the table, and bill, as amended, and on any further amend- that includes the Defense Department. ment thereto, to final passage without inter- gether by almost every committee of vening motion except: (1) two hours of de- jurisdiction here in this House and I agree with him. The Defense Depart- bate equally divided and controlled by the then assembled by the Budget Com- ment does need to be on the table. And chair and ranking minority member of the mittee and brought here to the floor. in fact, the Defense Department is un- Committee on the Budget; and (2) one mo- It’s been the subject of countless hear- dergoing $300 billion worth of reduc- tion to recommit with or without instruc- ings already. We looked at whether tions today. tions. we’d be able to bring a Democratic sub- This bill does nothing to change that. The SPEAKER pro tempore (Mr. stitute to the floor. None was sub- There is $300 billion being reduced from YODER). The gentleman from Georgia is mitted that complied with the rules of the Defense Department, as well it recognized for 1 hour. the House. should. It’s not easy, but it should hap- Mr. WOODALL. Mr. Speaker, for the So we have one bill on the floor pen, and it is happening. This isn’t purpose of debate only, I yield the cus- today, an up-and-down vote, on wheth- dealing with that. This is dealing with tomary 30 minutes to my friend from er or not we’re willing to engage in the even additional cuts. Again, in the Massachusetts (Mr. MCGOVERN), pend- first serious reconciliation process on words of Secretary of Defense Leon Pa- ing which I yield myself such time as I this floor—I would argue—since 1997. netta, a former Democratic Member of may consume. During consideration of Some folks might say 2003. I say 1997. this House: this resolution, all time yielded is for Why, Mr. Speaker? The impact of these cuts would be dev- the purpose of debate only. astating for the Department. b 0920 GENERAL LEAVE So we have an opportunity, Mr. Mr. WOODALL. I ask unanimous con- I’ll tell you, it’s the right thing to do Speaker, to do what, I would argue, sent that all Members have 5 legisla- anyway. It’s the right thing to do any- you and I came here to do—and not tive days to revise and extend their re- way as responsible stewards of tax- just you and I, but my colleagues on marks. payer dollars. But in this case, these the other side of the aisle—to do those The SPEAKER pro tempore. Is there aren’t reductions for the sake of reduc- things not just that happened year objection to the request of the gen- tions. These are reductions for the sake after year after year, those things that tleman from Georgia? of complying with what I would argue have 12 months of efficacy and then go There was no objection. is a very good deficit-reduction agree- away, but the things that can be set in Mr. WOODALL. Mr. Speaker, I appre- ment between the President and the permanent law to change the direction ciate you coming in early to be with us Senate and the House last August. And of spending and borrowing in this coun- early this morning. This is a big day. as a part of that agreement, we put in try. And, candidly, Mr. Speaker, it’s This is the reconciliation bill. some blanket cuts to national security, more about the borrowing than it is I serve on both the Rules Committee some blanket cuts to national defense. about the spending. and the Budget Committee, Mr. Speak- And some commentators have de- There are priorities in this country er. As you know, we’ve had some tre- scribed these cuts, Mr. Speaker, as that we need to focus on, and I would mendous successes in the appropria- being intentionally so crazy that they argue that we’ve done a great job of fo- tions process. This week, we’ve been would never happen but would be used cusing on those priorities. But when working through the Commerce-Jus- only as a tool to get the Joint Select you are borrowing 40 cents of every tice-Science bill. It’s a bill that’s re- Committee to act. dollar from your children and your duced spending to those levels that we As you know, Mr. Speaker, the Joint grandchildren, we have to redefine had in 2008, doing those things that the Select Committee did not succeed last what responsibility is because, I will voters sent us here to do. fall. It’s a source of great frustration tell you, that is irresponsible.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6557 And this bill then takes a step in two where the wealthy and well connected countless numbers of people receiving directions: one, turning back this sec- are protected and enriched, and where benefits who do not deserve them. ond round of Defense Department the middle class, the poor, and the vul- That, Mr. Speaker, is simply not true. cuts—not the first round but the sec- nerable are essentially forgotten. I It’s a common and unfortunate mis- ond round, the round that Leon Pa- have never seen anything like this. It conception that SNAP is rife with netta describes as devastating to the is outrageous. It takes my breath fraud, waste, and abuse. Many have de- Defense Department—and then setting away. cried SNAP as a handout that can be us on a path to bend that cost curve My friends won’t cut billions in sub- sold or traded for alcohol and other going forward by tackling mandatory sidies for Big Oil at a time when oil items that shouldn’t be purchased with spending programs for the first time in companies are making record profits taxpayer funds. It cannot. And to the almost a decade. and gouging Americans at the pump. extent that there is abuse, the USDA is And with that, Mr. Speaker, I urge They won’t address the inequities of cracking down on it. my colleagues to strongly support this the Tax Code, which allows billionaire SNAP is both effective and efficient. rule. Warren Buffett to pay a lower tax rate In fact, the error rate for SNAP is not I reserve the balance of my time. than his secretary. The revenues from only at an all-time low, but it has Mr. MCGOVERN. Mr. Speaker, I want fixing these two unjust policies alone among the lowest—if not the lowest— to thank the gentleman from Georgia, would result in billions and billions error rate of any Federal program. If my friend, Mr. WOODALL, for yielding and billions of dollars in deficit reduc- only we could find a program at the me the customary 30 minutes, and I tion. But the Republicans have pro- Pentagon that had such a low error yield myself such time as I may con- tected Big Oil, and they’ve protected rate. sume. the billionaires. However, my Repub- Last night we also heard about cat- Mr. Speaker, I rise in very strong op- lican friends take a meat-ax to SNAP, egorical eligibility, a process in which position to this rule. It is totally formerly known as food stamps. This is a low-income person is automatically closed, and it denies Democrats, led by a program to help poor people afford eligible for food stamps if they are al- the gentleman from Maryland (Mr. VAN food. ready enrolled in another low-income HOLLEN), the substitute. We’re not asking for dozens of My friends on the other side of the assistance program. aisle should heed the words of Presi- amendments or something that hasn’t b 0930 been done in the past with regards to dent John F. Kennedy: If a free society will not help the many Categorical eligibility—and I think reconciliation bills. All we are asking it’s important to state this because for is one vote on our substitute, one who are poor, they cannot save the few who are rich. there’s such misconception here. Cat- vote on what we believe is a better al- Mr. Speaker, we are one country. We egorical eligibility makes it easier for ternative to the Republican bill. Last poor people, those people who are al- night in the Rules Committee, every should care about one another, espe- cially those who are most vulnerable. ready approved for low-income assist- single Republican—every single one of ance programs, to receive SNAP bene- them—voted to deny Democrats that That’s not a weakness or something we fits. But it also makes it easier on the opportunity. should be ashamed of. Rather, it’s States that have to administer these Mr. Speaker, as one who does not be- something that makes us strong and lieve in arbitrary and thoughtless great. programs. This saves time and money across-the-board cuts as a way to bal- As my friends know, I have spent a and paperwork, because the people who ance our budget, I want to support Mr. lot of time and effort in Congress on are already eligible for similarly ad- ministered benefits do not have to re- VAN HOLLEN’s substitute in order to the issues of hunger, food insecurity, avoid the implementation of the Budg- and nutrition. Tens of millions of our apply for SNAP, and States do not et Control Act’s sequester. In my opin- fellow citizens don’t have enough to have to waste workers’ hours proc- ion, to allow this sequester to go into eat, and every single one of us—Demo- essing paperwork for people who are al- full effect would be bad for the coun- crats and Republicans alike—should be ready eligible based on their incomes. try. ashamed. And that’s why I am so out- Categorical eligibility does not mean We are here in this awful mess be- raged by the $36 billion in SNAP cuts. that people who don’t qualify for SNAP cause a so-called supercommittee This notion that SNAP promotes a get those benefits. To the contrary, failed to reach agreement last fall on a culture of dependency, that SNAP is a people still have to qualify for the pro- comprehensive and balanced deficit-re- golden ticket to prosperity is just gram to receive food. Any claim that duction plan due in very large part to wrong. Some on the Republican side this is a fraudulent practice or that it the absolute refusal of Republicans to have even claimed that SNAP enslaves is rife with abuse is just another false- put revenues on the table. Bowles- Americans. Give me a break. In fact, hood and smear against one of the Simpson, Rivlin-Domenici, and the even in 2010, when unemployment was most efficient Federal programs. Gang of Six all had deficit-reduction close to 10 percent and jobs were The demonization of SNAP and other proposals that sought to be balanced scarce, the majority of SNAP house- food and nutrition programs by my Re- with both spending cuts and revenues. holds with a nondisabled working-age publican friends must come to an end. They sought to be fair. They realized adult were working households—work- We have an obligation in this country that you cannot solve our long-term ing households. to provide a circle of protection for the fiscal problems by slashing and burning Working families are trying to earn most vulnerable. the last century of social progress in more. No one wakes up in the morning Cutting $36 billion means that more America. dreaming to be on SNAP, but these are than 22 million households will see a But, today, my Republican friends tough economic times. Some people cut in their benefit. This means 22 mil- have brought to the floor a reconcili- have no choice. But we know that lion families will have less food tomor- ation bill that actually makes seques- SNAP enrollment and spending on row than they do today. In fact, 2 mil- tration look good. What’s going on SNAP will go down as the economy im- lion people would be cut from the here is very simple—very troubling, proves, as families see their incomes SNAP program altogether. Another but very simple. They are protecting rise and no longer need SNAP to feed 280,000 kids will lose access to free the massive Pentagon budget and de- their families. Don’t take my word for school meals. manding no accountability by exempt- it. This is directly from the Congres- My friends on the other side of the ing it from sequestration and finding sional Budget Office. aisle don’t like to hear this, but some- even deeper cuts in programs that ben- Of course, last night in the Rules times the truth hurts. If this bill before efit the people of this country. Committee, we heard the tired line us becomes law, it will take food out of The bill before us would create a gov- that there’s a lot of abuse in the SNAP the mouths of children in America, all ernment where there is no conscience, program. We heard that there are in the name of protecting tax cuts for

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6558 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 the wealthy and increased Pentagon We should reject this closed rule and fense, would do real damage to our se- spending. The Republican reconcili- the underlying bill, and I reserve the curity, our troops, and their families. ation bill threatens Medicare, it balance of my time. I would say to my friend: How does it threatens children’s programs, it Mr. WOODALL. I yield myself such advantage us to make this a Repub- threatens educational programs, as time as I may consume. lican-Democratic issue when the well as programs that support our in- I say to my friend, as the Republican Democratic chairman of the House frastructure. In short, if this were to be Budget chairman said to him yester- Budget Committee, Leon Panetta, says adopted as law, it would threaten our day, I appreciate his passion on this allowing these cuts to go forward economy as a whole. issue. What brings us to the very best would be dangerous to our defense, to And the bill not only protects the decisions that we can make in this our national security, to our troops, Pentagon budget, it increases it by bil- body, Mr. Speaker, is having folks who and to our families? How does it advan- lions of dollars. Does anyone here hon- work hard day in and day out edu- tage us to make this a Republican- estly believe there’s not a single dollar cating themselves on the issues. They Democratic issue when President Clin- to be saved anywhere in the Pentagon? can bring the very best case for the ton’s OMB Director, Leon Panetta, If you do, you’re not reading the news- American people to the floor. says this would be dangerous across- papers. It’s there in front of us every And that’s why I would ask my friend the-board defense cuts that would do single day, the abuse that goes on. No- whether or not he believes it actually real damage to our security, our bid defense contractors. I can go on and helps that debate to get involved in troops, and our families? How does it on and on. some of those rhetorical feats of mind, advantage us to make this a partisan We have, and will continue to have, I guess we would call them, because he issue when President Clinton’s Chief of the strongest military on the face of knows as well as I know that under the Staff, Leon Panetta, former OMB Di- the Earth. But at some point national law of the land, in 2002, food stamp ben- rector, former Democratic Budget security must mean more than throw- efits, SNAP benefits, would have gone Committee chairman, says: I believe ing billions of dollars at unnecessary up by about 40 percent over the last 10 allowing these cuts to go forward nuclear weapons or at pie-in-the sky years, and Republicans and Democrats would do real damage to our security, Star Wars programs that will never ac- came together over the last decade and to our troops, and to our families? tually materialize. increased those benefits 270 percent, Do we have real choices to make? We But national security has to mean Mr. Speaker. do. taking care of our own people. It means Now, this proposal suggests that in- Mr. VAN HOLLEN. Will the gen- educating our children. It means an in- stead of going up 270 percent, we allow tleman yield? frastructure that isn’t crumbling those benefits to go up 260 percent. Mr. WOODALL. I would be happy to around us. It means clean air and clean That’s the draconian cut. yield to my friend from Maryland. water and a health care system that We see that in the same rhetoric in Mr. VAN HOLLEN. Thank you. works. Those should be our priorities. the student loan program, Mr. Speaker. The Democrats have a substitute But sadly, those are not the priorities Everyone in this body knows the law of amendment that would replace the se- in the bill before us today. the land was that student loan rates quester in a different way. It would Of course, Senator REID says the bill were at 6.8 percent—a below-market prevent the across-the-board cuts from is dead in the water in the Senate. At rate of 6.8 percent. They were lowered happening to defense and the non-de- a press conference yesterday, the Sen- for a very small fraction of the student fense programs. So there’s an agree- ate Majority Leader said: population for a very temporary period ment that that meat-ax approach is As long as Republicans refuse to consider a of time to 3.4 percent, and the law now the wrong way. We have an alternative. more reasonable approach, one that asks hasn’t gone back to 6.8 percent, to The gentleman just talked about how every American to pay his fair share while standard levels. But folks want to talk we have this great debate of ideas on making difficult choices to reduce spending, about that as a doubling instead of a the floor of the House. I have a very the sequester is the only path forward. returning to common law. simple question: Why are we not going That’s a pretty clear statement that And more importantly, Mr. Speaker, to get an up-or-down vote on our idea the Senate will not consider this bill. to continue to suggest, as he knows is on how we would replace the sequester Quite frankly, it’s the right thing to not the case, that Republicans are un- in a balanced way? do. willing to focus on the Defense Depart- Mr. WOODALL. Reclaiming my time, A reasonable approach is what the ment, let me say it plainly. I believe I thank the gentleman both for his American people want. Yes, they want there is waste and fraud and abuse in comments and for his offering of that us to get our fiscal house in order. the Defense Department, and I stand substitute. They want us to reduce the deficit in a here willing to work with you to eradi- The reason is threefold: fair way so that the wealthiest among cate it all. I supported Ranking Mem- Number one, that substitute doesn’t us pay their fair share. But mostly the ber VAN HOLLEN’s amendment to put comply with the rules of the House. We American people want jobs, something Defense on the table. The budget that made a decision in this body that we the House Republican leadership con- this House passed—the only budget were going to not continue to ask for tinues to ignore. that’s passed in all of Washington, more and more and more out of tax- The American people know that the D.C.—reduced defense spending by $300 payers’ pockets but that we were going best way to bring this deficit down is billion in recognition of exactly that. to try to do our own business here in through job creation. They want the And, Mr. Speaker, again, the rhetoric terms of oversight on all the money economy to improve. They want their just gets a little overheated from time that’s already being borrowed and lives to get better. This bill does not do to time, and, candidly, I think it gets spent and sent out the door. that. in the way of us doing the people’s 0940 Mr. Speaker, let me conclude by business. When I say to you that Sec- b quoting President Dwight Eisenhower retary of Defense Leon Panetta, on Au- Number two, that happened to be the in a speech he made in 1953: gust 4, 2011, said: rules that we adopted in this Congress, Every gun that is made, every warship If these defense cuts happen—and Mr. Speaker, but under the rules adopt- launched, every rocket fired, signifies in the God willing that will not be the case, ed in the last Congress in which you final sense a theft from those who hunger but if it did happen—it would result in were the Budget chairman, you know and are not fed, those who are cold and are a further round—because we’ve already your substitute would also not have not clothed. cut once; in fact, already cut twice—a been in order under the PAYGO rules I’m afraid, Mr. Speaker, that Presi- further round of very dangerous across- that you instituted. Again, not a Re- dent Eisenhower wouldn’t recognize to- the-board defense cuts that I believe, publican or Democratic issue. Under a day’s Republican Party. says Leon Panetta, Secretary of De- Republican House, the substitute is not

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6559 in order. And under a Democratic served the right of the minority, Mr. who are struggling most in our country House, the substitute is not in order. Speaker. continue to have access to food and nu- But, number 3, and, I would argue, And with that, I reserve the balance trition, and that children in our coun- most importantly, I say to my friend, of my time. try continue to have access to health we’ve got a trust deficit with the Mr. MCGOVERN. Mr. Speaker, I yield care. And that’s what this debate is all American people, and it doesn’t sur- myself such time as I may consume about, because we do have an alter- prise me. When we talk about the 5- just to reemphasize the point that Mr. native. year impact of the reconciliation plan VAN HOLLEN made. There is no disagreement on two that we passed out of our Budget Com- You know, the Rules Committee has things: Number one, we need to reduce mittee and I hope that this House will the right to be able to waive the rules our deficit in this country in a credible pass today, we’re talking about a net to bring any piece of legislation to the way; number two, the meat-ax ap- effect on debt reduction, the process floor. And as Mr. VAN HOLLEN rightly proach of the sequester is not a smart for which reconciliation was created, of pointed out, in the report on this rule, way to do it. $65 billion over 5 years. Over the next 5 the Republicans waive, implement So how should we go about reducing years, $65 billion is not going to have waivers because their proposal, with- our deficit? Well, we propose to do it in to be borrowed from our children and out these waivers, would violate the the same balanced way that every bi- our grandchildren. Under the gentle- rules. partisan commission that has looked man’s substitute, over that same pe- And so, you know, my friend talks at this issue has recommended— riod of time, spending is actually going about that this shouldn’t be a partisan through a combination of difficult to go up by almost $37 billion. This is discussion. I would just say to my cuts. And I would remind everybody a process that is designed to reduce friend, the reason that this is a par- that just last August we cut a trillion borrowing and spending, to reduce the tisan discussion is because the Repub- dollars through a combination of cuts burden we are placing on our children, licans have made it such by denying us as well as cuts to tax breaks for special and the gentleman’s substitute in- the right to come to the floor and offer interests and by asking the wealthiest creases the burden that we place on our our substitute, not as a procedural people in this country, people who are children. matter, but as a real substitute. You making $1 million a year, to contribute Mr. VAN HOLLEN. Will the gen- have politicized this debate. You have a little bit more toward deficit reduc- tleman yield? shut us out, and that is why there is tion. Mr. WOODALL. I would be happy to frustration. Mr. WOODALL. Will my friend yield? yield. And I just want to say one other Mr. VAN HOLLEN. I will yield very Mr. VAN HOLLEN. I don’t want to thing again because I am so sick and briefly, yes. take up all your time, but I would like tired of the demonization of programs Mr. WOODALL. I have a very brief to make the point that what our sub- that benefit poor people in this coun- question. stitute does is, dollar for dollar, re- try, especially the SNAP program. My understanding of your substitute place the sequester, which is what our My friend was talking about all of is that it raises $3 in taxes for every $1 Republican colleagues have said is the this money that we invested in SNAP in spending cuts. Could you tell me object of this effort, which is to make as if somehow we were giving these which bipartisan commissions have sure that we don’t have the meat-ax very generous benefits out. Just for the represented that, have also agreed that approach. record, in 2002, the average SNAP ben- $3 to $1 is the right combination? I would just note that the gentleman efit was $1 per meal per day per per- Mr. VAN HOLLEN. Absolutely. I’m said that one of the reasons that we’re son—$1. With all of the improvements glad the gentleman asked the question. not going to have an opportunity to we have made, today it is about $1.50 Simpson-Bowles, Rivlin-Domenici, vote on ours is because it doesn’t com- per meal per day; and it is going to go they proposed an approach which was ply exactly with the rules. In bringing down next year because of cutbacks about $3 in cuts to $1 in revenue, de- the Republican bill to the floor today, we’ve already made in this program, pending on the accounting rules. We’ve I’m reading right here on the report, unfortunately, to offset other things already enacted $1 trillion in cuts, 100 the committee report, you waived over the past few years. That means in percent in cuts. You voted for that; I three rules. You waived three rules, a 10-year period that we have increased voted for that, 100 percent cuts. and yet you can’t allow an up-or-down this benefit by 50 cents per meal. Now, What this does is, for the next 1 year, vote on a substitute amendment. You I don’t know about my friend, but $1.50 we do another $30 billion in cuts—a lit- know that you have it within the doesn’t go very far today. tle over that, actually—and then we power to allow our substitute, just as So when we’re talking about trying get about $80 billion through closing you waived these three rules. to help people get through this eco- loopholes. Mr. WOODALL. Reclaiming my time, nomic crisis, that’s what we’re talking For example, we say that the big oil I would say to my friend, what we have about. So this is not some extravagant, companies don’t need taxpayer sub- within our power is the power to stop overly generous benefit. That’s what it sidies to encourage them to go drill. the borrowing and the spending. I’m is. That’s what it is. And rather than They’ve already testified, their chief reading here from today’s Congres- cutting waste in the Pentagon budget, executives, they don’t need that. sional Quarterly, because folks some- which we all know exists, you protect They’re making plenty right now. We times get confused, Mr. Speaker. We the Pentagon budget. Rather than also say that millionaires should pay talked about the Reading Clerk and the going after subsidies for oil companies the same effective tax rate as the peo- tough work they had yesterday, read- and going after billionaire tax breaks, ple who work for them. ing today from Congressional Quar- you protect all of that. And where do And if you take that approach, frank- terly, it says here that Democrats left you go to find the savings? From pro- ly, with the trillion dollars in cuts open the possibility that they would grams that help the poorest of the we’ve already made, we are still cut- offer an alternative proposal through a poor. I mean, it’s outrageous. ting a lot more than the bipartisan motion to recommit, which is allowed Mr. Speaker, at this point I would groups recommended compared to the under the rule. My friend on the Rules like to yield 3 minutes to the gen- revenue. So our ratio of cuts to rev- Committee knows that to be true. My tleman from Maryland (Mr. VAN HOL- enue is much higher because those bi- friend on the Budget Committee knows LEN), the ranking member of the Budg- partisan groups, they recommended that to be true. et Committee. that trillion dollars in cuts, and we I look forward to your using that op- Mr. VAN HOLLEN. Mr. Speaker, I adopted that on a bipartisan basis. portunity to bring your substitute to thank my colleague from Massachu- What they are not doing, what you’re the floor for a vote. I think that is the setts, and thank him for his leadership not doing, is taking the other part of right of the minority. I’m glad we pre- on efforts to ensure that those families their recommendation, frankly, which

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6560 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 is to say let’s close some of these out- duce spending by $65 billion over 5 the gentlewoman from Connecticut rageous tax loopholes for the purpose years and your proposal for budget re- (Ms. DELAURO). of deficit reduction. And because 98 duction is to spend an additional $35 Ms. DELAURO. Mr. Speaker, I rise in percent of our House Republican col- billion over those same 5 years, we dis- strong opposition to this bill, which leagues have signed this pledge saying agree on what balance is. We are mov- chooses to slash programs that help that they won’t take one penny of—— ing in the wrong direction under your struggling families get back on their The SPEAKER pro tempore. The proposal, right direction under our pro- feet without closing a single tax loop- time of the gentleman has expired. posal. I’m very proud of our proposal, hole or eliminating a single special in- Mr. MCGOVERN. I yield an addi- proud to serve on the committee with terest subsidy. tional 2 minutes to the gentleman. my friend. Our budget should reflect our values Mr. VAN HOLLEN. You won’t ask With that, Mr. Speaker, I yield 3 and, as many in the faith community one penny more for people making over minutes to the gentlelady from Michi- have argued, it should advance the $1 million a year to help reduce our gan (Mrs. MILLER). moral responsibilities of the Nation to deficit, not one penny. And the math is Mrs. MILLER of Michigan. I thank provide for the common good. I note pretty simple after that; because you the gentleman for yielding, and I rise that the Catholic Bishops just sent a ask nothing of them, your budget to support the rule. letter concluding that ‘‘the proposed whacks everyone else. That’s why your Mr. Speaker, I am very proud to rep- cuts to programs in the Republican budget ends the Medicare guarantee; resent Selfridge Air National Guard budget reconciliation fail this basic that’s why you cut $800 billion out of Base, which is home to the Michigan moral test.’’ I’m pleased that the Medicaid; and that’s why, in your se- Red Devils, the 107th Fighter Squad- bishops are speaking out, as they quester proposal here, you whack pro- ron. should. grams that help the most vulnerable, The 107th, Mr. Speaker, flies A–10s, Forty percent of the total cuts here struggling families. and they recently returned from a re- come from cutting assistance to low- Let’s talk about what the non- deployment to Afghanistan where they and moderate-income families, includ- partisan Congressional Budget Office performed so bravely and made us all ing food stamps, Medicaid, the Chil- said your proposal would do: 22 million proud. The 107th was one of the Air dren’s Health Insurance Program, and households with children would see Guard units scheduled to be eliminated social services for vulnerable children their food and nutrition support cut under the President’s budget proposal, and elderly and disabled people. But in- under the SNAP reductions; 300,000 but fortunately the House Armed Serv- stead of eliminating big agricultural kids will no longer get the school lunch ices Committee will present a Defense subsidies where people don’t have to program; 300,000 kids will lose their reauthorization bill next week which plant a seed and they get paid, this health coverage under the children’s reverses that and saves the 107th, along budget would cause more than 200,000 health insurance program. Those are with protecting the Air National Guard children to lose their school lunch and the decisions you have to make be- actually across the entire country. would cut the food stamp program by cause you don’t want to ask the oil This House is going to do the right $36 billion. That means 46 million companies to give up their taxpayer thing for the great American patriots Americans, one-half of whom are chil- subsidy. of the Air National Guard by dren, would see their benefits cut, and We say the American people would prioritizing spending within our budg- 2 million Americans would lose them make a different choice. We have that et, not by spending more money. So I entirely. This, at a time when one in different choice in the substitute would certainly urge our colleagues in seven seniors faces the threat of hun- amendment. That substitute amend- the Senate to join us. ger and one in five children right here ment would prevent those cuts to the Mr. Speaker, we need to remember in America—a land of plenty—face a Defense Department. It would prevent that the cuts that caused the Obama similar risk. They are going to bed cuts to NIH and biomedical research. administration to target the Air Guard hungry in the United States of Amer- But it would prevent those cuts with- were before the sequester. If the se- ica. We know the impact of hunger and out whacking seniors and children’s quester is allowed to go into effect, the malnutrition: lower performances at health programs. It would do it in a impact on the community that I rep- school, poor growth, and an immune balanced way. resent, for example, would be immense, system less able to fend off illness. We say we don’t need the direct pay- and the defense corridor we are build- Instead of ending subsidies to big oil ments to agricultural businesses. These ing as a part of our economic revital- companies, this budget eliminates the are payments that go to ag businesses ization would be stopped, really, dead Social Services Block Grant, which whether they’re making money or not. in its tracks. Not only would the Na- provides childcare assistance to low-in- The spigot is on. We cut those; you tional Guard again be put at risk of come working mothers, addresses child don’t in your proposal that’s before us massive new cuts, but military con- abuse, and provides care for the elderly today. Why not? Instead, you cut the tracting across the board would be and disabled. About 23 million people, food and nutrition programs. faced with additional cuts. In Macomb half of them children, would lose serv- So we think the right approach is the County alone—the county that I’m ices. balanced approach that every bipar- proud to represent as part of my con- Instead of ending tax breaks that tisan group that has gotten together gressional district—this would mean allow corporations to ship jobs over- has recommended. $200 million in additional cuts, Mr. seas, this budget cuts Medicaid, slashes Speaker, and obviously would cost the Children’s Health Insurance Pro- b 0950 countless jobs in the defense-related gram, and forces 350,000 Americans to Because 98 percent of our Republican corridor. forego health care coverage provided colleagues have signed this pledge say- This House has taken steps to stop by the health care reform. ing they’re not going to ask the folks the devastation of our Air National Instead of asking millionaires to pay at the very top to put in one penny, Guard and now is taking steps to stop the same tax rates as middle class fam- one dime more, you’re smacking every- the devastation of our defense base and ilies, this budget makes children who body else. We don’t think that’s the needless loss of jobs with commonsense are U.S. citizens but have immigrant right way to go. We agree we should re- reforms. So I would urge all of my col- parents ineligible for the child tax duce the deficit. And we eliminate the leagues to join me in supporting rec- credit, harming 2 million families and sequester, but just in a different way. onciliation today, and the Defense re- 4.5 million children who are United Mr. WOODALL. Mr. Speaker, I yield authorization bill that’s coming to the States citizens. They end the Medicare myself 30 seconds to say we just dis- floor next week. guarantee for seniors in this Nation. agree on what balance is. When our Mr. MCGOVERN. Mr. Speaker, at this These cuts have a catastrophic effect proposal for budget reduction is to re- time I’m proud to yield 5 minutes to on the most vulnerable in our Nation,

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and for what? All to protect special in- ghanistan in an orderly way and save Mr. MCGOVERN. Mr. Speaker, I yield terest subsidies and tax breaks for the the money. Let us cut the subsidies for myself 30 seconds to respond to the richest members of our society. My those who are sending the jobs over- gentleman. friends, it’s $150,000 for the average seas. First of all, no one here on our side is millionaire in a tax cut. That’s what Mr. WOODALL. Reclaiming my time arguing that sequestration should go we’re talking about in this piece of leg- from my colleague, and I very much into effect. We don’t think that’s good islation. It is wrong. Budgets are about appreciate her passion—if I can get reg- for our country, but we think that the choices, about values. And this bill ex- ular order, please, Mr. Speaker. Republican reconciliation bill is even poses exactly what this majority is all The SPEAKER pro tempore. The gen- worse for our country because of the about. tlewoman from Connecticut will sus- cuts in so many programs that actu- We need to pass legislation that pend. ally help our people. strengthens and rebuilds the middle The gentleman from Georgia has the There’s no balance in there. The gen- class of this country, creates jobs, in- time. tleman can say I’m all for balance. vests in rebuilding our infrastructure, Mr. WOODALL. I thank the Speaker There’s none in your reconciliation supports manufacturers, and restores for his help there. I’m sorry that I bill. It’s all cuts to programs that actu- fairness to our Tax Code. This reverse needed it, but I appreciate him offering ally help the people of this country. Robin Hood agenda of the House major- it. And, finally, I’d just say we have an ity fails in every single regard, and I You know, we passed a budget in this alternative to sequestration. Mr. VAN urge my colleagues to oppose it. House, a comprehensive budget in this HOLLEN brought that before the Rules Mr. WOODALL. Mr. Speaker, you House. And to hear my colleagues talk, Committee last night. The Rules Com- know, when I hear my colleagues talk, you’d think this is the only bill we’re mittee Republicans, every single one of it sounds as if we have a choice about going to pass for the rest of the year. them, voted ‘‘no.’’ doing one thing or another thing. I will To hear my colleagues talk, you’d Mr. Speaker, at this time I’d like to say to my colleagues, when you’re bor- think we’re not going to bring the farm yield 2 minutes to the gentleman from rowing $1.4 trillion a year from your bill to the floor and go after ag sub- California (Mr. GARAMENDI). children—— sidies. To hear my colleagues talk, Mr. GARAMENDI. I think I’ll let this Ms. DELAURO. Will the gentleman you’d think we’re not going to bring a thing cool down a little bit. yield? tax bill to the floor and try to raise But the gentleman on the other side Mr. WOODALL. Just a moment. I’d revenues in this country. To hear my of this debate is quite wrong. There’s be happy to yield to my friend. colleagues talk, this is it. no balance in this particular bill at all. When you’re borrowing $1.4 trillion a This isn’t it. This is the bill that re- There is no balance. year from your children, when you’re sponds to the Chairman of the Joint The cuts are devastating. Meals on mortgaging the future of this country, Chiefs of Staff, General Martin Wheels for seniors, Medicare programs, it’s not a choice of either spending cuts Dempsey, who said in February of this Medicaid programs for seniors. And if or revenue changes; we’ve got to have year about the cuts that we’re trying you take a look at the rest of the both. We’ve got to have both. And to to prevent today: issues, school lunch programs, kids are describe it to the American people as if I will tell you that I am prepared to say going to go hungry. There’s no balance. we can do one or the other and get our- that sequestration will pose an unacceptable There is no tax proposal in this. risk. selves out of this mess, we cannot. We There’s no balance at all. absolutely cannot. It takes both. b 1000 But the reason I rise today is to add I would ask my friends—and with That’s what we’re here to talk about one more problem that’s not being this, I’d be happy to yield to my col- today: How do we mitigate the unac- solved by this reconciliation. The Na- league—when this House brought to ceptable risk? How do we mitigate tional Flood Insurance bill was folded the floor a tax cut bill that gave every against the challenges that former in to this reconciliation, and it has a Member of Congress a tax cut at the Democratic Budget Committee chair- gaping hole. The Corps of Engineers end of 2011 that said we only have to man, former Clinton OMB Director, has gone through the Nation’s levees pay 4 percent of payroll taxes that we former Clinton Chief of Staff, current and downgraded those levees, creating owe, instead of 6 percent of payroll Secretary of Defense Leon Panetta an enormous problem for agriculture taxes that we owe, I voted ‘‘no.’’ I said says threaten our national security? throughout this Nation, and certainly there’s not a Member in this body that And, again, we’re going to have a in California, where many of the levees needs a tax cut. I said we have too big choice, Mr. Speaker. We’ve brought a have been downgraded. It’s now impos- a problem in this Nation to give tax very powerful program, a very powerful sible for farmers and the agricultural cuts to Members of Congress. I voted proposal to the floor today, a very pow- community to obtain loans to continue ‘‘no.’’ Did anybody else vote ‘‘no’’ with erful proposal. For the first time in to produce and to enhance their agri- me? Did anybody else vote ‘‘no’’ with over a decade, we’re trying to get a cultural production. me? handle on that out-of-control portion This amendment, which I had hoped I will not be lectured about how it is of spending in this budget. Just a little could be put into the bill but was not that tax cuts are distributed in this bit, Mr. Speaker. Just a little bit. allowed by the Rules Committee, would country when we have opportunities to And, again, we just have a different simply require an immediate study by cut them on this floor, to eliminate idea of what balance is. We have a dif- the Department of Agriculture and the them on this floor, and my colleagues ferent idea of what deficit reduction is. Federal Emergency Management Agen- continue to vote ‘‘yes.’’ We could have My idea of deficit reduction is over the cy to undertake a study on the impact added a provision that eliminated next 5 years we reduce the deficit. of the downgrading of the levees and those tax cuts for the rich. We did not, My colleagues’ idea of deficit reduc- the resultant inability to get national and we should have. tion is over the next 5 years we spend flood insurance, and the impact that With that, I’d be happy to yield to an additional $40 billion above and be- that has on the agricultural commu- my friend. yond what we were going to borrow and nities, keeping in mind that agri- Ms. DELAURO. I thank the gen- spend anyway. It’s a legitimate dif- culture, in a flood zone, is one of the tleman for yielding. ference of opinion. I’m glad we’re very best ways to reduce the risk. The fact of the matter is that there bringing this rule to the floor, Mr. I would hope that the majority would are choices, and the majority refuses to Speaker, so that we can have a vote on consider, as this thing moves along, to make those choices. that opinion. I look forward to the de- fold into the National Flood Insurance Let’s not provide the tax cuts for bate on the underlying bill. Program an opportunity for the Farm people who are making over $250,000 in With that, I reserve the balance of Flood Program that I’ve introduced, this Nation. Let us pull back from Af- my time. which would allow farmers to obtain

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I talked to and why don’t we just limit it to those disingenuous. the gentleman whose seat I took the people who qualify for it. Mr. MCGOVERN. Will the gentleman other day. I said, John, you know, Mr. GARAMENDI. Will the gen- yield? when you were up here as a Congress- tleman yield? Mr. WOODALL. I would be happy to man, you made it look fun. Folks were Mr. WOODALL. I’d be happy to yield let the gentleman have his own time, always saying thank you, thank you, to my friend from California. Mr. Speaker, because I reserve the bal- thank you for all the spending that was Mr. GARAMENDI. I thank you for ance of my time. going on here. I said, I don’t get to the courtesy of yielding. The SPEAKER pro tempore. Just by make any fun decisions. The fact of the matter is that 1.8 mil- way of time update, the gentleman When you’ve increased the public lion people will not be able to get the from Georgia has 6 minutes remaining. debt in this country by 50 percent over supplemental food that they get from The gentleman from Massachusetts has the last 4 years, you’re all out of give- food stamps. They’re going to be hun- 61⁄2 minutes remaining. away decisions. All we have now are gry. That’s a fact. Mr. MCGOVERN. I yield myself 30 tough decisions. That’s all we have. Now, the rest of the fact is the appli- seconds, Mr. Speaker. And, again, I know that my friend cation process has been supported by The gentleman is wrong. He’s just from Massachusetts speaks with pas- the Federal Government and by the wrong when he talks about the abuse of sion and conviction. His advocacy for legislation so that the States can reach the SNAP program, that people are the neediest among us is an inspiration out to those people that are hungry somehow getting benefits that they’re on the floor and in committee and on and that are able to qualify for food not entitled to. And the demagoguery and on, and I don’t fault him for that a stamps. That’s gone in this bill. So the that’s going on with regard to categor- bit. ability to reach out and to bring into ical eligibility is just inexcusable. That But I would say to my friend, had we those programs—— actually cuts paperwork and bureauc- not given that payroll tax cut to Mem- Mr. WOODALL. Reclaiming my time racy at a State level, and it helps peo- bers of Congress, we could have pro- from my friend, I would say reaching ple who are eligible to get the benefits. vided that food stamp increase that out and bringing folks into the pro- I’d also say to the gentleman, he gets you discussed earlier to an additional 2 gram who do not qualify for the pro- up on the floor and talks about this million individuals in this country, an gram. The rules for the program are payroll tax cut for Members of Con- additional 2 million individuals in this clear, Mr. Speaker. If you qualify for gress. That was a payroll tax cut for country had we foregone that tax in- food stamps, I am the first one who everybody. crease right here. But we didn’t. We wants you to have it. If you qualify for b 1010 chose just to go along with the pro- the SNAP program, under SNAP pro- Now, if you wanted to exempt Mem- gram and cut away, spend away. We gram rules, you should get food bers of Congress, that would be minus- can’t do that. We’ve got to stop that. stamps. cule. That would do nothing to provide And I would say to my friend, be- Mr. MCGOVERN. Will the gentleman any benefit to anyone. cause it’s hard, I have the same fami- yield? I reserve the balance of my time. lies struggling in my district that you Mr. WOODALL. I’ll be happy to yield Mr. WOODALL. Mr. Speaker, I would do. In fact, our foreclosure rate in my to my friend. say to my friend that I wish he would district is higher than it is in your dis- Mr. MCGOVERN. Just so the gen- show me the code sections here that go trict. Our number of folks who are tleman understands, the General Ac- into the SNAP program, the codes that going homeless in Georgia as a result countability Office says the error rate say, under the SNAP program, the in- of foreclosures, higher than it is in in the SNAP program is less than 3 per- come criteria that we had yesterday is Massachusetts. cent. What is he talking about when changing, and so folks aren’t going to But when you talk about the addi- people are getting benefits that they get those benefits tomorrow. That’s tional 1.8 million folks, 1.8 million don’t deserve? I’d like to know the not here. All this bill does is to say you folks, Mr. Speaker, according to the numbers of that. How much? need to apply, and you need to earn CBO, who are going to lose their food Mr. WOODALL. This is important, those benefits on your own merits. stamp benefits under this bill, there’s Mr. Speaker, and I hope folks are pay- When the gentleman talks about pa- no question about that. ing attention back in their offices. The perwork, he knows good and well the But here’s the thing, Mr. Speaker, gentleman is talking about the error CBO took that into consideration. and this is important. This bill doesn’t rate, the error rate, folks who have When the CBO says 1.8 million families cut anybody from food stamps. This mistakenly gotten food stamps because are no longer going to qualify, it means bill says the only people who can get in the application process they got the some folks are going to get thrown off food stamps are people who apply and application process wrong. They of categorical eligibility because that qualify for food stamps. Hear that, Mr. shouldn’t have qualified but they have is the gaming of the system. They’re Speaker. given them away anyway. going to go back in, and they’re going The CBO tells us, and my friend from What the CBO says is something en- to apply for benefits, and they’re going Massachusetts quotes, that 1.8 million tirely different. What the CBO says is to get them, but 1.8 million are going people are going to lose food stamp that 1.8 million American families, if to go back in and apply and get denied benefits. But the only change this bill they walked into the office today and because they don’t qualify for benefits. makes is that you actually have to applied for food stamps today, would Mr. Speaker, if we need to change the apply for the benefits to get the bene- not qualify for food stamps. It’s not an eligibility criteria, if we have folks in fits. So that means 1.8 million people error. It’s not a mistake. It’s that the need who can’t qualify, let’s change the in this country are receiving food rules of the game have been changed to eligibility criteria. But in the name of stamp benefits who would not qualify say we just want everybody, we just good government, when we’re going for food stamp benefits if they had to want everybody to have a part in the into programs and saying we have rules go and apply. program. of the game—we just want people to Mr. Speaker, that is not mean-spir- When the gentleman says it’s a pa- have to follow them—to somehow de- ited. If you want to change the food perwork nightmare for States, I happen fine that as being mean-spirited, it stamp rules, if you want to make it a to agree with the gentleman. There’s a galls me.

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There are savings the backs of the most vulnerable in anced approach: we cut spending, but to be found in the Pentagon’s budget, this country, on the poorest of the there are also some revenues to be and we ought to go after that. We poor. raised. ought to make sure that Donald Trump The gentleman talks about the CBO. At a time in our country when we pays his fair share in taxes, and we The CBO says that cutting $36 billion have a Tax Code that allows Warren ought to close these corporate tax from the SNAP program means that Buffett to pay a lower tax rate than his loopholes that allow corporations to more than 22 million households will secretary, it seems that it’s time for a get away with paying no taxes. Middle- see a cut in their benefits. It means little fairness, and that’s all we’re ask- income families can’t do that. that 22 million families will have less ing for here. That’s all we’re asking This is about fairness. That’s what food tomorrow than they do today. In for—a balanced, fair approach. We are we’re looking for—fairness and bal- fact, 2 million people would be cut prepared to make the tough choices. ance. This is a tough time. But rather from SNAP altogether. That is not my Yes, some of those tough choices mean than following the European model— making up numbers. That’s the CBO. cuts. But I’d say to the Republicans which my friends seem to love, a model That’s where I get that from. I think that some of those tough choices may of austerity and of cut, cut, cut, cut, that’s cruel and inhumane during one mean you’ll have to go back on the which is not very popular, as they’re of the worst economic crises that we’ve pledge that you signed with Grover seeing—what we’re trying to do here is faced. Norquist, that you’ll have to support to make responsible cutbacks and re- Yes, we have to balance the budget, closing tax loopholes and raising taxes sponsible investments: investing in a and we have to make tough choices, on the wealthiest individuals in this robust highway bill to put people back but why does it have to be on the backs country. to work, investing in education to of the most vulnerable? Why can’t Don- Mr. Speaker, I would at this time make sure our young people are pre- ald Trump pay a couple of more dollars like to insert in the RECORD a letter pared to compete in the 21st century in taxes? Why can’t we end the sub- from the U.S. Conference of Catholic economy, and, yes, investing in the so- sidies to Big Oil? Why can’t we make it Bishops, and I want to read one para- cial safety net and investing in pro- so that Warren Buffett pays the same graph from that letter, which is to the grams that provide a circle of protec- tax rate as his secretary? That’s all Members of Congress: tion to the poor and the most vulner- we’re saying here. The Catholic bishops of the United States able. Your reconciliation bill represents recognize the serious deficits our country There is nothing wrong with that. We your priorities. What we’re arguing is faces, and we acknowledge that Congress should be proud of the fact that we are that your priorities are wrong and bad must make difficult decisions about how to a country that cares. Let’s not give for the country. We have an alter- allocate burdens and sacrifices and balance that up. That’s a strength. It’s not a native. You won’t even let us have the resources and needs. However, deficit reduc- weakness. It’s a strength. I say to my opportunity to debate that alternative tion and fiscal responsibility efforts must colleagues that my biggest problem protect and not undermine the needs of poor on the floor. with what the Republicans are doing is and vulnerable people. The proposed cuts to that it fails that test. What it does is it I reserve the balance of my time. programs in the budget reconciliation fail Mr. WOODALL. Mr. Speaker, I would this basic moral test. The catechism of the goes after the most vulnerable in a way say to my friend from Massachusetts Catholic Church states it is the proper role that, I think, is cruel and wrong. that I am prepared to close if he has of government to ‘‘make accessible to each Mr. Speaker, I urge my colleagues to any more speakers. what is needed to lead a truly human life: vote ‘‘no’’ and to defeat the previous Mr. MCGOVERN. I’m it. food, clothing, health, work, education and question. I urge a ‘‘no’’ vote on the Mr. WOODALL. Then I reserve the culture, suitable information, the right to rule, and I yield back the balance of balance of my time. establish a family, and so on.’’ Poor and vul- my time. nerable people do not have powerful lobby- Mr. MCGOVERN. Mr. Speaker, I urge COMMITTEE ON DOMESTIC JUSTICE ists to advocate their interests, but they my colleagues to defeat the previous AND HUMAN DEVELOPMENT, have the most compelling needs. question. If we defeat the previous Washington, DC, May 8, 2012. question, I will offer an amendment to Mr. Speaker, that paragraph sums up U.S. HOUSE OF REPRESENTATIVES, this closed rule to let the House work what I feel and what so many of us feel Washington, DC. DEAR REPRESENTATIVE: As you vote on a its will and to give Mr. VAN HOLLEN’s about what my friends on the other side of the aisle are doing. Yes, we have reconciliation package for the fiscal year substitute an up-or-down vote in the 2013 budget, I would like to affirm the prin- House. It deserves more than a proce- to make tough choices, but why are al- ways the tough choices on the backs of ciple contained in the Committee Report dural vote. that the ‘‘budget starts with the proposition I ask unanimous consent, Mr. Speak- middle-income families and on the that first, Congress must do no harm.’’ In er, to insert the text of the amendment backs of the poor? this light, I urge you to ensure all policies in the RECORD, along with extraneous There are people in this country who meet the moral criteria established by the materials, immediately prior to the are hungry. We are the richest country Catholic bishops of the United States to cre- vote on the previous question. on the planet, and we have hungry peo- ate a circle of protection around programs The SPEAKER pro tempore. Is there ple here. Yet what is our response? It’s that serve poor and vulnerable people and objection to the request of the gen- not to figure out a way to help deal communities: with this terrible scourge. Our re- 1. Every budget decision should be assessed tleman from Massachusetts? by whether it protects or threatens human There was no objection. sponse—their response—is to take a life and dignity. Mr. MCGOVERN. Mr. Speaker, I meat-ax approach to SNAP, which will 2. A central moral measure of any budget think what we’re talking about here cut benefits. That’s what the CBO says, proposal is how it affects the lives and dig- today are two different visions for this that it will cut benefits and that people nity of ‘‘the least of these’’ (Matthew 25). country. The Republicans have their will have less food tomorrow than they The needs of those who are hungry and vision that is outlined in their rec- have today if this is to become law. homeless, without work or in poverty should I think that’s a horrible choice. come first. onciliation package. Mr. VAN HOLLEN, I 3. Government and other institutions have think, has adequately summarized That’s not a choice we should be dis- a shared responsibility to promote the com- what the Democratic priorities are. cussing on the floor. Yes, let’s make mon good of all, especially ordinary workers The main difference is that, in their these programs more efficient. But I’m and families who struggle to live in dignity proposal, there is no balance. It’s a going to tell you the SNAP Program is in difficult economic times.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6564 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 A just framework for future budgets can- And that’s what I hope the American Budget Committee chairman sitting not rely on disproportionate cuts in essential people take home from debates like here beside me, I’m so proud of him. services to poor persons; it requires shared these, Mr. Speaker—that there are se- Chairman PAUL RYAN, that’s a man sacrifice by all, including raising adequate revenues, eliminating unnecessary military rious challenges here and that there known around this country as a man and other spending, and addressing the long- are serious people who are here who are who is trying. term costs of health insurance and retire- trying to solve these challenges. But There are a lot of folks here who are ment programs fairly. we get wrapped around the axle in the known for blaming. There aren’t many I reiterate our strong opposition to an un- name-calling I hear, that I would argue folks who are known for trying, who fair proposal that would alter the Child Tax does nothing to feed a child and that say, I don’t care about the slings and Credit to exclude children of hard-working, does nothing to take care of a family. the arrows. America is facing crisis. immigrant families. The bishops’ conference has long supported the Child Tax Credit be- The gentleman says that we’re the And if not me, then who? cause it is pro-work, pro-family, and one of richest Nation in the world. I would We got that in the House-passed the most effective antipoverty programs in tell the gentleman there is no poorer budget, Mr. Speaker, folks who said, If our nation. Denying the credit to children of nation on the planet. There is not a na- not me, then who? And they made working poor immigrant families—the large tion on the planet that has borrowed tough choices. Here we have the first majority of whom are American citizens— more money than this Nation has—not reconciliation bill. My colleagues on would hurt vulnerable kids, increase pov- one, not one. What do they say about the other side are going to offer a mo- erty, and would not advance the common good. socialism, Mr. Speaker? It’s a great tion to recommit to this deficit-reduc- The Supplemental Nutrition Assistance plan until you run out of other people’s tion bill that actually increases spend- Program (SNAP, formerly known as food money. Guess what? We’ve run out of ing and call that balance. stamps), provides vital food security to fami- other people’s money. Mr. Speaker, the food stamp program lies during tough economic times. It is esti- I just want to show you a chart, Mr. spending has increased 270 percent over mated that cuts proposed in this bill would Speaker. This is a chart—and I’ll show the last decade. The mean-spirited deny assistance to two million families, and it so that other Members can see it. folks that my colleagues talk about cut the benefit for everyone else. No poor family that receives food assistance would be The green line represents tax revenues want to increase it by 260 percent in- unaffected, constituting a direct threat to in this country. It goes back to 1947. stead. These aren’t easy decisions, Mr. their human dignity. If savings in agricul- What you’ll see is that tax revenues Speaker, but they’re not going to put tural programs need to be achieved, subsidies are fairly flat as a percent of the econ- one family out that qualifies for food and direct payments can be reduced and tar- omy. In fact, because this chart goes stamps. geted to small and moderate-sized farms. all the way back to 1947, it reflects the We’re going to move beyond the dem- The Social Services Block Grant is an im- agoguery, Mr. Speaker. We’re going to portant source of funding for programs New Deal with FDR. It reflects all of throughout the country that serve vulner- that growth in government. The red move into the real business that gov- able members of our communities—the line is the government spending. It erning this Nation takes. I hope we’ll homeless, the elderly, people with disabil- goes all the way back through 1965. It get a strong bipartisan vote on this ities, children living in poverty, and abuse reflects Lyndon Johnson and all the rule. I hope we’ll get a strong bipar- victims. We should prioritize programs that Great Society spending that goes on. tisan vote on the underlying bill. I urge serve ‘‘the least of these,’’ not eliminate I just want to make sure all of my my colleagues to vote in favor of both them. The Catholic bishops of the United States colleagues can see it there. The red line the rule and the underlying bill. recognize the serious deficits our country represents where spending is going in The material previously referred to faces, and we acknowledge that Congress this Nation, and the green line rep- by Mr. MCGOVERN is as follows: must make difficult decisions about how to resents where taxes are historically in AN AMENDMENT TO H. RES. 648 OFFERED BY allocate burdens and sacrifices and balance this Nation. Mr. Speaker, does this MR. MCGOVERN OF MASSACHUSETTS resources and needs. However, deficit reduc- look like we have a tax problem here? Strike ‘‘and (2)’’ and insert ‘‘(2) a further tion and fiscal responsibility efforts must Does it look like we have a spending amendment in the nature of a substitute protect and not undermine the needs of poor problem in this Nation? submitted for printing in the Congressional and vulnerable people. The proposed cuts to Record pursuant to clause 8 of rule XVIII, if programs in the budget reconciliation fail b 1020 offered by Representative Van Hollen of this basic moral test. The Catechism of the Maryland or his designee, which shall be in Catholic Church states it is the proper role Taxes have remained the same as a order without intervention of any point of of government to ‘‘make accessible to each percentage of GDP, as has spending, order, shall be considered as read, and shall what is needed to lead a truly human life: until now. Until now, we have a spend- be separately debatable for one hour equally food, clothing, health, work, education and ing-driven crisis in this Nation. I say divided and controlled by the proponent and culture, suitable information, the right to to my friend that, again, he chose all an opponent; and (3)’’. establish a family, and so on’’ (no. 1908). the right talking points: they want to Poor and vulnerable people do not have pow- protect the rich; they want to protect erful lobbyists to advocate their interests, (The information contained herein was but they have the most compelling needs. the oil companies. provided by the Republican minority on mul- As you pursue responsible deficit reduc- There is one bill in this Congress tiple occasions throughout the 110th and tion, the Catholic bishops join other faith that you know well, Mr. Speaker, that 111th Congresses.) leaders and people of good will urging you to eliminates every single corporate loop- THE VOTE ON THE PREVIOUS QUESTION: WHAT protect the lives and dignity of poor and vul- hole exemption deduction and break. IT REALLY MEANS nerable families by putting a circle of pro- There’s one. That same bill, Mr. Speak- This vote, the vote on whether to order the tection around these essential programs and er, eliminates every loophole the previous question on a special rule, is not to refrain from cutting programs that serve merely a procedural vote. A vote against or- them. wealthy use to avoid paying their fair share. Mr. Speaker, it is the single dering the previous question is a vote Sincerely, against the Republican majority agenda and Most Reverend STEPHEN E. BLAIRE, most popularly cosponsored tax bill, a vote to allow the opposition, at least for Chairman, Committee on Domestic Justice fundamental reform bill in the House the moment, to offer an alternative plan. It and Human Development. and in the Senate. It has almost 70 is a vote about what the House should be de- Mr. WOODALL. Mr. Speaker, I thank Members in the House; it has nine bating. my friend from Massachusetts for join- Members in the Senate, and there is Mr. Clarence Cannon’s Precedents of the ing me on the floor today. one Democrat on it. House of Representatives (VI, 308–311), de- I will say I think he chose exactly Mr. Speaker, giving the right speech scribes the vote on the previous question on the right words when he was trying to down here about what folks ought to do the rule as ‘‘a motion to direct or control the consideration of the subject before the House make his points: describe your opposi- doesn’t move us in the right direction. being made by the Member in charge.’’ To tion as hating women and children, and Putting your name behind some legis- defeat the previous question is to give the that’s your best chance of winning lation and moving something forward opposition a chance to decide the subject be- your argument. If only it were true. gets us in the right direction. This fore the House. Cannon cites the Speaker’s

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6565 ruling of January 13, 1920, to the effect that The vote was taken by electronic de- Butterfield Higgins Perlmutter ‘‘the refusal of the House to sustain the de- vice, and there were—yeas 237, nays Capps Himes Peters mand for the previous question passes the Capuano Hinojosa Peterson 177, not voting 17, as follows: Cardoza Hirono Pingree (ME) control of the resolution to the opposition’’ [Roll No. 244] Carnahan Hochul Polis in order to offer an amendment. On March Carney Holden Price (NC) 15, 1909, a member of the majority party of- YEAS—237 Carson (IN) Holt Quigley fered a rule resolution. The House defeated Castor (FL) Honda Rahall the previous question and a member of the Adams Gingrey (GA) Nunes Chandler Hoyer Rangel Aderholt Gohmert Nunnelee Chu Israel Reyes opposition rose to a parliamentary inquiry, Akin Goodlatte Olson asking who was entitled to recognition. Cicilline Jackson (IL) Richardson Alexander Gosar Palazzo Clarke (MI) Jackson Lee Richmond Speaker Joseph G. Cannon (R-Illinois) said: Amash Gowdy Paulsen Clarke (NY) (TX) Rothman (NJ) ‘‘The previous question having been refused, Amodei Graves (GA) Pearce Clay Johnson, E. B. Roybal-Allard the gentleman from New York, Mr. Fitz- Austria Graves (MO) Pence Cleaver Kaptur Ruppersberger gerald, who had asked the gentleman to Bachmann Griffin (AR) Petri Clyburn Keating Rush yield to him for an amendment, is entitled to Bachus Griffith (VA) Pitts Cohen Kildee Ryan (OH) Barletta Grimm the first recognition.’’ Platts Connolly (VA) Kind Sa´ nchez, Linda Bartlett Guinta Poe (TX) Conyers Kucinich T. Because the vote today may look bad for Barton (TX) Guthrie Pompeo the Republican majority they will say ‘‘the Cooper Langevin Sanchez, Loretta Bass (NH) Hall Posey Costa Larsen (WA) Sarbanes vote on the previous question is simply a Benishek Hanna Price (GA) Costello Larson (CT) Schakowsky vote on whether to proceed to an immediate Berg Harper Quayle Courtney Lee (CA) Schiff vote on adopting the resolution . . . [and] Biggert Harris Reed Critz Levin Schrader has no substantive legislative or policy im- Bilbray Hartzler Rehberg Crowley Lewis (GA) Schwartz Bilirakis Hastings (WA) Reichert Cuellar Lipinski Scott (VA) plications whatsoever.’’ But that is not what Bishop (UT) Hayworth they have always said. Listen to the Repub- Renacci Cummings Loebsack Scott, David Black Heck Ribble lican Leadership Manual on the Legislative Davis (CA) Lofgren, Zoe Serrano Blackburn Hensarling Rigell Davis (IL) Lowey Sewell Process in the United States House of Rep- Bonner Herger Rivera DeFazio Luja´ n Sherman resentatives, (6th edition, page 135). Here’s Bono Mack Herrera Beutler Roby DeGette Maloney Shuler how the Republicans describe the previous Boren Huelskamp Roe (TN) DeLauro Markey Sires question vote in their own manual: ‘‘Al- Boustany Huizenga (MI) Rogers (AL) Deutch Matsui Smith (WA) Brady (TX) Hultgren though it is generally not possible to amend Rogers (KY) Dingell McCarthy (NY) Speier Brooks Hunter Rogers (MI) Doggett McCollum Stark the rule because the majority Member con- Broun (GA) Issa trolling the time will not yield for the pur- Rohrabacher Doyle McDermott Sutton Buchanan Jenkins Rokita Edwards McGovern Thompson (CA) pose of offering an amendment, the same re- Bucshon Johnson (IL) Rooney Ellison McNerney Thompson (MS) Buerkle Johnson (OH) sult may be achieved by voting down the pre- Ros-Lehtinen Engel Meeks Tierney Burton (IN) Johnson, Sam vious question on the rule. . . . When the Roskam Eshoo Michaud Tonko Calvert Jones motion for the previous question is defeated, Ross (AR) Farr Miller (NC) Towns Camp Jordan Ross (FL) Fattah Miller, George Tsongas control of the time passes to the Member Campbell Kelly Royce Frank (MA) Moore Van Hollen who led the opposition to ordering the pre- Canseco King (IA) Runyan Fudge Moran Vela´ zquez vious question. That Member, because he Cantor King (NY) Ryan (WI) Garamendi Murphy (CT) Visclosky then controls the time, may offer an amend- Capito Kingston Scalise Gonzalez Nadler Walz (MN) Carter Kinzinger (IL) ment to the rule, or yield for the purpose of Schilling Green, Al Napolitano Wasserman Cassidy Kissell amendment.’’ Schmidt Green, Gene Neal Schultz Chabot Kline In Deschler’s Procedure in the U.S. House Schock Grijalva Olver Watt of Representatives, the subchapter titled Chaffetz Labrador Gutierrez Owens Waxman Coble Lamborn Schweikert ‘‘Amending Special Rules’’ states: ‘‘a refusal Scott (SC) Hahn Pallone Welch Coffman (CO) Lance Hanabusa Pascrell Wilson (FL) to order the previous question on such a rule Cole Landry Scott, Austin Sensenbrenner Hastings (FL) Pastor (AZ) Woolsey [a special rule reported from the Committee Conaway Lankford Heinrich Pelosi Yarmuth on Rules] opens the resolution to amend- Cravaack Latham Sessions Shimkus ment and further debate.’’ (Chapter 21, sec- Crawford LaTourette NOT VOTING—17 Crenshaw Latta Shuster tion 21.2) Section 21.3 continues: ‘‘Upon re- Simpson Burgess Hurt Paul jection of the motion for the previous ques- Culberson Lewis (CA) Davis (KY) LoBiondo Smith (NE) Dicks Johnson (GA) Slaughter tion on a resolution reported from the Com- Denham Long Smith (NJ) Donnelly (IN) Lynch Stutzman mittee on Rules, control shifts to the Mem- Dent Lucas Smith (TX) Filner Mack Waters ber leading the opposition to the previous DesJarlais Luetkemeyer Southerland Granger McCaul Young (AK) question, who may offer a proper amendment Diaz-Balart Lummis Stearns Hinchey Noem or motion and who controls the time for de- Dold Lungren, Daniel Stivers Dreier E. Sullivan bate thereon.’’ Terry b 1046 Clearly, the vote on the previous question Duffy Manzullo Duncan (SC) Marchant Thompson (PA) Ms. VELA´ ZQUEZ and Mr. RUSH on a rule does have substantive policy impli- Duncan (TN) Marino Thornberry cations. It is one of the only available tools Ellmers Matheson Tiberi changed their vote from ‘‘yea’’ to for those who oppose the Republican major- Emerson McCarthy (CA) Tipton ‘‘nay.’’ ity’s agenda and allows those with alter- Farenthold McClintock Turner (NY) Mr. KISSELL changed his vote from native views the opportunity to offer an al- Fincher McCotter Turner (OH) ‘‘nay’’ to ‘‘yea.’’ ternative plan. Fitzpatrick McHenry Upton Flake McIntyre Walberg So the previous question was ordered. Mr. WOODALL. Mr. Speaker, I yield Fleischmann McKeon Walden The result of the vote was announced back the balance of my time, and I Fleming McKinley Walsh (IL) as above recorded. move the previous question on the res- Flores McMorris Webster West Stated for: olution. Forbes Rodgers Fortenberry Meehan Westmoreland Mr. HURT. Mr. Speaker, I was not present The SPEAKER pro tempore. The Foxx Mica Whitfield question is on ordering the previous Franks (AZ) Miller (FL) Wilson (SC) for rollcall vote No. 244, on ordering the pre- question. Frelinghuysen Miller (MI) Wittman vious question on H. Res. 648. Had I been Gallegly Miller, Gary Wolf present, I would have voted ‘‘yea.’’ The question was taken; and the Gardner Mulvaney Womack Speaker pro tempore announced that Garrett Murphy (PA) Woodall Stated against: the ayes appeared to have it. Gerlach Myrick Yoder Mr. FILNER. Mr. Speaker, on rollcall 244, I Mr. MCGOVERN. Mr. Speaker, on Gibbs Neugebauer Young (FL) was away from the Capitol due to prior com- Gibson Nugent Young (IN) that I demand the yeas and nays. mitments to my constituents. Had I been The yeas and nays were ordered. NAYS—177 present, I would have voted ‘‘nay.’’ The SPEAKER pro tempore. Pursu- Ackerman Bass (CA) Blumenauer The SPEAKER pro tempore. The ant to clause 9 of rule XX, the Chair Altmire Becerra Bonamici question is on the resolution. will reduce to 5 minutes the minimum Andrews Berkley Boswell The question was taken; and the Baca Berman Brady (PA) time for any electronic vote on the Baldwin Bishop (GA) Braley (IA) Speaker pro tempore announced that question of adoption. Barrow Bishop (NY) Brown (FL) the ayes appeared to have it.

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RECORDED VOTE NOES—183 H. Con. Res. 105. Concurrent resolution au- thorizing the use of Emancipation Hall in Mr. MCGOVERN. Mr. Speaker, I de- Ackerman Fudge Neal Altmire Garamendi Olver the Capitol Visitor Center for an event to mand a recorded vote. Andrews Gonzalez Owens celebrate the birthday of King Kamehameha. A recorded vote was ordered. Baca Green, Al Pallone H. Con. Res. 106. Concurrent resolution au- Baldwin Green, Gene Pascrell thorizing the use of the Capitol Grounds for The SPEAKER pro tempore. This Barrow Grijalva Pastor (AZ) the Greater Washington Soap Box Derby. will be a 5-minute vote. Bass (CA) Gutierrez Pelosi H. Con. Res. 117. Concurrent resolution au- Becerra Hahn Perlmutter thorizing the use of the Capitol Grounds for The vote was taken by electronic de- Berkley Hanabusa Peters vice, and there were—ayes 233, noes 183, Bishop (GA) Hastings (FL) Peterson the National Peace Officers’ Memorial Serv- ice. not voting 15, as follows: Bishop (NY) Heinrich Pingree (ME) Blumenauer Higgins Polis H. Con. Res. 118. Concurrent resolution au- [Roll No. 245] Bonamici Himes Price (NC) thorizing the use of the Capitol Grounds for Boren Hinojosa Quigley the District of Columbia Special Olympics AYES—233 Boswell Hirono Rahall Law Enforcement Torch Run. Brady (PA) Hochul Rangel Adams Gosar Olson Braley (IA) Holden Reyes The message also announced that the Aderholt Gowdy Palazzo Brown (FL) Holt Richardson Senate has passed a bill of the fol- Akin Granger Paulsen Butterfield Honda Richmond Alexander Graves (GA) Pearce lowing title in which the concurrence Capps Hoyer Ross (AR) Amash Graves (MO) Pence Capuano of the House is requested: Amodei Griffin (AR) Israel Rothman (NJ) Petri Cardoza S. 2224. An act to require the President to Bachmann Griffith (VA) Jackson (IL) Roybal-Allard Pitts Carnahan Barletta Grimm Jackson Lee Ruppersberger report to Congress on issues related to Syria. Platts Carney Bartlett Guinta (TX) Rush f Poe (TX) Carson (IN) Barton (TX) Guthrie Johnson, E. B. Ryan (OH) Pompeo Castor (FL) ´ Bass (NH) Hall Kaptur Sanchez, Linda SEQUESTER REPLACEMENT Posey Chandler Benishek Hanna Keating T. Price (GA) Chu RECONCILIATION ACT OF 2012 Berg Harper Kildee Sanchez, Loretta Quayle Cicilline Biggert Harris Kind Sarbanes Mr. RYAN of Wisconsin. Mr. Speaker, Reed Clarke (MI) Bilbray Hartzler Kissell Schakowsky pursuant to House Resolution 648, I call Rehberg Clarke (NY) Bilirakis Hastings (WA) Kucinich Schiff Reichert Clay up the bill (H.R. 5652) to provide for Bishop (UT) Hayworth Langevin Schrader Renacci Cleaver Black Heck Larsen (WA) Schwartz reconciliation pursuant to section 201 Ribble Clyburn Blackburn Hensarling Larson (CT) Scott (VA) of the concurrent resolution on the Rigell Cohen Bonner Herger Lee (CA) Scott, David Rivera Connolly (VA) budget for fiscal year 2013, and ask for Bono Mack Herrera Beutler Levin Serrano Conyers its immediate consideration in the Boustany Huelskamp Roby Lewis (GA) Sewell Cooper Brady (TX) Huizenga (MI) Roe (TN) Lipinski Sherman House. Costa Brooks Hultgren Rogers (AL) Loebsack Sires The Clerk read the title of the bill. Costello Buchanan Hunter Rogers (KY) Lofgren, Zoe Smith (WA) The SPEAKER pro tempore (Mr. POE Courtney Bucshon Hurt Rogers (MI) Lowey Speier Critz ´ of Texas). Pursuant to House Resolu- Buerkle Issa Rohrabacher Lujan Stark Crowley Burton (IN) Jenkins Rokita Lynch Sutton tion 648, an amendment in the nature Cuellar Calvert Johnson (IL) Rooney Maloney Thompson (CA) of a substitute consisting of the text of Cummings Camp Johnson (OH) Ros-Lehtinen Markey Thompson (MS) Davis (CA) Rules Committee Print 112–21 shall be Campbell Johnson, Sam Roskam Matheson Tierney Davis (IL) considered as adopted, and the bill, as Canseco Jones Ross (FL) Matsui Tonko DeFazio Cantor Jordan Royce McCarthy (NY) Towns amended, shall be considered read. DeGette Capito Kelly Runyan McCollum Tsongas The text of the bill, as amended, is as DeLauro Carter King (IA) Ryan (WI) McDermott Van Hollen Deutch ´ follows: Cassidy King (NY) Scalise McGovern Velazquez Dicks McIntyre H.R. 5652 Chabot Kingston Schilling Visclosky Dingell McNerney Walz (MN) Chaffetz Kinzinger (IL) Schmidt Be it enacted by the Senate and House of Rep- Doggett Meeks Wasserman Coble Kline Schock resentatives of the United States of America in Doyle Michaud Schultz Coffman (CO) Labrador Schweikert Edwards Miller (NC) Waters Congress assembled, Cole Lamborn Scott (SC) Ellison SECTION 1. SHORT TITLE. Conaway Lance Miller, George Watt Scott, Austin Engel This Act may be cited as the ‘‘Sequester Re- Cravaack Landry Moore Waxman Sensenbrenner Eshoo Crawford Lankford Moran Welch placement Reconciliation Act of 2012’’. Sessions Farr Crenshaw Latham Murphy (CT) Wilson (FL) SEC. 2. TABLE OF CONTENTS. Shimkus Fattah Culberson LaTourette Nadler Woolsey The table of contents is as follows: Shuler Frank (MA) Napolitano Yarmuth Davis (KY) Latta Shuster Sec. 1. Short title. Denham Lewis (CA) Simpson NOT VOTING—15 Sec. 2. Table of contents. Dent LoBiondo Smith (NE) Austria Donnelly (IN) Noem TITLE I—AGRICULTURE DesJarlais Long Smith (NJ) Bachus Filner Paul Sec. 101. Short title. Diaz-Balart Lucas Smith (TX) Dold Luetkemeyer Berman Hinchey Slaughter Sec. 102. ARRA sunset at June 30, 2012. Southerland Dreier Lummis Broun (GA) Johnson (GA) Stutzman Sec. 103. Categorical eligibility limited to cash Stearns Duffy Lungren, Daniel Burgess Mack Young (AK) Stivers assistance. Duncan (SC) E. Sullivan 1053 Sec. 104. Standard utility allowances based on Duncan (TN) Manzullo b Terry the receipt of energy assistance Ellmers Marchant So the resolution was agreed to. payments. Emerson Marino Thompson (PA) Thornberry The result of the vote was announced Sec. 105. Employment and training; workfare. Farenthold McCarthy (CA) Sec. 106. End State bonus program for the sup- Fincher McCaul Tiberi as above recorded. Fitzpatrick McClintock Tipton A motion to reconsider was laid on plemental nutrition assistance Turner (NY) Flake McCotter the table. program. Fleischmann McHenry Turner (OH) Sec. 107. Funding of employment and training Fleming McKeon Upton Stated against: programs. Flores McKinley Walberg Mr. FILNER. Mr. Speaker, on rollcall 245, I Sec. 108. Turn off indexing for nutrition edu- Forbes McMorris Walden was away from the Capitol due to prior com- cation and obesity prevention. Walsh (IL) Fortenberry Rodgers mitments to my constituents. Had I been Sec. 109. Extension of Authorization of Food Foxx Meehan Webster and Nutrition Act of 2008. Franks (AZ) Mica West present, I would have voted ‘‘no.’’ Sec. 110. Effective dates and application of Westmoreland Frelinghuysen Miller (FL) f amendments. Gallegly Miller (MI) Whitfield Gardner Miller, Gary Wilson (SC) MESSAGE FROM THE SENATE TITLE II—COMMITTEE ON ENERGY AND Garrett Mulvaney Wittman COMMERCE Gerlach Murphy (PA) Wolf A message from the Senate by Ms. Subtitle A—Repeal of Certain ACA Funding Gibbs Myrick Womack Curtis, one of its clerks, announced Provisions Gibson Neugebauer Woodall that the Senate has passed without Gingrey (GA) Nugent Yoder Sec. 201. Repealing mandatory funding to Gohmert Nunes Young (FL) amendment concurrent resolutions of states to establish American Goodlatte Nunnelee Young (IN) the House of the following titles: Health Benefit Exchanges.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 6343 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6567 Sec. 202. Repealing Prevention and Public Sec. 367. Technical corrections. Law 111–5; 123 Stat. 120) is amended by striking Health Fund. Sec. 368. Requiring competition for national ‘‘October 31, 2013’’ and inserting ‘‘June 30, Sec. 203. Rescinding unobligated balances for flood insurance program policies. 2012’’. CO-OP program. Sec. 369. Studies of voluntary community-based SEC. 103. CATEGORICAL ELIGIBILITY LIMITED TO Subtitle B—Medicaid flood insurance options. CASH ASSISTANCE. Sec. 370. Report on inclusion of building codes Section 5 of the Food and Nutrition Act of Sec. 211. Revision of provider tax indirect guar- in floodplain management cri- 2008 (7 U.S.C. 2014) is amended— antee threshold. teria. (1) in the 2d sentence of subsection (a) by Sec. 212. Rebasing of State DSH allotments for Sec. 371. Study on graduated risk. striking ‘‘households in which each member re- fiscal year 2022. Sec. 372. Report on flood-in-progress determina- ceives benefits’’ and inserting ‘‘households in Sec. 213. Repeal of Medicaid and CHIP mainte- tion. which each member receives cash assistance’’, nance of effort requirements Sec. 373. Study on repaying flood insurance and under PPACA. debt. (2) in subsection (j) by striking ‘‘or who re- Sec. 214. Medicaid payments to territories. Sec. 374. No cause of action. ceives benefits under a State program’’ and in- Sec. 215. Repealing bonus payments for enroll- Sec. 375. Authority for the corps of engineers to serting ‘‘or who receives cash assistance under a ment under Medicaid and CHIP. provide specialized or technical State program’’. TITLE III—FINANCIAL SERVICES services. SEC. 104. STANDARD UTILITY ALLOWANCES Sec. 301. Table of contents. Subtitle E—Repeal of the Office of Financial BASED ON THE RECEIPT OF ENERGY Subtitle A—Orderly Liquidation Fund Research ASSISTANCE PAYMENTS. (a) STANDARD UTILITY ALLOWANCE.—Section 5 Sec. 311. Repeal of liquidation authority. Sec. 381. Repeal of the Office of Financial Re- of the Food and Nutrition Act of 2008 (7 U.S.C. Subtitle B—Home Affordable Modification search. 2014) is amended— Program TITLE IV—COMMITTEE ON THE JUDICIARY (1) in subsection (e)(6)(C) by striking clause Sec. 321. Short title. Sec. 401. Short title. (iv), and Sec. 322. Congressional findings. Sec. 402. Encouraging speedy resolution of (2) in subsection (k) by striking paragraph (4) Sec. 323. Termination of authority. claims. and inserting the following: Sec. 324. Sense of Congress. Sec. 403. Compensating patient injury. ‘‘(4) THIRD PARTY ENERGY ASSISTANCE PAY- MENTS.—For purposes of subsection (d)(1), a Subtitle C—Bureau of Consumer Financial Sec. 404. Maximizing patient recovery. payment made under a State law (other than a Protection Sec. 405. Punitive damages. law referred to in paragraph (2)(G)) to provide Sec. 331. Bringing the Bureau of Consumer Fi- Sec. 406. Authorization of payment of future damages to claimants in health energy assistance to a household shall be con- nancial Protection into the reg- sidered money payable directly to the house- ular appropriations process. care lawsuits. Sec. 407. Definitions. hold.’’. (b) CONFORMING AMENDMENTS.—Section Subtitle D—Flood Insurance Reform Sec. 408. Effect on other laws. 2605(f)(2) of the Low-Income Home Energy As- Sec. 341. Short title. Sec. 409. State flexibility and protection of sistance Act of 1981 (42 U.S.C. 8624(f)(2)) is Sec. 342. Extensions. States’ rights. Sec. 343. Mandatory purchase. Sec. 410. Applicability; effective date. amended— Sec. 344. Reforms of coverage terms. (1) by striking ‘‘and for purposes of deter- TITLE V—COMMITTEE ON OVERSIGHT AND Sec. 345. Reforms of premium rates. mining any excess shelter expense deduction GOVERNMENT REFORM Sec. 346. Technical Mapping Advisory Council. under section 5(e) of the Food and Nutrition Act Sec. 347. FEMA incorporation of new mapping Sec. 501. Retirement contributions. of 2008 (7 U.S.C. 2014(e))’’, and protocols. Sec. 502. Annuity supplement. (2) in subparagraph (A) by inserting before Sec. 348. Treatment of levees. Sec. 503. Contributions to Thrift Savings Fund the semicolon the following: ‘‘, except that such Sec. 349. Privatization initiatives. of payments for accrued or accu- payments or allowances shall not be deemed to Sec. 350. FEMA annual report on insurance mulated leave. be expended for purposes of determining any ex- program. TITLE VI—COMMITTEE ON WAYS AND cess shelter expense deduction under section Sec. 351. Mitigation assistance. MEANS 5(e)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6))’’. Sec. 352. Notification to homeowners regarding Subtitle A—Recapture of Overpayments Result- mandatory purchase requirement ing From Certain Federally-subsidized Health SEC. 105. EMPLOYMENT AND TRAINING; WORKFARE. applicability and rate phase-ins. Insurance Sec. 353. Notification to members of congress of (a) ADMINISTRATIVE COST-SHARING FOR EM- flood map revisions and updates. Sec. 601. Recapture of overpayments resulting PLOYMENT AND TRAINING PROGRAMS.— Sec. 354. Notification and appeal of map from certain federally-subsidized (1) IN GENERAL.—Section 16 of the Food and changes; notification to commu- health insurance. Nutrition Act of 2008 (7 U.S.C. 2025) is amend- nities of establishment of flood Subtitle B—Social Security Number Required to ed— elevations. Claim the Refundable Portion of the Child (A) in subsection (a) by inserting ‘‘(other than Sec. 355. Notification to tenants of availability Tax Credit a program carried out under section 6(d)(4) or section 20)’’ after ‘‘supplemental nutrition as- of contents insurance. Sec. 611. Social security number required to sistance program’’ the 1st place it appears, and Sec. 356. Notification to policy holders regard- claim the refundable portion of ing direct management of policy (B) in subsection (h)— the child tax credit. (i) by striking paragraphs (2) and (3), and by FEMA. Subtitle C—Human Resources Provisions (ii) by redesignating paragraphs (4) and (5) as Sec. 357. Notice of availability of flood insur- paragraphs (2) and (3), respectively. ance and escrow in RESPA good Sec. 621. Repeal of the program of block grants to States for social services. (2) CONFORMING AMENDMENTS.— faith estimate. (A) Section 17(b)(1)(B)(iv)(III)(hh) of the Food Sec. 358. Reimbursement for costs incurred by TITLE VII—SEQUESTER REPLACEMENT and Nutrition Act of 2008 (7 U.S.C. homeowners and communities ob- Sec. 701. Short title. 2026(b)(1)(B)(iv)(III)(hh)) is amended by striking taining letters of map amendment Sec. 702. Protecting veterans programs from se- ‘‘(g), (h)(2), or (h)(3)’’ and inserting ‘‘or (g)’’. or revision. quester. (B) Section 22(d)(1)(B)(ii) of the Food and Nu- Sec. 359. Enhanced communication with certain Sec. 703. Achieving $19 billion in discretionary trition Act of 2008 (7 U.S.C. 2031(d)(1)(B)(ii)) is communities during map updating savings. amended is amended by striking ‘‘, (g), (h)(2), process. Sec. 704. Conforming amendments to section 314 and (h)(3)’’ and inserting ‘‘and (g)’’. Sec. 360. Notification to residents newly in- of the Congressional Budget and (b) ADMINISTRATIVE COST-SHARING AND REIM- cluded in flood hazard areas. Impoundment Control Act of 1974. BURSEMENTS FOR WORKFARE.—Section 20 of the Sec. 361. Treatment of swimming pool enclo- Sec. 705. Treatment for PAYGO purposes. Food and Nutrition Act of 2008 (7 U.S.C. 2029) is sures outside of hurricane season. Sec. 706. Elimination of the fiscal year 2013 se- amended by striking subsection (g). Sec. 362. Information regarding multiple perils questration for defense direct SEC. 106. END STATE BONUS PROGRAM FOR THE claims. spending. SUPPLEMENTAL NUTRITION ASSIST- Sec. 363. FEMA authority to reject transfer of TITLE I—AGRICULTURE ANCE PROGRAM. policies. Section 16 of the Food and Nutrition Act of Sec. 364. Appeals. SEC. 101. SHORT TITLE. 2008 (7 U.S.C. 2025) is amended by striking sub- Sec. 365. Reserve fund. This title may be cited as the ‘‘Agricultural section (d). Sec. 366. CDBG eligibility for flood insurance Reconciliation Act of 2012’’. SEC. 107. FUNDING OF EMPLOYMENT AND TRAIN- outreach activities and commu- SEC. 102. ARRA SUNSET AT JUNE 30, 2012. ING PROGRAMS. nity building code administration Section 101(a)(2) of division A of the American For purposes of fiscal year 2013, the reference grants. Recovery and Reinvestment Act of 2009 (Public to $90,000,000 in section 16(h)(1)(A) of the Food

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6568 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 and Nutrition Act of 2008 (7 U.S.C. SEC. 213. REPEAL OF MEDICAID AND CHIP MAIN- Subtitle C—Bureau of Consumer Financial 2025(h)(1)(A)) shall be deemed to be a reference TENANCE OF EFFORT REQUIRE- Protection MENTS UNDER PPACA. to $79,000,000. Sec. 331. Bringing the Bureau of Consumer Fi- (a) REPEAL OF PPACA MEDICAID MOE.—Sec- SEC. 108. TURN OFF INDEXING FOR NUTRITION nancial Protection into the reg- tion 1902 of the Social Security Act (42 U.S.C. EDUCATION AND OBESITY PREVEN- ular appropriations process. TION. 1396a) is amended by striking subsection (gg). Section 28(d) of the Food and Nutrition Act of (b) REPEAL OF PPACA CHIP MOE.—Section Subtitle D—Flood Insurance Reform 2008 (7 U.S.C. 2037(d)) is amended by striking 2105(d)(3) of the Social Security Act (42 U.S.C. Sec. 341. Short title. ‘‘years—’’ and all that follows through the pe- 1397ee(d)(3)) is amended— Sec. 342. Extensions. riod at the end, and inserting ‘‘years, (1) by striking subparagraph (A); Sec. 343. Mandatory purchase. $375,000,000.’’. (2) by redesignating subparagraphs (B) and Sec. 344. Reforms of coverage terms. SEC. 109. EXTENSION OF AUTHORIZATION OF (C) as subparagraphs (A) and (B), respectively; Sec. 345. Reforms of premium rates. FOOD AND NUTRITION ACT OF 2008. and Sec. 346. Technical Mapping Advisory Council. Section 18(a)(1) of the Food and Nutrition Act (3) in the paragraph heading, by striking Sec. 347. FEMA incorporation of new mapping of 2008 (7 U.S.C. 2027(a)(1)) is amended by strik- ‘‘CONTINUATION OF ELIGIBILITY STANDARDS FOR protocols. ing ‘‘2012’’ and inserting ‘‘2013’’. CHILDREN UNTIL OCTOBER 1, 2019’’ and inserting Sec. 348. Treatment of levees. Sec. 349. Privatization initiatives. SEC. 110. EFFECTIVE DATES AND APPLICATION ‘‘CONTINUITY OF COVERAGE’’. OF AMENDMENTS. (c) CONFORMING AMENDMENTS.— Sec. 350. FEMA annual report on insurance (a) GENERAL EFFECTIVE DATE.—Except as pro- (1) Section 1902(a) of the Social Security Act program. vided in subsection (b), this title and the amend- (42 U.S.C. 1396a(a)) is amended by striking Sec. 351. Mitigation assistance. ments made by this title shall take effect on Oc- paragraph (74). Sec. 352. Notification to homeowners regarding tober 1, 2012, and shall apply only with respect (2) Effective January 1, 2014, paragraph (14) mandatory purchase requirement to certification periods that begin on or after of section 1902(e) (as added by section 2002(a) of applicability and rate phase-ins. such date. Public Law 111–148) is amended by striking the Sec. 353. Notification to members of congress of (b) SPECIAL EFFECTIVE DATE.—Section 107 third sentence of subparagraph (A). flood map revisions and updates. and the amendments made by sections 102, 103, (d) EFFECTIVE DATE.—Except as provided in Sec. 354. Notification and appeal of map 104, and 109 shall take effect on the date of the subsection (c)(2), the amendments made by this changes; notification to commu- enactment of this Act and shall apply only with section shall take effect on the date of the en- nities of establishment of flood respect to certification periods that begin on or actment of this section. elevations. after such date. SEC. 214. MEDICAID PAYMENTS TO TERRITORIES. Sec. 355. Notification to tenants of availability (a) LIMIT ON PAYMENTS.—Section 1108(g) of of contents insurance. TITLE II—COMMITTEE ON ENERGY AND Sec. 356. Notification to policy holders regard- COMMERCE the Social Security Act (42 U.S.C. 1308(g)) is amended— ing direct management of policy Subtitle A—Repeal of Certain ACA Funding (1) in paragraph (2)— by FEMA. Provisions (A) by striking ‘‘paragraphs (3) and (5)’’; and Sec. 357. Notice of availability of flood insur- SEC. 201. REPEALING MANDATORY FUNDING TO (B) by inserting ‘‘paragraph (3)’’ after ‘‘and ance and escrow in RESPA good STATES TO ESTABLISH AMERICAN subject to’’; faith estimate. HEALTH BENEFIT EXCHANGES. (2) in paragraph (4), by striking ‘‘(3), and’’ Sec. 358. Reimbursement for costs incurred by (a) IN GENERAL.—Section 1311(a) of the Pa- and all that follows through ‘‘of this sub- homeowners and communities ob- tient Protection and Affordable Care Act (42 section’’ and inserting ‘‘and (3) of this sub- taining letters of map amendment U.S.C. 18031(a)) is repealed. section’’; and or revision. (b) RESCISSION OF UNOBLIGATED FUNDS.—Of (3) by striking paragraph (5). Sec. 359. Enhanced communication with certain the funds made available under such section (b) FMAP.—The first sentence of section communities during map updating 1311(a), the unobligated balance is rescinded. 1905(b) of the Social Security Act (42 U.S.C. process. SEC. 202. REPEALING PREVENTION AND PUBLIC 1396d(b)) is amended by striking ‘‘shall be 55 Sec. 360. Notification to residents newly in- HEALTH FUND. percent’’ and inserting ‘‘shall be 50 percent’’. cluded in flood hazard areas. (a) IN GENERAL.—Section 4002 of the Patient Sec. 361. Treatment of swimming pool enclo- Protection and Affordable Care Act (42 U.S.C. SEC. 215. REPEALING BONUS PAYMENTS FOR EN- ROLLMENT UNDER MEDICAID AND sures outside of hurricane season. 300u–11) is repealed. CHIP. Sec. 362. Information regarding multiple perils (b) RESCISSION OF UNOBLIGATED FUNDS.—Of (a) IN GENERAL.—Paragraphs (3) and (4) of claims. the funds made available by such section 4002, section 2105(a) of the Social Security Act (42 Sec. 363. FEMA authority to reject transfer of the unobligated balance is rescinded. U.S.C. 1397ee(a)) are repealed. policies. SEC. 203. RESCINDING UNOBLIGATED BALANCES (b) RESCISSION OF UNOBLIGATED FUNDS.—Of Sec. 364. Appeals. FOR CO-OP PROGRAM. the funds made available by section 2105(a)(3) of Sec. 365. Reserve fund. Of the funds made available under section the Social Security Act, the unobligated balance Sec. 366. CDBG eligibility for flood insurance 1322(g) of the Patient Protection and Affordable is rescinded. outreach activities and commu- Care Act (42 U.S.C. 18042(g)), the unobligated (c) CONFORMING CHANGES.— nity building code administration balance is rescinded. (1) AVAILABILITY OF EXCESS FUNDS FOR PER- grants. Subtitle B—Medicaid FORMANCE BONUSES.—Section 2104(n)(2) of the Sec. 367. Technical corrections. SEC. 211. REVISION OF PROVIDER TAX INDIRECT Social Security Act (42 U.S.C. 1397dd(n)(2)) is Sec. 368. Requiring competition for national GUARANTEE THRESHOLD. amended by striking subparagraph (D). flood insurance program policies. Section 1903(w)(4)(C)(ii) of the Social Security (2) OUTREACH OR COVERAGE BENCHMARKS.— Sec. 369. Studies of voluntary community-based Act (42 U.S.C. 1396b(w)(4)(C)(ii)) is amended by Section 2111(b)(3) of the Social Security Act (42 flood insurance options. inserting ‘‘and for portions of fiscal years begin- U.S.C. 1397kk(b)(3)) is amended— Sec. 370. Report on inclusion of building codes ning on or after October 1, 2012,’’ after ‘‘October (A) in subparagraph (A)— in floodplain management cri- 1, 2011,’’. (i) in clause (i), by inserting ‘‘or’’ after the teria. SEC. 212. REBASING OF STATE DSH ALLOTMENTS semicolon at the end; and Sec. 371. Study on graduated risk. FOR FISCAL YEAR 2022. (ii) by striking clause (ii); and Sec. 372. Report on flood-in-progress determina- Section 1923(f) of the Social Security Act (42 (B) by striking subparagraph (C). tion. Sec. 373. Study on repaying flood insurance U.S.C. 1396r-4(f)) is amended— TITLE III—FINANCIAL SERVICES (1) by redesignating paragraph (9) as para- debt. SEC. 301. TABLE OF CONTENTS. graph (10); Sec. 374. No cause of action. (2) in paragraph (3)(A) by striking ‘‘para- The table of contents for this title is as fol- Sec. 375. Authority for the corps of engineers to graphs (6), (7), and (8)’’ and inserting ‘‘para- lows: provide specialized or technical graphs (6), (7), (8), and (9)’’; and TITLE III—FINANCIAL SERVICES services. (3) by inserting after paragraph (8) the fol- Sec. 301. Table of contents. Subtitle E—Repeal of the Office of Financial lowing new paragraph: Subtitle A—Orderly Liquidation Fund Research ‘‘(9) REBASING OF STATE DSH ALLOTMENTS FOR Sec. 311. Repeal of liquidation authority. Sec. 381. Repeal of the Office of Financial Re- FISCAL YEAR 2022.—With respect to fiscal 2022, search. for purposes of applying paragraph (3)(A) to de- Subtitle B—Home Affordable Modification termine the DSH allotment for a State, the Program Subtitle A—Orderly Liquidation Fund amount of the DSH allotment for the State Sec. 321. Short title. SEC. 311. REPEAL OF LIQUIDATION AUTHORITY. under paragraph (3) for fiscal year 2021 shall be Sec. 322. Congressional findings. (a) IN GENERAL.—Title II of the Dodd-Frank treated as if it were such amount as reduced Sec. 323. Termination of authority. Wall Street Reform and Consumer Protection under paragraph (7).’’. Sec. 324. Sense of Congress. Act is hereby repealed and any Federal law

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6569 amended by such title shall, on and after the ever, approximately only $2.54 billion has been member of the Armed Forces person who died in date of enactment of this Act, be effective as if disbursed. a manner described in subsection (a) of such title II of the Dodd-Frank Wall Street Reform (5) Terminating HAMP would save American section. and Consumer Protection Act had not been en- taxpayers approximately $2.84 billion, according ‘‘(5) PUBLICATION OF MEMBER AVAILABILITY acted. to the Congressional Budget Office. FOR ASSISTANCE.—Not later than 5 days after (b) CONFORMING AMENDMENTS.— SEC. 323. TERMINATION OF AUTHORITY. the date of the enactment of this subsection, the (1) DODD-FRANK WALL STREET REFORM AND Section 120 of the Emergency Economic Sta- Secretary of the Treasury shall publish to its CONSUMER PROTECTION ACT.—The Dodd-Frank bilization Act of 2008 (12 U.S.C. 5230) is amended Website on the World Wide Web in a prominent Wall Street Reform and Consumer Protection by adding at the end the following new sub- location, large point font, and boldface type the Act is amended— section: following statement: ‘The Home Affordable (A) in the table of contents for such Act, by ‘‘(c) TERMINATION OF AUTHORITY TO PROVIDE Modification Program (HAMP) has been termi- striking all items relating to title II; NEW ASSISTANCE UNDER THE HOME AFFORDABLE nated. If you are having trouble paying your (B) in section 165(d)(6), by striking ‘‘, a re- MODIFICATION PROGRAM.— mortgage and need help contacting your lender ceiver appointed under title II,’’; ‘‘(1) IN GENERAL.—Except as provided under or servicer for purposes of negotiating or acquir- (C) in section 716(g), by striking ‘‘or a covered paragraph (2), after the date of the enactment ing a loan modification, please contact your financial company under title II’’; of this subsection the Secretary may not provide Member of Congress to assist you in contacting (D) in section 1105(e)(5), by striking ‘‘amount any assistance under the Home Affordable your lender or servicer for the purpose of negoti- of any securities issued under that chapter 31 Modification Program under the Making Home ating or acquiring a loan modification.’. for such purpose shall be treated in the same Affordable initiative of the Secretary, author- ‘‘(6) NOTIFICATION TO HAMP APPLICANTS RE- manner as securities issued under section ized under this Act, on behalf of any home- QUIRED.—Not later than 30 days after the date 208(n)(5)(E)’’ and inserting ‘‘issuances of such owner. of the enactment of this subsection, the Sec- securities under that chapter 31 for such pur- ‘‘(2) PROTECTION OF EXISTING OBLIGATIONS ON retary of the Treasury shall inform each indi- pose shall by treated as public debt transactions BEHALF OF HOMEOWNERS ALREADY EXTENDED AN vidual who applied for the Home Affordable of the United States, and the proceeds from the OFFER TO PARTICIPATE IN THE PROGRAM.—Para- Modification Program and will not be consid- sale of any obligations acquired by the Sec- graph (1) shall not apply with respect to assist- ered for a modification under such Program due retary under this paragraph shall be deposited ance provided on behalf of a homeowner who, to termination of such Program under this sub- into the Treasury of the United States as mis- before the date of the enactment of this sub- section— cellaneous receipts’’; and section, was extended an offer to participate in ‘‘(A) that such Program has been terminated; (E) in section 1106(c)(2), by amending sub- the Home Affordable Modification Program on a ‘‘(B) that loan modifications under such Pro- paragraph (A) to read as follows: trial or permanent basis. gram are no longer available; ‘‘(A) require the company to file a petition for ‘‘(3) DEFICIT REDUCTION.— ‘‘(C) of the name and contact information of bankruptcy under section 301 of title 11, United ‘‘(A) USE OF UNOBLIGATED FUNDS.—Notwith- such individual’s Member of Congress; and States Code; or’’. standing any other provision of this title, the ‘‘(D) that the individual should contact his or (2) FEDERAL DEPOSIT INSURANCE ACT.—Section amounts described in subparagraph (B) shall her Member of Congress to assist the individual 10(b)(3) of the Federal Deposit Insurance Act (12 not be available after the date of the enactment in contacting the individual’s lender or servicer U.S.C. 1820(b)(3)) is amended by striking ‘‘, or of of this subsection for obligation or expenditure for the purpose of negotiating or acquiring a such nonbank financial company supervised by under the Home Affordable Modification Pro- loan modification.’’. the Board of Governors or bank holding com- gram of the Secretary, but should be covered SEC. 324. SENSE OF CONGRESS. pany described in section 165(a) of the Financial into the General Fund of the Treasury and The Congress encourages banks to work with Stability Act of 2010, for the purpose of imple- should be used only for reducing the budget def- homeowners to provide loan modifications to menting its authority to provide for orderly liq- icit of the Federal Government. those that are eligible. The Congress also en- uidation of any such company under title II of ‘‘(B) IDENTIFICATION OF UNOBLIGATED courages banks to work and assist homeowners that Act’’. FUNDS.—The amounts described in this subpara- and prospective homeowners with foreclosure (3) FEDERAL RESERVE ACT.—Section 13(3) of graph are any amounts made available under prevention programs and information on loan the Federal Reserve Act is amended— title I of the Emergency Economic Stabilization modifications. (A) in subparagraph (B)— (i) in clause (ii), by striking ‘‘, resolution Act of 2008 that— Subtitle C—Bureau of Consumer Financial ‘‘(i) have been allocated for use, but not yet under title II of the Dodd-Frank Wall Street Re- Protection obligated as of the date of the enactment of this form and Consumer Protection Act, or’’ and in- subsection, under the Home Affordable Modi- SEC. 331. BRINGING THE BUREAU OF CONSUMER serting ‘‘or is subject to resolution under’’; and FINANCIAL PROTECTION INTO THE (ii) in clause (iii), by striking ‘‘, resolution fication Program of the Secretary; and REGULAR APPROPRIATIONS PROC- under title II of the Dodd-Frank Wall Street Re- ‘‘(ii) are not necessary for providing assist- ESS. form and Consumer Protection Act, or’’ and in- ance under such Program on behalf of home- Section 1017 of the Consumer Financial Pro- serting ‘‘or resolution under’’; and owners who, pursuant to paragraph (2), may be tection Act of 2010 is amended— (B) by striking subparagraph (E). provided assistance after the date of the enact- (1) in subsection (a)— ment of this subsection. (A) by amending the heading of such sub- Subtitle B—Home Affordable Modification ‘‘(4) STUDY OF USE OF PROGRAM BY MEMBERS Program section to read as follows: ‘‘BUDGET, FINANCIAL OF THE ARMED FORCES, VETERANS, AND GOLD MANAGEMENT, AND AUDIT.—’’; SEC. 321. SHORT TITLE. STAR RECIPIENTS.— (B) by striking paragraphs (1), (2), and (3); This subtitle may be cited as the ‘‘HAMP Ter- ‘‘(A) STUDY.—The Secretary shall conduct a (C) by redesignating paragraphs (4) and (5) as mination Act of 2012’’. study to determine the extent of usage of the paragraphs (1) and (2), respectively; and SEC. 322. CONGRESSIONAL FINDINGS. Home Affordable Modification Program by, and (D) by striking subparagraphs (E) and (F) of The Congress finds the following: the impact of such Program on, covered home- paragraph (1), as so redesignated; (1) According to the Department of the Treas- owners. (2) by striking subsections (b), (c), and (d); ury— ‘‘(B) REPORT.—Not later than the expiration (3) by redesignating subsection (e) as sub- (A) the Home Affordable Modification Pro- of the 90-day period beginning on the date of section (b); and gram (HAMP) is designed to ‘‘help as many as the enactment of this subsection, the Secretary (4) in subsection (b), as so redesignated— 3 to 4 million financially struggling homeowners shall submit to the Congress a report setting (A) by striking paragraphs (1), (2), and (3) avoid foreclosure by modifying loans to a level forth the results of the study under subpara- and inserting the following: that is affordable for borrowers now and sus- graph (A) and identifying best practices, derived ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— tainable over the long term’’; and from studying the Home Affordable Modifica- There is authorized to be appropriated (B) as of February 2012, only 782,609 active tion Program, that could be applied to existing $200,000,000 to carry out this title for each of fis- permanent mortgage modifications were made mortgage assistance programs available to cov- cal years 2012 and 2013.’’; and under HAMP. ered homeowners. (B) by redesignating paragraph (4) as para- (2) Many homeowners whose HAMP modifica- ‘‘(C) COVERED HOMEOWNER.—For purposes of graph (2). tions were canceled suffered because they made this subsection, the term ‘covered homeowner’ Subtitle D—Flood Insurance Reform futile payments and some of those homeowners means a homeowner who is— were even forced into foreclosure. ‘‘(i) a member of the Armed Forces of the SEC. 341. SHORT TITLE. (3) The Special Inspector General for TARP United States on active duty or the spouse or This subtitle may be cited as the ‘‘Flood In- reported that HAMP ‘‘benefits only a small por- parent of such a member; surance Reform Act of 2012’’. tion of distressed homeowners, offers others lit- ‘‘(ii) a veteran, as such term is defined in sec- SEC. 342. EXTENSIONS. tle more than false hope, and in certain cases tion 101 of title 38, United States Code; or (a) EXTENSION OF PROGRAM.—Section 1319 of causes more harm than good’’. ‘‘(iii) eligible to receive a Gold Star lapel pin the National Flood Insurance Act of 1968 (42 (4) Approximately $30 billion was obligated by under section 1126 of title 10, United States U.S.C. 4026) is amended by striking ‘‘the earlier the Department of the Treasury to HAMP, how- Code, as a widow, parent, or next of kin of a of the date of the enactment into law of an Act

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6570 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 that specifically amends the date specified in ing jurisdiction over any portion of the eligible tection Act of 1973 (42 U.S.C. 4012a(e)) is amend- this section or May 31, 2012’’ and inserting area, the Administrator may extend the period ed— ‘‘September 30, 2016’’. during which a finding under paragraph (1) (1) in paragraph (2), by striking ‘‘insurance.’’ (b) EXTENSION OF FINANCING.—Section 1309(a) shall be effective, except that— and inserting ‘‘insurance, including premiums of such Act (42 U.S.C. 4016(a)) is amended by ‘‘(A) each such extension under this para- or fees incurred for coverage beginning on the striking ‘‘the earlier of the date of the enact- graph shall not be for a period exceeding 12 date on which flood insurance coverage lapsed ment into law of an Act that specifically amends months; and or did not provide a sufficient coverage the date specified in this section or May 31, ‘‘(B) for any area, the cumulative number of amount.’’; 2012’’ and inserting ‘‘September 30, 2016’’. such extensions may not exceed 2. (2) by redesignating paragraphs (3) and (4) as SEC. 343. MANDATORY PURCHASE. ‘‘(5) ADDITIONAL EXTENSION FOR COMMUNITIES paragraphs (5) and 6), respectively; and (a) AUTHORITY TO TEMPORARILY SUSPEND MAKING MORE THAN ADEQUATE PROGRESS ON (3) by inserting after paragraph (2) the fol- MANDATORY PURCHASE REQUIREMENT.— FLOOD PROTECTION SYSTEM.— lowing new paragraphs: (1) IN GENERAL.—Section 102 of the Flood Dis- ‘‘(A) EXTENSION.— ‘‘(3) TERMINATION OF FORCE-PLACED INSUR- aster Protection Act of 1973 (42 U.S.C. 4012a) is ‘‘(i) AUTHORITY.—Except as provided in sub- ANCE.—Within 30 days of receipt by the lender amended by adding at the end the following paragraph (B), in the case of an eligible area for or servicer of a confirmation of a borrower’s ex- new subsection: which the Administrator has, pursuant to para- isting flood insurance coverage, the lender or ‘‘(i) AUTHORITY TO TEMPORARILY SUSPEND graph (4), extended the period of effectiveness of servicer shall— MANDATORY PURCHASE REQUIREMENT.— the finding under paragraph (1) for the area, ‘‘(A) terminate the force-placed insurance; ‘‘(1) FINDING BY ADMINISTRATOR THAT AREA IS upon a request submitted by a local government and AN ELIGIBLE AREA.—For any area, upon a re- authority having jurisdiction over any portion ‘‘(B) refund to the borrower all force-placed quest submitted to the Administrator by a local of the eligible area, if the Administrator finds insurance premiums paid by the borrower dur- government authority having jurisdiction over that more than adequate progress has been ing any period during which the borrower’s any portion of the area, the Administrator shall made on the construction of a flood protection flood insurance coverage and the force-placed make a finding of whether the area is an eligible system for such area, as determined in accord- flood insurance coverage were each in effect, area under paragraph (3). If the Administrator ance with the last sentence of section 1307(e) of and any related fees charged to the borrower finds that such area is an eligible area, the Ad- the National Flood Insurance Act of 1968 (42 with respect to the force-placed insurance dur- ministrator shall, in the discretion of the Ad- U.S.C. 4014(e)), the Administrator may, in the ing such period. ministrator, designate a period during which discretion of the Administrator, further extend ‘‘(4) SUFFICIENCY OF DEMONSTRATION.—For such finding shall be effective, which shall not the period during which the finding under para- purposes of confirming a borrower’s existing be longer in duration than 12 months. graph (1) shall be effective for such area for an flood insurance coverage, a lender or servicer ‘‘(2) SUSPENSION OF MANDATORY PURCHASE RE- additional 12 months. for a loan shall accept from the borrower an in- QUIREMENT.—If the Administrator makes a find- ‘‘(ii) LIMIT.— For any eligible area, the cumu- surance policy declarations page that includes ing under paragraph (1) that an area is an eligi- lative number of extensions under this subpara- the existing flood insurance policy number and ble area under paragraph (3), during the period graph may not exceed 2. the identity of, and contact information for, the specified in the finding, the designation of such ‘‘(B) EXCLUSION FOR NEW MORTGAGES.— insurance company or agent.’’. eligible area as an area having special flood ‘‘(i) EXCLUSION.—Any extension under sub- (c) USE OF PRIVATE INSURANCE TO SATISFY hazards shall not be effective for purposes of paragraph (A) of this paragraph of a finding MANDATORY PURCHASE REQUIREMENT.—Section subsections (a), (b), and (e) of this section, and under paragraph (1) shall not be effective with 102(b) of the Flood Disaster Protection Act of section 202(a) of this Act. Nothing in this para- respect to any excluded property after the origi- 1973 (42 U.S.C. 4012a(b)) is amended— graph may be construed to prevent any lender, nation, increase, extension, or renewal of the (1) in paragraph (1)— servicer, regulated lending institution, Federal loan referred to in clause (ii)(II) for the prop- (A) by striking ‘‘lending institutions not to agency lender, the Federal National Mortgage erty. make’’ and inserting ‘‘lending institutions— Association, or the Federal Home Loan Mort- ‘‘(ii) EXCLUDED PROPERTIES.—For purposes of ‘‘(A) not to make’’; gage Corporation, at the discretion of such enti- this subparagraph, the term ‘excluded property’ (B) in subparagraph (A), as designated by ty, from requiring the purchase of flood insur- means any improved real estate or mobile subparagraph (A) of this paragraph, by striking ance coverage in connection with the making, home— ‘‘less.’’ and inserting ‘‘less; and’’; and (C) by adding at the end the following new increasing, extending, or renewing of a loan se- ‘‘(I) that is located in an eligible area; and subparagraph: cured by improved real estate or a mobile home ‘‘(II) for which, during the period that any ‘‘(B) to accept private flood insurance as sat- located or to be located in such eligible area extension under subparagraph (A) of this para- isfaction of the flood insurance coverage re- during such period or a lender or servicer from graph of a finding under paragraph (1) is other- quirement under subparagraph (A) if the cov- purchasing coverage on behalf of a borrower wise in effect for the eligible area in which such erage provided by such private flood insurance pursuant to subsection (e). property is located— meets the requirements for coverage under such ‘‘(3) ELIGIBLE AREAS.—An eligible area under ‘‘(aa) a loan that is secured by the property is this paragraph is an area that is designated or originated; or subparagraph.’’; (2) in paragraph (2), by inserting after ‘‘pro- will, pursuant to any issuance, revision, updat- ‘‘(bb) any existing loan that is secured by the vided in paragraph (1).’’ the following new sen- ing, or other change in flood insurance maps property is increased, extended, or renewed. tence: ‘‘Each Federal agency lender shall accept that takes effect on or after the date of the en- ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this private flood insurance as satisfaction of the actment of the Flood Insurance Reform Act of subsection may be construed to affect the appli- flood insurance coverage requirement under the 2012, become designated as an area having spe- cability of a designation of any area as an area preceding sentence if the flood insurance cov- cial flood hazards and that meets any one of the having special flood hazards for purposes of the erage provided by such private flood insurance following 3 requirements: availability of flood insurance coverage, criteria meets the requirements for coverage under such ‘‘(A) AREAS WITH NO HISTORY OF SPECIAL for land management and use, notification of sentence.’’; FLOOD HAZARDS.—The area does not include flood hazards, eligibility for mitigation assist- (3) in paragraph (3), in the matter following any area that has ever previously been des- ance, or any other purpose or provision not spe- subparagraph (B), by adding at the end the fol- ignated as an area having special flood hazards. cifically referred to in paragraph (2). ‘‘(B) AREAS WITH FLOOD PROTECTION SYSTEMS ‘‘(7) REPORTS.—The Administrator shall, in lowing new sentence: ‘‘The Federal National UNDER IMPROVEMENTS.—The area was intended each annual report submitted pursuant to sec- Mortgage Association and the Federal Home to be protected by a flood protection system— tion 1320, include information identifying each Loan Mortgage Corporation shall accept private ‘‘(i) that has been decertified, or is required to finding under paragraph (1) by the Adminis- flood insurance as satisfaction of the flood in- be certified, as providing protection for the 100- trator during the preceding year that an area is surance coverage requirement under the pre- year frequency flood standard; an area having special flood hazards, the basis ceding sentence if the flood insurance coverage ‘‘(ii) that is being improved, constructed, or for each such finding, any extensions pursuant provided by such private flood insurance meets reconstructed; and to paragraph (4) of the periods of effectiveness the requirements for coverage under such sen- ‘‘(iii) for which the Administrator has deter- of such findings, and the reasons for such ex- tence.’’; and mined measurable progress toward completion of tensions.’’. (4) by adding at the end the following new such improvement, construction, reconstruction (2) NO REFUNDS.—Nothing in this subsection paragraph: is being made and toward securing financial or the amendments made by this subsection may ‘‘(5) PRIVATE FLOOD INSURANCE DEFINED.—In commitments sufficient to fund such completion. be construed to authorize or require any pay- this subsection, the term ‘private flood insur- ‘‘(C) AREAS FOR WHICH APPEAL HAS BEEN ment or refund for flood insurance coverage ance’ means a contract for flood insurance cov- FILED.—An area for which a community has ap- purchased for any property that covered any erage allowed for sale under the laws of any pealed designation of the area as having special period during which such coverage is not re- State.’’. flood hazards in a timely manner under section quired for the property pursuant to the applica- SEC. 344. REFORMS OF COVERAGE TERMS. 1363. bility of the amendment made by paragraph (1). (a) MINIMUM DEDUCTIBLES FOR CLAIMS.—Sec- ‘‘(4) EXTENSION OF DELAY.—Upon a request (b) TERMINATION OF FORCE-PLACED INSUR- tion 1312 of the National Flood Insurance Act of submitted by a local government authority hav- ANCE.—Section 102(e) of the Flood Disaster Pro- 1968 (42 U.S.C. 4019) is amended—

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(1) by striking ‘‘The Director is’’ and inserting Administrator shall, by regulation, specify, and ‘‘(1) AUTHORITY.—In addition to any other the following: ‘‘(a) IN GENERAL.—The Adminis- the dollar amount of such adjustment shall be terms and conditions under subsection (a), such trator is’’; and rounded to the next lower dollar; and the Ad- regulations shall provide that, in the case of (2) by adding at the end the following: ministrator shall cause to be published in the any residential property, premiums for flood in- ‘‘(b) MINIMUM ANNUAL DEDUCTIBLES.— Federal Register the adjustments under this surance coverage made available under this title ‘‘(1) SUBSIDIZED RATE PROPERTIES.—For any paragraph to such dollar amount limitations; for such property may be paid in installments. structure that is covered by flood insurance except that in the case of coverage for a prop- ‘‘(2) LIMITATIONS.—In implementing the au- under this title, and for which the chargeable erty that is made available, pursuant to this thority under paragraph (1), the Administrator rate for such coverage is less than the applicable paragraph, in an amount that exceeds the limi- may establish increased chargeable premium estimated risk premium rate under section tation otherwise applicable to such coverage as rates and surcharges, and deny coverage and 1307(a)(1) for the area (or subdivision thereof) in specified in paragraph (2), (3), (4), (5), or (6), establish such other sanctions, as the Adminis- which such structure is located, the minimum the total of such coverage shall be made avail- trator considers necessary to ensure that in- annual deductible for damage to or loss of such able only at chargeable rates that are not less sureds purchase, pay for, and maintain cov- structure shall be $2,000. than the estimated premium rates for such cov- erage for the full term of a contract for flood in- ‘‘(2) ACTUARIAL RATE PROPERTIES.—For any erage determined in accordance with section surance coverage or to prevent insureds from structure that is covered by flood insurance 1307(a)(1).’’. purchasing coverage only for periods during a under this title, for which the chargeable rate (d) OPTIONAL COVERAGE FOR LOSS OF USE OF year when risk of flooding is comparatively for such coverage is not less than the applicable PERSONAL RESIDENCE AND BUSINESS INTERRUP- higher or canceling coverage for periods when estimated risk premium rate under section TION.—Subsection (b) of section 1306 of the Na- such risk is comparatively lower.’’. 1307(a)(1) for the area (or subdivision thereof) in tional Flood Insurance Act of 1968 (42 U.S.C. (f) EFFECTIVE DATE OF POLICIES COVERING which such structure is located, the minimum 4013(b)), as amended by the preceding provisions PROPERTIES AFFECTED BY FLOODS IN annual deductible for damage to or loss of such of this section, is further amended by inserting PROGRESS.—Paragraph (1) of section 1306(c) of structure shall be $1,000.’’. after paragraph (4) the following new para- the National Flood Insurance Act of 1968 (42 (b) CLARIFICATION OF RESIDENTIAL AND COM- graphs: U.S.C. 4013(c)) is amended by adding after the MERCIAL COVERAGE LIMITS.—Section 1306(b) of ‘‘(5) the Administrator may provide that, in period at the end the following: ‘‘With respect to the National Flood Insurance Act of 1968 (42 the case of any residential property, each re- any flood that has commenced or is in progress U.S.C. 4013(b)) is amended— newal or new contract for flood insurance cov- before the expiration of such 30-day period, (1) in paragraph (2)— erage may provide not more than $5,000 aggre- such flood insurance coverage for a property (A) by striking ‘‘in the case of any residential gate liability per dwelling unit for any nec- shall take effect upon the expiration of such 30- property’’ and inserting ‘‘in the case of any res- essary increases in living expenses incurred by day period and shall cover damage to such idential building designed for the occupancy of the insured when losses from a flood make the property occurring after the expiration of such from one to four families’’; and residence unfit to live in, except that— period that results from such flood, but only if (B) by striking ‘‘shall be made available to ‘‘(A) purchase of such coverage shall be at the the property has not suffered damage or loss as every insured upon renewal and every applicant option of the insured; a result of such flood before the expiration of for insurance so as to enable such insured or ‘‘(B) any such coverage shall be made avail- such 30-day period.’’. applicant to receive coverage up to a total able only at chargeable rates that are not less SEC. 345. REFORMS OF PREMIUM RATES. amount (including such limits specified in para- than the estimated premium rates for such cov- (a) INCREASE IN ANNUAL LIMITATION ON PRE- graph (1)(A)(i)) of $250,000’’ and inserting erage determined in accordance with section MIUM INCREASES.—Section 1308(e) of the Na- ‘‘shall be made available, with respect to any 1307(a)(1); and tional Flood Insurance Act of 1968 (42 U.S.C. single such building, up to an aggregate liability ‘‘(C) the Administrator may make such cov- 4015(e)) is amended by striking ‘‘10 percent’’ and (including such limits specified in paragraph erage available only if the Administrator makes inserting ‘‘20 percent’’. (1)(A)(i)) of $250,000’’; and a determination and causes notice of such deter- (b) PHASE-INOFRATES FOR CERTAIN PROP- (2) in paragraph (4)— mination to be published in the Federal Register ERTIES IN NEWLY MAPPED AREAS.— (A) by striking ‘‘in the case of any nonresi- that— (1) IN GENERAL.—Section 1308 of the National ‘‘(i) a competitive private insurance market dential property, including churches,’’ and in- Flood Insurance Act of 1968 (42 U.S.C. 4015) is for such coverage does not exist; and serting ‘‘in the case of any nonresidential build- amended— ‘‘(ii) the national flood insurance program has (A) in subsection (a), in the matter preceding ing, including a church,’’; and the capacity to make such coverage available paragraph (1), by inserting ‘‘or notice’’ after (B) by striking ‘‘shall be made available to without borrowing funds from the Secretary of ‘‘prescribe by regulation’’; every insured upon renewal and every applicant the Treasury under section 1309 or otherwise; (B) in subsection (c), by inserting ‘‘and sub- for insurance, in respect to any single structure, ‘‘(6) the Administrator may provide that, in section (g)’’ before the first comma; and up to a total amount (including such limit speci- the case of any commercial property or other (C) by adding at the end the following new fied in subparagraph (B) or (C) of paragraph residential property, including multifamily rent- subsection: (1), as applicable) of $500,000 for each structure al property, coverage for losses resulting from ‘‘(g) 5-YEAR PHASE-INOFFLOOD INSURANCE and $500,000 for any contents related to each any partial or total interruption of the insured’s RATES FOR CERTAIN PROPERTIES IN NEWLY structure’’ and inserting ‘‘shall be made avail- business caused by damage to, or loss of, such MAPPED AREAS.— able with respect to any single such building, up property from a flood may be made available to ‘‘(1) 5-YEAR PHASE-IN PERIOD.—Notwith- to an aggregate liability (including such limits every insured upon renewal and every appli- standing subsection (c) or any other provision of specified in subparagraph (B) or (C) of para- cant, up to a total amount of $20,000 per prop- law relating to chargeable risk premium rates graph (1), as applicable) of $500,000, and cov- erty, except that— for flood insurance coverage under this title, in erage shall be made available up to a total of ‘‘(A) purchase of such coverage shall be at the the case of any area that was not previously $500,000 aggregate liability for contents owned option of the insured; designated as an area having special flood haz- by the building owner and $500,000 aggregate li- ‘‘(B) any such coverage shall be made avail- ards and that, pursuant to any issuance, revi- ability for each unit within the building for con- able only at chargeable rates that are not less sion, updating, or other change in flood insur- tents owned by the tenant’’. than the estimated premium rates for such cov- ance maps, becomes designated as such an area, (c) INDEXING OF MAXIMUM COVERAGE LIM- erage determined in accordance with section during the 5-year period that begins, except as ITS.—Subsection (b) of section 1306 of the Na- 1307(a)(1); and provided in paragraph (2), upon the date that tional Flood Insurance Act of 1968 (42 U.S.C. ‘‘(C) the Administrator may make such cov- such maps, as issued, revised, updated, or other- 4013(b)) is amended— erage available only if the Administrator makes wise changed, become effective, the chargeable (1) in paragraph (4), by striking ‘‘and’’ at the a determination and causes notice of such deter- premium rate for flood insurance under this title end; mination to be published in the Federal Register with respect to any covered property that is lo- (2) in paragraph (5), by striking the period at that— cated within such area shall be the rate de- the end and inserting ‘‘; and’’; ‘‘(i) a competitive private insurance market scribed in paragraph (3). (3) by redesignating paragraph (5) as para- for such coverage does not exist; and ‘‘(2) APPLICABILITY TO PREFERRED RISK RATE graph (7); and ‘‘(ii) the national flood insurance program has AREAS.—In the case of any area described in (4) by adding at the end the following new the capacity to make such coverage available paragraph (1) that consists of or includes an paragraph: without borrowing funds from the Secretary of area that, as of date of the effectiveness of the ‘‘(8) each of the dollar amount limitations the Treasury under section 1309 or otherwise;’’. flood insurance maps for such area referred to under paragraphs (2), (3), (4), (5), and (6) shall (e) PAYMENT OF PREMIUMS IN INSTALLMENTS in paragraph (1) as so issued, revised, updated, be adjusted effective on the date of the enact- FOR RESIDENTIAL PROPERTIES.—Section 1306 of or changed, is eligible for any reason for pre- ment of the Flood Insurance Reform Act of 2012, the National Flood Insurance Act of 1968 (42 ferred risk rate method premiums for flood in- such adjustments shall be calculated using the U.S.C. 4013) is amended by adding at the end surance coverage and was eligible for such pre- percentage change, over the period beginning on the following new subsection: miums as of the enactment of the Flood Insur- September 30, 1994, and ending on such date of ‘‘(d) PAYMENT OF PREMIUMS IN INSTALLMENTS ance Reform Act of 2012, the 5-year period re- enactment, in such inflationary index as the FOR RESIDENTIAL PROPERTIES.— ferred to in paragraph (1) for such area eligible

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for preferred risk rate method premiums shall ‘‘(6) HOMES WITH MULTIPLE CLAIMS.—Any se- shall not provide flood insurance coverage begin upon the expiration of the period during vere repetitive loss property (as such term is de- under this title for any property for which a which such area is eligible for such preferred fined in section 1366(j)).’’. policy for such coverage for the property has risk rate method premiums. (2) TECHNICAL AMENDMENTS.—Section 1308 of previously lapsed in coverage as a result of the ‘‘(3) PHASE-IN OF FULL ACTUARIAL RATES.— the National Flood Insurance Act of 1968 (42 deliberate choice of the holder of such policy, at With respect to any area described in paragraph U.S.C. 4015) is amended— a rate less than the applicable estimated risk (1), the chargeable risk premium rate for flood (A) in subsection (c)— premium rates for the area (or subdivision there- insurance under this title for a covered property (i) in the matter preceding paragraph (1), by of) in which such property is located.’’. that is located in such area shall be— striking ‘‘the limitations provided under para- (e) RECOGNITION OF STATE AND LOCAL FUND- ‘‘(A) for the first year of the 5-year period re- graphs (1) and (2)’’ and inserting ‘‘subsection ING FOR CONSTRUCTION, RECONSTRUCTION, AND ferred to in paragraph (1), the greater of— (e)’’; and IMPROVEMENT OF FLOOD PROTECTION SYSTEMS ‘‘(i) 20 percent of the chargeable risk premium (ii) in paragraph (1), by striking ‘‘, except’’ IN DETERMINATION OF RATES.— rate otherwise applicable under this title to the and all that follows through ‘‘subsection (e)’’; (1) IN GENERAL.—Section 1307 of the National property; and and Flood Insurance Act of 1968 (42 U.S.C. 4014) is ‘‘(ii) in the case of any property that, as of (B) in subsection (e), by striking ‘‘paragraph amended— the beginning of such first year, is eligible for (2) or (3)’’ and inserting ‘‘paragraph (7)’’. (A) in subsection (e)— (i) in the first sentence, by striking ‘‘construc- preferred risk rate method premiums for flood (3) EFFECTIVE DATE AND TRANSITION.— tion of a flood protection system’’ and inserting insurance coverage, such preferred risk rate (A) EFFECTIVE DATE.—The amendments made method premium for the property; by paragraphs (1) and (2) shall apply beginning ‘‘construction, reconstruction, or improvement ‘‘(B) for the second year of such 5-year pe- upon the expiration of the 12-month period that of a flood protection system (without respect to riod, 40 percent of the chargeable risk premium begins on the date of the enactment of this Act, the level of Federal investment or participa- rate otherwise applicable under this title to the except as provided in subparagraph (B) of this tion)’’; and (ii) in the second sentence— property; paragraph. ‘‘(C) for the third year of such 5-year period, (I) by striking ‘‘construction of a flood protec- (B) TRANSITION FOR PROPERTIES COVERED BY tion system’’ and inserting ‘‘construction, recon- 60 percent of the chargeable risk premium rate FLOOD INSURANCE UPON EFFECTIVE DATE.— otherwise applicable under this title to the prop- struction, or improvement of a flood protection (i) INCREASE OF RATES OVER TIME.—In the system’’; and erty; case of any property described in paragraph (2), ‘‘(D) for the fourth year of such 5-year period, (II) by inserting ‘‘based on the present value (3), (4), (5), or (6) of section 1308(c) of the Na- of the completed system’’ after ‘‘has been ex- 80 percent of the chargeable risk premium rate tional Flood Insurance Act of 1968, as amended otherwise applicable under this title to the prop- pended’’; and by paragraph (1) of this subsection, that, as of (B) in subsection (f)— erty; and the effective date under subparagraph (A) of (i) in the first sentence in the matter preceding ‘‘(E) for the fifth year of such 5-year period, this paragraph, is covered under a policy for paragraph (1), by inserting ‘‘(without respect to 100 percent of the chargeable risk premium rate flood insurance made available under the na- the level of Federal investment or participa- otherwise applicable under this title to the prop- tional flood insurance program for which the tion)’’ before the period at the end; erty. chargeable premium rates are less than the ap- (ii) in the third sentence in the matter pre- ‘‘(4) COVERED PROPERTIES.—For purposes of plicable estimated risk premium rate under sec- ceding paragraph (1), by inserting ‘‘, whether the subsection, the term ‘covered property’ tion 1307(a)(1) of such Act for the area in which coastal or riverine,’’ after ‘‘special flood haz- means any residential property occupied by its the property is located, the Administrator of the ard’’; and owner or a bona fide tenant as a primary resi- Federal Emergency Management Agency shall (iii) in paragraph (1), by striking ‘‘a Federal dence.’’. increase the chargeable premium rates for such agency in consultation with the local project (2) REGULATION OR NOTICE.—The Adminis- property over time to such applicable estimated sponsor’’ and inserting ‘‘the entity or entities trator of the Federal Emergency Management risk premium rate under section 1307(a)(1). that own, operate, maintain, or repair such sys- Agency shall issue an interim final rule or no- (ii) AMOUNT OF ANNUAL INCREASE.—Such in- tem’’. tice to implement this subsection and the amend- crease shall be made by increasing the charge- (2) REGULATIONS.—The Administrator of the ments made by this subsection as soon as prac- able premium rates for the property (after appli- Federal Emergency Management Agency shall ticable after the date of the enactment of this cation of any increase in the premium rates oth- promulgate regulations to implement this sub- Act. erwise applicable to such property), once during section and the amendments made by this sub- (c) PHASE-INOFACTUARIAL RATES FOR CER- the 12-month period that begins upon the effec- section as soon as practicable, but not more TAIN PROPERTIES.— tive date under subparagraph (A) of this para- than 18 months after the date of the enactment (1) IN GENERAL.—Section 1308(c) of the Na- of this Act. Paragraph (3) may not be construed tional Flood Insurance Act of 1968 (42 U.S.C. graph and once every 12 months thereafter until to annul, alter, affect, authorize any waiver of, 4015(c)) is amended— such increase is accomplished, by 20 percent (or or establish any exception to, the requirement (A) by redesignating paragraph (2) as para- such lesser amount as may be necessary so that under the preceding sentence. graph (7); and the chargeable rate does not exceed such appli- (B) by inserting after paragraph (1) the fol- cable estimated risk premium rate or to comply SEC. 346. TECHNICAL MAPPING ADVISORY COUN- CIL. lowing new paragraphs: with clause (iii)). (a) ESTABLISHMENT.—There is established a ‘‘(2) COMMERCIAL PROPERTIES.—Any nonresi- (iii) PROPERTIES SUBJECT TO PHASE-IN AND AN- council to be known as the Technical Mapping dential property. NUAL INCREASES.—In the case of any pre-FIRM Advisory Council (in this section referred to as ‘‘(3) SECOND HOMES AND VACATION HOMES.— property (as such term is defined in section Any residential property that is not the primary 578(b) of the National Flood Insurance Reform the ‘‘Council’’). (b) MEMBERSHIP.— residence of any individual. Act of 1974), the aggregate increase, during any (1) IN GENERAL.—The Council shall consist ‘‘(4) HOMES SOLD TO NEW OWNERS.—Any sin- 12-month period, in the chargeable premium rate for the property that is attributable to this sub- of— gle family property that— (A) the Administrator of the Federal Emer- paragraph or to an increase described in section ‘‘(A) has been constructed or substantially im- gency Management Agency (in this section re- 1308(e) of the National Flood Insurance Act of proved and for which such construction or im- ferred to as the ‘‘Administrator’’), or the des- 1968 may not exceed 20 percent. provement was started, as determined by the ignee thereof; ULL ACTUARIAL RATES.—The provisions Administrator, before December 31, 1974, or be- (iv) F (B) the Director of the United States Geologi- of paragraphs (2), (3), (4), (5), and (6) of such fore the effective date of the initial rate map cal Survey of the Department of the Interior, or section 1308(c) shall apply to such a property published by the Administrator under para- the designee thereof; graph (2) of section 1360(a) for the area in upon the accomplishment of the increase under (C) the Under Secretary of Commerce for which such property is located, whichever is this subparagraph and thereafter. Oceans and Atmosphere, or the designee there- later; and (d) PROHIBITION OF EXTENSION OF SUBSIDIZED of; ‘‘(B) is purchased after the effective date of RATES TO LAPSED POLICIES.—Section 1308 of the (D) the commanding officer of the United this paragraph, pursuant to section 345(c)(3)(A) National Flood Insurance Act of 1968 (42 U.S.C. States Army Corps of Engineers, or the designee of the Flood Insurance Reform Act of 2012. 4015), as amended by the preceding provisions of thereof; ‘‘(5) HOMES DAMAGED OR IMPROVED.—Any this subtitle, is further amended— (E) the chief of the Natural Resources Con- property that, on or after the date of the enact- (1) in subsection (e), by inserting ‘‘or sub- servation Service of the Department of Agri- ment of the Flood Insurance Reform Act of 2012, section (h)’’ after ‘‘subsection (c)’’; and culture, or the designee thereof; has experienced or sustained— (2) by adding at the end the following new (F) the Director of the United States Fish and ‘‘(A) substantial flood damage exceeding 50 subsection: Wildlife Service of the Department of the Inte- percent of the fair market value of such prop- ‘‘(h) PROHIBITION OF EXTENSION OF SUB- rior, or the designee thereof; erty; or SIDIZED RATES TO LAPSED POLICIES.—Notwith- (G) the Assistant Administrator for Fisheries ‘‘(B) substantial improvement exceeding 30 standing any other provision of law relating to of the National Oceanic and Atmospheric Ad- percent of the fair market value of such prop- chargeable risk premium rates for flood insur- ministration of the Department of Commerce, or erty. ance coverage under this title, the Administrator the designee thereof; and

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6573 (H) 14 additional members to be appointed by (E) consider how to incorporate restored wet- insurance rate maps in effect for the national the Administrator of the Federal Emergency lands and other natural buffers into flood insur- flood insurance program only pursuant to a let- Management Agency, who shall be— ance rate maps, which may include wetlands, ter of map change (including a letter of map (i) an expert in data management; groundwater recharge areas, erosion zones, me- amendment, letter of map revision, and letter of (ii) an expert in real estate; ander belts, endangered species habitat, barrier map revision based on fill). (iii) an expert in insurance; islands and shoreline buffer features, riparian SEC. 347. FEMA INCORPORATION OF NEW MAP- (iv) a member of a recognized regional flood forests, and other features; PING PROTOCOLS. and storm water management organization; (F) consider whether to use vertical posi- (a) NEW RATE MAPPING STANDARDS.—Not (v) a representative of a State emergency man- tioning (as defined by the Administrator) for later than the expiration of the 6-month period agement agency or association or organization flood insurance rate maps; beginning upon submission by the Technical for such agencies; (G) ensure that flood insurance rate maps dif- Mapping Advisory Council under section 346 of (vi) a member of a recognized professional sur- ferentiate between a property that is located in the proposed new mapping standards for flood veying association or organization; a flood zone and a structure located on such insurance rate maps used under the national (vii) a member of a recognized professional property that is not at the same risk level for flood insurance program developed by the Coun- mapping association or organization; flooding as such property due to the elevation of cil pursuant to section 346(c), the Administrator (viii) a member of a recognized professional the structure; of the Federal Emergency Management Agency engineering association or organization; (H) ensure that flood insurance rate maps (in this section referred to as the ‘‘Adminis- (ix) a member of a recognized professional as- take into consideration the best scientific data trator’’) shall establish new standards for such sociation or organization representing flood and potential future conditions (including pro- rate maps based on such proposed new stand- hazard determination firms; jections for sea level rise); and ards and the recommendations of the Council. (x) a representative of State national flood in- (I) consider how to incorporate the new stand- (b) REQUIREMENTS.—The new standards for surance coordination offices; ards proposed pursuant to this paragraph in ex- flood insurance rate maps established by the (xi) representatives of two local governments, isting mapping efforts. Administrator pursuant to subsection (a) shall— (1) delineate and include in any such rate at least one of whom is a local levee flood man- (2) ONGOING DUTIES.—The Council shall, on maps— ager or executive, designated by the Federal an ongoing basis, review the mapping protocols (A) all areas located within the 100-year flood Emergency Management Agency as Cooperating developed pursuant to paragraph (1), and make plain; and Technical Partners; and recommendations to the Administrator when the (B) areas subject to graduated and other risk (xii) representatives of two State governments Council determines that mapping protocols levels, to the maximum extent possible; designated by the Federal Emergency Manage- should be altered. (2) ensure that any such rate maps— ment Agency as Cooperating Technical States. (3) MEETINGS.—In carrying out its duties (A) include levees, including decertified levees, (2) QUALIFICATIONS.—Members of the Council under this section, the Council shall consult and the level of protection they confer; shall be appointed based on their demonstrated with stakeholders through at least 4 public (B) reflect current land use and topography knowledge and competence regarding surveying, meetings annually, and shall seek input of all and incorporate the most current and accurate cartography, remote sensing, geographic infor- stakeholder interests including State and local ground level data; mation systems, or the technical aspects of pre- representatives, environmental and conservation (C) take into consideration the impacts and paring and using flood insurance rate maps. In organizations, insurance industry representa- use of fill and the flood risks associated with al- appointing members under paragraph (1)(H), tives, advocacy groups, planning organizations, tered hydrology; the Administrator shall ensure that the member- and mapping organizations. (D) differentiate between a property that is lo- ship of the Council has a balance of Federal, (d) PROHIBITION ON COMPENSATION.—Members cated in a flood zone and a structure located on State, local, and private members, and includes of the Council shall receive no additional com- such property that is not at the same risk level an adequate number of representatives from the pensation by reason of their service on the for flooding as such property due to the ele- States with coastline on the Gulf of Mexico and Council. vation of the structure; (E) identify and incorporate natural features other States containing areas identified by the (e) CHAIRPERSON.—The Administrator shall and their associated flood protection benefits Administrator of the Federal Emergency Man- serve as the Chairperson of the Council. into mapping and rates; and agement Agency as at high-risk for flooding or (f) STAFF.— (F) identify, analyze, and incorporate the im- special flood hazard areas. (1) FEMA.—Upon the request of the Council, pact of significant changes to building and de- (c) DUTIES.— the Administrator may detail, on a nonreimburs- velopment throughout any river or costal water (1) NEW MAPPING STANDARDS.—Not later than able basis, personnel of the Federal Emergency system, including all tributaries, which may im- the expiration of the 12-month period beginning Management Agency to assist the Council in pact flooding in areas downstream; and upon the date of the enactment of this Act, the carrying out its duties. (3) provide that such rate maps are developed Council shall develop and submit to the Admin- (2) OTHER FEDERAL AGENCIES.—Upon request on a watershed basis. istrator and the Congress proposed new map- of the Council, any other Federal agency that is (c) REPORT.—If, in establishing new standards ping standards for 100-year flood insurance rate a member of the Council may detail, on a non- for flood insurance rate maps pursuant to sub- maps used under the national flood insurance reimbursable basis, personnel to assist the Coun- section (a) of this section, the Administrator program under the National Flood Insurance cil in carrying out its duties. does not implement all of the recommendations Act of 1968. In developing such proposed stand- (g) POWERS.—In carrying out this section, the of the Council made under the proposed new ards the Council shall— Council may hold hearings, receive evidence and mapping standards developed by the Council (A) ensure that the flood insurance rate maps assistance, provide information, and conduct re- pursuant to section 346(c), upon establishment reflect true risk, including graduated risk that search, as the Council considers appropriate. of the new standards the Administrator shall better reflects the financial risk to each prop- (h) TERMINATION.—The Council shall termi- submit a report to the Committee on Financial erty; such reflection of risk should be at the nate upon the expiration of the 5-year period Services of the House of Representatives and the smallest geographic level possible (but not nec- beginning on the date of the enactment of this Committee on Banking, Housing, and Urban Af- essarily property-by-property) to ensure that Act. fairs of the Senate specifying which such rec- communities are mapped in a manner that takes (i) MORATORIUM ON FLOOD MAP CHANGES.— ommendations were not adopted and explaining into consideration different risk levels within (1) MORATORIUM.—Except as provided in the reasons such recommendations were not the community; paragraph (2) and notwithstanding any other adopted. (B) ensure the most efficient generation, dis- provision of this subtitle, the National Flood In- (d) IMPLEMENTATION.—The Administrator play, and distribution of flood risk data, models, surance Act of 1968, or the Flood Disaster Pro- shall, not later than the expiration of the 6- and maps where practicable through dynamic tection Act of 1973, during the period beginning month period beginning upon establishment of digital environments using spatial database upon the date of the enactment of this Act and the new standards for flood insurance rate maps technology and the Internet; ending upon the submission by the Council to pursuant to subsection (a) of this section, com- (C) ensure that flood insurance rate maps re- the Administrator and the Congress of the pro- mence use of the new standards and updating of flect current hydrologic and hydraulic data, posed new mapping standards required under flood insurance rate maps in accordance with current land use, and topography, incor- subsection (c)(1), the Administrator may not the new standards. Not later than the expira- porating the most current and accurate ground make effective any new or updated rate maps tion of the 10-year period beginning upon the and bathymetric elevation data; for flood insurance coverage under the national establishment of such new standards, the Ad- (D) determine the best ways to include in such flood insurance program that were not in effect ministrator shall complete updating of all flood flood insurance rate maps levees, decertified lev- for such program as of such date of enactment, insurance rate maps in accordance with the new ees, and areas located below dams, including de- or otherwise revise, update, or change the flood standards, subject to the availability of suffi- termining a methodology for ensuring that de- insurance rate maps in effect for such program cient amounts for such activities provided in ap- certified levees and other protections are in- as of such date. propriation Acts. cluded in flood insurance rate maps and their (2) LETTERS OF MAP CHANGE.—During the pe- (e) TEMPORARY SUSPENSION OF MANDATORY corresponding flood zones reflect the level of riod described in paragraph (1), the Adminis- PURCHASE REQUIREMENT FOR CERTAIN PROP- protection conferred; trator may revise, update, and change the flood ERTIES.—

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(1) SUBMISSION OF ELEVATION CERTIFICATE.— (b) PRIVATE RISK-MANAGEMENT INITIATIVES.— (d) ASSESSMENT OF CLAIMS-PAYING ABILITY.— Subject to paragraphs (2) and (3) of this sub- (1) AUTHORITY.—The Administrator of the (1) ASSESSMENT.—Not later than September 30 section, subsections (a), (b), and (e) of section Federal Emergency Management Agency may of each year, the Administrator of the Federal 102 of the Flood Disaster Protection Act of 1973 carry out such private risk-management initia- Emergency Management Agency shall conduct (42 U.S.C. 4012a), and section 202(a) of such Act, tives under the national flood insurance pro- an assessment of the claims-paying ability of the shall not apply to a property located in an area gram as the Administrator considers appropriate national flood insurance program, including the designated as having a special flood hazard if to determine the capacity of private insurers, re- program’s utilization of private sector reinsur- the owner of such property submits to the Ad- insurers, and financial markets to assist commu- ance and reinsurance equivalents, with and ministrator an elevation certificate for such nities, on a voluntary basis only, in managing without reliance on borrowing authority under property showing that the lowest level of the the full range of financial risks associated with section 1309 of the National Flood Insurance Act primary residence on such property is at an ele- flooding. of 1968 (42 U.S.C. 4016). In conducting the as- vation that is at least three feet higher than the (2) ASSESSMENT.—Not later than the expira- sessment, the Administrator shall take into con- elevation of the 100-year flood plain. tion of the 12-month period beginning on the sideration regional concentrations of coverage (2) REVIEW OF CERTIFICATE.—The Adminis- date of the enactment of this Act, the Adminis- written by the program, peak flood zones, and trator shall accept as conclusive each elevation trator shall assess the capacity of the private re- relevant mitigation measures. certificate submitted under paragraph (1) unless insurance, capital, and financial markets by (2) REPORT.—The Administrator shall submit the Administrator conducts a subsequent ele- seeking proposals to assume a portion of the a report to the Congress of the results of each vation survey and determines that the lowest program’s insurance risk and submit to the Con- such assessment, and make such report avail- level of the primary residence on the property in gress a report describing the response to such re- able to the public, not later than 30 days after question is not at an elevation that is at least quest for proposals and the results of such as- completion of the assessment. three feet higher than the elevation of the 100- sessment. SEC. 350. FEMA ANNUAL REPORT ON INSURANCE year flood plain. The Administrator shall pro- (3) PROTOCOL FOR RELEASE OF DATA.—The PROGRAM. vide any such subsequent elevation survey to Administrator shall develop a protocol to pro- Section 1320 of the National Flood Insurance the owner of such property. vide for the release of data sufficient to conduct Act of 1968 (42 U.S.C. 4027) is amended— (3) DETERMINATIONS FOR PROPERTIES ON BOR- the assessment required under paragraph (2). (1) in the section heading, by striking ‘‘RE- DERS OF SPECIAL FLOOD HAZARD AREAS.— (c) REINSURANCE.—The National Flood Insur- PORT TO THE PRESIDENT’’ and inserting ‘‘ANNUAL (A) EXPEDITED DETERMINATION.—In the case ance Act of 1968 is amended— REPORT TO CONGRESS’’; of any survey for a property submitted to the (1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), (2) in subsection (a)— Administrator pursuant to paragraph (1) show- by inserting ‘‘, including as reinsurance of in- (A) by striking ‘‘biennially’’; ing that a portion of the property is located surance coverage provided by the flood insur- (B) by striking ‘‘the President for submission within an area having special flood hazards ance program’’ before ‘‘, on such terms’’; to’’; and and that a structure located on the property is (2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), (C) by inserting ‘‘not later than June 30 of not located within such area having special by inserting ‘‘or reinsurance’’ after ‘‘flood in- each year’’ before the period at the end; flood hazards, the Administrator shall expedi- surance coverage’’; (3) in subsection (b), by striking ‘‘biennial’’ tiously process any request made by an owner of (3) in section 1335(a) (42 U.S.C. 4055(a))— and inserting ‘‘annual’’; and the property for a determination pursuant to (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and (4) by adding at the end the following new paragraph (2) or a determination of whether the (B) by adding at the end the following new subsection: structure is located within the area having spe- paragraph: ‘‘(c) FINANCIAL STATUS OF PROGRAM.—The re- cial flood hazards. ‘‘(2) The Administrator is authorized to secure port under this section for each year shall in- (B) PROHIBITION OF FEE.—If the Adminis- reinsurance coverage of coverage provided by clude information regarding the financial status trator determines pursuant to subparagraph (A) the flood insurance program from private mar- of the national flood insurance program under that the structure on the property is not located ket insurance, reinsurance, and capital market this title, including a description of the finan- within the area having special flood hazards, sources at rates and on terms determined by the cial status of the National Flood Insurance the Administrator shall not charge a fee for re- Administrator to be reasonable and appropriate Fund and current and projected levels of claims, viewing the flood hazard data and shall not re- in an amount sufficient to maintain the ability premium receipts, expenses, and borrowing quire the owner to provide any additional ele- of the program to pay claims and that minimizes under the program.’’. vation data. the likelihood that the program will utilize the SEC. 351. MITIGATION ASSISTANCE. (C) SIMPLIFICATION OF REVIEW PROCESS.—The borrowing authority provided under section (a) MITIGATION ASSISTANCE GRANTS.—Section Administrator shall collaborate with private sec- 1309.’’; 1366 of the National Flood Insurance Act of 1968 tor flood insurers to simplify the review process (4) in section 1346(a) (12 U.S.C. 4082(a))— (42 U.S.C. 4104c) is amended— for properties described in subparagraph (A) (A) in the matter preceding paragraph (1), by (1) in subsection (a), by striking the last sen- and to ensure that the review process provides inserting ‘‘, or for purposes of securing reinsur- tence and inserting the following: ‘‘Such finan- for accurate determinations. ance of insurance coverage provided by the pro- cial assistance shall be made available— (4) TERMINATION OF AUTHORITY.—This sub- gram,’’ before ‘‘of any or all of’’; ‘‘(1) to States and communities in the form of section shall cease to apply to a property on the (B) in paragraph (1)— grants under this section for carrying out miti- date on which the Administrator updates the (i) by striking ‘‘estimating’’ and inserting ‘‘Es- gation activities; flood insurance rate map that applies to such timating’’; and ‘‘(2) to States and communities in the form of property in accordance with the requirements of (ii) by striking the semicolon at the end and grants under this section for carrying out miti- subsection (d). inserting a period; gation activities that reduce flood damage to se- SEC. 348. TREATMENT OF LEVEES. (C) in paragraph (2)— vere repetitive loss structures; and Section 1360 of the National Flood Insurance (i) by striking ‘‘receiving’’ and inserting ‘‘Re- ‘‘(3) to property owners in the form of direct Act of 1968 (42 U.S.C. 4101) is amended by add- ceiving’’; and grants under this section for carrying out miti- ing at the end the following new subsection: (ii) by striking the semicolon at the end and gation activities that reduce flood damage to in- ‘‘(k) TREATMENT OF LEVEES.—The Adminis- inserting a period; dividual structures for which 2 or more claim trator may not issue flood insurance maps, or (D) in paragraph (3)— payments for losses have been made under flood make effective updated flood insurance maps, (i) by striking ‘‘making’’ and inserting ‘‘Mak- insurance coverage under this title if the Ad- that omit or disregard the actual protection af- ing’’; and ministrator, after consultation with the State forded by an existing levee, floodwall, pump or (ii) by striking ‘‘; and’’ and inserting a period; and community, determines that neither the other flood protection feature, regardless of the (E) in paragraph (4)— State nor community in which such a structure accreditation status of such feature.’’. (i) by striking ‘‘otherwise’’ and inserting is located has the capacity to manage such SEC. 349. PRIVATIZATION INITIATIVES. ‘‘Otherwise’’; and grants.’’. (a) FEMA AND GAO REPORTS.—Not later than (ii) by redesignating such paragraph as para- (2) by striking subsection (b); the expiration of the 18-month period beginning graph (5); and (3) in subsection (c)— on the date of the enactment of this Act, the Ad- (F) by inserting after paragraph (3) the fol- (A) by striking ‘‘flood risk’’ and inserting ministrator of the Federal Emergency Manage- lowing new paragraph: ‘‘multi-hazard’’; ment Agency and the Comptroller General of the ‘‘(4) Placing reinsurance coverage on insur- (B) by striking ‘‘provides protection against’’ United States shall each conduct a separate ance provided by such program.’’; and and inserting ‘‘examines reduction of’’; and study to assess a broad range of options, meth- (5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), (C) by redesignating such subsection as sub- ods, and strategies for privatizing the national by inserting before the semicolon at the end the section (b); flood insurance program and shall each submit following: ‘‘, is subject to the reporting require- (4) by striking subsection (d); a report to the Committee on Financial Services ments of the Securities Exchange Act of 1934, (5) in subsection (e)— of the House of Representatives and the Com- pursuant to section 13(a) or 15(d) of such Act (15 (A) in paragraph (1), by striking the para- mittee on Banking, Housing, and Urban Affairs U.S.C. 78m(a), 78o(d)), or is authorized by the graph designation and all that follows through of the Senate with recommendations for the best Administrator to assume reinsurance on risks the end of the first sentence and inserting the manner to accomplish such privatization. insured by the flood insurance program’’. following:

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‘‘(1) REQUIREMENT OF CONSISTENCY WITH AP- (E) by redesignating such subsection as sub- ‘‘(ii) for which at least 2 separate claims pay- PROVED MITIGATION PLAN.—Amounts provided section (c); ments have been made under such coverage, under this section may be used only for mitiga- (6) by striking subsections (f), (g), and (h) and with the cumulative amount of such claims ex- tion activities that are consistent with mitiga- inserting the following new subsection: ceeding the value of the insured structure.’’. tion plans that are approved by the Adminis- ‘‘(d) MATCHING REQUIREMENT.—The Adminis- (b) ELIMINATION OF GRANTS PROGRAM FOR RE- trator and identified under subparagraph (4).’’; trator may provide grants for eligible mitigation PETITIVE INSURANCE CLAIMS PROPERTIES.— (B) by striking paragraphs (2), (3), and (4) activities as follows: Chapter I of the National Flood Insurance Act and inserting the following new paragraphs: ‘‘(1) SEVERE REPETITIVE LOSS STRUCTURES.—In of 1968 is amended by striking section 1323 (42 ‘‘(2) REQUIREMENTS OF TECHNICAL FEASI- the case of mitigation activities to severe repet- U.S.C. 4030). BILITY, COST EFFECTIVENESS, AND INTEREST OF itive loss structures, in an amount up to 100 per- (c) ELIMINATION OF PILOT PROGRAM FOR NFIF.—The Administrator may approve only cent of all eligible costs. MITIGATION OF SEVERE REPETITIVE LOSS PROP- mitigation activities that the Administrator de- ‘‘(2) REPETITIVE LOSS STRUCTURES.—In the ERTIES.—Chapter III of the National Flood In- termines are technically feasible and cost-effec- case of mitigation activities to repetitive loss surance Act of 1968 is amended by striking sec- tive and in the interest of, and represent savings structures, in an amount up to 90 percent of all tion 1361A (42 U.S.C. 4102a). to, the National Flood Insurance Fund. In mak- eligible costs. (d) NATIONAL FLOOD INSURANCE FUND.—Sec- ing such determinations, the Administrator shall ‘‘(3) OTHER MITIGATION ACTIVITIES.— In the tion 1310(a) of the National Flood Insurance Act take into consideration recognized benefits that case of all other mitigation activities, in an of 1968 (42 U.S.C. 4017(a)) is amended— are difficult to quantify. amount up to 75 percent of all eligible costs.’’; (1) in paragraph (7), by inserting ‘‘and’’ after ‘‘(3) PRIORITY FOR MITIGATION ASSISTANCE.— (7) in subsection (i)— the semicolon; and In providing grants under this section for miti- (A) in paragraph (2)— (2) by striking paragraphs (8) and (9). (e) NATIONAL FLOOD MITIGATION FUND.—Sec- gation activities, the Administrator shall give (i) by striking ‘‘certified under subsection (g)’’ tion 1367 of the National Flood Insurance Act of priority for funding to activities that the Admin- and inserting ‘‘required under subsection (d)’’; istrator determines will result in the greatest 1968 (42 U.S.C. 4104d) is amended— and (1) in subsection (b)— savings to the National Flood Insurance Fund, (ii) by striking ‘‘3 times the amount’’ and in- (A) by striking paragraph (1) and inserting including activities for— serting ‘‘the amount’’; and the following new paragraph: ‘‘(A) severe repetitive loss structures; (B) by redesignating such subsection as sub- ‘‘(1) in each fiscal year, from the National ‘‘(B) repetitive loss structures; and section (e); Flood Insurance Fund in amounts not exceeding ‘‘(C) other subsets of structures as the Admin- (8) in subsection (j)— $90,000,000 to remain available until expended, istrator may establish.’’; (A) by striking ‘‘Riegle Community Develop- of which— (C) in paragraph (5)— ment and Regulatory Improvement Act of 1994’’ (i) by striking all of the matter that precedes ‘‘(A) not more than $40,000,000 shall be avail- and inserting ‘‘Flood Insurance Reform Act of able pursuant to subsection (a) of this section subparagraph (A) and inserting the following: 2012’’; ‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activities only for assistance described in section (B) by redesignating such subsection as sub- may include—’’; 1366(a)(1); section (f); and (ii) by striking subparagraphs (E) and (H); ‘‘(B) not more than $40,000,000 shall be avail- (9) by striking subsections (k) and (m) and in- (iii) by redesignating subparagraphs (D), (F), able pursuant to subsection (a) of this section serting the following new subsections: and (G) as subparagraphs (E), (G), and (H); only for assistance described in section (iv) by inserting after subparagraph (C) the ‘‘(g) FAILURE TO MAKE GRANT AWARD WITHIN 1366(a)(2); and following new subparagraph: 5 YEARS.—For any application for a grant ‘‘(C) not more than $10,000,000 shall be avail- ‘‘(D) elevation, relocation, and floodproofing under this section for which the Administrator able pursuant to subsection (a) of this section of utilities (including equipment that serve fails to make a grant award within 5 years of only for assistance described in section structures);’’; the date of application, the grant application 1366(a)(3).’’. (v) by inserting after subparagraph (E), as so shall be considered to be denied and any fund- (B) in paragraph (3), by striking ‘‘section redesignated by clause (iii) of this subpara- ing amounts allocated for such grant applica- 1366(i)’’ and inserting ‘‘section 1366(e)’’; graph, the following new subparagraph: tions shall remain in the National Flood Mitiga- (2) in subsection (c), by striking ‘‘sections 1366 ‘‘(F) the development or update of State, tion Fund under section 1367 of this title and and 1323’’ and inserting ‘‘section 1366’’; (3) by redesignating subsections (d) and (e) as local, or Indian tribal mitigation plans which shall be made available for grants under this subsections (f) and (g), respectively; and meet the planning criteria established by the section. (4) by inserting after subsection (c) the fol- Administrator, except that the amount from ‘‘(h) LIMITATION ON FUNDING FOR MITIGATION lowing new subsections: grants under this section that may be used ACTIVITIES FOR SEVERE REPETITIVE LOSS STRUC- ‘‘(d) PROHIBITION ON OFFSETTING COLLEC- under this subparagraph may not exceed $50,000 TURES.—The amount used pursuant to section 1310(a)(8) in any fiscal year may not exceed TIONS.—Notwithstanding any other provision of for any mitigation plan of a State or $25,000 for this title, amounts made available pursuant to any mitigation plan of a local government or In- $40,000,000 and shall remain available until ex- pended. this section shall not be subject to offsetting col- dian tribe;’’; lections through premium rates for flood insur- (vi) in subparagraph (H); as so redesignated ‘‘(i) DEFINITIONS.—For purposes of this sec- tion, the following definitions shall apply: ance coverage under this title. by clause (iii) of this subparagraph, by striking ‘‘(e) CONTINUED AVAILABILITY AND REALLOCA- ‘‘(1) COMMUNITY.—The term ‘community’ ‘‘and’’ at the end; and TION.—Any amounts made available pursuant to (vii) by adding at the end the following new means— ‘‘(A) a political subdivision that— subparagraph (A), (B), or (C) of subsection subparagraphs: (b)(1) that are not used in any fiscal year shall ‘‘(I) other mitigation activities not described ‘‘(i) has zoning and building code jurisdiction continue to be available for the purposes speci- in subparagraphs (A) through (G) or the regula- over a particular area having special flood haz- fied in such subparagraph of subsection (b)(1) tions issued under subparagraph (H), that are ards, and pursuant to which such amounts were made described in the mitigation plan of a State, com- ‘‘(ii) is participating in the national flood in- available, unless the Administrator determines munity, or Indian tribe; and surance program; or that reallocation of such unused amounts to ‘‘(J) personnel costs for State staff that pro- ‘‘(B) a political subdivision of a State, or meet demonstrated need for other mitigation ac- vide technical assistance to communities to iden- other authority, that is designated by political tivities under section 1366 is in the best interest tify eligible activities, to develop grant applica- subdivisions, all of which meet the requirements of the National Flood Insurance Fund.’’. tions, and to implement grants awarded under of subparagraph (A), to administer grants for (f) INCREASED COST OF COMPLIANCE COV- this section, not to exceed $50,000 per State in mitigation activities for such political subdivi- ERAGE.—Section 1304(b)(4) of the National Flood sions. any Federal fiscal year, so long as the State ap- Insurance Act of 1968 (42 U.S.C. 4011(b)(4)) is ‘‘(2) REPETITIVE LOSS STRUCTURE.—The term plied for and was awarded at least $1,000,000 in amended— grants available under this section in the prior ‘repetitive loss structure’ has the meaning given (1) by striking subparagraph (B); and Federal fiscal year; the requirements of sub- such term in section 1370. (2) by redesignating subparagraphs (C), (D), sections (d)(1) and (d)(2) shall not apply to the ‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.— and (E) as subparagraphs (B), (C), and (D), re- activity under this subparagraph.’’; The term ‘severe repetitive loss structure’ means spectively. (D) by adding at the end the following new a structure that— SEC. 352. NOTIFICATION TO HOMEOWNERS RE- paragraph: ‘‘(A) is covered under a contract for flood in- GARDING MANDATORY PURCHASE ‘‘(6) ELIGIBILITY OF DEMOLITION AND REBUILD- surance made available under this title; and REQUIREMENT APPLICABILITY AND ING OF PROPERTIES.—The Administrator shall ‘‘(B) has incurred flood-related damage— RATE PHASE-INS. consider as an eligible activity the demolition ‘‘(i) for which 4 or more separate claims pay- Section 201 of the Flood Disaster Protection and rebuilding of properties to at least base ments have been made under flood insurance Act of 1973 (42 U.S.C. 4105) is amended by add- flood elevation or greater, if required by the Ad- coverage under this title, with the amount of ing at the end the following new subsection: ministrator or if required by any State regula- each such claim exceeding $15,000, and with the ‘‘(f) ANNUAL NOTIFICATION.—The Adminis- tion or local ordinance, and in accordance with cumulative amount of such claims payments ex- trator, in consultation with affected commu- criteria established by the Administrator.’’; and ceeding $60,000; or nities, shall establish and carry out a plan to

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6576 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 notify residents of areas having special flood ‘‘(C) the mailing address and phone number of SEC. 357. NOTICE OF AVAILABILITY OF FLOOD IN- hazards, on an annual basis— a person the owner may contact for more infor- SURANCE AND ESCROW IN RESPA ‘‘(1) that they reside in such an area; mation or to initiate an appeal; and’’. GOOD FAITH ESTIMATE. ‘‘(2) of the geographical boundaries of such Subsection (c) of section 5 of the Real Estate SEC. 355. NOTIFICATION TO TENANTS OF AVAIL- Settlement Procedures Act of 1974 (12 U.S.C. area; ABILITY OF CONTENTS INSURANCE. ‘‘(3) of whether section 1308(g) of the National 2604(c)) is amended by adding at the end the fol- Flood Insurance Act of 1968 applies to properties The National Flood Insurance Act of 1968 is lowing new sentence: ‘‘Each such good faith es- within such area; amended by inserting after section 1308 (42 timate shall include the following conspicuous ‘‘(4) of the provisions of section 102 requiring U.S.C. 4015) the following new section: statements and information: (1) that flood insur- purchase of flood insurance coverage for prop- ‘‘SEC. 1308A. NOTIFICATION TO TENANTS OF ance coverage for residential real estate is gen- erties located in such an area, including the AVAILABILITY OF CONTENTS INSUR- erally available under the national flood insur- date on which such provisions apply with re- ANCE. ance program whether or not the real estate is spect to such area, taking into consideration ‘‘(a) IN GENERAL.—The Administrator shall, located in an area having special flood hazards section 102(i); and upon entering into a contract for flood insur- and that, to obtain such coverage, a home ‘‘(5) of a general estimate of what similar ance coverage under this title for any prop- owner or purchaser should contact the national homeowners in similar areas typically pay for erty— flood insurance program; (2) a telephone num- flood insurance coverage, taking into consider- ‘‘(1) provide to the insured sufficient copies of ber and a location on the Internet by which a ation section 1308(g) of the National Flood In- the notice developed pursuant to subsection (b); home owner or purchaser can contact the na- surance Act of 1968.’’. and tional flood insurance program; and (3) that the SEC. 353. NOTIFICATION TO MEMBERS OF CON- ‘‘(2) require the insured to provide a copy of escrowing of flood insurance payments is re- GRESS OF FLOOD MAP REVISIONS the notice, or otherwise provide notification of quired for many loans under section 102(d) of AND UPDATES. Section 1360 of the National Flood Insurance the information under subsection (b) in the the Flood Disaster Protection Act of 1973, and Act of 1968 (42 U.S.C. 4101), as amended by the manner that the manager or landlord deems may be a convenient and available option with most appropriate, to each such tenant and to preceding provisions of this subtitle, is further respect to other loans.’’. each new tenant upon commencement of such a amended by adding at the end the following SEC. 358. REIMBURSEMENT FOR COSTS IN- tenancy. CURRED BY HOMEOWNERS AND new subsection: COMMUNITIES OBTAINING LETTERS OTIFICATION TO EMBERS OF ONGRESS ‘‘(b) NOTICE.—Notice to a tenant of a property ‘‘(l) N M C OF MAP AMENDMENT OR REVISION. OF MAP MODERNIZATION.—Upon any revision or in accordance with this subsection is written no- tice that clearly informs a tenant— (a) IN GENERAL.—Section 1360 of the National update of any floodplain area or flood-risk zone Flood Insurance Act of 1968 (42 U.S.C. 4101), as pursuant to subsection (f), any decision pursu- ‘‘(1) whether the property is located in an area having special flood hazards; amended by the preceding provisions of this sub- ant to subsection (f)(1) that such revision or up- title, is further amended by adding at the end ‘‘(2) that flood insurance coverage is available date is necessary, any issuance of preliminary the following new subsection: under the national flood insurance program maps for such revision or updating, or any other ‘‘(m) REIMBURSEMENT.— significant action relating to any such revision under this title for contents of the unit or struc- ‘‘(1) REQUIREMENT UPON BONA FIDE ERROR.— or update, the Administrator shall notify the ture leased by the tenant; If an owner of any property located in an area Senators for each State affected, and each Mem- ‘‘(3) of the maximum amount of such coverage described in section 102(i)(3) of the Flood Dis- ber of the House of Representatives for each for contents available under this title at that aster Protection Act of 1973, or a community in congressional district affected, by such revision time; and which such a property is located, obtains a let- or update in writing of the action taken.’’. ‘‘(4) of where to obtain information regarding ter of map amendment, or a letter of map revi- SEC. 354. NOTIFICATION AND APPEAL OF MAP how to obtain such coverage, including a tele- sion, due to a bona fide error on the part of the CHANGES; NOTIFICATION TO COM- phone number, mailing address, and Internet Administrator of the Federal Emergency Man- MUNITIES OF ESTABLISHMENT OF site of the Administrator where such informa- agement Agency, the Administrator shall reim- FLOOD ELEVATIONS. tion is available.’’. Section 1363 of the National Flood Insurance burse such owner, or such entity or jurisdiction Act of 1968 (42 U.S.C. 4104) is amended by strik- SEC. 356. NOTIFICATION TO POLICY HOLDERS RE- acting on such owner’s behalf, or such commu- ing the section designation and all that follows GARDING DIRECT MANAGEMENT OF nity, as applicable, for any reasonable costs in- POLICY BY FEMA. through the end of subsection (a) and inserting curred in obtaining such letter. ‘‘(2) REASONABLE COSTS.—The Administrator the following: Part C of chapter II of the National Flood In- ‘‘SEC. 1363. (a) In establishing projected flood surance Act of 1968 (42 U.S.C. 4081 et seq.) is shall, by regulation or notice, determine a rea- elevations for land use purposes with respect to amended by adding at the end the following sonable amount of costs to be reimbursed under any community pursuant to section 1361, the new section: paragraph (1), except that such costs shall not Administrator shall first propose such deter- ‘‘SEC. 1349. NOTIFICATION TO POLICY HOLDERS include legal or attorneys fees. In determining minations— REGARDING DIRECT MANAGEMENT the reasonableness of costs, the Administrator ‘‘(1) by providing the chief executive officer of OF POLICY BY FEMA. shall only consider the actual costs to the owner each community affected by the proposed ele- ‘‘(a) NOTIFICATION.—Not later than 60 days or community, as applicable, of utilizing the vations, by certified mail, with a return receipt before the date on which a transferred flood in- services of an engineer, surveyor, or similar requested, notice of the elevations, including a surance policy expires, and annually thereafter services.’’. copy of the maps for the elevations for such until such time as the Federal Emergency Man- (b) REGULATIONS.—Not later than 90 days community and a statement explaining the proc- agement Agency is no longer directly admin- after the date of the enactment of this Act, the ess under this section to appeal for changes in istering such policy, the Administrator shall no- Administrator of the Federal Emergency Man- such elevations; tify the holder of such policy that— agement Agency shall issue the regulations or ‘‘(2) by causing notice of such elevations to be ‘‘(1) the Federal Emergency Management notice required under section 1360(m)(2) of the published in the Federal Register, which notice Agency is directly administering the policy; National Flood Insurance Act of 1968, as added by the amendment made by subsection (a) of shall include information sufficient to identify ‘‘(2) such holder may purchase flood insur- this section. the elevation determinations and the commu- ance that is directly administered by an insur- nities affected, information explaining how to ance company; and SEC. 359. ENHANCED COMMUNICATION WITH obtain copies of the elevations, and a statement CERTAIN COMMUNITIES DURING ‘‘(3) purchasing flood insurance offered under MAP UPDATING PROCESS. explaining the process under this section to ap- the National Flood Insurance Program that is peal for changes in the elevations; Section 1360 of the National Flood Insurance directly administered by an insurance company Act of 1968 (42 U.S.C. 4101), as amended by the ‘‘(3) by publishing in a prominent local news- will not alter the coverage provided or the pre- paper the elevations, a description of the ap- preceding provisions of this subtitle, is further miums charged to such holder that otherwise amended by adding at the end the following peals process for flood determinations, and the would be provided or charged if the policy was mailing address and telephone number of a per- new subsection: directly administered by the Federal Emergency ‘‘(n) ENHANCED COMMUNICATION WITH CER- son the owner may contact for more information Management Agency. or to initiate an appeal; TAIN COMMUNITIES DURING MAP UPDATING ‘‘(4) by providing written notification, by first ‘‘(b) DEFINITION.—In this section, the term PROCESS.—In updating flood insurance maps class mail, to each owner of real property af- ‘transferred flood insurance policy’ means a under this section, the Administrator shall com- fected by the proposed elevations of— flood insurance policy that— municate with communities located in areas ‘‘(A) the status of such property, both prior to ‘‘(1) was directly administered by an insur- where flood insurance rate maps have not been and after the effective date of the proposed de- ance company at the time the policy was origi- updated in 20 years or more and the appropriate termination, with respect to flood zone and nally purchased by the policy holder; and State emergency agencies to resolve outstanding flood insurance requirements under this Act and ‘‘(2) at the time of renewal of the policy, direct issues, provide technical assistance, and dis- the Flood Disaster Protection Act of 1973; administration of the policy was or will be seminate all necessary information to reduce the ‘‘(B) the process under this section to appeal transferred to the Federal Emergency Manage- prevalence of outdated maps in flood-prone a flood elevation determination; and ment Agency.’’. areas.’’.

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SEC. 360. NOTIFICATION TO RESIDENTS NEWLY ‘‘(e) FEMA AUTHORITY TO REJECT TRANSFER ‘‘(c) MAINTENANCE OF RESERVE RATIO.— INCLUDED IN FLOOD HAZARD OF POLICIES.—Notwithstanding any other provi- ‘‘(1) IN GENERAL.—The Administrator shall AREAS. sion of this Act, the Administrator may, at the have the authority to establish, increase, or de- Section 1360 of the National Flood Insurance discretion of the Administrator, refuse to accept crease the amount of aggregate annual insur- Act of 1968 (42 U.S.C. 4101), as amended by the the transfer of the administration of policies for ance premiums to be collected for any fiscal year preceding provisions of this subtitle, is further coverage under the flood insurance program necessary— amended by adding at the end the following under this title that are written and adminis- ‘‘(A) to maintain the reserve ratio required new subsection: tered by any insurance company or other in- under subsection (b); and ‘‘(o) NOTIFICATION TO RESIDENTS NEWLY IN- surer, or any insurance agent or broker.’’. ‘‘(B) to achieve such reserve ratio, if the ac- CLUDED IN FLOOD HAZARD AREA.—In revising or SEC. 364. APPEALS. tual balance of such reserve is below the amount updating any areas having special flood haz- required under subsection (b). (a) TELEVISION AND RADIO ANNOUNCEMENT.— ‘‘(2) CONSIDERATIONS.—In exercising the au- ards, the Administrator shall provide to each Section 1363 of the National Flood Insurance thority under paragraph (1), the Administrator owner of a property to be newly included in Act of 1968 (42 U.S.C. 4104), as amended by the shall consider— such a special flood hazard area, at the time of preceding provisions of this subtitle, is further issuance of such proposed revised or updated ‘‘(A) the expected operating expenses of the amended— Reserve Fund; flood insurance maps, a copy of the proposed re- (1) in subsection (a), by adding at the end the vised or updated flood insurance maps together ‘‘(B) the insurance loss expenditures under following new paragraph: the flood insurance program; with information regarding the appeals process ‘‘(5) by notifying a local television and radio under section 1363 (42 U.S.C. 4104).’’. ‘‘(C) any investment income generated under station,’’; and the flood insurance program; and SEC. 361. TREATMENT OF SWIMMING POOL EN- (2) in the first sentence of subsection (b), by ‘‘(D) any other factor that the Administrator CLOSURES OUTSIDE OF HURRICANE inserting before the period at the end the fol- SEASON. determines appropriate. lowing: ‘‘and shall notify a local television and ‘‘(3) LIMITATIONS.—In exercising the author- Chapter I of the National Flood Insurance Act radio station at least once during the same 10- ity under paragraph (1), the Administrator shall of 1968 (42 U.S.C. 4001 et seq.) is amended by day period’’. be subject to all other provisions of this Act, in- adding at the end the following new section: (b) EXTENSION OF APPEALS PERIOD.—Sub- cluding any provisions relating to chargeable ‘‘SEC. 1325. TREATMENT OF SWIMMING POOL EN- section (b) of section 1363 of the National Flood premium rates and annual increases of such CLOSURES OUTSIDE OF HURRICANE Insurance Act of 1968 (42 U.S.C. 4104(b)) is rates. SEASON. amended— ‘‘(d) PHASE-IN REQUIREMENTS.—The phase-in ‘‘In the case of any property that is otherwise (1) by striking ‘‘(b) The Director’’ and insert- requirements under this subsection are as fol- in compliance with the coverage and building ing ‘‘(b)(1) The Administrator’’; and lows: requirements of the national flood insurance (2) by adding at the end the following new ‘‘(1) IN GENERAL.—Beginning in fiscal year program, the presence of an enclosed swimming paragraph: 2012 and not ending until the fiscal year in pool located at ground level or in the space ‘‘(2) The Administrator shall grant an exten- which the ratio required under subsection (b) is below the lowest floor of a building after Novem- sion of the 90-day period for appeals referred to achieved, in each such fiscal year the Adminis- ber 30 and before June 1 of any year shall have in paragraph (1) for 90 additional days if an af- trator shall place in the Reserve Fund an no effect on the terms of coverage or the ability fected community certifies to the Administrator, amount equal to not less than 7.5 percent of the to receive coverage for such building under the after the expiration of at least 60 days of such reserve ratio required under subsection (b). national flood insurance program established period, that the community— ‘‘(2) AMOUNT SATISFIED.—As soon as the ratio pursuant to this title, if the pool is enclosed ‘‘(A) believes there are property owners or les- required under subsection (b) is achieved, and with non-supporting breakaway walls.’’. sees in the community who are unaware of such except as provided in paragraph (3), the Admin- SEC. 362. INFORMATION REGARDING MULTIPLE period for appeals; and istrator shall not be required to set aside any PERILS CLAIMS. ‘‘(B) will utilize the extension under this amounts for the Reserve Fund. Section 1345 of the National Flood Insurance paragraph to notify property owners or lessees ‘‘(3) EXCEPTION.—If at any time after the Act of 1968 (42 U.S.C. 4081) is amended by add- who are affected by the proposed flood elevation ratio required under subsection (b) is achieved, ing at the end the following new subsection: determinations of the period for appeals and the the Reserve Fund falls below the required ratio ‘‘(d) INFORMATION REGARDING MULTIPLE PER- opportunity to appeal the determinations pro- under subsection (b), the Administrator shall ILS CLAIMS.— posed by the Administrator.’’. place in the Reserve Fund for that fiscal year ‘‘(1) IN GENERAL.—Subject to paragraph (2), if (c) APPLICABILITY.—The amendments made by an amount equal to not less than 7.5 percent of an insured having flood insurance coverage subsections (a) and (b) shall apply with respect the reserve ratio required under subsection (b). under a policy issued under the program under to any flood elevation determination for any ‘‘(e) LIMITATION ON RESERVE RATIO.—In any this title by the Administrator or a company, in- area in a community that has not, as of the date given fiscal year, if the Administrator deter- surer, or entity offering flood insurance cov- of the enactment of this Act, been issued a Let- mines that the reserve ratio required under sub- erage under such program (in this subsection re- ter of Final Determination for such determina- section (b) cannot be achieved, the Adminis- ferred to as a ‘participating company’) has wind tion under the flood insurance map moderniza- trator shall submit a report to the Congress or other homeowners coverage from any com- tion process. that— pany, insurer, or other entity covering property SEC. 365. RESERVE FUND. ‘‘(1) describes and details the specific concerns covered by such flood insurance, in the case of (a) ESTABLISHMENT.—Chapter I of the Na- of the Administrator regarding such con- damage to such property that may have been tional Flood Insurance Act of 1968 is amended sequences; caused by flood or by wind, the Administrator by inserting after section 1310 (42 U.S.C. 4017) ‘‘(2) demonstrates how such consequences and the participating company, upon the re- the following new section: would harm the long-term financial soundness quest of the insured, shall provide to the in- of the flood insurance program; and ‘‘SEC. 1310A. RESERVE FUND. ‘‘(3) indicates the maximum attainable reserve sured, within 30 days of such request— ‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In ‘‘(A) a copy of the estimate of structure dam- ratio for that particular fiscal year. carrying out the flood insurance program au- ‘‘(f) AVAILABILITY OF AMOUNTS.—The reserve age; thorized by this title, the Administrator shall es- ratio requirements under subsection (b) and the ‘‘(B) proofs of loss; tablish in the Treasury of the United States a phase-in requirements under subsection (d) shall ‘‘(C) any expert or engineering reports or doc- National Flood Insurance Reserve Fund (in this be subject to the availability of amounts in the uments commissioned by or relied upon by the section referred to as the ‘Reserve Fund’) which National Flood Insurance Fund for transfer Administrator or participating company in de- shall— under section 1310(a)(10), as provided in section termining whether the damage was caused by ‘‘(1) be an account separate from any other 1310(f).’’. flood or any other peril; and accounts or funds available to the Adminis- (b) FUNDING.—Subsection (a) of section 1310 of ‘‘(D) the Administrator’s or the participating trator; and the National Flood Insurance Act of 1968 (42 company’s final determination on the claim. ‘‘(2) be available for meeting the expected fu- U.S.C. 4017(a)), as amended by the preceding ‘‘(2) TIMING.—Paragraph (1) shall apply only ture obligations of the flood insurance program. provisions of this Act, is further amended by with respect to a request described in such para- ‘‘(b) RESERVE RATIO.—Subject to the phase-in adding at the end the following new paragraph: graph made by an insured after the Adminis- requirements under subsection (d), the Reserve ‘‘(10) for transfers to the National Flood In- trator or the participating company, or both, as Fund shall maintain a balance equal to— surance Reserve Fund under section 1310A, in applicable, have issued a final decision on the ‘‘(1) 1 percent of the sum of the total potential accordance with such section.’’. flood claim involved and resolution of all ap- loss exposure of all outstanding flood insurance SEC. 366. CDBG ELIGIBILITY FOR FLOOD INSUR- peals with respect to such claim.’’. policies in force in the prior fiscal year; or ANCE OUTREACH ACTIVITIES AND SEC. 363. FEMA AUTHORITY TO REJECT TRANS- ‘‘(2) such higher percentage as the Adminis- COMMUNITY BUILDING CODE AD- FER OF POLICIES. trator determines to be appropriate, taking into MINISTRATION GRANTS. Section 1345 of the National Flood Insurance consideration any circumstance that may raise Section 105(a) of the Housing and Community Act of 1968 (42 U.S.C. 4081) is amended by add- a significant risk of substantial future losses to Development Act of 1974 (42 U.S.C. 5305(a)) is ing at the end the following new subsection: the Reserve Fund. amended—

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6578 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 (1) in paragraph (24), by striking ‘‘and’’ at flood hazards and the effect of such inclusion or (2) in section 201(b) (42 U.S.C. 4105(b)), by the end; exclusion on the applicability of the mandatory striking ‘‘Director’s’’ and inserting ‘‘Adminis- (2) in paragraph (25), by striking the period at flood insurance purchase requirement under trator’s’’. the end and inserting a semicolon; and section 102 of the Flood Disaster Protection Act (b) NATIONAL FLOOD INSURANCE ACT OF (3) by adding at the end the following new of 1973 (42 U.S.C. 4012a) to such properties; 1968.—The National Flood Insurance Act of 1968 paragraphs: ‘‘(iii) educate such owners and renters regard- (42 U.S.C. 4001 et seq.) is amended— ‘‘(26) supplementing existing State or local ing the flood risk and reduction of this risk in (1) by striking ‘‘Director’’ each place such funding for administration of building code en- their community, including the continued flood term appears and inserting ‘‘Administrator’’; forcement by local building code enforcement risks to areas that are no longer subject to the and departments, including for increasing staffing, flood insurance mandatory purchase require- (2) in section 1363 (42 U.S.C. 4104), by striking providing staff training, increasing staff com- ment; ‘‘Director’s’’ each place such term appears and petence and professional qualifications, and ‘‘(iv) educate such owners and renters regard- inserting ‘‘Administrator’s’’. supporting individual certification or depart- ing the benefits and costs of maintaining or ac- (c) FEDERAL FLOOD INSURANCE ACT OF 1956.— mental accreditation, and for capital expendi- quiring flood insurance, including, where appli- Section 15(e) of the Federal Flood Insurance Act tures specifically dedicated to the administra- cable, lower-cost preferred risk policies under of 1956 (42 U.S.C. 2414(e)) is amended by striking tion of the building code enforcement depart- this title for such properties and the contents of ‘‘Director’’ each place such term appears and ment, except that, to be eligible to use amounts such properties; inserting ‘‘Administrator’’. as provided in this paragraph— ‘‘(v) encourage such owners and renters to SEC. 368. REQUIRING COMPETITION FOR NA- ‘‘(A) a building code enforcement department maintain or acquire such coverage; TIONAL FLOOD INSURANCE PRO- shall provide matching, non-Federal funds to be ‘‘(vi) notify such owners of where to obtain GRAM POLICIES. used in conjunction with amounts used under information regarding how to obtain such cov- (a) REPORT.—Not later than the expiration of this paragraph in an amount— erage, including a telephone number, mailing the 90-day period beginning upon the date of ‘‘(i) in the case of a building code enforcement address, and Internet site of the Administrator the enactment of this Act, the Administrator of department serving an area with a population of the Federal Emergency Management Agency the Federal Emergency Management Agency, in of more than 50,000, equal to not less than 50 (in this paragraph referred to as the ‘Adminis- consultation with insurance companies, insur- percent of the total amount of any funds made trator’) where such information is available; ance agents and other organizations with which available under this title that are used under and the Administrator has contracted, shall submit this paragraph; ‘‘(vii) educate local real estate agents in com- to the Congress a report describing procedures ‘‘(ii) in the case of a building code enforce- munities participating in the national flood in- and policies that the Administrator shall imple- ment department serving an area with a popu- surance program regarding the program and the ment to limit the percentage of policies for flood lation of between 20,001 and 50,000, equal to not availability of coverage under the program for insurance coverage under the national flood in- less than 25 percent of the total amount of any owners and renters of properties in such commu- surance program that are directly managed by funds made available under this title that are nities, and establish coordination and liaisons the Agency to not more than 10 percent of the used under this paragraph; and with such real estate agents to facilitate pur- aggregate number of flood insurance policies in ‘‘(iii) in the case of a building code enforce- chase of coverage under the National Flood In- force under such program. ment department serving an area with a popu- surance Act of 1968 and increase awareness of (b) IMPLEMENTATION.—Upon submission of the lation of less than 20,000, equal to not less than flood risk reduction; report under subsection (a) to the Congress, the 12.5 percent of the total amount of any funds ‘‘(B) in any fiscal year, a local governmental Administrator shall implement the policies and made available under this title that are used agency may not use an amount under this para- procedures described in the report. The Adminis- under this paragraph, graph that exceeds 3 times the amount that the trator shall, not later than the expiration of the except that the Secretary may waive the match- agency certifies, as the Secretary, in consulta- 12-month period beginning upon submission of ing fund requirements under this subparagraph, tion with the Administrator, shall require, that such report, reduce the number of policies for in whole or in part, based upon the level of eco- the agency will contribute from non-Federal flood insurance coverage that are directly man- nomic distress of the jurisdiction in which is lo- funds to be used with such amounts used under aged by the Agency, or by the Agency’s direct cated the local building code enforcement de- this paragraph only for carrying out activities servicing contractor that is not an insurer, to partment that is using amounts for purposes described in subparagraph (A); and for purposes not more than 10 percent of the aggregate num- under this paragraph, and shall waive such of this subparagraph, the term ‘non-Federal ber of flood insurance policies in force as of the matching fund requirements in whole for any funds’ includes State or local government agen- expiration of such 12-month period. recipient jurisdiction that has dedicated all cy amounts, in-kind contributions, any salary (c) CONTINUATION OF CURRENT AGENT RELA- building code permitting fees to the conduct of paid to staff to carry out the eligible activities of TIONSHIPS.—In carrying out subsection (b), the local building code enforcement; and the local governmental agency involved, the Administrator shall ensure that— ‘‘(B) any building code enforcement depart- value of the time and services contributed by (1) agents selling or servicing policies de- ment using funds made available under this title volunteers to carry out such services (at a rate scribed in such subsection are not prevented for purposes under this paragraph shall determined by the Secretary), and the value of from continuing to sell or service such policies; empanel a code administration and enforcement any donated material or building and the value and team consisting of at least 1 full-time building of any lease on a building; (2) insurance companies are not prevented code enforcement officer, a city planner, and a ‘‘(C) a local governmental agency that uses from waiving any limitation such companies health planner or similar officer; and amounts as provided under this paragraph may could otherwise enforce to limit any such activ- ‘‘(27) provision of assistance to local govern- coordinate or contract with other agencies and ity. mental agencies responsible for floodplain man- entities having particular capacities, specialties, SEC. 369. STUDIES OF VOLUNTARY COMMUNITY- agement activities (including such agencies of or experience with respect to certain populations BASED FLOOD INSURANCE OPTIONS. Indians tribes, as such term is defined in section or constituencies, including elderly or disabled (a) STUDIES.—The Administrator of the Fed- 4 of the Native American Housing Assistance families or persons, to carry out activities de- eral Emergency Management Agency and the and Self-Determination Act of 1996 (25 U.S.C. scribed in subparagraph (A) with respect to Comptroller General of the United States shall 4103)) in communities that participate in the na- such populations or constituencies; and each conduct a separate study to assess options, tional flood insurance program under the Na- ‘‘(D) each local government agency that uses methods, and strategies for offering voluntary tional Flood Insurance Act of 1968 (42 U.S.C. amounts as provided under this paragraph shall community-based flood insurance policy options 4001 et seq.), only for carrying out outreach ac- submit a report to the Secretary and the Admin- and incorporating such options into the na- tivities to encourage and facilitate the purchase istrator, not later than 12 months after such tional flood insurance program. Such studies of flood insurance protection under such Act by amounts are first received, which shall include shall take into consideration and analyze how owners and renters of properties in such commu- such information as the Secretary and the Ad- the policy options would affect communities nities and to promote educational activities that ministrator jointly consider appropriate to de- having varying economic bases, geographic loca- increase awareness of flood risk reduction; ex- scribe the activities conducted using such tions, flood hazard characteristics or classifica- cept that— amounts and the effect of such activities on the tions, and flood management approaches. ‘‘(A) amounts used as provided under this retention or acquisition of flood insurance cov- (b) REPORTS.—Not later than the expiration of paragraph shall be used only for activities de- erage.’’. the 18-month period beginning on the date of signed to— SEC. 367. TECHNICAL CORRECTIONS. the enactment of this Act, the Administrator of ‘‘(i) identify owners and renters of properties (a) FLOOD DISASTER PROTECTION ACT OF the Federal Emergency Management Agency in communities that participate in the national 1973.—The Flood Disaster Protection Act of 1973 and the Comptroller General of the United flood insurance program, including owners of (42 U.S.C. 4002 et seq.) is amended— States shall each submit a report to the Com- residential and commercial properties; (1) by striking ‘‘Director’’ each place such mittee on Financial Services of the House of ‘‘(ii) notify such owners and renters when term appears, except in section 102(f)(3) (42 Representatives and the Committee on Banking, their properties become included in, or when U.S.C. 4012a(f)(3)), and inserting ‘‘Adminis- Housing, and Urban Affairs of the Senate on they are excluded from, an area having special trator’’; and the results and conclusions of the study such

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.000 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6579 agency conducted under subsection (a), and legal frameworks, and evolving judicial opin- may evaluate a levee system that was designed each such report shall include recommendations ions; or constructed by the Secretary for the purposes for the best manner to incorporate voluntary (5) research, review, and identify a variety of of the National Flood Insurance Program estab- community-based flood insurance options into flood insurance pricing options for flood haz- lished under chapter 1 of the National Flood In- the national flood insurance program and for a ards behind levees which are actuarially sound surance Act of 1968 (42 U.S.C. 4011 et seq.). strategy to implement such options that would and based on the flood risk data developed (b) REQUIREMENTS.—A levee system evalua- encourage communities to undertake flood miti- using the top three best value approaches iden- tion under subsection (a) shall— gation activities. tified pursuant to paragraph (1); (1) comply with applicable regulations related SEC. 370. REPORT ON INCLUSION OF BUILDING (6) evaluate and recommend methods to re- to areas protected by a levee system; CODES IN FLOODPLAIN MANAGE- duce insurance costs through creative arrange- (2) be carried out in accordance with such MENT CRITERIA. ments between insureds and insurers while procedures as the Secretary, in consultation Not later than the expiration of the 6-month keeping a clear accounting of how much finan- with the Administrator of the Federal Emer- period beginning on the date of the enactment cial risk is being borne by various parties such gency Management Agency, may establish; and of this Act, the Administrator of the Federal that the entire risk is accounted for, including (3) be carried out only if the State or local Emergency Management Agency shall conduct a establishment of explicit limits on disaster aid or government agrees to reimburse the Secretary study and submit a report to the Committee on other assistance in the event of a flood; and for all cost associated with the performance of Financial Services of the House of Representa- (7) taking into consideration the recommenda- the activities. tives and the Committee on Banking, Housing, tions pursuant to paragraphs (1) through (3), Subtitle E—Repeal of the Office of Financial and Urban Affairs of the Senate regarding the recommend approaches to communicating the Research impact, effectiveness, and feasibility of amend- associated risks to community officials, home- SEC. 381. REPEAL OF THE OFFICE OF FINANCIAL ing section 1361 of the National Flood Insurance owners, and other residents. RESEARCH. Act of 1968 (42 U.S.C. 4102) to include widely (b) REPORT.—Not later than the expiration of (a) IN GENERAL.—Subtitle B of title I of the used and nationally recognized building codes the 12-month period beginning on the date of Dodd-Frank Wall Street Reform and Consumer as part of the floodplain management criteria the enactment of this Act, the National Acad- Protection Act is hereby repealed. developed under such section, and shall deter- emy of Sciences shall submit a report to the (b) CONFORMING AMENDMENTS TO THE DODD- mine— Committees on Financial Services and Science, FRANK ACT.—The Dodd-Frank Wall Street Re- (1) the regulatory, financial, and economic Space, and Technology of the House of Rep- form and Consumer Protection Act is amended— impacts of such a building code requirement on resentatives and the Committees on Banking, (1) in section 102(a), by striking paragraph homeowners, States and local communities, local Housing, and Urban Affairs and Commerce, (5); land use policies, and the Federal Emergency Science and Transportation of the Senate on the (2) in section 111— Management Agency; study under subsection (a) including the infor- (A) in subsection (b)(2)— (2) the resources required of State and local mation and recommendations required under (i) by striking subparagraph (A); and communities to administer and enforce such a such subsection. (ii) by redesignating subparagraphs (B), (C), building code requirement; SEC. 372. REPORT ON FLOOD-IN-PROGRESS DE- (D), and (E) as subparagraphs (A), (B), (C), and (3) the effectiveness of such a building code TERMINATION. (D), respectively; requirement in reducing flood-related damage to The Administrator of the Federal Emergency (B) in subsection (c)(1), by striking ‘‘subpara- buildings and contents; Management Agency shall review the processes graphs (C), (D), and (E)’’ and inserting ‘‘sub- (4) the impact of such a building code require- and procedures for determining that a flood paragraphs (B), (C), and (D)’’; ment on the actuarial soundness of the National event has commenced or is in progress for pur- (3) in section 112— Flood Insurance Program; poses of flood insurance coverage made avail- (A) in subsection (a)(2)— (5) the effectiveness of nationally recognized able under the national flood insurance pro- (i) in subparagraph (A), by striking ‘‘direct codes in allowing innovative materials and sys- gram under the National Flood Insurance Act of the Office of Financial Research to’’; tems for flood-resistant construction; 1968 and for providing public notification that (ii) by striking subparagraph (B); and (6) the feasibility and effectiveness of pro- such an event has commenced or is in progress. (iii) by redesignating subparagraphs (C), (D), viding an incentive in lower premium rates for In such review, the Administrator shall take (E), (F), (G), (H), (I), (J), (K), (L), (M), and (N) flood insurance coverage under such Act for into consideration the effects and implications as subparagraphs (B), (C), (D), (E), (F), (G), structures meeting whichever of such widely that weather conditions, such as rainfall, snow- (H), (I), (J), (K), (L), and (M), respectively; and used and nationally recognized building code or fall, projected snowmelt, existing water levels, (B) in subsection (d)— any applicable local building code provides and other conditions have on the determination (i) in paragraph (1), by striking ‘‘the Office of greater protection from flood damage; that a flood event has commenced or is in Financial Research, member agencies, and’’ and (7) the impact of such a building code require- progress. Not later than the expiration of the 6- inserting ‘‘member agencies and’’; (ii) in paragraph (2), by striking ‘‘the Office ment on rural communities with different build- month period beginning upon the date of the en- of Financial Research, any member agency, ing code challenges than more urban environ- actment of this Act, the Administrator shall sub- and’’ and inserting ‘‘any member agency and’’; ments; and mit a report to the Congress setting forth the re- (iii) in paragraph (3)— (8) the impact of such a building code require- sults and conclusions of the review undertaken (I) by striking ‘‘, acting through the Office of ment on Indian reservations. pursuant to this section and any actions under- Financial Research,’’ each place it appears; and taken or proposed actions to be taken to provide SEC. 371. STUDY ON GRADUATED RISK. (II) in subparagraph (B), by striking ‘‘the Of- for a more precise and technical determination (a) STUDY.—The National Academy of fice of Financial Research or’’; and Sciences shall conduct a study exploring meth- that a flooding event has commenced or is in (iv) in paragraph (5)(A), by striking ‘‘, the Of- ods for understanding graduated risk behind progress. fice of Financial Research,’’; levees and the associated land development, in- SEC. 373. STUDY ON REPAYING FLOOD INSUR- (4) in section 116, by striking ‘‘, acting surance, and risk communication dimensions, ANCE DEBT. through the Office of Financial Research,’’ each which shall— Not later than the expiration of the 6-month place it appears; and (1) research, review, and recommend current period beginning on the date of the enactment (5) by striking section 118. best practices for estimating direct annualized of this Act, the Administrator of the Federal (c) CONFORMING AMENDMENT TO THE PAPER- flood losses behind levees for residential and Emergency Management Agency shall submit a WORK REDUCTION ACT.—Effective as of the date commercial structures; report to the Congress setting forth a plan for specified in section 1100H of the Dodd-Frank (2) rank such practices based on their best repaying within 10 years all amounts, including Wall Street Reform and Consumer Protection value, balancing cost, scientific integrity, and any amounts previously borrowed but not yet Act, section 1100D(a) of such Act is amended to the inherent uncertainties associated with all repaid, owed pursuant to clause (2) of sub- read as follows: aspects of the loss estimate, including section (a) of section 1309 of the National Flood ‘‘(a) DESIGNATION AS AN INDEPENDENT AGEN- geotechnical engineering, flood frequency esti- Insurance Act of 1968 (42 U.S.C. 4016(a)(2)). CY.—Section 3502(5) of subchapter I of chapter mates, economic value, and direct damages; SEC. 374. NO CAUSE OF ACTION. 35 of title 44, United States Code (commonly (3) research, review, and identify current best No cause of action shall exist and no claim known as the Paperwork Reduction Act) is floodplain management and land use practices may be brought against the United States for amended by inserting ‘the Bureau of Consumer behind levees that effectively balance social, violation of any notification requirement im- Financial Protection,’ after ‘the Securities and economic, and environmental considerations as posed upon the United States by this subtitle or Exchange Commission,’.’’. part of an overall flood risk management strat- any amendment made by this subtitle. (d) TECHNICAL AMENDMENTS.—The table of egy; SEC. 375. AUTHORITY FOR THE CORPS OF ENGI- contents for the Dodd-Frank Wall Street Reform (4) identify examples where such practices NEERS TO PROVIDE SPECIALIZED OR and Consumer Protection Act is amended— have proven effective and recommend methods TECHNICAL SERVICES. (1) by striking the item relating to section 118; and processes by which they could be applied (a) IN GENERAL.—Notwithstanding any other and more broadly across the United States, given the provision of law, upon the request of a State or (2) by striking the items relating to subtitle B variety of different flood risks, State and local local government, the Secretary of the Army of title I.

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ENCOURAGING SPEEDY RESOLUTION tingent fee, the court shall have the power to re- against such party as a result of the conduct OF CLAIMS. strict the payment of a claimant’s damage recov- complained of by the claimant. The time for the commencement of a health ery to such attorney, and to redirect such dam- (2) MAXIMUM AWARD.—The amount of puni- care lawsuit shall be 3 years after the date of ages to the claimant based upon the interests of tive damages, if awarded, in a health care law- manifestation of injury or 1 year after the justice and principles of equity. In no event suit may be as much as $250,000 or as much as claimant discovers, or through the use of rea- shall the total of all contingent fees for rep- two times the amount of economic damages sonable diligence should have discovered, the resenting all claimants in a health care lawsuit awarded, whichever is greater. The jury shall injury, whichever occurs first. In no event shall exceed the following limits: not be informed of this limitation. the time for commencement of a health care law- (1) Forty percent of the first $50,000 recovered (c) NO PUNITIVE DAMAGES FOR PRODUCTS suit exceed 3 years after the date of manifesta- by the claimant(s). THAT COMPLY WITH FDA STANDARDS.— tion of injury unless tolled for any of the fol- (2) Thirty-three and one-third percent of the (1) IN GENERAL.— lowing— next $50,000 recovered by the claimant(s). (A) No punitive damages may be awarded (1) upon proof of fraud; (3) Twenty-five percent of the next $500,000 re- against the manufacturer or distributor of a (2) intentional concealment; or covered by the claimant(s). medical product, or a supplier of any component (3) the presence of a foreign body, which has (4) Fifteen percent of any amount by which or raw material of such medical product, based no therapeutic or diagnostic purpose or effect, the recovery by the claimant(s) is in excess of on a claim that such product caused the claim- in the person of the injured person. $600,000. ant’s harm where— Actions by a minor shall be commenced within 3 (b) APPLICABILITY.—The limitations in this (i)(I) such medical product was subject to pre- years from the date of the alleged manifestation section shall apply whether the recovery is by market approval, clearance, or licensure by the of injury except that actions by a minor under judgment, settlement, mediation, arbitration, or Food and Drug Administration with respect to the full age of 6 years shall be commenced with- any other form of alternative dispute resolution. the safety of the formulation or performance of in 3 years of manifestation of injury or prior to In a health care lawsuit involving a minor or in- the aspect of such medical product which the minor’s 8th birthday, whichever provides a competent person, a court retains the authority caused the claimant’s harm or the adequacy of longer period. Such time limitation shall be to authorize or approve a fee that is less than the packaging or labeling of such medical prod- tolled for minors for any period during which a the maximum permitted under this section. The uct; and parent or guardian and a health care provider requirement for court supervision in the first (II) such medical product was so approved, or health care organization have committed two sentences of subsection (a) applies only in cleared, or licensed; or fraud or collusion in the failure to bring an ac- civil actions. (ii) such medical product is generally recog- tion on behalf of the injured minor. SEC. 405. PUNITIVE DAMAGES. nized among qualified experts as safe and effec- SEC. 403. COMPENSATING PATIENT INJURY. (a) IN GENERAL.—Punitive damages may, if tive pursuant to conditions established by the (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- otherwise permitted by applicable State or Fed- Food and Drug Administration and applicable TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- eral law, be awarded against any person in a Food and Drug Administration regulations, in- SUITS.—In any health care lawsuit, nothing in health care lawsuit only if it is proven by clear cluding without limitation those related to pack- this title shall limit a claimant’s recovery of the and convincing evidence that such person acted aging and labeling, unless the Food and Drug full amount of the available economic damages, with malicious intent to injure the claimant, or Administration has determined that such med- notwithstanding the limitation in subsection (b). that such person deliberately failed to avoid un- ical product was not manufactured or distrib- (b) ADDITIONAL NONECONOMIC DAMAGES.—In necessary injury that such person knew the uted in substantial compliance with applicable any health care lawsuit, the amount of non- claimant was substantially certain to suffer. In Food and Drug Administration statutes and reg- economic damages, if available, may be as much any health care lawsuit where no judgment for ulations. as $250,000, regardless of the number of parties compensatory damages is rendered against such (B) RULE OF CONSTRUCTION.—Subparagraph against whom the action is brought or the num- person, no punitive damages may be awarded (A) may not be construed as establishing the ob- ber of separate claims or actions brought with with respect to the claim in such lawsuit. No de- ligation of the Food and Drug Administration to respect to the same injury. mand for punitive damages shall be included in demonstrate affirmatively that a manufacturer, (c) NO DISCOUNT OF AWARD FOR NON- a health care lawsuit as initially filed. A court distributor, or supplier referred to in such sub- ECONOMIC DAMAGES.—For purposes of applying may allow a claimant to file an amended plead- paragraph meets any of the conditions described the limitation in subsection (b), future non- ing for punitive damages only upon a motion by in such subparagraph. economic damages shall not be discounted to the claimant and after a finding by the court, (2) LIABILITY OF HEALTH CARE PROVIDERS.—A present value. The jury shall not be informed upon review of supporting and opposing affida- health care provider who prescribes, or who dis- about the maximum award for noneconomic vits or after a hearing, after weighing the evi- penses pursuant to a prescription, a medical damages. An award for noneconomic damages dence, that the claimant has established by a product approved, licensed, or cleared by the in excess of $250,000 shall be reduced either be- substantial probability that the claimant will Food and Drug Administration shall not be fore the entry of judgment, or by amendment of prevail on the claim for punitive damages. At named as a party to a product liability lawsuit the judgment after entry of judgment, and such the request of any party in a health care law- involving such product and shall not be liable to reduction shall be made before accounting for suit, the trier of fact shall consider in a separate a claimant in a class action lawsuit against the any other reduction in damages required by proceeding— manufacturer, distributor, or seller of such law. If separate awards are rendered for past (1) whether punitive damages are to be award- product. Nothing in this paragraph prevents a and future noneconomic damages and the com- ed and the amount of such award; and court from consolidating cases involving health (2) the amount of punitive damages following bined awards exceed $250,000, the future non- care providers and cases involving products li- a determination of punitive liability. economic damages shall be reduced first. ability claims against the manufacturer, dis- If a separate proceeding is requested, evidence (d) FAIR SHARE RULE.—In any health care tributor, or product seller of such medical prod- relevant only to the claim for punitive damages, lawsuit, each party shall be liable for that par- uct. as determined by applicable State law, shall be ty’s several share of any damages only and not (3) PACKAGING.—In a health care lawsuit for inadmissible in any proceeding to determine for the share of any other person. Each party harm which is alleged to relate to the adequacy whether compensatory damages are to be shall be liable only for the amount of damages of the packaging or labeling of a drug which is allocated to such party in direct proportion to awarded. (b) DETERMINING AMOUNT OF PUNITIVE DAM- required to have tamper-resistant packaging such party’s percentage of responsibility. When- under regulations of the Secretary of Health ever a judgment of liability is rendered as to any AGES.— (1) FACTORS CONSIDERED.—In determining the and Human Services (including labeling regula- party, a separate judgment shall be rendered amount of punitive damages, if awarded, in a tions related to such packaging), the manufac- against each such party for the amount allo- health care lawsuit, the trier of fact shall con- turer or product seller of the drug shall not be cated to such party. For purposes of this sec- sider only the following— held liable for punitive damages unless such tion, the trier of fact shall determine the propor- (A) the severity of the harm caused by the packaging or labeling is found by the trier of tion of responsibility of each party for the conduct of such party; fact by clear and convincing evidence to be sub- claimant’s harm. (B) the duration of the conduct or any con- stantially out of compliance with such regula- SEC. 404. MAXIMIZING PATIENT RECOVERY. cealment of it by such party; tions. (a) COURT SUPERVISION OF SHARE OF DAM- (C) the profitability of the conduct to such (4) EXCEPTION.—Paragraph (1) shall not AGES ACTUALLY PAID TO CLAIMANTS.—In any party; apply in any health care lawsuit in which— health care lawsuit, the court shall supervise (D) the number of products sold or medical (A) a person, before or after premarket ap- the arrangements for payment of damages to procedures rendered for compensation, as the proval, clearance, or licensure of such medical

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product, knowingly misrepresented to or with- obtaining domestic services, loss of employment, (13) MEDICAL PRODUCT.—The term ‘‘medical held from the Food and Drug Administration in- and loss of business or employment opportuni- product’’ means a drug, device, or biological formation that is required to be submitted under ties. product intended for humans, and the terms the Federal Food, Drug, and Cosmetic Act (21 (6) HEALTH CARE LAWSUIT.—The term ‘‘health ‘‘drug’’, ‘‘device’’, and ‘‘biological product’’ U.S.C. 301 et seq.) or section 351 of the Public care lawsuit’’ means any health care liability have the meanings given such terms in sections Health Service Act (42 U.S.C. 262) that is mate- claim concerning the provision of health care 201(g)(1) and 201(h) of the Federal Food, Drug rial and is causally related to the harm which goods or services or any medical product affect- and Cosmetic Act (21 U.S.C. 321(g)(1) and (h)) the claimant allegedly suffered ing interstate commerce, or any health care li- and section 351(a) of the Public Health Service (B) a person made an illegal payment to an ability action concerning the provision of health Act (42 U.S.C. 262(a)), respectively, including official of the Food and Drug Administration for care goods or services or any medical product any component or raw material used therein, the purpose of either securing or maintaining affecting interstate commerce, brought in a but excluding health care services. approval, clearance, or licensure of such med- State or Federal court or pursuant to an alter- (14) NONECONOMIC DAMAGES.—The term ‘‘non- ical product; or native dispute resolution system, against a economic damages’’ means damages for physical (C) the defendant caused the medical product health care provider, a health care organiza- and emotional pain, suffering, inconvenience, which caused the claimant’s harm to be mis- tion, or the manufacturer, distributor, supplier, physical impairment, mental anguish, disfigure- branded or adulterated (as such terms are used marketer, promoter, or seller of a medical prod- ment, loss of enjoyment of life, loss of society in chapter V of the Federal Food, Drug, and uct, regardless of the theory of liability on and companionship, loss of consortium (other Cosmetic Act (21 U.S.C. 351 et seq.)). which the claim is based, or the number of than loss of domestic service), hedonic damages, SEC. 406. AUTHORIZATION OF PAYMENT OF FU- claimants, plaintiffs, defendants, or other par- injury to reputation, and all other nonpecu- TURE DAMAGES TO CLAIMANTS IN ties, or the number of claims or causes of action, niary losses of any kind or nature. HEALTH CARE LAWSUITS. in which the claimant alleges a health care li- (15) PUNITIVE DAMAGES.—The term ‘‘punitive (a) IN GENERAL.—In any health care lawsuit, ability claim. Such term does not include a claim damages’’ means damages awarded, for the pur- if an award of future damages, without reduc- or action which is based on criminal liability; pose of punishment or deterrence, and not solely tion to present value, equaling or exceeding which seeks civil fines or penalties paid to Fed- for compensatory purposes, against a health $50,000 is made against a party with sufficient eral, State, or local government; or which is care provider, health care organization, or a insurance or other assets to fund a periodic pay- grounded in antitrust. manufacturer, distributor, or supplier of a med- ment of such a judgment, the court shall, at the (7) HEALTH CARE LIABILITY ACTION.—The term ical product. Punitive damages are neither eco- request of any party, enter a judgment ordering ‘‘health care liability action’’ means a civil ac- nomic nor noneconomic damages. that the future damages be paid by periodic tion brought in a State or Federal court or pur- (16) RECOVERY.—The term ‘‘recovery’’ means payments, in accordance with the Uniform Peri- suant to an alternative dispute resolution sys- the net sum recovered after deducting any dis- odic Payment of Judgments Act promulgated by tem, against a health care provider, a health bursements or costs incurred in connection with the National Conference of Commissioners on care organization, or the manufacturer, dis- prosecution or settlement of the claim, including Uniform State Laws. tributor, supplier, marketer, promoter, or seller all costs paid or advanced by any person. Costs (b) APPLICABILITY.—This section applies to all of a medical product, regardless of the theory of of health care incurred by the plaintiff and the actions which have not been first set for trial or liability on which the claim is based, or the attorneys’ office overhead costs or charges for retrial before the effective date of this title. number of plaintiffs, defendants, or other par- legal services are not deductible disbursements SEC. 407. DEFINITIONS. ties, or the number of causes of action, in which or costs for such purpose. In this title: the claimant alleges a health care liability (17) STATE.—The term ‘‘State’’ means each of (1) ALTERNATIVE DISPUTE RESOLUTION SYSTEM; claim. the several States, the District of Columbia, the ADR.—The term ‘‘alternative dispute resolution (8) HEALTH CARE LIABILITY CLAIM.—The term Commonwealth of Puerto Rico, the Virgin Is- system’’ or ‘‘ADR’’ means a system that pro- ‘‘health care liability claim’’ means a demand lands, Guam, American Samoa, the Northern vides for the resolution of health care lawsuits by any person, whether or not pursuant to Mariana Islands, the Trust Territory of the Pa- in a manner other than through a civil action ADR, against a health care provider, health cific Islands, and any other territory or posses- brought in a State or Federal court. care organization, or the manufacturer, dis- sion of the United States, or any political sub- (2) CLAIMANT.—The term ‘‘claimant’’ means tributor, supplier, marketer, promoter, or seller division thereof. any person who brings a health care lawsuit, of a medical product, including, but not limited SEC. 408. EFFECT ON OTHER LAWS. including a person who asserts or claims a right to, third-party claims, cross-claims, counter- (a) VACCINE INJURY.— to legal or equitable contribution, indemnity, or claims, or contribution claims, which are based (1) To the extent that title XXI of the Public subrogation, arising out of a health care liabil- upon the provision of, use of, or payment for (or Health Service Act establishes a Federal rule of ity claim or action, and any person on whose the failure to provide, use, or pay for) health law applicable to a civil action brought for a behalf such a claim is asserted or such an action care services or medical products, regardless of vaccine-related injury or death— is brought, whether deceased, incompetent, or a the theory of liability on which the claim is (A) this title does not affect the application of minor. based, or the number of plaintiffs, defendants, the rule of law to such an action; and (3) COMPENSATORY DAMAGES.—The term ‘‘com- or other parties, or the number of causes of ac- (B) any rule of law prescribed by this title in pensatory damages’’ means objectively verifiable tion. conflict with a rule of law of such title XXI monetary losses incurred as a result of the pro- (9) HEALTH CARE ORGANIZATION.—The term shall not apply to such action. vision of, use of, or payment for (or failure to ‘‘health care organization’’ means any person (2) If there is an aspect of a civil action provide, use, or pay for) health care services or or entity which is obligated to provide or pay for brought for a vaccine-related injury or death to medical products, such as past and future med- health benefits under any health plan, includ- which a Federal rule of law under title XXI of ical expenses, loss of past and future earnings, ing any person or entity acting under a contract the Public Health Service Act does not apply, cost of obtaining domestic services, loss of em- or arrangement with a health care organization then this title or otherwise applicable law (as ployment, and loss of business or employment to provide or administer any health benefit. determined under this title) will apply to such opportunities, damages for physical and emo- (10) HEALTH CARE PROVIDER.—The term aspect of such action. tional pain, suffering, inconvenience, physical ‘‘health care provider’’ means any person or en- (b) OTHER FEDERAL LAW.—Except as provided impairment, mental anguish, disfigurement, loss tity required by State or Federal laws or regula- in this section, nothing in this title shall be of enjoyment of life, loss of society and compan- tions to be licensed, registered, or certified to deemed to affect any defense available to a de- ionship, loss of consortium (other than loss of provide health care services, and being either so fendant in a health care lawsuit or action under domestic service), hedonic damages, injury to licensed, registered, or certified, or exempted any other provision of Federal law. reputation, and all other nonpecuniary losses of from such requirement by other statute or regu- SEC. 409. STATE FLEXIBILITY AND PROTECTION any kind or nature. The term ‘‘compensatory lation. OF STATES’ RIGHTS. damages’’ includes economic damages and non- (11) HEALTH CARE GOODS OR SERVICES.—The (a) HEALTH CARE LAWSUITS.—The provisions economic damages, as such terms are defined in term ‘‘health care goods or services’’ means any governing health care lawsuits set forth in this this section. goods or services provided by a health care orga- title preempt, subject to subsections (b) and (c), (4) CONTINGENT FEE.—The term ‘‘contingent nization, provider, or by any individual working State law to the extent that State law prevents fee’’ includes all compensation to any person or under the supervision of a health care provider, the application of any provisions of law estab- persons which is payable only if a recovery is that relates to the diagnosis, prevention, or lished by or under this title. The provisions gov- effected on behalf of one or more claimants. treatment of any human disease or impairment, erning health care lawsuits set forth in this title (5) ECONOMIC DAMAGES.—The term ‘‘economic or the assessment or care of the health of supersede chapter 171 of title 28, United States damages’’ means objectively verifiable monetary human beings. Code, to the extent that such chapter— losses incurred as a result of the provision of, (12) MALICIOUS INTENT TO INJURE.—The term (1) provides for a greater amount of damages use of, or payment for (or failure to provide, ‘‘malicious intent to injure’’ means intentionally or contingent fees, a longer period in which a use, or pay for) health care services or medical causing or attempting to cause physical injury health care lawsuit may be commenced, or a re- products, such as past and future medical ex- other than providing health care goods or serv- duced applicability or scope of periodic payment penses, loss of past and future earnings, cost of ices. of future damages, than provided in this title; or

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6582 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 (2) prohibits the introduction of evidence re- endar year (as determined under clause (i) or ‘‘(I) for a period in calendar year 2013, be garding collateral source benefits, or mandates this clause, as the case may be), plus an addi- equal to the applicable percentage under this or permits subrogation or a lien on collateral tional 1.5 percentage points; and paragraph for calendar year 2012, plus an addi- source benefits. ‘‘(iii) for a period in any calendar year after tional 1.5 percentage points; (b) PROTECTION OF STATES’ RIGHTS AND 2017, be equal to the applicable percentage ‘‘(II) for a period in calendar year 2014, be OTHER LAWS.—(1) Any issue that is not gov- under this subsection for calendar year 2017 (as equal to the applicable percentage under this erned by any provision of law established by or determined under clause (ii)); and paragraph for calendar year 2013 (as determined under this title (including State standards of ‘‘(C) for purposes of computing an amount under subclause (I)), plus an additional 0.5 per- negligence) shall be governed by otherwise ap- with respect to a Member or employee for Con- centage point; plicable State or Federal law. gressional employee service— ‘‘(III) for a period in calendar year 2015, 2016, (2) This title shall not preempt or supersede ‘‘(i) for a period in calendar year 2013, be or 2017, be equal to the applicable percentage any State or Federal law that imposes greater equal to the applicable percentage under this under this paragraph for the preceding calendar procedural or substantive protections for health subsection for calendar year 2012, plus an addi- year (as determined under subclause (II) or this care providers and health care organizations tional 2.5 percentage points; subclause, as the case may be), plus an addi- from liability, loss, or damages than those pro- ‘‘(ii) for a period in calendar year 2014, 2015, tional 1.0 percentage point; and vided by this title or create a cause of action. 2016, or 2017, be equal to the applicable percent- ‘‘(IV) for a period in any calendar year after (c) STATE FLEXIBILITY.—No provision of this age under this subsection for the preceding cal- 2017, be equal to the applicable percentage title shall be construed to preempt— endar year (as determined under clause (i) or under this paragraph for calendar year 2017 (as (1) any State law (whether effective before, this clause, as the case may be), plus an addi- determined under subclause (III)); on, or after the date of the enactment of this tional 1.5 percentage points; and ‘‘(ii) for purposes of computing an amount Act) that specifies a particular monetary ‘‘(iii) for a period in any calendar year after with respect to a Member— amount of compensatory or punitive damages 2017, be equal to the applicable percentage ‘‘(I) for a period in calendar year 2013, be (or the total amount of damages) that may be under this subsection for calendar year 2017 (as equal to the applicable percentage under this awarded in a health care lawsuit, regardless of determined under clause (ii)). paragraph for calendar year 2012, plus an addi- whether such monetary amount is greater or ‘‘(3)(A) Notwithstanding subsection (a)(2), tional 2.5 percentage points; lesser than is provided for under this title, not- any excess contributions under subsection ‘‘(II) for a period in calendar year 2014, 2015, withstanding section 303(a); or (a)(1)(A) (including the portion of any deposit 2016, or 2017, be equal to the applicable percent- (2) any defense available to a party in a under this subsection allocable to excess con- age under this paragraph for the preceding cal- health care lawsuit under any other provision tributions) shall, if made by an employee of the endar year (as determined under subclause (I) of State or Federal law. United States Postal Service or the Postal Regu- or this subclause, as the case may be), plus an SEC. 410. APPLICABILITY; EFFECTIVE DATE. latory Commission, be deposited to the credit of additional 1.5 percentage points; and ‘‘(III) for a period in any calendar year after This title shall apply to any health care law- the Postal Service Fund under section 2003 of 2017, be equal to the applicable percentage suit brought in a Federal or State court, or sub- title 39, rather than the Civil Service Retirement under this paragraph for calendar year 2017 (as ject to an alternative dispute resolution system, and Disability Fund. determined under subclause (II)); and that is initiated on or after the date of the en- ‘‘(B) For purposes of this paragraph, the term ‘‘(iii) for purposes of computing an amount actment of this Act, except that any health care ‘excess contributions’, as used with respect to lawsuit arising from an injury occurring prior to with respect to a Congressional employee— contributions made under subsection (a)(1)(A) ‘‘(I) for a period in calendar year 2013, 2014, the date of the enactment of this Act shall be by an employee of the United States Postal Serv- 2015, 2016, or 2017, be equal to the applicable governed by the applicable statute of limitations ice or the Postal Regulatory Commission, means percentage under this paragraph for the pre- provisions in effect at the time the injury oc- the amount by which— ceding calendar year (including as increased curred. ‘‘(i) deductions from basic pay of such em- under this subclause, if applicable), plus an ad- TITLE V—COMMITTEE ON OVERSIGHT AND ployee which are made under subsection ditional 1.5 percentage points; and GOVERNMENT REFORM (a)(1)(A), exceed ‘‘(II) for a period in any calendar year after ‘‘(ii) deductions from basic pay of such em- SEC. 501. RETIREMENT CONTRIBUTIONS. 2017, be equal to the applicable percentage ployee which would have been so made if para- (a) CIVIL SERVICE RETIREMENT SYSTEM.— under this paragraph for calendar year 2017 (as graph (2) had not been enacted.’’. (1) INDIVIDUAL CONTRIBUTIONS.—Section determined under subclause (I)).’’; and 8334(c) of title 5, United States Code, is amend- (2) GOVERNMENT CONTRIBUTIONS.—Section (C) in subparagraph (C) (as so redesignated ed— 8334(a)(1)(B) of title 5, United States Code, is by subparagraph (A))— (A) by striking ‘‘(c) Each’’ and inserting amended— (i) by striking ‘‘9.3’’ each place it appears and ‘‘(c)(1) Each’’; and (A) in clause (i), by striking ‘‘Except as pro- inserting ‘‘12’’; and (B) by adding at the end the following: vided in clause (ii),’’ and inserting ‘‘Except as (ii) by striking ‘‘9.8’’ each place it appears ‘‘(2) Notwithstanding any other provision of provided in clause (ii) or (iii),’’; and and inserting ‘‘12.5’’. this subsection, the applicable percentage of (B) by adding at the end the following: (2) GOVERNMENT CONTRIBUTIONS.—Section basic pay under this subsection shall— ‘‘(iii) The amount to be contributed under 8423(a)(2) of title 5, United States Code, is ‘‘(A) except as provided in subparagraph (B) clause (i) shall, with respect to a period in any amended— or (C), for purposes of computing an amount— year beginning after December 31, 2012, be equal (A) by striking ‘‘(2)’’ and inserting ‘‘(2)(A)’’; ‘‘(i) for a period in calendar year 2013, be to— and equal to the applicable percentage under this ‘‘(I) the amount which would otherwise apply (B) by adding at the end the following: subsection for calendar year 2012, plus an addi- under clause (i) with respect to such period, re- ‘‘(B)(i) Subject to clauses (ii) and (iii), for tional 1.5 percentage points; duced by purposes of any period in any year beginning ‘‘(ii) for a period in calendar year 2014, be ‘‘(II) the amount by which, with respect to after December 31, 2012, the normal-cost per- equal to the applicable percentage under this such period, the withholding under subpara- centage under this subsection shall be deter- subsection for calendar year 2013 (as determined graph (A) exceeds the amount which would oth- mined and applied as if section 501(b)(1) of the under clause (i)), plus an additional 0.5 percent- erwise have been withheld from the basic pay of Sequester Replacement Reconciliation Act of age point; the employee or elected official involved under 2012 had not been enacted. ‘‘(iii) for a period in calendar year 2015, 2016, subparagraph (A) based on the percentage ap- ‘‘(ii) Any contributions under this subsection or 2017, be equal to the applicable percentage plicable under subsection (c) for calendar year in excess of the amounts which (but for clause under this subsection for the preceding calendar 2012.’’. (i)) would otherwise have been payable shall be year (as determined under clause (ii) or this (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- applied toward reducing the unfunded liability clause, as the case may be), plus an additional TEM.— of the Civil Service Retirement System. 1.0 percentage point; and (1) INDIVIDUAL CONTRIBUTIONS.—Section ‘‘(iii) After the unfunded liability of the Civil ‘‘(iv) for a period in any calendar year after 8422(a)(3) of title 5, United States Code, is Service Retirement System has been eliminated, 2017, be equal to the applicable percentage amended— as determined by the Office, Government con- under this subsection for calendar year 2017 (as (A) by redesignating subparagraph (B) as sub- tributions under this subsection shall be deter- determined under clause (iii)); paragraph (C); mined and made disregarding this subpara- ‘‘(B) for purposes of computing an amount (B) by inserting after subparagraph (A) the graph. with respect to a Member for Member service— following: ‘‘(iv) The preceding provisions of this sub- ‘‘(i) for a period in calendar year 2013, be ‘‘(B) Notwithstanding any other provision of paragraph shall be disregarded for purposes of equal to the applicable percentage under this this paragraph, the applicable percentage under determining the contributions payable by the subsection for calendar year 2012, plus an addi- this paragraph for civilian service by employees United States Postal Service and the Postal Reg- tional 2.5 percentage points; or Members other than revised annuity employ- ulatory Commission.’’. ‘‘(ii) for a period in calendar year 2014, 2015, ees shall— SEC. 502. ANNUITY SUPPLEMENT. 2016, or 2017, be equal to the applicable percent- ‘‘(i) except as provided in clause (ii) or (iii), Section 8421(a) of title 5, United States Code, age under this subsection for the preceding cal- for purposes of computing an amount— is amended—

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(1) in paragraph (1), by striking ‘‘paragraph (b) CONFORMING AMENDMENT.—So much of (3) Section 471(a) of the Social Security Act (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; paragraph (2) of section 36B(f) of such Code, as (42 U.S.C. 671(a)) is amended— (2) in paragraph (2), by striking ‘‘paragraph amended by subsection (a), as precedes ‘‘ad- (A) in paragraph (4), by striking ‘‘, under sub- (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; vance payments’’ is amended to read as follows: title 1 of title XX of this Act,’’; and and ‘‘(2) EXCESS ADVANCE PAYMENTS.—If the’’. (B) in paragraph (8), by striking ‘‘XIX, or (3) by adding at the end the following: (c) EFFECTIVE DATE.—The amendments made XX’’ and inserting ‘‘or XIX’’. ‘‘(4)(A) Except as provided in subparagraph by this section shall apply to taxable years end- (4) Section 472(h)(1) of the Social Security Act (B), no annuity supplement under this section ing after December 31, 2013. (42 U.S.C. 672(h)(1)) is amended by striking the shall be payable in the case of an individual Subtitle B—Social Security Number Required 2nd sentence. who first becomes subject to this chapter after to Claim the Refundable Portion of the (5) Section 473(b) of the Social Security Act (42 December 31, 2012. Child Tax Credit U.S.C. 673(b)) is amended— ‘‘(B) Nothing in this paragraph applies in the (A) in paragraph (1), by striking ‘‘(3)’’ and in- case of an individual separating under sub- SEC. 611. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE POR- serting ‘‘(2)’’; section (d) or (e) of section 8412.’’. TION OF THE CHILD TAX CREDIT. (B) in paragraph (4), by striking ‘‘paragraphs SEC. 503. CONTRIBUTIONS TO THRIFT SAVINGS (a) IN GENERAL.—Subsection (d) of section 24 (1) and (2)’’ and inserting ‘‘paragraph (1)’’; and FUND OF PAYMENTS FOR ACCRUED of the Internal Revenue Code of 1986 is amended (C) by striking paragraph (2) and redesig- OR ACCUMULATED LEAVE. by adding at the end the following new para- nating paragraphs (3) and (4) as paragraphs (2) (a) AMENDMENTS RELATING TO CSRS.—Section graph: and (3), respectively. 8351(b) of title 5, United States Code, is amend- ‘‘(5) IDENTIFICATION REQUIREMENT WITH RE- (6) Section 504(b)(6) of the Social Security Act ed— SPECT TO TAXPAYER.— (42 U.S.C. 704(b)(6)) is amended in each of sub- (1) by striking paragraph (2)(A) and inserting ‘‘(A) IN GENERAL.—Paragraph (1) shall not paragraphs (A) and (B) by striking ‘‘XIX, or the following: apply to any taxpayer for any taxable year un- XX’’ and inserting ‘‘or XIX’’. ‘‘(2)(A) An employee or Member may con- less the taxpayer includes the taxpayer’s Social (7) Section 1101(a)(1) of the Social Security tribute to the Thrift Savings Fund in any pay Security number on the return of tax for such Act (42 U.S.C. 1301(a)(1)) is amended by striking period any amount of such employee’s or Mem- taxable year. the penultimate sentence. ber’s basic pay for such pay period, and may ‘‘(B) JOINT RETURNS.—In the case of a joint (8) Section 1128(h) of the Social Security Act contribute (by direct transfer to the Fund) any return, the requirement of subparagraph (A) (42 U.S.C. 1320a-7(h)) is amended— part of any payment that the employee or Mem- shall be treated as met if the Social Security (A) by adding ‘‘or’’ at the end of paragraph ber receives for accumulated and accrued an- number of either spouse is included on such re- (2); and nual or vacation leave under section 5551 or turn. (B) by striking paragraph (3) and redesig- 5552. Notwithstanding section 2105(e), in this ‘‘(C) LIMITATION.—Subparagraph (A) shall nating paragraph (4) as paragraph (3). paragraph the term ‘employee’ includes an em- not apply to the extent the tentative minimum (9) Section 1128A(i)(1) of the Social Security ployee of the United States Postal Service or of tax (as defined in section 55(b)(1)(A)) exceeds Act (42 U.S.C. 1320a-7a(i)(1)) is amended by the Postal Regulatory Commission.’’; the credit allowed under section 32.’’. striking ‘‘or subtitle 1 of title XX’’. (2) by striking subparagraph (B) of paragraph (b) OMISSION TREATED AS MATHEMATICAL OR (10) Section 1132(a)(1) of the Social Security (2); and CLERICAL ERROR.—Subparagraph (I) of section Act (42 U.S.C. 1320b-2(a)(1)) is amended by (3) by redesignating subparagraph (C) of 6213(g)(2) of such Code is amended to read as striking ‘‘XIX, or XX’’ and inserting ‘‘or XIX’’. paragraph (2) as subparagraph (B). follows: (11) Section 1902(e)(13)(F)(iii) of the Social Se- (b) AMENDMENTS RELATING TO FERS.—Section ‘‘(I) an omission of a correct Social Security curity Act (42 U.S.C. 1396a(e)(13)(F)(iii)) is 8432(a) of title 5, United States Code, is amend- number required under section 24(d)(5) (relating amended— ed— to refundable portion of child tax credit), or a (A) by striking ‘‘EXCLUSIONS’’ and inserting (1) by striking all that precedes paragraph (3) correct TIN under section 24(e) (relating to child ‘‘EXCLUSION’’; and and inserting the following: tax credit), to be included on a return,’’. (B) by striking ‘‘an agency that determines ‘‘(a)(1) An employee or Member— (c) CONFORMING AMENDMENT.—Subsection (e) eligibility for a program established under the ‘‘(A) may contribute to the Thrift Savings of section 24 of such Code is amended by insert- Social Services Block Grant established under Fund in any pay period, pursuant to an election ing ‘‘WITH RESPECT TO QUALIFYING CHILDREN’’ title XX or’’. under subsection (b), any amount of such em- after ‘‘IDENTIFICATION REQUIREMENT’’ in the (12) The heading for title XX of the Social Se- ployee’s or Member’s basic pay for such pay pe- heading thereof. curity Act is amended by striking ‘‘BLOCK riod; and (d) EFFECTIVE DATE.—The amendments made GRANTS TO STATES FOR SOCIAL SERV- ‘‘(B) may contribute (by direct transfer to the by this section shall apply to taxable years be- ICES’’ and inserting ‘‘HEALTH PROFESSIONS Fund) any part of any payment that the em- ginning after the date of the enactment of this DEMONSTRATIONS AND ENVIRONMENTAL ployee or Member receives for accumulated and Act. HEALTH CONDITION DETECTION’’. accrued annual or vacation leave under section (13) The heading for subtitle A of title XX of Subtitle C—Human Resources Provisions 5551 or 5552. the Social Security Act is amended by striking ‘‘(2) Contributions made under paragraph SEC. 621. REPEAL OF THE PROGRAM OF BLOCK ‘‘Block Grants to States for Social Services’’ (1)(A) pursuant to an election under subsection GRANTS TO STATES FOR SOCIAL and inserting ‘‘ SERVICES. Health Professions Demonstra- (b) shall, with respect to each pay period for tions and Environmental Health Condition (a) REPEALS.—Sections 2001 through 2007 of which such election remains in effect, be made ’’. the Social Security Act (42 U.S.C. 1397–1397f) are Detection in accordance with a program of regular con- (14) Section 16(k)(5)(B)(i) of the Food and Nu- repealed. tributions provided in regulations prescribed by trition Act of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is the Executive Director.’’; and (b) CONFORMING AMENDMENTS.— (1) Section 404(d) of the Social Security Act amended by striking ‘‘, or title XX,’’. (2) by adding at the end the following: (15) Section 402(b)(3) of the Personal Respon- ‘‘(4) Notwithstanding section 2105(e), in this (42 U.S.C. 604(d)) is amended— (A) in paragraph (1), by striking ‘‘any or all sibility and Work Opportunity Reconciliation subsection the term ‘employee’ includes an em- Act of 1996 (8 U.S.C. 1612(b)(3)) is amended by ployee of the United States Postal Service or of of the following provisions of law:’’ and all that follows through ‘‘The’’ and inserting ‘‘the’’; striking subparagraph (B) and redesignating the Postal Regulatory Commission.’’. subparagraph (C) as subparagraph (B). (c) REGULATIONS.—The Executive Director of (B) in paragraph (3)— (i) by striking ‘‘RULES’’ and all that follows (16) Section 245A(h)(4)(I) of the Immigration the Federal Retirement Thrift Investment Board Reform and Control Act of 1986 (8 U.S.C. shall promulgate regulations to carry out the through ‘‘any amount paid’’ and inserting ‘‘RULES.—Any amount paid’’; 1255a(h)(4)(I)) is amended by striking ‘‘, XVI, amendments made by this section. and XX’’ and inserting ‘‘and XVI’’. (d) EFFECTIVE DATE.—The amendments made (ii) by striking ‘‘a provision of law specified in (17) Section 17 of the Richard B. Russell Na- by subsections (a) and (b) shall take effect 1 paragraph (1)’’ and inserting ‘‘the Child Care tional School Lunch Act (42 U.S.C. 1766) is year after the date of the enactment of this Act. and Development Block Grant Act of 1990’’; and (iii) by striking subparagraph (B); and amended— TITLE VI—COMMITTEE ON WAYS AND (C) by striking paragraph (2) and redesig- (A) in subsection (a)(2)— MEANS nating paragraph (3) as paragraph (2). (i) in subparagraph (B)— Subtitle A—Recapture of Overpayments Re- (2) Section 422(b) of the Social Security Act (42 (I) by striking ‘‘—’’ and all that follows sulting From Certain Federally-subsidized U.S.C. 622(b)) is amended— through ‘‘(i)’’; Health Insurance (A) in paragraph (1)(A)— (II) by striking ‘‘or’’ at the end of clause (i); SEC. 601. RECAPTURE OF OVERPAYMENTS RE- (i) by striking ‘‘administers or supervises’’ and and SULTING FROM CERTAIN FEDER- inserting ‘‘administered or supervised’’; and (III) by striking clause (ii); and ALLY-SUBSIDIZED HEALTH INSUR- (ii) by striking ‘‘subtitle 1 of title XX’’ and in- (ii) in subparagraph (D)(ii), by striking ‘‘or ANCE. serting ‘‘subtitle A of title XX (as in effect be- title XX’’; and (a) IN GENERAL.—Paragraph (2) of section fore the repeal of such subtitle)’’; and (B) in subsection (o)(2)(B)— 36B(f) of the Internal Revenue Code of 1986 is (B) in paragraph (2), by striking ‘‘under sub- (i) by striking ‘‘or title XX’’ each place it ap- amended by striking subparagraph (B). title 1 of title XX,’’. pears; and

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 6333 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6584 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 (ii) by striking ‘‘or XX’’. SEC. 704. CONFORMING AMENDMENTS TO SEC- every dollar of debt-limit increase that (18) Section 201(b) of the Indian Child Welfare TION 314 OF THE CONGRESSIONAL occurs. Act of 1978 (25 U.S.C. 1931(b)) is amended by BUDGET AND IMPOUNDMENT CON- TROL ACT OF 1974. So Congress passed the Budget Con- striking ‘‘titles IV–B and XX’’ each place it ap- Section 314(a) of the Congressional Budget trol Act with no tax increases, spend- pears and inserting ‘‘part B of title IV’’. Act of 1974 is amended to read as follows: ing cuts. Half of it, approximately, (19) Section 3803(c)(2)(C) of title 31, United ‘‘(a) ADJUSTMENTS.— were the caps on discretionary spend- States Code, is amended by striking clause (vi) ‘‘(1) IN GENERAL.—The chair of the Committee and redesignating clauses (vii) through (xvi) as ing netting about $1 trillion in sav- on the Budget of the House of Representatives clauses (vi) through (xv), respectively. ings—$917 billion, to be specific. The or the Senate may make adjustments as set forth (20) Section 14502(d)(3) of title 40, United other half, the $1.2 trillion, was the Se- in paragraph (2) for a bill or joint resolution, lect Committee—people call this the States Code, is amended— amendment thereto or conference report there- (A) by striking ‘‘and title XX’’; and on, by the amount of new budget authority and supercommittee. That committee (B) by striking ‘‘, 1397 et seq.’’. outlays flowing therefrom in the same amount failed to produce a result. As a result (21) Section 2006(a)(15) of the Public Health as required by section 251(b) of the Balanced of that, a sequester occurs. And the se- Service Act (42 U.S.C. 300z-5(a)(15)) is amended Budget and Emergency Deficit Control Act of quester, according to people on a bipar- by striking ‘‘and title XX’’. 1985. tisan basis, is not good government. (22) Section 203(b)(3) of the Older Americans ‘‘(2) MATTERS TO BE ADJUSTED.—The chair of The sequester, according to the Sec- Act of 1965 (42 U.S.C. 3013(b)(3)) is amended by the Committee on the Budget of the House of retary of Defense, the President him- striking ‘‘XIX, and XX’’ and inserting ‘‘and Representatives or the Senate may make the ad- XIX’’. self, would hollow out our military justments referred to in paragraph (1) to— when it kicks in on January 2 next (23) Section 213 of the Older Americans Act of ‘‘(A) the allocations made pursuant to the ap- 1965 (42 U.S.C. 3020d) is amended by striking ‘‘or propriate concurrent resolution on the budget year. The sequester will take non- title XX’’. pursuant to section 302(a); defense discretionary spending down 8 (24) Section 306(d) of the Older Americans Act ‘‘(B) the budgetary aggregates as set forth in percent and defense down 10 percent. of 1965 (42 U.S.C. 3026(d)) is amended in each of the appropriate concurrent resolution on the We believe the purpose of the seques- paragraphs (1) and (2) by striking ‘‘titles XIX budget; and ter was to replace the fact that Con- and XX’’ and inserting ‘‘title XIX’’. ‘‘(C) the discretionary spending limits, if any, gress isn’t governing. Well, let’s have (25) Section 2605 of the Low-Income Home En- set forth in the appropriate concurrent resolu- Congress govern. That’s why we’re ergy Assistance Act of 1981 (42 U.S.C. 8624) is tion on the budget.’’. doing this. What we’re doing is we’re amended in each of subsections (b)(4) and (j) by SEC. 705. TREATMENT FOR PAYGO PURPOSES. bringing a bill to the floor to cut 405 striking ‘‘under title XX of the Social Security The budgetary effects of this Act and any Act,’’. percent of the spending cuts that are in amendment made by it shall not be entered on the sequester in the first year. A net (26) Section 602 of the Child Development As- either PAYGO scorecard maintained pursuant sociate Scholarship Assistance Act of 1985 (42 to section 4(d) of the Statutory Pay-As-You-Go deficit reduction of $242.8 billion to set U.S.C. 10901) is repealed. Act of 2010. aside the sequester under discretionary (27) Section 3(d)(1) of the Assisted Suicide SEC. 706. ELIMINATION OF THE FISCAL YEAR 2013 for 1 year of $78 billion, we think that’s Funding Restriction Act of 1997 (42 U.S.C. SEQUESTRATION FOR DEFENSE DI- a good tradeoff. 14402(d)(1)) is amended by striking subpara- RECT SPENDING. More to the point, we need to get in graph (C) and redesignating subparagraphs (D) Any sequestration order issued by the Presi- the habit of doing reconciliation be- through (K) as subparagraphs (C) through (J), dent under the Balanced Budget and Emergency cause 61 percent of the Federal budget respectively. Deficit Control Act of 1985 to carry out reduc- is off limits, it’s autopilot, it’s not (c) EFFECTIVE DATE.—The repeals and amend- tions to direct spending for the defense function touched. Congress doesn’t deal with it. ments made by this section shall take effect on (050) for fiscal year 2013 pursuant to section October 1, 2012. 251A of such Act shall have no force or effect. So we should look at this part of our government that is not being dealt TITLE VII—SEQUESTER REPLACEMENT The SPEAKER pro tempore. The gen- with. SEC. 701. SHORT TITLE. tleman from Wisconsin (Mr. RYAN) and The last time we used reconciliation This title may be cited as the ‘‘Sequester Re- the gentleman from Maryland (Mr. VAN for its intended purpose—to cut spend- placement Act of 2012’’. HOLLEN) each will control 1 hour. ing, to reduce deficits—was 2005. So SEC. 702. PROTECTING VETERANS PROGRAMS The Chair recognizes the gentleman rather than just having annual discre- FROM SEQUESTER. from Wisconsin. tionary spending bouts and debates, we Section 256(e)(2)(E) of the Balanced Budget GENERAL LEAVE should look at the other parts of gov- and Emergency Deficit Control Act of 1985 is re- Mr. RYAN of Wisconsin. Mr. Speaker, ernment that are on autopilot. pealed. I ask unanimous consent that all Mem- Take a look at what we’re doing. We SEC. 703. ACHIEVING $19 BILLION IN DISCRE- bers may have 5 legislative days in basically are doing five things. We’re TIONARY SAVINGS. which to revise and extend their re- stopping the abuse by ensuring individ- (a) REVISED 2013 DISCRETIONARY SPENDING LIMIT.—Paragraph (2) of section 251(c) of the marks on H.R. 5652, the Sequester Re- uals are actually eligible for the tax- Balanced Budget and Emergency Deficit Con- placement Reconciliation Act. payer benefits they receive—novel trol Act of 1985 is amended to read as follows: The SPEAKER pro tempore. Is there idea, I know. We’re eliminating govern- ‘‘(2) with respect to fiscal year 2013, for the objection to the request of the gen- ment slush funds to stop bailouts. discretionary category, $1,047,000,000,000 in new tleman from Wisconsin? We’re controlling runaway, unchecked budget authority;’’. There was no objection. spending. We’re putting restraints on (b) DISCRETIONARY SAVINGS.—Section Mr. RYAN of Wisconsin. Mr. Speaker, government spending by bureaucracies. 251A(7)(A) of the Balanced Budget and Emer- I yield myself 5 minutes. And we’re getting rid of duplicative gency Deficit Control Act of 1985 is amended to Mr. Speaker, I would like to remind spending. read as follows: I can go through each program, and ‘‘(A) FISCAL YEAR 2013.— everybody for a minute as to how we we will do this in this debate, but what ‘‘(i) FISCAL YEAR 2013 ADJUSTMENT.—On Janu- got here. Why are we doing this? ary 2, 2013, the discretionary category set forth What’s going on? we’re simply saying is people should in section 251(c)(2) shall be decreased by When the President was requesting actually be eligible for the benefits $19,104,000,000 in budget authority. an increase in the debt limit last year, that they receive, whether it’s a tax ‘‘(ii) SUPPLEMENTAL SEQUESTRATION ORDER.— he wanted a blank check. Just increase credit, whether it’s a SNAP benefit, On January 15, 2013, OMB shall issue a supple- the debt limit. Borrowing unchecked. whatever it is. When we take a look at mental sequestration report for fiscal year 2013 Then when that wasn’t going to hap- why we’re cutting spending, we are and take the form of a final sequestration report pen, he asked for a big tax increase. doing this with the guise of the fact as set forth in section 254(f)(2) and using the that we have a spending-driven debt procedures set forth in section 253(f), to elimi- That didn’t occur. crisis on the horizon. If taxes go back nate any discretionary spending breach of the b 1100 spending limit set forth in section 251(c)(2) as to where they’ve been for the last 40 adjusted by clause (i), and the President shall What occurred out of that was the years, which is what they are projected order a sequestration, if any, as required by Budget Control Act. You’ve got to cut to do, there’s no way you can fix this such report.’’. at least a dollar’s worth of spending for problem by raising taxes.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6585 We have a spending-driven debt cri- That’s why their budget ended the I reserve the balance of my time. sis, and the debt crisis is one in which Medicare guarantee. That’s why they Mr. RYAN of Wisconsin. I yield my- we have a tidal wave of debt coming to cut $800 billion from Medicaid—two- self 1 minute to say, Mr. Speaker, that this country just like Europe is experi- thirds of Medicaid spending goes to the gentleman’s substitute raises taxes encing. If we don’t get our spending help seniors and disabled people in $85 billion and raises spending $55 bil- under control and we don’t get our def- nursing homes. That’s why they slash lion on the net to achieve simply $30 icit under control, the people who need vital investments in education, re- billion in deficit reduction. This bill government the most—the poor, the el- search, infrastructure, things that had achieves $243 billion in deficit reduc- derly—they’re the ones who get hurt been bipartisan investments to help tion without raising taxes. the first and the worst. our economy grow. That’s what they The ratio of tax increases to spending We need to get spending and, there- did then. cuts gross 3 to 1. That’s what they fore, deficits under control to prevent a And now on this sequester proposal, think balance is. debt crisis. That’s what this does. It’s a what do they do? The chairman talks downpayment. Instead of saving hun- about eligibility. These are people who b 1110 dreds of billions of dollars like this bill are eligible to get food and nutrition does, we need to get into the practice assistance because they’re struggling. Let’s look at food stamps. Food of actually saving trillions of dollars, The nonpartisan Congressional Budget stamps went up 270 percent over the which is what our budget does, in order Office, which is our referee around last decade. If this passes, it will have to prevent a debt crisis from ruining here, has told us what the real-world gone up 260 percent. the American Dream for Americans. consequences of their proposal before Let’s talk about Medicaid and With that, Mr. Speaker, I reserve the us today would be. Over 22 million SCHIP. This program has gone up 50 balance of my time. households with kids would see their percent over the last 10 years. It’s pro- Mr. VAN HOLLEN. Mr. Speaker, I food and nutrition support reduced; jected to grow 125 percent over the yield myself such time as I may con- 300,000 kids knocked off the school next 10 years. If this passes, it will sume. lunch program; 300,000 kids knocked off grow 123 percent over the next 10 years. Mr. Speaker, there’s agreement here the Children’s Health Insurance Pro- If we can’t have a civil debate about on two things: one, we need to reduce gram. Those are the kinds of choices how to slow the growth of spending our long-term deficits—the question is they make because they refuse to take around here then we’ll never get this not whether we need to do that, but a balanced approach to this deficit under control. Medicaid alone made how; second, we agree that the auto- issue. $15.8 billion in overpayments in 2011 matic, indiscriminate, meat-ax cuts Now, I want to say one word about alone. If we can’t deal with this waste, scheduled to begin next January are defense spending. Last August, as part if we can’t deal with this overspending, the wrong way to reduce the deficit. of the bipartisan Budget Control Act, we can’t fix this problem. We need a responsible alternative. our Republican colleagues deliberately With that, Mr. Speaker, I yield 7 Now, the House Democrats put for- chose to expose defense spending to minutes of my time to Mr. HENSARLING ward a budget, as did the President, deep additional cuts rather than ask of the Financial Services Committee, that deals with this issue over 10 years millionaires and big corporations to and ask unanimous consent that he be in a balanced way, building on the share a greater responsibility for pay- allowed to yield time. more than $1 trillion of cuts we already ing for our national security. Now our The SPEAKER pro tempore. Without made on a bipartisan basis last August, Republican colleagues are on the floor objection, the gentleman from Texas and including additional cuts, but also today saying these defense cuts would (Mr. HENSARLING) will control the cutting tax loopholes that benefit spe- devastate our national security; but time. cial interests, and asking people who they still, even today, apparently Mr. HENSARLING. I thank the gen- make more than $1 million per year to aren’t concerned enough about the im- tleman from Wisconsin for yielding. help a little bit more toward deficit re- pact of those cuts on national security Mr. Speaker, I would like to yield 1 duction. That is the kind of bipartisan to ask millionaires to pay a little bit minute to the distinguished chairman approach that’s been recommended by more for our common defense. That’s of the Financial Services Committee, bipartisan groups like Simpson-Bowles the same kind of mentality that led us the gentleman from Alabama (Mr. and Rivlin-Domenici. Unfortunately, to put two wars—Iraq and Afghani- BACHUS). the Republican approach to the budg- stan—on our national credit card. Even Mr. BACHUS. Mr. Speaker, the Fi- et—and now to the sequester issue— as we asked our soldiers to sacrifice, nancial Committee’s work on this rec- takes this lopsided approach. we said we’re just going to put that on onciliation package saves more than Now, let’s remember, 98 percent of our national credit card. $35 billion. But more importantly, it our House Republican colleagues, while So there’s a fundamental question does what 2,300 pages of Dodd-Frank, they come down here and talk about here: If you’re so concerned about 400 new regulations, over 2,000 newly how we have this big deficit and debt those cuts to defense, why is it you hired Federal regulators, many them problem, they have signed a pledge won’t close one special interest tax living in my Maryland colleague’s dis- that says we’re not going to ask for one loophole to help pay for them? trict, and more than $24 million worth penny of additional contribution from We, the Democrats, had a substitute of compliance work required of Amer- people making more than $1 million a amendment that we would have been ica’s companies, at the cost of $100 bil- year to help reduce our deficit, not one able to debate and vote on right here lion, don’t: it ends the bailouts. penny. We won’t take one penny of tax- today. We took an alternative ap- A bailout fund doesn’t end the bail- payer subsidies away from the big oil proach. We also prevented those de- out; it guarantees them. We’re telling companies to help reduce the deficit. fense cuts. You know how we did it? We the big banks what my Democratic col- And the math is pretty simple after said we don’t need to make these big leagues didn’t want to tell them: if that. If you say from the beginning agricultural subsidies in direct pay- they make risky bets and make bad de- you’re not going to ask people making ments. We also don’t think we should cisions, they’re on the hook, not the $1 million a year to help do a little have taxpayer subsidies for the big oil taxpayers. No more privatizing the more to reduce our common deficit, if companies. We did it in a different way. profits, no more socializing the losses. you say you’re not going to ask compa- Apparently, our Republican colleagues In short, no more bailouts, period. nies that have these tax loopholes that are kind of worried about what we were Mr. VAN HOLLEN. At this time I actually incentivize them to ship jobs going to propose because they brought yield 2 minutes to the gentlewoman overseas to pay a little bit more, what a closed rule to the floor, meaning from Ohio (Ms. KAPTUR). do you do? Your budget has to whack Democrats didn’t have an opportunity Ms. KAPTUR. I thank Ranking Mem- everyone else, and that’s what it did. to get a vote on our alternative. ber VAN HOLLEN.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6586 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 Well, here we are again. America is tunately, this family is spending $37,000 sponsibility. All of us agree that the still recovering from the worst eco- a year, so they’re spending $13,000 more implementation of sequestration would nomic downturn since the Great De- a year than they’re making. be a damaging, harmful approach to pression, and the Republicans don’t And they just got their credit card take in an effort to achieve deficit re- seem to understand that we need to statement the other day, Mr. Speaker, duction. focus on job creation. and they found out they owe $157,000 on The difference between Democrats Our economy has been producing pri- their credit card. And people out there and Republicans is that, instead of tak- vate sector jobs each month for the would say, that’s a family that doesn’t ing a balanced approach, the Repub- last 2 years, in stark contrast to the have a future. licans would replace sequestration with Bush years. But today we’re not debat- Unfortunately, the family that I’m tax breaks to millionaires and special ing job growth to balance the budget. just talking about here, Mr. Speaker, is interests while ending the Medicare We aren’t considering a transportation the United States of America, because guarantee, slashing investments that bill today. No, that would create the I took the eight zeros off of the front of strengthen our economy, and shredding most new jobs, making real invest- these numbers that we’re kicking the social safety net. Not surprisingly, ments in America by putting people around today. important provisions of the Affordable back to work and growing our econ- So I think the American people Care Act are in their sights. omy. ought to be excited that we’re here The Prevention and Public Health Today we are debating nothing more today making a start. And let me point Fund was an unprecedented investment than the latest political talking points out, this is just a start to addressing a in our Nation’s health and well-being, for the Republican Party. We all know very large problem. And so when we go particularly the health of America’s that this strategy is going nowhere in into some of the programs out there women and children. By providing the Senate. So instead of focusing on like the Consumer Protection Finan- funding for vital cancer and infection economic growth and job creation, the cial Bureau basically that was tucked screenings, modernizing vaccine sys- Republicans have decided to protect inside the Fed, has no accountability, tems, and the fight against epidemics their rich friends and slash the pro- that was the reason I was pleased to in- like obesity and diabetes, this fund grams that the most needy in our troduce H.R. 1355 to bring account- truly invests in our Nation’s health, country depend upon. ability to that. and it will provide savings down the While protecting the well-heeled, The American people deserve ac- line by helping to catch afflictions here’s what the Republican bill does to countability, and they also deserve for early. ordinary families: this body to come together and work By seeking to undermine the Afford- Cuts health coverage for the least on this very large problem because, as able Care Act, the Republican rec- among us, 300,000 low-income children. has been pointed out, a lot of the onciliation bill would eliminate fund- The Republican bill slashes food and things that we actually vote on, in ing for hundreds of thousands of life- nutrition support for the unemployed fact, this $13,000 deficit, if we elimi- saving screenings, all to score political and for struggling children and fami- nated the part of spending that we are points with their extreme base. lies. talking about voting on in these appro- Mr. Speaker, just a few years ago, The Republican bill eliminates Social priation bills, it would only eliminate when I was 41 years old, I found a lump Services Block Grants, which give $11,000 of that deficit. And so this fam- in my breast, which was confirmed to States and local communities flexi- ily would still have a $2,000 budget def- be cancer in a series of screenings, in- bility to target funding for essential icit, even after we eliminate all of the cluding a clinical screening just like services like Meals on Wheels, pre- programs that we vote on. the ones that this fund provides. These venting child abuse and neglect, and Mr. Speaker, this is the business that screenings saved my life. providing child care for working par- we are supposed to be about. Let’s But this bill would prevent 326,000 ents. work together and protect the future of women from having access to the same The Republican bill wants to repeal our children and our grandchildren so lifesaving screenings that I did. It will the Prevention and Public Health Fund that they will have a future, they will prevent an estimated 10,300 women established under the Affordable Care have an opportunity to have jobs and from being diagnosed with breast and Act. And what does that do? It sup- opportunities in America. cervical cancer in its early stages, and ports cancer screenings, including for Mr. HENSARLING. Mr. Speaker, I re- it may cost them their lives. breast and cervical cancer, immuniza- serve the balance of my time. Furthermore, this bill slashes fund- tions, education, research, and preven- Mr. VAN HOLLEN. Mr. Speaker, I ing for screening for birth defects, de- tion, which, in the end, saves the most just would like to respond to the chair- velopmental disabilities, and hearing money. Prevention saves money. man of the Budget Committee in terms loss in children. How can any of us, in good con- If the Republicans were serious about of the ratio of cuts to revenue. I think science, cut funding by cutting invest- putting our fiscal house in order, they the gentleman will recall that one of ments in children’s health? would put forward a serious proposal the recommendations that the bipar- Frankly, as a mom of three young that grows our economy and creates tisan commission made was the trillion kids, I’m stunned because I think it’s jobs to balance the budget and involves dollars in cuts that we made as part of just common sense that you don’t pay shared sacrifice. That’s how you bal- the Budget Control Act, that was 100 down a deficit our children didn’t cre- ance budgets—you grow the economy. percent cuts. If you take that into ac- ate by compromising their health. I look forward to that day. count, the reality is what we’ve done Our constituents deserve a balanced Mr. HENSARLING. Mr. Speaker, at so far with our proposal is 92 percent approach to deficit reduction. The Re- this time I yield 2 minutes to the gen- cuts, 8 percent revenue, and with that publicans’ approach would deny women tleman from Texas (Mr. NEUGEBAUER). revenue generated by closing those tax like me access to screenings that save Mr. NEUGEBAUER. Mr. Speaker, a loopholes I talked about earlier. lives and deny children the screenings lot of discussion here this morning With that, I yield 2 minutes to the they need so we can keep them about who we’re protecting. Well, real- gentlewoman from Florida (Ms. healthy. It’s unacceptable, and I ask ly the reason we’re here today is to WASSERMAN SCHULTZ). colleagues with a conscience to vote protect the future of America. Ms. WASSERMAN SCHULTZ. Mr. down this terrible bill. They’re throwing around a lot of Speaker, I rise today in opposition to large numbers here, but I think what the Sequester Replacement Reconcili- b 1120 we need to do is put in perspective ation Act, the second phase in the Re- Mr. HENSARLING. Mr. Speaker, I what we’re talking about here today. I publicans’ Pathway to Poverty plan. yield myself 2 minutes. want to talk to you about a little fam- This bill, once again, fails to reach It is important for us to remember ily that’s making $24,000 a year. Unfor- any measure of fairness and shared re- why we are here. We are here because

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6587 the President’s policies have failed—a to this House last September is still with the food kitchens, have worked trillion-dollar deficit, a second trillion- sitting here. Fortunately, we finally with the food stamp recipients. dollar deficit, a third trillion-dollar did a piece of it with the payroll tax The SPEAKER pro tempore. The deficit, and now a fourth trillion-dollar cut. time of the gentleman has expired. deficit—putting the Nation on the road My Republican colleagues say they Mr. VAN HOLLEN. I yield the gen- to bankruptcy. That’s why we have a have an answer. Their answer is back tleman an additional 30 seconds. reconciliation bill before us. to the old trickle-down economics: an- Mr. BLUMENAUER. The answer, in I hear my friends on the other side of other round of tax breaks for the folks part, was that we can’t do this. We do the aisle talk about deep cuts. The at the very top, and somehow that’s agree on some farm reform, but we deepest cuts that are happening in going to trickle down and lift every- have to do it when we reform the farm America today are to the family budg- body up. bill. That’s coming up for reauthoriza- ets of breadwinners who are either un- Do you know what? We tried it. It tion later. You’ll have to do it in the employed or underemployed due to the didn’t work. It was called 8 years of the farm bill. That’s where we deal with di- economic policies of this administra- Bush administration. We had two back- rect payments. That’s where we deal tion. We just got the news last month: to-back tax cuts at the end of the 8 with crop insurance. the third month in a row where job years, a net job loss in the private sec- Hello? Where are food stamps author- growth is down. We’re not even keeping tor after those 8 years, and we had big ized? They’re in the exact same farm pace. We have the lowest labor force deficits. The last time we had a bal- bill, and the Republicans have decided participation rate in 30 years because, anced budget here was in 2001, which they’re going to ignore this oppor- Mr. Speaker, people have given up on was before those policies. So it is im- tunity for a bipartisan compromise the Obama economy. Those are the portant for us to get the history of the that will save more money and protect deep cuts that truly count. past right in order to make sure we families. Instead, they’re going to pro- Republicans have a plan for Amer- know how to move forward properly in tect agribusiness and avoid an oppor- ica’s job creators. We want to get this the future. tunity for everybody to win on the economy going; and as we do, as people I now yield 2 minutes to the gen- floor. It’s shameful and should be re- go back to work, they will get off of tleman from Oregon (Mr. BLU- jected. the welfare checks and onto the pay- MENAUER). Mr. HENSARLING. Mr. Speaker, I checks. That’s what counts. So Repub- Mr. BLUMENAUER. I appreciate the would like to yield 30 seconds to the licans have brought forth a reconcili- gentleman’s courtesy in permitting me gentleman from Texas (Mr. CANSECO). ation plan that says, You know what? to speak on this just as I appreciate his Mr. CANSECO. I thank the gen- Maybe we ought to quit spending setting the stage in terms of why we’re tleman from Texas for yielding. money we don’t have, and maybe this here, in terms of what President Mr. Speaker, the Financial Services will help provide part of the confidence Obama inherited when he was elected Committee has responsibly contrib- that job creators need to put America to office. uted, roughly, $35 billion in deficit re- back to work. But another reason we’re here is that duction measures to this bill, and I am I am very proud of the work that was the Republican leadership doesn’t want happy that one of these measures that done on the Financial Services Com- to work with us in a balanced and rea- I sponsored—a repeal of the Office of mittee, among other things, to end the sonable way to reduce the deficit and Financial Research—was adopted by perpetual Wall Street bailout fund that get us on a sustainable path. Nothing is voice vote in our committee. This was put in by the Democrats in the a greater illustration of this than the agency, which was created by the Dodd-Frank bill, because if you lose response to an amendment that I of- Dodd-Frank, is a threat to the privacy your ability to fail in America, you fered in the Budget Committee. On of every American citizen, and it has lose your ability to succeed, and the Monday, when we were dealing with no place in a system of checks and bal- American people are tired of the bail- this, I offered up to my colleagues: ances such as ours. Repealing the OFR outs. Instead of eliminating food stamp will save $270 million over 10 years, and I reserve the balance of my time. benefits for 2 million people, cutting Americans will be better off for it. Mr. VAN HOLLEN. Mr. Speaker, be- benefits early to 20 months, reducing Mr. VAN HOLLEN. I reserve the bal- fore I turn to one of my colleagues, let benefits for 44 million people in total, ance of my time. me say in response to my friend Mr. school lunches for 280,000 children, I Mr. HENSARLING. Mr. Speaker, I HENSARLING that the American people said, Wait a minute. Why don’t we yield myself the remaining 11⁄2 min- are well aware of what was happening work together on something that we utes. to the economy the very day the Presi- agree on? The American people know that after dent was sworn in as President of the I’ve worked with the chairman of the the Nation’s first, second, third, and United States: losing 800,000 jobs every Budget Committee in the past to try now fourth trillion-dollar deficit—the month, the economy in free fall, al- and reform agriculture subsidies. We American people know after the worst most 9 percent in negative economic got reconciliation instruction from the employment record in 30 years—that growth. People’s retirement savings Ag Committee that takes it all out of the problem is with the President’s had dropped by one-third compared to the nutrition for poor people, for chil- economic policies. Ultimately, the de- where they were in 2007. That’s the dren, for struggling families. I said, bate comes down to this: Do we have a economy the President inherited. Why don’t we go to where we agree: debt crisis because Washington spends As a result of the extraordinary crop insurance wastes billions, and di- too much or because the American peo- measures taken by the President, by rect payments go to farmers who don’t ple are undertaxed? the previous Congress and, most impor- need them and don’t deserve them. My colleagues on the other side of tantly, with the fortitude of the Amer- We have an opportunity to put rea- the aisle say a nation can tax its way ican people, what we see is this. After sonable limits on the amount that goes into economic growth, that it can tax the day the President was sworn in and to the wealthiest agribusiness inter- its way into economic prosperity. They when the economy was in free fall— ests. We’ve worked on that together. A want to impose taxes on 40 percent of those were jobs lost—we began to lift majority of the Budget Committee, I’m the income on small businesses, and ourselves slowly out. We have now had sure, agrees. It would pass on the floor, they somehow think they will create 25 consecutive months of positive pri- and we could meet this objective and more jobs. vate sector job growth. more without assaulting the well-being Mr. Speaker, if you gave them every Is it enough? No. Of course, we had of 44 million struggling Americans. I’ve job-harming tax increase that they no help from our Republican colleagues looked at those people in my commu- have asked for, it would be roughly 16 in working on the turnaround. The nity, and I can’t imagine my colleagues percent of the additional $11 trillion of President’s jobs bill that he submitted who are proposing this have worked debt that the President wants to put on

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6588 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 this economy, our children and our tion tax credit that I authored for legal immigrant is claiming $29,608 as a grandchildren. The American people more opportunity at the Alamo Col- tax credit for 20 children who live in know we can do better. It is time to leges, at Texas State and institutions Mexico and have never visited the quit spending money we don’t have for across this country. United States before. jobs the stimulus program never cre- It is a wreck for our most vulnerable What we’re saying is government ates. neighbors, the Texas seniors, who rely spending on these programs should go on one hot meal a day from Meals on to the people who they are intended b 1130 Wheels. Their director says it will be for, not to people who are not eligible I’m proud to be a part of this rec- ‘‘devastating’’ to eliminate the Social and are not intended for. If we’re going onciliation package which will save the Services Block Grant, a wreck for to do prevention for health care, then draconian cuts that are aimed at our those seniors. It is a wreck for those do cancer screenings, do cancer re- warfighters and their families and be who are relying on food security, like search. Don’t fund signs for bike paths. able to begin the process of ensuring the 74-year-old who gave me this paper With that, Mr. Speaker, I yield 2 that a great Nation lives within its plate at the food bank in San Antonio: minutes to the distinguished gen- means and that we can give the next ‘‘My Social Security check doesn’t give me tleman from California, the chairman generation greater hope, greater oppor- enough to buy any groceries, just my rent of the House Armed Services Com- tunity, greater economic growth. and utilities. Without the food bank, I would mittee, Mr. MCKEON. I urge all my colleagues to support starve.’’ Mr. MCKEON. Mr. Speaker, I rise this reconciliation bill. Those are the kinds of people for today in strong support of H.R. 5652. I yield back the balance of my time. whom this bill is a wreck right now. Fifty percent of the savings that we Mr. VAN HOLLEN. Mr. Speaker, I We had a President once who realized have already generated this year have would just point out that the non- the need for shared sacrifice. He had al- come from the military cuts, and we’re partisan Congressional Budget Office most half of his budget from new rev- talking about adding another $500 bil- lion to $600 billion on top of that next has stated that as a result of the eco- enue. What he said was that ‘‘closing January with sequestration. That’s nomic recovery bill and the extraor- off special interest loopholes’’ was just over a trillion dollars a year coming dinary actions that were taken, over 4 ‘‘a matter of simple fairness.’’ His out of the military over the next 10 million jobs were created or saved. name was Ronald Reagan. I think we years, while defense spending only ac- That means a lot to the people who might follow that example. The SPEAKER pro tempore. The counts for less than 20 percent of our didn’t lose their jobs and to the people budget and while we’re fighting a war who were losing their jobs at the rate time of the gentleman has expired. Mr. VAN HOLLEN. I yield the gen- in Afghanistan and facing other uncer- of 800,000 per month when the Presi- tainties around the world. dent was sworn in. Are we where we tleman another 30 seconds. Mr. DOGGETT. We would contrast Let me remind everyone here of the want to be? Of course not. Are we a lot that example with those Republican major consequences of sequestration. better off than we were? We’re pulling Presidential candidates who said they There will be 200,000 troops taken out ourselves up. The last thing we want to wouldn’t support $1 of additional rev- of the Army and the Marines, bringing do is go back to where we were. enue for $10 of spending cuts to get our our force level down below pre-9/11 lev- Nobody on the Democratic side has budget in balance. els. The ability to respond to contin- said we can deal with this on the tax This is a ‘‘wreckonciliation’’ bill that gencies in North Korea and Iran and side alone. I keep hearing that. It’s just asks nothing of Mr. Exxon, that asks other hot spots around the world will not true. We just voted on a bipartisan nothing more of hedge fund managers, be put in jeopardy. We will have a fleet basis in August for a trillion dollars in but asks those who are most vulnerable of fewer than 230 ships for a Navy that cuts. What we propose is what every bi- in our society to share more pain. has protected the sea lanes around the partisan group that has looked at this I think we must reject this reconcili- world and our commerce. Ninety-five challenge has said: you have to do this ation bill which is a wreck for so many percent of our commerce travels on the through a combination of cuts, but you American families. sea. They’ve protected that since World also have to get rid of all that pork- Mr. RYAN of Wisconsin. Mr. Speaker, War II. They’ll be taken down to pre- World War I levels. barrel stuff in the Tax Code and use I yield myself 11⁄2 minutes to just ad- some of that to reduce our deficit. Ask dress a few of these. We’ll have a smaller Air Force than the folks who have been making over a If you’re eligible for food stamps at any time since the Air Force was million dollars a year to help pay more today, you’ll be eligible for food created and two rounds of base clo- for our common defense. That is just stamps tomorrow under this bill. We’re sures. That’s why Secretary Panetta common sense. simply saying you have to be eligible has said, It’s not shooting ourselves in With that, I yield 2 minutes to the for this benefit to actually get the ben- our foot with sequestration; it’s shoot- gentleman from Texas (Mr. DOGGETT). efit. ing ourselves in the head. That’s why Mr. DOGGETT. Mr. Speaker, nor- The slush fund, which is called the 31 organizations representing more 1 mally when we think of reconciliation, Preventive Services Fund, doesn’t fund than 5 ⁄2 million American troops and we think of a coming together, of find- cervical and breast cancer research. It veterans have called on Congress to act immediately to prevent these cata- ing common ground. This is not such a funded things such as the Pitt County, reconciliation. Rather, this is a bill strophic cuts to our military. North Carolina, funds for signage to Mr. Speaker, I urge all Members to that provides more tax breaks to the promote recreational destinations, in- support our troops, support our na- few and more pain to the many. It is, cluding public parks, bike lanes, and tional security, and support this bill. in fact, a wreck, as in a train- or auto- more. The city of Boston received a $1 Mr. VAN HOLLEN. Mr. Speaker, I wreck—‘‘wreckonciliation.’’ million grant for urban gardening. The also urge all our colleagues to support There is legitimate concern that we New York Department of Health used a our troops and support our military, must address our budget difficulties to $3 million taxpayer-funded grant from and the Democratic substitute that we avoid a long-term budget wreck, but I this fund to lobby for a soda-tax initia- offered would have made sure that the am concerned about the wreck that tive. The Cascade Bicycle Club Edu- sequester on defense spending did not this legislation under consideration cation Foundation granted $3 million take place. today poses to the lives of so many to the Seattle and King County Public I have great respect for the chairman Americans. It is a wreck for edu- Health Facility to use taxpayer dollars of the Armed Services Committee, Mr. cational opportunity. The failure of to ‘‘improve the walking and biking en- MCKEON, who just spoke. Here’s what this Budget Committee to address the vironment.’’ This is where our tax- he said not long ago. He said: needs of our youngest Americans with payer dollars are going. We need to address our budget problems Head Start and early learning, the fail- With regard to the child tax credit, comprehensively, through smarter spending ure to extend the More Education tui- one investigation in Indiana said an il- and increased revenue.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6589 He also said: say, It’s time. We don’t have the lux- the Agriculture Committee’s manda- If it came that I only had two choices, one ury to be giving big oil companies tax tory spending. Over the past 10 years, was a tax increase and one was a cut in de- breaks any longer. Instead, let’s make the cost of SNAP has nearly tripled, in- fense over and above where we already are, I sure that children across America can creasing by 270 percent. The changes would go to strengthen defense. see a doctor, can get the immuniza- that we’re proposing today cut only 4 In our Democratic substitute, we said tions that they need. But what was the percent over the next 10 years. let’s close some of those tax loopholes vote? The Republicans rejected that I would like to make it absolutely to generate a little more revenue to commonsense amendment. It was paid clear. None of these recommendations help pay for defense; let’s ask people for by eliminating these Big Oil sub- will prevent families that qualify for who are making over a million dollars sidies. assistance under SNAP from receiving a year to get rid of some of their tax This is what Thomas Mann and Norm their benefits. We are working to bet- breaks to help pay for our common de- Ornstein mean by they are ‘‘ideologi- ter target the program and improve its fense so that we don’t have to have a cally extreme.’’ It’s not in keeping integrity so that families in need can budget that whacks everybody else in with our values, as Americans. And I continue to receive nutritional assist- the country. That’s what the chairman urge my colleagues to vote ‘‘no’’ on the ance. of the Armed Services Committee said. Republican budget and sequestration Opponents of this legislation would I agree with him. He got beaten down plan. have you believe that we are deci- by many in the Republican Party after Mr. RYAN of Wisconsin. Mr. Speaker, mating the nutritional safety net and he made those comments with them I yield myself 30 seconds to make three that hungry children and seniors will saying, oh, you violated that pledge points. be left to fend for themselves. That is that says we’re not going to raise one That line the gentlelady used about a false and misleading scare tactic. It’s more penny of revenue to reduce the Medicare was rated the ‘‘lie of the important to remember that many of deficit. But he was candid. year’’ in 2011 by PolitiFact. Number the very people opposing these cuts two, the reason the Democratic sub- proposed and voted for similar meas- b 1140 stitute is not being considered is be- ures during the last Congress when Unfortunately, neither he nor any cause it violates the House rules. they were in control of this body. Not one of us are going to have a chance to What’s interesting about that is, it once, but twice my colleagues on the vote on the Democratic substitute that would have violated the House rules left voted to cut a temporary increase makes sure that we don’t have the de- that the Democrats had when they in SNAP benefits under the American fense sequestration. We just do it in a were in the majority. The third point Recovery and Reinvestment Act. One balanced way, through cuts as well as is, when it comes to tax loopholes, of those cuts was to pay for the bailout closing some of these tax loopholes. we’re proposing to close those tax loop- of a union. And now that House Repub- I now yield 2 minutes to the gentle- holes in order to lower tax rates for licans are advocating that same policy, lady from Florida (Ms. CASTOR). American families and businesses to those across the aisle are crying foul. Ms. CASTOR of Florida. I thank the create jobs. They want to do it to pre- By ending the artificial increase in ranking member. vent spending cuts; $3 of tax increases SNAP benefits, we can save $5.9 billion Mr. Speaker, two of the most promi- for $1 of spending cuts is the math and over 10 years, and we won’t be turning nent independent scholars on Congress, the logic that the other side chooses to that into more government spending. Thomas Mann and Norm Ornstein, re- use. When you have a spending prob- It will go towards deficit reduction. cently completed a detailed research lem, you’ve got to cut spending. This legislation also ends bonuses initiative. They’ve never been shy in With that, Mr. Speaker, I yield 5 that have been awarded to States on criticizing either side of the aisle. But minutes to the gentleman from Okla- the taxpayer dime. States are respon- their latest research concluded that homa (Mr. LUCAS), the chairman of the sible for administering SNAP, and it’s the Republican Party has become Committee on Agriculture, and ask their duty to make sure the program is ‘‘ideologically extreme; scornful of unanimous consent that he be allowed operating in the most efficient and ef- compromise; unpersuaded by conven- to yield time. fective fashion. We save nearly $500 tional understanding of facts, evidence, The SPEAKER pro tempore. Without million by ending bonuses that are and science.’’ And they said: objection, the gentleman from Okla- given to States for merely doing their When one party moves this far from the homa will control the time. job. We also find savings by closing mainstream, it makes it nearly impossible There was no objection. loopholes that allow States to game for the political system to deal construc- Mr. LUCAS. Mr. Speaker, I rise in the system when administering SNAP. tively with the Nation’s challenges. support of this legislation. First, we’ll stop States from abusing The Republican budget is a perfect It’s no secret that we’re facing a se- the Low Income Home Energy Assist- example of that. The Republican budg- vere debt crisis right now. We have al- ance Program, LIHEAP, to inflate et shields special interests from par- most $16 trillion in debt piled up. And SNAP benefits. States are exploiting ticipating in deficit reduction, and in- if we don’t act quickly, we will be pass- the interaction between LIHEAP and stead says, We want to end Medicare as ing a crushing burden on to our chil- SNAP by sending a token check to we know it. We target children and our dren and grandchildren. households which can trigger hundreds older neighbors and middle class fami- Reducing government spending, of dollars in increased SNAP benefits. lies for the overwhelming burden of though, is never an easy task. We face LIHEAP is a valuable program for deficit reduction. difficult choices, but House Repub- households in need of assistance with If a political party wanted to under- licans have lived up to our responsi- heating and energy costs. It shouldn’t mine the health and economic security bility to find ways to cut our costs so be abused in this fashion. of millions of American families, well, that we can once again live within our In New York City, a $1 LIHEAP then, this is the way to do it. And it’s means. check triggers an additional $131 in too bad, because I believe Democrats The House Agriculture Committee SNAP benefits per month for nearly and Republicans agree on the need for has been asked to do its part by finding 90,000 households. In Washington State, deficit reduction, but we have starkly $33 billion in savings over 10 years. We a $1 LIHEAP check triggers an addi- different visions on how to get there. did that by making credible, common- tional $43 million in SNAP benefits. Others have called this Republican sense reforms to the Supplemental Nu- That’s egregious, and taxpayers know budget extreme, reverse Robin Hood, trition Assistance Program, or SNAP. it. These token checks not only under- destructive, and a threat to middle These provisions reduce waste and mine the integrity of both SNAP and class security. abuse and close program loopholes. LIHEAP, but they also cost taxpayers And here’s an example. In the Budget SNAP, formerly known as food billions of dollars in overpayments. Committee, I offered an amendment to stamps, comprises almost 80 percent of Closing this loophole saves $14.3 billion

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Instead, budget on the backs of the most vul- efit from certain low-income assistance they took $33 billion out of food and nerable—our seniors, our children, programs to become automatically eli- nutrition programs. those who are struggling—while not gible for SNAP. Some of these benefits Now, we should be very clear on this. asking the most fortunate in our soci- can be as simple as providing a house- People say that they’re going to make ety to contribute anything more. hold with a pamphlet or access to a 1– sure that everyone who’s eligible to get I urge my colleagues to reject this 800 number hotline. When States imple- food stamps will. And then they say, latest misguided effort by voting ment categorical eligibility, these under SNAP, suggesting that there are against H.R. 5652. households do not need to meet SNAP a lot of people who are getting it who Mr. RYAN of Wisconsin. Mr. Speaker, or gross income tests. That’s how lot- are cheating. That’s not true. All those I yield myself 30 seconds simply to say tery winners slip through the cracks other people are eligible. They’re eligi- that the Social Services Block Grant, and continue to receive nutrition as- ble. according to the Government Account- sistance. When someone is categori- And it’s not Democratic scare tactics ability Office, is a textbook example of cally eligible for SNAP, States don’t saying all these people are going to overlap and duplication of Federal pro- have to verify assets, like lottery lose their access to food and nutrition grams. It’s one of 69 programs to fund winnings. programs. It’s the nonpartisan Con- early education; it’s one of 200 pro- And it isn’t just lottery winners that gressional Budget Office, the referee grams serving Americans with disabil- are unfairly collecting benefits either. here, that was never contested by our ities; and it’s one of 49 programs pro- The Cincinnati Enquirer reported that Republican colleagues in the Budget viding education and training services. one woman collecting $500 per month Committee. They say 22 million Amer- The program demands no account- in SNAP benefits had $80,000 in savings, ican households with children will see ability for results and provides no a paid-for home valued at about their food and nutrition support re- means to measure the impact of the $300,000, and a Mercedes. duced; 2 million Americans, approxi- programs. The SPEAKER pro tempore. The mately, will lose all access to the food Mr. Speaker, we’ve got to end dupli- time of the gentleman has expired. and nutrition programs through SNAP; cation and waste in government. We’re Mr. RYAN of Wisconsin. I yield the 300,000 kids will lose the school lunch saying also, on the tax side, close loop- gentleman an additional 30 seconds. program. Those aren’t our facts. That’s holes for tax reform, not to fuel more Mr. LUCAS. So let me repeat what I what the Congressional Budget Office spending. said earlier: These provisions do not says. With that, Mr. Speaker, I yield 5 decimate the program and leave strug- With that, I yield 2 minutes to the minutes to the gentleman from Penn- gling families to fend for themselves. gentlelady from Oregon (Ms. BONAMICI). sylvania (Mr. PITTS), a member of the What they do is restore program integ- Ms. BONAMICI. Thank you, Ranking Energy and Commerce Committee, and rity. They reserve taxpayer dollars for Member VAN HOLLEN. ask unanimous consent that he be al- families that are in need of assistance. I rise today in strong opposition to lowed to yield time. Every one of these provisions rep- H.R. 5652, the Sequester Replacement The SPEAKER pro tempore. Without resents common sense and good gov- Reconciliation Act. objection, the gentleman from Penn- ernment in a time of fiscal restraint. Not long ago, we were here debating sylvania will control the time. There’s no denying that SNAP pro- a very misguided budget resolution. There was no objection. vides important support to many And today, with H.R. 5652, the leader- Mr. PITTS. Mr. Speaker, I yield my- Americans. ship has decided to double down on the self such time as I may consume. draconian cuts that were contained in The reconciliation package we bring b 1150 that budget. to the floor today sensibly reduces That’s why it’s important that we en- We should be able to come together spending so that we can continue to sure the integrity of the program. and have a frank discussion about def- adequately defend our Nation. Those who qualify for SNAP under the icit reduction. That is what the Amer- The first responsibility of the Fed- law will continue to receive benefits. ican people expect, and that’s what the eral Government is to keep our Nation By voting for this package, we’re not American people deserve. But instead, safe from foreign threats. By cutting only doing our part to reduce the debt, here we are today considering another wasteful spending and reforming pro- we’re improving the implementation of bill, and here we are today with an- grams, we can continue to maintain a this important program while con- other missed opportunity. There’s not military that keeps us secure at home tinuing to meet the nutritional needs even the ability to consider a balanced and makes the world a more peaceful of our fellow Americans. alternative today. This is of particular place. I urge my colleagues to put aside the concern because of what is actually in I am proud to report that the Energy rhetoric and vote for these reforms. this bill. and Commerce Committee exceeded Mr. VAN HOLLEN. Mr. Speaker, I Instead of cutting back generous ag- the budget instructions by $17 billion yield myself such time as I may con- riculture subsidies, this bill is cutting to save a total of $114 billion over 10 sume. food stamps, the Supplemental Nutri- years. In three titles, we cut wasteful First, I would just like to respond to tion Assistance Program. This means a programs created by ObamaCare, re- the chairman of the Budget Committee reduction in benefits for an estimated form the Medicaid program, and reform and point out that the Rules Com- 47 million people and a loss of benefits our broken medical liability system. mittee waived three rules to bring the for almost 2 million people. With the Nation struggling with tril- Republican legislation to the floor. It Instead of closing loopholes for oil lion-dollar deficits, the President chose couldn’t waive one rule to allow a companies, this bill eliminates the So- to increase government spending by Democratic substitute to have an up- cial Services Block Grant—not reduces, more than another $1 trillion with his or-down vote. And the one rule you not tweaks, eliminates the Social Serv- health care law. This wasn’t reform; it wouldn’t waive is the one that rigs the ices Block Grant—which are grants was a government takeover of one- process against closing special interest that assist States in providing a wide sixth of the U.S. economy that will in- tax loopholes. range of services, from support to crease dependency and bankrupt the To the chairman of the Agriculture Meals on Wheels, to foster care. These Nation. We continue to push for full re- Committee, I think everybody needs to are programs that feed struggling sen- peal, but also do everything we can to

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We They are at least partially responsible $16 billion and called for a permanent need to give States the flexibility to for the unacceptable unemployment annual allotment of $2 billion per year run these programs efficiently and to situation, including 10 percent unem- for this fund. That’s $2 billion a year in help the truly needy. ployment among Hispanics in the perpetuity. So, in 2036, 2037, and 2057, We also repeal an unwise bonus pro- United States. the Secretary of HHS has complete au- gram that encourages States to under- As you know, the bill before us re- thority over this $2 billion to spend on mine the integrity of the program. We turns the Medicaid funding cap and whatever he or she wishes without should not place unnecessary barriers Federal match to pre-ObamaCare levels coming back for appropriations author- to qualifying for Medicaid, but neither for the U.S. territories. ization from Congress. Let’s call this should we encourage States to over- The SPEAKER pro tempore. The what it is: It’s a slush fund for the Sec- simplify reviews of eligibility. We do time of the gentleman from Pennsyl- retary of Health and Human Services. not have unlimited funds. Again, Med- vania has again expired. Almost any program can make a icaid coverage needs to be open only to Mr. DIAZ-BALART. If I may have an claim that it is preventative. The Sec- the truly needy. additional 30 seconds, Mr. Chairman. retary has the sole role of control of Finally, we include real medical li- Mr. RYAN of Wisconsin. An addi- the fund and, so far, has found some ability reform in this reconciliation tional 30 seconds. I’ve got three other quite interesting ways to spend it. For package. The President’s health care committees that are coming. example: law gave a pitiful $50 million for liabil- Mr. DIAZ-BALART. I thank the gen- In Pitt County, North Carolina, a re- ity reform demonstration projects. tleman. cipient used the money to fund signage The SPEAKER pro tempore. The For years, the territories have ex- for parks and bike lanes; time of the gentleman has expired. pressed concern with the funding lev- In Boston, they spent $1 million on Mr. RYAN of Wisconsin. I yield the els, and I believe that PPACA was a ve- urban gardening; gentleman an additional 30 seconds. hicle to try to alleviate some of those One of the vaunted successes of the Mr. PITTS. This is paying lip service concerns. My hope is that we can work program was getting the city of Bald- to a $200 billion problem. together, along with Governor win Park, California, to put a 9-month I recently heard from a doctor who Fortun˜ o, who has been the most fis- moratorium on construction of fast has been practicing in my district for cally responsible Governor in Puerto food restaurants. Government should decades. He bemoaned defensive medi- Rico, looking into the funding levels in be encouraging job creation, not find- cine but was even more concerned that Medicaid so that we can properly ad- ing ways to stop it for a few months; doctors being trained in today’s cli- dress the needs of the millions of U.S. New York spent $3 million to lobby mate don’t even realize that they are citizens in the territories. for a soda tax issue; prescribing unnecessary tests. Mr. PITTS. Mr. Speaker, I very much Philadelphia spent money to push for Defensive medicine is simply becom- appreciate the gentleman’s concerns higher State cigarette excise taxes. ing the norm. Medical liability reform and want to assure him that these Why on Earth is the Federal Govern- means saving for consumers, for doc- issues deserve the attention of my ment paying for campaigns to lobby tors, and for the government. Health Subcommittee. And as we con- State governments? Mr. Speaker, I am proud of the job tinue the legislative process, I will These are all examples from just the we’ve done in the Energy and Com- gladly work with the gentleman and last 2 years. Who knows what projects merce Committee. Governor Fortun˜ o to address the needs will get money in the future. We have numerous public health and I urge all of my colleagues to support of our most vulnerable citizens in the prevention funds that can be managed the reconciliation package. territories. Mr. VAN HOLLEN. Mr. Speaker, I through the yearly appropriations I would now yield such time as he yield myself such time as I may con- process. A permanent slush fund with may consume to the gentleman from sume. limited oversight guarantees that Florida (Mr. DIAZ-BALART). The SPEAKER pro tempore. The I know it makes our Republican col- money will be wasted every year. We also repealed the unlimited au- time of the gentleman from Pennsyl- leagues feel better when they pretend thority to fund the implementation of vania has again expired. that these cuts don’t harm real people, State health insurance exchanges. Mr. RYAN of Wisconsin. I yield the but the reality is they do harm real ObamaCare gave the Secretary a credit gentleman an additional 1 minute. people, and the cuts that were made in card with no limit, a bottomless direct Mr. DIAZ-BALART. Thank you, Mr. Energy and Commerce will mean that appropriation. This is unprecedented Chairman. 300,000 children will no longer get and unwise. Again, we need oversight I rise today to engage in a colloquy health care throughout the Children’s in order to make sure that the public’s with my friend from Pennsylvania (Mr. Health Insurance Program. That’s not money is being wisely spent. Congress PITTS), chairman of the Energy and my fact. That’s from the nonpartisan never should have abdicated its author- Commerce Health Subcommittee. Congressional Budget Office. ity in this area, and now we need to re- Mr. Chairman, I am clearly no fan of We have heard a lot about the fact claim it. ObamaCare, and I know that you are that cuts to the prevention fund to We defund the CO-OP program before not as well, Mr. PITTS. You and your help provide for healthier starts, that billions of public dollars can be lost. committee have done some excellent won’t have any impact. We hear these The Office of Management and Budget work in the reconciliation process in stories coming up. I would just like to estimates that a significant portion of eliminating some of the major spend- put in the RECORD information from the funds given to unproven CO-OPs ing abuses in this law. I do have a con- the Centers for Disease Control that re- would never be returned to the Treas- cern, however, with one of the provi- futes this urban legend that somehow ury. We would stop this funding before sions that would affect Puerto Rico these funds were used to spay or neuter HHS creates its own Solyndra. and what they receive in Medicaid dogs. These things just aren’t true. funding. The reality is that it will mean b 1200 The fact of the matter is the question 326,000 women will not get breast can- The President’s health care law regarding Medicaid funding for the ter- cer screenings and 284,000 will not get places a dramatically increased burden ritories was separate and has been sep- cervical cancer screenings. That’s what

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6592 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 happens when you zero out the preven- NASHVILLE/DAVIDSON COUNTY METRO PUBLIC Mattapan, and Dorchester, which have high- tion fund. HEALTH DEPARTMENT, TENNESSEE er rates of obesity—at 40 percent, 33 percent, Energy and Commerce Press Release and 31 percent, respectively—and chronic CDC ANALYSIS: ENERGY & COMMERCE COMMIT- Statement: The City of Nashville, which re- disease than the city as a whole. TEE’S PRESS RELEASE REGARDING COMMU- ceived a $7.5 million ‘‘Communities Putting The project includes hiring and training up NITIES PUTTING PREVENTION TO WORK Prevention to Work’’ grant, provided free pet to 250 youths to work with The Food Project BACKGROUND spaying and neutering. to build 400 backyard gardens in the three CDC carefully monitors grantee activity CDC Analysis neighborhoods; transforming a vacant 10,000- square foot greenhouse in the heart of for appropriate use of Federal funds, and to No CPPW funds were used to pay for spay- Roxbury into a community growing and edu- ensure that investments are directed to evi- ing or neutering dogs. Rather, a grant from cation center; doubling the number of com- dence-based interventions that make a dif- PetSmart paid for the veterinary neutering munity garden plots in Dorchester, and ex- ference in health. services. CDC continues to review all reported alle- A published report in The Hill on May 3, panding the Nightingale Garden in Dor- gations regarding grantee activities. 2012 includes a direct account from the chester by 65,000 square feet, so that it CDC has not found among these examples grantee that non-Federal funds were used. stretches across 1.5 acres. To ensure the sustainability of these urban any instance in which the anti-lobbying pro- (http://thehill.com/blogs/healthwatch/health- gardening gains, Boston has enacted city- hibitions have been violated. Many allega- reform-implementation/225367 wide changes regarding use of open city land tions relate to activities that were per- -official-no-taxpayer-funds-went-to-neuter to encourage temporary or permanent land formed by outside organizations not using -tenn-dogs). federal funds, or activities that actually The Nashville/Davidson County CPPW utilization for community gardens and other took place before CDC funding was even project has been working on a range of strat- agricultural use. An evaluation of a large urban gardening awarded to the grantee. Other activities are, egies to promote safe and accessible opportu- project found that gardeners reported a high- in fact, permissible under the restrictions, nities for physical activity. such as educating the public on health risks. As part of the effort to increase outdoor er consumption of specific vegetables and a See below for information on CDC’s Com- physical activity in low income areas, CPPW lower consumption of sweet foods and drinks munities Putting Prevention to Work pro- has worked with other groups on a variety of than non-gardeners. Focus groups conducted gram, which was primarily funded in FY 2009 activities to make parks safe. These include with inner-city youth revealed that those in- with funding from the Recovery Act. enforcement of an existing leash law and volved in garden programs reported more See below for additional information on other pet ordinances, increased community willingness to eat healthy food and try unfa- how CDC implements restrictions on grantee awareness of responsible dog ownership, and miliar food, than those not involved in a pro- lobbying with Federal funding. publicizing referrals to spay/neuter services gram. This project was funded in 2009 by the Re- CDC ANALYSIS OF PRESS RELEASE STATEMENTS supported by other funding sources. The Nashville/Davidson County CPPW covery Act, not by the PPHF. On May 2, the Energy and Commerce Com- project has been involved in promoting safe NEW YORK STATE DEPARTMENT OF HEALTH mittee issued a press release including ref- parks because the large number of loose/ Energy and Commerce Press Release erences to activities of specific CDC grant- stray dogs was identified by the community Statement: ‘‘The New York Department of ees. Below is CDC’s analysis of each state- as a safety risk and environmental barrier to Health used a $3 million taxpayer-funded ment and further information relevant to increasing outdoor physical activity in low grant to lobby for a soda tax initiative.’’ the work being done within these CPPW income areas. CDC Analysis communities. The Nashville/Davidson County CPPW The press release mischaracterizes the pro- PITT COUNTY HEALTH DEPARTMENT, NORTH project has been working on a range of strat- gram, which is not one that used CDC fund- CAROLINA egies to promote safe and accessible opportu- ing. nities for physical activity and improve nu- Energy and Commerce Press Release CDC has been in contact with the grantee trition—two modifiable risk factors to pre- Statement: ‘‘Pitt County, North Carolina, a and the grantee reports that no CPPW funds recipient of a CPPW grant funded by health vent obesity. The Community Guide for Preventive were used by the New York State Depart- care law, used these federal taxpayer funds Services includes evidence-based rec- ment of Health (NYSDOH) to lobby the New to place ‘signage to promote recreational ommendations that creation of or enhanced York State Legislature for a soda tax. destinations including public parks, bike The actual use of CPPW funding by access to places for physical activity com- lanes, and more.’’ NYSDOH is to implement strategies to in- bined with informational outreach activities crease access to healthy food choices. CDC Analysis is effective in increasing levels of physical CDC worked with NYSDOH at the begin- Improving physical activity by placing activity, as measured by an increase in the ning of the project period to ensure that ac- signage about parks, bike lanes and safe percentage of people engaging in physical ac- tivities were both appropriate and in compli- routes to school is an effective, evidence- tivity or other measures of physical activity. ance with applicable anti-lobbying provi- based activity that can increase physical ac- Early data indicate that the public edu- sions. CDC has monitored the use of funds tivity. cation campaign has been successful. throughout project implementation. CPPW staff in Pitt County, North Carolina This project was funded in 2009 by the Re- covery Act, not by the PPHF. As background, prior to CPPW funds being has been working to implement a wide range awarded, the Governor’s office initiated and BOSTON PUBLIC HEALTH COMMISSION, of interventions to address obesity preven- put forth a soda tax proposal. However, the MASSACHUSETTS tion within their community. Governor did not pursue implementing a tax One of the ten approved objectives in- Energy and Commerce Press Release and withdrew his proposal, and the grantee cluded in Pitt County’s workplan is to evalu- Statement: ‘‘The City of Boston received $1 has stated no CPPW dollars were used to ate county planning and include comprehen- million for ‘urban gardening.’ ’’ pursue this. sive land use plans, transportation plans, CDC Analysis This project was funded in 2009 by the Re- and other plans that set community stand- This project tackles two evidence-based covery Act, not by the PPHF. ards for biking, walking, and zoning restric- strategies for addressing obesity: increasing COUNTY OF LOS ANGELES DEPARTMENT OF tions. physical activity, and improving the avail- PUBLIC HEALTH, CALIFORNIA Elements included incorporating elements ability of fresh fruits and vegetables to un- to improve infrastructure for biking and Energy and Commerce Press Release derserved areas. Statement: ‘‘ . . . moratorium on fast food walking, improve interconnectivity of exist- The CPPW project in Boston has supported construction in Baldwin Park, California ing and proposed mobility networks, and a range of evidence-based strategies to in- . . .’’ make it easier to establish access to healthy crease opportunities for physical activity food. Among the steps was the implementa- and supported four evidence-based projects CDC Analysis tion of bike racks, signage, and crosswalks to improve nutrition among low-income resi- No Los Angeles County CPPW funds were once changes to planning documents were dents in Boston—two modifiable risk factors used to lobby for a moratorium on fast food implemented. to prevent obesity. Boston has focused on restaurants. The presentation referenced in According to Pitt County, approximately improving access to fresh fruits and vegeta- the press release referred to a city-led and $66,000 of their $1.6 million in CPPW funding bles in neighborhoods that have limited ac- funded initiative supported by the California supported activities to implement bike racks cess. Center for Public Health Advocacy, an inde- and signage for cross walks, safe routes to Up to 360,000 Bostonians now have in- pendent organization, and was not supported schools, and other directional signs. creased access to fresh fruits and vegetables by CPPW funding. This project is the only one of those in the as a result of this CPPW investment. Los Angeles County work on a moratorium Energy and Commerce release that is funded CPPW funds are being used to improve ac- predated the inception of the CPPW pro- by PPHF. cess to affordable produce in Roxbury, gram. These efforts were documented to have

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Los Angeles Coun- Sustainable changes have come from tech- portunity announcements is specific lan- ty reports that no CPPW funds were used to nical assistance from the project that led to guage restricting lobbying, including ‘‘any support lobbying activities. improvements in approaches to new and re- activity designed to influence action in re- CDC staff regularly interact with grantees constructed roadways in the area meet safe- gard to a particular piece of pending legisla- to ensure that they are implementing the ac- ty and mobility needs of all travelers, in- tion.’’ This lobbying prohibition was also in- tivities and strategies set forth in the grant- cluding pedestrians and bicyclists and also cluded within the terms and conditions to ee’s work plan and that grantees are adher- community members who have visual or mo- which each grantee agreed prior to receiving ing to administrative requirements, includ- bility impairments. federal funds. In addition, CDC staffs have ing adhering to provisions relating to lob- This project was funded in 2009 by the Re- conducted trainings for CPPW and CTG bying. covery Act, not by the PPHF. awardees on these prohibitions. This project was funded by the Recovery BACKGROUND: CDC’S COMMUNITIES PUTTING Applicable lobbying restrictions do not Act, not the PPHF. PREVENTION TO WORK INITIATIVE prohibit awardees from interacting with pol- icymakers. Federal law allows many activi- SOUTH CAROLINA DEPARTMENT OF HEALTH AND Communities Putting Prevention to Work ties that are not considered lobbying and ENVIRONMENTAL CONTROL (CPPW) is primarily a Recovery Act funded that community awardees may decide to program that provides states and localities Energy and Commerce Press Release pursue. For example, awardees may use with resources to support locally designed ef- Statement: ‘‘. . . increased cigarette taxes in funds to disseminate information about pub- forts to create healthy environments for South Carolina.’’ lic health problems and science-based solu- CDC Analysis their residents. The preponderance of work under the tions and to implement specific programs, such as evidence-based educational materials The South Carolina Department of Health CPPW program has been completed; most and media on the health effects of increasing and Environmental Control reports that no were one-time awards made in FY 2009. CPPW funds supported lobbying for the Only one community listed in the press re- physical activity or decreasing exposure to South Carolina Cigarette Tax. lease, Pitt County North Carolina, is funded secondhand smoke. We take our responsibility as stewards of CPPW funds were used for public education by the Prevention and Public Health Fund taxpayer dollars very seriously. CDC staff efforts on the science of health effects of sec- (PPHF). ond hand smoke exposure. Activities in- Each CPPW community selected strategies interact with awardees regularly to monitor cluded developing fact sheets for the public from evidence-based interventions based on implementation of the activities and strate- that provided scientific data. local context, priorities, and capacity. CDC gies set forth in awardees’ work plans and CDC staff regularly interact with grantees provided support to these communities compliance with administrative require- to ensure that they are implementing the ac- through a competitive process. Awardees ments, including provisions related to lob- tivities and strategies set forth in the grant- then developed a locally relevant workplan, bying. In addition, CDC staff monitors the ee’s work plan and that grantees are adher- which allowed CDC to monitor progress on use of federal funds by awardees using tools ing to administrative requirements, includ- an ongoing basis. such as on-site review and risk mitigation ing adhering to provisions relating to lob- CPPW programs are funded under a 2-year plans. bying. cooperative agreement to implement CDC continues to review all reported alle- This project was funded in 2009 by the Re- evidence- and practice-based strategies, with gations regarding grantee activities. Thus covery Act, not by the PPHF. overarching goals, such as increasing avail- far, we have not found among these examples PHILADELPHIA DEPARTMENT OF PUBLIC ability of healthy foods and beverages, im- any instance in which the anti-lobbying pro- HEALTH, PENNSYLVANIA proving access to safe places for physical ac- hibitions have been violated. Many allega- tions relate to activities that were per- Energy and Commerce Press Release tivity, discouraging tobacco use, and encour- formed by outside organizations not using Statement: ‘‘The Philadelphia Department aging smoke-free environments. federal funds, or activities that actually of Public Health used their taxpayer-funded Each workplan represents a multi-pronged took place before CDC funding was even grant to push for higher state cigarette ex- approach to address obesity and/or tobacco awarded to the grantee. Other activities are, cise tax rates.’’ prevention. All objectives and activities in- in fact, permissible under the restrictions, CDC Analysis cluded within the workplan must comply with federal lobbying restrictions. such as educating the public on health risks. No CPPW funds are being used by PDPH CDC does not allow funding to be used for I now yield 2 minutes to the gentle- for lobbying or for any other activities in lobbying at the Federal, state, or local level. lady from Pennsylvania (Ms. support of a state cigarette excise tax. Awards include specific language to this ef- Philadelphia Department of Public Health SCHWARTZ), a member of the Budget fect; grantees are educated on this require- Committee, who has focused very (PDPH) has been researching potential op- ment; and CDC monitors the use of grant portunities for a higher cigarette excise tax clearly on these health issues. funds by grantees and their sub-recipients to Ms. SCHWARTZ. Mr. Speaker, I ap- at the local level, but this does not fall with- ensure compliance. in the scope of CPPW activity and is not preciate the ranking member’s com- What problem was CPPW designed to address? being paid for by CPPW funds. ments and his good work and impor- CPPW provides a significant investment in This project was funded in 2009 by the Re- tant work on the plan, the Republican covery Act, not by the PPHF. the prevention of chronic diseases. Obesity and tobacco are two leading causes plan and the Democratic alternative. SEATTLE AND KING COUNTY PUBLIC HEALTH, of preventable death and disability. Let me start by saying very clearly, WASHINGTON CPPW aims to address poor nutrition, lack once again, House Republicans are tak- Energy and Commerce Press Release of physical activity and tobacco use to make ing a shortsighted approach to deficit Statement: ‘‘The Cascade Bicycle Club Edu- an impact on preventing serious health prob- reduction and economic growth in this cation Foundation received a portion of the lems such as heart disease, stroke, type 2 di- country. The Federal budget is a state- $3 million grant awarded to Seattle and King abetes, and cancer. County Public Health and used the taxpayer Annually obesity-related medical spending ment of our priorities and our values as dollars to ‘improve the walking and biking costs our nation $147 billion. a Nation, and Republicans have made environment.’ ’’ Annually, tobacco use costs our nation $96 their priorities and their values very CDC Analysis billion in direct medical expenses. clear. The Federal budget is about CPPW project in Seattle/King County has Seven out of ten deaths among Americans choices: the choice to protect seniors; been working to implement a wide range of each year are from chronic diseases. the choice to grow our middle class; evidence-based strategies to address obesity BACKGROUND: CDC STEPS TO PREVENT LOBBYING the choice to make smart investments prevention. WITH FEDERAL FUNDING in our economy. Or not. One of the seventeen approved objectives CDC is committed to ensuring the proper The Republicans have made their included within Seattle and King County’s use of appropriated funds, and to ensuring choice very clear. They are choosing to CPPW obesity workplan is to increase oppor- awardees’ compliance with all applicable cut prevention and public health ef- tunities for physical activity through regulations and statutes related to lobbying changes made to local transportation plans activities. CDC’s policy prohibits lobbying at forts, immunizations and flu vaccines, and other planning tools. the federal, state, and local levels. These re- screenings for birth defects, develop- Evidence-based infrastructure changes to strictions apply to CDC grants, including the mental disabilities, and hearing loss in support bicycling and walking are interven- CPPW and CTG programs. children. They are hurting mothers

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6594 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 who need prenatal care, children who These situations will only grow worse with face the most severe and in my opinion irre- need hearing and eye exams, women sequestration as we are forced to further draw versible consequences for the security of our who need screenings for cancer and down our forces and significantly scale back— nation. heart disease, and our frailest, sickest if not stop altogether—the repair and replace- Mr. VAN HOLLEN. Mr. Speaker, it is seniors who need nursing home and in- ment of our vehicles, aircraft, and ships. And serious, and the Democratic substitute home care. the prospect of a hollow force would be an al- proposal would have prevented those Republicans are choosing to elimi- most certainty as training and maintenance cuts from going across the board in de- nate essential health services that save would be delayed and canceled. fense, as well as the non-defense part of dollars and save lives. This choice will As the Chairman of the Appropriations Sub- the budget. Unfortunately, our Repub- hurt millions of American women, chil- committee on National Defense, I know that lican colleagues don’t think it is seri- dren, and seniors. Instead, Republicans we have already made a number of difficult ous enough to ask oil companies to do are choosing to protect tax breaks for spending decisions—$39 billion of cuts last without taxpayer subsidies to help the largest oil and gas companies and year and any major reductions as required by cover the cost. They apparently don’t tax breaks for companies that ship sequestration will affect the readiness of our think it is serious enough to ask people American jobs overseas. troops. I also know that any decision we are making $1 million a year to help with There is a better way. The Demo- going to make about averting sequestration our deficit reduction to pay for the cratic budget takes a balanced ap- cannot wait until the eleventh hour, as so military that we have. proach to deficit reduction and makes many other decisions are made before recess. I yield 2 minutes to the ranking spending cuts and targeted invest- Our service chiefs tell me that planning will member of the Financial Services Com- ments to grow our economy, and it have to begin this summer on how to respond mittee, Mr. FRANK, to talk about some meets our obligations to our Nation. to sequestration. Industry leaders are already of the impact of this on taxpayers. The Republican plan rejects this bal- hearing the award of contracts will be delayed Mr. FRANK of Massachusetts. Mr. anced approach. It rejects efforts to and that the advance procurement of material Speaker, the Republican approach does grow our economy. It rejects protec- and equipment will be postponed. This will not some cutting, but it does even more tions for our seniors, our children, and only affect the large defense contractors, but shifting. I agreed with The Wall Street our future. It is the wrong choice for will impact thousands of small businesses in Journal editorial of a few weeks ago, the American people, and we must re- every part of our nation who provide unique which praised the gentleman from Wis- ject this plan. components for some of our most critical de- consin because he was shielding the Mr. RYAN of Wisconsin. Mr. Speaker, fense systems. military from any significant cuts and, I yield 1 minute to the gentleman from At a time when our national security re- instead, was making it up from Medi- Florida (Mr. YOUNG). mains at risk from emerging threats abroad Mr. YOUNG of Florida. Mr. Speaker, care and Medicaid. That’s The Wall I rise in support of H.R. 5652, to stop se- and from ongoing terrorist operations, our na- Street Journal, Mr. Murdoch, thanking questration of our Nation’s defense. We tion’s economy also remains at risk from a the gentleman from Wisconsin for cut- need certainty in the future of our na- softening job market that will only worsen with ting Medicare and Medicaid, not to bal- tional defense. the closure of small defense suppliers and lay- ance the budget or reduce the deficit, We need certainty in the industry offs at larger defense contractors. but to pump up military spending. that serves our national defense. We The Secretary of Defense has already Similarly, this claim that they are can’t wait until January to make deci- warned that sequestration could add a full one saving $20-some-odd billion in dealing sions about sequestration, what the percent to our nation’s unemployment rate— with the liquidation authority is ex- funding is going to be. The Pentagon many of these as a direct result of civilian fur- actly wrong. What the Republican ap- will begin in the next month to prepare loughs and military personnel draw downs, but proach says, and we have a roll call industry to begin stopping contracts, also from the companies and small busi- vote in our committee which did this, not issuing contracts, basically putting nesses back home who are second and third- it continues their position that the small suppliers out of business, putting tier suppliers for contracts that will be abro- large financial institutions, financial small contractors out of business. gated or canceled. institutions with more than $50 billion It is important for the readiness of Mr. Speaker, this cannot be an issue on in assets, should pay nothing—noth- our Nation, to defend our Nation, that which we act then sit and wait for our col- ing—for the costs of cleaning up the we avoid sequestration at all costs. leagues in the Senate to respond. This is an mess. issue on which we must work together, in an There is much more to be said about b 1210 this. This is serious. When we talk expedient manner, to send a message to our about sequestration regarding our na- nation’s military leadership and to the leader- In our original bill in 2010, we met tional defense, this, my colleagues, is ship of industry that we are serious about CBO’s requirement that there be a $20 serious. We’ve got to take this first averting this crisis and that we are committed billion cost by assessing the large fi- step so, before the deadline, we can to working in a bipartisan manner to do it nancial institutions. To get cloture in complete this job. sooner rather than later. the Senate, three Republicans managed Mr. Speaker, I rise in support of H.R. 5652, Our military leadership wants certainty. They to back off. In our committee this the Sequester Replacement Reconciliation Act want certainty for our troops in the field and year, the Republicans said, We don’t of 2012. It is the first step we must take if we for their families at home. The leaders of busi- like this, and it’s going to cost $20 bil- are to avert sequestration and prevent the dis- ness and industry want certainty so they can lion. CBO, by the way, says that it mantling of our national security. make the investments they need to make to costs $20 billion only within the 10-year Contrary to what some would say, this is not help us rebuild our worn out force. And small window. CBO said the $20 billion will be just a political exercise today. This is a very business suppliers want certainty that they will paid out, and it will be repaid by the real action that we must take for our nation to be able to continue providing the critiical com- large financial institutions. I will sub- avoid the threat to our national security and ponents for systems that are in many cases mit another article from The Wall our nation’s economic security if we do not their only line of work. Street Journal making that point. stop sequestration from taking place next Jan- Mr. Speaker, the specter of sequestration is But here’s what the Republicans did: uary. a serious national security issue and it is a se- they said, Let’s not have the financial The Secretary of Defense and our nation’s rious national economic issue. This is not an institutions be vulnerable. We looked senior military leadership have all warned of issue that will be solved by talking at one an- at what CBO said, and we said, okay, the severe consequences we face if automatic other. This is an issue that will only be solved CBO says the $20 billion from the finan- sequestration takes effect next year. We are a by working together in the best traditions of cial institutions will come at the end nation at war in Afghanistan, we face multiple this House and the Senate. We have risen to of the 10 years rather than the begin- threats around the globe, our troops are the challenge before and we can do so again. ning. So we had an amendment to as- stretched thin from multiple deployments, and The legislation we consider today is a first sess the large financial institutions $20 our equipment is wearing out. step in this process. We can’t wait or we will billion—$29 billion, the CBO said it

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6595 would cost—at the beginning of the pe- would be on the hook. But the CBO is assum- own Defense Department has called riod. The Republicans said the banks ing the law works like it’s supposed to. ‘‘unacceptable.’’ And it does so by were being overtaxed and voted it down Mr. RYAN of Wisconsin. Mr. Speaker, making sure that the domestic spend- on a party-line vote. I yield myself 30 seconds. ing cuts that the President’s own budg- [From the Wall Street Journal, Apr. 18, 2012] Medicaid is projected to grow at 125 et claimed will ‘‘inflict great damage WOULD REPEAL OF KEY DODD-FRANK percent over the next decade; under on critical domestic priorities’’ do not PROVISION REALLY SAVE $22 BILLION? this bill, it will grow 123 percent. Food go unaddressed. A House committee later today will vote stamps grew 270 percent; under this As part of the reconciliation process, on a bill being pushed by Republicans to re- bill, they would have grown 260 per- the Judiciary Committee, Mr. Speaker, peal a central plank of the 2010 Dodd-Frank cent. Only in Washington is this con- has recommended reforms to our med- financial law, claiming it would save tax- sidered draconian cuts. Slowing the ical liability system to rein in unlim- payers $22 billion over 10 years. growth of spending is not cutting; it’s ited lawsuits and to make health care The figure triggered some head-scratching slowing the growth of spending. more accessible and affordable to all around Washington. ‘‘It’s tough to under- With that, Mr. Speaker, I yield 5 stand where the $22 billion comes from—it’s Americans. a wild assumption since there are currently minutes to the gentleman from Ari- According to the Congressional Budg- no cash flows involved with this part of zona (Mr. FRANKS), a member of the et Office, the Judiciary Committee’s Dodd-Frank,’’ Brian Gardner, a Washington Judiciary Committee, and ask unani- proposed medical liability reforms will analyst with investment bank Keefe, mous consent that he be allowed to reduce the deficit by more than $48 bil- Bruyefte & Woods, in a note to clients. (He’s yield time. lion the very first year and beyond. a former GOP Hill aide). ‘‘Republicans on the The SPEAKER pro tempore. Without The simple fact is that frivolous law- committee would only eliminate the possi- objection, the gentleman from Arizona suits drive physicians out of the prac- bility that the government might have to will control the time. tice of medicine in the primes of their spend money on liquidating a distress finan- There was no objection. cial firm in the future,’’ he wrote, adding careers, it pushes others away from that investors shouldn’t waste any time Mr. FRANKS of Arizona. I certainly high-risk medical specialties, and thinking about the issue since the GOP bill thank the gentleman. causes the vast majority of health care ‘‘has virtually no shot at passing’’ the Sen- Mr. Speaker, I believe it’s important, providers to practice defensive medi- ate. first of all, in this challenge that we cine. Studies indicate that the cost of The provision in question is the so-called have with our Federal budget, to real- health care lawsuit abuse is between ‘‘orderly liquidation authority’’ that gives ize that all budgets, whether they are $230 billion and $650 billion annually. regulators broad new powers to take control personal budgets or business budgets or The Judiciary Committee’s proposal of faltering megafirms and wind them down budgets by governments, all of them in an orderly way so that their failure helps to eliminate the cause of this doesn’t wreak havoc on the broader economy eventually and inevitably come to bal- out-of-control lawsuit abuse. a la 2008. The provision does allow the Fed- ance. They either do so by wise fiscal Mr. Speaker, I would just urge my eral Deposit Insurance Corp. to borrow policy or by catastrophic failure. colleagues to join me in supporting money from the Treasury to finance the The fact is that this administration this reconciliation package so that we process—but that money, by law, has to be has spent us into the stone age and can both reduce the Federal deficit and paid back to Treasury. If the FDIC can’t re- added to our deficit approximately $1 avoid the draconian sequestration of coup enough by selling off assets of the failed trillion a year since they came into of- Defense Department funding that firm, then regulators will levy a fee on the fice. Mr. Speaker, the result is that we big financial firms left standing over a five- threatens serious harm to our national year period. have more people living in poverty security. House Republicans say they got the $22 bil- under this administration than ever be- Mr. Speaker, just a word on our na- lion figure from the nonpartisan Congres- fore. So there is something wrong with tional security. There is no more im- sional Budget Office. Looking at that office’s the equation. portant thing to our economy of any 2011 cost estimate for the whole Dodd-Frank Now, having listened to the debate kind than making sure that we are bill shows how the CBO came up with the over this reconciliation bill, it’s clear doing everything to be productive in a number—and the budget quirks behind it to me that Republicans and Democrats secure environment. If our national se- that make it far from a tangible boost to have a very fundamental, philosophical government coffers. curity is undermined, our economic se- First, the CBO assumes regulators have to difference over whether or not we curity will be writing its own economic step in and use their new powers to deal with should take steps to reduce the Federal obituary. a teetering financial giant during the next 10 deficit and avoid the arbitrary and in- With that, Mr. Speaker, I yield back years. That’s a pretty big if. Nonetheless, as flexible automatic spending cuts that the balance of my time and thank the CBO puts it, while the likelihood of the feds are set to go into effect next year. gentleman for yielding. having to use this new process in any year Republicans propose to reduce the Mr. VAN HOLLEN. Mr. Speaker, I ‘‘is small, the potential costs of liquidating a deficit and avoid the automatic seques- yield myself such time as I may con- systemically important firm could be large.’’ tration by eliminating wasteful pro- sume. And experts do say there will be another fi- nancial crisis sooner or later. grams, wasteful government spending, We keep hearing from our Republican Even so, the CBO’s approach of only look- and curbing fraud in government pro- colleagues that there’s nothing more ing at 10 years at a time is another quirk at grams in general. The President, on the important than making sure we defend play here. As the agency explained in its 2011 other hand, has proposed raising taxes our national security. We agree that document, ‘‘[A] snapshot of cash flows in any on the American people and American that’s essential. We also agree that we given 10-year budget window is unlikely to families and businesses, while at the need a strong economy. What’s con- net to zero because the spending to liquidate same time increasing Federal Govern- fusing is, if that’s so important, why a firm would occur before the income was re- ment spending. I cannot think of a are our Republican colleagues refusing ceived to cover those costs.’’ In other words, the CBO is assuming that more stark contrast, Mr. Speaker. to ask the big oil companies to give up the FDIC won’t be able to get all the money My friends on the other side of the their big subsidies? They’ve said they it needs to pay back Treasury within the 10- aisle have demagogued this reconcili- don’t need them. year period—but that doesn’t mean that the ation bill beyond recognition. The fact, So, Mr. Speaker, again, we also keep FDIC won’t ever get that money. If the law however, remains that this bill reduces hearing that these cuts aren’t going to works as it is supposed to, in the end the the deficit—not by some parade of have an effect. There’s the old saying total cost to taxpayers would be zero—not horribles, but by stopping fraud, elimi- that you’re entitled to your own opin- $22 billion. nating government slush funds and du- ions, but not your own facts. What Of course, there are lots of critics who say that this new resolution authority won’t plicative programs, and controlling we’ve been talking about are facts from work and either regulators or Congress will runaway Federal spending. It does so the Congressional Budget Office about decide to bailout financial firms when the while preventing devastating defense the number of kids that would lose next crisis strikes, in which case taxpayers cuts that the Obama administration’s their health care and the number of

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6596 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 struggling families that would lose does that. At a rate of 5 percent, ently more generous than the private their food and nutrition support. phased in over 5 years, we bring the sector. It’s been normalized for it. I now yield 1 minute to the gen- Federal workforce, members of the ci- That and other changes that we made tleman from Puerto Rico (Mr. vilian DOD, members of your Park in this bill allow the Federal workforce PIERLUISI). Service and Members of Congress, to say stop saying that we somehow Mr. PIERLUISI. Mr. Speaker, I House and Senate, we bring us all into get something everyone else doesn’t. strongly oppose the provision in this paying what Simpson-Bowles, on a bi- The Federal workforce pays into Social legislation that would single out the partisan basis, very much felt was a Security, into Medicare and, in fact, Medicaid programs in the U.S. terri- fair share. they’re going to be paying half the cost tories for a 65 percent cut, even though Now, I want to make sure that every- of their pension plan, which is com- the territories are already treated in a one understands today that this is, in mensurate with their private sector. profoundly unequal manner under this fact, a changing for members of the So I want to be very positive here in program. I’m joined in my opposition Federal workforce from what they per- saying this is never easy to do in times to this cut by the Republican Governor ceived they would always have. It will of austerity, but, in fact, the Federal of Puerto Rico, Luis Fortun˜ o, who not be easy. They will know that after workforce will stand behind this, as knows discrimination when he sees it. this goes into effect, they will, in fact, Congress will, in recognizing that And I’d like to remind the gentleman not have as much take-home as they they’re doing their share. from Wisconsin that in the case of the did the day before. I’m very proud of the people through- territories, we are talking about an ac- That’s not to say it isn’t due, that it out government who recognize that tual cut. We’re not talking about a re- isn’t known, and it doesn’t need to hap- getting this right is part of being able duction in the growth of our funding, pen. What it’s to say is, let’s be under- to say to the American people, we’re because we have a cap to live with. standing. These are tough times. The all in this together. Just as we fought to obtain the fund- American people have made sacrifices With that, I yield back the balance of ing that this bill now seeks to repeal, for many years before this one. The my time. we will fight alongside our allies in the Federal workforce has made some sac- Mr. VAN HOLLEN. Mr. Speaker, I White House, the Senate, and this rifices. The President implemented a appreciate the words the chairman of Chamber to retain this funding. This is pay freeze. the Government Reform Committee a fight we intend to win. But I must tell you, our looking at it said with respect to Federal employees. Mr. RYAN of Wisconsin. Mr. Speaker, is that because of an outdated system, If you listen to the comments of a lot I yield 5 minutes to the gentleman the pay freeze does not, in fact, freeze of these colleagues, they have made from California (Mr. ISSA), chairman of pay. Step increases have virtually Federal civil servants scapegoats, and, the Oversight and Government Reform automatically, almost 100 percent in fact, their budget that’s before us Committee, and ask unanimous con- automatically caused the vast major- today does hit Federal employees. sent that he be allowed to yield time. ity of these individuals to be eligible So the folks in the intelligence com- The SPEAKER pro tempore. Without and receive pay increases, even at a munity who helped track down Osama objection, the gentleman from Cali- time in which, theoretically, it was fro- Bin Laden, what do they get under this fornia will control the time. zen. proposal? A 5 percent pay cut. There was no objection. Additionally, civil servants know How about the folks at NIH who are, Mr. ISSA. Mr. Speaker, I rise in that if we’re going to continue to hold every day, looking to find cures and strong support of this legislation. on to a civil service workforce that has treatments for diseases that plague Our committee has participated in the confidence of the American people, every American family? A 5 percent $83 billion worth of this package, sav- their wages have to be comparable to pay cut. ing our men and women in uniform their civilian counterparts. How about the nurses who work in from finding themselves holding wood- Our committee will continue to work the Veterans Hospitals? A 5 percent en rifles. I use that term because it with others to study to make sure we pay cut. once happened. It wouldn’t happen do keep Federal workers fairly paid as And yet, you don’t cut the direct under sequestration, but we would compared to the nongovernment work- payment subsidies to agriculture. You make cuts that would make them just force. But our bill today takes the don’t cut the subsidies to the big oil as endangered in some cases as if they President’s own recommendations, the companies. You just want to whack were carrying wooden rifles. recommendations made to the Presi- Federal civil servants. Now, many people will talk about dent, and implements them, for a sav- With that, I yield 2 minutes to the public servants in a less than kind way. ings over 10 years of $83 billion. gentleman from Maryland (Mr. HOYER), I am not one of them. The Federal We believe this is the Federal work- who has been working on this issue for workforce has kept its promises. The force and we, as their representatives, a very long time. Federal workers are not always well asking them to make a reasonable sac- Mr. HOYER. I want to thank my led or well managed, but they them- rifice, one that I know they will do, friend, Mr. VAN HOLLEN, for the work selves deliver the product they’re while remaining confident that they he’s done. asked to deliver. However, the Presi- will deliver the kinds of products they I want to rise in opposition to this dent’s own commission—often called can. focus on Federal employees. First of Simpson-Bowles on which the chair- Lastly, Mr. Speaker, there are things all, Federal employees have contrib- man of the Budget Committee served— that are not in this bill. The kind of uted $75 billion over the last 2 years to- found something that they all agreed pay-for-performance that we’d like to wards helping us reduce the deficit—$75 on, that was that, in fact, the pension see enhanced, the kind of procedure for billion. No other working American program that we as Federal employ- a quick remedy for individuals who has been asked to do that. ees—and I say ‘‘we’’ because Members have become disabled—those are not in You treat Federal employees in this of Congress pay into Social Security, there. There are many other savings House as second-class working people. have a 401(k), but we also have a pen- and improvements for the Federal That’s wrong. This is a 5 percent tax sion—that that pension was more gen- workforce. We intend to go back on a increase on Federal employees. Nobody erous than our counterparts in the pri- bipartisan basis and do that. else, nobody else do we ask—the rich- vate sector. But when it comes to purely paying est people in America we don’t ask to your fair share, we believe that Simp- solve this deficit problem. But Federal b 1220 son-Bowles got it right. We believe the employees, yes, a $75 billion contribu- They recommended that we, in fact, Federal workforce will not like this, tion. And you don’t blink an eye be- make it a 50/50 shared pension. My con- but they will accept that this allows cause it’s easy, because we demagogue tribution from our committee, in fact, them to say our package is not inher- about government and, by association,

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6597 we demagogue about bureaucrats used The Federal employee-related provi- on track, we passed the Budget Control as an epithet. sions in this bill which were reported Act, but we all know that was a blunt These are, as Mr. VAN HOLLEN point- out of the Oversight Committee would and ineffective tool. As a result, Re- ed out, people who protect our food, try reduce the take-home pay of nearly 3 publicans have stepped forward with a to make sure that we can find cures for million middle class Americans by 5 smarter plan. cancer, protect us from terrorism, percent, mandating increased retire- Today, I want to highlight the more guard our borders. That’s who we’re ment contributions. targeted, sensible reductions in spend- talking about. And we treat them as The bill also would eliminate the ing the Ways and Means Committee second-class citizens. That’s wrong. It’s FERS annuity supplement for new has offered as part of the reconciliation wrong for our country, it’s wrong for workers who retire before they are eli- process, each of which has enjoyed bi- the American people, and it’s wrong for gible for Social Security at 62. Accord- partisan support. us as an institution representing the ing to the Office of Personnel Manage- Our first recommendation requires government of this country. ment, the average annuity amount for exchange subsidy overpayments in the Ladies and gentlemen, reject this. current FERS retirees is nearly $700 Democrats’ health care law to be re- I’m going to talk about other aspects per month. I do not think any Amer- paid in full. This is simple and common of this so-called reconciliation bill at a ican who has dedicated his life to the sense. If you aren’t entitled to the ben- future date. But I ask you on this basis public service should be forced to lose efit, you don’t get to keep it. This pol- alone: federal employees—I will tell that much money on a monthly basis, icy will reduce the deficit by $43.9 bil- you as one who represents a large num- particularly those on a fixed retire- lion over the next 10 years. ber of them—are ready to participate ment budget. A Democrat-controlled House and a in helping to bring down this deficit Our middle class Federal employees Democrat-controlled Senate first used and meet this crisis. But do not ask have already contributed $75 billion to- a version of this offset in 2010 to pay them to do it alone. wards deficit reduction and other gov- for a temporary Medicare so-called That’s what Mr. VAN HOLLEN says ernment programs, while millionaires ‘‘doc fix.’’ This Congress also endorsed about oil companies, big corporations, and billionaires have not been asked to this policy as part of the 1099 repeal loopholes, and the wealthiest in Amer- contribute one additional cent to im- legislation that became law early last ica. Don’t simply ask more from those prove our government’s financial con- year. As Secretary Sebelius has pre- who have less and ask less from those dition. viously said, requiring the return of ex- who have more. That is not good pol- change subsidy overpayments ‘‘makes b 1230 icy. Let us not pursue it. it fairer for recipients and all tax- Mr. VAN HOLLEN. I thank the gen- I strongly urge my colleagues to op- payers.’’ tleman from Maryland. pose this legislation and, instead, to Mr. Speaker, I now yield 11⁄2 minutes It is now my privilege to yield 3 min- support a more rational and equitable to the gentleman from Texas (Mr. SAM utes to another great Member of Con- budget proposal that asks for shared JOHNSON) to discuss the committee’s gress from the State of Maryland (Mr. sacrifice from everyone in our country. second recommendation. He is a true CUMMINGS), the ranking member on the Mr. RYAN of Wisconsin. Mr. Speaker, American hero, as well as the chairman Government Reform Committee. I yield myself 30 seconds. of the Social Security Subcommittee. Mr. CUMMINGS. Thank you, Mr. VAN Members of Congress and Federal Mr. SAM JOHNSON of Texas. I thank HOLLEN. This week marks the 28th an- employees contribute .8 percent to the gentleman for yielding. niversary of Public Service Recogni- their pensions. According to the CBO, Mr. Speaker, due to a loophole in the tion Week, a week in which we honor their benefits are 48 percent higher Tax Code, the IRS is shoveling out bil- the contributions of Federal, State, than their average private sector coun- lions of American taxpayer dollars to local, and government employees. terparts. We think it’s just reasonable those who are here illegally. These employees include outstanding and appropriate that they contribute The good news is this reconciliation public servants like IRS’ Shauna about 5.8 percent to their pensions and measure includes a commonsense solu- Henline, from Representative ROB contribute their half. It’s the least we tion based on legislation I’ve authored BISHOP’s congressional district, who can ask of ourselves as Members of that would save $7.6 billion by putting saved the United States taxpayers bil- Congress and of hardworking Federal a stop to this. The provision would stop lions of dollars by identifying and employees, that we treat ourselves like illegal immigrants from getting the bringing to justice tax evaders and private sector workers are treated. $1,000 refundable Child Tax Credit by scammers. More to the point, Mr. Speaker, if we simply requiring tax filers to provide They include the State Department’s want to have the moral authority to their Social Security numbers. Shane Morris, a constituent of Rep- get spending under control, we need to Right now, those who are here ille- resentative CHRISTOPHER SMITH of New ask more of ourselves. gally can get cash from Uncle Sam by Jersey, who played a critical role in en- With that, I yield 5 minutes to the providing an IRS-provided taxpayer ID suring that United States diplomats in gentleman from Michigan (Mr. CAMP), number to claim this refundable credit. the Middle East continued to receive the chairman of the Ways and Means According to a recent report by NBC classified information, material, and Committee, and ask unanimous con- Indianapolis’ WTHR, illegal immi- equipment during the Arab Spring sent that he be allowed to yield time. grants are even filing tax returns that uprisings in 2011. The SPEAKER pro tempore. Without claim children who do not live in Instead of us using this week to cele- objection, the gentleman from Michi- America. brate the good work of government em- gan will control the time. Mr. Speaker, there really shouldn’t ployees who dedicate their lives to There was no objection. be any controversy over this. The serving others, the Republican major- Mr. CAMP. I thank the chairman for American people are speaking out ity has put legislation on the House yielding. against this. Treasury’s tax IG has spo- floor today that would take billions of Mr. Speaker, back in 2010, I served on ken out against this. Democrat Sen- dollars out of their pockets. the President’s debt commission, oth- ator CLAIRE MCCASKILL has spoken out I ask my colleagues on the other side erwise known as the Simpson-Bowles against this. Even the administration of the aisle, where is the appreciation Commission. During that Commission, supports through the funding of a veri- or compassion for the dedication and we heard nonpartisan, expert testi- fication program the idea of preventing commitment that public employees mony that debts as large as ours slow illegals from receiving public benefits. display day by day? It certainly is not economic growth by about 1 percent. In Mr. Speaker, we can fix this and put in this bill, which is an America, that translates into 1 million a stop to the abuse of precious tax- uncompassionate and wrongheaded ap- fewer jobs. So, to start getting our debt payer dollars by simply requiring a So- proach to our fiscal problems. under control and our economy back cial Security number. Americans want,

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6598 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 need, and deserve the better protection COMMITTEE ON DOMESTIC JUSTICE this basic moral test. The Catechism of the of their hard-earned money, and we AND HUMAN DEVELOPMENT, Catholic Church states it is the proper role owe it to the United States of America Washington, DC, May 8, 2012. of government to ‘‘make accessible to each what is needed to lead a truly human life: to take action today. HOUSE OF REPRESENTATIVES, Washington, DC. food, clothing, health, work, education and Mr. CAMP. I now yield 1 minute to DEAR REPRESENTATIVE: As you vote on a culture, suitable information, the right to the chairman of the Human Resources reconciliation package for the fiscal year establish a family, and so on’’ (no. 1908). Subcommittee, the gentleman from 2013 budget, I would like to affirm the prin- Poor and vulnerable people do not have pow- Kentucky (Mr. DAVIS), to discuss the ciple contained in the Committee Report erful lobbyists to advocate their interests, committee’s final recommendation. that the ‘‘budget starts with the proposition but they have the most compelling needs. that first, Congress must do no harm.’’ In As you pursue responsible deficit reduc- Mr. DAVIS of Kentucky. Thank you, this light, I urge you to ensure all policies tion, the Catholic bishops join other faith Mr. Chairman. meet the moral criteria established by the leaders and people of good will urging you to Mr. Speaker, I rise in support of this Catholic bishops of the United States to cre- protect the lives and dignity of poor and vul- ate a circle of protection around programs nerable families by putting a circle of pro- legislation, including the provision to tection around these essential programs and that serve poor and vulnerable people and end the duplicative Social Services to refrain from cutting programs that serve communities: Block Grant. them. 1. Every budget decision should be assessed Sincerely, As chairman of the Ways and Means by whether it protects or threatens human Most Reverend STEPHEN E. Human Resources Subcommittee, we life and dignity. BLAIRE, held a hearing last year on duplicative 2. A central moral measure of any budget Chairman, Committee programs such as SSBG. Despite what proposal is how it affects the lives and dig- on Domestic Justice nity of ‘‘the least of these’’ (Matthew 25). we have heard from some on the other and Human Devel- The needs of those who are hungry and side, our concern is focused squarely on opment. homeless, without work or in poverty should the design of the SSBG program, which I now yield 2 minutes to the gen- does not serve taxpayers well for a come first. 3. Government and other institutions have tleman from California, the ranking number of reasons. a shared responsibility to promote the com- member of the Energy and Commerce SSBG is duplicative and unfocused. It mon good of all, especially ordinary workers Committee, Mr. WAXMAN, who has been supports 29 different types of social and families who struggle to live in dignity working so hard on these issues. services with no eligibility require- in difficult economic times. Mr. WAXMAN. Mr. Speaker, the bill ments. The Federal Government al- A just framework for future budgets can- that is before us today is an unbal- ready spends $446 billion per year on not rely on disproportionate cuts in essential anced package of cuts that hurts the services to poor persons; it requires shared most vulnerable populations in our so- other social services programs, which sacrifice by all, including raising adequate is about 260 times the amount of SSBG revenues, eliminating unnecessary military ciety and the working middle class. spending. With no State spending re- and other spending, and addressing the long- There was a budget agreement on a quirements or accountability for re- term costs of health insurance and retire- bipartisan basis between the Congress sults, SSBG is more akin to stimulus ment programs fairly. and the President by which we would dollars than other more effective anti- I reiterate our strong opposition to an un- shield low-income programs from the poverty programs. fair proposal that would alter the Child Tax cuts that are now before us today. That Credit to exclude children of hard-working, With staggering deficits, we can’t af- agreement is being rejected, and the immigrant families. The bishops’ conference Republicans are pushing for cuts for ford to send money to States without has long supported the Child Tax Credit be- low-income programs such as Medicaid, accountability through a program that cause it is pro-work, pro-family, and one of SNAP—which is the food stamp pro- is replicated by literally dozens of the most effective antipoverty programs in gram—helped by the Social Services other Federal programs. That’s what our nation. Denying the credit to children of Block Grant and which are vital to SSBG does today, and it is why it working poor immigrant families—the large maintaining and continuing our eco- makes sense to end this duplicative majority of whom are American citizens— nomic recovery. These are the safety program. would hurt vulnerable kids, increase pov- erty, and would not advance the common net programs. With the slashes in Med- The SPEAKER pro tempore. The gen- good. icaid, we will have hundreds of thou- tleman from Michigan is recognized for The Supplemental Nutrition Assistance sands of people, including 300,000 chil- 1 minute. Program (SNAP, formerly known as food dren, denied health insurance. Mr. CAMP. Today, the economy is stamps), provides vital food security to fami- Is this something that we have to do down and we’re out of money, so it is lies during tough economic times. It is esti- when we’re not letting others do their our responsibility to reevaluate these mated that cuts proposed in this bill would deny assistance to two million families, and fair share? programs, to assess whether they’re cut the benefit for everyone else. No poor The bill would establish a Federal meeting their intended purposes and to family that receives food assistance would be medical malpractice system that tram- determine if the American taxpayer unaffected, constituting a direct threat to ples on the meaning of states’ rights, can afford them. We must reduce the their human dignity. If savings in agricul- which the Republicans have said is a burden our debt is putting on our econ- tural programs need to be achieved, subsidies central tenet of their point of view. omy, on our families, on job creation in and direct payments can be reduced and tar- They would undermine our future this country. This legislation does geted to small and moderate-sized farms. health care by cutting prevention and that. It encompasses commonsense, bi- The Social Services Block Grant is an im- public health investments. They would portant source of funding for programs make it harder for women to access im- partisan policies; and I urge its pas- throughout the country that serve vulner- sage. able members of our communities—the portant and life-saving preventative I yield back the balance of my time. homeless, the elderly, people with disabil- care, and they fail to protect Medicare from billions of dollars in cuts that Mr. VAN HOLLEN. Mr. Speaker, with ities, children living in poverty, and abuse would happen under the sequestration. respect to the Child Tax Credit, I would victims. We should prioritize programs that serve ‘‘the least of these,’’ not eliminate But we shouldn’t be surprised. like to insert into the RECORD a letter them. This is all based on the Ryan budget we received from the Catholic bishops The Catholic bishops of the United States that the Republicans passed on the on this subject. In part, it reads: recognize the serious deficits our country House floor last month. Under that I reiterate our strong opposition to an un- faces, and we acknowledge that Congress budget, defense spending is increased fair proposal that would alter the Child Tax must make difficult decisions about how to over investments in health, education, allocate burdens and sacrifices and balance Credit to exclude children of hardworking and research. Medicare, as we know it, immigrant families. resources and needs. However, deficit reduc- tion and fiscal responsibility efforts must would come to an end. The number of The bishops also talk about the dev- protect and not undermine the needs of poor uninsured would rise, but millionaires astating impacts of eliminating the So- and vulnerable people. The proposed cuts to and billionaires would receive enor- cial Services Block Grant. programs in the budget reconciliation fail mous tax cuts.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6599 The SPEAKER pro tempore. The tion to help protect and preserve their health, ganizations that are opposed to this time of the gentleman has expired. health care and thus well-being. It is un-Amer- bill’s drastic cuts in services for the el- Mr. VAN HOLLEN. I yield the gen- ican; it is unjust; it is an unnecessary embar- derly, the disabled, and children: tleman an additional 30 seconds. rassment; and it must not pass. CATHOLIC CHARITIES USA, Mr. WAXMAN. Instead of a budget We have one last chance to do the right Alexandria, VA, April 25, 2012. that actually reduces the deficit, which thing; let’s do it and not pass this bill. Hon. PAUL RYAN, this budget would not do, and that Mr. RYAN of Wisconsin. Mr. Speaker, House of Representatives, Cannon House Office tries to do it in a balanced and fair I yield 1 minute to the gentleman from Building, Washington, DC. Oklahoma, a member of the Budget DEAR REPRESENTATIVE RYAN: As the House way, the Ryan budget, and this bill Committee on the Budget evaluates the pri- specifically, targets those most in Committee, Mr. COLE. orities expressed in the federal budgeting need; and it puts our Nation’s financial Mr. COLE. Mr. Speaker, the Amer- process, we urge you to reject the proposed recovery at risk. I urge a ‘‘no’’ vote on ican people know in their gut that elimination of the Social Services Block the bill. they’re not taxed too little, and they Grant (SSBG) as proposed by the House Com- Mr. RYAN of Wisconsin. I reserve the also know that the Federal Govern- mittee on Ways and Means. balance of my time. ment spends too much. Everyday thousands of individuals who are Mr. VAN HOLLEN. I yield 1 minute This bill is an important first step in disabled, children, preschoolers, homeless, restraining spending and bringing our elderly, or at risk of being abused are receiv- to the gentlelady from the Virgin Is- ing services because of SSBG funding. These lands (Mrs. CHRISTENSEN). out-of-control deficit under control. funds prevent the need for more expensive Mrs. CHRISTENSEN. Mr. Speaker, to I’m very proud of our chairman, Mr. and less desirable interventions. SSBG is a say I rise in strong opposition to this RYAN, on our committee for bringing it flexible federal funding source that allows bill would be an understatement. In ad- to the floor. I’m even prouder of the six states, local governments and non-profit or- dition to the other egregious cuts, this authorizing committees that system- ganizations to support local programs and bill would eliminate the critically atically did their job of reviewing non- services for vulnerable children, youth, and needed $6.3 billion in funding that the discretionary spending and finding real elderly and disabled people. States have a savings that we can use to reduce the long history of cooperation with community U.S. territories’ Medicaid programs re- and faith-based organizations in the alloca- ceive under the Affordable Care Act. deficit and protect important invest- tion of SSBG funds. ments in defense. b 1240 Catholic Charities USA (CCUSA) is a net- Taming the deficit will require that work of more than 1,600 social service agen- More than that, it sends a clear mes- we take these steps each and every cies and institutions providing services to sage to Americans in the territories year going forward. We haven’t done it more than 10 million people annually. As one that while they are American enough since 2005. It’s time to do it today. of the nation’s largest social service pro- to defend this Nation during times of Let’s take a step in the right direction. viders, CCUSA recognizes the critical need war, they are not American enough for Mr. VAN HOLLEN. Mr. Speaker, I for SSBG funding and uses these funds in al- most every category of direct services. this Nation to protect and preserve yield 2 minutes to the distinguished Among those vulnerable populations that their health and well-being. This bill is ranking member of the Ways and receive critical assistance from SSBG-funded un-American and it is unjust. Means Committee, the gentleman from programs are: Children: Local Catholic Char- I ask my colleagues to vote ‘‘no’’ on Michigan (Mr. LEVIN). ities agencies use SSBG funds to provide this terrible reconciliation bill. Mr. LEVIN. Mr. Speaker, this bill is child care to low-income families; foster care Mr. Speaker, to say that I rise today in vivid evidence of the radicalization of support service; and prevention and protec- strong opposition to this bill would be an un- the Republican Party. tive services for neglected and abused chil- derstatement. I recall decades ago chairing a com- dren. Youth: Local Catholic Charities agen- cies utilize funds from SSBG to supplement The truth is that there are so many ele- mittee in the Michigan State Senate work with expecting and parenting teens; ments included in this bill that warrant every- and addressing a number of reforms af- drug counseling for troubled youth; and spe- one’s strong opposition that the list reads like fecting the lives of working men and cial services for youth involved in or at risk a dishonor roll: the attacks on Medicare and women. I directly engaged in give and of involvement with criminal activity. El- CHIP; the elimination of funding for the Ex- take and negotiated final legislation derly: Local Catholic Charities rely heavily changes that will expand health insurance to with Governor George Romney, result- on SSBG funds to support Meals on Wheels more than 30 million uninsured Americans; ing in legislation that passed on a bi- programs that address both nutrition and and the repeal of the Prevention and Public partisan basis. isolation issues for frail elderly persons; transportation services for persons who also Health Fund, which expands access to pre- Today, the radicalization of the Re- need assistance with their grocery shopping, ventive health care services to millions of publican Party would make that im- doctor appointments, and during church Americans who—as a result—would have im- possible. Instead, we have a bill that services; adult day care; and emergency shel- proved overall health and well-being. The list would take away food stamps for 2 mil- ter and assistance for victims of elder abuse. goes on for far too long. lion Americans, children, working par- The following provides some examples of But, it gets worse because this bill also in- ents, and seniors. It would threaten programs at local Catholic Charities agen- cludes a provision to eliminate the critically 280,000 school meals and end the Social cies that would be affected by the elimi- nation of SSBG funding: needed 6.3 billion dollars in funding that the Services Block Grants, which provide New Jersey: In Newark, SSBG funds are U.S. Territories’ Medicaid programs received home care, transportation for individ- used to support many programs and services, under the Affordable Care Act—a funding in- uals with disabilities, protection for among them counseling and child abuse pre- flux that, two years ago, my colleagues on abused children, and Meals on Wheels. vention services for families referred from both sides of the aisle and in both chambers All of this and much more extremism the State child welfare system; supervised deemed legitimate and necessary. And, if that to carry out an additional tax cut of housing for youth exiting the child welfare is not bad enough, this bill also bumps our $240,000 for the very wealthiest 1 per- system for independent living; The funds are FMAP down from 55 to 50 percent—a per- cent of taxpayers. used to provide services directed towards preventing, reducing or eliminating depend- centage that every expert has agreed is far We can turn off the budget sequester ency; achieving or maintaining self-suffi- too low and unjust, given the territories’ in- and the damaging across-the-board ciency; preventing neglect, abuse or exploi- come, poverty and cost of living numbers. cuts, but not with this extreme par- tation of children and adults; and preventing I will call it like I see it: it bullies the most tisan bill. The House leadership refuses or reducing inappropriate institutional care. vulnerable Americans in the territories whose to follow a bipartisan path. This bill is Pennsylvania: In Wilkes-Barre/Scranton medical needs surpass their financial re- sad proof of how the Republican Party SSBG funding supports activities at a home- sources; and this bill sends the very clear of today has moved dramatically to the less veterans residence, Maternity Home and Senior Citizens Housing. message to Americans in the territories that extreme, leaving behind most Ameri- Texas: In Beaumont, SSBG funds the soup while they are ‘‘American enough’’ to defend cans, except the very wealthy. kitchen, long term disaster recovery, finan- this nation and its honor during times of war, Mr. Speaker, I now would like to cial education and counseling programs. In they are not ‘‘American enough’’ for this Na- enter into the RECORD letters from or- Brownsville, SSBG funds are used to assist

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6600 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 with long-term recovery from disasters in- ities who might otherwise need to be placed AARP believes the Exchanges can promote cluding replacing essential items for those in institutional care. The slightest reduction more cost-effective care, improve pricing who were rendered homeless from such disas- in funding for this vulnerable population transparency, and increase health insurance ters. would compromise their livelihood and pos- companies’ accountability for quality health Wisconsin: In LaCrosse, SSBG funds pro- sibly their lives. Therefore, we strongly urge care. The Exchanges’ functions are critical vide services for children and adolescents in you to protect SSBG funding so that these in determining eligibility for individuals or their Disabilities Services Program. Its mis- vital programs continue to be available to employers seeking to purchase qualified sion is to keep these young people in their these vulnerable populations. health plans (QHPs), and in particular for de- homes and prepare them for congregate or Sincerely, termining eligibility for the premium tax semi-independent living and provides a CATHOLIC CHARITIES USA. credits under the rules as set out by the IRS. unique niche and without it many would not JEWISH COUNCIL FOR Exchanges are also important for facili- be able to be in mainstreamed into the com- PUBLIC AFFAIRS. tating a seamless eligibility system with munity and would be at risk for institutional ASSOCIATION OF JEWISH State Medicaid programs under the rules set care. FAMILY & CHILDREN’S out for Medicaid. AARP supports innovative We acknowledge that tough choices will be AGENCIES. ways to provide access to affordable, quality made as part of your ongoing budget discus- THE JEWISH FEDERATIONS care. The House proposal to defund the Ex- sions and that every one of these tough OF NORTH AMERICA. changes by $13.5 billion dollars will make it choices will be met with frustration, dis- LUTHERAN SERVICES IN more difficult for millions of Americans to appointment and even anger from certain AMERICA. obtain affordable and quality healthcare. segments of the population. Catholic Char- ities USA recognizes that social service ini- EASTER SEALS SUBSIDIES—TRUE UP tiatives will not be immune to those difficult DISABILITY SERVICES, The proposal would require those who re- decisions. However, as you look for savings Washington, DC, April 19, 2012. ceive Exchange subsidies overpayment to within the budget, we reject the notion that DEAR REPRESENTATIVE: On behalf of Easter repay the full amount of the overpayment. those most vulnerable among us should feel Seals I am writing to urge you to oppose leg- Individuals and families would still be al- the greatest impact of future reductions. islation that eliminates the Social Services lowed to keep the subsidies they are entitled Rather than simply embracing quick an- Block Grant (SSBG) and cuts the Supple- to receive under the ACA. AARP supports swers to the immediate need to shave dollars mental Nutrition Assistance Program health insurance Exchanges’ subsidies to in- off the federal budget by impairing local or- (SNAP). We urge you to vote against these dividuals up to 400 percent of the federal pov- ganizations’ ability to deliver critical serv- proposals if they come before the full House erty level. The subsidies and their proper ad- ices to those in need, now is the time to of Representatives. ministration are a critical element in assur- The Social Services Block Grant is a crit- work together to create a new national ap- ing affordability of quality healthcare cov- ical resource that enables Easter Seals affili- proach to service delivery that enable the erage for individuals and families. Without ates throughout the country to provide qual- country to permanently make a difference in these subsidies, many of our members and ity services that support the independence of the lives of those living in poverty. other Americans will not be able to afford people with disabilities. Our affiliates work Sincerely, coverage or the cost sharing for covered with localities to provide inclusive child care FR., LARRY SNYDER, care. We believe that efforts to change per- for children with disabilities, adult day serv- President. centage limits or decrease the subsidy levels ices for older adults, recreational programs will erode the affordability protection of the for people with disabilities of all ages and May 5, 2012. credits, and will mean that over time more much more. Without SSBG, access to these Hon. JOHN BOEHNER, people will find insurance unaffordable. Speaker, House of Representatives, critical services would be extremely limited. Washington, DC. In addition, many of the people with disabil- REPEAL OF THE PUBLIC HEALTH FUND DEAR SPEAKER BOEHNER: As groups of faith ities we serve rely on SNAP and other fed- that provide critical support for those living eral supports to remain independent. The proposal repeals the prevention and on the margin, we write to urge you to reject Easter Seals appreciates the urgency for public health fund. This fund is an important the House Budget Committee’s proposal to the federal government to be fiscally respon- component in state and community efforts repeal funding for the Social Services Block sible and to strengthen our national econ- to prevent illness and promote health, so Grant (SSBG). omy. At the same time, we know that people that all Americans can lead longer, more The SSBG is a flexible federal funding with disabilities disproportionately rely on productive lives. An estimated 32.5 million source that allows states, local governments government services to live, learn and work people with Medicare received at least one and nonprofit organizations to support and in their communities. These services were free preventive benefit in 2011, including the supplement programs and services on the created by government because the private new Annual Wellness Visit, since the health local level for vulnerable children, youth, market place would not meet the unique reform law was enacted. Seventy-five per- the elderly and people with disabilities. needs of people with disabilities. cent of all health care costs in our country States have a long history of cooperation Again, please oppose proposals to elimi- are spent on the treatment of chronic dis- with community and faith-based organiza- nate SSBG and cut SNAP. Thank you for eases, many of which could be easily pre- tions in the allocation of SSBG funds. considering our views. vented. More than 70 million Americans ages According to the Department of Health Sincerely, 50 and older—four out of five older adults— and Human Services, the SSBG helped more KATHERINE BEH NEES, suffer from at least one chronic condition. than 22 million individuals in 2009, 49 percent Senior Vice President, Government Relations. More than half of older adults have more of whom were children. In 1996, funding for than one chronic condition, and 11 million SSBG was cut, and while it was intended to AARP, live with five or more chronic conditions. A increase to $2.8 billion in 2003, instead it was May 9, 2012. focus on prevention will not only lead to bet- reduced to $1.7 million and has remained at DEAR MEMBER OF CONGRESS: On behalf of ter health for Americans, but will also help this level. The flat funding level has failed to over 38 million members and other Ameri- reduce the need for costly treatment and keep up with inflation, forcing states to cut cans who are age 50 and older, AARP is writ- intervention of these chronic diseases. back on social services or tap into funds allo- ing to express serious concerns with the The prevention and Public Health Fund cated for the Temporary Assistance for House Reconciliation proposal pursuant to has also been used to bolster the health care Needy Families. In these times of economic the Fiscal Year 2013. While the reconciliation workforce to ensure that consumers would hardship, states are dealing with budget cri- package offers ideas for confronting our na- have access to clinicians providing primary ses and a growing number of people in need tion’s deficits and debt, AARP believes the care, prevention, and wellness care. In 2010, of social services. SSBG funds are critical to proposal lacks balance and could jeopardize it helped to transition 800 part time nursing help states fill in gaps with the flexibility to the health and economic security of older students to full time status to help infuse target the funds according to their needs. Americans, as well as their families. the healthcare workforce. Without such SSBG plays an important role in the types STATE HEALTH INSURANCE EXCHANGES funding, more consumers would go without of services provided by our organizations to The reconciliation proposal strikes funding necessary preventive and primary care and low-income people. The elimination of fund- for state health insurance exchanges (Ex- would end up needing more advanced inter- ing would disproportionately impact the changes), as well as rescinds obligated funds ventions in acute care or chronic care insti- most vulnerable populations by impairing which states are relying on for future use. tutions—thereby decreasing their quality of our ability to provide services that help chil- The establishment of the Exchanges is one of life, overburdening the health care delivery dren in need of child care, youth in need of a number of initiatives in the Patient Pro- system, and increasing the cost of health intervention and prevention services, and tection and Affordable Care Act (ACA) to im- care. AARP strongly urges the House to op- older Americans and persons with disabil- prove access to affordable, quality care. pose repeal of the prevention fund.

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REPEAL OF MEDICAID AND CHIP MAINTENANCE- tent of SSBG funds was to increase the flexi- Vice President of our Government Affairs of- OF-EFFORT REQUIREMENTS bility of state governments to set social fice at 202–434–3750. AARP opposes the reconciliation provision services spending priorities outside the con- Sincerely, eliminating the Medicaid Maintenance-of-Ef- straints of federal program dollars. Since A. BARRY RAND, fort (MOE) requirement included as part of SSBG funds must be directed to services for Chief Executive Officer. the ACA. We are concerned this will lead to low income and vulnerable persons and en- state Medicaid cuts that could leave many able them to be more independent or gain THE ARC, older Americans, people with disabilities, greater economic self-sufficiency, around 23 Washington, DC, May 3, 2012. and children without health care coverage. million seniors, children and disabled per- Chairman DAVE CAMP, Medicaid often covers services that other sons will experience reduced or no services Committee on Ways and Means, House of Rep- programs, such as Medicare, do not generally since many states lack the capacity to re- resentatives, Washington, DC. cover, including home health aide and per- place the funds if this proposal were to take Ranking Member SANDER M. LEVIN, sonal attendant care services, as well as effect. Home delivered meals (1.7 million sen- Committee on Ways and Means, House of Rep- nursing home services. In fact, Medicaid is iors), adult protective services and transpor- resentatives, Washington, DC. the largest payer of long-term care for older tation services are most frequently noted as DEAR CHAIRMAN CAMP AND RANKING MEM- adults and people with disabilities. Because services for seniors supported by the SSBG. BER LEVIN: I am writing to express the of the extremely high cost of long-term serv- In two recent reports by AARP and the Na- strong opposition of The Arc of the United ices and supports—the average annual cost tional Association of States United for Aging States (The Arc) to two proposals approved of nursing home care is over $75,000—many and Disabilities on a wide array of sup- by the Committee on Ways and Means at its April 18 markup of budget reconciliation lan- older Americans, including middle income portive and long-term care services, states Americans, have to virtually deplete all of guage. acknowledge that maintaining current serv- The Arc is the largest national commu- their personal resources to finance their on- ices levels is the greatest challenge as the nity-based organization advocating for and going care. Medicaid is a last resort for these population ages at an increasing rate. About serving people with intellectual and develop- individuals and many other Americans who 1.8 million children at risk of abuse and 4.4 mental disabilities and their families. We find themselves uninsured or uninsurable in million kids may lose child care related care have more than 140,000 members and more the private market due to a catastrophic ill- services, while an estimated 1 million dis- than 700 state and local chapters nationwide. ness such as cancer. It provides the needed abled persons are affected by a loss of trans- We are concerned that the proposals to long-term care services that Medicare does portation funds. Given the extreme vulner- eliminate the ‘‘safe harbor’’ for individuals not cover. ability of the populations receiving services and families receiving premium tax credits Starting in 2014, the ACA expands Medicaid under SSBG, AARP cannot support this ap- under the Affordable Care Act (ACA) and to coverage for persons with incomes up to proach to balancing the federal budget and eliminate the Social Services Block Grant 133% of the federal poverty level, to ensure urges rejection of this proposal. (SSBG) could harm people with intellectual that people who cannot afford care on the and developmental disabilities and their private market still have access to core serv- BLOCK GRANT SNAP AND NARROW ELIGIBILITY families. ices without the inefficiencies and expense of The reconciliation proposal aims to cut uncompensated care. The MOE provisions in- ‘‘SAFE HARBOR’’ FOR PREMIUM TAX CRAFTS and block grant the Supplemental Nutrition cluded in ACA serve as a bridge to 2014, mak- UNDER THE AFFORDABLE CARE ACT Assistance Program (SNAP). It contradicts ing certain that important health coverage The ACA protects individuals and families the evidence of the major reputable studies remains in place until the new law is fully from having excessive penalties if the pre- on nutrition programs, including the Gov- implemented. According to the non-partisan mium tax credit paid towards insurance cov- ernment Accountability Office’s findings Congressional Budget Office’s scoring, the erage during the year exceeds the actual that SNAP was very effective in meeting its MOE elimination would lead to hundreds of amount the individual or family was due. mission and targeting goals. Further, all the thousands of these vulnerable Americans los- The protection, through a ‘‘safe harbor’’ that major bipartisan deficit reduction proposals ing coverage each year. caps the amount of the premium tax credit considered by Congress in the past two years Reducing Medicaid coverage is not the so- an individual or family under 400% of pov- have agreed that the safety net needs to be lution for reining in health care costs. To be erty will have to re-pay, recognizes that kept intact so those least able are not asked exact, cuts to Medicaid and CHIP will only there are certain instances that cannot be to bear the burden of balancing the federal result in costly uncompensated care, which easily accounted for that will change the budget. The House proposal cuts about $35 in turn will result in higher health care costs amount of credit due. billion over 10 years from nutrition programs in the private market. Rather than simply Eliminating this ‘‘safe harbor’’ will hurt without sacrifices from farm subsidies or continue to shift costs, health care costs people with disabilities who have lower aver- other agriculture spending. The result is a should be reduced by pursuing more effective age incomes than non-disabled workers and significant reduction in assistance to buy ways to deliver and coordinate care; by often work part-time. Penalizing low income food. 2.7 million seniors are currently receiv- working to prevent and treat costly chronic people for changes in earnings or family sta- ing SNAP benefits. Additionally, the pro- conditions; by carefully expanding home and tus that occur during the year by removing posal results in close to 2 million persons community-based services; and by reining in the repayment cap will leave people with dis- being eliminated from SNAP assistance as costs associated with waste and fraud. abilities vulnerable to an unaffordable tax application and eligibility requirements are bill. This could lead to more people refusing REPEAL OF INCREASED FEDERAL MEDICAID tightened by prohibiting coordination with coverage for fear of the repayment penalty. FUNDING CAP AND MATCH FOR TERRITORIES the Low Income Home Energy Assistance SOCIAL SERVICES BLOCK GRANT AARP opposes the reconciliation provision Program (LIHEAP) and other low income The Social Services Block Grant (SSBG) that would replace the ACA’s increased Med- benefits, eliminating the Recovery Act en- helps provide critical services to approxi- icaid federal match and cap for the terri- hancement that helped SNAP benefits gain mately 23 million people with disabilities, tories with the levels in place prior to the on the inflated cost of food during the reces- seniors, and children across the United ACA. We supported raising the cap on Med- sion, and capping the amount that can be States. For example, the SSBG helps provide icaid funding for Puerto Rico, the U.S. Vir- spent to provide nutrition to low income vital services for people with disabilities and gin Islands, and the other territories. AARP households. AARP urges Congress to reject their families, including respite care and believes that quality, affordable health cov- proposals to cap or reduce SNAP funding, re- transportation; Meals on Wheels and other erage should be available to all Americans strict eligibility or reduce benefits. Instead supportive services for seniors; child care wherever they reside, and this reconciliation Congress should support proposals to in- and related assistance for children; and child provision would only serve to further in- crease benefit adequacy so that households protective services for at risk children. crease health care inequities for Americans have the resources to purchase a nutrition- For people with intellectual and develop- who live in the U.S. territories. The proposal ally adequate diet. mental disabilities, the SSBG can provide in- would cut federal funding for Medicaid in the On behalf of our millions of members and valuable supports and can help leverage territories by 65% over the next decade. Such all older Americans, we reiterate our con- state and local funding to deliver essential a drastic cut would be a crippling blow that cerns about the harm this reconciliation pro- services. For example, in New Jersey the would devastate Medicaid within the terri- posal could cause Medicare and Medicaid SSBG helps fund an independent Living pro- tories, as well as budgets within the terri- beneficiaries, as well as other older Ameri- gram operated by The Arc of Bergen and tories. cans and their families. We strongly urge Passaic Counties. The program assists low- ELIMINATING SOCIAL SERVICES BLOCK GRANT you to enact a reconciliation package that income people with developmental disabil- (SSBG) will better protect the interests of our na- ities who are on a waiting list for services The proposal aims to eliminate the SSBG. tion’s seniors and their families. If you have from the State Division of Developmental SSBG serve a unique purpose and are not du- any questions, feel free to call me, or please Disabilities (DDD) or who do not qualify for plicative of other funding. The original in- have your staff contact Joyce Rogers, Senior the full array of state DDD services.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6602 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 Under the program, The Arc of Bergen and SSBG helps to fill the numerous state Housing and Child Welfare; National Passaic Counties receives referrals from budget gaps in areas as diverse as senior Crittenton Foundation; National Fed- homeless shelters, mental health providers, services, mental health services, and services eration of Families for Children’s Men- and other agencies and often provides emer- to people with disabilities. While we focus on tal Health; National Foster Parent As- gency stabilization for referred individuals SSBG’s vital importance to child abuse pre- sociation; National Indian Child Wel- and families who are in crisis. The program vention and child welfare services, it also fare Association; National Respite Coa- provides people with developmental disabil- supports services for those adults in jeopardy lition; New York Council on Adoptable ities with individualized supports such as: lo- of entering a nursing home or institution, it Children; New York Public Welfare As- cating and maintaining housing; landlord re- supports other low-income individuals and sociation; Nebraska Children’s Home lations; job search and employer/employee families including adults who have been Society; Nebraska Families Collabo- relations; budgeting, bill paying, and other abused; children in need of child care; and rative; North American Council on financial challenges; and accessing medical youth in need of transitional services. Adoptable Children; North Carolina As- and mental health care. Imposing these cuts to child abuse preven- sociation of County Directors of Social SSBG funds leverage matching County tion funding and child welfare services at a Services; NYSCCC Support, Informa- contributions as well as funding from the time when state and local budgets are under tion and Advocacy for Foster & Adop- Community Development Block Grant. severe pressure and families need more help, tive Families; Oklahoma Therapeutic Without the SSBG portion, the program will create a human deficit while failing to Foster Care Association; Ohio Job and would not be viable. deal with the current financial one. Family Services Directors’ Associa- New Jersey’s program is an example of how The undersigned organizations ask you to tion; Parents Anonymous; Prevent the SSBG can fill gaps in the service con- reject this proposed elimination of SSBG. Child Abuse America; Prevent Child tinuum and act as a lifeline for people with Sincerely, Abuse Indiana; Public Children Serv- disabilities. Eliminating the SSBG would re- Alliance for Children and Families; Alli- ices Association of Ohio; School Social duce essential funding at a time when state ance for Children’s Rights; American Work Association of America; Stop It and local budgets are under severe pressure Academy of Pediatrics; American Asso- Now; Three Rivers Adoption Council, and people with disabilities, seniors, and ciation on Health and Disability; PA; The Villages of Indiana; Voice for families need more help. American Federation of State, County Adoption; Voices for America’s Chil- PRESERVING THE ‘‘SAFE HARBOR’’ FOR PREMIUM and Municipal Employees (AFSCME); dren; Weill Cornell Medical College’s TAX CREDITS AND THE SSBG American Group Psychotherapy Asso- Division of Geriatrics and Gerontology. In closing, The Arc believes that elimi- ciation; American Professional Society nating the SSBG and the ‘‘safe harbor’’ for on the Abuse of Children; American CWLA, premium tax credits under the Affordable Psychological Association; Ampersand Washington, DC, April 19, 2012. Care Act could harm people with disabilities Families, MN; Association for Ambula- Hon. DAVE CAMP, and their families, and we oppose the pro- tory Behavioral Healthcare; Associa- Chairman, House Ways and Means Committee, posed elimination of these important sup- tion of University Centers on Disabil- 1102 Longworth HOB, Washington, DC. ports. Thank you for considering our views. ities; Bazelon Center for Mental Health Hon. SANDER LEVIN, Sincerely, Law; Bill Wilson Center, CA; Black Ad- Ranking Member, House Ways and Means Com- MARTY FORD, ministrators in Child Welfare; Bun- mittee, 1106 Longworth HOB, Washington, Director, Public Policy Office. combe County, North Carolina; Cali- DC. fornia Alliance of Child and Family DEAR CHAIRMAN CAMP AND RANKING MEM- NATIONAL FOSTER Services; California Youth Connec- BER LEVIN: On behalf of the Child Welfare CARE COALITION, tions; Children’s Advocacy Institute; League of America (CWLA) representing April 23, 2012. Children’s Aid Society; Children and hundreds of public and private child-serving DEAR MEMBER OF CONGRESS: We are a coa- Families First, DE; Children and Fami- member agencies serving millions of children lition of diverse groups opposed to the recent lies Futures; Children’s Defense Fund; and families in all fifty states, I write this actions of the House Ways and Means Com- Children First for Oregon; Children’s letter to express opposition to the Commit- mittee to find federal budget savings Home Society of America; Children’s tee’s proposal to eliminate the Social Serv- through the elimination of the Social Serv- Home Society of North Carolina; Chil- ices Block Grant (SSBG). At its inception, ices Block Grant (SSBG). The actions taken dren’s Rights Project, CA; Child Wel- Title XX was an entitlement to fund social on Wednesday, April 18, 2012, by the Ways fare League of America; CLASP; Clin- services. It was then restructured in 1981 into and Means Committee, through budget rec- ical Social Workers Association; Coali- a block grant that would provide states more onciliation, will hurt some of this nation’s tion on Human Needs; Connecticut As- flexibility to support an array of services to most vulnerable families and children. SSBG is a major funder for state and local sociation of Foster and Adoptive Par- children, youth, and families. child abuse prevention services, child protec- ents; Council of Family and Child Car- The Social Services Block Grant (SSBG) tive services (CPS) and it supplements serv- ing Agencies, NY; County Welfare Di- has long supported our most vulnerable chil- ices for adoptions and for services to infants, rectors Association of California; Dave dren and continues to be a critical resource children and youth in foster care. In some Thomas Foundation for Adoption; De- for child welfare. This flexible funding states, it is a significant source of local fund- pression and Bipolar Support Alliance; stream creates and sustains strong commu- ing for adult protective services. Every Child Matters; Family Service nities through a broad range of health and During the 1996 welfare reform debate, the Center of South Carolina; First Focus human services. SSBG represents 12% of fed- Congress and Governors agreed to reduce Campaign for Children; Foster Care to eral funds states spend to provide child abuse SSBG funding to $2.38 billion temporarily Success Foundation; Foster Family- prevention, adoption, foster care, child pro- and return it to its former level of $2.8 bil- Based Treatment Association; Great tection, independent and transitional living lion in 2003. The reductions were agreed to at Circle, MO; John Burton Foundation; and residential services for children and a time when members of both parties and Larry Brown Associates; Lutheran youth. Nationwide, more than 2.6 million houses were looking for revenue to balance Services in America; Mental Health children received a range of child welfare the federal budget. SSBG contributed to that America; Minnesota Association of services funded in part or in total by SSBG. deficit reduction. It was to be restored when County Social Service Administrators; According to the latest data available, 39 the fiscal condition improved. Instead, Con- Mississippi Children’s Home Services; states use SSBG funds for child abuse and gress reduced SSBG further to $1.7 billion to Missouri Coalition of Children’s Agen- neglect prevention, 22 states use them for help pay for a 1998 transportation bill in lieu cies; National Adult Protective Serv- adoption assistance, while 36 states allocate of other revenue sources. During this period, ices Association; National Alliance of them to provide foster care services for chil- deficits not only declined but were elimi- Children’s Trust and Prevention Funds; dren who may not be eligible for federal IV– nated. Although this cut was intended to be National Alliance to End Homeless- E support. States also use SSBG to fund temporary, SSBG was never restored. We are ness; National Association for Chil- independent and transitional living services disappointed that some would propose to dren’s Behavioral Health; National As- to youth aging out of the foster care system, once again use SSBG for deficit reduction— sociation for the Education of Home- residential treatment and other prevention despite the fact that SSBG funding contrib- less Children and Youth; National As- and intervention services. uted not a dollar to current deficits. sociation of Area Agencies on Aging; Unfortunately, this Committee has pro- The champions of SSBG have included the National Association of Counsel for posed eliminating SSBG in its entirety, de- leadership from both parties, including the Children; National Association of spite the fact less than a decade ago this bipartisan leadership of both the House Ways County Human Services Administra- Committee shared bipartisan support for in- and Means Committee and the Senate Fi- tors; National Association of Social creasing funding to this vital safety net. nance Committee. We hope these champions Workers; National Center on Shaken Elimination of SSBG would place a huge, will remain strong. Baby Syndrome; National Center for undue burden on states already facing tight

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6603 budgets. At a time when states are strug- (Source: the National Foster Care Coali- Recapturing overpayments In premium gling to avoid further cuts to the human tion, citing data collected by the Office of subsidies under the Affordable Care Act: service delivery systems, arguing that fund- Community Services, HHS (http:// There have already been policy changes to ing for the SSBG should be eliminated be- www.acf.hhs.gov/programs/ocs/ssbg/reports/ get some of the overpayments back when cause it is duplicative disregards the under- ssbglfocusl2009/ people do not estimate their income cor- lying need for services that will not go away childlprotectivelservices.html)). rectly. To seek the full cost of the premium even if funding does. Adult Protective Services (for seniors); 34 subsidies back will be a tremendous dis- In closing, I ask that you not turn your states used $216 million in SSBG funds to incentive to participating in the program at back on vulnerable children and families, in provide adult protective services to seniors all, since many low-income families’ earn- an attempt to reduce the deficit. CWLA ap- who were victims of abuse or neglect in FY ings fluctuate in a way that makes it impos- preciates your leadership in these trying 2009. These funds provided protective serv- sible to be certain what level of subsidy to times. ices to 579,465 seniors in 2009, up from 411,691 claim. Having to repay the entire amount Sincerely, in 2005. These funds provided core protective will create significant hardships for families CHRISTINE JAMES-BROWN, services for older adults: investigations, already living on the edge. President/CEO. interventions, and shelters for abused elders. Sincerely, Such services are not funded by the Older DEBORAH WEINSTEIN, COALITION ON Americans Act, and so states use SSBG to Executive Director. HUMAN NEEDS, carry out these essential protections. Ten Mr. RYAN of Wisconsin. Mr. Speaker, Washington, DC, April 18, 2012. states use 10 percent or more of their SSBG I yield 1 minute to a distinguished gen- DEAR MEMBER OF THE HOUSE COMMITTEE ON funds for adult protective services, among tleman on the Budget Committee, the WAYS AND MEANS: This morning, the Com- them: gentleman from California (Mr. mittee will mark up legislation making New York: 37% MCCLINTOCK). reckless and extreme cuts in assistance for South Carolina: 23% Mr. MCCLINTOCK. I thank the gen- poor and vulnerable people, cutting even West Virginia: 18% more deeply than the House budget resolu- Texas: 16% tleman for yielding. tion required of you. It is particularly strik- Oklahoma: 16% Mr. Speaker, we’ve heard a lot about ing, considering that tax policy is within the Tennessee: 13% fairness, which the Democrats have de- jurisdiction of your Committee, that the A false rationale for terminating the So- fined to mean taxing businesses to fi- chokes for reducing the deficit come solely cial Services Block Grant is that its funds nance a variety of welfare programs. by hurting low-income children and families, are ‘‘duplicative.’’ These core protective The problem is businesses do not pay seniors, and the uninsured. services are not provided elsewhere. In the business taxes. Business taxes can only The Coalition on Human Needs strongly case of seniors, the Older Americans Act be paid by consumers through higher urges you to reject this course. Here are does not provide them at all. State funding prices; by employees through lower some of the reasons why the reconciliation in many states has been reduced, even for wages; and by investors—mainly pen- cuts proposed are so unwise: services to protect children and seniors from Denying the Child Tax Credit to millions abuse and neglect. (Source: Office of Commu- sion funds—through lower earnings. of poor children: By eliminating the Child nity Services, HHS, FY 2009 reports, at There is no other way to pay a business Tax Credit for working families who use a http://www.acf.hhs.gov/programs/ocs/ssbg/re- tax. Taxpayer Identification Number instead of a ports/ssbglfocusl2009/ So the net effect of pursuing their Social Security Number, you will hurt mil- childlprotectivellservices.html.) definition of ‘‘fairness’’ is to push more lions of poor children by raising their fami- Child Care: 35 states used $391 million in consumers into debt, push more em- lies’ taxes by an average of $1,800. Their in- FY 2009 to provide child care. ployees into unemployment, and push comes average $21,000 a year; four out of five Six states spent more than 20 percent of more retirees into poverty, which in of the children in these families are citizens. their SSBG funds for child care: turn requires more and more govern- A decision to make poverty deeper for mil- California: 52% ment welfare spending until their fi- lions of children is reckless because it in- Oregon: 43% creases the chances that these children will Connecticut: 35% nancial house of cards collapses. That’s suffer inadequate nutrition, become sick, ex- Pennsylvania: 31% the economic spiral their policies are perience developmental delays, and fall be- Delaware: 21% producing in our time. hind in school—all documented outcomes as- Rhode Island: 21% The House budget, which this act ad- sociated with child poverty. It is wrong and New Hampshire: 20% vances, breaks that cycle and restores makes no sense to compromise children’s life (Source: Office of Community Services, policies that throughout our history chances by deepening their poverty. HHS, SSBG focus reports, http:// have lifted our Nation from times of Permanently terminating the Social Serv- www.acf.hhs.gov/programs/ocs/ssbg/reports/ want and despair to eras of prosperity ices Block Grant: Ending this vital source of ssbglfocusl2009/childlcare.html) and abundance. funds to programs operated by states will States were struggling to provide child Mr. VAN HOLLEN. Mr. Speaker, mean millions of low-income seniors, chil- care in the face of severe state budget short- dren, and families will do without help. In falls and eroding federal assistance. Accord- we’re still waiting for this House to particular, this extreme cut will deny pro- ing to the National Women’s Law Center, 37 take up the President’s jobs bill that tection to millions of children and older peo- states reduced their child care assistance in was submitted last September. We’ve ple who are victims of abuse or neglect—a FY 2011 below FY 2010 levels. At the federal seen 25 consecutive months of positive truly reckless choice. Some examples of the level, even the increases proposed in the private sector job growth. It was a services that will be terminated: President’s budget for FY 2013 will only sup- whole lot better than where we were in Child Protective Services: 41 states used port 1.5 million children receiving child care, January when the President was sworn over $270 million in SSBG funds to protect down from 1.7 million children in FY 2010. in, losing 800,000 jobs a month. But we children from abuse and neglect in FY 2009, (Source: http://www.nwlc.org/resource/addi- need to sustain that recovery, and providing services to more than 1.75 million tional-child-care-funding-essential-stop- children, in a year when child protective state-cuts) To deny child care assistance to we’re still waiting. The clock is tick- services agencies received an estimated 3.3 the 4 million children who make use of SSBG ing. Let’s take that legislation up so million reports of child abuse or neglect. funds would inflict grossly irresponsible that we can accelerate the recovery. Among other services to protect children harm to low-income working families. Mak- With that, I yield 2 minutes to the from abuse and neglect provided through ing work more difficult at a time when the gentlelady from Texas, representing SSBG: economy remains so fragile makes no sense. the ranking member of the Judiciary 36 states used $391 million for foster care When the Social Services Block Grant was Committee, Ms. SHEILA JACKSON LEE. services for more than 451,000 children. created, its stated purpose was to give states Ms. JACKSON LEE of Texas. Mr. Over the course of FY 2009, more than flexibility by pooling funds from previously Speaker, I thank the ranking member, 700,000 children spent at least part of the separate funding streams so states could de- and I thank the ranking member of the year in foster, kinship, or residential care. termine where the funds were most needed. full Judiciary Committee, Mr. CON- Many states use SSBG funds to pay foster Now to take the funding away because it is care costs for children not eligible for Title ‘‘duplicative’’ misses the point of this flexi- YERS, who worked extensively to bring IV–E foster care assistance. 30 states used ble funding source, denying states support reason to this discussion. $133 million in SSBG funds in FY 2008 for for the services they have deemed important, I must remind my colleagues that prevention and intervention services for because other funding sources are either this is a debate that is, of course, nec- more than 640,000 children. nonexistent or inadequate to meet need. essary, but it is not going anywhere.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.001 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6604 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 This is in essence to respond to the po- affective at combating the stresses associated of the federal budget, tax revenue, the budget tential and pending sequestration and with poverty, aging, and long term care. Be- will never balance. It is critical to address both the deadlock of the committee, but the fore us is a measure that is a wolf in sheep’s sides of the ledger. It is also imperative for the deadlock of the committee gave us an clothing. Republicans to place the President’s jobs bill opportunity to work in a bipartisan In my lifetime, I have never seen such a on the agenda to vote on and pass. manner. concerted effort to ransom the American econ- Sure, save money but cutting benefits but My good friend who just spoke on the omy in order to extort the American public. without additional revenue, the budget is other side of the aisle talked about While I support bipartisan efforts to decrease doomed. Moreover, you surely would not find abundance and prosperity and talked the debt and to resolve our differences over any family in Texas that would suggest buying about welfare. What I would say to the budgetary revenue and spending issues, I luxury items, while struggling to balance the gentleman is that we’re not talking cannot support a bill that unduly robs average family budget is a sensible approach. But Re- about welfare. We’re talking about in- Americans of their economic security and abil- publicans insist on advocating for tax breaks vestment in people, and we’re talking ity to provide for their families while con- for the wealthy—the luxury class. about not having a siege upon our chil- straining the ability of Congress to deal effec- ECONOMISTS dren. tively with America’s economic, fiscal, and job Economists have long pointed to invest- On April 25, 2012, we were back in the creation troubles. ments in ‘‘human capital’’—the productive ca- Judiciary Committee again looking at My colleagues on the other side of the aisle pability that is embedded in people—as one of medical malpractice for the umpteenth are trying to give the American people the im- the most important determinants of economic time. I wondered why we were there. It pression that their sentimental and unbridled growth. A large and growing body of literature was because each committee was told concern for the military means that it is nec- has examined the returns to investments in to find a way to find money. So the di- essary to take an ax to programs for seniors human capital from both a societal and indi- rections of the Republicans for the Ju- and low income that is not something that our vidual perspective. diciary Committee were to oppress the military would be proud to be connected too. In his book, Dangerous Half-Truths & Total sick and to be able to cap medical mal- Why not use, instead, war savings and a small Nonsense, Pfeffer writes: ‘‘There is compelling practice insurance on innocent victims finite tax on income over $1 million dollars. evidence that when companies use Human such as women and children and the el- This unbalanced bill modifies last year’s bi- Resources best practices based on the best derly when the medical system fails us partisan Budget Control Act to cancel the se- research, they trump the competition. These as it relates to medical devices and questration of discretionary spending currently findings are replicable in industry after indus- other elements. scheduled to occur in January 2013 in order to try, from automobiles to textiles, to computer We were told to eliminate for the prevent cuts to defense. That is fine but Re- software to baseball. ‘‘We must use our children of America by limiting non- publicans have already voted twice this year Human Resources wisely. economic damages, restricting punitive to pass their budget to end the Medicare guar- ENERGY AND DEFICIT REDUCTION damages, limiting access to courts for antee and increase costs for seniors while giv- And speaking of saving money and reducing poor victims of medical malpractice, ing massive tax breaks to the wealthiest the deficit, I have introduced H.R. 3710 which shortening the statute of limitations Americans. increases the acreage to 10 percent of what is for claims, eliminating the protections While the U.S. economy is healing, the already allocable under a proposal by Interior of children, and prohibiting joint and world economy continues to be in a fragile Secretary Salazar, as announced on Novem- several liability. We were simply told state and all economies are linked through ber 8, 2011. In other words, more land will be to shut the courthouse door for chil- trade and finance. In this environment, this bill available for exploration, in line with two objec- dren that needed to be able to have the sends the economy downward. However, over tives: decreasing our dependence on foreign opportunity to have their lives saved, the last few years the economy has been sources for oil, and plugging our budget def- just like a little boy who needed sur- steadily growing. We are not where the Amer- icit. gery in a hospital in San Antonio. ican people should be but the economy has The monies will be deposited into the DRES They told the family it was a serious gained jobs. Fund and invested by the Secretary of the surgery and they needed to have a car- According to Secretary Solis she stated Treasury, until the money is transferred to the diologist on staff. He went into sur- ‘‘know where our nation’s unemployment rate Coastal and Ocean Sustainability Health Fund gery, and, of course, things went stands. I have to report it every month. But (COSH). Annually, the Secretary of the Interior wrong. There was no cardiologist there; we’ve now added private sector jobs to our is required to lease 20 percent of the DRES. there was a mishap; there was a fault; economy for 26 months running. Since Presi- In addition, this bill will help foment job cre- and that little boy died. They want to dent Obama took office, we’ve created 4.2 mil- ation in an industry that is already responsible deny that poor family access to the lion new jobs. That’s no small potatoes when for 9.2 million American Jobs. courthouse. That is what that bill does. you consider we were bleeding 750,000 jobs The bill also establishes the Deficit Reduc- When my friends begin to talk about a month when this President took office. I tion Energy Security Fund, housed within the what else it does, it cuts SNAP, the nu- know we’ve got a lot more to do. But we’re United States Treasury Department, which will trition program. It cuts Medicaid. making progress.’’ During this time of receive the accrued funds that are dedicated Mr. Speaker, what I would say is that progress, this is no time to cut the social safe- to deficit reduction. In order to ensure that the this bill is a siege on children. We ty net for those still unemployed—no time to putative funds generated from the leasing ac- should oppose it. It is not reconcili- cut food stamps, medicaid, or medicare. tivities which derive from this bill inure to the ation. It is oppression. I would ask us The President signed the Recovery Act goal of deficit reduction, the legislation also to vote against it. which invested in mass transit, roads, and sets up the aforementioned COSH. Mr. Speaker, I rise today in strong opposi- bridges to build critical infrastructure and se- This bill establishes in the Department of tion to H.R. 5652, the ‘‘Sequester Replace- cure construction jobs. The Recovery Act also the Treasury, the COSH, which shall fund ment Reconciliation Act of 2012’’ This piece of included strong Davis-Bacon and Buy Amer- grants for addressing coastal and ocean dis- legislation should really be entitled the ‘‘Ryan’s ican provisions, to stimulate local economies asters; and programs and activities that re- Replacement Sequester to Thwart the Bipar- and create high-quality jobs. In total, the Re- store, protect, maintain, manage, or under- tisan Budget Control Act of 2012’’ covery Act supported up to 3.5 million jobs stand marine resources and their habitats, and Whatever anyone wants to entitle this meas- through the end of 2010. ocean, and coastal resources, including base- ure, one thing will still remain true . . . this It is essential that we allocate the money line scientific research, and other programs in legislation is unfair. It literally takes money out spent on previous wars to programs to help coordination with federal and state agencies. of programs dedicated to serving low income expand opportunities for the American people. Monies will be deposited into the COSH fund families, children, seniors, the disabled, the Mr. Speaker, if you asked the typical Amer- from interest accrued on OCS royalties, rents, most in need of our assistance. Why isn’t the ican family what they would need to do to bal- revenues, and fees that will remain, for the pe- funding coming from war savings. There has ance their family budget, they would respond: riod of one year, in the Fund before moving been a consistent attack on the other side of spend less. But they would also be quick to the entirety of the principle in the general the aisle on programs that are proven to be acknowledge that without a job, or in the case Treasury. The bill authorizes the Secretary of

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Simply put Mr. Speaker, my bill does not observes the Buffett Rule that no household Education Jobs. $80 billion to promote jobs rob Peter to pay Paul but actually requires that making more than $1 million a year pays less creating the infrastructure to help students money made from the hard work of drilling by than 30 percent of their income in taxes. learn and create a better future workforce, in- our companies is rededicated to reducing our The individual income tax is a hodgepodge cluding $30 billion to put hundreds of thou- deficit—common sense fiscal and energy pol- of deductions, exemptions, and credits that sands of Americans back to work upgrading at icy. provide special benefits to selected groups of least 35,000 crumbling public schools, and As called for by the House’s FY 2013 budg- taxpayers and favored forms of consumption $25 billion to help prevent hundreds of thou- et resolution, it replaces the $98 billion se- and investment. These tax preferences make sands of educator layoffs. quester in discretionary spending with a $19 the income tax unfair because they can im- First Responder Jobs. $5 billion to help billion reduction in the discretionary cap for FY pose radically different burdens on two dif- states and localities hire police officers and 2013 and with ‘‘reconciliation’’ savings from ferent taxpayers with the same income. In es- firefighters and reverse previous layoffs. mandatory programs recommended by six sence, Congress has been picking winners Jobs for Veterans. $1 billion for the Presi- House committees. These cuts hurt the Amer- and losers. dent’s proposal to establish a Veterans Job ican people, children and families. THE HOPE AND PROMISE OF THE DEMOCRATIC Corps and employ at least 20,000 veterans. It also eliminates the separate cap on de- ALTERNATIVE BUDGET Builds a Stronger America through Long- fense spending for the year to allow for higher Preserves the Medicare guarantee and the Term Growth. Our budget invests in research, spending levels. The measure would modify Social Safety Net. The Democratic budget re- education, and innovation that will create a mandatory programs to save $19.7 billion jects any policy to end Medicare’s guarantee globally competitive workforce for the future. through FY 2013 and about $315 billion over of health care coverage for seniors and dis- Education Investments. Follows the Presi- 10 years, including by decreasing benefits and abled workers, and ensures the social safety dent’s request for increased investment in eligibility for the food stamp program, reducing net remains intact. education and includes his request for $6 bil- and repealing elements of the 2010 health Protects Medicare Beneficiaries. Rejects the lion to prevent the interest rate on subsidized care law, and requiring all current and future Republican budget’s proposal to end the Medi- student loans from doubling this July. federal workers to pay an additional 5 percent- care guarantee. It supports reforms in the Af- Innovation and Research Investments. age points of this salary toward their federal fordable Care Act (ACA) to close the prescrip- Funds science and engineering workforce de- pensions. tion drug ‘‘donut hole’’ for seniors with high velopment and supports innovative manufac- President Obama and Democrats oppose prescription drug costs and ensure free pre- turing processes that will reduce costs by the GOP measure, and say that preventing ventive care. As a result of these measures, using less energy, improving product quality, the January 2013 sequester and replacing the as well as provisions in the ACA to make and accelerating product development. savings that would come through sequestra- Medicare spending more efficient, a person in Small Business Investments. Provides addi- tion should be done in a ‘‘balanced’’ approach Medicare will save an average of about tional resources for the Small Business Ad- in which revenue is part of the solution. $4,200 on premiums and coinsurance from ministration (SBA) to ensure that the lending Republicans must abandon their ideological 2011 through 2021. Medicare beneficiaries volume for loan programs remains the same, agenda and join Democrats to restore fair- with high prescription drug costs will save rather than shrinking and denying many small ness, opportunity, and prosperity to our budget even more—an average of nearly $16,000 businesses’ access to capital. and our economy. over the same period. Infrastructure Investments. In addition to Preserves Medicaid for Low-Income Fami- TAXES AND THE BUFFETT RULE AND TAXES short-term jobs initiatives for transportation, lies and Seniors. Maintains Medicaid to ensure our budget includes the President’s six-year Mr. Speaker, the cloud looming over this that 57 million low-income people continue to surface transportation proposal to create con- Congress is an unintended ‘‘triple-watching get health care. Seniors and people with dis- struction jobs and fuel long-term economic hour’’ of tax increases that will take effect at abilities account for two-thirds of Medicaid growth. It also includes additional funding to the beginning of 2013. spending, and children account for another 20 maintain America’s harbors, seaports, and wa- The expiration of the Bush Tax Cuts, the percent. end of the recently extended Payroll Tax Cut, Preserves Supplemental Nutrition Assist- terways. and increases in capital gains and dividends ance (SNAP). Fully funds SNAP and supports Reduces the Deficit through Shared Re- taxation will shock the conscience and wallets the President’s proposal to continue certain sponsibility. Congress has already reduced of the American people. That is why Congress benefits added because of the economic projected deficits by more than $1 trillion needs to enact bi-partisan legislation that downturn. Nearly three-quarters of people through discretionary cuts for 2011 and 2012 helps lower the deficit but does not wreck served by SNAP are in families with children, and enacting tight spending limits for the next havoc on the financial soul of the middle and one-quarter are in households with some- nine years. Our budget further reduces the class. This is a moral document and frankly, one who is elderly or disabled. deficit with policies that balance spending cuts the other side is getting more than a little fresh Protects Social Security from Privatization. increased revenue. with the American people. It is May and we Social Security is not responsible for our cur- Gets Deficits Under Control. The deficit falls are voting on a vacuous budget that will likely rent deficits and should not be cut to reduce from 8.7 percent of GDP in 2011 to under 3 pass but is doomed to failure in the Senate. the deficit. However, many Republicans con- percent of GDP by 2015, and it remains there But again, tax reform that lowers the rate, tinue to advocate privatization, which would through the ten-year budget window. reduces the deficit, and does not pick winners put retirees’ financial security at risk and wors- Cancels Sequestration and Replaces it with and losers is not easy, but let’s not forget, if en the deficit for decades. Our budget affirma- Balanced Deficit Reduction. Replaces the $1.2 President Reagan and then-Speaker Tip tively rules out privatization. trillion in deficit reduction under the scheduled O’Neill could do it in 1986, anything is pos- Helps Create More Jobs Now. Unlike the Budget Control Act sequestration with greater sible. But this morning we are not doing a bi- Republican resolution, our budget includes the deficit reduction from targeted spending cuts partisan dance, but participating in a roller- President’s jobs initiatives, including the fol- and revenue increases. derby, a truly zero-sum game. lowing: Provides Tax Relief for Working Families In the budget, the Administration calls for in- Transportation Jobs. $50 billion to fund jobs and Ends Tax Breaks for the Wealthy. Ex- dividual tax reform that: cuts the deficit by that address immediate surface transportation tends the 2001–03 tax cuts for the middle $1.5 trillion, including the expiration of the priorities and $10 billion to establish an infra- class and rejects tax increases on the middle high-income 2001 and 2003 tax cuts. As a structure bank. class. Accommodates expansion of incentives matter of sound fiscal policy, I am supportive Tax Credits for Job Creation. A temporary for low- and middle-income families to earn in- of this effort. I recognize the economic bene- 10 percent tax credit for new jobs and wage come, save for retirement, and attend college. fits that many attribute to the Bush Tax Cuts, increases. To increase fairness and reduce the deficit, but we must ask ourselves are they affordable Tax Incentives for Manufacturing. Includes a this budget ends unwarranted and fiscally irre- at this time. number of incentives for domestic manufac- sponsible Bush-era tax cuts for millionaires,

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To solve our II tend the American Opportunity Tax Credit be- fiscal challenges, we must have shared sac- Ends the Medicare Guarantee. The Repub- yond December. Overall, mandatory higher rifice from all members in our society. In- lican budget ends the Medicare guarantee, education funding is cut by $166 billion over stead of shared sacrifice, H.R. 5652 just giving seniors a voucher with an artificial price ten years versus current law levels, and by leaves fire fighters sacrificed at the altar. cap to purchase insurance and leaving it up to $285 billion below the President’s request. One of the main ways H.R. 5652 achieves savings in the federal budget is by shifting a them to figure out how to keep their costs Slashes the Social Safety Net. The Repub- greater burden for funding essential services down as the value of their voucher fails to lican budget shreds the social safety net for to state and local governments. Over the keep pace with projected growth in health care seniors, low-income children, persons with dis- past five years, states already have cut near- costs. This plan will raise health care costs for abilities, and families struggling to get by in a ly $300 billion from their operating budgets seniors and leave traditional Medicare to challenging economy, all while cutting taxes as a result of the Great Recession. Even as ‘‘wither on the vine.’’ for the very wealthy. the private sector recovers, state and local Reopens the Medicare ‘‘Donut Hole’’ and In- Slashes Medicaid for Seniors and Low-In- governments are still struggling to balance creases Costs of Preventive Care Services. come Families. The budget slashes Medicaid their budgets, leading to continued job losses among fire fighters and other public sector The budget takes away important Medicare by $810 billion and converts it into a block employees. Since April 2012, the U.S. econ- improvements for seniors and persons with grant to states. ‘‘Block-granting’’ Medicaid is omy has lost 584,000 jobs in the public sector. disabilities by repealing key provisions of the not entitlement reform it is entitlement destruc- Further cuts in federal aid for essential gov- Affordable Care Act. The budget reduces the tion. This is simply code for deep, arbitrary ernment services will only exacerbate public prescription drug health by re-opening the cov- cuts in support to the most vulnerable seniors, sector job losses and undermine core func- erage gap, or ‘‘donut-hole,’’ and it increase individuals with disabilities, and low-income tions of government such as fire protection and emergency medical treatment. costs to seniors for preventive care services. children. Specifically, H.R. 5652 would completely Reopening care services. Reopening the Block-grants and Cuts Supplemental Nutri- eliminate the Social Services Block Grant, donut hole alone will increase costs for Medi- tion Assistance (SNAP). The budget slashes saving the federal government $18.7 billion. care beneficiaries with high prescription drug SNAP funding by $133.5 billion over ten Originally established during the Reagan ad- costs by an average over $10,000 over the years, harming the million who rely on this aid ministration, these critical funds help state next ten years. to feed their families. Nearly three-quarters of and local governments provide essential Abandons American Workers. Putting Amer- people served by SNAP are in families with services to 23 million seniors, children, and icans back to work is the fastest and most ef- children, and one-quarter are in households disabled Americans. Home-based services like Meals on Wheels, child-care services for fective way to reduce the short-term deficit-in with someone who is elderly or disabled. low-income families, and programs to pre- fact, the Congressional Budget Office esti- Abandons Fairness. The budget provides vent child abuse and neglect all receive fund- mates that slow growth and under-employ- tax breaks for the wealthy and special inter- ing, in whole or in part, through the Social ment account for over one-third of the pro- ests at the expense of everyone else. Repub- Services Block Grant. jected deficit for 2012. But the Republican licans’ refusal to ask millionaires to pay one H.R. 5652 would also cut $22.7 billion from budget turns it back on American workers, ig- more penny in taxes leads them to place the the Medicaid program. Created along with entire burden of reducing deficits and debts on Medicare in 1965, Medicaid represents an his- noring the President’s proposals for new jobs toric joint commitment by the federal gov- for teachers, first responders, construction the shoulders of middle-income families and ernment and our states and territories to workers, and veterans involved in building a seniors. This budget dismantles the Medicare provide essential health care to our nation’s better infrastructure that will boost our econ- guarantee, cuts back and nutritional assist- poor. Medicaid is one of our nation’s core omy now and in the future. Independent ana- ance for low-income children and families, and safety-net programs. As the depths of the lysts have found that the Republican budget severely underfunds the crucial health care Great Recession grew, so too did Medicaid could lead to the loss of more than 2 million safety net for more than 56 million Americans enrollment, creating increased pressures on jobs over two years. provided by Medicaid. At the same time, it state budgets. The proposed cuts in H.R. 5652 Transportation Jobs. Instead of investing in showers an additional $4.6 trillion in tax cuts to Medicaid will only add to state budget pressures. For example, nearly half of the infrastructure, the Republican budget reduces (over and above extending all of the Bush-era cuts will come from a reduction in the state transportation spending by at least one-quarter tax cuts) that primarily benefit the wealthy. provider tax threshold. States can use the over 10 years. Next year, transportation Overall, millionaries can expect an average revenues generated from the provider tax to spending would be barely one-half of this tax cut of $394,000 in this budget, which in- offset their share of Medicaid payments. year’s level, a steep cut that could delay or cludes $129,000 just from extending all of the Eliminating the Social Services Block stop projects already underway. A failure to in- Bush-era tax cuts. Grant and cutting Medicaid would have dis- vest in transportation will also hurt businesses’ Mr. Speaker, again I call on my colleagues astrous consequences for our local commu- to vote against H.R. 5652, an unrealistic, nities. State and local governments would be ability to transport goods and supplies in the hard-pressed to fill the budget holes created long run, weakening future economic growth. unpragmatic, and unPATRIOTIC so-called bill by H.R. 5652. Without these funds, state and Tax Breaks for Outsourcing jobs. The Re- that is a punch to the gut of the most vulner- local governments may be forced to elimi- publican budget boosts tax incentives that en- able Americans. nate these programs or cut funding from courage multinational companies to ship prof- INTERNATIONAL ASSOCIATION other essential programs such as the fire its, intellectual property, and thousands of jobs OF FIRE FIGHTERS®, service to balance their budgets. Either way, overseas while costing the American economy Washington, DC, May 10, 2012. the consequences to our local communities billions of dollars. MEMBER OF CONGRESS, would be devastating. Furthermore, the IAFF strenuously ob- Makes College More Expensive, Under- U.S. House of Representatives, Washington, DC. jects to forcing drastically higher pension mining U.S. Competitiveness. The budget DEAR REPRESENTATIVE: On behalf of the contributions from current and future fed- eviscerates funding for higher education, elimi- nation’s 300,000 professional fire fighters and eral employees. H.R. 5652 would require all nating the $104 billion that Congress has al- emergency medical personnel, I write to ex- current federal employees to contribute an ready enacted to help sustain the maximum press my strong opposition to H.R. 5652, the additional five percent in pay toward their Pell grant award and to provide for yearly in- Sequester Replacement Reconciliation Act defined benefit pension plan, with no en- flationary increases. It adds an average of of 2012. This legislation would rewrite the bi- hancement in benefits. Federal workers have $2,800 in higher loan repayment costs to more partisan Budget Control Act of 2011 by plac- already contributed $60 billion toward deficit reduction through a two-year pay freeze. than 7 million low-and moderate-income col- ing greater economic hardships on working class Americans or vulnerable populations. Forcing greater economic sacrifices from lege students by letting the interest rate on Although the IAFF is deeply concerned federal fire fighters is particularly insulting, subsidized students loans double, from 3.4 with the impact that defense cuts will have given the sacrifices these brave men and percent to 6.8 percent. It also eliminate $47 on our federal members employed at defense women already make on the job. The na- billion for lower-cost loans for low-income stu- installations, we cannot support unraveling tion’s federal fire fighters protect many of

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The gentleman from vote in the U.S. House of Representatives. kids are going to see their food nutri- Pennsylvania is exactly right. That is Thank you for your consideration of the tion cut, not because they’re getting it the goal of our language in this bill, views of America’s front line domestic de- somehow fraudulently. It is because and it will be the additional efforts fenders. what the Republican proposal does is that we will undergo in the comprehen- Sincerely, cut it off. Almost 2 million people will sive farm bill that will follow soon. HAROLD A. SCHAITBERGER, be eliminated from access to the Food Mr. MURPHY of Pennsylvania. I General President. and Nutrition program. have one additional question for the b 1250 I now yield 11⁄2 minutes to the gentle- gentleman. Mr. RYAN of Wisconsin. Mr. Speaker, lady from Wisconsin (Ms. MOORE), In fairness here, will you be bringing I yield 11⁄2 minutes to the gentleman somebody who knows a lot about these forward a bill to the House from the from Oklahoma (Mr. LANKFORD). issues and is a terrific member of the committee that’s truly going to reform Mr. LANKFORD. Mr. Speaker, it is Budget Committee. farm subsidies, produce savings, and re- interesting just to hear all the hyper- Ms. MOORE. I thank the gentleman sult in deficit reduction? bole. As a freshman that walks in this from Maryland. Mr. LUCAS. I would say to the gen- It’s important that the American body, I’m not used to hearing all the tleman from Pennsylvania that, when people know the truth about this se- back-and-forth. I am used to sitting we come with our comprehensive farm questration replacement bill. And no down at a table and working things out bill, things that have been identified by matter how many times we hear that and actually going through the facts. many people as a concern, like the di- this package is going to cut welfare It’s always fascinating for me to be rect payments, will not be there. We programs or socialist programs, like able to hear the speeches and to be able will address all spending in all portions Medicare and Medicaid, things that we to hear how impressive things are when of the farm bill. We will make reduc- call the safety net, all for the sake of there are some simple things. It re- tions in every part of agricultural reserving every last dime of military minds me again of how difficult it real- spending, as we do our part in helping spending, ignoring the opportunity to address this huge, tremendous national ly is to bring down Federal spending rout out waste, fraud, and peace divi- and to actually balance our budget deficit. dends, it doesn’t add up. Mr. MURPHY of Pennsylvania. I when we can’t agree on simple things— The math I was taught is that what thank the gentleman for his responses. simple things like: you do to one side of an equation, you Mr. VAN HOLLEN. Mr. Speaker, I Should we write a check and mail it have to do to the other side of the was glad to hear that last colloquy, be- on April 15 to people that are here in equation for it to balance out. You cause this Republican proposal cut the this country illegally? Yes or no. can’t just subtract from the social safe- Food and Nutrition programs in the Ag If people do not qualify for food ty net—Medicare, Medicaid, food Committee’s jurisdiction and then stamps, should we give them food stamps, cut the Social Services Block didn’t ask for one penny from the ag stamps anyway? Grant, stop the Wall Street bailouts; subsidies. If our Democratic substitute If there’s a TARP program that’s out you can’t just add more tax cuts for there that all of us, in a bipartisan the wealthiest, add more defense spend- had been made in order, that was one manner, have said does not work—it ing, maintain oil subsidies, maintain of the cuts that we made in order to was supposed to give home assistance expensive corporate farm subsidies and prevent devastating cuts to the Food for mortgages to millions of people, say that that’s a balanced approach. and Nutrition programs for over 22 mil- and it’s been a miserable failure—can I have very limited time, but I want lion American families with children. we close down that program and use to say to Americans: It don’t add up. I now yield 1 minute to the gen- those dollars? This dog doesn’t hunt. You can’t just tleman from Vermont (Mr. WELCH). The answer seems to come back, no, cut the social safety net and add bil- Mr. WELCH. I thank the gentleman. no, and no. And it’s this repetitive lions of dollars of corporate welfare Mr. Speaker, this bill seeks to statement again and again of, if we’ll and say that that’s a balanced equa- achieve a very worthy goal: reduce the just tax those oil companies, every- tion. It doesn’t support simple math. debt of the United States and establish thing will be all right. Well, I’m sorry, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE a sustainable level of spending. I share but a $4 billion tax on oil companies, The SPEAKER pro tempore. The that goal, but I oppose this bill for two which will cause prices to increase on Chair reminds all Members to address reasons: gasoline, does not solve a $1 trillion their remarks to the Chair. First, the proponents of this bill hole. Mr. RYAN of Wisconsin. Mr. Speaker, know—or they certainly should know— This is a first step. This is a begin- I yield 11⁄2 minutes to the distinguished that there is absolutely no chance this ning point to say we’ve got to get in chairman of the Agriculture Com- bill will be passed by the Senate or balance. And this is a real, practical mittee, the gentleman from Oklahoma signed by the President. That turns way to begin to deal with fraud and (Mr. LUCAS). this into a political manifesto, not a abuse and waste in our system and du- Mr. LUCAS. Mr. Speaker, I yield to practical proposal. plication in government so we do not the gentleman from Pennsylvania for Second, and most importantly, the have the across-the-board sequestra- the purpose of joining me in a colloquy. design of this bill guarantees that it tion, so we do not have a big hit on our Mr. MURPHY of Pennsylvania. Mr. will fail. Our budget is a three-pronged defense. We’ve got to solve this. And Speaker, I would like to ask the gen- stool: domestic spending, Pentagon we should be able to come together and tleman from Oklahoma if he could re- spending, and revenues. And if you say this is waste, abuse, and fraud. spond to the notion: All of us want to want a strong and durable stool, you Let’s settle that before we deal with protect the social safety nets for the need three strong legs. This budget taxes. truly needy, but we also want to stop cuts two away. It takes revenues off Mr. VAN HOLLEN. Mr. Speaker, we abuses within the system that take the table completely, and it exempts keep hearing about waste, fraud, and money from those programs and hurt the Pentagon, with its nearly $700 bil- abuse. We all need to do everything hu- the poor, for example, people who hide lion budget, from making any con- manly possible to make sure there’s no their assets to fraudulently qualify, tribution to debt reduction. waste, fraud, and abuse. We keep hear- people who misuse food stamps for al- Mr. Speaker, our debt problem is se- ing about these people who are receiv- cohol and tobacco. rious but solvable. There were 100 of us

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in this House—60 Democrats and 40 Re- Means Committee and knows a lot mittee Chairman PAUL RYAN for the publicans—who wrote to the supercom- about this issue. leadership in bringing this important mittee, and we said the obvious: Put Mr. NEAL. Mr. Speaker, we just legislation to the floor. everything on the table. By doing so, heard a moment ago from the gen- This reconciliation legislation will we can succeed. tleman from South Carolina that there make necessary and strategic reforms Mr. RYAN of Wisconsin. Mr. Speaker, was an illicit or perhaps illegal initia- to a number of mandatory programs to I yield 2 minutes to the gentleman tive that was taking place across the better ensure that those most in need from South Carolina (Mr. MULVANEY), country in the Midwest. So the answer of government assistance receive it, in- a member of the Budget Committee. in that instance is to notify the U.S. stead of individuals who are not eligi- Mr. MULVANEY. I thank the gen- Attorney’s Office if it’s fraudulent. The ble or indeed may be gaming the sys- tleman from Wisconsin. answer there is to notify immigration tem. With these reforms, we will find Mr. Speaker, in my office, as we all authorities. nearly $328 billion in savings over 10 do, we get emails, from time to time, But this argument right here is not years. Furthermore, H.R. 5652 will off- from constituents, viral emails alleg- about illegal immigration. This argu- set $78 billion in cuts to the Depart- ing, from time to time, some type of ment today is about once again asking ment of Defense as a result of seques- violent fraud in the system or some the wealthiest people in our society tration. type of bizarre government overreach, just to sacrifice a bit. Mr. Speaker, I am pleased to see that and we actually research them in my When the gentleman talks about $4 there are two provisions that I au- office to find out if they are true or billion of fraud, there isn’t anybody on thored that have been included in H.R. not. the Democratic side that encourages or 5652. The first is H.R. 5, which seeks to countenances the idea of fraud. Tell address the rising cost of health care b 1300 the American people where the expend- through meaningful, fair, and balanced And we got this one this week—in itures go. medical liability reform. The second is fact, we got dozens of them this week— A million new veterans have been H.R. 1683, the State Flexibility Act, about a program that, supposedly, was created between Afghanistan and Iraq. which seeks to correct a problem cre- part of an investigative report by a tel- You’re 20 years old, and you’ve been ated by the failed stimulus and evision station in the Midwest. It said wounded in Iraq or Afghanistan, you’re ObamaCare. This provision gives that, supposedly, illegal immigrants going to be in the care of the VA sys- States the opportunity to root out were able to file paperwork every April tem for the next 50 or 60 years. We are waste, fraud, and abuse in the Medicaid 15 and receive a thousand dollars back obligated to take care of them. That’s program. from the Federal Government for every where the money goes. I urge all of my colleagues on both child that they had, regardless of We cut taxes in this country by sides of the aisle to support H.R. 5652. whether or not they could prove the $2.3 trillion during the Bush years, and Mr. VAN HOLLEN. I yield 2 minutes child existed, regardless of whether or my Republican pals were all culpable to the distinguished Democratic Whip, not the child actually lived in the in that argument. You can fight two the gentleman from Maryland (Mr. country. wars in Afghanistan and Iraq, now both HOYER). I was stunned by it, to be quite frank north of $2 trillion, and cut taxes by Mr. HOYER. I thank the gentleman with you, and we gave it to my office $2.3 trillion, and people wonder why for yielding. to actually research it. And it turns we’re in the predicament that we’re in. Mr. Speaker, the challenging times out, Mr. Speaker, stunningly, it’s abso- Twelve successive years of tax cuts, we live in force us to make difficult lutely true. Absolutely true. And it’s and at the same time asking nothing of choices about our priorities. The rec- not just the radio station or television the people at the very top, who, inci- onciliation bill before us today is an station in the Midwest. The IRS admits dentally, during the Clinton years were example of choosing the wrong prior- that this is true. The inspector general not even asking for a tax cut. Their ar- ities. looked into this and said we are spend- gument was: Pay down the debt. While we must address our deficits ing $4 billion every single year—over $4 We are being asked to revisit with and avert sequestration, the Repub- billion—on this type of program. They this budget what went awry during the lican reconciliation bill does it abso- admit that it’s true, and the IRS has Bush years. We are being asked with lutely the wrong way. It places the en- asked us to act. And we have done this budget to go back to the policies tire burden of deficit reduction on the nothing. that got us into this predicament dur- most vulnerable while asking nothing This is an outrage, Mr. Speaker. I’m ing the Bush years. We are being asked of the best off. Indeed, it asks for more surprised to hear anybody defend this at this time, once again, to ask the from those who have less, and less from system. This is the type of waste, poorest people in our society to shoul- those who have more. It harms seniors fraud, and abuse that undermines con- der the burden of tax cuts for the and children by eliminating Social fidence in the way we do business in wealthiest in America—tax cuts that Services Block Grants, which provide this town. This is the type of thing have not paid for themselves, tax cuts for programs for our communities like that gives people concern that we don’t that will not pay for themselves, and child protection services and Meals on have any idea what we’re doing about tax cuts that do not take us on a sound Wheels. anything. path to fiscal stability in the near- or They say they’re getting rid of fraud, The good news here is that, for a long-term future. waste, and abuse—I’ve heard that for 31 change, we actually have a chance to This conversation should be about years—while they added $6.4 trillion to do something about it. We could pass balancing the budget, and it should be the deficit. It slashes food stamp fund- the bill of the gentleman from Texas done by Democrats and Republicans, ing by $33.2 billion. They say that’s (Mr. JOHNSON), but we could also do not with a sledge hammer, as is being waste, fraud, and abuse. CBO does not something today. We don’t have to proposed early this afternoon. agree. It’s real assistance to families in wait to fix this type of abuse. We can Mr. RYAN of Wisconsin. I would say, need. Furthermore, it cuts the pay of pass this reconciliation bill today and Mr. Speaker, this is not a tax cut bill, middle class workers who serve the stop this program and at least take a this is a spending cut bill. public—the only workers it adversely small step towards restoring con- With that, I yield 2 minutes to the affects. fidence in the way the American gov- gentleman from Georgia (Mr. These are the priorities we’ve seen ernment provides services to its people. GINGREY). throughout the Republican budget: And I hope we do exactly that. Mr. GINGREY of Georgia. Mr. Speak- Ending the Medicare guarantee, slash- Mr. VAN HOLLEN. I yield 2 minutes er, I rise in strong support of H.R. 5652, ing jobs while cutting taxes for the to the gentleman from Massachusetts the Sequester Replacement Reconcili- wealthiest at the expense of seniors. (Mr. NEAL), who is on the Ways and ation Act. I commend Budget Com- The gentleman from Wisconsin says

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And in backing out of that, they hungry right here in the United States. one rule as opposed to the three you are protecting the wealthiest among Vote ‘‘no’’ on this. waived for your budget, but you us, hurting the middle class. This is Mr. VAN HOLLEN. Mr. Speaker, may wouldn’t do it because you didn’t want the wrong way to go. It is a shameful I inquire as to how much time re- to have the American public see the document. mains? real alternatives out here. I regret Mr. RYAN of Wisconsin. I continue The SPEAKER pro tempore. The gen- that. To that extent, you closed down to reserve. tleman from Maryland has 3 minutes this rule which you railed so much Mr. VAN HOLLEN. I yield 1 minute remaining. The gentleman from Wis- against. to the gentleman from Ohio (Mr. KUCI- consin has 7 minutes remaining. Mr. VAN HOLLEN. Mr. Speaker, I The SPEAKER pro tempore (Mr. NICH). Mr. KUCINICH. Mr. Speaker, it’s yield myself 2 minutes. WOMACK). The time of the gentleman As we said at the beginning, there is called a reconciliation act, but how do has expired. no disagreement over the fact that we we reconcile more money for bombs Mr. VAN HOLLEN. I yield the gen- need to have a plan to reduce our def- while cutting money for bread? How do tleman an additional 30 seconds. icit. The question has been how. And we reconcile our Nation helping oil Mr. HOYER. Unlike today’s Repub- there is no dispute about whether we companies, arms merchants, and war lican bill, our proposal reduces deficits need to replace the sequester, the in a balanced way and prevents seques- profiteers while cutting assistance to meat-ax cuts that will take place auto- tration through a balanced combina- low- and moderate-income families? matically January 1. Again, the ques- My colleagues are worried about tion of spending cuts and revenues. tion is how. And let me say something: Nobody is abuse of food stamps. I wish they would The Republican approach once again asked to make a sacrifice in the richest have additional concern and sympathy asks nothing of people who are doing so country on Earth; what we have to do for the abuse of the middle class, for 10 well in this country, people who are is make appropriate contributions. No- million Americans out of work, for making over $1 million a year. And be- body is asked to make a sacrifice—and millions losing their homes, their re- cause they ask nothing of them, their certainly not the most vulnerable in tirement security. budget hits everybody else. The figures our country, as does this reconciliation Let’s look to where the real fraud is we’re talking about today, these are bill. in our government—in wars based on about real people. These are figures Mr. Speaker, I urge opposition to this lies, over trillions of dollars, billions of from the nonpartisan Congressional bill. We can and should do better. U.S. money lost or stolen in Afghani- Budget Office as to the impact of their Mr. RYAN of Wisconsin. I reserve the stan. Just in the last week, $80 million proposal: 300,000 kids will lose their balance of my time. for a consulate that they are not even health care coverage under CHIPs; 22 Mr. VAN HOLLEN. I yield 1 minute going to use, they are going to close. million kids will see their food and nu- to the gentleman from New York (Mr. And we blame poor people using food trition support under SNAP reduced; 2 ENGEL). stamps? million people will see all of their food Mr. ENGEL. I thank the gentleman The real deficit we’re dealing with and nutrition support eliminated. from Maryland and I rise in opposition here is a moral deficit, and it’s time Those are facts. to this bill. that we face the truth. I know people want to pretend that It should come as no surprise the Re- Mr. VAN HOLLEN. Mr. Speaker, I this doesn’t impact real people. That publicans in Congress do not take the yield 1 minute to the gentleman from makes it easier to say we’re not going budget deficit seriously. When they California (Mr. BACA). to ask big oil companies to get rid of were in total control during 6 of the 8 Mr. BACA. Mr. Speaker, I rise in their subsidies if we can pretend that Bush years, they did nothing to reduce strong opposition to this misguided the cuts don’t have an impact, but they the deficit. Quite the opposite. budget that we’ll vote on today. This do. And that’s why every bipartisan Republicans say they’re all for cut- package literally takes food off the group that’s looked at this budget ting spending, just not the spending table for millions of disadvantaged challenge has said we need a combina- they like. So here we have an attempt Americans by cutting $33 billion from tion of cuts. We did a trillion more, and to replace sequestration so that they the SNAP program. we have cuts in our substitute, but you can continue to destroy the social safe- I ask my Republican colleagues: also need to get some revenue by clos- ty net while protecting defense spend- Where are your priorities? Is it to take ing some of these tax loopholes. ing, Big Oil, and the wealthiest in this from the poor to give to the rich? Mr. Speaker, the Democrats had a country, yet again asking the middle SNAP is a lifeline for 46 million substitute amendment. The Repub- and lower classes to bear the cost of Americans. We continue to spend hun- licans won’t even let us have a vote on cutting the budget. dreds of millions of dollars every year it. They waived three provisions in I said when they agreed to the se- to assist foreign countries, but we their rules to bring up their proposal. quester that they’d try to back out of don’t spend money to take care of the They wouldn’t waive one to hear an al- the deal to protect their pet policies struggling families right here at home. ternative. and gut the social safety net. And It’s a shame. We keep hearing that it’s so impor- that’s what we see in this document: This budget proposal not only cuts tant to reduce the deficit; apparently, cutting food stamps, cutting SNAP, benefit levels, but it also keeps thou- not important enough to ask for one hurting senior citizens, repealing evi- sands of children from receiving school penny from people who are making a dence of health care reforms, hurting meals. Can you imagine going to school million dollars a year. Federal workers. on an empty stomach and having to We keep hearing that the impact of take a test? In America, this should sequester is going to hit defense. But b 1310 not happen. again, not one penny from the oil com- I voted against the Budget Control I understand the value of the SNAP panies to help take a balanced ap- Act because it was an unbalanced budg- program because I once relied on food proach. et that put the responsibility of bal- stamps. Unless you’ve been in that sit- I urge rejection of the Republican ancing the budget on the backs of the uation, you don’t know what it’s like. proposal.

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At the same time That would be democracy, but maybe eliminating the Prevention Fund: the House is advancing tax cuts that that’s asking too much these days. 326,000 women would not get the breast benefit the most fortunate Americans, Mr. Speaker, I now yield the balance cancer screening they’re slated to re- this legislation would impose deep of my time to a lady who has spent her ceive next year; 248,000 women would budget cuts that cost jobs and hurt the life fighting for justice and trying to not get the cervical cancer screening middle class and vulnerable Americans, make sure that is reflected in the budg- they’re slated to receive next year. especially seniors, veterans, and chil- ets that we present to the American Those are big numbers, but every indi- dren. people, the distinguished Democratic vidual case is important to the families Mr. Speaker, instead of the slash- leader, Ms. PELOSI. that those women live in. and-burn approach, let’s come together The SPEAKER pro tempore. The gen- in a bipartisan way, in a balanced way, b 1320 tlewoman from California is recognized to cut our deficit by growing the econ- for 1 minute. So the numbers are staggering, but omy, creating growth, creating jobs, Ms. PELOSI. Mr. Speaker, I want to the specific cases are what is impor- bringing in revenue to reduce the def- thank the gentleman for yielding. tant, and this is hundreds of thousands. icit, to make the priority choices that I want to call to the attention of all This budget would harm children and reflect the values of our country, the of our colleagues and those who follow seniors, literally taking food out of the values of fairness and opportunity, of the work of Congress the extraordinary mouths of babies, as nearly 300,000 chil- sustaining a thriving middle class for contribution that Ranking Member dren would lose free or reduced-cost the middle class and all who aspire to CHRIS VAN HOLLEN has made to this de- school meals—300,000 kids. Wait a it. It is the backbone of our democracy. bate. He has led our Democratic mem- minute. We’re going to give a $400,000 For that reason, I urge my colleagues bers on the Budget Committee in a way tax cut to people making over $1 mil- to vote ‘‘no’’ on this devastating bill. that reflects the values of our country: lion a year, and we’re going to take Mr. RYAN of Wisconsin. Mr. Speaker, how we can meet the needs of our chil- food from 300,000 children to do that. I yield myself the balance of my time. dren, their health, their education, and 1.7 million seniors would lose Meals First off, Mr. Speaker, let me thank the economic security of their families. on Wheels—people are familiar with those six committees that contributed When people ask me what are the that in their neighborhoods, in their to making this possible. three most important issues facing the communities—and other services. Over 60 percent of the Federal budget Congress, I always say the same thing: It would put Wall Street ahead of is in a category of spending we call our children, our children, our chil- middle class and working families by mandatory spending. It’s a budget term dren. And the issues that are addressed weakening the Consumer Financial of art that means that part of spending in the budget address the needs of our Protection Bureau. In the Wall Street children directly and the families in is on autopilot. Congress does not ad- reform bill, we not only had the biggest dress or oversee or set the levels of which they live. changes in regulations so that the I watched with great pride the debate that spending in any given year. Con- recklessness on Wall Street would no and the strong distinction that has gress does address what we call discre- longer cause joblessness on Main been made between a values-based tionary spending. That’s government budget, put forth by the Democrats, Street—the recklessness of some. I agency budgets—about 39 percent of that supports a thriving middle class, don’t paint everyone with the same the budget every single year. The last and the Ryan Republican Tea Party brush. The recklessness of some on time Congress actually looked at this budget that upholds millionaires over Wall Street would not create, again, 60 percent of spending on autopilot for the middle class. massive joblessness on Main Street. savings was 2005. It’s important that We are here today because the Re- In that same legislation—and they we make sure that we’re scrutinizing publicans in the House have decided were the biggest regulation changes in how we’re spending hard-earned tax- over and over again to walk away from a long time, decades—the biggest payer dollars, and it’s a shame that we a bipartisan, bicameral agreement that change in history was in the Consumer haven’t revisited this category of we reached to avert economic crisis Financial Protection Bureau. This spending since 2005. We’re doing that and to reduce our deficit and to honor budget weakens consumer protection. here. the full faith and credit of the United That’s just not right. Now, the President, the Secretary of States of America. They are walking So, here we are again with the Re- Defense, the Speaker of the House, the away and punishing the middle class, publican budget, to name a few. minority leader of the House, they’ve because they refuse to close even one In contrast to this draconian Repub- all said that this sequester is a mis- special interest tax loophole to reduce lican bill, Democrats are fighting for a take; it’s bad, it’s going to hurt. Not our deficit. They are putting Big Oil balanced approach that creates jobs, only does it hollow out defense, accord- and millionaires ahead of America’s expands opportunity, reduces the def- ing to the Defense Secretary, but it middle-income families. icit, protects the health and economic also creates an 8 percent across-the- In recent weeks, House Republicans security of America’s families, and board cut to domestic discretionary have voted twice—not once, but twice; honors the entrepreneurial spirit of spending, like the National Institutes here we go again, in the words of a America. of Health. We think we should prevent great Republican President—have Republicans are focused on obstruc- that. On a bipartisan basis, we think voted twice to pass a budget that gives tion rather than solutions. Americans we should prevent that. That’s what massive tax breaks to the wealthiest have rejected Republican obstruc- we’re doing. This is the only plan that Americans while ending the Medicare tionism and made it clear over and says, Prevent that from happening, and guarantee and increasing cost for sen- over again: We must work together to here’s how you pay for it. Here’s our iors in the meantime. That is an abso- find solutions. plan to stop that from happening, this lute fact. Today Republicans are voting Because this legislation will have a event that everybody says should be to begin implementing their out-of- devastating impact, it’s opposed by nu- stopped. touch budget, and middle class people, merous organizations, from Easter Now, when we take a look at what seniors, women, and children will pay Seals, to the National Women’s Law this package does, I think we want to the price. Center, to the U.S. Conference of look at, is our government working the Consider these few things. I know Catholic Bishops, and Voices for Amer- way it ought to be? that members of the committee have ica’s Children. In particular, we’re hearing lots of made the case, but I just want to focus As the Obama administration wrote comments about how this hurts people, on a few things that affect people very in expressing their strong opposition to how this hurts the poor. Let’s take a directly in their lives. this bill, the bill’s unbalanced provi- look at our poverty-fighting efforts.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6611 And should we measure our poverty- fairly in the Tax Code so that a com- County than the total population of more than fighting efforts based on inputs or pany or a person who makes the same 100 of Virginia’s 139 jurisdictions. based on outcomes? Should we measure amount of money pays the same level This sequester replacement is a short sight- our poverty-fighting efforts based on of tax. You do that by getting rid of ed and cynical action. Make no mistake; this how much money we’re spending and tax shelters and tax loopholes, not to is NOT about fiscal responsibility. It forces how many programs we’re creating? Or raise spending, but to lower tax rates sacrifices on the less fortunate among us; should we think about how many peo- so American businesses can survive, seniors and children who will lose supple- ple are we getting out of poverty? can thrive, and create jobs. Upward mental meal assistance; struggling single par- Here’s the problem: These efforts mobility. Economic opportunity. ents who will lose child care support, threat- aren’t working. One out of six Ameri- That’s what we’re trying to achieve ening their ability to work; lower income fami- cans today are in poverty. We have the here. lies who will lose their health care. What this highest poverty rates we’ve had in a plan does not do is ask similar sacrifices from b 1330 generation. These programs aren’t the most wealthy in our nation. In fact, it working. Let’s fix them. Let’s pass re- Mr. Speaker, we should not be talk- paves the way for another tax cut for the top forms that instead decrease the pov- ing to each other in this society as if 1 percent. Oil and gas companies, which have erty rate, which is happening these we’re stuck in some class, as if this seen $290 billion in profits over the last 4 days, and get people back into lives of person’s middle class, that person’s years are not asked to contribute even 1 self-sufficiency. lower class, and that person’s upper penny of the $16 billion in special tax breaks Let’s go back to the American idea of class. Our ancestors left those class- they received. an opportunity society with a safety based societies to form this country, No, this Republican Reconciliation Ruse is net that doesn’t keep people in poverty which should not be a class-based soci- really an attempt to fundamentally change but gets people out of poverty into ety. It should be a society of upward American values at the expense of the sick, lives of self-sufficiency. And we’re not mobility, where we can make the most the old, the young and the disadvantaged. I going to be able to achieve that if we of our lives, based on our own God- would ask my colleagues to go home and talk don’t grow our economy. We’re not given talent and our own effort. We to those individuals struggling to get by in their going to be able to achieve that if we should not be speaking to people as if community, and faith leaders who work with don’t have more opportunities in soci- they’re stuck in their current station them, and ask how these draconian cuts affect ety so that people who are on the bot- in life and the government is here to their lives. I urge my colleagues to reject this tom rung of the economic ladder can’t help them cope with it. Republican Reconciliation Ruse and to work climb up and out. We need to get ourselves out of this toward truly comprehensive, responsible and We shouldn’t be defining success as debt crisis because, if we have a debt bipartisan deficit reduction that safeguards the how many people we have on these ben- crisis, if we keep on this path where less fortunate among us and is reflective of efit programs. We should be defining we’re borrowing 40 cents of every dollar our nation’s shared values. success as to how many people we are we spend, we’re going to have a debt Mr. GENE GREEN of Texas. Mr. Speaker, graduating from these benefit pro- crisis. Europe is in a debt crisis. I ride in strong opposition to the draconian grams into lives of self-sufficiency, And what happens when you’re in a cuts to health care, food stamps, and other into jobs. That’s the American idea. debt crisis? Immediate austerity, cut- essential programs that are being proposed by So when you take a look at whether ting benefits to seniors, cutting bene- the House majority in H.R. 5652. Last summer, this Congress and the Admin- these programs are working well or fits to people in the safety net, raising istration agreed on a path to reduce the na- not, we need to reform them. We taxes. That slows down the economy, tional deficit by over $2.1 trillion. Over half of haven’t touched these programs for especially for the youth. this amount was going to come either through decades. Food stamps, we’ve gone from Look what we’re doing right now. a bipartisan agreement by the so-called 17 million people to 45 million people in Half of our Nation’s college graduates are either unemployed or under- ‘‘Super Committee’’ or through sequestration. a decade, a 270 percent spending in- I do not like sequestration. It is an inefficient employed—half. crease—$1.8 billion in overpayments way to make spending decisions that affect It’s not working. We need to change last year alone. We’re just saying you millions of Americans. However, this is what these policies. We need to grow the need to qualify for the benefit to get was agreed to and for the House majority to economy. And if we have a debt crisis the benefit. go back on that agreement and not have an because of this spending, then the peo- Medicaid. If we think this is such a open and frank debate on how this chamber success, then why are half the doctors ple who need government the most, can agree to reduce our national deficit while filling out surveys saying they’re not they’re the ones who get hurt the first preserving essential programs and services is going to take any new Medicaid pa- and the worst. more than just disappointing. For millions of tients. If this program is working so We’re leading. The President, no plan our fellow Americans, it is a matter of survival. well, then why was $15.8 billion in over- to fix this. The Senate, no budget since This legislation would result in cutting food payments made just last year? Does 2009. And our friends on the other side stamps by over $33 billion dollars. Nearly 50 this devastate Medicaid? Instead of in- of the aisle, tax increases, spending in- cents of every dollar into food stamps helps creasing Medicaid by 125 percent over creases, no spending cuts. children get the food they need to grow and the next decade, this proposal increases Mr. Speaker, this is a small step in thrive. it by 123 percent over the next decade— the right direction. It’s something Con- H.R. 5652 would gut vital health care serv- hardly draconian. gress should do every day. I urge pas- ices, including ending the Prevention and Pub- What we’re saying is we need to sage of this bill. lic Health Trust Fund, which is essential for make these programs work to achieve Mr. CONNOLLY of Virginia. Mr. Speaker, finding better ways to promote wellness, pre- their intended results. Give States this morning, I met with homeless individuals vent disease, and protect against public health more flexibility to customize their ben- and families, and community leaders who ad- emergencies. efits to meet the needs of the people in vocate on their behalf. I can tell you that even This bill would also reduce matching state their States. That’s what these Med- in my district the wealthiest in the nation—we funds to Medicaid, as well as make it more dif- icaid reforms are all about. have real needs. While our poverty rate may ficult to qualify for the program and make dev- When we hear the other side talk be the envy of most jurisdictions across the astating cuts to the Children’s Health Insur- about no spending cuts but more tax nation, that’s just a statistic. In real numbers, ance Program (CHIP). increases, that’s going to slow down more than 60,000 people are struggling with It would make sharp cuts to the Social Serv- job creation. We’re the first ones who poverty—hard working men and women trying ices Block Grant program, which could result came to this floor saying, ‘‘Close these to provide for themselves, and tens of thou- in 1.7 million children losing access to protec- tax loopholes, but close these tax loop- sands of children not knowing where they’ll tive services, 450,000 children being denied holes to create economic growth by re- sleep tonight, or if they’ll eat. In fact there are foster care, and 640,000 children losing child forming the Tax Code.’’ Treat people more people below the poverty line in Fairfax abuse prevention services.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 9920 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6612 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 This legislation would also eliminate the of equal treatment for Puerto Rico will not be The majority values millionaires over women FDIC’s ability to unwind financial institutions lost, and that the final budget product will and children’s access to healthcare. They that are ‘‘too big to fail’’ in an orderly way, bring our fellow citizens in Puerto Rico closer value corporate welfare for outsourcing jobs eliminate the Consumer Financial Protection than ever to the parity they deserve in federal over helping the next generation of workers af- Bureau’s (CFPB) funding source, and cut pen- healthcare programs. ford college. And they value oil and gas com- sion contributions to federal workers. Mr. LANGEVIN. Mr. Speaker, today’s de- panies over ensuring that our most vulnerable I stand with our nation’s servicemembers bate is about priorities. The Republican rec- citizens, including seniors and children, have and am committed to making sure that they onciliation bill provides a stark contrast be- access to important nutrition and healthcare have the tools and resources necessary to tween the measures Democrats know are nec- programs, plain and simple. protect America from any and all threats. essary to get our fiscal house in order—cre- As a Member of the Committee on Ways However, support for our nation’s heroes ating jobs and encouraging investments, and and Means, I fought against that committee’s should not and cannot come at a cost to those that Republicans covet—tax cuts for unfair reconciliation legislation that inordinately America’s most vulnerable. We can find a bet- special interests and giveaways for million- placed the burden of increased defense ter way to balance our priorities, protect those aires. spending and tax cuts for the very wealthy on in need, and honor our servicemen and It is high time we get serious about our fis- seniors, the disabled and middle class fami- women. cal situation, and I, like most Americans, am lies. I call on Members on both sides of the aisle prepared to make sacrifices to put us on a Instead of asking the wealthiest amongst us to join me in finding a better way to reduce sustainable path. to pay just a small fraction of their income our deficit while protecting children, the needy, But this reconciliation bill sends our country more, the majority’s legislation squeezes it out and America’s men and women in uniform and in the wrong direction—reducing benefits for of the 14.5% of U.S. children living in poverty vote against this legislation. our children, elderly, and most vulnerable to in New Jersey. This bill will snatch $1,800 Mr. BURTON of Indiana. Mr. Speaker. I rise pay for tax cuts to millionaires and subsidies from the pockets of a family earning $21,000 today to express my strong support in favor of for oil and gas companies. Under the Repub- a year. Instead of cutting back on oil and gas the H.R. 5652, the Sequester Replacement lican plan, 22 million families could see their subsidies for companies like Exxon, which Act of 2012. This legislation reflects the sup- food and nutrition assistance cut, and up to made an almost $10 billion profit last quarter, port I have for the Republican Budget and the 300,000 children could lose both their health this bill cuts $47 billion in tax credits for middle principles I have stood for during my almost coverage and their school lunch program. class families could to purchase health insur- thirty years in this House, a return to fiscal Jeopardizing struggling families is not the way ance. sanity and responsibility. This legislation also to get your country back on track. In short, the majority’s choice is to cut $75 makes certain that the brave men and women I see the importance of these programs to billion from programs that directly benefit sen- in our Armed Forces will have the resources my constituents every day. There are thou- iors, the middle class and poor, in order to to protect this Nation from the many threats sands of hard working Rhode Islanders who protect special interests and millionaires. we face in an uncertain world. still can’t make ends meet, who need a little We must fight back against the Tea Party However, I do have one concern. During my help so their kids don’t go to bed hungry or assault on the middle class, women, children, tenure here I have been an advocate for equal sleep in a cold house. The economic downturn and the poor, and I ask my colleagues to vote treatment for our fellow Americans in Puerto has been a trying time for everyone, and all of no on this legislation. Rico, who have defended this Nation in record us have a family member or a friend who has Mr. DAVIS of Illinois. Mr. Speaker, I reso- numbers in every military conflict since U.S. been forced to ask for help at one time or an- lutely oppose H.R. 5652, the Sequester Re- citizenship was conferred on them in 1917. other. yet Republicans are trying to pull away placement Act of 2012. As our nation strug- Puerto Ricans take pride in their American citi- the helping hand the government offers to gles to emerge from one of its worst economic zenship and our Nation should be grateful for those who are living on the edge. crises, I am profoundly disappointed with the their service. At a time when we ought to be investing in Republican Leadership for offering legislation My dear friend and former colleague, Gov- our future, the Republican budget offers short- that would harm tens of millions of Americans ernor Luis Fortuno, was recently able to ac- sighted measures that will irreparably short- to deliver a windfall of additional wealth to al- complish what other Puerto Rican Governors change our most critical national investments. ready-privileged individuals and companies. have tried to do for decades in lessening the With unemployment at 11.1 percent in my Such overt protection for the wealthiest and disparities between the funding of federal home state of Rhode Island, my number one most secure at the expense of the most vul- healthcare programs in the territories and the priority is spurring job growth and develop- nerable represents an affront to American val- states. Through his hard work, persistence ment. Unfortunately, this Republican budget, ues and blatant disregard of a policymaker’s and dedication, Governor Fortuno was able to which gives away $3 trillion in tax breaks to responsibility to protect our nation’s citizens. obtain an increase in Medicaid funding for the corporations and the super-wealthy, will do Robbing the poor, children, elderly, and ill to US territories that reduces the gap. Unfortu- just the opposite. further balloon the wealth of the most affluent nately, the available legislative vehicle in Democrats are offering a fair and balanced in our country is deplorable. which this could be accomplished was approach that keeps the promises made to The Sequester Replacement Act of 2012 Obamacare, which I have been a staunch op- our seniors, preserves our social safety net, clearly demonstrates the fundamental dis- ponent of for a whole host of reasons that and maintains investments in our economic agreement between parties at present. The have nothing to do with Medicaid in Puerto security. With key recommendations of the bi- Democratic lawmakers believe that the federal Rico. I am, as a result, troubled that we have partisan Simpson-Bowles and Domenici-Rivlin government has the responsibility to help it included the repeal of the expansion of Med- budget commissions as a guide, it addresses citizens during times of struggle and economic icaid for Puerto Rico and the other territories both sides of the ledger—through strategic hardship. To achieve this support and revi- in H.R. 4966. I believe there are other ways to spending cuts and revenues. There is simply talize our nation, the Democrats maintain that cut spending that do not contribute to the per- no other way to equitably address our fiscal shared responsibility among the wealthy and ception that Puerto Ricans are less deserving challenges. the middle class, defense and non-defense ini- U.S. citizens than residents of the states. Mr. Speaker, the Republican budget is not tiatives, and spending cuts and revenues are I want to assure our fellow citizens in Puerto what the American public wants, it is not what necessary. Strengthening our national and in- Rico that the action we take today is just a Rhode Islanders need, and it is not what our dividual economic well-being requires balance. step in what promises to be a long budget ne- future generations deserve. I urge my col- In contrast, the Republican Leadership asserts gotiation. As we continue to move forward to leagues to reject it. that the responsibility for helping the poor or repeal Obamacare, I know I am not alone Mr. PASCRELL. Mr. Speaker, I believe that vulnerable falls to individual charity and the among my Republican colleagues in the belief our Vice President, JOE BIDEN was correct path to economic revitalization is to eviscerate that we should adequately fund federal when he said, ‘‘Don’t tell me what you value, federal services that support the poor, elderly, healthcare programs in Puerto Rico and the show me your budget, and I’ll tell you what children, and ill to deliver billions of dollars in other US territories. As we continue to work you value’’. Well Mr. Speaker, we have seen financial assistance to the wealthiest individ- this year to reach an agreement on the budget the Tea Party budget, and we sure know what uals, oil companies, and businesses that ship with the Senate, I am hopeful that the principle their values are. jobs overseas.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 9920 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6613 There are multiple provisions within the Re- the most vulnerable of our citizens to support on millions of low-income families who rely on publican Sequestration bill that exemplify the a privileged lifestyle for the most secure. At a the program just to get by. approach of giving massive tax breaks to the time in our history where more than one in five The bill also proposes to end the Prevention wealthiest while slashing vital services to the children currently lives in poverty and tens of and Public Health Fund. Since the Affordable vulnerable. millions of citizens struggle with unemploy- Care Act was passed in 2010, the Department Take the elimination of the Social Services ment, underemployment, and foreclosure, I of Health and Human Services has awarded Block Grant, which provides critical support for cannot support such a vision that would un- more than $90.6 million in Prevention Fund child care, child welfare, and elderly services. dermine the well-being of millions of Ameri- grants to my home state of California. These Nearly all SSBG funds serve the needs of vul- cans. We must pursue a balanced approach grants are used to combat obesity, tobacco nerable adults, children and disabled. Termi- to strengthening our nation’s and our citizens’ use, unhealthy nutrition practices, and to fund nating the program will affect approximately 23 economic well-being, asking all to share in the other programs that promote good health. If million people, half of them children. Cutting sacrifice. the Republican sequestration replacement SSBG means the 1.7 million seniors would Ms. RICHARDSON. Mr. Speaker, I rise were to become law, these essential programs lose ‘‘Meals on Wheels’’ and other home- today in strong opposition to H.R. 5652, ‘‘Se- will have to be scaled back or cut entirely. based services. Eliminating SSBG means that quester Replacement Reconciliation Act of Mr. Speaker, we need get our fiscal house 1.7 million children likely lose access to pro- 2012,’’ which slashes $238 billion over 10 in order but I will not vote to balance the tective services, 451,000 children would be years and cancels the discretionary sequestra- budget on the backs of the poor, the vulner- denied foster care, and 640,000 children likely tion scheduled for 2013 to exempt defense able, or the middle class. lose child abuse prevention services. Stopping spending from the cuts agreed upon by the My Democratic colleagues and I supported SSBG means that 4.4 million children would Republican majority in the Budget Control Act a balanced approach to the current fiscal chal- lose child care and related assistance—a loss of 2011. This bill is unfair to children, seniors, lenge that preserves Medicare. House Repub- that is especially egregious when 22 states re- women, and working families. This abomina- licans favor ending Medicare as we know it, ported considerable wait-lists for child care as- tion is unworthy of a civilized nation. Little along with gutting the Children’s Health Insur- sistance in 2011. wonder that so many faith-based and leading ance Program and the Child Tax Credit. The Republican approach is unfair, unwise, Slashing $36 billion to the food assistance national organizations, from the U.S. Con- and short-sighted. For example, childhood im- program for the poor would reduce aid to 47 ference of Catholic Bishops to the National million Americans, terminate benefits for ap- munizations are among the most cost effective Education Association oppose this bill. I stand preventative health measures available. On proximately 2 million low-income individuals, with them in strong opposition to this assault and revoke the automatic eligibility for free average each dollar invested in children’s im- on working and middle class families. munization saves $16.50 in medical and soci- school meals for nearly 300,000 low-income My Democratic colleagues and I agree that etal costs down the road. Given the persistent children. In my Congressional District alone, the scheduled sequester, with its indiscrimi- there are 40,784 households receiving bene- rise in the cost of treating serious health prob- nate, across-the-board cuts, should be re- lems it makes absolutely no sense to cut pro- fits—with 49.2% of these families having chil- placed with a balanced deficit reduction pack- dren under 18 and 30.9% having one or more grams that will lead to substantial cost reduc- age that includes both spending cuts and ad- people over the age of 60. These families al- tions in the future. ditional revenues. Republicans disagree and ready are bearing the brunt of our economic Mr. Speaker, this bill would leave our most would let the burden and cost of deficit reduc- hardship. They cannot sustain further cuts to vulnerable citizens exposed and unprotected. I tion fall on the shoulders of children, seniors, their food aid. cannot and will not support legislation that in- Repealing the Medicaid and CHIP mainte- working families, and the middle class rather flicts such grave hardship on the most vulner- nance-of-effort requirements directly threatens than close even one special interest tax loop- able of our citizens while asking nothing of the health coverage of millions of pregnant hole or ask any sacrifice of the truly wealthy. those who benefited most from the reckless women, infants and children. Medicaid fi- This bill makes cuts to critical safety-net economic policies of the previous administra- nances about 41% of births each year, serving programs that millions of people rely on, all tion. as THE source of health care for 1 out of 4 while returning to policies that sparked the re- We cannot have a serious conversation children in our country—especially children cession in the first place. They are choosing about getting our budget under control when with special healthcare needs. Removing the the wrong programs to cut in order to reduce House Republicans are taking large items like maintenance-of-effort protections of coverage the deficit. Let me highlight a few examples to revenue and defense off the table, all while re- would increase the number of uninsured chil- illustrate just how extreme and unfair this leg- pealing programs like the Social Services dren by at least 300,000 in 2015, as estimated islation is. Block Grant. This unique grant allows states to by the Congressional Budget Office. Mr. Speaker, H.R. 5652 makes cuts in the help their citizens become more self-sufficient Eliminating the Prevention and Public Health Supplemental Nutrition Assistance Program by providing child care, preventing and ad- Fund further jeopardizes the health and well- (SNAP), the program formerly known as food dressing child abuse, and supporting care for being of women and children. Specifically, loss stamps) that would result in reducing benefits the elderly and disabled. Slashing the Social of the Prevention Fund means about 2.2 mil- for all 46 million SNAP participants—one mil- Services Block Grant program in an effort to lion fewer childhood vaccinations to prevent lion of whom live in Los Angeles County—and avoid the defense cuts reflects poorly upon childhood diseases, 326,000 fewer breast can- terminate assistance for at least two million. those who propose to do so. cer screenings, and 284,000 fewer cervical Low-income households who do not lose ben- Mr. Speaker, if House Republicans are un- cancer screenings. Cutting the Prevention efits altogether will face monthly reductions of willing to abide the agreement they made just Fund means stopping tobacco cessation and $50, $60, or even $90 a month. In 2010, last year, how can they be trusted to keep obesity prevention programs. I have been a SNAP kept 4.4 million people from being poor, faith with promises made to seniors, children, strong proponent of prevention my entire adult 1 million of whom were lifted out of poverty the poor and weak, that bind us together as a life given its proven ability to improve the qual- just from the increase in SNAP benefits that nation? ity of life for citizens with minimal financial in- began in 2009. What we need right now is for responsible vestment. Indeed, proven community-based You cannot make a nation’s economy leaders to work together to come to an agree- prevention programs yield an estimated return healthy by impoverishing its people. ment on a balanced long-term approach to re- of $5.60 for every dollar invested. Since 2010, A 9-year panel study conducted by the De- solve our fiscal challenges. As legislators, our the state of Illinois has received $31 million partment of Agriculture showed that the fed- constituents are looking to us to get on with, from the Prevention Fund. I cannot support eral food assistance program alone was re- and serious about, the work that must be done the loss of these funds. sponsible for lifting low-income persons pur- to get our fiscal house in order and make the Dramatically reducing the Child Tax Credit chasing power by six percent. This is a pro- needed investments that will grow our econ- by $7.6 billion means that more than 3 million gram that is proven to work, and yet this Re- omy and position our people to compete and children would lose the pro-family support that publican bill seeks to slash it $33.2 billion. with in an increasingly globalized world. That their low-income families need to put food on With cuts of this magnitude, eligibility for the is what they sent us here to do and they de- the tables and roofs over their heads. program will have to be scaled back dramati- serve no less. The Republican reconciliation bill offers an cally, and benefits will be cut deeply for those Mr. Speaker, my constituents did not send unacceptable vision for our nation that calls on who still qualify. This will have serious effects me to Congress to make the wrong choice for

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 9920 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6614 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 our nation. That is why I cannot support the provide beneficiaries with essential health seniors and allow our infrastructure to crumble legislation before us. It places the burden for services. Prior to this funding increase, the ter- beneath our feet so that bloated defense con- the nation’s financial crisis squarely on the ritory governments could not afford to provide tractors can keep getting contracts. shoulders of the middle class and the poor, many basic services or to cover many of their The priorities on display in this bill are clear while failing to ask anything of those most neediest residents under Medicaid. Every and shameful. Once again, the Republicans able to contribute toward economic recovery. penny of this money will be used. put millionaires and billionaires, subsidies for For these reasons, I stand in strong opposi- H.R. 5652 cuts funding that would merely big oil and gas, and bloated Pentagon spend- tion to H.R. 5652, the Sequester Replacement narrow the inequality gap between the states ing above everyone and everything else. Reconciliation Act of 2012, and urge my col- and the territories. It still would not come close As co-chair of the Out of Poverty caucus, I leagues to join me in rejecting this radical and to eliminating it. urge my colleagues to reject this attack on our dangerous proposal. It is important to remember that residents of most vulnerable. Mr. MARKEY. Mr. Speaker, I rise in strong the territories are Americans who, if they are Mr. STARK. Mr. Speaker, the legislation we opposition to H.R. 5652, the Sequester Re- not receiving adequate health care, can relo- are considering today is quite possibly the placement Reconciliation Act of 2012. cate to the states and become eligible for moral low-point of this House Republican Ma- As the Ranking Democrat on the House fully-funded Medicaid whenever they wish. jority. Not only does it negate a law that was Natural Resources Committee, which has ju- Thus, treating territory residents like second- agreed to just last year to cut the deficit, it risdiction over the various insular territories of class citizens under Medicaid is extraordinarily makes unconscionable cuts to safety net pro- the United States, I wish to call the attention short-sighted. grams that help to feed hungry children and of my colleagues to the adverse impact of this It is also important to remember that resi- seniors and to protect them from abuse. It bill on the 4.1 million Americans who live on dents of the territories serve in dispropor- could also cause 14 million children to lose the five U.S. territories—Puerto Rico, the Vir- tionate numbers in the U.S. military. Residents health insurance due to massive cuts to Med- gin Islands, Guam, American Samoa, and the of the territories have made tens of thousands icaid and the Children’s Health Insurance Pro- Northern Marianas Islands. of deployments to Iraq, Afghanistan and the gram (CHIP). Of all the cuts being proposed by this bill Horn of Africa since 2001, and nearly 170 Republican leaders are claiming that this today, perhaps none is as cynical, thoughtless service members from the territories have lost legislation is needed to reduce the deficit. That and irresponsible as the Republican proposal their lives. is false. The reality is that we are voting today to repeal Section 1204 of the Health Care and The Republicans should explain to the hun- to protect the bloated defense budget and tax Education Reconciliation Act of 2010, which fi- dreds of thousands of soldiers and veterans breaks for millionaires. nally mitigated the profoundly unjust treatment from the territories why they are ‘‘American The choice before us could not be clearer: that these Americans in the five U.S. territories enough’’ to defend our country in combat, but will you stand with families, children, and sen- have always been subject to under the Med- somehow not ‘‘American enough’’ to receive a iors? Or will you stand with special interests? icaid program. modicum of fair treatment under critical health Do you believe America should be a nation If this proposal is enacted, it would cut total care programs. that cares if children have enough to eat and federal funding for Medicaid in the territories I urge my colleagues to vote against this seniors can age with dignity? Or do you be- by 65% over the next decade—a crippling mean-spirited bill. lieve our country should be run by and for the blow that would devastate the territories’ Med- Ms. LEE of California. Mr. Speaker, I rise in wealthiest among us? icaid programs and drastically restrict the abil- strong opposition to the Sequester Replace- The Sequester Replacement and Reconcili- ity of millions of Americans to receive care. ment Reconciliation Act. ation Act (H.R. 5652) is designed to prevent The territories’ Medicaid programs are al- Today, House Republican leadership is ask- the pending automatic spending cuts, or ‘‘se- ready vastly underfunded. By law, they are ing low and middle income families to sacrifice quester,’’ that Congress passed last year in supposed to receive a 50% federal funding their health care and basic services in order to the Budget Control Act. Half of the $110 billion match, but they get nowhere near it. Unlike protect bloated and wasteful Pentagon spend- in cuts under the sequester would come from the 50 states and the District of Columbia, the ing and to protect tax cuts for millionaires. the defense budget. That makes sense, as This out of touch budget to end the Medi- amount that the federal government can con- roughly half of our discretionary budget is care guarantee while giving massive tax tribute to their Medicaid programs is capped, dedicated to defense. Medicare and other vital breaks to Big Oil and the wealthiest is not a and so Puerto Rico, for example, receives less programs will also take a hit under the se- serious proposal, Mr. Speaker. quester. than a 20% match. In these difficult times for millions of strug- As an alternative to the reckless Reconcili- The 50 states and the District of Columbia, gling families, Republicans are asking that we ation Act before us today, Congress could on the other hand, receive up to an 80% vote to cut $36 billion from the food stamp come up with a balanced approach to replace match. Even the wealthiest states—which re- program and children’s health services so we the sequester while still cutting the deficit. ceive the lowest match rates—get 50%. can spend more money on cold war weapons If the federal match for each of the terri- Such an approach should include ending tax- that do nothing to improve our national secu- tories was calculated the same way they are payer subsidies for oil companies, rolling back rity. calculated for the states, each of the territories Our budget should reflect our values. We subsidies for agri-business, allowing the Bush would have Federal Medical Assistance Per- should not be balancing our budget on the tax cuts for millionaires to expire, closing tax centages, (FMAP) in the 75% to 83% range backs of the most vulnerable. loopholes that allow lawyers and lobbyists to based on their poverty levels. We do not have to make these heartless avoid paying Medicare taxes. A balanced ap- The results of this chronic underfunding by cuts that hurt our poor and struggling families proach should also include cuts to defense, the federal government are both devastating so we can spend more money to build two bringing the Afghan War to an end, and elimi- and predictable: too many patients in the terri- more nuclear submarines or buy more over nating federal programs that do not work. tories receive inadequate care and too many budget V–22 helicopters. Yet instead of trying to legislate responsibly, providers in the territories are not adequately We do not have to make choices that aban- the Republican Majority is doubling down on compensated for their services. don the needy, our seniors and the futures of their budget and bringing legislation to the Because the treatment of the territories our children. floor that only asks families, children, seniors, under Medicaid was a travesty from both a We must come together to protect people and federal workers to sacrifice. H.R. 5652 moral and public policy perspective, the Af- who are struggling, our Nation’s children and eliminates the Social Services Block Grant, fordable Care Act (ACA) sought to partially re- our elderly during economic downturns, not which funds Meals on Wheels and child abuse dress this profound inequality. It provided $6.3 make them more vulnerable. prevention programs. It continues the assault billion in additional Medicaid funding to the ter- We must protect and invest in the futures of on Health Reform by making it harder for ritories between the fourth quarter of Fiscal our most vulnerable families, not dole out working people to afford insurance. It under- Year 2011 and Fiscal Year 2019. more money to the Pentagon for outdated and mines the new Wall Street Reform law by de- The territories have already begun to use— over budget weapons programs that we don’t funding the Consumer Financial Protection and will continue to use—this new funding to need and doesn’t make America any safer. Agency. It makes devastating cuts to Food increase the number of low-income individuals We should not be shortchanging the edu- Stamps, Medicaid, and CHIP. Our nation will that can receive Medicaid coverage and to cation of our children, risk the health of our be a sicker and crueler place if this legislation

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 9920 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6615 is allowed to become law. I urge all of my col- family support services. However, the future of aires and billionaires are not asked to pay leagues to oppose this immoral and irrespon- this nation and that of our children and grand- their fair share in taxes. I urge my colleagues sible bill. children depends on our resolve to address to stand together in opposition to yet another Mr. QUIGLEY. Mr. Speaker, today the the debt crisis while making certain that our right-wing attack on programs that have a sig- House will consider the Sequester Replace- national security is protected. This is not an nificant impact on the residents of my district ment Reconciliation Act. easy vote, but it is a necessary one. and millions of ordinary Americans. I remain This bill is a broken promise. Despite my willingness to support our Lead- committed to working with my colleagues to It would eliminate the Social Service Block ership in making these tough choices, I rise to fight against fundamentally flawed bills like the Grant, which funds essential services like child express some concern over one particular pro- ‘‘Sequester Replacement Reconciliation Act of abuse prevention and Meals on Wheels. vision which would eliminate the Medicaid ex- 2012,’’ and to support a budget proposal that It would cut off food assistance for 1.8 mil- pansion in the U.S. territories. While on this creates jobs, expands health care coverage, lion Americans, and leave 100,000 children side we have all voted for the full repeal of and promotes access to affordable education. and senior citizens without health insurance, Obamacare, this provision had very little to do Mrs. MALONEY. Mr. Speaker, once again, so we can increase defense spending. with that measure. The territories provision the Republican majority is proposing legisla- We spend nearly as much on defense every was instead intended to close the gap be- tion that puts Americans directly on the Road year as the rest of the world combined. tween healthcare funding on the mainland and to Austerity. Similar to the Ryan Budget, the This includes billions maintaining a nuclear in the U.S. territories. Puerto Rico, for exam- Sequester Replacement Reconciliation Act is arsenal designed for the Cold War, and $500 ple, had previously funded 80% of its Med- noteworthy for the harsh austerity it demands million a year for military bands. icaid, while states with similar demographics of the many and the lavish benefits it extends We can protect ourselves and our allies with funded only 20%. The provision I am con- to the few. a leaner, smarter defense. cerned about helped to close that gap. Instead of closing tax loopholes or asking Yet if we make cuts like these, our military While we will continue to pursue the full re- millionaires to contribute to deficit reduction, will have little to defend. peal of Obamacare, I will continue to stand for this bill focuses only on cutting spending while We will only solve our debt crisis with a bal- the closing of that gap and for fully funding hurting millions of Americans. anced, bipartisan approach that honors our healthcare in the U.S. territories. The citizens This bill puts the burden of deficit reduction commitments. of those jurisdictions are Americans and de- squarely on the backs of seniors, the middle Mr. SENSENBRENNER. Mr. Speaker, I rise serve to be treated with equality. class, and the most vulnerable among us: today in regards to H.R. 5652, the Sequester Mr. REYES. Mr. Speaker, I rise today in op- It slashes food stamps by $33.2 billion at a Replacement Reconciliation Act of 2012. position to the ‘‘Sequester Replacement Rec- time when families can least afford it; perma- Eliminating the threat of our massive na- onciliation Act of 2012.’’ While my Democratic nently eliminates the Social Services Block tional debt must be a top priority for this Con- colleagues and I are working to stimulate the Grant program which provides assistance for gress. I am pleased that House Republicans economy and create jobs, protect and extend nearly 23 million Americans including 4.4 mil- have identified and put forward a sensible health care coverage, and promote affordable, lion children and 1.7 million older Americans plan. This reconciliation bill will forestall the high-quality education for all Americans, Tea who receive ‘‘Meals on Wheels’’; cuts invest- Budget Control Act’s sequestration cuts to de- Party Republicans have launched a radical, ments to women’s health by eliminating the fense while, at the same time, offer alternative ideological, and partisan attack on American Prevention and Public Health Fund which pro- reductions in federal spending. This measure families. The ‘‘Sequester Replacement Rec- motes maternal and child health; and politi- is a critical first step in getting our fiscal house onciliation Act’’ is yet another misguided at- cizes the funding process for the Consumer in order and doing so in a responsible man- tempt to eliminate critical support for middle- Financial Protection Bureau which was cre- ner. class Americans, seniors, veterans, and chil- ated by the Dodd-Frank law to deal with banks In addition to the number of spending re- dren in favor of Bush Administration policies that are ‘‘too big to fail.’’ forms that are included in H.R. 5652, there is that caused the recent economic recession. It Mr. Speaker, Democrats agree that we need an important reform that was proposed— is utterly and truly irresponsible to balance the deficit reduction, but demand that we do it in meaningful medical liability reform. Specifi- budget on the backs of our seniors, veterans, a balanced and fair way. The proposal before cally, H.R. 5, the Help Accessible, Efficient, children, and families. us shreds the social safety net that protects Low-cost, Timely Healthcare, which seeks to This bill is a joke. The Tea Party Repub- millions of hardworking families in an effort to ensure that the cost of frivolous litigation is not licans have proposed to reduce the deficit by protect defense cuts under sequestration and passed on to consumers in the form of higher slashing more than $300 billion dollars from makes billions of dollars in cuts beyond what health-care premiums by capping non-eco- programs on which millions of ordinary Ameri- was agreed to under the Budget Control Act nomic damages in medical liability lawsuits. cans rely. For example, this bill cuts over $33 for FY13. While I am supportive of these efforts, I cur- billion dollars in funding for nutrition programs This bill is another example of a partisan bill rently own shares in multiple corporations that that help millions of hard-working Americans that has no chance of going anywhere but that may benefit from its enactment. feed their families. I am appalled that my col- sends a message to all Americans: You are While my participation in legislative consid- leagues across the aisle are more concerned on your own. From Medicare to child protec- eration of H.R. 5652 would not appear to vio- with cutting taxes for millionaires and billion- tive services, to respite care for disabled indi- late current House Rules and established aires than supporting programs which ensure viduals, the Republican majority is cutting your precedent, as in all matters susceptible to sub- that our nation’s children have enough to eat. services while handing a neatly wrapped gift jective examination, there are no bright line In addition, this extreme, hyper-partisan bill to our Nation’s millionaires. rules to determine whether a Member should would eliminate the Social Services Block I strongly urge a ‘‘no’’ vote. recuse himself or herself in legislation that Grant program. This vital program provides Mr. SCHOCK. Mr. Speaker, the recent vote may benefit that Member in a personal or fi- much needed social services—including in support of the H.R. 5652—Sequester Re- nancial manner. While this may be a gray daycare and protective services, foster care placement Reconciliation Act was a necessary area, I do not want to raise any potential eth- and adoption services, and transportation and vote to deliver on our promise to bring an end ical questions regarding my participation in meals for elderly and disabled individuals—to to the fiscal nightmare in Washington. We this legislation. As a result, I have acted to roughly 23 million of the most vulnerable promised to restore a better future for of chil- dispel any appearance of conflict by recusing Americans. If that was not enough, this irre- dren and grandchildren and the action we re- myself from legislative consideration of H.R. sponsible piece of legislation would also slash cently took delivers on that promise. 5652 in the 112th Congress. funding for Medicaid, cut pension contributions Section 204 of H.R. 5652 reversed two Mr. YOUNG of Alaska. Mr. Speaker, I com- for federal workers, and eliminate funding for Medicaid provisions affecting the U.S. terri- mend our Leaders and Chairman RYAN for the the Consumer Financial Protection Bureau— tories—increases in both the federal match bold budget which we are going to approve an office established to protect consumers en- rate and the cap on federal Medicaid spend- today. Many of the programs targeted for cuts gaged in financial transactions. ing—created in Obamacare. While I fully sup- in the Reconciliation Package are worthwhile Our nation’s seniors, veterans, children, and port a repeal of Obamacare, I also understand initiatives that I have and will continue to sup- families should not be forced to bear the bur- the rationale for these provisions addressed a port such as childhood nutrition programs and den of fiscal austerity measures while million- disparity in the treatment of U.S. territories

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 9920 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6616 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 under Medicaid going back decades. Prior to Government Reform’s April 26, 2012, amend- and accordingly, I will waive Committee the changes, Puerto Rico paid 80 percent of ments to title 5, United States Code, to com- consideration of provisions that fall within its share of Medicaid, even though it has a ply with the reconciliation directive in- the Committee’s jurisdiction. However, cluded in section 201 of the Concurrent Reso- agreeing to waive jurisdiction over these population of almost 4 million and a poverty lution on the Budget for Fiscal Year 2013, H. amendments should not be construed as level percentage similar to the state of Mis- Con. Res. 112. waiving, reducing, or affecting the jurisdic- sissippi. Unlike the 50 states, where no U.S. I appreciate your willingness to support tion of the Committee on House Administra- state pays more than 50 percent of its share, expediting the budget reconciliation process. tion. the territories operate under a different reim- I acknowledge that the amendments contain Additionally, the Committee on House Ad- bursement formula. The adjustment in the provisions under the jurisdiction of the Com- ministration expressly reserves its authority Medicaid payments to territories helped to mittee on House Administration, and agree to seek conferees on any provision within its jurisdiction during any House-Senate con- close this gap. that your willingness to waive further con- sideration of these amendments is without ference that may be convened on this, or any It is imperative for Members to recognize prejudice to your Committee’s jurisdictional similar legislation. I ask for your commit- the importance of increased Medicaid funding interest in this or similar legislation in the ment to support any request by the Com- to the territories, especially given the deep re- future. mittee for conferees on H.R. 4966 for provi- spect we share for our fellow U.S. citizens. I I will include a copy of this letter and any sions within the Committee’s jurisdiction. urge my colleagues to ensure equitable Med- response in Oversight and Government Re- I ask that a copy of this letter and your re- icaid funding to the territories as we move for- form’s transmittals to the Committee on sponse be placed in the Congressional Record Budget and request this letter and any re- during any floor consideration of H.R. 4966. ward during this necessary budgetary negotia- I look forward to working with you on tions. sponse be placed in the Congressional Record during floor consideration of these amend- matters of mutual concern. SincereIy, Mr. RYAN of Wisconson. Mr. Speaker, on ments. Thank you for your cooperation as DANIEL E. LUNGREN, behalf of myself and Chairmen LUNGREN and we work towards the resolution of the budg- ISSA, I would like to submit the following letters et reconciliation process. Chairman, Committee on House regarding H.R. 5652, the Sequester Replace- Sincerely, Administration. ment Reconciliation Act of 2012. DARRELL ISSA, HOUSE OF REPRESENTATIVES, Chairman. HOUSE OF REPRESENTATIVES, COMMITTEE ON THE BUDGET, COMMITTEE ON HOUSE ADMINISTRATION, Washington, DC, May 10, 2012. Washington, DC, May 8, 2012. HOUSE OF REPRESENTATIVES, Hon. DANIEL E. LUNGREN, Hon. DARRELL ISSA, COMMITTEE ON THE BUDGET, Chairman, Committee on House Administration, Chairman, Committee on Oversight and Govern- Washington, DC, May 10, 2012. Washington, DC. ment Reform, Washington, DC. Hon. DANIEL E. LUNGREN, DEAR CHAIRMAN LUNGREN: I write to you Hon. PAUL RYAN, Chairman, Committee on House Administration, concerning your Committee’s jurisdictional Chairman, Committee on the Budget, Wash- Washington, DC. interest in the Committee on Oversight and ington, DC. DEAR MR. CHAIRMAN: I write to you regard- Government Reform’s April 26, 2012, amend- DEAR CHAIRMEN ISSA AND RYAN: I am writ- ing your Committee’s jurisdictional interest ments to title 5, United States Code, to com- ing to you concerning the jurisdictional in- in H.R. 4966, the Sequester Replacement Act ply with the reconciliation directive in- terest of the Committee on House Adminis- of 2012. The bill, as reported from the Com- cluded in section 201 of the Concurrent Reso- tration on the Committee on Oversight and mittee on the Budget on May 7, 2012, con- lution on the Budget for Fiscal Year 2013, H. Government Reform’s April 26, 2012, amend- tains provisions that fall within the jurisdic- Con. Res. 112. ments to title 5, United States Code, to com- tion of the Committee on House Administra- I appreciate your willingness to support ply with the reconciliation directive in- tion. expediting the budget reconciliation process. cluded in section 201 of the Concurrent Reso- I appreciate your willingness to support I acknowledge that the amendments contain lution on the Budget for Fiscal Year 2013, H. expediting floor consideration of this impor- provisions under the jurisdiction of the Com- Con. Res. 112. These amendments to title 5 tant legislation. I acknowledge that H.R. mittee on House Administration, and under- contain provisions that fall within the juris- 4966 contains provisions under the jurisdic- stand and agree that your willingness to dictional of the Committee on House Admin- tion of the Committee on House Administra- waive further consideration of these amend- istration. tion, and understand and agree that your ments is without prejudice to your Commit- I recognize the dictates of the budget rec- willingness to waive further consideration of tee’s jurisdictional interest in this or similar onciliation process require these amend- the bill is without prejudice to your Commit- legislation in the future. ments be brought before the House of Rep- tee’s jurisdictional interests in this or simi- I will include a copy of this letter, Over- resentatives in an expeditious manner, and lar legislation in the future. In the event a sight and Government Reform’s transmittals accordingly, I waive the Committee’s consid- House-Senate conference on this or similar to the Committee on the Budget, and any re- eration of the amendments to title 5, United legislation is convened, I would support a re- sponse from the Committee on House Admin- States Code. However, agreeing to waive ju- quest from your Committee for an appro- istration in the Congressional Record during risdiction over these amendments should not priate number of conferees. any floor consideration of these amend- be construed as waiving, reducing, or affect- I will include a copy of this letter and your ments. Thank you for your cooperation as ing the jurisdiction of the Committee on letter of May 8, 2012, which discussed this we work towards the completion of the budg- House Administration. matter, in the Congressional Record during et reconciliation process. I ask that a copy of your letters of May 3, any floor consideration of H.R. 4966. Thank Sincerely, 2012 and this response be included in the you for your cooperation as we work towards PAUL RYAN, Committee on Oversight and Government enactment of this legislation. Chairman, Committee on the Budget. Reform’s transmittals to the Committee on Sincerely, The SPEAKER pro tempore. Pursu- Budget and also be placed in the Congres- PAUL RYAN, ant to House Resolution 648, the pre- sional Record during any floor consideration Chairman, Committee on the Budget. vious question is ordered on the bill, as of these amendments. I look forward to working with you on amended. HOUSE OF REPRESENTATIVES, The question is on the engrossment matters of mutual concern. COMMITTEE ON HOUSE ADMINISTRATION, Sincerely, Washington, DC, May 8, 2012. and third reading of the bill. DANIEL E. LUNGREN, Hon. PAUL RYAN, The bill was ordered to be engrossed Chairman, Committee on House Chairman, Committee on the Budget, Wash- and read a third time, and was read the Administration. ington, DC. third time. DEAR CHAIRMAN RYAN: I write to you con- MOTION TO RECOMMIT HOUSE OF REPRESENTATIVES, COM- cerning the jurisdictional interest of the Mr. LOEBSACK. Mr. Speaker, I have MITTEE ON OVERSIGHT AND GOV- Committee on House Administration in H.R. a motion to recommit at the desk. ERNMENT REFORM, 4966, the Sequester Replacement Act of 2012. The SPEAKER pro tempore. Is the Washington, DC, May 3, 2012. The bill, as reported from the Committee on gentleman opposed to the bill? Hon. DANIEL E. LUNGREN, the Budget on May 7, 2012, contains provi- Chairman, Committee on House Administration, sions that fall within the jurisdiction of the Mr. LOEBSACK. I am opposed in its Washington, DC. Committee on House Administration. current form. DEAR CHAIRMAN LUNGREN: I write to you I recognize and appreciate your desire to The SPEAKER pro tempore. The concerning your Committee’s jurisdictional bring this legislation before the House of Clerk will report the motion to recom- interest in the Committee on Oversight and Representatives in an expeditious manner, mit.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6617 The Clerk read as follows: (B) by inserting after subparagraph (A) the The SPEAKER pro tempore. Is there Mr. Loebsack moves to recommit the bill following: objection to the request of the gen- H.R. 5652 to the Committee on the Budget ‘‘(B) Notwithstanding any other provision tleman from Iowa? with instructions to report the same back to of this paragraph, the applicable percentage Mr. RYAN of Wisconsin. Mr. Speaker, the House forthwith with the following under this subsection shall, for purposes of I object. amendment: computing an amount with respect to a At the end of title V, add the following: Member (other than an individual who is a The SPEAKER pro tempore. Objec- SEC. 504. PROHIBITION ON TAXPAYER-FUNDED revised annuity employee by virtue of be- tion is heard. PENSIONS FOR MEMBERS OF CON- coming a Member after December 31, 2012)— The Clerk will continue to read. GRESS WHO BECOME HIGHLY-PAID ‘‘(i) for a period in calendar year 2013, be The Clerk continued to read. LOBBYISTS. equal to the applicable percentage under this Mr. RYAN of Wisconsin (during the (a) IN GENERAL.—Any former Member of paragraph for calendar year 2012, plus an ad- reading). Mr. Speaker, I ask unanimous Congress who is registered as a lobbyist, and ditional 2.5 percentage points; consent that further reading be dis- whose annual income from lobbying activi- ‘‘(ii) for a period in calendar year 2014, 2015, ties exceeds $1,000,000, shall not be eligible to pensed with. 2016, or 2017, be equal to the applicable per- The SPEAKER pro tempore. Is there receive benefits under either the Civil Serv- centage under this paragraph for the pre- ice Retirement System or the Federal Em- ceding calendar year (as determined under objection to the request of the gen- ployees’ Retirement System for the period of clause (i) or this clause, as the case maybe), tleman from Wisconsin? time during which such former Member is plus an additional 1.5 percentage points; and There was no objection. employed as such a lobbyist and receiving ‘‘(iii) for a period in any calendar year The SPEAKER pro tempore. Pursu- from lobbying activities an annual income after 2017, be equal to the applicable percent- ant to the rule, the gentleman from that exceeds $1,000,000. age under this paragraph for calendar year (b) DEFINITION.—For purposes of this sec- Iowa is recognized for 5 minutes in sup- 2017 (as determined under clause (ii)).’’; and tion, the term ‘‘former Member of Congress’’ port of his motion. (C) in subparagraph (C) (as so redesignated means an individual who becomes a former PARLIAMENTARY INQUIRY by subparagraph (A)), in the line relating to Member of Congress after the date of the en- a Member, by striking ‘‘9.3’’ and inserting Mr. LOEBSACK. Mr. Speaker, I have actment of this Act. ‘‘12’’. a parliamentary inquiry. SEC. 505. ENSURING THAT MEMBERS OF CON- (2) GOVERNMENT CONTRIBUTIONS.—Section The SPEAKER pro tempore. The gen- GRESS PAY THEIR FAIR SHARE FOR RETIREMENT BENEFITS. 8423(a)(2) of title 5, United States Code, is tleman will state the inquiry. (a) CIVIL SERVICE RETIREMENT SYSTEM.— amended— Mr. LOEBSACK. Mr. Speaker, is it (1) INDIVIDUAL CONTRIBUTIONS.—Section (A) by striking ‘‘(2)’’ and inserting not the case that if my final amend- 8334(c) of title 5, United States Code, is ‘‘(2)(A)’’; and ment is adopted, the underlying bill is amended— (B) by adding at the end the following: amended and we immediately vote on (A) by striking ‘‘(c) Each’’ and inserting ‘‘(B)(i) Subject to clauses (ii) and (iii), for purposes of any period in any year beginning final passage of the bill, as amended? ‘‘(c)(1) Each’’; and The SPEAKER pro tempore. If a mo- (B) by adding at the end the following: after December 31, 2012, the normal-cost per- ‘‘(2) Notwithstanding any other provision centage under this subsection for Members tion to recommit with forthwith in- of this subsection, the applicable percentage shall be determined and applied as if section structions is adopted, the amendment of basic pay under this subsection shall, for 505(b)(1)(B) of the Sequester Replacement is reported by the chair of the com- purposes of computing an amount with re- Reconciliation Act of 2012 had not been en- mittee and is immediately before the spect to a Member for Member service— acted. House. ‘‘(A) for a period in calendar year 2013, be ‘‘(ii) Any contributions under this sub- Mr. LOEBSACK. Thank you, Mr. equal to the applicable percentage under this section with respect to Members in excess of Speaker. subsection for calendar year 2012, plus an ad- the amounts which (but for clause (i)) would Mr. Speaker, while I oppose the un- ditional 2.5 percentage points; otherwise have been payable shall be applied ‘‘(B) for a period in calendar year 2014, 2015, toward reducing the unfunded liability of the derlying bill, I am offering this amend- 2016, or 2017, be equal to the applicable per- Civil Service Retirement System. ment to prohibit former Members of centage under this subsection for the pre- ‘‘(iii) After the unfunded liability of the Congress who cash in to become mil- ceding calendar year (as determined under Civil Service Retirement System has been lion-dollar lobbyists from collecting subparagraph (A) or this subparagraph, as eliminated, as determined by the Office, their pensions. My amendment also the case may be), plus an additional 1.5 per- Government contributions under this sub- stops Members of Congress from get- centage points; and section shall be determined and made dis- ting a better deal than everyone else ‘‘(C) for a period in any calendar year after regarding this subparagraph.’’. by asking them to contribute the same 2017, be equal to the applicable percent age SEC. 506. ANNUITY SUPPLEMENT TERMINATION amount to their pensions as other Fed- under this subsection for calendar year 2017 APPLICABLE TO MEMBERS OF CON- (as determined under subparagraph (B)).’’. GRESS ONLY. eral employees. (2) GOVERNMENT CONTRIBUTIONS.—Section Section 8421(a) of title 5, United States We all know that Americans’ faith in 8334(a)(1)(B) of title 5, United States Code, is Code, is amended— their government has been severely amended— (1) in paragraph (1), by striking ‘‘paragraph damaged. If Congress does not take ac- (A) in clause (i), by striking ‘‘Except as (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; tion to stop the revolving door between provided in clause (ii),’’ and inserting ‘‘Ex- (2) in paragraph (2), by striking ‘‘paragraph Capitol Hill and Washington lobby cept as provided in clause (ii) or (iii),’’; and (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; firms, there is little chance that that (B) by adding at the end the following: and faith can be restored. It is time we ‘‘(iii) In the case of a Member, the amount (3) by adding at the end the following: take action and put a stop to these to be contributed under clause (i) shall, with ‘‘(4) No annuity supplement under this sec- respect to a period in any year beginning tion shall be payable in the case of any indi- practices. after December 31, 2012, be equal to— vidual who, after December 31, 2012, first be- Members of Congress who choose to ‘‘(I) the amount which would otherwise comes subject to this chapter by virtue of take this route, especially those mak- apply under clause (i) with respect to such being a Member.’’. ing exorbitant salaries as millionaire period, reduced by lobbyists, should forego their pensions. ‘‘(II) the amount by which, with respect to SEC. 507. EXCLUSION OF MEMBERS OF CON- GRESS FROM PROVISIONS ALLOW- such period, the withholding under subpara- It’s that simple. It is patently ridicu- ING CONTRIBUTIONS TO THRIFT lous that these Members are finding a graph (A) exceeds the amount which would SAVINGS FUND OF PAYMENTS FOR otherwise have been withheld from the basic ACCRUED OR ACCUMULATED LEAVE. way to have their cake and eat it, too. pay of the Member involved under subpara- Notwithstanding any other provision of It is just another example of special graph (A) based on the percentage applicable this title, nothing in section 503 or any Washington privileges for out-of-touch under subsection (c) for calendar year 2012.’’. amendment made by section 503 shall apply elites, privileges that I have promised (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- with respect to a Member (within the mean- not to take and that should be ended. TEM.— ing of section 8331 or 8401 of title 5, United I have vowed never to use my public (1) INDIVIDUAL CONTRIBUTIONS.—Section States Code). 8422(a)(3) of title 5, United States Code, is service for personal gain to become a amended— Mr. LOEBSACK (during the reading). lobbyist. I first ran for office because, (A) by redesignating subparagraph (B) as Mr. Speaker, I ask unanimous consent having grown up in poverty, I know subparagraph (C); to dispense with the reading. that Iowa families need a strong voice

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6618 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 and an advocate who will ensure that Number one, I think this is an in- Coble Johnson, E. B. Polis their voices are heard over the voices triguing policy with respect to denying Cohen Jones Price (NC) Connolly (VA) Kaptur Quigley of the special interests who dominate pensions to the Members who become Conyers Keating Rahall Washington. lobbyists. I think the gentleman should Cooper Kildee Rangel I came here for one reason: to serve introduce legislation and send it to Costa Kind Reyes the people of Iowa. I go back to Iowa committee, like the legislation should Costello Kissell Richardson Courtney Kucinich Richmond every weekend and visit with my con- be passed, and we should give it proper Critz Langevin Ross (AR) stituents so that I know what’s on review instead of springing it at the Crowley Larsen (WA) Rothman (NJ) their minds and what they want to last minute. Cuellar Larson (CT) Roybal-Allard Cummings Lee (CA) happen here in Washington. The second point I would make is on Ruppersberger Davis (CA) Levin Ryan (OH) Sadly, some people come to Wash- an area where we completely agree, Davis (IL) Lewis (GA) Sa´ nchez, Linda ington to cash in, and I think we can which is that Members of Congress DeFazio Lipinski T. all agree that this is unacceptable. I DeLauro Loebsack Sanchez, Loretta should bear an even higher burden than Deutch Lofgren, Zoe believe that former Members of Con- we’re asking of other Federal employ- Sarbanes Dicks Lowey Schakowsky gress who become millionaire lobbyists ees. This bill does that. The underlying Dingell Luja´ n Schiff should never be able to collect their bill does that. The underlying bill says: Doggett Lynch Schrader Doyle Maloney Schwartz pensions. It’s that simple. In addition to Federal employees Edwards Markey My final amendment would make Scott (VA) going from paying .8 percent to their Engel Matheson Scott, David sure that millionaire lobbyists aren’t pensions, they go to 5.8 percent from Eshoo Matsui Serrano using their status as former Members their paychecks to contribute to their Farr McCarthy (NY) Sewell Fattah McCollum Sherman to line their pockets at the expense of pensions so that they pay half of their Frank (MA) McDermott Smith (WA) middle class Americans. Garamendi McGovern pension benefits as is required through Speier Gonzalez McIntyre In these tough economic times, we most private sector arrangements. Stark Green, Al McNerney have had to make difficult choices in Sutton Members of Congress will pay 9.8 per- Green, Gene Michaud order to improve our Nation’s fiscal cent to their pensions under this bill. Grijalva Miller (NC) Thompson (CA) status. While I might not like all the Gutierrez Miller, George Thompson (MS) This bill has an 8.5 percent pay cut to Tierney cuts that have been made or are being Members of Congress, and it only has a Hahn Moore Hanabusa Moran Tonko proposed, I know that we need to be on 5 percent pay cut to all other Federal Hastings (FL) Murphy (CT) Towns better footing if our economy is to re- employees. Higgins Nadler Tsongas cover. So we are already incorporating the Himes Neal Van Hollen Hinchey Olver Vela´ zquez b 1340 idea, which we agree with. Members of Hinojosa Owens Visclosky Congress, in order to exercise moral Hirono Pallone Walz (MN) The unemployment rate remains far authority, are the ones who should Hochul Pascrell Wasserman too high, and we need to get the econ- take the biggest pay cuts and have the Holden Pastor (AZ) Schultz Holt Pelosi Waters omy moving again and get people back biggest pension contributions relative to work. Americans need jobs. That is Honda Perlmutter Welch to anybody else. That’s why we have it Israel Peters Wilson (FL) my number one priority here in Con- in this bill already. While I understand Jackson Lee Peterson Woolsey gress, and it is something I think about the gentleman’s interest—I appreciate (TX) Pingree (ME) Yarmuth each and every day. it—it is something that we are already With all of the sacrifices that Iowa NAYS—232 accommodating in this bill. As a re- Adams Crawford Guthrie families are making as a result of the sult, I would urge a ‘‘no’’ vote. economic downturn and as a result of Aderholt Crenshaw Hall With that, I yield back the balance of Akin Culberson Hanna all of the cuts that are affecting their my time. Alexander Davis (KY) Harper communities, Members of Congress Amash DeGette Harris The SPEAKER pro tempore. Without also need to find ways to tighten their Amodei Denham Hartzler objection, the previous question is or- Austria Dent Hastings (WA) belts. Maintaining special benefits for dered on the motion to recommit. Bachmann DesJarlais Hayworth Members of Congress at a time like Bachus Diaz-Balart Heck There was no objection. this is both intolerable and inex- Barletta Dold Hensarling The SPEAKER pro tempore. The plicable. That is why my final amend- Bartlett Dreier Herger question is on the motion to recommit. Barton (TX) Duffy Herrera Beutler ment would also increase the contribu- The question was taken; and the Bass (NH) Duncan (TN) Huelskamp tions that Members of Congress make Benishek Ellison Huizenga (MI) Speaker pro tempore announced that to their pensions by the same amount Berg Ellmers Hultgren the noes appeared to have it. Biggert Emerson Hunter that the underlying bill increases them Mr. LOEBSACK. Mr. Speaker, on Bilbray Farenthold Hurt for Federal employees. Bilirakis Fincher Issa that I demand the yeas and nays. This is the final amendment to the Bishop (UT) Fitzpatrick Jenkins bill. It will not kill the bill or send it The yeas and nays were ordered. Black Flake Johnson (IL) The SPEAKER pro tempore. Pursu- Blackburn Fleischmann Johnson (OH) back to committee. If adopted, the bill, Bonner Fleming Johnson, Sam as amended, would be immediately ant to clause 9 of rule XX, the Chair Bono Mack Forbes Jordan voted upon. I urge my colleagues on will reduce to 5 minutes the minimum Boustany Fortenberry Kelly Brady (TX) Foxx King (IA) both sides of the aisle to join me in time for any electronic vote on the question of passage. Brooks Franks (AZ) King (NY) putting the interests of the American Buchanan Frelinghuysen Kingston people before those of the lobbyists and The vote was taken by electronic de- Bucshon Gallegly Kinzinger (IL) special interest groups by supporting vice, and there were—yeas 170, nays Buerkle Gardner Kline 232, answered ‘‘present’’ 11, not voting Burton (IN) Garrett Labrador my amendment. Calvert Gerlach Lamborn I yield back the balance of my time. 18, as follows: Camp Gibbs Lance Mr. RYAN of Wisconsin. Mr. Speaker, [Roll No. 246] Campbell Gibson Landry Canseco Gingrey (GA) Lankford I rise in opposition to the motion. YEAS—170 Cantor Gohmert Latham The SPEAKER pro tempore. The gen- Ackerman Bishop (NY) Carnahan Capito Goodlatte LaTourette tleman is recognized for 5 minutes. Altmire Blumenauer Carney Cardoza Gosar Latta Andrews Bonamici Carson (IN) Carter Gowdy Lewis (CA) Mr. RYAN of Wisconsin. Mr. Speaker, Baca Boren Castor (FL) Cassidy Granger LoBiondo I appreciate the gentleman for bringing Baldwin Boswell Chandler Chabot Graves (GA) Long this to our attention. We just received Barrow Brady (PA) Chu Chaffetz Graves (MO) Lucas the legislation about 3 or 4 minutes Bass (CA) Braley (IA) Cicilline Coffman (CO) Griffin (AR) Luetkemeyer Becerra Butterfield Clarke (MI) Cole Griffith (VA) Lummis ago, and there are a couple of observa- Berkley Capps Clay Conaway Grimm Lungren, Daniel tions I want to make. Bishop (GA) Capuano Clyburn Cravaack Guinta E.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6619 Manzullo Posey Shuster The SPEAKER pro tempore. The Womack Yoder Young (FL) Marchant Price (GA) Simpson Woodall Young (AK) Young (IN) Marino Quayle Smith (NE) question is on the passage of the bill. McCarthy (CA) Reed Smith (NJ) The question was taken; and the NOES—199 McCaul Rehberg Smith (TX) Speaker pro tempore announced that Ackerman Garamendi Neal McClintock Reichert Southerland the ayes appeared to have it. Altmire Gibson Olver McCotter Renacci Stearns Amash Gohmert Owens McHenry Ribble Stivers RECORDED VOTE Andrews Gonzalez Pallone McKeon Rigell Sullivan Baca Mr. VAN HOLLEN. Mr. Speaker, I de- Green, Al Pascrell McKinley Rivera Terry Baldwin Green, Gene Pastor (AZ) McMorris Roby Thompson (PA) mand a recorded vote. Barrow Grijalva Pelosi Rodgers Roe (TN) Thornberry A recorded vote was ordered. Bartlett Gutierrez Perlmutter Meehan Rogers (AL) Tiberi Bass (CA) Hahn Peters Mica Rogers (KY) Tipton The SPEAKER pro tempore. This is a Bass (NH) Hanabusa Peterson Miller (FL) Rogers (MI) Turner (NY) Becerra Hastings (FL) 5-minute vote. Pingree (ME) Miller (MI) Rokita Turner (OH) Berkley Herrera Beutler The vote was taken by electronic de- Platts Miller, Gary Rooney Upton Bishop (GA) Higgins Polis Mulvaney Ros-Lehtinen Walberg vice, and there were—ayes 218, noes 199, Bishop (NY) Himes Price (NC) Murphy (PA) Roskam Walden answered ‘‘present’’ 1, not voting 13, as Blumenauer Hinchey Quigley Myrick Ross (FL) Walsh (IL) follows: Bonamici Hinojosa Neugebauer Royce Webster Boren Hirono Rahall Nugent Runyan West [Roll No. 247] Boswell Hochul Rangel Nunes Ryan (WI) Westmoreland Reyes AYES—218 Brady (PA) Holden Nunnelee Scalise Whitfield Braley (IA) Holt Richardson Olson Schilling Wilson (SC) Adams Gibbs Neugebauer Brown (FL) Honda Richmond Palazzo Schmidt Wittman Aderholt Gingrey (GA) Nugent Butterfield Hoyer Ross (AR) Pearce Schock Wolf Akin Goodlatte Nunes Capps Israel Rothman (NJ) Pence Schweikert Womack Alexander Gosar Nunnelee Capuano Jackson (IL) Roybal-Allard Petri Scott (SC) Woodall Amodei Gowdy Olson Cardoza Jackson Lee Ruppersberger Pitts Scott, Austin Yoder Austria Granger Palazzo Carnahan (TX) Rush Platts Sessions Young (AK) Bachmann Graves (GA) Pearce Carney Johnson (GA) Ryan (OH) Poe (TX) Shimkus Young (FL) Bachus Graves (MO) Pence Carson (IN) Johnson (IL) Sa´ nchez, Linda Pompeo Shuler Young (IN) Barletta Griffin (AR) Petri Castor (FL) Johnson, E. B. T. Barton (TX) Griffith (VA) Chandler Jones Sanchez, Loretta ANSWERED ‘‘PRESENT’’—11 Pitts Benishek Grimm Poe (TX) Chu Kaptur Sarbanes Brown (FL) Hoyer Sensenbrenner Berg Guinta Pompeo Cicilline Keating Schakowsky Clarke (NY) Jackson (IL) Watt Biggert Guthrie Posey Clarke (MI) Kildee Schiff Cleaver Rohrabacher Waxman Bilbray Hall Price (GA) Clarke (NY) Kind Schrader Bilirakis Hanna Fudge Rush Quayle Clay Kissell Schwartz Bishop (UT) Harper Reed Cleaver Kucinich Scott (VA) NOT VOTING—18 Black Harris Clyburn Labrador Rehberg Scott, David Blackburn Hartzler Cohen Langevin Berman Flores Noem Reichert Serrano Bonner Hastings (WA) Connolly (VA) Larsen (WA) Broun (GA) Heinrich Paul Renacci Sewell Bono Mack Hayworth Conyers Larson (CT) Burgess Johnson (GA) Paulsen Ribble Sherman Boustany Heck Cooper LaTourette Donnelly (IN) Mack Sires Rigell Shuler Duncan (SC) Meeks Slaughter Brady (TX) Hensarling Costa Lee (CA) Sires Brooks Herger Rivera Costello Levin Filner Napolitano Stutzman Roby Smith (WA) Broun (GA) Huelskamp Courtney Lewis (GA) Speier Buchanan Huizenga (MI) Roe (TN) b 1406 Critz Lipinski Stark Bucshon Hultgren Rogers (AL) Crowley LoBiondo Sutton Messrs. GUTHRIE, HUNTER, Buerkle Hunter Rogers (KY) Cuellar Loebsack Thompson (CA) Burton (IN) Hurt Rogers (MI) Cummings Lofgren, Zoe BENISHEK, KINZINGER of Illinois, Thompson (MS) Calvert Issa Rohrabacher Davis (CA) Lowey HALL, WOODALL, and LAMBORN Tierney Camp Jenkins Rokita Davis (IL) Luja´ n Tonko changed their vote from ‘‘yea’’ to Campbell Johnson (OH) Rooney DeFazio Lynch ‘‘nay.’’ Canseco Johnson, Sam Ros-Lehtinen DeGette Maloney Towns Tsongas Mr. SCHRADER, Ms. BERKLEY, Ms. Cantor Jordan Roskam DeLauro Markey Capito Kelly Ross (FL) Deutch Matheson Van Hollen ´ TSONGAS, Mr. NEAL, Ms. HOCHUL, Carter King (IA) Royce Dicks Matsui Velazquez Messrs. CARSON of Indiana, RICH- Cassidy King (NY) Runyan Dingell McCarthy (NY) Visclosky MOND, and Mrs. DAVIS of California Chabot Kingston Ryan (WI) Doggett McCollum Walz (MN) Wasserman changed their vote from ‘‘nay’’ to Chaffetz Kinzinger (IL) Scalise Doyle McDermott Coble Kline Schilling Duncan (TN) McGovern Schultz ‘‘yea.’’ Coffman (CO) Lamborn Schmidt Edwards McNerney Waters Messrs. CLEAVER, JACKSON of Illi- Cole Lance Schock Ellison Meeks Watt nois, RUSH, and Ms. BROWN of Florida Conaway Landry Schweikert Engel Michaud Waxman Cravaack Lankford Welch changed their vote from ‘‘yea’’ to Scott (SC) Eshoo Miller (NC) Crawford Latham Scott, Austin Farr Miller, George Whitfield ‘‘present.’’ Crenshaw Latta Sessions Fattah Moore Wilson (FL) Ms. FUDGE, Messrs. WATT, ROHR- Culberson Lewis (CA) Shimkus Fitzpatrick Moran Wolf ABACHER, and WAXMAN changed Davis (KY) Long Shuster Frank (MA) Murphy (CT) Woolsey Denham Lucas Simpson Fudge Nadler Yarmuth their vote from ‘‘nay’’ to ‘‘present.’’ Dent Luetkemeyer Smith (NE) ANSWERED ‘‘PRESENT’’—1 So the motion to recommit was re- DesJarlais Lummis Smith (NJ) Diaz-Balart Lungren, Daniel jected. Smith (TX) Sensenbrenner Dold E. Southerland The result of the vote was announced Dreier Manzullo NOT VOTING—13 Stearns as above recorded. Duffy Marchant Stivers Berman Mack Paulsen Duncan (SC) Marino Stated for: Sullivan Burgess McIntyre Slaughter Ellmers McCarthy (CA) Donnelly (IN) Napolitano Mr. FILNER. Mr. Speaker, on rollcall 246, I Terry Stutzman Emerson McCaul Filner Noem Thompson (PA) was away from the Capitol due to prior com- Farenthold McClintock Heinrich Paul mitments to my constituents. Had I been Fincher McCotter Thornberry Tiberi ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE present, I would have voted ‘‘yea.’’ Flake McHenry Fleischmann McKeon Tipton The SPEAKER pro tempore (during Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Turner (NY) Fleming McKinley the vote). There are 2 minutes remain- day, May 10th, 2012, I was absent during roll- Flores McMorris Turner (OH) ing. call vote No. 246 in order to attend my Forbes Rodgers Upton Fortenberry Meehan Walberg b 1415 grandson’s graduation. Had I been present, I Foxx Mica Walden would have voted ‘‘yea’’ on the Motion to Re- Franks (AZ) Miller (FL) Walsh (IL) Mr. RUSH changed his vote from commit with Instructions H.R. 5652, To pro- Frelinghuysen Miller (MI) Webster ‘‘aye’’ to ‘‘no.’’ vide for reconciliation pursuant to section 201 Gallegly Miller, Gary West So the bill was passed. Gardner Mulvaney Westmoreland of the concurrent resolution on the budget for Garrett Murphy (PA) Wilson (SC) The result of the vote was announced fiscal year 2013. Gerlach Myrick Wittman as above recorded.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6620 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 A motion to reconsider was laid on PARLIAMENTARY INQUIRY tionally, this is not the last stop for the table. Mr. NADLER. Mr. Speaker, I have a this bill. When we conference with the Stated against: parliamentary inquiry. Senate, which has a higher total fund- Mr. FILNER. Mr. Speaker, on rollcall 247, I The SPEAKER pro tempore. The gen- ing level for CJS, we should have the was away from the Capitol due to prior com- tleman will state his inquiry. highest possible funding level for mitments to my constituents. Had I been Mr. NADLER. Mr. Speaker, if the VAWA from which to negotiate. present, I would have voted ‘‘no.’’ final amendment I am offering were to The amendment offsets the $20 mil- Mrs. NAPOLITANO. Mr. Speaker, on Thurs- be adopted, is it not the case that the lion increase for VAWA by cuts to ad- day, May 10, 2012, I was absent during rollcall bill will be amended and that the ministrative accounts. We have heard vote No. 247 in order to attend my grandson’s House will then proceed to final pas- from our colleagues of the need to cut graduation. Had I been present, I would have sage right away? government spending, to cut adminis- voted ‘‘no’’ on final passage of H.R. 5652, To The SPEAKER pro tempore. As the trative expenses, to prevent the types provide for reconciliation pursuant to section Chair stated earlier today, if a motion of excesses we have seen recently in 201 of the concurrent resolution on the budget to recommit with forthwith instruc- the GSA and other agencies with Las for fiscal year 2013. tions is adopted, the amendment is re- Vegas conference extravaganzas. Well, f ported by the chair of the committee now is our chance to put our money and is immediately before the House. where our mouth is and shift funding COMMERCE, JUSTICE, SCIENCE, Mr. NADLER. Thank you, Mr. Speak- from these types of administrative ex- AND RELATED AGENCIES APPRO- er. penses to preventing violence against PRIATIONS ACT, 2013 Mr. Speaker, whether it is an at- women. The SPEAKER pro tempore (Mr. tempt to deny women reproductive or This is a question of values and prior- WEST). Pursuant to clause 1(c) of rule other health services, or a refusal to ities. What kind of message do we want XIX, further consideration of the bill support efforts to achieve equal pay for to send to women across the country? (H.R. 5326) making appropriations for equal work, many women in America Do we want GSA-style wild party, ex- the Departments of Commerce and Jus- today feel under siege. Indeed, many travagant conferences or do we want to tice, Science, and Related Agencies for women across the country feel a war is safeguard the lives of women? Do we the fiscal year ending September 30, being waged upon them by policy- value women’s safety? Are we willing 2013, and for other purposes, will now makers. to make sure that we have the re- resume. Today, with this final amendment to sources needed? The Clerk read the title of the bill. the CJS Appropriations bill, Members I ask all Members today: Stand up MOTION TO RECOMMIT of the House will have a chance to say for your mothers; stand up for your Mr. NADLER. Mr. Speaker, I have a where they stand. wives; stand up for your daughters and for women everywhere. Stop the vio- motion to recommit at the desk. b 1420 The SPEAKER pro tempore. Is the lence. Pass this motion to recommit. This is the final amendment to the I now yield to the sponsor of a truly gentleman opposed to the bill? bill. It will not kill the bill or send it Mr. NADLER. I am opposed. meaningful bill to reauthorize VAWA back to committee. If adopted, the bill, based on bipartisan legislation which The SPEAKER pro tempore. The as amended, will proceed to final pas- Clerk will report the motion to recom- has already passed the Senate and a sage. former victim of domestic violence her- mit. This amendment would increase, by The Clerk read as follows: self, the gentlelady from Wisconsin $20 million, money spent on grants (Ms. MOORE). Mr. Nadler moves to recommit the bill under the Violence Against Women Ms. MOORE. Mr. Speaker, I ask my H.R. 5326 to the Committee on Appropria- Act, or VAWA. tions with instructions to report the same colleagues to please see this request back to the House forthwith with the fol- Passed in 1994, VAWA is a landmark through the eyes of a child who was as- lowing amendment: piece of legislation that has helped an saulted by a family member and comes Page 17, line 6, after the dollar amount, in- incalculable number of women and forward at school to confide in a be- sert ‘‘(reduced by $1,500,000)’’. families avoid or recover from crimes loved teacher; the woman in an iso- Page 21, line 23, after the dollar amount, of violence. Grant programs under lated rural area, where local law en- insert ‘‘(reduced by $3,000,000)’’. VAWA target domestic violence, dating forcement is under-resourced and Page 37, line 23, after the dollar amount, violence, stalking, sexual assault, and transportation or legal services may be insert ‘‘(increased by $20,500,000)’’. rape. These are crimes many women Page 38, line 18, after the dollar amount, lacking or nonexistent; the women on insert ‘‘(increased by $2,000,000)’’. know all too well. college campuses, where rates of inti- Page 39, line 11, after the dollar amount, Indeed, violence against women re- mate partner violence are among the insert ‘‘(increased by $10,000,000)’’. mains a pervasive problem and a na- highest. Please, Mr. Speaker, see this Page 39, line 17, after the dollar amount, tional tragedy. In 2008, about 1.8 mil- through the eyes of victims with dis- insert ‘‘(increased by $4,500,000)’’. lion women over the age of 12 were sub- abilities who are at high risk of abuse Page 39, line 20, after the dollar amount, jected to a crime of violence. In that and are often dependent on their abus- insert ‘‘(increased by $500,000)’’. same year, almost 3,000 women were ers for care. Page 40, line 5, after the dollar amount, in- murdered, many by someone close to sert ‘‘(increased by $2,500,000)’’. In short, this VAWA funding means Page 40, line 8, after the dollar amount, in- them. Every year, 1.3 million women that a woman—and even men—who sert ‘‘(increased by $1,000,000)’’. over the age of 18 are assaulted by inti- have been victimized can step out of Page 65, line 1, after the dollar amount, in- mate partners. We need to do more to the shadows away from their abusers sert ‘‘(reduced by $9,000,000)’’. stop this epidemic; we need to do more and get access to counseling, legal Page 70, line 6, after the first dollar for America’s women. services, or other services. And, Mr. amount, insert ‘‘(reduced by $7,000,000)’’. I want to acknowledge what I expect Speaker, every single day, for three Mr. NADLER (during the reading). the opponents of this motion may women, this VAWA funding is the dif- Mr. Speaker, I ask unanimous consent say—that funding for the VAWA grant ference between life and death. to dispense with the reading. programs in the underlying bill is a few It is so true that the CJS legislation The SPEAKER pro tempore. Is there million dollars above last year’s level before us has provided the requested objection to the request of the gen- and above the President’s request. I level of support for victims and their tleman from New York? would point out, as a response, that the families; but it’s been chronically un- There was no objection. money in this bill is hundreds of mil- derfunded since the day they opened The SPEAKER pro tempore. The gen- lions of dollars below the last author- their doors, and there are thousands of tleman from New York is recognized ized amount and $15 million below the men, women, and children who are not for 5 minutes. appropriation for fiscal year 2010. Addi- being served.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6621 Please, this is an opportunity to pro- the Brady people support it, and the DeLauro Langevin Ross (AR) vide a small increase to fill the gap be- NRA supports it. So on all of those Deutch Larsen (WA) Rothman (NJ) Dicks Larson (CT) Roybal-Allard tween available resources and the des- issues, we were above the administra- Dingell Lee (CA) Ruppersberger perate need to serve folks. We must tion. Doggett Levin Rush commit adequate resources toward I yield to the gentlewoman from Doyle Lewis (GA) Ryan (OH) Edwards Lipinski these effective, lifesaving programs. Florida. Sa´ nchez, Linda Ellison Loebsack T. And, Mr. Speaker, we must do it now. Mrs. ADAMS. I thank you, and I Engel Lofgren, Zoe Sanchez, Loretta I ask my colleagues to vote for this would again ask my colleagues on the Eshoo Lowey Sarbanes motion to recommit. other side of the aisle to quit making Farr Lynch Schakowsky Fattah Maloney Schiff Mr. NADLER. Mr. Speaker, to sum- politics with an issue so near and dear Frank (MA) Matheson Schrader marize, we can devote $20 million to Fudge Matsui to all of us. Schwartz Garamendi McCarthy (NY) Las Vegas-style conferences and ad- We are above what the President put Scott (VA) ministrative expenses or to services to Gonzalez McCollum in. Just like the chairman said, we Green, Al McDermott Scott, David prevent violence against women. have constantly been above what the Green, Gene McGovern Serrano That’s the choice. Vote ‘‘yes’’ on the President has asked for. And you, as Grijalva McNerney Sewell motion to recommit. Gutierrez Meeks Sherman well as I, know that this has become a Shuler I yield back the balance of my time. Hahn Michaud political issue when it should never Hanabusa Miller (NC) Sires Mr. WOLF. Mr. Speaker, I rise in op- have been a political issue. We can no Hastings (FL) Miller, George Smith (WA) position to the motion to recommit. longer allow politics to take control Higgins Moore Speier The SPEAKER pro tempore. The gen- over good policy. We can no longer Himes Moran Stark tleman from Virginia is recognized for Hinchey Murphy (CT) Sutton allow misrepresentation about Hinojosa Nadler Thompson (CA) 5 minutes. amounts and this and that over good Hirono Neal Thompson (MS) Mr. WOLF. You know, Mr. NADLER, policy. Hochul Olver Tierney Holden Owens you could have offered an amendment We have a bill coming to the floor. Tonko last night. We had a whole total open Holt Pallone Towns We know that we need to address this Honda Pascrell Tsongas process. And Mr. RUNYAN—where is Mr. issue, and it has been addressed even Hoyer Pastor (AZ) Van Hollen RUNYAN?—Mr. RUNYAN added money to Israel Pelosi Vela´ zquez more than the administration has Jackson (IL) Perlmutter this project, to Violence Against Visclosky asked for. So with that, I would ask Jackson Lee Peters Walz (MN) Women. (TX) Peterson that you do not—do not—approve this Wasserman Secondly, this is a bipartisan bill. motion to recommit. Johnson (GA) Pingree (ME) There’s been no political shenanigans Johnson, E. B. Polis Schultz Mr. WOLF. Mr. Speaker, I think we Waters at all. And let me tell you something— Jones Price (NC) have actually said enough. I think it is Kaptur Quigley Watt I wasn’t going to mention it; we didn’t Waxman a good bill. I want to thank again Mr. Keating Rahall make it a big deal—this bill has $420 Kildee Rangel Welch FATTAH and all the Members on both million. We’re $7.5 million above the Kind Reyes Wilson (FL) sides of the aisle. It was a good, bipar- Woolsey current fiscal year for this issue. Also, Kissell Richardson tisan bill. I urge rejection of the Kucinich Richmond Yarmuth we’re $7.5 million above President amendment, and I yield back the bal- Obama’s request for Violence Against NAYS—233 ance of my time. Women. We’re above it. And then with The SPEAKER pro tempore. Without Adams Culberson Harris Mr. RUNYAN, we are even higher above Akin Davis (KY) Hartzler objection, the previous question is or- it. Alexander Denham Hastings (WA) dered on the motion to recommit. Amash Dent Hayworth Also, this administration has not There was no objection. Amodei DesJarlais Heck been good on sexual trafficking. We Austria Diaz-Balart Hensarling have language in this bill to direct the The SPEAKER pro tempore. The Bachmann Dold Herger Attorney General to have a task force question is on the motion to recommit. Bachus Dreier Herrera Beutler The question was taken; and the Barletta Duffy Huelskamp at every U.S. attorney’s office for sex- Bartlett Duncan (SC) Huizenga (MI) ual trafficking. We are above the ad- Speaker pro tempore announced that Barton (TX) Duncan (TN) Hultgren ministration on sexual trafficking. So, the noes appeared to have it. Bass (NH) Ellmers Hunter Mr. NADLER. Mr. Speaker, on that I Benishek Emerson Hurt I mean, it is kind of political. We are Berg Farenthold Issa above the administration, and we have demand the yeas and nays. Biggert Fincher Jenkins a task force on this issue. And so I The yeas and nays were ordered. Bilbray Fitzpatrick Johnson (IL) could go on and on and on. The SPEAKER pro tempore. Pursu- Bilirakis Flake Johnson (OH) Bishop (UT) Fleischmann Johnson, Sam But last night, we had a whole, to- ant to clause 8 and clause 9 of rule XX, Black Fleming Jordan tally open, and we accepted a number this 15-minute vote on the motion to Blackburn Flores Kelly of amendments. You could have come recommit will be followed by 5-minute Bonner Forbes King (IA) votes on passage of the bill, and ap- Bono Mack Fortenberry King (NY) down here up to midnight last night. Boustany Foxx Kingston There is no disagreement about the proval of the Journal, if ordered. Brady (TX) Franks (AZ) Kinzinger (IL) importance of these programs and need The vote was taken by electronic de- Brooks Frelinghuysen Kline to stop it. It is very important. This is vice, and there were—yeas 181, nays Broun (GA) Gallegly Labrador Buchanan Gardner Lamborn a good bill, a solid bill, bipartisan sup- 233, not voting 17, as follows: Bucshon Garrett Lance port. Members on both sides of the [Roll No. 248] Buerkle Gerlach Landry aisle had ample opportunity to have Burton (IN) Gibbs Lankford YEAS—181 Calvert Gibson Latham their amendments considered. In fact, Ackerman Braley (IA) Clyburn Camp Gingrey (GA) LaTourette on floor consideration, 63 amendments Altmire Brown (FL) Cohen Campbell Gohmert Latta were offered and 36 were adopted. Andrews Butterfield Connolly (VA) Canseco Goodlatte Lewis (CA) We were above the President’s re- Baca Capps Conyers Cantor Gosar LoBiondo Baldwin Capuano Cooper Capito Gowdy Long quest on Violence Against Women. We Barrow Carnahan Costa Carter Granger Lucas were above the President’s request on Bass (CA) Carney Costello Cassidy Graves (GA) Luetkemeyer the issue of sexual trafficking. Also, Becerra Carson (IN) Courtney Chabot Graves (MO) Luja´ n Berkley Castor (FL) Critz Chaffetz Griffin (AR) Lummis and I know some of you were concerned Bishop (GA) Chandler Crowley Coble Griffith (VA) Lungren, Daniel about it, the NICS background check, Bishop (NY) Chu Cuellar Coffman (CO) Grimm E. we were above the administration on Blumenauer Cicilline Cummings Cole Guinta Manzullo that, and also have language directing Bonamici Clarke (MI) Davis (CA) Conaway Guthrie Marchant Boren Clarke (NY) Davis (IL) Cravaack Hall Marino the Attorney General to deal with that Boswell Clay DeFazio Crawford Hanna McCarthy (CA) NICS issue. The Brady Commission, Brady (PA) Cleaver DeGette Crenshaw Harper McCaul

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6622 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 McClintock Rehberg Smith (NJ) Barletta Graves (GA) Palazzo Doggett Lee (CA) Ross (AR) McCotter Reichert Smith (TX) Barrow Graves (MO) Pearce Doyle Levin Rothman (NJ) McHenry Renacci Southerland Bartlett Griffin (AR) Pence Duncan (TN) Lewis (GA) Roybal-Allard McKeon Ribble Stearns Bass (NH) Griffith (VA) Perlmutter Edwards Loebsack Rush McKinley Rigell Stivers Benishek Grimm Peterson Ellison Lofgren, Zoe Ryan (OH) McMorris Rivera Sullivan Berg Guinta Petri Engel Lowey Sa´ nchez, Linda ´ Rodgers Roby Terry Berkley Guthrie Pitts Eshoo Lujan T. Meehan Roe (TN) Thompson (PA) Biggert Hall Platts Farr Lummis Sanchez, Loretta Mica Rogers (AL) Flake Lynch Thornberry Bilbray Hanna Poe (TX) Sarbanes Miller (FL) Rogers (KY) Frank (MA) Maloney Tiberi Bilirakis Harper Pompeo Schakowsky Miller (MI) Rogers (MI) Bishop (GA) Harris Franks (AZ) Markey Tipton Posey Schiff Miller, Gary Rohrabacher Bishop (NY) Hartzler Price (GA) Fudge Matheson Turner (NY) Schrader Mulvaney Rokita Bishop (UT) Hastings (WA) Quayle Garamendi Matsui Turner (OH) Schwartz Murphy (PA) Rooney Black Hayworth Reed Gonzalez McCarthy (NY) Upton Scott (VA) Myrick Ros-Lehtinen Blackburn Heck Rehberg Green, Al McClintock Scott, David Neugebauer Roskam Walberg Bonner Hensarling Reichert Green, Gene McCollum Nugent Ross (FL) Walden Bono Mack Herger Renacci Grijalva McDermott Serrano Nunes Runyan Walsh (IL) Boren Herrera Beutler Ribble Gutierrez McGovern Sewell Nunnelee Ryan (WI) Webster Boswell Higgins Rigell Hahn McNerney Sherman Olson Scalise West Boustany Hochul Rivera Hanabusa Meeks Sires Palazzo Schilling Westmoreland Brady (TX) Huelskamp Roby Hastings (FL) Michaud Smith (WA) Pearce Schmidt Whitfield Brooks Huizenga (MI) Roe (TN) Himes Miller (NC) Speier Pence Schock Wilson (SC) Brown (FL) Hultgren Rogers (AL) Hinchey Miller, George Stark Petri Schweikert Wittman Buchanan Hunter Rogers (KY) Hinojosa Moore Sutton Pitts Scott (SC) Wolf Bucshon Hurt Rogers (MI) Hirono Moran Thompson (CA) Platts Scott, Austin Womack Buerkle Issa Rohrabacher Holden Murphy (CT) Thompson (MS) Poe (TX) Sensenbrenner Woodall Calvert Jenkins Rokita Holt Nadler Tierney Pompeo Sessions Honda Neal Yoder Camp Johnson (IL) Rooney Tonko Posey Shimkus Hoyer Olver Young (AK) Canseco Johnson (OH) Ros-Lehtinen Towns Price (GA) Shuster Israel Pallone Cantor Johnson, Sam Roskam Tsongas Quayle Simpson Young (FL) Jackson (IL) Pascrell Capito Jones Ross (FL) Van Hollen Reed Smith (NE) Young (IN) Jackson Lee Pastor (AZ) Carney Jordan Royce Vela´ zquez Carter Kelly Runyan (TX) Pelosi NOT VOTING—17 Johnson (GA) Peters Walz (MN) Cassidy King (IA) Ruppersberger Wasserman Aderholt Heinrich Paul Johnson, E. B. Pingree (ME) Chabot King (NY) Ryan (WI) Schultz Berman Mack Paulsen Kaptur Polis Chaffetz Kingston Scalise Waters Burgess Markey Royce Coble Kinzinger (IL) Schilling Keating Price (NC) Watt Cardoza McIntyre Slaughter Coffman (CO) Kissell Schmidt Kildee Quigley Waxman Donnelly (IN) Napolitano Stutzman Cole Kline Schock Kind Rahall Welch Filner Noem Conaway Labrador Schweikert Kucinich Rangel Costa Lamborn Scott (SC) Langevin Reyes Wilson (FL) Cravaack Lance Scott, Austin Larsen (WA) Richardson Woolsey b 1445 Crawford Landry Sensenbrenner Larson (CT) Richmond Yarmuth Ms. WASSERMAN SCHULTZ Crenshaw Lankford Sessions NOT VOTING—21 Cuellar Latham Shimkus changed her vote from ‘‘nay’’ to ‘‘yea.’’ Culberson LaTourette Shuler Baca Cooper McIntyre So the motion to recommit was re- Davis (KY) Latta Shuster Barton (TX) Costello Napolitano jected. Denham Lewis (CA) Simpson Berman Donnelly (IN) Noem Burgess Filner Paul The result of the vote was announced Dent Lipinski Smith (NE) DesJarlais LoBiondo Smith (NJ) Burton (IN) Gallegly Paulsen as above recorded. Diaz-Balart Long Smith (TX) Cardoza Heinrich Slaughter Stated for: Dicks Lucas Southerland Carson (IN) Mack Stutzman Mr. FILNER. Mr. Speaker, on rollcall 248, I Dold Luetkemeyer Stearns Dreier Lungren, Daniel Stivers was away from the Capitol due to prior com- Duffy E. Sullivan b 1451 mitments to my constituents. Had I been Duncan (SC) Manzullo Terry So the bill was passed. Ellmers Marchant Thompson (PA) present, I would have voted ‘‘yea.’’ The result of the vote was announced Mr. LUJA´ N. Mr. Speaker, during rollcall vote Emerson Marino Thornberry Farenthold McCarthy (CA) Tiberi as above recorded. No. 248 on H.R. 5326, I mistakenly recorded Fattah McCaul Tipton A motion to reconsider was laid on my vote as ‘‘nay’’ when I should have voted Fincher McCotter Turner (NY) the table. ‘‘yea.’’ Fitzpatrick McHenry Turner (OH) Fleischmann McKeon Upton Stated against: Mr. MARKEY. Mr. Speaker, on rollcall No. Fleming McKinley Visclosky Mr. FILNER. Mr. Speaker, on rollcall 249, I 248, I was unavoidably detained, but had I Flores McMorris Walberg voted I would have voted ‘‘yea.’’ Forbes Rodgers Walden was away from the Capitol due to prior com- Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Fortenberry Meehan Walsh (IL) mitments to my constituents. Had I been Foxx Mica Webster present, I would have voted ‘‘nay.’’ day, May 10th, 2012, I was absent during roll- Frelinghuysen Miller (FL) West call vote No. 248 in order to attend my Gardner Miller (MI) Westmoreland Mr. COOPER. Mr. Speaker, I was unable to grandson’s graduation. Had I been present, I Garrett Miller, Gary Whitfield be present for rollcall vote No. 249 today. Had Gerlach Mulvaney Wilson (SC) would have voted ‘‘yea’’ on the Motion to Re- I been present, I would have voted ‘‘nay.’’ Gibbs Murphy (PA) Wittman Mrs. NAPOLITANO. Mr. Speaker, on Thurs- commit with Instructions H.R. 5326, Making Gibson Myrick Wolf appropriations for the Departments of Com- Gingrey (GA) Neugebauer Womack day, May 10th, 2012, I was absent during roll- merce and Justice, Science, and Related Gohmert Nugent Woodall call vote No. 249 in order to attend my Goodlatte Nunes Yoder grandson’s graduation. Had I been present, I Agencies for the fiscal year ending September Gosar Nunnelee Young (AK) 30, 2013, and for other purposes. Gowdy Olson Young (FL) would have voted ‘‘nay’’ on final passage of The SPEAKER pro tempore. The Granger Owens Young (IN) H.R. 5326, Making appropriations for the De- partments of Commerce and Justice, Science, question is on the passage of the bill. NAYS—163 Under clause 10 of rule XX, the yeas and Related Agencies for the fiscal year end- and nays are ordered. Altmire Capps Connolly (VA) ing September 30, 2013, and for other pur- Amash Capuano Conyers poses. This is a 5-minute vote. Andrews Carnahan Courtney The vote was taken by electronic de- Baldwin Castor (FL) Critz PERSONAL EXPLANATION vice, and there were—yeas 247, nays Bass (CA) Chandler Crowley Ms. SLAUGHTER. Mr. Speaker, I was un- Becerra Chu Cummings 163, not voting 21, as follows: Blumenauer Cicilline Davis (CA) avoidably detained and missed rollcall vote [Roll No. 249] Bonamici Clarke (MI) Davis (IL) Nos. 244, 245, 246, 247, 248, and 249. Had Brady (PA) Clarke (NY) DeFazio YEAS—247 I been present, I would have voted ‘‘aye’’ on Braley (IA) Clay DeGette rollcall vote Nos. 246 and 248. Had I been Ackerman Akin Austria Broun (GA) Cleaver DeLauro Adams Alexander Bachmann Butterfield Clyburn Deutch present, I would have voted ‘‘no’’ on rollcall Aderholt Amodei Bachus Campbell Cohen Dingell vote Nos. 244, 245, 247 and 249.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 9920 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6623 THE JOURNAL Mr. HOYER. I thank the gentleman deserves our bipartisan support. We The SPEAKER pro tempore. The un- for his information. tried to stay away from issues that di- finished business is the question on On the Violence Against Women Act, vide us, and we tried to listen to the agreeing to the Speaker’s approval of a very important piece of legislation GAO in terms of its recommendations the Journal, which the Chair will put which we have reauthorized in the past under this program to make sure that de novo. in a bipartisan fashion, it is under a taxpayer dollars are spent at their The question is on the Speaker’s ap- rule. Does the gentleman know wheth- most efficient levels so that we can get proval of the Journal. er it will be an open rule or whether more out of the dollars being spent. Pursuant to clause 1, rule I, the Jour- there will be, perhaps, a modified open That is the spirit with which we will nal stands approved. rule with amendments being printed? bring this bill to the floor. Will the gentleman tell us? I have a lot Again, I know it’s an important bill. f of folks on my side of the aisle who are We all care deeply about making sure REMOVAL OF NAME OF MEMBER very interested in dealing with certain that abused women receive the nec- AS COSPONSOR OF H.R. 4004 portions of that bill, and they’d be in- essary services that they need. terested to know whether or not they Mr. HOYER. I thank the gentleman Mr. COLE. Mr. Speaker, I ask unani- will be able to offer amendments. for his observations, and clearly he and mous consent to remove myself as a co- Mr. CANTOR. I will just tell the gen- I agree on the importance of this piece sponsor of H.R. 4004. tleman, as he knows, the Rules Com- of legislation. The SPEAKER pro tempore (Mr. mittee is the one to decide the process Certainly we’re concerned about vio- SOUTHERLAND). Is there objection to by which bills come to the floor and lence perpetrated against all women the request of the gentleman from the rules for those bills; and the Rules who happen to be in this country and Oklahoma? subject to violent acts by others. So we Committee will be meeting on Tues- There was no objection. want to make sure that we can, in fact, day. protect all women who are subject to f Mr. HOYER. I would tell the major- abuse. Hopefully we can pursue that ity leader, for the purposes of his plan- LEGISLATIVE PROGRAM objective. ning and anticipation, as he may well (Mr. HOYER asked and was given Mr. Leader, the appropriation bill we know, the bill that has been reported just passed was somewhat more con- permission to address the House for 1 out of the Judiciary Committee is con- minute.) troversial than I had hoped it would troversial. There was a bill that passed have been, in part because of the riders Mr. HOYER. Mr. Speaker, I am through the other Chamber, which pleased to yield to my friend, the ma- that were adopted to that bill, which passed overwhelmingly—more than 2– were strongly opposed by many on this jority leader, Mr. CANTOR, for the pur- 1—and it is not like this bill. pose of inquiring as to the schedule for side of the aisle, and in part because we the week to come. b 1500 do not believe it complied with the Mr. CANTOR. I thank the gentleman There are Members that would like agreement that we reached with ref- from Maryland, the Democratic whip, to incorporate the Senate’s provisions erence to funding levels. There are now 11 more appropriation for yielding. in the House bill, and I know we would bills to go. Can the gentleman tell me Mr. Speaker, on Monday, the House appreciate it if we would be given that the next appropriation bill that he ex- is not in session. On Tuesday, the opportunity to offer that on the floor pects to have on the floor? House will meet at noon for morning- as an alternative. If the gentleman Mr. CANTOR. I would say to the gen- hour and at 2 p.m. for legislative busi- would take that into consideration, tleman that we are looking to accom- ness. Votes will be postponed until 6:30 perhaps talk to Mr. DREIER about mak- modate the needs of the committee as p.m. On Wednesday and Thursday, the ing such amendments in order, we they move forward and with their bills House will meet at 10 a.m. for morning- would very much appreciate that. Of and their agenda. It is our intention to hour and at noon for legislative busi- course we would also appreciate, per- continue with the kind of debate that ness. On Friday, the House will meet at haps, if you wanted to take up the Sen- we had on the CJS bill this week. 9 a.m. for legislative business. The last ate bill as a substitute. We think we As you know, it’s been some time votes of the week are expected no later would have overwhelming votes for since this House was able to see an ap- than 3 p.m. that on this side of the aisle. In light of propriations process work in a very Mr. Speaker, the House will consider the fact that you and I have been work- open fashion like we had this week. We a number of bills under suspension of ing in such a bipartisan fashion lately, intend to continue to do that with the the rules, a complete list of which will perhaps that would be a good way to bills. It’s the Speaker’s commitment be announced by the close of business continue that process. that this be an open process and that tomorrow. Among next week’s suspen- I yield to my friend. Members have a right to air their sions will be H.R. 365, the National Mr. CANTOR. It has certainly been views, and that those issues and Blue Alert Act, sponsored by Congress- an improved sense of cooperation, and I amendments can come to a vote. man MICHAEL GRIMM, which will coin- appreciate that on the gentleman’s I say to the gentleman that we look cide with National Police Week and part in trying to deliver results and forward to working with him and look- will help deter the threat of violence trying to make sure we get America ing to the committee to bring forward against our Nation’s law enforcement back to work. the bill that they think is ready next officers. I would say to the gentleman, as he to be brought to the floor. In addition, the House will consider rightly noted, that this bill has tradi- Mr. HOYER. I thank the gentleman two important bills under a rule. The tionally been reauthorized. The ap- for that information. first is H.R. 4970, the Violence Against proach that we tried to focus on was to As I said, one concern we had on our Women Act reauthorization, sponsored do what it is that the gentleman and I side of the aisle was the riders, many of by Congresswoman SANDY ADAMS, her- have been trying to do the last couple which we thought were inappropriate. self a former sheriff. Our second rule of weeks, and that is to separate out They were adopted, but we did not bill, which will take up the remainder things that divide us and try to unite favor them. The second was, of course, of the week, is H.R. 4310, the National us around the central focus of a par- the level of funding. The Appropria- Defense Authorization Act, sponsored ticular piece of legislation. tions Committee clearly articulated by Chairman BUCK MCKEON. This bipar- VAWA is a program that calls for the very early in this process they thought tisan bill provides for the funding of commitment of taxpayer dollars to the monies available to them under the our armed services prior to Memorial fund the appropriate services for Ryan constrictions on 302(a) were too Day, as is the House’s appropriate cus- abused women. This is a bill that is low to meet some of the commitments tom. much needed, and it is one that I think that they had.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6624 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 First of all, pursuant to what he says there were a lot from your side, and your chief of staff for not mentioning the Speaker wants to do and he wants that’s appropriate. him. to do, and I think we ought to do—we Let me ask you about the transpor- I yield back the balance of my time. didn’t always get that done lam- tation conference, Mr. Leader. We are f entably—does the gentleman believe very concerned about this. We think that we’re going to have the time to this is a jobs bill. We think it’s an im- HOUR OF MEETING ON TOMORROW bring each one of the appropriation portant bill. This bill, as you know, Mr. KING of Iowa. Mr. Speaker, I ask bills to the floor between now and the was adopted overwhelmingly by some unanimous consent that when the August break so that the Senate might 74 Senators. Half of the Republican House adjourns today, it adjourn to consider them and we might consider Conference in the Senate is voting for meet at 11 a.m. tomorrow; and when them individually, as opposed to in the transportation bill. We’re in con- the House adjourns on that day, it ad- some omnibus piece of legislation? ference now. We’ve been in conference journ to meet at noon on Tuesday, May I yield to my friend. for some time. Can the gentleman tell 15, 2012, for morning-hour debate and 2 Mr. CANTOR. Mr. Speaker, all I me what he thinks the status of the p.m. for legislative business. would say to the gentleman is it is cer- conference is and when we might adopt The SPEAKER pro tempore. Is there tainly the intention and the commit- this bill? Obviously, we have it ex- objection to the request of the gen- ment we have to bring these bills for- tended until the end of June, but we tleman from Iowa? ward for an open and fair debate. must act before then. Can the gen- There was no objection. I know the gentleman has expressed tleman tell me the status of the con- f now twice the fact that his side didn’t ference? RURAL POST OFFICES like some of the votes that occurred on Mr. CANTOR. As the gentleman the specific provisions of some bills. rightly suggests, we are in conference (Mr. CRAWFORD asked and was This is a democratic process, as he with the Senate. Deliberations are on- given permission to address the House knows. Twenty-three Members on his going. We are very mindful, as he indi- for 1 minute.) side of the bill ended up supporting the cates, of the expiration of the existing Mr. CRAWFORD. Mr. Speaker, this CJS bill. Again, this is the House’s will authorization of the program at the week the postal service announced a at work, and we hope to be able to end of June, knowing that is our dead- new strategy to keep rural post offices work with him in this very new envi- line. open. My district in Arkansas could ronment in which we’re operating on Mr. HOYER. I thank the gentleman. have lost as many as 100 post offices. appropriations bills. I want to say as we close this col- This new plan from the postal service The commitment that we have is loquy—which some people will say was is not perfect. The retail window at still that we want to bring these bills one of our more tame colloquies—per- many post offices will have limited op- forward under a very challenging fiscal haps that’s appropriate. On a week that erating hours. However, access to the time in our country and do so without we did have an opportunity to come to- retail lobby and post office boxes will earmarks. This does represent a new gether, I want to thank the gentleman. remain unchanged. More importantly, construct within which we are oper- I want to again say that Neil Bradley towns will keep their ZIP codes, and ating. Again, we look forward to the did an excellent job working with John community identities will be pre- gentleman’s participation towards that Hughes and my staff and the Financial served. end in a successful way. Services staff of Mr. FRANK, Mrs. In November of 2011, I introduced Mr. HOYER. I thank the gentleman MCCARTHY, Mr. MILLER’s staff, and the H.R. 3370, Protecting Our Rural Post for his comments. Senate. Offices Act, which prohibits the postal I want to make it clear that clearly service from closing rural post offices 1510 I understand it is the democratic proc- b that do not have an alternative office ess that riders are offered and the I think we’ve done what we ought to within 8 miles. Now that the postal House does its will. There it is. The do more of. And we passed a bill which, service has announced plans to keep all gentleman is absolutely correct, that’s as you know, my party supported post offices open, Congress can enact the process. unanimously because we believe it reforms that will ensure rural Ameri- But I want to emphasize that we still does, in fact, make us more competi- cans no longer have to worry about ac- have great concerns about the agree- tive in the international marketplace cess to mail services. ment that we reached not being carried and will help keep and grow jobs. So I So many of the challenges we face in out pursuant to what we believed the want to thank the gentleman for his Washington are not Democrat versus agreement was in terms of funding lev- work on that and, again, thank Mr. Republican; rather, urban versus rural els and 302(a) allocations; that is, the Bradley and Mr. Hughes for their work interests. In small communities across general allocation to the Appropriation on that. And hopefully the Senate will Arkansas and across the country, the Committee. I know the gentleman act on that with dispatch. post office represents the town identity knows that we have that concern. I Mr. CANTOR. Mr. Speaker, I will join and lets the world know the commu- know the gentleman has also made the the gentleman in thanking both of our nity exists. If post offices were to com- observation that that was a cap and staffs. They did tremendous work, as pletely close and small communities no not an agreed number. I will tell my well as Mr. MILLER on the Financial longer had their own ZIP codes, cities’ friend again—I think I said this a cou- Services Committee and the staff identities would be lost. For my part, I ple of weeks ago—that undermines our there, Mr. BACHUS’ staff. Your office will continue efforts to ensure rural willingness to make agreements if can be instrumental, I think, in help- Arkansas communities keep access to what we make an agreement on is the ing move the Senate along. But every- postal services. most that you’ll do, but then come in one from the chief of staff on down in f at levels substantially below that your office—and we want to thank you which we think we agreed to, and in as well for your team’s commitment to HONORING OUR NATION’S fact is in the law. working, again, in a very difficult MOTHERS I want to make it clear that was my equation where there were a lot of dif- (Ms. JACKSON LEE of Texas asked major concern and continues to be my ferences that we tried to work through and was given permission to address major concern. I understand, as all of but, in the end, didn’t want to unilater- the House for 1 minute.) us do on this floor, that the majority ally disarm American business in the Ms. JACKSON LEE of Texas. Mr. will rule on the amendments, and what name of competitiveness in our coun- Speaker, I rise this afternoon to pay amendments are adopted are adopted. try. tribute to the Nation’s mothers and to There were a lot of them on the floor, Mr. HOYER. I thank the gentleman be able to wish them a wonderful and as you know better than I, because for his remarks. I want to apologize to happy Mother’s Day.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6625 This morning I had the privilege of uary 5, 2011, the gentleman from Iowa That which so courses all through your mag- going to the women’s war memorial at (Mr. KING) is recognized for 60 minutes nificent veins! Arlington Cemetery to lay a wreath for as the designee of the majority leader. For you were one of those most gallant ones our fallen women who fell in battle and Mr. KING of Iowa. Mr. Speaker, it’s of all . . . Who, like all of those other fine souls before in service to their Nation; many of always my privilege and honor to ad- you, them were mothers. I stand today to dress you here on the floor of the who so stood tall! say to them, even in the loss of life, we United States House of Representa- Who so selflessly marched off to war, thank you. We honor you. tives. to hear that clarion call! I honor my mother, who lost her life Today, I come before you with a Leaving behind all that they so loved . . . in 2010, Ivaleta Jackson, along with my humble heart and an appreciation for a All of your most precious loves, aunt, Valerie Bennett, along with my young American whom I believe this who you held so very high above . . . living aunt, Vickie Bennett, and as Congress needs to honor. I will be read- All for The Greater Good! With tears all in your most magnificent ing into the RECORD a poem in honor of well Audrey Bennett and some of the eyes, mothers of my community: Ruby an American hero, Staff Sergeant as you so left and so said your last goodbyes Mosley, Dany Simmons, Sylvia Gon- Travis Mills, Bravo Troop 4, 73rd Cav, ... zalez, Ester Campos. So many mothers 82nd Airborne, United States Army, With your heart of gold comprised, who have served their communities. North Carolina. marching off to war so ready to die . . . The late Beulah Shepard. So many of Mr. Speaker, I rise today to honor Travis, no they’ll not take that from you! them. this remarkable young man, Staff Ser- With all your most splendid valor, and grace But I want to say to the Nation’s geant Travis Mills. On April 10, 2012, ... mothers that we have an obligation to while out on patrol with his troops in With all of your most magnificent courage so Mialand province, Afghanistan, Staff all in place, ensure that your children are protected as you so heroically stared all in death’s and that the lives of women are pro- Sergeant Mills almost lost his life dur- face! tected and that we recognize and re- ing an IED explosion. As with smell of death upon you so wafted, spect all of the service, all of you that He is known for leading his men in and yet with each new step somehow you are stay-at-home mothers who take combat. Where they go, he goes. After still kept pace! care of the children at home; those who the explosion, while being airlifted on As such heartache upon your fine soul was work; those who work and have chil- the bird, an extraordinary moment was placed . . . dren. To those who do so many things, noted by the medic onboard. While As all for your Brothers In Arms You So Led bravely wounded, he did not shed even The Way! I am so honored to be able to say, you As so boldly you so stood all there in uni- are, in fact, America’s sheroes. We a tear, and he asked how his men were form . . . honor you this weekend. But, actually, doing, who were also wounded. He then As why now you so hold such a special place! as we’re taught, we honor you every smiled at them, gave them a wink to All in our hearts so very warm . . . day of the year. reassure them—this is a man who lost All in this our human race. God bless you. God bless the United four limbs, Mr. Speaker. It was impres- No . . . No . . . They will not take that from States of America. sive, to say the least. you! Staff Sergeant Travis Mills lost three For Travis, f of those limbs initially and later a yours will always be a heart of such honor VOTER PHOTO ID LAWS fourth limb. In two short weeks, al- and faith! One of such most splendid grace! (Mr. POE of Texas asked and was ready his progress and courage was an As we so look upon your magnificent face given permission to address the House inspiration, to say the least. And now ... for 1 minute.) he embarks upon his recovery. It’s And so see what you so gave . . . Mr. POE of Texas. Mr. Speaker, when clear that nothing is going to slow his As there we all so find such a fine soul as people fraudulently vote, they infringe recovery down. comprised . . . Who above all others we must now so place on the rights of lawful voters. One so- b 1520 lution is to require valid photo IDs. ... I will now read a poem, penned by Al- With but your most heroic will, The Supreme Court has upheld photo as Travis you climbed mountains and so IDs to vote, but some object. bert Caswell, titled: ‘‘They’ll Not Take That From You.’’ climbed hills . . . Attorney General Eric Holder is in- As your own blood was so spilled, vestigating Texas’ photo voter ID laws And what can these, our brief lives so make? and still you did not lose pace! even though such IDs will be free to All out upon our life’s wait? And now your new battle has just begun! those who need them. A person needs All within these, our short lives await . . . As your fine heart, So then which steps must we all so take? now so shines all like that morning sun! an ID to open a bank account, to use a All in our times worth, not to forsake . . . credit card, to check into a hotel, to As you rebuild with each new step, all one by All in which we so create . . . one! drive, to buy a lottery ticket, to buy For the path is straight my friend . . . No Fine One, alcohol, cash a check, board a plane, or And our journey is but a long and hard one, You’re Airborne and They’ll not take that even visit a public school. When Eric so then! from you! Holder spoke in Austin recently, it was For its all in our hearts depends . . . For it was you, reported that people had to present a If its up in Heaven we wish to wake . . . who so chose to answer freedom’s most noble valid photo ID to enter the building he Travis, no they’ll not take that from you! call . . . They may take your strong arms and As our Lord God your great valor saw . . . was speaking in. Isn’t that ironic. legs . . . A local D.C. paper printed an edi- They’ll Not Take That From You! They may even make you cry out in pain, as For in these, our most troubled times, torial claiming photo ID laws disen- do they! all in these our most shortest of all lives . . . franchised voters. But to enter the pa- Until, it’s for death you beg! Only, but one thing so lives on . . . so per’s facilities, a person must present a But there are a few most magnificent things, shines’s! photo ID. Ironic again. It would seem Travis, As not so gone, as out into eternity so sur- the only ones who would be disenfran- so they . . . vives! chised by voter photo ID laws would be That, they’ll not so take from you . . . As is what we so do upon this earth! unlawful voters. All because of what you so gave! Do we in the darkness so reside? And that’s just the way it is. The word of hero, Or is it with our goodness, now comes before, and after, your fine name that we so make even the Angels too cry? f this day! For if all in our most noble deeds, HONORING STAFF SERGEANT And Heaven for you Travis one day, awaits! that we so succeed to fight evil’s needs . . . TRAVIS MILLS As from you, this they’ll not so take! Then, it’s Heaven we shall all so see. They’ll not take that from you! For these are such things, The SPEAKER pro tempore. Under For it’s that most splendid word, of ‘‘Honor’’ that which only our magnificence can so the Speaker’s announced policy of Jan- ... bring!

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6626 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 And that no one else can so take from you love the things that make this country failed to recognize what they were Travis . . . sing! the greatest country in the world. In- until 2001 when most of America woke No Travis, They Will Never So Take That still those values in their children for up at that point, that there are people From You! them to be willing to show the greatest who want to destroy America. When And now the time has so come! To mount up Cav, my son! love that anyone can have. bin Laden wrote that they had spent To go Airborne to recovery, to get up and I do know, from being so close to par- around $500,000 to train those people run! ents who have given their children, and to carry out the mission of crash- To win one more battle, that that is an unfathomable love. To ing planes into American buildings to like all of those other ones you’ve won! care about your country and its free- destroy buildings and to kill thousands Because, Travis you are Army Strong! doms so much that you’re willing to of Americans—apparently they were You Are America’s Heart and Son! risk a child’s life for the good of others, hoping for more, in the range of 50,000 They may have taken your strong arms and and ultimately give that child for the or so to be killed in the Twin Towers. legs! good of the country. But, your fine heart and soul they can not so But as bin Laden has pointed out, an touch, b 1530 investment, from their standpoint, the way they saw it, of around $500,000 cost can they! It is so terribly difficult. And that’s what you run with this very day So we have people on foreign soil who America trillions and trillions of dol- ... are risking their lives; some have given lars. And even before he was taken out, Bravo my son, you are Airborne in every it was clear to him that they helped way! their lives for this country. We have law enforcement. We have intelligence put America on track to be bankrupt. As once again, you are out on point leading From his standpoint, that was a tre- the way! agents, agents from all parts of State, For Travis, SSG Mills you have so many local, and Federal Government who put mendous investment. Invest $500,000 in lives to touch! their lives at risk every day so we can an act of war and cost your enemy not So many hearts to fill as such! enjoy the freedoms we have. We owe only thousands of lives but trillions of And so many years from now, them not to be stupid about the way we dollars, not only in damage but in the Heaven is yours one day so don’t rush! carry out the government’s business money spent to try to secure the Na- And your family and this world, and the way in which we protect the tion. so needs men like you as such! That’s why it is so important that we Travis, They’ll Not Take That From You! citizens of this country, the people in this country, from all enemies, foreign be smarter about the way our money is I yield back the balance of my time. and domestic. spent, that we utilize a little bit more f Now, we have some very noble patri- discernment, a little more wisdom in the way that we take on those who are AMERICAN VALUES ots that serve at the various levels of our Federal entities that are charged bent on our destruction. They are still The SPEAKER pro tempore. Under with keeping us safe. Having visited there. And the Taliban’s strength, as the Speaker’s announced policy of Jan- with Secretary Panetta, who called me both Senator FEINSTEIN and Represent- uary 5, 2011, the gentleman from Texas a few weeks ago, having had multiple ative ROGERS, the two chairs from the (Mr. GOHMERT) is recognized for 52 min- conversations with Director Mueller as Senate and House, respectively, of our utes as the designee of the majority Director of the FBI, so many others in Intelligence, our Homeland Security—I leader. our Federal law enforcement, our Fed- guess, Intelligence—they understand Mr. GOHMERT. Thank you, Mr. eral intelligence, justice, we have a and they believe the Taliban is strong- Speaker. great lot of noble people. But here er now than it was before. It is growing We are really blessed here in the Cap- again, we cannot be foolish about the in strength. We have not been very itol with some of the greatest people way we go about protecting America. wise about the way we took on an that work around here and touch the There are people who have been at enemy that wants to take this country lives of so many. So many come from war with the United States since 1979. down. around the country to admire our great President Carter hailed the Ayatollah Now, there are some who have been a national Capitol, and the people that Khomeini as a man of peace as he came little oversensitive, and it seems that work around here touch them one way back from exile and for the first time some who are our Muslim friends who or another. in so many years gave a foothold for have been more defensive about any Albert Caswell is one of those great radical terrorizing Islam to have a questions about radical Islam than folks. It seems every day we see him country in Iran. Americans soon found they have been about condemning the with wounded warriors, in addition to out the price of bad judgment in inter- radicals that have hijacked their reli- his regular duties as a tour guide. He’s national affairs. gion. And it would be helpful for those taken them through the Capitol, doing Not too long thereafter, there was an of us who know there are moderate poems for them, having them signed by attack against the American Embassy Muslims who just want to live in peace, Members of Congress, getting them en- in Tehran. I know at Fort Benning, to have their help in condemning rad- tered in the RECORD, getting them to Georgia, where I was, a lot of folks ical Islam instead of condemning those individual warriors. He just does great were put on alert that it may be nec- of us who stand up against and con- work, so I’m quite pleased my friend essary for us to go and defend this Na- demn radical Islam. STEVE KING read that into the RECORD. tion because an attack against a coun- America, one of our great traits is we The truth is, freedom is not free, and try’s embassy is an attack against that don’t want to really offend people we’re surrounded by people who have country. It is an act of war. So there around the world. There have been given a great deal—given limbs, given was an act of war committed in Iran in some ugly Americans over the years so much. I was standing by a Gold Star 1979, and our response was so benign who give us a bad name, but all in all, mom in Texas this past week, and I that it is still being used as a recruit- Americans are loving, caring, forgiving really wasn’t sure who gave the most. ing tool by radical Islamists today to people. And the only nation in the his- Her son gave everything—gave his life. show how Americans are not very tory of the world that has ever sent But his mother gave her son. smart, they don’t have the stomach for treasure in the form of money and our We’re told by Jesus, Greater love has a strong fight so we can still prevail. greatest assets, our individuals, to no one than this, that a man lay down We had a benign response in 1983 fight and die on behalf of people in an- his life for his friends. after the attack on our marines and other nation over which we want no This Nation has experienced so much lost around 300 precious marine lives in control, we want no territory, we just love by people who have laid down Beirut. The response was to pull them want freedom to reign in the world so their lives for their country, but at the out without a fight. we can live in peace and help extend same time millions of parents have So many times we’ve been attacked that freedom to others around the given their children proper teaching to in the last 30 years, acts of war, and we world.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6627 That’s why, over the years, as stories country’s history people have been you going? Well, it was Sunday morn- have unfolded about high-handed lead- proud to constantly quote the Bible ing, and he said, I’m going to church up ers in other countries who say, We here on the House floor as the ultimate in the Capitol. He said, Sir, you don’t want Americans out; we don’t like you. authority for reasoning behind good believe everything those Christians do And the response has come in some sit- legislation. As one goes right out those up there. And he said, Sir, I am the uations, Do you want us to remove all doors, straight down the halls a matter highest elected magistrate in this of the dead bodies of Americans who of feet, you come to Statuary Hall. It country. It is imperative that I set the gave their lives so you could have the is the place where the House of Rep- proper example. freedom to tell us where to go and resentatives met for most of the 1800s. So he came to church, and he did not what to do? And except for after the fire in 1814 find attending church down in the Americans have had a place in his- that the British set, a fire which was House of Representatives as offending tory like no other nation. put out by what insurance policies the notion that he dreamed up of a sep- Ironically, as one general recently would call an act of God, a deluging aration of church and State—his words. said in conversation, virtually every rain that put out the fire, preserved He’s also the person that coined the deployment he has had into harm’s this Capitol’s shell so that it didn’t im- phrase having a ‘‘wall of separation’’ way, he has been sent there by the plode and become a bunch of ruins, that the Supreme Court has many, United States on behalf of Muslims right down the hall in Statuary Hall— many years later misconstrued because who were being mistreated by others, formerly, the House of Representa- they didn’t know their history, weren’t including Christians. So, for some of us tives—for most of the 1800s, it was a properly taught. But Jefferson did not it gets a little discouraging that our place of nondenominational Christian find it an affront to his concept of sep- Muslim friends who want to live in worship services. aration of church and State to bring peace will not take notice of the fact I hope one day we’ll have a plaque the United States Marine Band into that this country has stood up against down there so that the 15,000 or so peo- the Capitol to play Christian hymns for tyranny, against moderate Muslims ple a day that come through can read the Christian worship services. around the world, and we continue to and understand that the man, Thomas So what to some cable channel may do that. Jefferson, who coined the phrase ‘‘sepa- have been this strange, weird thing ration of church and State’’—not in the that happened because they have not b 1540 Constitution, as most Americans ap- been properly educated, to Thomas Jef- We are doing that in Afghanistan and parently believe, but in a letter to the ferson, to James Madison was just a we get no credit for that. Instead, we Danbury Baptists about why, really, we matter of propriety and course. Cer- get condemned because we want to pro- shouldn’t have an official denomina- tainly, there’s nothing wrong with tect what we have, and we get so tion of the Christian religion—Jeffer- bringing the Marine Band to play caught up in political correctness that son attended church virtually every hymns in the House of Representatives we’re afraid to call things as they are. Sunday he was in Washington just for a nondenominational church Chris- Now, I mentioned before, but that down the hall. They had nondenomina- tian worship service, because it was line in the ‘‘Patton’’ movie may or tional Christian worship services. nondenominational. They weren’t put- may not have actually been said. But it So it is amazing the lack of edu- ting emphasis on any particular de- is a fact for military strategists, as cation that has occurred in recent gen- nomination. Patton looked over the carnage from a erations so that you can have one of When Randolph, during the 1787 Con- battle in which his tanks took on the the cable channels—is it BSNBC or stitutional Convention, saw that tanks of that incredible German Field something like that? They reported things were falling apart and heard Marshal Rommel, and reportedly Pat- that in the past week there was some this inspirational speech by Benjamin ton said something like, paraphrasing, kind of a prayer service in Statuary Franklin, how Franklin, in his words— Rommel, you glorious, childless son— Hall by a bunch of right-wingers, when we have his words because he wrote or apparently, son—I read your book. what was actually done was not nearly them down in his own handwriting— Going through military science, we as stout in Christian nature as what said: were taught that if you want to be able Thomas Jefferson used to do as Presi- I have lived, sir, a long time, and the to fight effectively on behalf of your dent when he attended church down longer I live, the more convincing proofs I country, you have to know your there, and the Speaker’s podium was see of this truth: God governs in the affairs enemy. We would prefer we have no en- used as the pulpit each Sunday for of man. And if a sparrow cannot fall to the emies. As Christians—those of us who most of the 1800s. ground without His notice, is it possible an are—we’re taught to love your neigh- Most people credit Madison with hav- empire could rise without His aid? bor as yourself. Jesus, himself, said, ing more to do with the Constitution Franklin went on to say: when he was asked by a lawyer, What’s than anyone else of our Founders. We’ve been assured, sir, in the sacred writ- the most important commandment? He Madison also attended church, a non- ing that, unless the Lord build the house, said, Love God. The second is like it, denominational Christian church, in they labor in vain that build it. Love your neighbor. And on those two Statuary Hall—back then, the House of Some of us were taught he was a things, those two laws, hang all the law Representatives—and he found no af- deist, but in his own words, in his own and the prophets. front to the Constitution to attend handwriting, the speech that he gave The full face of Moses depicted above church in the U.S. Capitol. For much of to the other members at the Constitu- the door in the center back in the gal- the 1800s, the largest Christian church tional Convention, he urged them by lery is there because he was considered in the Nation’s capital was here at the saying, Firmly believe this. He said: perhaps the greatest lawgiver of all Capitol in the House of Representatives I also firmly believe without His concur- time. Of all the lawgivers who have where they attended church each Sun- ring help, we shall succeed in our political side profiles, Moses has the one full day. building no better than the builders of Babel. face. And if you were to outline the The Congressional Research Service We’ll be confounded by our local partial in- terests and we, ourselves, shall become a by- Ten Commandments that Moses was did some research on material that we word down through the ages. used to provide, you could outline provided to see what they believed was them under two headings: number one, documented and what wasn’t. They b 1550 love God; number two, love each other. said Jefferson normally came down Well, Randolph, his proposal, after They all fall under those two com- Pennsylvania Avenue on horseback by Franklin, was we basically have had so mands. himself. One story is of Jefferson com- much disagreement, such a spirit of Since we have a very rich Judeo- ing down Pennsylvania Avenue with a anger in here, I move that we all go to Christian heritage here in America, for big Bible under his arm, and one of the church. Here we are, the end of June, at least the first 130, 140 years of our citizens said, Mr. President, where are we’re about to celebrate the country’s

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6628 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 anniversary. I move that we all go to holding hands and singing hymns, sing- more concerned about not offending church together, and all of us—the ing ‘‘Amazing Grace,’’ singing ‘‘God people who don’t want to hurt us than irony of this, all of us, as part of the Bless America,’’ people praying for they are about just speaking truth. Constitutional Convention, that are God’s protection once again, just like And how can you deal with an enemy going to give this Nation the Constitu- Ben Franklin told us we would have to unless you’re willing to recognize them tion that will one day cause the Su- have or we would succeed no better in truth? preme Court to say we don’t think that than the builders of Babel. So now, because in the very recent you can constitutionally do what the We came together, and for that day, months, the FBI counterterrorism lexi- Founders and the writers of the Con- and for a time thereafter, there was no con, this effort by our FBI that’s going stitution did, he said, we all ought to such thing as a hyphenated American. on in the Justice Department, it’s go to church together in celebration of There was no Euro-American, there going on in the Intelligence Depart- the anniversary and then come back was no African-American, no Asian- ment, it’s going on in the State De- and pick this up. American, Native-American. There partment, it’s going on in the White One wrote that there was a new spir- were Americans here in America, and House, itself—they’re leading the it. They all went to the Reformed Cal- we were concerned about having a fu- charge—we don’t want to offend any- vinistic Church. They all went to the ture for us and our children and, hope- one. same church. They all heard the same fully, their children and their children. b 1600 sermon. And it evoked a spirit of unity And we were smart for a short time, and collaboration, that although there and in a bipartisan way, this Chamber So no longer is an FBI agent who is were differences, they were able to came together. new, someone who may barely remem- come together thereafter and give us I was on the bench at the time as a ber what occurred on 9/11, allowed to be the Constitution. judge. I was qualifying a jury panel taught what the enemy who attacked So it’s part of our heritage. And as when the Twin Towers were hit. No- us said about themselves. They’re not part of our heritage, we welcome peo- body was concerned about hyphenated allowed to be taught what they said ple from all faiths, or no faiths. But Americans because we were Americans. motivated our enemy. How can you just because you don’t have a faith, And what this Chamber did, in coming deal with your enemy? How can you don’t come in and tell us we can’t have together with the Senate and saying, take them on and win that fight and and enjoy what the Founders provided You know what? Let’s study where we come out victorious unless you recog- and assured in the First Amendment went wrong. And a bipartisan commis- nize what motivates them? Because, that we could have. sion was put together to study, in com- when you know what motivates them, Don’t try to mis-educate any more plete candor, what had gone wrong. you can predict more likely what they Supreme Court Justices, so that al- How did the worst attack against will do next. though they’re brilliant of intellect, America on its own soil occur without That’s why there are novelists in they’re ignorant of our history and us realizing what was coming? America who do a better job of pro- what the Constitution means so they We had the 9/11 Commission report jecting where we will be hit next than do not really understand the freedoms that came out of that, and the 9/11 our own government intelligence agen- that we were provided and that there is Commission report used words like cies, other than our own government a prohibition against our practicing ‘‘enemy’’ 39 times, ‘‘jihad’’ 126 times, FBI. It’s why some noticed that there our religion. ‘‘Muslim’’ 145 times because those who was a soldier on al Jazeera who was Some have twisted those words, the wanted to destroy us and tried used saying exactly what Major Hasan had language, our Constitution, and polit- that term about themselves. That’s said: in essence about how, with his ical correctness to the point that it is who they said they were before the at- being a Muslim, if he were sent to a exposing us to unnecessary danger. tack. They used terms in the report 32 Muslim country where he might acci- And although these people that we times like ‘‘Islam’’ because those who dentally kill another Muslim for one of have in authority here in this town attacked us in the worst attack in our the unrecognized allowances to kill an- mean well, and they all want to see the history on our soil used that term other Muslim, then they would have to country do well and thrive, we can’t be about themselves. act up and kill Americans to avoid hav- stupid about the way we go around And I am very sorry for our moderate ing to risk going to a Muslim country helping protect the country. Islamic friends who want to live in and killing a Muslim. So, we have people in America that peace with all Americans because The guy is saying basically the same are more concerned with political cor- they’re Americans. And I’m sorry if things Hasan did before he killed 13 of rectness and more concerned that people are offended that those who our precious servicemembers in an act someone does not get offended while we hated us so much they would bring that in our political correctness this are fighting for our Nation’s life, fight- down the World Trade Centers, try to administration now refers to as ‘‘work- ing for the Nation’s existence against wipe out the Pentagon, try to wipe out place violence.’’ powers that want to destroy us. what some say is the most recognized I came to know and love some Pearl They’re concerned we might offend building in the world, this Capitol, I’m Harbor survivors. They had no idea somebody, we might offend those who sorry if they’re offended that those that what they experienced at Pearl want to kill and destroy us, and, what’s people call themselves Muslim. They Harbor, according to the thinking of worse, we might offend someone who is call themselves Islamists. this administration, was an act of a moderate and practices under the ‘‘Muslim Brotherhood’’ was men- workplace violence, where someone name of the same religion of those who tioned five times in the 9/11 Commis- came into the workplace of all of these want to destroy us. sion report because it was important. civilians and all of these soldiers and And just like Patton was pointing There was an interwoven nature to sailors and marines in Pearl Harbor out, you can’t defend yourself unless what was going on in the attack. They and killed them in their workplace. you know the enemy that wants to de- used ‘‘religious,’’ that word, 65 times. They didn’t understand that because stroy you. They mentioned ‘‘Hamas’’ four times. that’s not what it was—nor was it 9/12 was a day like I’ve not experi- They mentioned ‘‘Hezbollah’’ two workplace violence at Fort Hood. It enced in my lifetime. We were scared. times. They mentioned ‘‘al Qaeda’’ 36 was an act of war against our military. Americans across the country came to- times. They mentioned ‘‘caliph’’ seven I am grateful we have Members of the gether. We prayed. We didn’t care times. They mentioned ‘‘shari’a’’ House and Senate who had the fore- about political correctness. Courthouse twice. sight to file a bill to make sure that squares around the country, we But apparently we have leaders who they should have Purple Hearts, be- grabbed hands. We did in Tyler, Texas. mean well, I know that, who think cause it was not workplace violence. They did all around the country, people they’re protecting America, who are They died for their country. They died

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6629 for freedom. They laid down their lives, things like the FBI and a wonderful Di- members were killed at Fort Hood by which they knew were at risk from the rector who, I believe, unintentionally Major Hasan who was on al-Jazeera moment they took the oath, which is has hurt the FBI by his 5-year up-or- saying the same things Hasan did be- just like all of us who have been in the out policy, which we now know has fore he went to kill. We had people that service have taken. cost us thousands and thousands and actually noticed that, but it would Political correctness must be set thousands of years of experience by have been politically incorrect to do aside so that we can speak candidly running off our more experienced FBI anything about it. You know, they say and truthfully. So, if there really is agents in favor of agents in charge, those things. If it had not been for a nothing to fear from the radical who may go from having 26 years of ex- gun dealer in Texas who found this Islamists who have hijacked the name perience to having 5 or 6 years of expe- young private suspicious, if it had not of a religion away from the mass mod- rience, who may not even have been been for that gun dealer calling in local erate Muslims, it is time for more than out of college at the time of 9/11 and authorities and alerting them, we just three or four or a handful of mod- who are now in charge as the most ex- would have had another Fort Hood erate Muslims to step forward and help perienced people we have in our offices shooting and lost other precious mem- us in calling it what it is. around the country. That has hurt us. bers of our military. They were saved Now, I recognize that, for any Mus- At the same time, for example, in not because of the intelligence commu- lim to step forward and condemn an- June of 2002, our FBI Director took fire nity, the FBI counterterrorism, or the other Muslim, it is a very, very risky for giving a speech to the American Homeland Security countering violent proposition. It’s far more risky for Muslim Council, which the Director’s extremism, because we don’t want to them to do that than for a considered spokesman described as ‘‘the most use the term jihad or Islamic jihad. So infidel like me to step up and condemn mainstream Muslim group in the it’s countering violent extremists. No, radical jihadist Islamists, because I’m United States.’’ But, at the time of the none of those picked it up. There were already an infidel in their eyes; but speech in 2002, the head of the Amer- people who noticed and reported it, but moderates know that if they speak out ican Muslim Council was a man named nothing was done because it might be publicly they could be targeted for al-Amoudi, who was videotaped in Oc- politically incorrect. They risked the turning on their own religion. Among tober of 2000 delivering a speech just lives of our precious military in polit- the radicals—crazies—who are trying yards away from the White House, pro- ical correctness. If not for the work of to highjack the religion, they get claiming: a gun dealer in Texas and local law en- angrier at a moderate Muslim than I have been labeled by the media in New forcement jumping right on top of it, they do at an infidel for speaking York as being a supporter of Hamas. We are all supporters of Hamas. I wish they’d added we could have lost military members. against another Muslim. So it is very that I’m also a supporter of Hezbollah. Here are some other examples. Pales- risky for a moderate to step up and That was also the same year, 2002, tinian Islamic Jihad leader Sami al- join those of us who want to recognize that the AMC, the American Muslim Arian had meetings and conversations accurately what our enemy is. Council, board adviser and former act- with high-ranking officials at the Jus- But, in the name of political correct- ing president, Jamil al-Amin, was ar- tice Department and the Homeland Se- ness, not only have we cleansed our Na- rested for murdering a Georgia police curity Department despite being the tional Intelligence Strategy, which is officer. Al-Amoudi was arrested in 2003 subject of FISA wiretap warnings since becoming a misnomer—how can you in a Libyan assassination plot tar- the early 1990s and having his home have intelligence if you’re not allowed geting the Saudi Crown Prince, and raided in 1995. He was still having to recognize your enemy for what your was later identified by the U.S. Treas- meetings at the DOJ, Homeland Secu- enemy calls himself?—our FBI counter- ury as one of al Qaeda’s top fund-rais- rity, and having access to our govern- terrorism lexicon, how it has been ers in the United States. ment’s inner sanctum. As part of a plea cleansed of the terms that those at war At the time of our FBI Director’s agreement, al-Arian admitted to being with us call themselves. speech in 2002, al-Amoudi had been a part of the leadership structure of It is important that we learn from under investigation by the FBI for al- the terrorist group, and they were our mistakes because, if we refuse to most a decade for funneling money be- meeting with him. learn from our mistakes, we’re going to tween Osama bin Laden and the ‘‘Blind In 2008, our FBI director handed one keep making them. Most people have Sheikh.’’ of his Director’s Community Leader- been taught the old adage: ‘‘Those who In October of 2003, just days before ship Awards to Imam Yahya Hendi, refuse to learn from history are des- the ceremony honoring a Detroit Mus- who had testified during al-Arian’s tined to repeat it.’’ We should not have lim leader, Imad Hamad, and bestowing trial as a defense witness. Hendi had to experience another major attack on on him the FBI Director’s award for ex- served as a moderator during a 2000 our own soil and the loss of thousands ceptional public service, the FBI had to fundraiser for the Benevolence Inter- of American lives before we have an- contact Hamad and tell him he wasn’t national Foundation, which was shut other heartbreaking day like Sep- going to receive the reward. down in November 2002 by the U.S. tember 12 of 2001 on which we come to- Government and designated a terrorist gether, embrace, and say we’re not hy- b 1610 organization for its support of al Qaeda phenated Americans—we’re Americans. The FBI initially claimed they had and a number of other Islamic terrorist We are one people, and we will stand decided to give the award to a victim of groups. together. We shouldn’t have to have the 9/11 terror attacks, but later an FBI more Americans killed as they were on spokesman revealed that unflattering An FBI agent testified during the 9/11 to bring us together like that. information about Hamad had been Holy Land Foundation trial that CAIR But I beg, Mr. Speaker, of my col- made public during the deportation was a front for the terrorist group leagues: Let’s help educate our Federal proceedings for one of his close associ- Hamas, and the FBI was publicly Government that it’s okay to call peo- ates. In fact, the INS fought for two forced to sever its ties with CAIR. ple ‘‘radical Islamists’’ if they have decades to deport Hamad for his sus- They had all this information, and yet called themselves that and that it’s pected support for the Popular Front they continued to, as their own infor- okay to describe people in our FBI for the Liberation of Palestine, a des- mation says, partner with CAIR, counterterrorism lexicon and in our in- ignated terrorist organization by this though CAIR—they knew we had evi- telligence materials what the terror- government. That information came to dence—was partnering with terrorists. ists, themselves, call themselves. It’s light not due to any checking or vet- In September of 2010, known Hamas okay, and we won’t be mad at each ting by the FBI, but thanks to an arti- cleric, Mustapha, who was a part of a 6- other when we do that. cle published by the New York Post. week FBI Citizen’s Academy, was What happens when we try to become It brings me back to the point about treated to guided tours at the top-se- too politically correct is that we have a young soldier after the 13 military cret National Counterterrorism Center,

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6630 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 FBI headquarters, and the FBI Acad- table and, under the rule, referred as 5951. A letter from the Acting Under Sec- emy at Quantico. Mustapha’s partici- follows: retary, Department of Defense, transmitting pation in the FBI program came after S. 2224. An act to require the President to the Department’s Fiscal Year 2010-2018 Stra- he was personally named a cocon- report to Congress on issues related to Syria; tegic Workforce Plan; to the Committee on to the Committee on Foreign Affairs. Armed Services. spirator in the Holy Land Foundation 5952. A letter from the Secretary, Depart- trial and after his appointment as a f ment of Health and Human Services, trans- Muslim chaplain to the Illinois State ENROLLED BILL SIGNED mitting a report entitled, ‘‘State High Risk Police had been revoked. Illinois had Pool Grant Program for Federal Fiscal Year already figured out what he was and Karen L. Haas, Clerk of the House, 2010’’; to the Committee on Energy and Com- what he believed before he was given reported and found truly enrolled a bill merce. tours of our top-secret National Coun- of the House of the following title, 5953. A letter from the Director, Regu- terterrorism Center. which was thereupon signed by the latory Management Division, Environmental Protection Agency, transmitting the Agen- Time magazine featured a profile of Speaker: H.R. 2668. An act to designate the station cy’s final rule — Approval and Promulgation Mohamed Majid, imam of the All Dul- of Air Quality Implementation Plans; Indi- les Area Muslim Society—or they call of the United States Border Patrol located at 2136 South Naco Highway in Bisbee, Arizona, ana; Lead Ambient Air Quality Standards themselves ADAMS for short. I’m sure as the ‘‘Brian A. Terry Border Patrol Sta- [EPA-R05-OAR-2010-0100; FRL-9641-8] re- John Adams appreciates that. He is the tion’’. ceived February 18, 2012, pursuant to 5 U.S.C. current president of the Islamic Soci- 801(a)(1)(A); to the Committee on Energy and f ety of North America, which also was a Commerce. named coconspirator to fund terrorism ADJOURNMENT 5954. A letter from the Director, Regu- latory Management Division, Environmental in the Holy Land Foundation trial. And Mr. GOHMERT. Mr. Speaker, I move Protection Agency, transmitting the Agen- both the district court and the Fifth that the House do now adjourn. cy’s final rule — Approval and Promulgation Circuit Court of Appeals examined the The motion was agreed to; accord- of Implementation Plans; Georgia; Atlanta; record and said there is plenty of evi- ingly (at 4 o’clock and 20 minutes Fine Particulate Matter 2002 Base Year dence here to support their being p.m.), under its previous order, the Emissions Inventory [EPA-R04-OAR-2012- named specifically as supporters of ter- House adjourned until tomorrow, Fri- 0050-201207(a); FRL-9639-4] received February rorism. day, May 11, 2012, at 11 a.m. 18, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to But in November 2005, Majid was the Committee on Energy and Commerce. f 5955. A letter from the Director, Regu- awarded by the FBI for the imam’s co- latory Management Division, Environmental operation in the war on terror, claim- EXECUTIVE COMMUNICATIONS, ETC. Protection Agency, transmitting the Agen- ing, ‘‘Majid regularly tips off the Bu- cy’s final rule — Approval and Promulgation reau.’’ But in a letter to the ADAMS Under clause 2 of rule XIV, executive of Implementation Plans; Georgia; Macon; center community the very next day, communications were taken from the Fine Particulate Matter 2001–Base–Year Majid told his mosque Members he did Speaker’s table and referred as follows: Emissions Inventory [EPA-R04-OAR-2011- no such thing. Majid made clear that 5945. A letter from the Director, Regu- 0850-201154(a); FRL-9639-8] received February he never reported on anyone in the latory Management Division, Environmental 18, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to Protection Agency, transmitting the Agen- the Committee on Energy and Commerce. Muslim community and that his rela- 5956. A letter from the Director, Regu- tionship with the FBI was one-sided, cy’s final rule — Thiamethoxam; Pesticide Tolerances [EPA-HQ-OPP-2010-1079; FRL- latory Management Division, Environmental and the outreach meetings, ‘‘are solely 9331-8] received February 18, 2012, pursuant Protection Agency, transmitting the Agen- to create avenues to work with law en- to 5 U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule — Hazardous Waste Manage- forcement to preserve our civil lib- Agriculture. ment System; Identification and Listing of erties and civil rights.’’ Majid has met 5946. A letter from the Director, Regu- Hazardous Waste Exclusion [FDMS Docket with top DOJ officials urging the crim- latory Management Division, Environmental No.: EPA-R08-RCRA-2011-0823; FRL-9640 2] re- inalization of criticism of Islam. It’s Protection Agency, transmitting the Agen- ceived February 18, 2012, pursuant to 5 U.S.C. cy’s final rule — Trifloxystrobin; Pesticide 801(a)(1)(A); to the Committee on Energy and okay to burn a Bible; it’s okay to criti- Commerce. cize Christianity and Judaism; and po- Tolerances [EPA-HQ-OPP-2011-0138; FRL- 9336-5] received February 18, 2012, pursuant 5957. A letter from the Director, Regu- lice allowed people to scream and cuss to 5 U.S.C. 801(a)(1)(A); to the Committee on latory Management Division, Environmental obscenities about God during a prayer Agriculture. Protection Agency, transmitting the Agen- at a Tea Party, but it’s not okay to be 5947. A letter from the Director, Regu- cy’s final rule — Revisions to the California critical of these people. latory Management Division, Environmental State Implementation Plan, Antelope Valley It’s time to wake up. It’s time to set Protection Agency, transmitting the Agen- Air Quality Management District and Mo- political correctness aside. And Mr. cy’s final rule — Trinexapac-ethyl; Pesticide jave Desert Quality Management District [EPA-R09-OAR-2011-0990; FRL-9626-4] re- Speaker, I would ask that this letter, Tolerances [EPA-HQ-OPP-2010-0524; FRL- 9337-9] received February 18, 2012, pursuant ceived February 18, 2012, pursuant to 5 U.S.C. signed by 22,000 Americans begging us to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and to end political correctness that risks Agriculture. Commerce. our liberty, be made a matter of the 5948. A letter from the Acting Under Sec- 5958. A letter from the Director, Regu- RECORD. retary, Department of Defense, transmitting latory Management Division, Environmental With that, Mr. Speaker, I yield back the Department’s Evaluation of the Protection Agency, transmitting the Agen- the balance of my time. TRICARE Program for Fiscal Year 2012, pur- cy’s final rule — Revisions to the California suant to 10 U.S.C. 1073 note; to the Com- State Implementation Plan, Feather River f mittee on Armed Services. Air, Quality Management District [EPA-R09- LEAVE OF ABSENCE 5949. A letter from the Acting Under Sec- OAR-2011-0900; FRL-9626-3] received February retary, Department of Defense, transmitting 18, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to By unanimous consent, leave of ab- the Department’s report presenting the spe- the Committee on Energy and Commerce. sence was granted to: cific amounts of staff-years of technical ef- 5959. A letter from the Secretary, Amer- Mr. HEINRICH (at the request of Ms. fort to be allocated for each defense Feder- ican Battle Monuments Commission, trans- PELOSI) for today after noon. ally Funded Research and Development Cen- mitting the Commission’s FY 2011 Annual Mrs. NAPOLITANO (at the request of ter during fiscal year 2013; to the Committee Report pursuant to Section 203, Title II of Ms. PELOSI) for today after 1 p.m. on on Armed Services. the Notification and Federal Antidiscrimina- account of attending her grandson’s 5950. A letter from the Acting Under Sec- tion and Retaliation (No FEAR) Act; to the graduation. retary, Department of Defense, transmitting Committee on Oversight and Government the Department’s report presenting the spe- Reform. f cific amounts of staff-years of technical ef- 5960. A letter from the Acting Deputy As- SENATE BILL REFERRED fort to be allocated for each defense Feder- sistant Administrator For Regulatory Pro- ally Funded Research and Development Cen- grams, NMFS, National Oceanic and Atmos- A bill of the Senate of the following ter during fiscal year 2013; to the Committee pheric Administration, transmitting the Ad- title was taken from the Speaker’s on Armed Services. ministration’s final rule — Fisheries of the

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6631 Northeastern United States; Atlantic Mack- REPORTS OF COMMITTEES ON methylenedioxymethamphetamine (ecstasy), erel, Squid, and Butterfish Fisheries; Amend- PUBLIC BILLS AND RESOLUTIONS and phencyclidine (PCP) abuse, and for other ment 11; Correction [Docket No.: 0808041037- purposes; to the Committee on Energy and 1649-02] (RIN: 0648-AX05) received April 19, Under clause 2 of rule XIII, reports of Commerce, and in addition to the Committee 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the committees were delivered to the Clerk on the Budget, for a period to be subse- Committee on Natural Resources. for printing and reference to the proper quently determined by the Speaker, in each 5961. A letter from the Acting Director, Of- calendar, as follows: case for consideration of such provisions as fice of Sustainable Fisheries, NMFS, Na- Mr. HASTINGS of Washington: Committee fall within the jurisdiction of the committee tional Oceanic and Atmospheric Administra- on Natural Resources. H.R. 2621. A bill to es- concerned. tion, transmitting the Administration’s final tablish the Chimney Rock National Monu- By Ms. BALDWIN (for herself, Mr. rule — Fisheries of the Northeastern United ment in the State of Colorado, and for other KINZINGER of Illinois, and Mr. States; Summer Flounder Fishery; Quota purposes; with an amendment (Rept. 112–473). REICHERT): Transfer [Docket No.: 111220786-1781-01] (RIN: Referred to the Committee of the Whole H.R. 5712. A bill to authorize the Secretary 0648-XB026) received April 16, 2012, pursuant House on the state of the Union. of Labor to establish a pilot program to have to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. HASTINGS of Washington: Committee community business leaders mentor mem- Natural Resources. on Natural Resources. H.R. 2745. A bill to bers of the Armed Forces under the Transi- 5962. A letter from the Acting Director, Of- amend the Mesquite Lands Act of 1986 to fa- tion Assistance Program, and for other pur- fice of Sustainable Fisheries, NMFS, Na- cilitate implementation of a multispecies poses; to the Committee on Armed Services. tional Oceanic and Atmospheric Administra- habitat conservation plan for the Virgin By Mr. BUTTERFIELD (for himself, tion, transmitting the Administration’s final River in Clark County, Nevada; with an Mr. WATT, and Mr. KISSELL): rule — Fisheries of the Northeastern United amendment (Rept. 112–474). Referred to the H.R. 5713. A bill to amend the Transpor- States; Northeast Multispecies Fishery; Trip Committee of the Whole House on the state tation Equity Act for the 21st Century to en- Limit Adjustments for the Common Pool of the Union. sure that the highest priority consideration Fishery [Docket No.: 0910051338-0151-02] (RIN: Mr. HASTINGS of Washington: Committee is given to local comments when selecting a 0648-XB059) received April 16, 2012, pursuant on Natural Resources. H.R. 3874. A bill to toll pilot project, and for other purposes; to to 5 U.S.C. 801(a)(1)(A); to the Committee on provide for the conveyance of eight ceme- the Committee on Transportation and Infra- Natural Resources. teries that are located on National Forest structure. 5963. A letter from the Director, Adminis- By Mr. MILLER of North Carolina (for trative Office of the United States Courts, System land in Black Hills National Forest, South Dakota; with amendments (Rept. 112– himself and Mr. ELLISON): transmitting the Office’s report entitled, H.R. 5714. A bill to provide for a safe, ac- ‘‘2011 Annual Report of the Director of the 475). Referred to the Committee of the Whole House on the state of the Union. countable, fair, and efficient banking sys- Administrative Office of the U.S. Courts’’; to tem, and for other purposes; to the Com- f the Committee on the Judiciary. mittee on Financial Services. 5964. A letter from the Secretary, Depart- By Mr. ANDREWS: ment of Transportation, transmitting the PUBLIC BILLS AND RESOLUTIONS H.R. 5715. A bill to amend the Pension Pro- Department’s report of obligations and unob- Under clause 2 of rule XII, public tection Act of 2006 to extend special funding ligated balances of funds provided for Fed- bills and resolutions of the following rules for certain plans maintained by com- eral-aid highway and safety construction titles were introduced and severally re- mercial airlines, and for other purposes; to programs for Fiscal Year 2011 as of Sep- ferred, as follows: the Committee on Education and the Work- tember 30, 2011; to the Committee on Trans- force, and in addition to the Committee on portation and Infrastructure. By Mr. BOUSTANY (for himself and 5965. A letter from the Senior Program An- Mr. RICHMOND): Ways and Means, for a period to be subse- alyst, Department of Transportation, trans- H.R. 5708. A bill to prevent the evasion of quently determined by the Speaker, in each mitting the Department’s final rule — antidumping and countervailing duty orders, case for consideration of such provisions as Amendment of Class E Airspace; South Bend, and for other purposes; to the Committee on fall within the jurisdiction of the committee IN [Docket No.: FAA-2011-0250; Airspace Ways and Means. concerned. Docket No. 11-AGL-6] received April 19, 2012, By Mr. LIPINSKI: By Mr. BILBRAY (for himself and Mrs. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 5709. A bill to amend the Public MALONEY): mittee on Transportation and Infrastruc- Health Service Act to provide for the public H.R. 5716. A bill to establish a Skin Cancer ture. disclosure of charges for certain hospital and Research Fund to increase funding for the 5966. A letter from the Senior Program An- ambulatory surgical center treatment epi- conduct or support of research relating to alyst, Department of Transportation, trans- sodes; to the Committee on Energy and Com- skin cancer by the National Institutes of mitting the Department’s final rule — Secu- merce. Health; to the Committee on Energy and rity Considerations for Lavatory Oxygen By Mr. WESTMORELAND (for himself, Commerce, and in addition to the Committee Systems [Docket No.: FAA-2011-0186; Amdt. Mr. BRALEY of Iowa, Mr. PITTS, Mr. on Ways and Means, for a period to be subse- Nos. 21-94,25-133, 121-354, 129-50; SFAR 111] GARRETT, Mr. GOHMERT, Mr. MAN- quently determined by the Speaker, in each (RIN: 2120-AJ92) received April 19, 2012, pur- ZULLO, Mr. COLE, Mr. FLEISCHMANN, case for consideration of such provisions as suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. AUSTIN SCOTT of Georgia, and Mr. fall within the jurisdiction of the committee mittee on Transportation and Infrastruc- KINGSTON): concerned. ture. H.R. 5710. A bill to amend the Energy Pol- By Mrs. NOEM (for herself and Mr. 5967. A letter from the Senior Program An- icy Act of 2005 to establish minimum effi- BERG): alyst, Department of Transportation, trans- ciency standards for self-contained commer- H.R. 5717. A bill to require the Army Corps mitting the Department’s final rule — Re- cial refrigerators and freezers, and to direct of Engineers to notify the public of certain moval of Category IIIa, IIIb, and IIIc Defini- the Department of Energy to establish flood predictions regarding the Missouri tions [Docket No.: FAA-2012-0019; Amdt. No. standards for other related products; to the River System, and for other purposes; to the 1-67] (RIN: 2120-AK03) received April 19, 2012, Committee on Energy and Commerce. Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. CARNAHAN (for himself, Ms. structure. mittee on Transportation and Infrastruc- BASS of California, Mr. BLUMENAUER, By Mr. TOWNS: ture. Mr. CARSON of Indiana, Mr. COHEN, H.R. 5718. A bill to amend the Internal Rev- 5968. A letter from the Assistant Secretary, Mr. CONYERS, Mr. DAVIS of Illinois, enue Code of 1986 to revise the new market Department of Defense, transmitting addi- Mr. FILNER, Mr. GRIJALVA, Ms. HAHN, tax credit rules for population census tracts tional legislative proposals that the Depart- Mr. HASTINGS of Florida, Mr. JACK- with low populations; to the Committee on ment of Defense requests to be enacted dur- SON of Illinois, Ms. JACKSON LEE of Ways and Means. ing the second session of the 112th Congress; Texas, Ms. EDDIE BERNICE JOHNSON of By Mr. RANGEL (for himself, Mr. jointly to the Committees on Armed Serv- Texas, Mr. KUCINICH, Ms. LEE of Cali- MCDERMOTT, Mr. PASCRELL, Mr. ices and Foreign Affairs. fornia, Ms. MCCOLLUM, Ms. NORTON, LEWIS of Georgia, Ms. BERKLEY, Mr. 5969. A letter from the Assistant Secretary, Mr. RANGEL, Mr. REYES, Ms. RICH- NEAL, Mr. LARSON of Connecticut, Department of Defense, transmitting addi- ARDSON, Mr. ROSS of Arkansas, Mr. Mr. GERLACH, and Mr. BLUMENAUER): tional legislative proposals that the Depart- RUSH, Mr. RYAN of Ohio, Mr. SABLAN, H.R. 5719. A bill to amend the Internal Rev- ment of Defense requests to be enacted dur- Ms. SEWELL, Mr. TONKO, Mr. TOWNS, enue Code of 1986 to increase the deduction ing the second session of the 112th Congress; Ms. WATERS, and Ms. WOOLSEY): allowed for student loan interest; to the jointly to the Committees on Appropria- H.R. 5711. A bill to amend the Public Committee on Ways and Means. tions, Armed Services, Foreign Affairs, Intel- Health Service Act to provide grants for By Mr. CARNEY (for himself, Mr. ligence (Permanent Select), and the Judici- treatment of heroin, cocaine, methamphet- PETERS, Mr. RENACCI, Mr. OWENS, Mr. ary. amine, 3,4- MEEHAN, and Mr. DOLD):

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6632 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 H.R. 5720. A bill to establish procedures for sions as fall within the jurisdiction of the about the United States intended primarily the presentation and expedited consideration committee concerned. for foreign audiences, and for other purposes; by Congress of the recommendations in the By Mr. KING of Iowa (for himself, Mr. to the Committee on Foreign Affairs. Federal Regulatory Reform Report prepared SMITH of New Jersey, Mr. PITTS, Mr. By Mr. CANSECO (for himself, Mr. by the Office of Information and Regulatory JONES, Mr. HULTGREN, Mr. HUIZENGA HINOJOSA, Mr. POSEY, Mr. CUELLAR, Affairs, and for other purposes; to the Com- of Michigan, Mr. MURPHY of Pennsyl- and Mr. WESTMORELAND): mittee on Oversight and Government Re- vania, Mr. LANKFORD, Mr. GOHMERT, H.J. Res. 108. A joint resolution providing form, and in addition to the Committee on Mr. CANSECO, Mr. ROSS of Florida, for congressional disapproval under chapter 8 Rules, for a period to be subsequently deter- Mr. LANDRY, Mr. LIPINSKI, Mrs. of title 5, United States Code, of the rules mined by the Speaker, in each case for con- MYRICK, Mrs. SCHMIDT, Mr. BENISHEK, submitted by the Department of the Treas- sideration of such provisions as fall within Mrs. HARTZLER, Mr. JOHNSON of Ohio, ury and the Internal Revenue Service relat- the jurisdiction of the committee concerned. Mr. MCHENRY, Mr. SOUTHERLAND, Mr. ing to the reporting requirements for inter- By Mr. COHEN: DUNCAN of South Carolina, Mr. est that relates to deposits maintained at H.R. 5721. A bill to suspend temporarily the HUELSKAMP, Mr. PEARCE, Mr. MAN- United States offices of certain financial in- duty on certain electric cooktops; to the ZULLO, Mr. COLE, Mr. FLEISCHMANN, stitutions and is paid to certain nonresident Committee on Ways and Means. Mr. DESJARLAIS, Mr. ROE of Ten- alien individuals; to the Committee on Ways By Mr. DAVIS of Kentucky: nessee, Mr. NEUGEBAUER, Mr. and Means. H.R. 5722. A bill to suspend temporarily the SCHWEIKERT, Mrs. ELLMERS, Mr. GAR- By Mr. FRANKS of Arizona (for him- duty on strontium europium halophosphate RETT, Mr. FLORES, Mr. HARRIS, Mrs. self, Mr. MCDERMOTT, Ms. LEE of for use in the production of fluorescent BLACK, Mr. JORDAN, Mr. MARCHANT, California, Mr. WAXMAN, Ms. MCCOL- lamps; to the Committee on Ways and Mrs. BLACKBURN, Mr. BARTLETT, Mr. LUM, Ms. WATERS, Ms. CLARKE of New Means. SCOTT of South Carolina, Mr. BRADY York, Ms. BORDALLO, Mr. GRIJALVA, By Mr. DAVIS of Kentucky: of Texas, Mrs. BACHMANN, Mr. FLEM- Ms. MOORE, Mr. BERMAN, Mr. JACK- H.R. 5723. A bill to suspend temporarily the ING, Mr. MILLER of Florida, Mr. SON of Illinois, Ms. JACKSON LEE of duty on Yttrium europium oxide for use in KELLY, Mr. MCCOTTER, Mr. LAMBORN, Texas, Ms. WOOLSEY, Ms. HAHN, Mr. the production of fluorescent lamps; to the and Mr. BROUN of Georgia): MARINO, Mr. CARTER, and Mr. MCGOV- Committee on Ways and Means. H.R. 5731. A bill to prohibit Federal assist- ERN): By Mr. DAVIS of Kentucky: ance for telemedicine abortions and to ban H. Con. Res. 123. Concurrent resolution rec- H.R. 5724. A bill to suspend temporarily the interstate abortions using telemedicine tech- ognizing the potential for the virtual elimi- duty on on Barium magnesium aluminum nology; to the Committee on the Judiciary, nation of pediatric HIV and AIDS and keep- oxide for use in the production of fluorescent and in addition to the Committees on Agri- ing HIV positive mothers alive; to the Com- lamps; to the Committee on Ways and culture, Energy and Commerce, and Natural mittee on Energy and Commerce, and in ad- Means. Resources, for a period to be subsequently dition to the Committee on Foreign Affairs, By Mr. DAVIS of Kentucky: determined by the Speaker, in each case for for a period to be subsequently determined H.R. 5725. A bill to suspend temporarily the consideration of such provisions as fall with- by the Speaker, in each case for consider- duty on Calcium chloride phosphate acti- in the jurisdiction of the committee con- ation of such provisions as fall within the ju- vated by manganese and/or antimony for use cerned. risdiction of the committee concerned. in the production of fluorescent lamps; to By Mr. LOEBSACK: By Mr. BARROW: the Committee on Ways and Means. H.R. 5732. A bill to authorize a competitive H. Res. 649. A resolution expressing the By Mr. DAVIS of Kentucky: grant program to implement and evaluate sense of the House of Representatives that H.R. 5726. A bill to suspend temporarily the digital learning in rural locales; to the Com- Congress should work to eliminate the facili- duty on Lanthanum phosphate for use in the mittee on Education and the Workforce. tated sexual exploitation and trafficking of production of fluorescent lamps; to the Com- By Mrs. MALONEY: minors over the Internet; to the Committee mittee on Ways and Means. H.R. 5733. A bill to suspend temporarily the on the Judiciary. By Ms. DELAURO (for herself and Mr. duty on instant print film for analog photog- By Mrs. MALONEY (for herself, Mr. BRALEY of Iowa): raphy; to the Committee on Ways and BILIRAKIS, Mr. SARBANES, Mr. PAL- H.R. 5727. A bill to rebuild the American Means. LONE, Mr. SIRES, Mr. GRIMM, Ms. LEE middle class by creating jobs, investing in By Mr. ROHRABACHER: of California, Mr. JACKSON of Illinois, our future, building opportunity for working H.R. 5734. A bill to provide compensation and Mr. MCGOVERN): families, and restoring balance to the tax for the deadly acts by elements of the Paki- H. Res. 650. A resolution expressing the code; to the Committee on Ways and Means, stani military and intelligence services sense of the House of Representatives that and in addition to the Committees on Edu- against United States citizens; to the Com- the former Yugoslav Republic of Macedonia cation and the Workforce, Energy and Com- mittee on Foreign Affairs, and in addition to should work within the framework of the merce, Agriculture, Transportation and In- the Committee on Armed Services, for a pe- United Nations process with Greece to frastructure, Financial Services, Science, riod to be subsequently determined by the achieve longstanding United States and Space, and Technology, Small Business, the Speaker, in each case for consideration of United Nations policy goals of finding a mu- Judiciary, Rules, Oversight and Government such provisions as fall within the jurisdic- tually acceptable name, for all uses, for the Reform, and House Administration, for a pe- tion of the committee concerned. former Yugoslav Republic of Macedonia; to riod to be subsequently determined by the By Mr. STIVERS (for himself and Mr. the Committee on Foreign Affairs. Speaker, in each case for consideration of REYES): By Mr. HOLT (for himself, Ms. CHU, such provisions as fall within the jurisdic- H.R. 5735. A bill to provide for the estab- Mr. ELLISON, Ms. SCHAKOWSKY, Mr. tion of the committee concerned. lishment of a Tomb of Remembrance at Ar- JACKSON of Illinois, Mr. MCDERMOTT, By Mr. GERLACH: lington National Cemetery for interment of Mr. HONDA, and Mr. MORAN): H.R. 5728. A bill to extend the temporary cremated fragments of the remains of mem- H. Res. 651. A resolution expressing the reduction of duty on Acephate; to the Com- bers of the Armed Forces killed in Afghani- sense of the House of Representatives regard- mittee on Ways and Means. stan, Iraq, or a subsequent conflict when the ing the illicit ethnic and religious profiling By Ms. HANABUSA: fragments are unidentifiable by use of DNA and surveillance of Muslim American com- H.R. 5729. A bill to amend the Small Busi- testing or other means because of the condi- munities by the New York Police Depart- ness Act to permit Native Hawaiian Organi- tion of the fragments, are unclaimed, or are ment; to the Committee on the Judiciary. zations to have status as HUBZone small identified and authorized by the person des- By Mr. BACA: business concerns, and for other purposes; to ignated to direct disposition of the remains H. Res. 652. A resolution recognizing the the Committee on Small Business. for internment in such memorial; to the need to pursue research into the causes, a By Mr. HUIZENGA of Michigan: Committee on Armed Services, and in addi- treatment, and an eventual cure for H.R. 5730. A bill to amend title XVIII of the tion to the Committee on Veterans’ Affairs, rhabdomyosarcoma, supporting the goals Social Security Act to make publicly avail- for a period to be subsequently determined and ideals of the Claire Frick able on the official Medicare Internet site by the Speaker, in each case for consider- Rhabdomyosarcoma Awareness Month, and medicare payment rates for frequently reim- ation of such provisions as fall within the ju- for other purposes; to the Committee on En- bursed hospital inpatient procedures, hos- risdiction of the committee concerned. ergy and Commerce. pital outpatient procedures, and physicians’ By Mr. THORNBERRY (for himself and By Ms. BERKLEY: services; to the Committee on Ways and Mr. SMITH of Washington): H. Res. 653. A resolution recognizing the Means, and in addition to the Committee on H.R. 5736. A bill to amend the United goals of National Travel and Tourism Week Energy and Commerce, for a period to be States Information and Educational Ex- and honoring the valuable contributions of subsequently determined by the Speaker, in change Act of 1948 to authorize the domestic travel and tourism to the United States; to each case for consideration of such provi- dissemination of information and material the Committee on Energy and Commerce.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6633 By Mr. HONDA (for himself, Mr. To regulate Commerce with foreign Na- By Mr. RANGEL: CLARKE of Michigan, Mr. tions, and among the several States, and H.R. 5719. FALEOMAVAEGA, Mr. SABLAN, and Ms. with the Indian Tribes; Congress has the power to enact this legis- RICHARDSON): By Mr. LIPINSKI: lation pursuant to the following: H. Res. 654. A resolution recognizing the H.R. 5709. Article XVI of the Constitution—Congress immense impact that Bruce Jun Fan Lee had Congress has the power to enact this legis- shall have power to lay and collect taxes on on American and global popular culture and lation pursuant to the following: incomes . . . the important role he played in creating a Clause 1 of Section 8 of Article I of the By Mr. CARNEY: bridge between cultures, championing values Constitution of the United States grants the H.R. 5720. of self-respect, self-discipline, and tolerance Congress the power to enact this law. Congress has the power to enact this legis- in our Nation, and pioneering and culti- By Mr. WESTMORELAND: lation pursuant to the following: vating the genres of martial arts, martial H.R. 5710. Clause 2 of Section 3 of Article IV, arts films, fitness and philosophy in the Congress has the power to enact this legis- Clause 8 of Section 8 of Article I, United States and the world; to the Com- lation pursuant to the following: Clause 18 of Section 8 of Article I, mittee on Oversight and Government Re- Congress has the power to enact legislation Clause 3 of Section 8 of Article I, form. pertaining to the rules and regulations for Clause 6 of Section 8 of Article I of the Constitution. By Mr. MORAN (for himself, Mr. LAR- property owned by the United States pursu- By Mr. COHEN: SEN of Washington, Mr. DEUTCH, Mr. ant to Article IV, Section 3, Clause 2 of the H.R. 5721. MCGOVERN, Ms. MCCOLLUM, Mr. Constitution. Congress has the power to enact this legis- REYES, Mr. KUCINICH, Mr. ELLISON, By Mr. CARNAHAN: lation pursuant to the following: Ms. BORDALLO, Ms. SEWELL, Mr. H.R. 5711. Clause 1 of Article I, Section 8 of the SABLAN, Ms. WATERS, Mr. SERRANO, Congress has the power to enact this legis- United States Constitution. Ms. WOOLSEY, and Ms. NORTON): lation pursuant to the following: By Mr. DAVIS of Kentucky: H. Res. 655. A resolution expressing support Article I, Section 1. ‘‘All legislative Powers H.R. 5722. for the designation of June 7, 2012, as Na- herein granted shall be vested in a Congress Congress has the power to enact this legis- tional Hunger Awareness Day; to the Com- of the United States, which shall consist of a lation pursuant to the following: mittee on Oversight and Government Re- Senate and a House of Representatives.’’ Article I, Section 8, Clause 1 form. By Ms. BALDWIN: The Congress shall have Power To lay and H.R. 5712. f collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- to pay the Debts and provide for the common MEMORIALS lation pursuant to the following: Defence and general Welfare of the United Congress has the power to enact this legis- Under clause 4 of rule XXII, memo- States; but all Duties, Imposts and Excises lation pursuant to Article 1, Section 8 of the shall be uniform throughout the United rials were presented and referred as fol- Constitution of the United States. lows: States; By Mr. BUTTERFIELD: By Mr. DAVIS of Kentucky: 202. The SPEAKER presented a memorial H.R. 5713. H.R. 5723. of the House of Representatives of the State Congress has the power to enact this legis- Congress has the power to enact this legis- of Wyoming, relative to Joint Resolution No. lation pursuant to the following: lation pursuant to the following: 1 urging the Congress to pass a comprehen- Under Article I, Section 8, Clause 1 of the Article I, Section 8, Clause 1 sive and aggressive budget resolution; to the Constitution. Congress has the power to col- The Congress shall have Power To lay and Committee on the Budget. lect taxes and expend funds to provide for collect Taxes, Duties, Imposts and Excises, 203. Also, a memorial of the House of Rep- the general welfare of the United States. to pay the Debts and provide for the common resentatives of the State of Wyoming, rel- Under Article I, Section 8, Clause 18 of Sec- Defence and general Welfare of the United ative to Joint Resolution No. 5 calling all tion 8 of the Constitution, Congress may States; but all Duties, Imposts and Excises Americans to defend our freedom of religion make all laws which shall be necessary and shall be uniform throughout the United by opposing this mandate; to the Committee proper for carrying into execution its powers States; on Energy and Commerce. and all—powers vested by the Constitution By Mr. DAVIS of Kentucky: 204. Also, a memorial of the Senate of the in the government of United States. H.R. 5724. State of Rhode Island, relative to Senate By Mr. MILLER of North Carolina: Congress has the power to enact this legis- Resolution urging the Congress and the H.R. 5714. lation pursuant to the following: President to make the Republic of Poland el- Congress has the power to enact this legis- Article I, Section 8, Clause 1 igible for the United States Department of lation pursuant to the following: The Congress shall have Power To lay and State’s Visa Waiver Program; to the Com- Article I Section 8. collect Taxes, Duties, Imposts and Excises, mittee on the Judiciary. By Mr. ANDREWS: to pay the Debts and provide for the common 205. Also, a memorial of the Senate of the H.R. 5715. Defence and general Welfare of the United State of Arizona, relative to Senate Concur- Congress has the power to enact this legis- States; but all Duties, Imposts and Excises rent Memorial 1007 urging the Congress to lation pursuant to the following: shall be uniform throughout the United adopt a Veterans Remembered Flag; to the Congress has the power to enact this legis- States; Committee on Veterans’ Affairs. lation pursuant to the following: Article I, By Mr. DAVIS of Kentucky: Section 8, Clause 3. H.R. 5725. f By Mr. BILBRAY: Congress has the power to enact this legis- CONSTITUTIONAL AUTHORITY H.R. 5716. lation pursuant to the following: STATEMENT Congress has the power to enact this legis- Article I, Section 8, Clause 1 lation pursuant to the following: The Congress shall have Power To lay and Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- collect Taxes, Duties, Imposts and Excises, the Rules of the House of Representa- lation pursuant to the following: Article I to pay the Debts and provide for the common tives, the following statements are sub- Section 8 Clause 8 of the U.S. Constitution Defence and general Welfare of the United mitted regarding the specific powers which reads that Congress has the power ‘‘To States; but all Duties, Imposts and Excises granted to Congress in the Constitu- promote the Progress of Science and useful shall be uniform throughout the United Arts.’’ tion to enact the accompanying bill or States; By Mrs. NOEM: By Mr. DAVIS of Kentucky: joint resolution. H.R. 5717. H.R. 5726. By Mr. BOUSTANY: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 5708. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8, Clause 14: To make Article I, Section 8, Clause 1 lation pursuant to the following: rules for the Government and regulation of The Congress shall have Power To lay and Article 1; Section 8; Clauses 1 & 3: the land and naval forces. collect Taxes, Duties, Imposts and Excises, The Congress shall have Power To lay and By Mr. TOWNS: to pay the Debts and provide for the common collect Taxes, Duties, Imposts and Excises, H.R. 5718. Defence and general Welfare of the United to pay the Debts and provide for the common Congress has the power to enact this legis- States; but all Duties, Imposts and Excises Defence and general Welfare of the United lation pursuant to the following: shall be uniform throughout the United States; but all Duties, Imposts and Excises This bill is enacted under the constitu- States; shall be uniform throughout the United tional authority of Article I, Section 8, By Ms. DELAURO: States; Clause 1. H.R. 5727.

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Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 3307: Mr. REHBERG. lation pursuant to the following: lation pursuant to the following: H.R. 3316: Mr. CONYERS. Article I, Section 8, Clause 1 and Article I, Congress has authority to enact this legis- H.R. 3317: Mr. CONYERS. Section 8, Clause 3 of the U.S. Constitution. lation pursuant to Article I, Section 8, H.R. 3364: Mr. MURPHY of Connecticut and By Mr. GERLACH: Clause 3 of the constitution. Should this IRS Mr. ROGERS of Kentucky. H.R. 5728. rule go into effect, commerce will likely be H.R. 3423: Mr. BONNER, Mr. MATHESON, Mr. Congress has the power to enact this legis- significantly impacted as deposits are pulled TIERNEY, Mr. GERLACH, Mr. FORBES, Mr. lation pursuant to the following: from U.S. financial institutions, thereby de- WOMACK, and Mr. COOPER. The Congress enacts this bill pursuant to creasing capital available for lending. H.R. 3435: Mr. KIND. Clause 1 of Section 8 of Article I of the H.R. 3487: Mr. ROGERS of Michigan. f United States Constitution. H.R. 3506: Ms. BALDWIN, Ms. HERRERA By Ms. HANABUSA: ADDITIONAL SPONSORS BEUTLER, and Mr. CONNOLLY of Virginia. H.R. 5729. H.R. 3511: Mr. BUCSHON and Mr. MILLER of Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors Florida. lation pursuant to the following: were added to public bills and resolu- H.R. 3596: Ms. MATSUI. Article I, Section 8, Clause 3, to regulate tions as follows: H.R. 3599: Ms. BONAMICI. Commerce with foreign Nations, and among H.R. 139: Ms. EDWARDS. H.R. 3600: Mr. PAUL. the several States, and with the Indian H.R. 157: Mr. SULLIVAN and Mr. SCALISE. H.R. 3612: Mr. HINOJOSA and Mr. AMODEI. Tribes; and Article I, Section 8, Clause 18 to H.R. 436: Ms. HERRERA BEUTLER. H.R. 3619: Mr. KUCINICH, Mr. CAPUANO, and make all Laws which shall be necessary and H.R. 459: Mr. DANIEL E. LUNGREN of Cali- Mr. CONYERS. proper for carrying into Execution the fore- fornia and Mr. WEBSTER. H.R. 3656: Mr. HINOJOSA. H.R. 3665: Ms. WATERS and Mr. DEFAZIO. going Powers, and all other Powers vested by H.R. 668: Mr. PLATTS. H.R. 3679: Mr. WALDEN. this Constitution in the Government of the H.R. 750: Mr. OLSON. H.R. 3713: Ms. ESHOO. United States, or in any Department or Offi- H.R. 860: Mr. FITZPATRICK and Mr. ROGERS H.R. 3798: Mrs. NAPOLITANO. cer thereof. of Kentucky. H.R. 3811: Mr. NEUGEBAUER. By Mr. HUIZENGA of Michigan: H.R. 931: Mr. FLEMING and Mr. NEUGE- H.R. 3839: Mr. WELCH and Mr. BISHOP of H.R. 5730. BAUER. Georgia. Congress has the power to enact this legis- H.R. 1005: Mr. FILNER and Mr. JOHNSON of H.R. 3855: Mr. MCCOTTER. lation pursuant to the following: Ohio. Article 1, Section 8, Clause 3, which states H.R. 3856: Mr. NUGENT. H.R. 1068: Mr. ANDREWS. Congress has the power to ‘‘regulate Com- H.R. 3862: Mr. SCALISE. H.R. 1085: Mr. DINGELL. merce . . . among the several states.’’ H.R. 3863: Mr. BENISHEK. H.R. 1092: Mr. RIGELL. By Mr. KING of Iowa: H.R. 3993: Ms. HIRONO and Mr. BENISHEK. H.R. 1116: Mrs. CHRISTENSEN and Mr. DICKS. H.R. 5731. H.R. 4017: Mr. SCHIFF. H.R. 1167: Mr. BENISHEK. Congress has the power to enact this legis- H.R. 4045: Mr. KIND. H.R. 1219: Ms. BONAMICI and Mr. BENISHEK. lation pursuant to the following: H.R. 4046: Mr. MILLER of Florida. H.R. 1260: Mr. JOHNSON of Ohio. Because this legislation provides limita- H.R. 4055: Mr. OWENS, Ms. PINGREE of H.R. 1327: Mr. FORBES. tions for how the federal government spends Maine, Mr. HIGGINS, Mr. CASSIDY, Mr. JACK- H.R. 1342: Mr. CARTER. money, it is authorized by the Constitution SON of Illinois, and Mr. SMITH of Washington. H.R. 1370: Mr. GINGREY of Georgia. under Article 1, Section 8, Clause 1, which H.R. 4066: Mr. HARRIS, Mr. BENISHEK, and H.R. 1375: Ms. HAHN and Mrs. MALONEY. grants Congress its spending power. Mr. GERLACH. H.R. 1416: Mr. PETERSON. Because this legislation prohibits a certain H.R. 4093: Mr. NUGENT. H.R. 1417: Mr. CLAY. interstate commercial activity, it is author- H.R. 4107: Mr. AMODEI. H.R. 1648: Mr. PETERS. ized by the Constitution under Article 1, Sec- H.R. 4120: Mr. GERLACH, Mr. JACKSON of Il- H.R. 1653: Ms. SEWELL. tion 8, Clause 3 which grants Congress the linois, and Mr. TURNER of New York. H.R. 1756: Mr. TURNER of New York. power to regulate commerce among the sev- H.R. 4134: Mr. DINGELL. H.R. 1802: Mr. GRIJALVA, Mr. PALLONE, and eral states. H.R. 4156: Mr. WOLF. Mr. LATHAM. By Mr. LOEBSACK: H.R. 4160: Mr. FLAKE. H.R. 1810: Mr. NEAL and Mr. NUNES. H.R. 5732. H.R. 4169: Mr. MARINO. Congress has the power to enact this legis- H.R. 1867: Mr. SCHIFF. H.R. 4174: Mr. YODER and Mr. BUTTERFIELD. lation pursuant to the following: H.R. 1956: Mr. SMITH of Texas, Mr. GER- H.R. 4176: Mrs. MCCARTHY of New York and Article I, Section 8, Clause I of the Con- LACH, Mr. QUAYLE, Mr. MULVANEY, and Mr. Mr. YODER. stitution which grants Congress the power to BARTLETT. H.R. 4180: Mr. LANCE, Mr. CONAWAY, and provide for the general Welfare of the United H.R. 1960: Mr. JOHNSON of Ohio. Mr. MARCHANT. States. H.R. 2028: Ms. RICHARDSON, Mr. JACKSON of H.R. 4228: Mr. OLSON. By Mrs. MALONEY: Illinois, Ms. NORTON, Ms. BORDALLO, and Ms. H.R. 4232: Mr. FORBES and Mr. TIBERI. H.R. 5733. WATERS. H.R. 4234: Mr. KISSELL. Congress has the power to enact this legis- H.R. 2077: Mr. BILBRAY. H.R. 4237: Mr. MILLER of Florida. lation pursuant to the following: H.R. 2082: Mr. CROWLEY. H.R. 4238: Mr. JACKSON of Illinois. Article I, Section 8, Clause 1 The Congress H.R. 2140: Ms. RICHARDSON. H.R. 4256: Mr. TIBERI. shall have Power to lay and collect Taxes, H.R. 2152: Mr. MURPHY of Connecticut, Ms. H.R. 4269: Mr. POSEY, Mr. ROE of Ten- Duties, Imposts and Excises, to pay the HAHN, and Mr. RICHMOND. nessee, and Mrs. ELLMERS. Debts and provide for the common Defence H.R. 2187: Ms. MOORE. H.R. 4271: Mr. DINGELL, Ms. ESHOO, and Mr. and general Welfare of the United States; but H.R. 2197: Mr. KUCINICH and Ms. SUTTON. DOYLE. all Duties, Imposts and Excises shall be uni- H.R. 2245: Mr. BISHOP of Georgia. H.R. 4278: Mr. GRIFFITH of Virginia. form throughout the United States. H.R. 2268: Mr. FORBES. H.R. 4286: Mr. OLVER, Mr. RANGEL, and Mr. By Mr. ROHRABACHER: H.R. 2304: Mr. AUSTIN SCOTT of Georgia. BOSWELL. H.R. 5734. H.R. 2315: Mr. GUTIERREZ and Mr. CONYERS. H.R. 4287: Mr. BACA, Mr. TOWNS, and Mrs. Congress has the power to enact this legis- H.R. 2368: Mr. CONYERS. NAPOLITANO. lation pursuant to the following: H.R. 2595: Mr. MILLER of North Carolina H.R. 4298: Mr. GRIFFITH of Virginia. Article I, Section 8, Clause 18. and Mrs. DAVIS of California. H.R. 4318: Mr. CONYERS. By Mr. STIVERS: H.R. 2654: Mr. CONYERS. H.R. 4330: Mr. LOEBSACK. H.R. 5735. H.R. 2697: Ms. EDDIE BERNICE JOHNSON of H.R. 4336: Mr. POSEY. Congress has the power to enact this legis- Texas. H.R. 4343: Mr. POSEY. lation pursuant to the following: H.R. 2962: Ms. BUERKLE. H.R. 4350: Mr. SOUTHERLAND and Mr. Article I, Section 8, Clause 12 of the United H.R. 2964: Mr. DUNCAN of Tennessee. SCHIFF. States Constitution H.R. 3168: Mr. PITTS. H.R. 4367: Mr. POSEY, Mr. MICHAUD, Mr. By Mr. THORNBERRY: H.R. 3187: Mr. CLARKE of Michigan and Mr. PRICE of Georgia, and Mr. GRIFFIN of Arkan- H.R. 5736. MILLER of Florida. sas. Congress has the power to enact this legis- H.R. 3192: Mr. MCCOTTER. H.R. 4380: Mr. OLVER. lation pursuant to the following: H.R. 3199: Mr. HANNA. H.R. 4385: Mr. FARENTHOLD, Mr. CULBER- Article I, Section 8 of the United States H.R. 3238: Mr. RANGEL and Mr. JACKSON of SON, Mrs. BLACKBURN, Mr. PRICE of Georgia, Constitution Illinois. Mr. JORDAN, Mr. PENCE, Mr. PITTS, Mr. By Mr. CANSECO: H.R. 3269: Mr. HUELSKAMP, Mr. FILNER, Mr. STEARNS, Mr. SCALISE, Mr. FINCHER, Mr. H.J. Res. 108. CHABOT, and Mr. JOHNSON of Georgia. OLSON, Mr. CONAWAY, and Mr. JONES.

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H.R. 4386: Mrs. ELLMERS. SEC. 2. TABLE OF CONTENTS. Sec. 334. No cause of action. H.R. 4390: Mr. JACKSON of Illinois. Sec. 1. Short title. Sec. 335. Authority for the corps of engi- H.R. 4399: Ms. JENKINS. Sec. 2. Table of contents. neers to provide specialized or H.R. 4402: Mr. HECK, Mr. LONG, and Mr. TITLE I—BUDGET PROCESS AMEND- technical services. JONES. MENTS TO REPLACE FISCAL YEAR 2013 TITLE IV—OIL AND GAS SUBSIDIES H.R. 4405: Ms. JENKINS, Ms. SCHAKOWSKY, SEQUESTRATION and Mr. WILSON of South Carolina. Sec. 401. Limitation on section 199 deduction H.R. 4406: Mr. RYAN of Ohio, Mr. LATOU- Sec. 101. Repeal and replace the 2013 seques- attributable to oil, natural gas, RETTE, Ms. KAPTUR, Mr. KELLY, Mr. MCCOT- ter. or primary products thereof. TER, and Mr. BENISHEK. Sec. 102. Protecting veterans programs from Sec. 402. Prohibition on using last-in, first- H.R. 4454: Mr. MILLER of Florida. sequester. out accounting for major inte- H.R. 4534: Mr. OLVER. TITLE II—AGRICULTURAL SAVINGS grated oil companies. Sec. 403. Modifications of foreign tax credit H.R. 4711: Mr. NEAL. Sec. 201. One-year extension of agricultural H.R. 4712: Mr. NEAL. rules applicable to major inte- commodity programs, except H.R. 4713: Mr. NEAL. grated oil companies which are direct payment programs. H.R. 4714: Mr. NEAL. dual capacity taxpayers. TITLE III—FLOOD INSURANCE REFORM H.R. 4826: Mr. COSTELLO. TITLE V—THE BUFFETT RULE H.R. 4972: Mr. NADLER. Sec. 301. Short title. H.R. 4976: Mr. HECK, Mr. LONG, and Mr. Sec. 302. Extensions. Sec. 501. Fair share tax on high-income tax- JONES. Sec. 303. Mandatory purchase. payers. H.R. 4978: Mr. RANGEL. Sec. 304. Reforms of coverage terms. TITLE VI—RETIREMENT CONTRIBUTIONS H.R. 5044: Mr. JOHNSON of Ohio, Mr. MILLER Sec. 305. Reforms of premium rates. FOR MEMBERS OF CONGRESS of Florida, and Mr. SCALISE. Sec. 306. Technical Mapping Advisory Coun- Sec. 601. Retirement contributions. H.R. 5050: Mr. HINCHEY and Mr. GRIMM. cil. TITLE I—BUDGET PROCESS AMENDMENTS H.R. 5144: Mr. LONG and Ms. JACKSON LEE Sec. 307. FEMA incorporation of new map- TO REPLACE FISCAL YEAR 2013 SEQUES- of Texas. ping protocols. H.R. 5188: Ms. NORTON, Mr. RANGEL, and Sec. 308. Treatment of levees. TRATION Mr. KILDEE. Sec. 309. Privatization initiatives. SEC. 101. REPEAL AND REPLACE THE 2013 SE- H.R. 5303: Mr. ACKERMAN and Mr. WILSON of Sec. 310. FEMA annual report on insurance QUESTER. South Carolina. program. (a) ELIMINATION OF THE FISCAL YEAR 2013 H.R. 5542: Mr. DINGELL. Sec. 311. Mitigation assistance. SEQUESTRATION FOR DISCRETIONARY SPEND- H.R. 5544: Mr. KLINE. Sec. 312. Notification to homeowners regard- ING.—Section 251A(7)(A) of the Balanced H.R. 5647: Mr. MURPHY of Connecticut and ing mandatory purchase re- Budget and Emergency Deficit Control Act Mr. POLIS. quirement applicability and of 1985 is repealed. H.J. Res. 13: Mr. GRIFFIN of Arkansas. rate phase-ins. (b) ELIMINATION OF THE FISCAL YEAR 2013 H.J. Res. 92: Mr. CONYERS. Sec. 313. Notification to members of con- SEQUESTRATION FOR DIRECT SPENDING.—Any H.J. Res. 104: Mr. PETERSON. gress of flood map revisions and sequestration order issued by the President H. Con. Res. 107: Mr. GRIJALVA. updates. under the Balanced Budget and Emergency H. Con. Res. 115: Mr. CALVERT, Mr. LUCAS, Sec. 314. Notification and appeal of map Deficit Control Act of 1985 to carry out re- Mr. YOUNG of Florida, and Mr. MCCOTTER. changes; notification to com- ductions to direct spending for fiscal year H. Res. 111: Mr. CONYERS, Mr. PLATTS, Mr. munities of establishment of 2013 pursuant to section 251A of such Act BRALEY of Iowa, Mr. ENGEL, and Mr. MICA. flood elevations. shall have no force or effect. H. Res. 521: Mrs. MALONEY and Mr. LEVIN. Sec. 315. Notification to tenants of avail- (c) SAVINGS.—The savings set forth by the H. Res. 560: Mr. CICILLINE. ability of contents insurance. enactment of title II shall achieve the sav- H. Res. 568: Mr. BOUSTANY, Mr. FRANKS of Sec. 316. Notification to policy holders re- ings that would otherwise have occurred as a Arizona, Mr. NEUGEBAUER, and Mrs. SCHMIDT. garding direct management of result of the sequestration under section H. Res. 618: Mr. WITTMAN. policy by FEMA. 251A of the Balanced Budget and Emergency H. Res. 644: Mr. FARR, Mr. GERLACH, Mr. Sec. 317. Notice of availability of flood in- Deficit Control Act of 1985. BISHOP of Georgia, and Mr. POSEY. surance and escrow in RESPA SEC. 102. PROTECTING VETERANS PROGRAMS f good faith estimate. FROM SEQUESTER. DELETIONS OF SPONSORS FROM Sec. 318. Reimbursement for costs incurred Section 256(e)(2)(E) of the Balanced Budget PUBLIC BILLS AND RESOLUTIONS by homeowners and commu- and Emergency Deficit Control Act of 1985 is nities obtaining letters of map repealed. Under clause 7 of rule XII, sponsors amendment or revision. TITLE II—AGRICULTURAL SAVINGS were deleted from public bills and reso- Sec. 319. Enhanced communication with cer- lutions as follows: tain communities during map SEC. 201. ONE-YEAR EXTENSION OF AGRICUL- updating process. TURAL COMMODITY PROGRAMS, EX- H.R. 4004: Mr. COLE. CEPT DIRECT PAYMENT PROGRAMS. Sec. 320. Notification to residents newly in- (a) EXTENSION.—Except as provided in sub- f cluded in flood hazard areas. section (b) and notwithstanding any other PETITIONS, ETC. Sec. 321. Treatment of swimming pool enclo- sures outside of hurricane sea- provision of law, the authorities provided by Under clause 3 of rule XII, son. each provision of title I of the Food, Con- 43. The SPEAKER presented a petition of Sec. 322. Information regarding multiple servation, and Energy Act of 2008 (Public Representative Joe Gibbons of the Florida perils claims. Law 110–246; 122 Stat. 1651) and each amend- House of Representatives, Florida, relative Sec. 323. FEMA authority to reject transfer ment made by that title (and for mandatory to urging the Congress to review and act on of policies. programs at such funding levels), as in effect recommendations made by the Blue Ribbon Sec. 324. Appeals. on September 30, 2012, shall continue, and Commission on America’s Nuclear Future Sec. 325. Reserve fund. the Secretary of Agriculture shall carry out (BRC); which was referred to the Committee Sec. 326. CDBG eligibility for flood insur- the authorities, until September 30, 2013. ERMINATION OF DIRECT PAYMENT PRO- on Energy and Commerce. ance outreach activities and (b) T community building code ad- GRAMS.— f ministration grants. (1) COVERED COMMODITIES.—The extension AMENDMENTS Sec. 327. Technical corrections. provided by subsection (a) shall not apply Sec. 328. Requiring competition for national with respect to the direct payment program Under clause 8 of rule XVIII, pro- flood insurance program poli- under section 1103 of the Food, Conservation, posed amendments were submitted as cies. and Energy Act of 2008 (7 U.S.C. 8713). follows: Sec. 329. Studies of voluntary community- (2) PEANUTS.—The extension provided by H.R. 5652 based flood insurance options. subsection (a) shall not apply with respect to the direct payment program under section OFFERED BY: MR. VAN HOLLEN Sec. 330. Report on inclusion of building codes in floodplain manage- 1303 of the Food, Conservation, and Energy AMENDMENT NO. 1: Strike all after the en- ment criteria. Act of 2008 (7 U.S.C. 7953). acting clause and insert the following: Sec. 331. Study on graduated risk. (c) EFFECTIVE DATE.—This section shall SECTION 1. SHORT TITLE. Sec. 332. Report on flood-in-progress deter- take effect on the earlier of— This Act may be cited as the ‘‘Balanced mination. (1) the date of the enactment of this Act; Approach to Replace the Sequester Act of Sec. 333. Study on repaying flood insurance and 2012 for Fiscal Year 2013’’. debt. (2) September 30, 2012.

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6636 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012

TITLE III—FLOOD INSURANCE REFORM tion for the 100-year frequency flood stand- ‘‘(7) REPORTS.—The Administrator shall, in SEC. 301. SHORT TITLE. ard; each annual report submitted pursuant to This title may be cited as the ‘‘Flood In- ‘‘(ii) that is being improved, constructed, section 1320, include information identifying surance Reform Act of 2012’’. or reconstructed; and each finding under paragraph (1) by the Ad- SEC. 302. EXTENSIONS. ‘‘(iii) for which the Administrator has de- ministrator during the preceding year that (a) EXTENSION OF PROGRAM.—Section 1319 termined measurable progress toward com- an area is an area having special flood haz- of the National Flood Insurance Act of 1968 pletion of such improvement, construction, ards, the basis for each such finding, any ex- (42 U.S.C. 4026) is amended by striking ‘‘the reconstruction is being made and toward se- tensions pursuant to paragraph (4) of the pe- earlier of the date of the enactment into law curing financial commitments sufficient to riods of effectiveness of such findings, and of an Act that specifically amends the date fund such completion. the reasons for such extensions.’’. specified in this section or May 31, 2012’’ and ‘‘(C) AREAS FOR WHICH APPEAL HAS BEEN (2) NO REFUNDS.—Nothing in this sub- inserting ‘‘September 30, 2016’’. FILED.—An area for which a community has section or the amendments made by this sub- (b) EXTENSION OF FINANCING.—Section appealed designation of the area as having section may be construed to authorize or re- 1309(a) of such Act (42 U.S.C. 4016(a)) is special flood hazards in a timely manner quire any payment or refund for flood insur- amended by striking ‘‘the earlier of the date under section 1363. ance coverage purchased for any property of the enactment into law of an Act that spe- ‘‘(4) EXTENSION OF DELAY.—Upon a request that covered any period during which such cifically amends the date specified in this submitted by a local government authority coverage is not required for the property section or May 31, 2012’’ and inserting ‘‘Sep- having jurisdiction over any portion of the pursuant to the applicability of the amend- tember 30, 2016’’. eligible area, the Administrator may extend ment made by paragraph (1). SEC. 303. MANDATORY PURCHASE. the period during which a finding under (b) TERMINATION OF FORCE-PLACED INSUR- (a) AUTHORITY TO TEMPORARILY SUSPEND paragraph (1) shall be effective, except that— ANCE.—Section 102(e) of the Flood Disaster MANDATORY PURCHASE REQUIREMENT.— ‘‘(A) each such extension under this para- (1) IN GENERAL.—Section 102 of the Flood graph shall not be for a period exceeding 12 Protection Act of 1973 (42 U.S.C. 4012a(e)) is Disaster Protection Act of 1973 (42 U.S.C. months; and amended— 4012a) is amended by adding at the end the ‘‘(B) for any area, the cumulative number (1) in paragraph (2), by striking ‘‘insur- following new subsection: of such extensions may not exceed 2. ance.’’ and inserting ‘‘insurance, including ‘‘(i) AUTHORITY TO TEMPORARILY SUSPEND ‘‘(5) ADDITIONAL EXTENSION FOR COMMU- premiums or fees incurred for coverage be- MANDATORY PURCHASE REQUIREMENT.— NITIES MAKING MORE THAN ADEQUATE ginning on the date on which flood insurance ‘‘(1) FINDING BY ADMINISTRATOR THAT AREA PROGRESS ON FLOOD PROTECTION SYSTEM.— coverage lapsed or did not provide a suffi- IS AN ELIGIBLE AREA.—For any area, upon a ‘‘(A) EXTENSION.— cient coverage amount.’’; request submitted to the Administrator by a ‘‘(i) AUTHORITY.—Except as provided in (2) by redesignating paragraphs (3) and (4) local government authority having jurisdic- subparagraph (B), in the case of an eligible as paragraphs (5) and 6), respectively; and tion over any portion of the area, the Admin- area for which the Administrator has, pursu- (3) by inserting after paragraph (2) the fol- istrator shall make a finding of whether the ant to paragraph (4), extended the period of lowing new paragraphs: area is an eligible area under paragraph (3). effectiveness of the finding under paragraph ‘‘(3) TERMINATION OF FORCE-PLACED INSUR- If the Administrator finds that such area is (1) for the area, upon a request submitted by ANCE.—Within 30 days of receipt by the lend- an eligible area, the Administrator shall, in a local government authority having juris- er or servicer of a confirmation of a bor- the discretion of the Administrator, des- diction over any portion of the eligible area, rower’s existing flood insurance coverage, ignate a period during which such finding if the Administrator finds that more than the lender or servicer shall— shall be effective, which shall not be longer adequate progress has been made on the con- ‘‘(A) terminate the force-placed insurance; in duration than 12 months. struction of a flood protection system for and ‘‘(2) SUSPENSION OF MANDATORY PURCHASE such area, as determined in accordance with ‘‘(B) refund to the borrower all force-placed REQUIREMENT.—If the Administrator makes a the last sentence of section 1307(e) of the Na- insurance premiums paid by the borrower finding under paragraph (1) that an area is tional Flood Insurance Act of 1968 (42 U.S.C. during any period during which the bor- an eligible area under paragraph (3), during 4014(e)), the Administrator may, in the dis- rower’s flood insurance coverage and the the period specified in the finding, the des- cretion of the Administrator, further extend force-placed flood insurance coverage were ignation of such eligible area as an area hav- the period during which the finding under each in effect, and any related fees charged ing special flood hazards shall not be effec- paragraph (1) shall be effective for such area to the borrower with respect to the force- tive for purposes of subsections (a), (b), and for an additional 12 months. placed insurance during such period. (e) of this section, and section 202(a) of this ‘‘(ii) LIMIT.— For any eligible area, the cu- ‘‘(4) SUFFICIENCY OF DEMONSTRATION.—For Act. Nothing in this paragraph may be con- mulative number of extensions under this purposes of confirming a borrower’s existing strued to prevent any lender, servicer, regu- subparagraph may not exceed 2. flood insurance coverage, a lender or servicer lated lending institution, Federal agency ‘‘(B) EXCLUSION FOR NEW MORTGAGES.— for a loan shall accept from the borrower an lender, the Federal National Mortgage Asso- ‘‘(i) EXCLUSION.—Any extension under sub- insurance policy declarations page that in- ciation, or the Federal Home Loan Mortgage paragraph (A) of this paragraph of a finding cludes the existing flood insurance policy Corporation, at the discretion of such entity, under paragraph (1) shall not be effective number and the identity of, and contact in- from requiring the purchase of flood insur- with respect to any excluded property after formation for, the insurance company or ance coverage in connection with the mak- the origination, increase, extension, or re- agent.’’. ing, increasing, extending, or renewing of a newal of the loan referred to in clause (ii)(II) loan secured by improved real estate or a for the property. (c) USE OF PRIVATE INSURANCE TO SATISFY mobile home located or to be located in such ‘‘(ii) EXCLUDED PROPERTIES.—For purposes MANDATORY PURCHASE REQUIREMENT.—Sec- eligible area during such period or a lender of this subparagraph, the term ‘excluded tion 102(b) of the Flood Disaster Protection or servicer from purchasing coverage on be- property’ means any improved real estate or Act of 1973 (42 U.S.C. 4012a(b)) is amended— half of a borrower pursuant to subsection (e). mobile home— (1) in paragraph (1)— ‘‘(3) ELIGIBLE AREAS.—An eligible area ‘‘(I) that is located in an eligible area; and (A) by striking ‘‘lending institutions not to under this paragraph is an area that is des- ‘‘(II) for which, during the period that any make’’ and inserting ‘‘lending institutions— ignated or will, pursuant to any issuance, re- extension under subparagraph (A) of this ‘‘(A) not to make’’; vision, updating, or other change in flood in- paragraph of a finding under paragraph (1) is (B) in subparagraph (A), as designated by surance maps that takes effect on or after otherwise in effect for the eligible area in subparagraph (A) of this paragraph, by strik- the date of the enactment of the Flood Insur- which such property is located— ing ‘‘less.’’ and inserting ‘‘less; and’’; and ance Reform Act of 2012, become designated ‘‘(aa) a loan that is secured by the property (C) by adding at the end the following new as an area having special flood hazards and is originated; or subparagraph: that meets any one of the following 3 re- ‘‘(bb) any existing loan that is secured by ‘‘(B) to accept private flood insurance as quirements: the property is increased, extended, or re- satisfaction of the flood insurance coverage ‘‘(A) AREAS WITH NO HISTORY OF SPECIAL newed. requirement under subparagraph (A) if the FLOOD HAZARDS.—The area does not include ‘‘(6) RULE OF CONSTRUCTION.—Nothing in coverage provided by such private flood in- any area that has ever previously been des- this subsection may be construed to affect surance meets the requirements for coverage ignated as an area having special flood haz- the applicability of a designation of any area under such subparagraph.’’; ards. as an area having special flood hazards for (2) in paragraph (2), by inserting after ‘‘(B) AREAS WITH FLOOD PROTECTION SYS- purposes of the availability of flood insur- ‘‘provided in paragraph (1).’’ the following TEMS UNDER IMPROVEMENTS.—The area was ance coverage, criteria for land management new sentence: ‘‘Each Federal agency lender intended to be protected by a flood protec- and use, notification of flood hazards, eligi- shall accept private flood insurance as satis- tion system— bility for mitigation assistance, or any other faction of the flood insurance coverage re- ‘‘(i) that has been decertified, or is re- purpose or provision not specifically referred quirement under the preceding sentence if quired to be certified, as providing protec- to in paragraph (2). the flood insurance coverage provided by

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6637 such private flood insurance meets the re- ing ‘‘shall be made available with respect to other residential property, including multi- quirements for coverage under such sen- any single such building, up to an aggregate family rental property, coverage for losses tence.’’; liability (including such limits specified in resulting from any partial or total interrup- (3) in paragraph (3), in the matter fol- subparagraph (B) or (C) of paragraph (1), as tion of the insured’s business caused by dam- lowing subparagraph (B), by adding at the applicable) of $500,000, and coverage shall be age to, or loss of, such property from a flood end the following new sentence: ‘‘The Fed- made available up to a total of $500,000 ag- may be made available to every insured upon eral National Mortgage Association and the gregate liability for contents owned by the renewal and every applicant, up to a total Federal Home Loan Mortgage Corporation building owner and $500,000 aggregate liabil- amount of $20,000 per property, except that— shall accept private flood insurance as satis- ity for each unit within the building for con- ‘‘(A) purchase of such coverage shall be at faction of the flood insurance coverage re- tents owned by the tenant’’. the option of the insured; quirement under the preceding sentence if (c) INDEXING OF MAXIMUM COVERAGE LIM- ‘‘(B) any such coverage shall be made the flood insurance coverage provided by ITS.—Subsection (b) of section 1306 of the Na- available only at chargeable rates that are such private flood insurance meets the re- tional Flood Insurance Act of 1968 (42 U.S.C. not less than the estimated premium rates quirements for coverage under such sen- 4013(b)) is amended— for such coverage determined in accordance tence.’’; and (1) in paragraph (4), by striking ‘‘and’’ at with section 1307(a)(1); and (4) by adding at the end the following new the end; ‘‘(C) the Administrator may make such paragraph: (2) in paragraph (5), by striking the period coverage available only if the Administrator ‘‘(5) PRIVATE FLOOD INSURANCE DEFINED.—In at the end and inserting ‘‘; and’’; makes a determination and causes notice of this subsection, the term ‘private flood in- (3) by redesignating paragraph (5) as para- such determination to be published in the surance’ means a contract for flood insur- graph (7); and Federal Register that— ance coverage allowed for sale under the (4) by adding at the end the following new ‘‘(i) a competitive private insurance mar- laws of any State.’’. paragraph: ket for such coverage does not exist; and ‘‘(8) each of the dollar amount limitations SEC. 304. REFORMS OF COVERAGE TERMS. ‘‘(ii) the national flood insurance program under paragraphs (2), (3), (4), (5), and (6) shall (a) MINIMUM DEDUCTIBLES FOR CLAIMS.— has the capacity to make such coverage be adjusted effective on the date of the en- Section 1312 of the National Flood Insurance available without borrowing funds from the actment of the Flood Insurance Reform Act Secretary of the Treasury under section 1309 Act of 1968 (42 U.S.C. 4019) is amended— of 2012, such adjustments shall be calculated or otherwise;’’. (1) by striking ‘‘The Director is’’ and in- using the percentage change, over the period serting the following: ‘‘(a) IN GENERAL.—The beginning on September 30, 1994, and ending (e) PAYMENT OF PREMIUMS IN INSTALLMENTS Administrator is’’; and on such date of enactment, in such infla- FOR RESIDENTIAL PROPERTIES.—Section 1306 (2) by adding at the end the following: tionary index as the Administrator shall, by of the National Flood Insurance Act of 1968 ‘‘(b) MINIMUM ANNUAL DEDUCTIBLES.— regulation, specify, and the dollar amount of (42 U.S.C. 4013) is amended by adding at the ‘‘(1) SUBSIDIZED RATE PROPERTIES.—For any such adjustment shall be rounded to the next end the following new subsection: structure that is covered by flood insurance lower dollar; and the Administrator shall ‘‘(d) PAYMENT OF PREMIUMS IN INSTALL- under this title, and for which the charge- cause to be published in the Federal Register MENTS FOR RESIDENTIAL PROPERTIES.— able rate for such coverage is less than the the adjustments under this paragraph to ‘‘(1) AUTHORITY.—In addition to any other applicable estimated risk premium rate such dollar amount limitations; except that terms and conditions under subsection (a), under section 1307(a)(1) for the area (or sub- in the case of coverage for a property that is such regulations shall provide that, in the division thereof) in which such structure is made available, pursuant to this paragraph, case of any residential property, premiums located, the minimum annual deductible for in an amount that exceeds the limitation for flood insurance coverage made available damage to or loss of such structure shall be otherwise applicable to such coverage as under this title for such property may be $2,000. specified in paragraph (2), (3), (4), (5), or (6), paid in installments. ‘‘(2) ACTUARIAL RATE PROPERTIES.—For any the total of such coverage shall be made ‘‘(2) LIMITATIONS.—In implementing the au- structure that is covered by flood insurance available only at chargeable rates that are thority under paragraph (1), the Adminis- under this title, for which the chargeable not less than the estimated premium rates trator may establish increased chargeable rate for such coverage is not less than the for such coverage determined in accordance premium rates and surcharges, and deny cov- applicable estimated risk premium rate with section 1307(a)(1).’’. erage and establish such other sanctions, as under section 1307(a)(1) for the area (or sub- (d) OPTIONAL COVERAGE FOR LOSS OF USE OF the Administrator considers necessary to en- division thereof) in which such structure is PERSONAL RESIDENCE AND BUSINESS INTER- sure that insureds purchase, pay for, and located, the minimum annual deductible for RUPTION.—Subsection (b) of section 1306 of maintain coverage for the full term of a con- damage to or loss of such structure shall be the National Flood Insurance Act of 1968 (42 tract for flood insurance coverage or to pre- $1,000.’’. U.S.C. 4013(b)), as amended by the preceding vent insureds from purchasing coverage only (b) CLARIFICATION OF RESIDENTIAL AND provisions of this section, is further amended for periods during a year when risk of flood- COMMERCIAL COVERAGE LIMITS.—Section by inserting after paragraph (4) the following ing is comparatively higher or canceling cov- 1306(b) of the National Flood Insurance Act new paragraphs: erage for periods when such risk is compara- of 1968 (42 U.S.C. 4013(b)) is amended— ‘‘(5) the Administrator may provide that, tively lower.’’. (1) in paragraph (2)— in the case of any residential property, each (f) EFFECTIVE DATE OF POLICIES COVERING (A) by striking ‘‘in the case of any residen- renewal or new contract for flood insurance PROPERTIES AFFECTED BY FLOODS IN tial property’’ and inserting ‘‘in the case of coverage may provide not more than $5,000 PROGRESS.—Paragraph (1) of section 1306(c) any residential building designed for the oc- aggregate liability per dwelling unit for any of the National Flood Insurance Act of 1968 cupancy of from one to four families’’; and necessary increases in living expenses in- (42 U.S.C. 4013(c)) is amended by adding after (B) by striking ‘‘shall be made available to curred by the insured when losses from a the period at the end the following: ‘‘With every insured upon renewal and every appli- flood make the residence unfit to live in, ex- respect to any flood that has commenced or cant for insurance so as to enable such in- cept that— is in progress before the expiration of such sured or applicant to receive coverage up to ‘‘(A) purchase of such coverage shall be at 30-day period, such flood insurance coverage a total amount (including such limits speci- the option of the insured; for a property shall take effect upon the ex- fied in paragraph (1)(A)(i)) of $250,000’’ and ‘‘(B) any such coverage shall be made piration of such 30-day period and shall cover inserting ‘‘shall be made available, with re- available only at chargeable rates that are damage to such property occurring after the spect to any single such building, up to an not less than the estimated premium rates expiration of such period that results from aggregate liability (including such limits for such coverage determined in accordance such flood, but only if the property has not specified in paragraph (1)(A)(i)) of $250,000’’; with section 1307(a)(1); and suffered damage or loss as a result of such and ‘‘(C) the Administrator may make such flood before the expiration of such 30-day pe- (2) in paragraph (4)— coverage available only if the Administrator riod.’’. (A) by striking ‘‘in the case of any nonresi- makes a determination and causes notice of dential property, including churches,’’ and such determination to be published in the SEC. 305. REFORMS OF PREMIUM RATES. inserting ‘‘in the case of any nonresidential Federal Register that— (a) INCREASE IN ANNUAL LIMITATION ON building, including a church,’’; and ‘‘(i) a competitive private insurance mar- PREMIUM INCREASES.—Section 1308(e) of the (B) by striking ‘‘shall be made available to ket for such coverage does not exist; and National Flood Insurance Act of 1968 (42 every insured upon renewal and every appli- ‘‘(ii) the national flood insurance program U.S.C. 4015(e)) is amended by striking ‘‘10 cant for insurance, in respect to any single has the capacity to make such coverage percent’’ and inserting ‘‘20 percent’’. structure, up to a total amount (including available without borrowing funds from the (b) PHASE-INOFRATES FOR CERTAIN PROP- such limit specified in subparagraph (B) or Secretary of the Treasury under section 1309 ERTIES IN NEWLY MAPPED AREAS.— (C) of paragraph (1), as applicable) of $500,000 or otherwise; (1) IN GENERAL.—Section 1308 of the Na- for each structure and $500,000 for any con- ‘‘(6) the Administrator may provide that, tional Flood Insurance Act of 1968 (42 U.S.C. tents related to each structure’’ and insert- in the case of any commercial property or 4015) is amended—

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6638 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 (A) in subsection (a), in the matter pre- ment Agency shall issue an interim final Emergency Management Agency shall in- ceding paragraph (1), by inserting ‘‘or no- rule or notice to implement this subsection crease the chargeable premium rates for tice’’ after ‘‘prescribe by regulation’’; and the amendments made by this sub- such property over time to such applicable (B) in subsection (c), by inserting ‘‘and section as soon as practicable after the date estimated risk premium rate under section subsection (g)’’ before the first comma; and of the enactment of this Act. 1307(a)(1). (C) by adding at the end the following new (c) PHASE-INOFACTUARIAL RATES FOR CER- (ii) AMOUNT OF ANNUAL INCREASE.—Such in- subsection: TAIN PROPERTIES.— crease shall be made by increasing the ‘‘(g) 5-YEAR PHASE-INOFFLOOD INSURANCE (1) IN GENERAL.—Section 1308(c) of the Na- chargeable premium rates for the property RATES FOR CERTAIN PROPERTIES IN NEWLY tional Flood Insurance Act of 1968 (42 U.S.C. (after application of any increase in the pre- MAPPED AREAS.— 4015(c)) is amended— mium rates otherwise applicable to such ‘‘(1) 5-YEAR PHASE-IN PERIOD.—Notwith- (A) by redesignating paragraph (2) as para- property), once during the 12-month period standing subsection (c) or any other provi- graph (7); and that begins upon the effective date under sion of law relating to chargeable risk pre- (B) by inserting after paragraph (1) the fol- subparagraph (A) of this paragraph and once mium rates for flood insurance coverage lowing new paragraphs: every 12 months thereafter until such in- under this title, in the case of any area that ‘‘(2) COMMERCIAL PROPERTIES.—Any non- crease is accomplished, by 20 percent (or was not previously designated as an area residential property. such lesser amount as may be necessary so having special flood hazards and that, pursu- ‘‘(3) SECOND HOMES AND VACATION HOMES.— that the chargeable rate does not exceed ant to any issuance, revision, updating, or Any residential property that is not the pri- such applicable estimated risk premium rate other change in flood insurance maps, be- mary residence of any individual. or to comply with clause (iii)). comes designated as such an area, during the ‘‘(4) HOMES SOLD TO NEW OWNERS.—Any sin- (iii) PROPERTIES SUBJECT TO PHASE-IN AND 5-year period that begins, except as provided gle family property that— ANNUAL INCREASES.—In the case of any pre- in paragraph (2), upon the date that such ‘‘(A) has been constructed or substantially FIRM property (as such term is defined in maps, as issued, revised, updated, or other- improved and for which such construction or section 578(b) of the National Flood Insur- wise changed, become effective, the charge- improvement was started, as determined by ance Reform Act of 1974), the aggregate in- able premium rate for flood insurance under the Administrator, before December 31, 1974, crease, during any 12-month period, in the this title with respect to any covered prop- or before the effective date of the initial rate chargeable premium rate for the property erty that is located within such area shall be map published by the Administrator under that is attributable to this subparagraph or the rate described in paragraph (3). paragraph (2) of section 1360(a) for the area to an increase described in section 1308(e) of ‘‘(2) APPLICABILITY TO PREFERRED RISK in which such property is located, whichever the National Flood Insurance Act of 1968 RATE AREAS.—In the case of any area de- is later; and may not exceed 20 percent. scribed in paragraph (1) that consists of or ‘‘(B) is purchased after the effective date of (iv) FULL ACTUARIAL RATES.—The provi- includes an area that, as of date of the effec- this paragraph, pursuant to section sions of paragraphs (2), (3), (4), (5), and (6) of tiveness of the flood insurance maps for such 345(c)(3)(A) of the Flood Insurance Reform such section 1308(c) shall apply to such a area referred to in paragraph (1) as so issued, Act of 2012. property upon the accomplishment of the in- revised, updated, or changed, is eligible for ‘‘(5) HOMES DAMAGED OR IMPROVED.—Any crease under this subparagraph and there- any reason for preferred risk rate method property that, on or after the date of the en- after. premiums for flood insurance coverage and actment of the Flood Insurance Reform Act (d) PROHIBITION OF EXTENSION OF SUB- was eligible for such premiums as of the en- of 2012, has experienced or sustained— SIDIZED RATES TO LAPSED POLICIES.—Section actment of the Flood Insurance Reform Act ‘‘(A) substantial flood damage exceeding 50 1308 of the National Flood Insurance Act of of 2012, the 5-year period referred to in para- percent of the fair market value of such 1968 (42 U.S.C. 4015), as amended by the pre- graph (1) for such area eligible for preferred property; or ceding provisions of this subtitle, is further risk rate method premiums shall begin upon ‘‘(B) substantial improvement exceeding 30 amended— the expiration of the period during which percent of the fair market value of such (1) in subsection (e), by inserting ‘‘or sub- such area is eligible for such preferred risk property. section (h)’’ after ‘‘subsection (c)’’; and (2) by adding at the end the following new rate method premiums. ‘‘(6) HOMES WITH MULTIPLE CLAIMS.—Any subsection: ‘‘(3) PHASE-IN OF FULL ACTUARIAL RATES.— severe repetitive loss property (as such term ‘‘(h) PROHIBITION OF EXTENSION OF SUB- With respect to any area described in para- is defined in section 1366(j)).’’. SIDIZED RATES TO LAPSED POLICIES.—Not- graph (1), the chargeable risk premium rate (2) TECHNICAL AMENDMENTS.—Section 1308 withstanding any other provision of law re- for flood insurance under this title for a cov- of the National Flood Insurance Act of 1968 lating to chargeable risk premium rates for ered property that is located in such area (42 U.S.C. 4015) is amended— flood insurance coverage under this title, the shall be— (A) in subsection (c)— Administrator shall not provide flood insur- ‘‘(A) for the first year of the 5-year period (i) in the matter preceding paragraph (1), ance coverage under this title for any prop- referred to in paragraph (1), the greater of— by striking ‘‘the limitations provided under erty for which a policy for such coverage for ‘‘(i) 20 percent of the chargeable risk pre- paragraphs (1) and (2)’’ and inserting ‘‘sub- the property has previously lapsed in cov- mium rate otherwise applicable under this section (e)’’; and erage as a result of the deliberate choice of title to the property; and (ii) in paragraph (1), by striking ‘‘, except’’ the holder of such policy, at a rate less than ‘‘(ii) in the case of any property that, as of and all that follows through ‘‘subsection the applicable estimated risk premium rates the beginning of such first year, is eligible (e)’’; and for the area (or subdivision thereof) in which for preferred risk rate method premiums for (B) in subsection (e), by striking ‘‘para- such property is located.’’. flood insurance coverage, such preferred risk graph (2) or (3)’’ and inserting ‘‘paragraph (e) RECOGNITION OF STATE AND LOCAL FUND- rate method premium for the property; (7)’’. ING FOR CONSTRUCTION, RECONSTRUCTION, AND ‘‘(B) for the second year of such 5-year pe- (3) EFFECTIVE DATE AND TRANSITION.— IMPROVEMENT OF FLOOD PROTECTION SYSTEMS riod, 40 percent of the chargeable risk pre- (A) EFFECTIVE DATE.—The amendments IN DETERMINATION OF RATES.— mium rate otherwise applicable under this made by paragraphs (1) and (2) shall apply (1) IN GENERAL.—Section 1307 of the Na- title to the property; beginning upon the expiration of the 12- tional Flood Insurance Act of 1968 (42 U.S.C. ‘‘(C) for the third year of such 5-year pe- month period that begins on the date of the 4014) is amended— riod, 60 percent of the chargeable risk pre- enactment of this Act, except as provided in (A) in subsection (e)— mium rate otherwise applicable under this subparagraph (B) of this paragraph. (i) in the first sentence, by striking ‘‘con- title to the property; (B) TRANSITION FOR PROPERTIES COVERED BY struction of a flood protection system’’ and ‘‘(D) for the fourth year of such 5-year pe- FLOOD INSURANCE UPON EFFECTIVE DATE.— inserting ‘‘construction, reconstruction, or riod, 80 percent of the chargeable risk pre- (i) INCREASE OF RATES OVER TIME.—In the improvement of a flood protection system mium rate otherwise applicable under this case of any property described in paragraph (without respect to the level of Federal in- title to the property; and (2), (3), (4), (5), or (6) of section 1308(c) of the vestment or participation)’’; and ‘‘(E) for the fifth year of such 5-year pe- National Flood Insurance Act of 1968, as (ii) in the second sentence— riod, 100 percent of the chargeable risk pre- amended by paragraph (1) of this subsection, (I) by striking ‘‘construction of a flood pro- mium rate otherwise applicable under this that, as of the effective date under subpara- tection system’’ and inserting ‘‘construction, title to the property. graph (A) of this paragraph, is covered under reconstruction, or improvement of a flood ‘‘(4) COVERED PROPERTIES.—For purposes of a policy for flood insurance made available protection system’’; and the subsection, the term ‘covered property’ under the national flood insurance program (II) by inserting ‘‘based on the present means any residential property occupied by for which the chargeable premium rates are value of the completed system’’ after ‘‘has its owner or a bona fide tenant as a primary less than the applicable estimated risk pre- been expended’’; and residence.’’. mium rate under section 1307(a)(1) of such (B) in subsection (f)— (2) REGULATION OR NOTICE.—The Adminis- Act for the area in which the property is lo- (i) in the first sentence in the matter pre- trator of the Federal Emergency Manage- cated, the Administrator of the Federal ceding paragraph (1), by inserting ‘‘(without

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6639 respect to the level of Federal investment or Management Agency as Cooperating Tech- make recommendations to the Adminis- participation)’’ before the period at the end; nical States. trator when the Council determines that (ii) in the third sentence in the matter pre- (2) QUALIFICATIONS.—Members of the Coun- mapping protocols should be altered. ceding paragraph (1), by inserting ‘‘, whether cil shall be appointed based on their dem- (3) MEETINGS.—In carrying out its duties coastal or riverine,’’ after ‘‘special flood haz- onstrated knowledge and competence regard- under this section, the Council shall consult ard’’; and ing surveying, cartography, remote sensing, with stakeholders through at least 4 public (iii) in paragraph (1), by striking ‘‘a Fed- geographic information systems, or the tech- meetings annually, and shall seek input of eral agency in consultation with the local nical aspects of preparing and using flood in- all stakeholder interests including State and project sponsor’’ and inserting ‘‘the entity or surance rate maps. In appointing members local representatives, environmental and entities that own, operate, maintain, or re- under paragraph (1)(H), the Administrator conservation organizations, insurance indus- pair such system’’. shall ensure that the membership of the try representatives, advocacy groups, plan- (2) REGULATIONS.—The Administrator of Council has a balance of Federal, State, ning organizations, and mapping organiza- the Federal Emergency Management Agency local, and private members, and includes an tions. shall promulgate regulations to implement adequate number of representatives from the (d) PROHIBITION ON COMPENSATION.—Mem- this subsection and the amendments made States with coastline on the Gulf of Mexico bers of the Council shall receive no addi- by this subsection as soon as practicable, but and other States containing areas identified tional compensation by reason of their serv- not more than 18 months after the date of by the Administrator of the Federal Emer- ice on the Council. the enactment of this Act. Paragraph (3) gency Management Agency as at high-risk (e) CHAIRPERSON.—The Administrator shall may not be construed to annul, alter, affect, for flooding or special flood hazard areas. serve as the Chairperson of the Council. authorize any waiver of, or establish any ex- (c) DUTIES.— (f) STAFF.— ception to, the requirement under the pre- (1) NEW MAPPING STANDARDS.—Not later (1) FEMA.—Upon the request of the Coun- ceding sentence. than the expiration of the 12-month period cil, the Administrator may detail, on a non- SEC. 306. TECHNICAL MAPPING ADVISORY COUN- beginning upon the date of the enactment of reimbursable basis, personnel of the Federal CIL. this Act, the Council shall develop and sub- Emergency Management Agency to assist (a) ESTABLISHMENT.—There is established a mit to the Administrator and the Congress the Council in carrying out its duties. council to be known as the Technical Map- proposed new mapping standards for 100-year (2) OTHER FEDERAL AGENCIES.—Upon re- ping Advisory Council (in this section re- flood insurance rate maps used under the na- quest of the Council, any other Federal agen- ferred to as the ‘‘Council’’). tional flood insurance program under the Na- cy that is a member of the Council may de- (b) MEMBERSHIP.— tional Flood Insurance Act of 1968. In devel- tail, on a non-reimbursable basis, personnel (1) IN GENERAL.—The Council shall consist oping such proposed standards the Council to assist the Council in carrying out its du- of— ties. (A) the Administrator of the Federal Emer- shall— (g) POWERS.—In carrying out this section, gency Management Agency (in this section (A) ensure that the flood insurance rate the Council may hold hearings, receive evi- referred to as the ‘‘Administrator’’), or the maps reflect true risk, including graduated dence and assistance, provide information, designee thereof; risk that better reflects the financial risk to and conduct research, as the Council con- (B) the Director of the United States Geo- each property; such reflection of risk should siders appropriate. logical Survey of the Department of the In- be at the smallest geographic level possible (h) TERMINATION.—The Council shall termi- terior, or the designee thereof; (but not necessarily property-by-property) to nate upon the expiration of the 5-year period (C) the Under Secretary of Commerce for ensure that communities are mapped in a Oceans and Atmosphere, or the designee manner that takes into consideration dif- beginning on the date of the enactment of thereof; ferent risk levels within the community; this Act. (D) the commanding officer of the United (B) ensure the most efficient generation, (i) MORATORIUM ON FLOOD MAP CHANGES.— States Army Corps of Engineers, or the des- display, and distribution of flood risk data, (1) MORATORIUM.—Except as provided in ignee thereof; models, and maps where practicable through paragraph (2) and notwithstanding any other (E) the chief of the Natural Resources Con- dynamic digital environments using spatial provision of this subtitle, the National Flood servation Service of the Department of Agri- database technology and the Internet; Insurance Act of 1968, or the Flood Disaster culture, or the designee thereof; (C) ensure that flood insurance rate maps Protection Act of 1973, during the period be- (F) the Director of the United States Fish reflect current hydrologic and hydraulic ginning upon the date of the enactment of and Wildlife Service of the Department of data, current land use, and topography, in- this Act and ending upon the submission by the Interior, or the designee thereof; corporating the most current and accurate the Council to the Administrator and the (G) the Assistant Administrator for Fish- ground and bathymetric elevation data; Congress of the proposed new mapping stand- eries of the National Oceanic and Atmos- (D) determine the best ways to include in ards required under subsection (c)(1), the Ad- pheric Administration of the Department of such flood insurance rate maps levees, decer- ministrator may not make effective any new Commerce, or the designee thereof; and tified levees, and areas located below dams, or updated rate maps for flood insurance cov- (H) 14 additional members to be appointed including determining a methodology for en- erage under the national flood insurance pro- by the Administrator of the Federal Emer- suring that decertified levees and other pro- gram that were not in effect for such pro- gency Management Agency, who shall be— tections are included in flood insurance rate gram as of such date of enactment, or other- (i) an expert in data management; maps and their corresponding flood zones re- wise revise, update, or change the flood in- (ii) an expert in real estate; flect the level of protection conferred; surance rate maps in effect for such program (iii) an expert in insurance; (E) consider how to incorporate restored as of such date. (iv) a member of a recognized regional wetlands and other natural buffers into flood (2) LETTERS OF MAP CHANGE.—During the flood and storm water management organi- insurance rate maps, which may include wet- period described in paragraph (1), the Admin- zation; lands, groundwater recharge areas, erosion istrator may revise, update, and change the (v) a representative of a State emergency zones, meander belts, endangered species flood insurance rate maps in effect for the management agency or association or orga- habitat, barrier islands and shoreline buffer national flood insurance program only pur- nization for such agencies; features, riparian forests, and other features; suant to a letter of map change (including a (vi) a member of a recognized professional (F) consider whether to use vertical posi- letter of map amendment, letter of map revi- surveying association or organization; tioning (as defined by the Administrator) for sion, and letter of map revision based on (vii) a member of a recognized professional flood insurance rate maps; fill). mapping association or organization; (G) ensure that flood insurance rate maps SEC. 307. FEMA INCORPORATION OF NEW MAP- (viii) a member of a recognized profes- differentiate between a property that is lo- PING PROTOCOLS. sional engineering association or organiza- cated in a flood zone and a structure located (a) NEW RATE MAPPING STANDARDS.—Not tion; on such property that is not at the same risk later than the expiration of the 6-month pe- (ix) a member of a recognized professional level for flooding as such property due to the riod beginning upon submission by the Tech- association or organization representing elevation of the structure; nical Mapping Advisory Council under sec- flood hazard determination firms; (H) ensure that flood insurance rate maps tion 346 of the proposed new mapping stand- (x) a representative of State national flood take into consideration the best scientific ards for flood insurance rate maps used insurance coordination offices; data and potential future conditions (includ- under the national flood insurance program (xi) representatives of two local govern- ing projections for sea level rise); and developed by the Council pursuant to section ments, at least one of whom is a local levee (I) consider how to incorporate the new 346(c), the Administrator of the Federal flood manager or executive, designated by standards proposed pursuant to this para- Emergency Management Agency (in this sec- the Federal Emergency Management Agency graph in existing mapping efforts. tion referred to as the ‘‘Administrator’’) as Cooperating Technical Partners; and (2) ONGOING DUTIES.—The Council shall, on shall establish new standards for such rate (xii) representatives of two State govern- an ongoing basis, review the mapping proto- maps based on such proposed new standards ments designated by the Federal Emergency cols developed pursuant to paragraph (1), and and the recommendations of the Council.

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(b) REQUIREMENTS.—The new standards for (2) REVIEW OF CERTIFICATE.—The Adminis- surance program as the Administrator con- flood insurance rate maps established by the trator shall accept as conclusive each ele- siders appropriate to determine the capacity Administrator pursuant to subsection (a) vation certificate submitted under para- of private insurers, reinsurers, and financial shall— graph (1) unless the Administrator conducts markets to assist communities, on a vol- (1) delineate and include in any such rate a subsequent elevation survey and deter- untary basis only, in managing the full maps— mines that the lowest level of the primary range of financial risks associated with (A) all areas located within the 100-year residence on the property in question is not flooding. flood plain; and at an elevation that is at least three feet (2) ASSESSMENT.—Not later than the expi- (B) areas subject to graduated and other higher than the elevation of the 100-year ration of the 12-month period beginning on risk levels, to the maximum extent possible; flood plain. The Administrator shall provide the date of the enactment of this Act, the (2) ensure that any such rate maps— any such subsequent elevation survey to the Administrator shall assess the capacity of (A) include levees, including decertified owner of such property. the private reinsurance, capital, and finan- levees, and the level of protection they con- (3) DETERMINATIONS FOR PROPERTIES ON cial markets by seeking proposals to assume fer; BORDERS OF SPECIAL FLOOD HAZARD AREAS.— a portion of the program’s insurance risk (B) reflect current land use and topography (A) EXPEDITED DETERMINATION.—In the case and submit to the Congress a report describ- and incorporate the most current and accu- of any survey for a property submitted to ing the response to such request for pro- rate ground level data; the Administrator pursuant to paragraph (1) posals and the results of such assessment. (C) take into consideration the impacts showing that a portion of the property is lo- (3) PROTOCOL FOR RELEASE OF DATA.—The and use of fill and the flood risks associated cated within an area having special flood Administrator shall develop a protocol to with altered hydrology; hazards and that a structure located on the provide for the release of data sufficient to (D) differentiate between a property that is property is not located within such area hav- conduct the assessment required under para- located in a flood zone and a structure lo- ing special flood hazards, the Administrator graph (2). cated on such property that is not at the shall expeditiously process any request made (c) REINSURANCE.—The National Flood In- same risk level for flooding as such property by an owner of the property for a determina- surance Act of 1968 is amended— due to the elevation of the structure; tion pursuant to paragraph (2) or a deter- (1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), (E) identify and incorporate natural fea- mination of whether the structure is located by inserting ‘‘, including as reinsurance of tures and their associated flood protection within the area having special flood hazards. insurance coverage provided by the flood in- surance program’’ before ‘‘, on such terms’’; benefits into mapping and rates; and (B) PROHIBITION OF FEE.—If the Adminis- (2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), (F) identify, analyze, and incorporate the trator determines pursuant to subparagraph by inserting ‘‘or reinsurance’’ after ‘‘flood impact of significant changes to building and (A) that the structure on the property is not insurance coverage’’; development throughout any river or costal located within the area having special flood (3) in section 1335(a) (42 U.S.C. 4055(a))— water system, including all tributaries, hazards, the Administrator shall not charge (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and which may impact flooding in areas down- a fee for reviewing the flood hazard data and (B) by adding at the end the following new stream; and shall not require the owner to provide any paragraph: (3) provide that such rate maps are devel- additional elevation data. ‘‘(2) The Administrator is authorized to se- oped on a watershed basis. (C) SIMPLIFICATION OF REVIEW PROCESS.— cure reinsurance coverage of coverage pro- (c) REPORT.—If, in establishing new stand- The Administrator shall collaborate with vided by the flood insurance program from ards for flood insurance rate maps pursuant private sector flood insurers to simplify the private market insurance, reinsurance, and to subsection (a) of this section, the Admin- review process for properties described in capital market sources at rates and on terms istrator does not implement all of the rec- subparagraph (A) and to ensure that the re- determined by the Administrator to be rea- ommendations of the Council made under view process provides for accurate deter- sonable and appropriate in an amount suffi- the proposed new mapping standards devel- minations. cient to maintain the ability of the program oped by the Council pursuant to section (4) TERMINATION OF AUTHORITY.—This sub- to pay claims and that minimizes the likeli- 346(c), upon establishment of the new stand- section shall cease to apply to a property on hood that the program will utilize the bor- ards the Administrator shall submit a report the date on which the Administrator updates rowing authority provided under section to the Committee on Financial Services of the flood insurance rate map that applies to 1309.’’; the House of Representatives and the Com- such property in accordance with the re- (4) in section 1346(a) (12 U.S.C. 4082(a))— mittee on Banking, Housing, and Urban Af- quirements of subsection (d). (A) in the matter preceding paragraph (1), fairs of the Senate specifying which such rec- ommendations were not adopted and explain- SEC. 308. TREATMENT OF LEVEES. by inserting ‘‘, or for purposes of securing re- ing the reasons such recommendations were Section 1360 of the National Flood Insur- insurance of insurance coverage provided by not adopted. ance Act of 1968 (42 U.S.C. 4101) is amended the program,’’ before ‘‘of any or all of’’; (d) IMPLEMENTATION.—The Administrator by adding at the end the following new sub- (B) in paragraph (1)— shall, not later than the expiration of the 6- section: (i) by striking ‘‘estimating’’ and inserting month period beginning upon establishment ‘‘(k) TREATMENT OF LEVEES.—The Adminis- ‘‘Estimating’’; and of the new standards for flood insurance rate trator may not issue flood insurance maps, (ii) by striking the semicolon at the end maps pursuant to subsection (a) of this sec- or make effective updated flood insurance and inserting a period; tion, commence use of the new standards and maps, that omit or disregard the actual pro- (C) in paragraph (2)— updating of flood insurance rate maps in ac- tection afforded by an existing levee, (i) by striking ‘‘receiving’’ and inserting cordance with the new standards. Not later floodwall, pump or other flood protection ‘‘Receiving’’; and than the expiration of the 10-year period be- feature, regardless of the accreditation sta- (ii) by striking the semicolon at the end ginning upon the establishment of such new tus of such feature.’’. and inserting a period; standards, the Administrator shall complete SEC. 309. PRIVATIZATION INITIATIVES. (D) in paragraph (3)— updating of all flood insurance rate maps in (a) FEMA AND GAO REPORTS.—Not later (i) by striking ‘‘making’’ and inserting accordance with the new standards, subject than the expiration of the 18-month period ‘‘Making’’; and to the availability of sufficient amounts for beginning on the date of the enactment of (ii) by striking ‘‘; and’’ and inserting a pe- such activities provided in appropriation this Act, the Administrator of the Federal riod; Acts. Emergency Management Agency and the (E) in paragraph (4)— (e) TEMPORARY SUSPENSION OF MANDATORY Comptroller General of the United States (i) by striking ‘‘otherwise’’ and inserting PURCHASE REQUIREMENT FOR CERTAIN PROP- shall each conduct a separate study to assess ‘‘Otherwise’’; and ERTIES.— a broad range of options, methods, and strat- (ii) by redesignating such paragraph as (1) SUBMISSION OF ELEVATION CERTIFI- egies for privatizing the national flood insur- paragraph (5); and CATE.—Subject to paragraphs (2) and (3) of ance program and shall each submit a report (F) by inserting after paragraph (3) the fol- this subsection, subsections (a), (b), and (e) to the Committee on Financial Services of lowing new paragraph: of section 102 of the Flood Disaster Protec- the House of Representatives and the Com- ‘‘(4) Placing reinsurance coverage on insur- tion Act of 1973 (42 U.S.C. 4012a), and section mittee on Banking, Housing, and Urban Af- ance provided by such program.’’; and 202(a) of such Act, shall not apply to a prop- fairs of the Senate with recommendations (5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), erty located in an area designated as having for the best manner to accomplish such pri- by inserting before the semicolon at the end a special flood hazard if the owner of such vatization. the following: ‘‘, is subject to the reporting property submits to the Administrator an (b) PRIVATE RISK-MANAGEMENT INITIA- requirements of the Securities Exchange Act elevation certificate for such property show- TIVES.— of 1934, pursuant to section 13(a) or 15(d) of ing that the lowest level of the primary resi- (1) AUTHORITY.—The Administrator of the such Act (15 U.S.C. 78m(a), 78o(d)), or is au- dence on such property is at an elevation Federal Emergency Management Agency thorized by the Administrator to assume re- that is at least three feet higher than the may carry out such private risk-manage- insurance on risks insured by the flood in- elevation of the 100-year flood plain. ment initiatives under the national flood in- surance program’’.

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(d) ASSESSMENT OF CLAIMS-PAYING ABIL- (5) in subsection (e)— and (d)(2) shall not apply to the activity ITY.— (A) in paragraph (1), by striking the para- under this subparagraph.’’; (1) ASSESSMENT.—Not later than Sep- graph designation and all that follows (D) by adding at the end the following new tember 30 of each year, the Administrator of through the end of the first sentence and in- paragraph: the Federal Emergency Management Agency serting the following: ‘‘(6) ELIGIBILITY OF DEMOLITION AND RE- shall conduct an assessment of the claims- ‘‘(1) REQUIREMENT OF CONSISTENCY WITH AP- BUILDING OF PROPERTIES.—The Administrator paying ability of the national flood insur- PROVED MITIGATION PLAN.—Amounts provided shall consider as an eligible activity the ance program, including the program’s utili- under this section may be used only for miti- demolition and rebuilding of properties to at zation of private sector reinsurance and rein- gation activities that are consistent with least base flood elevation or greater, if re- surance equivalents, with and without reli- mitigation plans that are approved by the quired by the Administrator or if required by ance on borrowing authority under section Administrator and identified under subpara- any State regulation or local ordinance, and 1309 of the National Flood Insurance Act of graph (4).’’; in accordance with criteria established by 1968 (42 U.S.C. 4016). In conducting the assess- (B) by striking paragraphs (2), (3), and (4) the Administrator.’’; and ment, the Administrator shall take into con- and inserting the following new paragraphs: (E) by redesignating such subsection as sideration regional concentrations of cov- ‘‘(2) REQUIREMENTS OF TECHNICAL FEASI- subsection (c); erage written by the program, peak flood BILITY, COST EFFECTIVENESS, AND INTEREST OF (6) by striking subsections (f), (g), and (h) zones, and relevant mitigation measures. NFIF.—The Administrator may approve only and inserting the following new subsection: (2) REPORT.—The Administrator shall sub- mitigation activities that the Administrator ‘‘(d) MATCHING REQUIREMENT.—The Admin- mit a report to the Congress of the results of determines are technically feasible and cost- istrator may provide grants for eligible miti- each such assessment, and make such report effective and in the interest of, and represent gation activities as follows: available to the public, not later than 30 savings to, the National Flood Insurance ‘‘(1) SEVERE REPETITIVE LOSS STRUC- days after completion of the assessment. Fund. In making such determinations, the TURES.—In the case of mitigation activities SEC. 310. FEMA ANNUAL REPORT ON INSURANCE Administrator shall take into consideration to severe repetitive loss structures, in an PROGRAM. recognized benefits that are difficult to amount up to 100 percent of all eligible costs. Section 1320 of the National Flood Insur- quantify. ‘‘(2) REPETITIVE LOSS STRUCTURES.—In the ance Act of 1968 (42 U.S.C. 4027) is amended— ‘‘(3) PRIORITY FOR MITIGATION ASSISTANCE.— case of mitigation activities to repetitive (1) in the section heading, by striking ‘‘RE- In providing grants under this section for loss structures, in an amount up to 90 per- PORT TO THE PRESIDENT’’ and inserting ‘‘AN- mitigation activities, the Administrator cent of all eligible costs. NUAL REPORT TO CONGRESS’’; shall give priority for funding to activities ‘‘(3) OTHER MITIGATION ACTIVITIES.— In the (2) in subsection (a)— that the Administrator determines will re- case of all other mitigation activities, in an (A) by striking ‘‘biennially’’; sult in the greatest savings to the National amount up to 75 percent of all eligible (B) by striking ‘‘the President for submis- Flood Insurance Fund, including activities costs.’’; sion to’’; and for— (7) in subsection (i)— (C) by inserting ‘‘not later than June 30 of ‘‘(A) severe repetitive loss structures; (A) in paragraph (2)— each year’’ before the period at the end; ‘‘(B) repetitive loss structures; and (i) by striking ‘‘certified under subsection (3) in subsection (b), by striking ‘‘biennial’’ ‘‘(C) other subsets of structures as the Ad- (g)’’ and inserting ‘‘required under sub- and inserting ‘‘annual’’; and ministrator may establish.’’; section (d)’’; and (4) by adding at the end the following new (C) in paragraph (5)— (ii) by striking ‘‘3 times the amount’’ and subsection: (i) by striking all of the matter that pre- inserting ‘‘the amount’’; and ‘‘(c) FINANCIAL STATUS OF PROGRAM.—The cedes subparagraph (A) and inserting the fol- (B) by redesignating such subsection as report under this section for each year shall lowing: subsection (e); include information regarding the financial ‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activi- (8) in subsection (j)— status of the national flood insurance pro- ties may include—’’; (A) by striking ‘‘Riegle Community Devel- gram under this title, including a description (ii) by striking subparagraphs (E) and (H); opment and Regulatory Improvement Act of of the financial status of the National Flood (iii) by redesignating subparagraphs (D), 1994’’ and inserting ‘‘Flood Insurance Reform Insurance Fund and current and projected (F), and (G) as subparagraphs (E), (G), and Act of 2012’’; levels of claims, premium receipts, expenses, (H); (B) by redesignating such subsection as and borrowing under the program.’’. (iv) by inserting after subparagraph (C) the subsection (f); and SEC. 311. MITIGATION ASSISTANCE. following new subparagraph: (9) by striking subsections (k) and (m) and (a) MITIGATION ASSISTANCE GRANTS.—Sec- ‘‘(D) elevation, relocation, and inserting the following new subsections: tion 1366 of the National Flood Insurance Act floodproofing of utilities (including equip- ‘‘(g) FAILURE TO MAKE GRANT AWARD WITH- of 1968 (42 U.S.C. 4104c) is amended— ment that serve structures);’’; IN 5 YEARS.—For any application for a grant (1) in subsection (a), by striking the last (v) by inserting after subparagraph (E), as under this section for which the Adminis- sentence and inserting the following: ‘‘Such so redesignated by clause (iii) of this sub- trator fails to make a grant award within 5 financial assistance shall be made avail- paragraph, the following new subparagraph: years of the date of application, the grant able— ‘‘(F) the development or update of State, application shall be considered to be denied ‘‘(1) to States and communities in the form local, or Indian tribal mitigation plans and any funding amounts allocated for such of grants under this section for carrying out which meet the planning criteria established grant applications shall remain in the Na- mitigation activities; by the Administrator, except that the tional Flood Mitigation Fund under section ‘‘(2) to States and communities in the form amount from grants under this section that 1367 of this title and shall be made available of grants under this section for carrying out may be used under this subparagraph may for grants under this section. mitigation activities that reduce flood dam- not exceed $50,000 for any mitigation plan of age to severe repetitive loss structures; and a State or $25,000 for any mitigation plan of ‘‘(h) LIMITATION ON FUNDING FOR MITIGA- ‘‘(3) to property owners in the form of di- a local government or Indian tribe;’’; TION ACTIVITIES FOR SEVERE REPETITIVE LOSS rect grants under this section for carrying (vi) in subparagraph (H); as so redesignated STRUCTURES.—The amount used pursuant to out mitigation activities that reduce flood by clause (iii) of this subparagraph, by strik- section 1310(a)(8) in any fiscal year may not damage to individual structures for which 2 ing ‘‘and’’ at the end; and exceed $40,000,000 and shall remain available or more claim payments for losses have been (vii) by adding at the end the following until expended. made under flood insurance coverage under new subparagraphs: ‘‘(i) DEFINITIONS.—For purposes of this sec- this title if the Administrator, after con- ‘‘(I) other mitigation activities not de- tion, the following definitions shall apply: sultation with the State and community, de- scribed in subparagraphs (A) through (G) or ‘‘(1) COMMUNITY.—The term ‘community’ termines that neither the State nor commu- the regulations issued under subparagraph means— nity in which such a structure is located has (H), that are described in the mitigation plan ‘‘(A) a political subdivision that— the capacity to manage such grants.’’. of a State, community, or Indian tribe; and ‘‘(i) has zoning and building code jurisdic- (2) by striking subsection (b); ‘‘(J) personnel costs for State staff that tion over a particular area having special (3) in subsection (c)— provide technical assistance to communities flood hazards, and (A) by striking ‘‘flood risk’’ and inserting to identify eligible activities, to develop ‘‘(ii) is participating in the national flood ‘‘multi-hazard’’; grant applications, and to implement grants insurance program; or (B) by striking ‘‘provides protection awarded under this section, not to exceed ‘‘(B) a political subdivision of a State, or against’’ and inserting ‘‘examines reduction $50,000 per State in any Federal fiscal year, other authority, that is designated by polit- of’’; and so long as the State applied for and was ical subdivisions, all of which meet the re- (C) by redesignating such subsection as awarded at least $1,000,000 in grants available quirements of subparagraph (A), to admin- subsection (b); under this section in the prior Federal fiscal ister grants for mitigation activities for such (4) by striking subsection (d); year; the requirements of subsections (d)(1) political subdivisions.

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‘‘(2) REPETITIVE LOSS STRUCTURE.—The need for other mitigation activities under ‘‘(2) by causing notice of such elevations to term ‘repetitive loss structure’ has the section 1366 is in the best interest of the Na- be published in the Federal Register, which meaning given such term in section 1370. tional Flood Insurance Fund.’’. notice shall include information sufficient to ‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.— (f) INCREASED COST OF COMPLIANCE COV- identify the elevation determinations and The term ‘severe repetitive loss structure’ ERAGE.—Section 1304(b)(4) of the National the communities affected, information ex- means a structure that— Flood Insurance Act of 1968 (42 U.S.C. plaining how to obtain copies of the ele- ‘‘(A) is covered under a contract for flood 4011(b)(4)) is amended— vations, and a statement explaining the insurance made available under this title; (1) by striking subparagraph (B); and process under this section to appeal for and (2) by redesignating subparagraphs (C), (D), changes in the elevations; ‘‘(B) has incurred flood-related damage— and (E) as subparagraphs (B), (C), and (D), re- ‘‘(3) by publishing in a prominent local ‘‘(i) for which 4 or more separate claims spectively. newspaper the elevations, a description of payments have been made under flood insur- SEC. 312. NOTIFICATION TO HOMEOWNERS RE- the appeals process for flood determinations, ance coverage under this title, with the GARDING MANDATORY PURCHASE and the mailing address and telephone num- amount of each such claim exceeding $15,000, REQUIREMENT APPLICABILITY AND ber of a person the owner may contact for RATE PHASE-INS. and with the cumulative amount of such more information or to initiate an appeal; Section 201 of the Flood Disaster Protec- claims payments exceeding $60,000; or tion Act of 1973 (42 U.S.C. 4105) is amended by ‘‘(4) by providing written notification, by ‘‘(ii) for which at least 2 separate claims adding at the end the following new sub- first class mail, to each owner of real prop- payments have been made under such cov- section: erty affected by the proposed elevations of— erage, with the cumulative amount of such ‘‘(f) ANNUAL NOTIFICATION.—The Adminis- ‘‘(A) the status of such property, both prior claims exceeding the value of the insured trator, in consultation with affected commu- to and after the effective date of the pro- structure.’’. nities, shall establish and carry out a plan to posed determination, with respect to flood (b) ELIMINATION OF GRANTS PROGRAM FOR notify residents of areas having special flood zone and flood insurance requirements under REPETITIVE INSURANCE CLAIMS PROPERTIES.— hazards, on an annual basis— this Act and the Flood Disaster Protection Chapter I of the National Flood Insurance ‘‘(1) that they reside in such an area; Act of 1973; Act of 1968 is amended by striking section ‘‘(2) of the geographical boundaries of such ‘‘(B) the process under this section to ap- 1323 (42 U.S.C. 4030). area; peal a flood elevation determination; and (c) ELIMINATION OF PILOT PROGRAM FOR ‘‘(3) of whether section 1308(g) of the Na- ‘‘(C) the mailing address and phone number MITIGATION OF SEVERE REPETITIVE LOSS tional Flood Insurance Act of 1968 applies to of a person the owner may contact for more PROPERTIES.—Chapter III of the National properties within such area; information or to initiate an appeal; and’’. Flood Insurance Act of 1968 is amended by ‘‘(4) of the provisions of section 102 requir- SEC. 315. NOTIFICATION TO TENANTS OF AVAIL- striking section 1361A (42 U.S.C. 4102a). ing purchase of flood insurance coverage for ABILITY OF CONTENTS INSURANCE. (d) NATIONAL FLOOD INSURANCE FUND.— properties located in such an area, including Section 1310(a) of the National Flood Insur- the date on which such provisions apply with The National Flood Insurance Act of 1968 is ance Act of 1968 (42 U.S.C. 4017(a)) is amend- respect to such area, taking into consider- amended by inserting after section 1308 (42 ed— ation section 102(i); and U.S.C. 4015) the following new section: (1) in paragraph (7), by inserting ‘‘and’’ ‘‘(5) of a general estimate of what similar ‘‘SEC. 1308A. NOTIFICATION TO TENANTS OF after the semicolon; and homeowners in similar areas typically pay AVAILABILITY OF CONTENTS INSUR- (2) by striking paragraphs (8) and (9). for flood insurance coverage, taking into ANCE. (e) NATIONAL FLOOD MITIGATION FUND.— consideration section 1308(g) of the National ‘‘(a) IN GENERAL.—The Administrator Section 1367 of the National Flood Insurance Flood Insurance Act of 1968.’’. shall, upon entering into a contract for flood Act of 1968 (42 U.S.C. 4104d) is amended— SEC. 313. NOTIFICATION TO MEMBERS OF CON- insurance coverage under this title for any (1) in subsection (b)— GRESS OF FLOOD MAP REVISIONS property— (A) by striking paragraph (1) and inserting AND UPDATES. ‘‘(1) provide to the insured sufficient copies Section 1360 of the National Flood Insur- the following new paragraph: of the notice developed pursuant to sub- ance Act of 1968 (42 U.S.C. 4101), as amended ‘‘(1) in each fiscal year, from the National section (b); and by the preceding provisions of this subtitle, Flood Insurance Fund in amounts not ex- ‘‘(2) require the insured to provide a copy is further amended by adding at the end the ceeding $90,000,000 to remain available until of the notice, or otherwise provide notifica- following new subsection: expended, of which— tion of the information under subsection (b) ‘‘(A) not more than $40,000,000 shall be ‘‘(l) NOTIFICATION TO MEMBERS OF CON- GRESS OF MAP MODERNIZATION.—Upon any re- in the manner that the manager or landlord available pursuant to subsection (a) of this deems most appropriate, to each such tenant section only for assistance described in sec- vision or update of any floodplain area or flood-risk zone pursuant to subsection (f), and to each new tenant upon commencement tion 1366(a)(1); of such a tenancy. ‘‘(B) not more than $40,000,000 shall be any decision pursuant to subsection (f)(1) available pursuant to subsection (a) of this that such revision or update is necessary, ‘‘(b) NOTICE.—Notice to a tenant of a prop- section only for assistance described in sec- any issuance of preliminary maps for such erty in accordance with this subsection is tion 1366(a)(2); and revision or updating, or any other significant written notice that clearly informs a ten- ‘‘(C) not more than $10,000,000 shall be action relating to any such revision or up- ant— available pursuant to subsection (a) of this date, the Administrator shall notify the Sen- ‘‘(1) whether the property is located in an section only for assistance described in sec- ators for each State affected, and each Mem- area having special flood hazards; ber of the House of Representatives for each tion 1366(a)(3).’’. ‘‘(2) that flood insurance coverage is avail- congressional district affected, by such revi- (B) in paragraph (3), by striking ‘‘section able under the national flood insurance pro- sion or update in writing of the action 1366(i)’’ and inserting ‘‘section 1366(e)’’; gram under this title for contents of the unit taken.’’. (2) in subsection (c), by striking ‘‘sections or structure leased by the tenant; 1366 and 1323’’ and inserting ‘‘section 1366’’; SEC. 314. NOTIFICATION AND APPEAL OF MAP ‘‘(3) of the maximum amount of such cov- CHANGES; NOTIFICATION TO COM- (3) by redesignating subsections (d) and (e) erage for contents available under this title MUNITIES OF ESTABLISHMENT OF at that time; and as subsections (f) and (g), respectively; and FLOOD ELEVATIONS. ‘‘(4) of where to obtain information regard- (4) by inserting after subsection (c) the fol- Section 1363 of the National Flood Insur- lowing new subsections: ance Act of 1968 (42 U.S.C. 4104) is amended ing how to obtain such coverage, including a ‘‘(d) PROHIBITION ON OFFSETTING COLLEC- by striking the section designation and all telephone number, mailing address, and TIONS.—Notwithstanding any other provision that follows through the end of subsection Internet site of the Administrator where of this title, amounts made available pursu- (a) and inserting the following: such information is available.’’. ant to this section shall not be subject to off- ‘‘SEC. 1363. (a) In establishing projected SEC. 316. NOTIFICATION TO POLICY HOLDERS setting collections through premium rates flood elevations for land use purposes with REGARDING DIRECT MANAGEMENT for flood insurance coverage under this title. respect to any community pursuant to sec- OF POLICY BY FEMA. ‘‘(e) CONTINUED AVAILABILITY AND RE- tion 1361, the Administrator shall first pro- Part C of chapter II of the National Flood ALLOCATION.—Any amounts made available pose such determinations— Insurance Act of 1968 (42 U.S.C. 4081 et seq.) pursuant to subparagraph (A), (B), or (C) of ‘‘(1) by providing the chief executive offi- is amended by adding at the end the fol- subsection (b)(1) that are not used in any fis- cer of each community affected by the pro- lowing new section: cal year shall continue to be available for posed elevations, by certified mail, with a re- the purposes specified in such subparagraph turn receipt requested, notice of the ele- ‘‘SEC. 1349. NOTIFICATION TO POLICY HOLDERS of subsection (b)(1) pursuant to which such vations, including a copy of the maps for the REGARDING DIRECT MANAGEMENT amounts were made available, unless the Ad- elevations for such community and a state- OF POLICY BY FEMA. ministrator determines that reallocation of ment explaining the process under this sec- ‘‘(a) NOTIFICATION.—Not later than 60 days such unused amounts to meet demonstrated tion to appeal for changes in such elevations; before the date on which a transferred flood

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insurance policy expires, and annually there- such costs shall not include legal or attor- ‘‘(d) INFORMATION REGARDING MULTIPLE after until such time as the Federal Emer- neys fees. In determining the reasonableness PERILS CLAIMS.— gency Management Agency is no longer di- of costs, the Administrator shall only con- ‘‘(1) IN GENERAL.—Subject to paragraph (2), rectly administering such policy, the Admin- sider the actual costs to the owner or com- if an insured having flood insurance coverage istrator shall notify the holder of such policy munity, as applicable, of utilizing the serv- under a policy issued under the program that— ices of an engineer, surveyor, or similar serv- under this title by the Administrator or a ‘‘(1) the Federal Emergency Management ices.’’. company, insurer, or entity offering flood in- Agency is directly administering the policy; (b) REGULATIONS.—Not later than 90 days surance coverage under such program (in ‘‘(2) such holder may purchase flood insur- after the date of the enactment of this Act, this subsection referred to as a ‘participating ance that is directly administered by an in- the Administrator of the Federal Emergency company’) has wind or other homeowners surance company; and Management Agency shall issue the regula- coverage from any company, insurer, or ‘‘(3) purchasing flood insurance offered tions or notice required under section other entity covering property covered by under the National Flood Insurance Program 1360(m)(2) of the National Flood Insurance such flood insurance, in the case of damage that is directly administered by an insurance Act of 1968, as added by the amendment to such property that may have been caused company will not alter the coverage pro- made by subsection (a) of this section. by flood or by wind, the Administrator and vided or the premiums charged to such hold- SEC. 319. ENHANCED COMMUNICATION WITH the participating company, upon the request er that otherwise would be provided or CERTAIN COMMUNITIES DURING of the insured, shall provide to the insured, charged if the policy was directly adminis- MAP UPDATING PROCESS. within 30 days of such request— tered by the Federal Emergency Manage- Section 1360 of the National Flood Insur- ‘‘(A) a copy of the estimate of structure ment Agency. ance Act of 1968 (42 U.S.C. 4101), as amended damage; ‘‘(b) DEFINITION.—In this section, the term by the preceding provisions of this subtitle, ‘‘(B) proofs of loss; ‘transferred flood insurance policy’ means a is further amended by adding at the end the ‘‘(C) any expert or engineering reports or flood insurance policy that— following new subsection: documents commissioned by or relied upon ‘‘(1) was directly administered by an insur- ‘‘(n) ENHANCED COMMUNICATION WITH CER- by the Administrator or participating com- ance company at the time the policy was TAIN COMMUNITIES DURING MAP UPDATING pany in determining whether the damage originally purchased by the policy holder; PROCESS.—In updating flood insurance maps was caused by flood or any other peril; and and under this section, the Administrator shall ‘‘(D) the Administrator’s or the partici- ‘‘(2) at the time of renewal of the policy, communicate with communities located in pating company’s final determination on the direct administration of the policy was or areas where flood insurance rate maps have claim. will be transferred to the Federal Emergency not been updated in 20 years or more and the ‘‘(2) TIMING.—Paragraph (1) shall apply Management Agency.’’. appropriate State emergency agencies to re- only with respect to a request described in SEC. 317. NOTICE OF AVAILABILITY OF FLOOD IN- solve outstanding issues, provide technical such paragraph made by an insured after the SURANCE AND ESCROW IN RESPA assistance, and disseminate all necessary in- Administrator or the participating company, GOOD FAITH ESTIMATE. formation to reduce the prevalence of out- or both, as applicable, have issued a final de- Subsection (c) of section 5 of the Real Es- dated maps in flood-prone areas.’’. cision on the flood claim involved and reso- tate Settlement Procedures Act of 1974 (12 SEC. 320. NOTIFICATION TO RESIDENTS NEWLY lution of all appeals with respect to such U.S.C. 2604(c)) is amended by adding at the INCLUDED IN FLOOD HAZARD claim.’’. end the following new sentence: ‘‘Each such AREAS. SEC. 323. FEMA AUTHORITY TO REJECT TRANS- good faith estimate shall include the fol- Section 1360 of the National Flood Insur- lowing conspicuous statements and informa- FER OF POLICIES. ance Act of 1968 (42 U.S.C. 4101), as amended Section 1345 of the National Flood Insur- tion: (1) that flood insurance coverage for by the preceding provisions of this subtitle, residential real estate is generally available ance Act of 1968 (42 U.S.C. 4081) is amended is further amended by adding at the end the by adding at the end the following new sub- under the national flood insurance program following new subsection: whether or not the real estate is located in section: ‘‘(o) NOTIFICATION TO RESIDENTS NEWLY IN- an area having special flood hazards and ‘‘(e) FEMA AUTHORITY TO REJECT TRANS- CLUDED IN FLOOD HAZARD AREA.—In revising FER OF POLICIES.—Notwithstanding any that, to obtain such coverage, a home owner or updating any areas having special flood or purchaser should contact the national other provision of this Act, the Adminis- hazards, the Administrator shall provide to flood insurance program; (2) a telephone trator may, at the discretion of the Adminis- each owner of a property to be newly in- number and a location on the Internet by trator, refuse to accept the transfer of the cluded in such a special flood hazard area, at which a home owner or purchaser can con- administration of policies for coverage under the time of issuance of such proposed revised tact the national flood insurance program; the flood insurance program under this title or updated flood insurance maps, a copy of and (3) that the escrowing of flood insurance that are written and administered by any in- the proposed revised or updated flood insur- payments is required for many loans under surance company or other insurer, or any in- ance maps together with information regard- section 102(d) of the Flood Disaster Protec- surance agent or broker.’’. ing the appeals process under section 1363 (42 tion Act of 1973, and may be a convenient U.S.C. 4104).’’. SEC. 324. APPEALS. and available option with respect to other (a) TELEVISION AND RADIO ANNOUNCE- loans.’’. SEC. 321. TREATMENT OF SWIMMING POOL EN- CLOSURES OUTSIDE OF HURRICANE MENT.—Section 1363 of the National Flood In- SEC. 318. REIMBURSEMENT FOR COSTS IN- SEASON. surance Act of 1968 (42 U.S.C. 4104), as amend- CURRED BY HOMEOWNERS AND ed by the preceding provisions of this sub- COMMUNITIES OBTAINING LETTERS Chapter I of the National Flood Insurance OF MAP AMENDMENT OR REVISION. Act of 1968 (42 U.S.C. 4001 et seq.) is amended title, is further amended— (a) IN GENERAL.—Section 1360 of the Na- by adding at the end the following new sec- (1) in subsection (a), by adding at the end tional Flood Insurance Act of 1968 (42 U.S.C. tion: the following new paragraph: 4101), as amended by the preceding provisions ‘‘SEC. 1325. TREATMENT OF SWIMMING POOL EN- ‘‘(5) by notifying a local television and of this subtitle, is further amended by adding CLOSURES OUTSIDE OF HURRICANE radio station,’’; and at the end the following new subsection: SEASON. (2) in the first sentence of subsection (b), ‘‘(m) REIMBURSEMENT.— ‘‘In the case of any property that is other- by inserting before the period at the end the ‘‘(1) REQUIREMENT UPON BONA FIDE ERROR.— wise in compliance with the coverage and following: ‘‘and shall notify a local tele- If an owner of any property located in an building requirements of the national flood vision and radio station at least once during area described in section 102(i)(3) of the insurance program, the presence of an en- the same 10-day period’’. Flood Disaster Protection Act of 1973, or a closed swimming pool located at ground (b) EXTENSION OF APPEALS PERIOD.—Sub- community in which such a property is lo- level or in the space below the lowest floor of section (b) of section 1363 of the National cated, obtains a letter of map amendment, or a building after November 30 and before June Flood Insurance Act of 1968 (42 U.S.C. 4104(b)) a letter of map revision, due to a bona fide 1 of any year shall have no effect on the is amended— error on the part of the Administrator of the terms of coverage or the ability to receive (1) by striking ‘‘(b) The Director’’ and in- Federal Emergency Management Agency, coverage for such building under the na- serting ‘‘(b)(1) The Administrator’’; and the Administrator shall reimburse such tional flood insurance program established (2) by adding at the end the following new owner, or such entity or jurisdiction acting pursuant to this title, if the pool is enclosed paragraph: on such owner’s behalf, or such community, with non-supporting breakaway walls.’’. ‘‘(2) The Administrator shall grant an ex- as applicable, for any reasonable costs in- SEC. 322. INFORMATION REGARDING MULTIPLE tension of the 90-day period for appeals re- curred in obtaining such letter. PERILS CLAIMS. ferred to in paragraph (1) for 90 additional ‘‘(2) REASONABLE COSTS.—The Adminis- Section 1345 of the National Flood Insur- days if an affected community certifies to trator shall, by regulation or notice, deter- ance Act of 1968 (42 U.S.C. 4081) is amended the Administrator, after the expiration of at mine a reasonable amount of costs to be re- by adding at the end the following new sub- least 60 days of such period, that the commu- imbursed under paragraph (1), except that section: nity—

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6644 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 10, 2012 ‘‘(A) believes there are property owners or is achieved, in each such fiscal year the Ad- funds made available under this title that lessees in the community who are unaware ministrator shall place in the Reserve Fund are used under this paragraph; of such period for appeals; and an amount equal to not less than 7.5 percent ‘‘(ii) in the case of a building code enforce- ‘‘(B) will utilize the extension under this of the reserve ratio required under sub- ment department serving an area with a pop- paragraph to notify property owners or les- section (b). ulation of between 20,001 and 50,000, equal to sees who are affected by the proposed flood ‘‘(2) AMOUNT SATISFIED.—As soon as the not less than 25 percent of the total amount elevation determinations of the period for ratio required under subsection (b) is of any funds made available under this title appeals and the opportunity to appeal the achieved, and except as provided in para- that are used under this paragraph; and determinations proposed by the Adminis- graph (3), the Administrator shall not be re- ‘‘(iii) in the case of a building code enforce- trator.’’. quired to set aside any amounts for the Re- ment department serving an area with a pop- (c) APPLICABILITY.—The amendments made serve Fund. ulation of less than 20,000, equal to not less by subsections (a) and (b) shall apply with ‘‘(3) EXCEPTION.—If at any time after the than 12.5 percent of the total amount of any respect to any flood elevation determination ratio required under subsection (b) is funds made available under this title that for any area in a community that has not, as achieved, the Reserve Fund falls below the are used under this paragraph, of the date of the enactment of this Act, required ratio under subsection (b), the Ad- except that the Secretary may waive the been issued a Letter of Final Determination ministrator shall place in the Reserve Fund matching fund requirements under this sub- for such determination under the flood insur- for that fiscal year an amount equal to not paragraph, in whole or in part, based upon ance map modernization process. less than 7.5 percent of the reserve ratio re- the level of economic distress of the jurisdic- SEC. 325. RESERVE FUND. quired under subsection (b). tion in which is located the local building (a) ESTABLISHMENT.—Chapter I of the Na- ‘‘(e) LIMITATION ON RESERVE RATIO.—In any code enforcement department that is using tional Flood Insurance Act of 1968 is amend- given fiscal year, if the Administrator deter- amounts for purposes under this paragraph, ed by inserting after section 1310 (42 U.S.C. mines that the reserve ratio required under and shall waive such matching fund require- 4017) the following new section: subsection (b) cannot be achieved, the Ad- ments in whole for any recipient jurisdiction ‘‘SEC. 1310A. RESERVE FUND. ministrator shall submit a report to the Con- that has dedicated all building code permit- ‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In gress that— ting fees to the conduct of local building carrying out the flood insurance program au- ‘‘(1) describes and details the specific con- code enforcement; and thorized by this title, the Administrator cerns of the Administrator regarding such ‘‘(B) any building code enforcement depart- shall establish in the Treasury of the United consequences; ment using funds made available under this States a National Flood Insurance Reserve ‘‘(2) demonstrates how such consequences title for purposes under this paragraph shall Fund (in this section referred to as the ‘Re- would harm the long-term financial sound- empanel a code administration and enforce- serve Fund’) which shall— ness of the flood insurance program; and ment team consisting of at least 1 full-time ‘‘(1) be an account separate from any other ‘‘(3) indicates the maximum attainable re- building code enforcement officer, a city accounts or funds available to the Adminis- serve ratio for that particular fiscal year. planner, and a health planner or similar offi- trator; and ‘‘(f) AVAILABILITY OF AMOUNTS.—The re- cer; and ‘‘(2) be available for meeting the expected serve ratio requirements under subsection ‘‘(27) provision of assistance to local gov- future obligations of the flood insurance pro- (b) and the phase-in requirements under sub- ernmental agencies responsible for flood- gram. section (d) shall be subject to the avail- plain management activities (including such ‘‘(b) RESERVE RATIO.—Subject to the phase- ability of amounts in the National Flood In- agencies of Indians tribes, as such term is de- in requirements under subsection (d), the Re- surance Fund for transfer under section fined in section 4 of the Native American serve Fund shall maintain a balance equal 1310(a)(10), as provided in section 1310(f).’’. Housing Assistance and Self-Determination to— (b) FUNDING.—Subsection (a) of section 1310 Act of 1996 (25 U.S.C. 4103)) in communities ‘‘(1) 1 percent of the sum of the total po- of the National Flood Insurance Act of 1968 that participate in the national flood insur- tential loss exposure of all outstanding flood (42 U.S.C. 4017(a)), as amended by the pre- ance program under the National Flood In- insurance policies in force in the prior fiscal ceding provisions of this Act, is further surance Act of 1968 (42 U.S.C. 4001 et seq.), year; or amended by adding at the end the following only for carrying out outreach activities to ‘‘(2) such higher percentage as the Admin- new paragraph: encourage and facilitate the purchase of istrator determines to be appropriate, taking ‘‘(10) for transfers to the National Flood flood insurance protection under such Act by into consideration any circumstance that Insurance Reserve Fund under section 1310A, owners and renters of properties in such may raise a significant risk of substantial in accordance with such section.’’. communities and to promote educational ac- future losses to the Reserve Fund. SEC. 326. CDBG ELIGIBILITY FOR FLOOD INSUR- tivities that increase awareness of flood risk ‘‘(c) MAINTENANCE OF RESERVE RATIO.— ANCE OUTREACH ACTIVITIES AND reduction; except that— ‘‘(1) IN GENERAL.—The Administrator shall COMMUNITY BUILDING CODE AD- ‘‘(A) amounts used as provided under this have the authority to establish, increase, or MINISTRATION GRANTS. paragraph shall be used only for activities decrease the amount of aggregate annual in- Section 105(a) of the Housing and Commu- designed to— surance premiums to be collected for any fis- nity Development Act of 1974 (42 U.S.C. ‘‘(i) identify owners and renters of prop- cal year necessary— 5305(a)) is amended— erties in communities that participate in the ‘‘(A) to maintain the reserve ratio required (1) in paragraph (24), by striking ‘‘and’’ at national flood insurance program, including under subsection (b); and the end; owners of residential and commercial prop- ‘‘(B) to achieve such reserve ratio, if the (2) in paragraph (25), by striking the period erties; actual balance of such reserve is below the at the end and inserting a semicolon; and ‘‘(ii) notify such owners and renters when amount required under subsection (b). (3) by adding at the end the following new their properties become included in, or when ‘‘(2) CONSIDERATIONS.—In exercising the au- paragraphs: they are excluded from, an area having spe- thority under paragraph (1), the Adminis- ‘‘(26) supplementing existing State or local cial flood hazards and the effect of such in- trator shall consider— funding for administration of building code clusion or exclusion on the applicability of ‘‘(A) the expected operating expenses of the enforcement by local building code enforce- the mandatory flood insurance purchase re- Reserve Fund; ment departments, including for increasing quirement under section 102 of the Flood Dis- ‘‘(B) the insurance loss expenditures under staffing, providing staff training, increasing aster Protection Act of 1973 (42 U.S.C. 4012a) the flood insurance program; staff competence and professional qualifica- to such properties; ‘‘(C) any investment income generated tions, and supporting individual certification ‘‘(iii) educate such owners and renters re- under the flood insurance program; and or departmental accreditation, and for cap- garding the flood risk and reduction of this ‘‘(D) any other factor that the Adminis- ital expenditures specifically dedicated to risk in their community, including the con- trator determines appropriate. the administration of the building code en- tinued flood risks to areas that are no longer ‘‘(3) LIMITATIONS.—In exercising the au- forcement department, except that, to be eli- subject to the flood insurance mandatory thority under paragraph (1), the Adminis- gible to use amounts as provided in this purchase requirement; trator shall be subject to all other provisions paragraph— ‘‘(iv) educate such owners and renters re- of this Act, including any provisions relating ‘‘(A) a building code enforcement depart- garding the benefits and costs of maintain- to chargeable premium rates and annual in- ment shall provide matching, non-Federal ing or acquiring flood insurance, including, creases of such rates. funds to be used in conjunction with where applicable, lower-cost preferred risk ‘‘(d) PHASE-IN REQUIREMENTS.—The phase- amounts used under this paragraph in an policies under this title for such properties in requirements under this subsection are as amount— and the contents of such properties; follows: ‘‘(i) in the case of a building code enforce- ‘‘(v) encourage such owners and renters to ‘‘(1) IN GENERAL.—Beginning in fiscal year ment department serving an area with a pop- maintain or acquire such coverage; 2012 and not ending until the fiscal year in ulation of more than 50,000, equal to not less ‘‘(vi) notify such owners of where to obtain which the ratio required under subsection (b) than 50 percent of the total amount of any information regarding how to obtain such

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6645 coverage, including a telephone number, SEC. 328. REQUIRING COMPETITION FOR NA- the Federal Emergency Management Agency mailing address, and Internet site of the Ad- TIONAL FLOOD INSURANCE PRO- shall conduct a study and submit a report to ministrator of the Federal Emergency Man- GRAM POLICIES. the Committee on Financial Services of the agement Agency (in this paragraph referred (a) REPORT.—Not later than the expiration House of Representatives and the Committee to as the ‘Administrator’) where such infor- of the 90-day period beginning upon the date on Banking, Housing, and Urban Affairs of mation is available; and of the enactment of this Act, the Adminis- the Senate regarding the impact, effective- ‘‘(vii) educate local real estate agents in trator of the Federal Emergency Manage- ness, and feasibility of amending section 1361 communities participating in the national ment Agency, in consultation with insurance of the National Flood Insurance Act of 1968 flood insurance program regarding the pro- companies, insurance agents and other orga- (42 U.S.C. 4102) to include widely used and gram and the availability of coverage under nizations with which the Administrator has nationally recognized building codes as part the program for owners and renters of prop- contracted, shall submit to the Congress a of the floodplain management criteria devel- erties in such communities, and establish co- report describing procedures and policies oped under such section, and shall deter- ordination and liaisons with such real estate that the Administrator shall implement to mine— agents to facilitate purchase of coverage limit the percentage of policies for flood in- (1) the regulatory, financial, and economic under the National Flood Insurance Act of surance coverage under the national flood in- impacts of such a building code requirement 1968 and increase awareness of flood risk re- surance program that are directly managed on homeowners, States and local commu- duction; by the Agency to not more than 10 percent of nities, local land use policies, and the Fed- ‘‘(B) in any fiscal year, a local govern- the aggregate number of flood insurance eral Emergency Management Agency; mental agency may not use an amount under policies in force under such program. (2) the resources required of State and this paragraph that exceeds 3 times the (b) IMPLEMENTATION.—Upon submission of local communities to administer and enforce amount that the agency certifies, as the Sec- the report under subsection (a) to the Con- such a building code requirement; retary, in consultation with the Adminis- gress, the Administrator shall implement (3) the effectiveness of such a building code trator, shall require, that the agency will the policies and procedures described in the requirement in reducing flood-related dam- contribute from non-Federal funds to be used report. The Administrator shall, not later age to buildings and contents; with such amounts used under this para- than the expiration of the 12-month period (4) the impact of such a building code re- graph only for carrying out activities de- beginning upon submission of such report, quirement on the actuarial soundness of the scribed in subparagraph (A); and for purposes reduce the number of policies for flood insur- National Flood Insurance Program; of this subparagraph, the term ‘non-Federal ance coverage that are directly managed by (5) the effectiveness of nationally recog- funds’ includes State or local government the Agency, or by the Agency’s direct serv- nized codes in allowing innovative materials agency amounts, in-kind contributions, any icing contractor that is not an insurer, to and systems for flood-resistant construction; salary paid to staff to carry out the eligible not more than 10 percent of the aggregate (6) the feasibility and effectiveness of pro- activities of the local governmental agency number of flood insurance policies in force as viding an incentive in lower premium rates involved, the value of the time and services of the expiration of such 12-month period. for flood insurance coverage under such Act contributed by volunteers to carry out such (c) CONTINUATION OF CURRENT AGENT RELA- for structures meeting whichever of such services (at a rate determined by the Sec- TIONSHIPS.—In carrying out subsection (b), widely used and nationally recognized build- retary), and the value of any donated mate- the Administrator shall ensure that— ing code or any applicable local building rial or building and the value of any lease on (1) agents selling or servicing policies de- code provides greater protection from flood a building; scribed in such subsection are not prevented damage; ‘‘(C) a local governmental agency that uses from continuing to sell or service such poli- (7) the impact of such a building code re- amounts as provided under this paragraph cies; and quirement on rural communities with dif- may coordinate or contract with other agen- (2) insurance companies are not prevented ferent building code challenges than more cies and entities having particular capac- from waiving any limitation such companies urban environments; and ities, specialties, or experience with respect could otherwise enforce to limit any such ac- (8) the impact of such a building code re- to certain populations or constituencies, in- tivity. quirement on Indian reservations. cluding elderly or disabled families or per- SEC. 329. STUDIES OF VOLUNTARY COMMUNITY- SEC. 331. STUDY ON GRADUATED RISK. sons, to carry out activities described in sub- BASED FLOOD INSURANCE OPTIONS. (a) STUDY.—The National Academy of paragraph (A) with respect to such popu- (a) STUDIES.—The Administrator of the Sciences shall conduct a study exploring lations or constituencies; and Federal Emergency Management Agency and methods for understanding graduated risk ‘‘(D) each local government agency that the Comptroller General of the United States behind levees and the associated land devel- uses amounts as provided under this para- shall each conduct a separate study to assess opment, insurance, and risk communication graph shall submit a report to the Secretary options, methods, and strategies for offering dimensions, which shall— and the Administrator, not later than 12 voluntary community-based flood insurance (1) research, review, and recommend cur- months after such amounts are first re- policy options and incorporating such op- rent best practices for estimating direct ceived, which shall include such information tions into the national flood insurance pro- annualized flood losses behind levees for resi- as the Secretary and the Administrator gram. Such studies shall take into consider- dential and commercial structures; jointly consider appropriate to describe the ation and analyze how the policy options (2) rank such practices based on their best activities conducted using such amounts and would affect communities having varying value, balancing cost, scientific integrity, the effect of such activities on the retention economic bases, geographic locations, flood and the inherent uncertainties associated or acquisition of flood insurance coverage.’’. hazard characteristics or classifications, and with all aspects of the loss estimate, includ- SEC. 327. TECHNICAL CORRECTIONS. flood management approaches. ing geotechnical engineering, flood fre- (a) FLOOD DISASTER PROTECTION ACT OF (b) REPORTS.—Not later than the expira- quency estimates, economic value, and di- 1973.—The Flood Disaster Protection Act of tion of the 18-month period beginning on the rect damages; 1973 (42 U.S.C. 4002 et seq.) is amended— date of the enactment of this Act, the Ad- (3) research, review, and identify current (1) by striking ‘‘Director’’ each place such ministrator of the Federal Emergency Man- best floodplain management and land use term appears, except in section 102(f)(3) (42 agement Agency and the Comptroller Gen- practices behind levees that effectively bal- U.S.C. 4012a(f)(3)), and inserting ‘‘Adminis- eral of the United States shall each submit a ance social, economic, and environmental trator’’; and report to the Committee on Financial Serv- considerations as part of an overall flood (2) in section 201(b) (42 U.S.C. 4105(b)), by ices of the House of Representatives and the risk management strategy; striking ‘‘Director’s’’ and inserting ‘‘Admin- Committee on Banking, Housing, and Urban (4) identify examples where such practices istrator’s’’. Affairs of the Senate on the results and con- have proven effective and recommend meth- (b) NATIONAL FLOOD INSURANCE ACT OF clusions of the study such agency conducted ods and processes by which they could be ap- 1968.—The National Flood Insurance Act of under subsection (a), and each such report plied more broadly across the United States, 1968 (42 U.S.C. 4001 et seq.) is amended— shall include recommendations for the best given the variety of different flood risks, (1) by striking ‘‘Director’’ each place such manner to incorporate voluntary commu- State and local legal frameworks, and evolv- term appears and inserting ‘‘Administrator’’; nity-based flood insurance options into the ing judicial opinions; and national flood insurance program and for a (5) research, review, and identify a variety (2) in section 1363 (42 U.S.C. 4104), by strik- strategy to implement such options that of flood insurance pricing options for flood ing ‘‘Director’s’’ each place such term ap- would encourage communities to undertake hazards behind levees which are actuarially pears and inserting ‘‘Administrator’s’’. flood mitigation activities. sound and based on the flood risk data devel- (c) FEDERAL FLOOD INSURANCE ACT OF SEC. 330. REPORT ON INCLUSION OF BUILDING oped using the top three best value ap- 1956.—Section 15(e) of the Federal Flood In- CODES IN FLOODPLAIN MANAGE- proaches identified pursuant to paragraph surance Act of 1956 (42 U.S.C. 2414(e)) is MENT CRITERIA. (1); amended by striking ‘‘Director’’ each place Not later than the expiration of the 6- (6) evaluate and recommend methods to re- such term appears and inserting ‘‘Adminis- month period beginning on the date of the duce insurance costs through creative ar- trator’’. enactment of this Act, the Administrator of rangements between insureds and insurers

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while keeping a clear accounting of how (b) REQUIREMENTS.—A levee system evalua- which is a major integrated oil company (as much financial risk is being borne by various tion under subsection (a) shall— defined in section 167(h)(5)(B)) to a foreign parties such that the entire risk is accounted (1) comply with applicable regulations re- country or possession of the United States for, including establishment of explicit lim- lated to areas protected by a levee system; for any period shall not be considered a tax— its on disaster aid or other assistance in the (2) be carried out in accordance with such ‘‘(A) if, for such period, the foreign country event of a flood; and procedures as the Secretary, in consultation or possession does not impose a generally ap- (7) taking into consideration the rec- with the Administrator of the Federal Emer- plicable income tax, or ommendations pursuant to paragraphs (1) gency Management Agency, may establish; ‘‘(B) to the extent such amount exceeds the through (3), recommend approaches to com- and amount (determined in accordance with reg- municating the associated risks to commu- (3) be carried out only if the State or local ulations) which— nity officials, homeowners, and other resi- government agrees to reimburse the Sec- ‘‘(i) is paid by such dual capacity taxpayer dents. retary for all cost associated with the per- pursuant to the generally applicable income (b) REPORT.—Not later than the expiration formance of the activities. tax imposed by the country or possession, or ‘‘(ii) would be paid if the generally applica- of the 12-month period beginning on the date TITLE IV—OIL AND GAS SUBSIDIES of the enactment of this Act, the National ble income tax imposed by the country or Academy of Sciences shall submit a report to SEC. 401. LIMITATION ON SECTION 199 DEDUC- possession were applicable to such dual ca- the Committees on Financial Services and TION ATTRIBUTABLE TO OIL, NAT- pacity taxpayer. URAL GAS, OR PRIMARY PRODUCTS Science, Space, and Technology of the House THEREOF. Nothing in this paragraph shall be construed of Representatives and the Committees on (a) DENIAL OF DEDUCTION.—Paragraph (4) of to imply the proper treatment of any such Banking, Housing, and Urban Affairs and section 199(c) of the Internal Revenue Code amount not in excess of the amount deter- Commerce, Science and Transportation of of 1986 is amended by adding at the end the mined under subparagraph (B). the Senate on the study under subsection (a) following new subparagraph: ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- including the information and recommenda- ‘‘(E) SPECIAL RULE FOR CERTAIN OIL AND GAS poses of this subsection, the term ‘dual ca- tions required under such subsection. INCOME.—In the case of any taxpayer who is pacity taxpayer’ means, with respect to any SEC. 332. REPORT ON FLOOD-IN-PROGRESS DE- a major integrated oil company (as defined foreign country or possession of the United TERMINATION. in section 167(h)(5)(B)) for the taxable year, States, a person who— The Administrator of the Federal Emer- ‘‘(A) is subject to a levy of such country or gency Management Agency shall review the the term ‘domestic production gross re- ceipts’ shall not include gross receipts from possession, and processes and procedures for determining ‘‘(B) receives (or will receive) directly or that a flood event has commenced or is in the production, transportation, or distribu- tion of oil, natural gas, or any primary prod- indirectly a specific economic benefit (as de- progress for purposes of flood insurance cov- termined in accordance with regulations) erage made available under the national uct (within the meaning of subsection (d)(9)) thereof.’’. from such country or possession. flood insurance program under the National ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— (b) EFFECTIVE DATE.—The amendment Flood Insurance Act of 1968 and for providing For purposes of this subsection— public notification that such an event has made by this section shall apply to taxable years ending after December 31, 2012. ‘‘(A) IN GENERAL.—The term ‘generally ap- commenced or is in progress. In such review, plicable income tax’ means an income tax the Administrator shall take into consider- SEC. 402. PROHIBITION ON USING LAST-IN, FIRST- (or a series of income taxes) which is gen- ation the effects and implications that OUT ACCOUNTING FOR MAJOR INTE- GRATED OIL COMPANIES. erally imposed under the laws of a foreign weather conditions, such as rainfall, snow- country or possession on income derived (a) IN GENERAL.—Section 472 of the Inter- fall, projected snowmelt, existing water lev- from the conduct of a trade or business with- nal Revenue Code of 1986 is amended by add- els, and other conditions have on the deter- in such country or possession. ing at the end the following new subsection: mination that a flood event has commenced ‘‘(B) EXCEPTIONS.—Such term shall not in- ‘‘(h) MAJOR INTEGRATED OIL COMPANIES.— or is in progress. Not later than the expira- clude a tax unless it has substantial applica- Notwithstanding any other provision of this tion of the 6-month period beginning upon tion, by its terms and in practice, to— section, a major integrated oil company (as the date of the enactment of this Act, the ‘‘(i) persons who are not dual capacity tax- Administrator shall submit a report to the defined in section 167(h)(5)(B)) may not use payers, and Congress setting forth the results and con- the method provided in subsection (b) in ‘‘(ii) persons who are citizens or residents clusions of the review undertaken pursuant inventorying of any goods.’’. of the foreign country or possession.’’. to this section and any actions undertaken (b) EFFECTIVE DATE AND SPECIAL RULE.— (b) EFFECTIVE DATE.— or proposed actions to be taken to provide (1) IN GENERAL.—The amendment made by (1) IN GENERAL.—The amendments made by for a more precise and technical determina- subsection (a) shall apply to taxable years this section shall apply to taxes paid or ac- tion that a flooding event has commenced or ending after December 31, 2012. crued in taxable years beginning after the is in progress. (2) CHANGE IN METHOD OF ACCOUNTING.—In date of the enactment of this Act. SEC. 333. STUDY ON REPAYING FLOOD INSUR- the case of any taxpayer required by the (2) CONTRARY TREATY OBLIGATIONS ANCE DEBT. amendment made by this section to change UPHELD.—The amendments made by this sec- Not later than the expiration of the 6- its method of accounting for its first taxable tion shall not apply to the extent contrary month period beginning on the date of the year ending after December 31, 2012— to any treaty obligation of the United enactment of this Act, the Administrator of (A) such change shall be treated as initi- States. the Federal Emergency Management Agency ated by the taxpayer, TITLE V—THE BUFFETT RULE shall submit a report to the Congress setting (B) such change shall be treated as made forth a plan for repaying within 10 years all with the consent of the Secretary of the SEC. 501. FAIR SHARE TAX ON HIGH-INCOME TAX- PAYERS. amounts, including any amounts previously Treasury, and (a) IN GENERAL.—Subchapter A of chapter 1 borrowed but not yet repaid, owed pursuant (C) the net amount of the adjustments re- of the Internal Revenue Code of 1986 is to clause (2) of subsection (a) of section 1309 quired to be taken into account by the tax- amended by adding at the end the following of the National Flood Insurance Act of 1968 payer under section 481 of the Internal Rev- new part: (42 U.S.C. 4016(a)(2)). enue Code of 1986 shall be taken into account ‘‘PART VII—FAIR SHARE TAX ON HIGH- SEC. 334. NO CAUSE OF ACTION. ratably over a period (not greater than 8 tax- No cause of action shall exist and no claim able years) beginning with such first taxable INCOME TAXPAYERS may be brought against the United States year. ‘‘Sec. 59B. Fair share tax. ‘‘SEC. 59B. FAIR SHARE TAX. for violation of any notification requirement SEC. 403. MODIFICATIONS OF FOREIGN TAX imposed upon the United States by this sub- CREDIT RULES APPLICABLE TO ‘‘(a) GENERAL RULE.— title or any amendment made by this sub- MAJOR INTEGRATED OIL COMPA- ‘‘(1) PHASE-IN OF TAX.—In the case of any title. NIES WHICH ARE DUAL CAPACITY high-income taxpayer, there is hereby im- SEC. 335. AUTHORITY FOR THE CORPS OF ENGI- TAXPAYERS. posed for a taxable year (in addition to any NEERS TO PROVIDE SPECIALIZED (a) IN GENERAL.—Section 901 of the Inter- other tax imposed by this subtitle) a tax OR TECHNICAL SERVICES. nal Revenue Code of 1986 is amended by re- equal to the product of— (a) IN GENERAL.—Notwithstanding any designating subsection (n) as subsection (o) ‘‘(A) the amount determined under para- other provision of law, upon the request of a and by inserting after subsection (m) the fol- graph (2), and State or local government, the Secretary of lowing new subsection: ‘‘(B) a fraction (not to exceed 1)— the Army may evaluate a levee system that ‘‘(n) SPECIAL RULES RELATING TO MAJOR IN- ‘‘(i) the numerator of which is the excess was designed or constructed by the Sec- TEGRATED OIL COMPANIES WHICH ARE DUAL of— retary for the purposes of the National Flood CAPACITY TAXPAYERS.— ‘‘(I) the taxpayer’s adjusted gross income, Insurance Program established under chap- ‘‘(1) GENERAL RULE.—Notwithstanding any over ter 1 of the National Flood Insurance Act of other provision of this chapter, any amount ‘‘(II) the dollar amount in effect under sub- 1968 (42 U.S.C. 4011 et seq.). paid or accrued by a dual capacity taxpayer section (c)(1), and

VerDate Sep 11 2014 14:38 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\BR12\H10MY2.002 H10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6647 ‘‘(ii) the denominator of which is the dollar ‘‘(1) the taxes imposed on the taxpayer (B) by adding at the end the following: amount in effect under subsection (c)(1). under sections 1401, 1411, 3101, 3201, and ‘‘(iii) In the case of a Member, the amount ‘‘(2) AMOUNT OF TAX.—The amount of tax 3211(a) (to the extent such taxes are attrib- to be contributed under clause (i) shall, with determined under this paragraph is an utable to the rate of tax in effect under sec- respect to a period in any year beginning amount equal to the excess (if any) of— tion 3101) with respect to such taxable year after December 31, 2012, be equal to— ‘‘(A) the tentative fair share tax for the or wages or compensation received during ‘‘(I) the amount which would otherwise taxable year, over the taxable year, over apply under clause (i) with respect to such ‘‘(B) the excess of— ‘‘(2) the deduction allowable under section period, reduced by ‘‘(i) the sum of— 164(f) for such taxable year. ‘‘(II) the amount by which, with respect to ‘‘(I) the regular tax liability (as defined in ‘‘(e) SPECIAL RULE FOR ESTATES AND such period, the withholding under subpara- section 26(b)) for the taxable year, TRUSTS.—For purposes of this section, in the graph (A) exceeds the amount which would ‘‘(II) the tax imposed by section 55 for the case of an estate or trust, adjusted gross in- otherwise have been withheld from the basic taxable year, plus come shall be computed in the manner de- pay of the Member involved under subpara- ‘‘(III) the payroll tax for the taxable year, scribed in section 67(e). graph (A) based on the percentage applicable over ‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS under subsection (c) for calendar year 2012.’’. ‘‘(ii) the credits allowable under part IV of CHAPTER FOR CERTAIN PURPOSES.—The tax (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- subchapter A (other than sections 27(a), 31, imposed under this section shall not be TEM.— and 34). treated as tax imposed by this chapter for (1) INDIVIDUAL CONTRIBUTIONS.—Section ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- purposes of determining the amount of any 8422(a)(3) of title 5, United States Code, is poses of this section— credit under this chapter (other than the amended— ‘‘(1) IN GENERAL.—The tentative fair share credit allowed under section 27(a)) or for pur- (A) by redesignating subparagraph (B) as tax for the taxable year is 30 percent of the poses of section 55.’’. subparagraph (C); excess of— (b) CONFORMING AMENDMENT.—Section (B) by inserting after subparagraph (A) the ‘‘(A) the adjusted gross income of the tax- 26(b)(2) of such Code is amended by redesig- following: payer, over nating subparagraphs (C) through (X) as sub- ‘‘(B) Notwithstanding any other provision ‘‘(B) the modified charitable contribution paragraphs (D) through (Y), respectively, and of this paragraph, the applicable percentage deduction for the taxable year. by inserting after subparagraph (B) the fol- under this subsection shall, for purposes of lowing new subparagraph: ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION computing an amount with respect to a ‘‘(C) section 59B (relating to fair share DEDUCTION.—For purposes of paragraph (1)— Member (other than an individual who is a tax),’’. ‘‘(A) IN GENERAL.—The modified charitable revised annuity employee by virtue of be- (c) CLERICAL AMENDMENT.—The table of contribution deduction for any taxable year coming a Member after December 31, 2012)— parts for subchapter A of chapter 1 of such is an amount equal to the amount which ‘‘(i) for a period in calendar year 2013, be Code is amended by adding at the end the bears the same ratio to the deduction allow- equal to the applicable percentage under this following new item: able under section 170 (section 642(c) in the paragraph for calendar year 2012, plus an ad- case of a trust or estate) for such taxable ‘‘PART VII—FAIR SHARE TAX ON HIGH-INCOME ditional 2.5 percentage points; year as— TAXPAYERS’’. ‘‘(ii) for a period in calendar year 2014, 2015, ‘‘(i) the amount of itemized deductions al- (d) EFFECTIVE DATE.—The amendments 2016, or 2017, be equal to the applicable per- lowable under the regular tax (as defined in made by this section shall apply to taxable centage under this paragraph for the pre- section 55) for such taxable year, determined years beginning after December 31, 2012. ceding calendar year (as determined under after the application of section 68, bears to TITLE VI—RETIREMENT CONTRIBUTIONS clause (i) or this clause, as the case maybe), ‘‘(ii) such amount, determined before the FOR MEMBERS OF CONGRESS plus an additional 1.5 percentage points; and application of section 68. SEC. 601. RETIREMENT CONTRIBUTIONS. ‘‘(iii) for a period in any calendar year ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case (a) CIVIL SERVICE RETIREMENT SYSTEM.— after 2017, be equal to the applicable percent- of any individual who does not elect to (1) INDIVIDUAL CONTRIBUTIONS.—Section age under this paragraph for calendar year itemize deductions for the taxable year, the 8334(c) of title 5, United States Code, is 2017 (as determined under clause (ii)).’’; and modified charitable contribution deduction amended— (C) in subparagraph (C) (as so redesignated shall be zero. (A) by striking ‘‘(c) Each’’ and inserting by subparagraph (A)), in the line relating to ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes ‘‘(c)(1) Each’’; and a Member, by striking ‘‘9.3’’ and inserting of this section— (B) by adding at the end the following: ‘‘12’’. ‘‘(1) IN GENERAL.—The term ‘high-income ‘‘(2) Notwithstanding any other provision (2) GOVERNMENT CONTRIBUTIONS.—Section taxpayer’ means, with respect to any taxable of this subsection, the applicable percentage 8423(a)(2) of title 5, United States Code, is year, any taxpayer (other than a corpora- of basic pay under this subsection shall, for amended— tion) with an adjusted gross income for such purposes of computing an amount with re- (A) by striking ‘‘(2)’’ and inserting taxable year in excess of $1,000,000 (50 percent spect to a Member for Member service— ‘‘(2)(A)’’; and of such amount in the case of a married indi- ‘‘(A) for a period in calendar year 2013, be (B) by adding at the end the following: vidual who files a separate return). equal to the applicable percentage under this ‘‘(B)(i) Subject to clauses (ii) and (iii), for ‘‘(2) INFLATION ADJUSTMENT.— subsection for calendar year 2012, plus an ad- purposes of any period in any year beginning ‘‘(A) IN GENERAL.—In the case of a taxable ditional 2.5 percentage points; after December 31, 2012, the normal-cost per- year beginning after 2013, the $1,000,000 ‘‘(B) for a period in calendar year 2014, 2015, centage under this subsection for Members amount under paragraph (1) shall be in- 2016, or 2017, be equal to the applicable per- shall be determined and applied as if section creased by an amount equal to— centage under this subsection for the pre- 601(b)(1)(B) of the Balanced Approach to Re- ‘‘(i) such dollar amount, multiplied by ceding calendar year (as determined under place the Sequester Act of 2012 for Fiscal ‘‘(ii) the cost-of-living adjustment deter- subparagraph (A) or this subparagraph, as Year 2013 had not been enacted. mined under section 1(f)(3) for the calendar the case may be), plus an additional 1.5 per- ‘‘(ii) Any contributions under this sub- year in which the taxable year begins, deter- centage points; and section with respect to Members in excess of mined by substituting ‘calendar year 2012’ ‘‘(C) for a period in any calendar year after the amounts which (but for clause (i)) would for ‘calendar year 1992’ in subparagraph (B) 2017, be equal to the applicable percent age otherwise have been payable shall be applied thereof. under this subsection for calendar year 2017 toward reducing the unfunded liability of the ‘‘(B) ROUNDING.—If any amount as adjusted (as determined under subparagraph (B)).’’. Civil Service Retirement System. under subparagraph (A) is not a multiple of (2) GOVERNMENT CONTRIBUTIONS.—Section ‘‘(iii) After the unfunded liability of the $10,000, such amount shall be rounded to the 8334(a)(1)(B) of title 5, United States Code, is Civil Service Retirement System has been next lowest multiple of $10,000. amended— eliminated, as determined by the Office, ‘‘(d) PAYROLL TAX.—For purposes of this (A) in clause (i), by striking ‘‘Except as Government contributions under this sub- section, the payroll tax for any taxable year provided in clause (ii),’’ and inserting ‘‘Ex- section shall be determined and made dis- is an amount equal to the excess of— cept as provided in clause (ii) or (iii),’’; and regarding this subparagraph.’’.

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IN RECOGNITION OF THE 100TH AN- to play a positive role in the community. ics at Buffalo State College, it gives me great NIVERSARY OF THE BOSTON When firefighters, policemen or other public pride to see such innovative collaborations CARMEN’S UNION, LOCAL 589 servants are killed in the line of duty, mem- come to life. This presents a remarkable op- bers of Local 589 routinely volunteer their time and services to provide transport to and portunity to tell the great story of Buffalo, its HON. WILLIAM R. KEATING from the memorial service. I applaud the rise as one of America’s fastest growing cities OF MASSACHUSETTS Boston Carmen’s Union both for its dedica- with a bustling and diversified economy, home IN THE HOUSE OF REPRESENTATIVES tion to its mission of empowering transpor- of the Pan-American Exposition in 1901, and tation and allied professionals and for its home of many of the great works of architec- Thursday, May 10, 2012 commitment to serving the Boston commu- tural and landscape greats of America. This Mr. KEATING. Mr. Speaker, I rise today to nity and beyond. partnership also allows us to tell the story of recognize the Boston Carmen’s Union, Local Mr. Speaker, I urge my colleagues to join a city that is making a great comeback, in 589, who for the past 100 years has been a me in congratulating the Boston Carmen’s large part due to the creativity and contribu- strong voice for transportation professionals in Union, Local 589, its President John Lee and tions of its citizens. Boston and the surrounding areas. the entire community on the celebration of 100 Mr. Speaker, I ask my colleagues to join me As it celebrates its centennial, the Boston years of service to the Commonwealth of Mas- in recognizing the long-standing work and Carmen’s Union represents 6,000 union mem- sachusetts. commitment of the staff, board of directors, bers and is a part of the Amalgamated Tran- f docents and volunteers at the Buffalo and Erie sit Union, the largest labor union in America County’s Historical Society on the occasion of with over 190,000 members. The union was HONORING THE BUFFALO AND their 150th Anniversary Gala at the grand, born in the same way as the labor movement ERIE COUNTY HISTORICAL SOCI- Hotel Lafayette. itself: with a great deal of cooperation, dedi- ETY’S SESQUICENTENNIAL ANNI- cation and perseverance. In 1912, after a VERSARY AND PARTNERSHIP f number of failed attempts to meet with man- agement to assert their rights and address WITH THE NEWLY RESTORED IN RECOGNITION OF THE PRESIDIO their grievances, the first organized Boston HOTEL LAFAYETTE IN DOWN- ROCKETRY NATIONAL FINALISTS Elevated Carmen’s Union voted to strike— TOWN BUFFALO, NEW YORK 1,389 votes to 8. During the strike, the newly- HON. FRANCISCO ‘‘QUICO’’ CANSECO formed union faced uncooperative tactics HON. BRIAN HIGGINS OF TEXAS and strike breakers hired by the transit com- OF NEW YORK pany. Despite these challenges, the union IN THE HOUSE OF REPRESENTATIVES members fought for their rights, enjoying IN THE HOUSE OF REPRESENTATIVES Thursday, May 10, 2012 strong support from the labor community, Thursday, May 10, 2012 and soon after, from District Attorney Jo- Mr. CANSECO. Mr. Speaker, I am proud to seph Pelletier, Governor Eugene Foss and Mr. HIGGINS. Mr. Speaker, it is my great rise today to congratulate students from Pre- legendary Boston Mayor John ‘‘Honey Fitz’’ honor to recognize the Buffalo and Erie Coun- sidio High School and Lucy Rede Franco Mid- Fitzgerald. Finally, after more than six ty Historical Society (BECHS) on the occasion dle School for qualifying for this year’s Team weeks of striking, the union was able to of their 150th Anniversary celebration. It is America Rocketry Challenge national finals. come to a settlement and gained recognition with great enthusiasm that I learned of their This prestigious competition, which includes from Boston Elevated Company. recent partnership with the newly restored approximately 7,000 students from across the In the years to come, the Carmen’s Union Hotel Lafayette in Downtown Buffalo and I am continued to grow and collaborate with country, is the largest model rocket contest in other local unions, evolving with the chang- inspired by their creative collaboration with the world. ing transit industry to best serve its mem- significant restoration projects throughout our Through their extraordinary talent and hard bers. As it marks this centennial milestone, great city and region. work these 3 teams earned a spot within the the Boston Carmen’s Union has both served As the premier historical organization in top 100 finalists, earning them a trip to Wash- and represented the many transportation western New York, the Buffalo and Erie Coun- ington, DC for the national finals on May 12th. professionals whose important work forms ty Historical Society serves to collect, re- I am proud to congratulate Ana Karen Nieto, the backbone of our city and the surrounding search, interpret and share the rich history of Itza Hanai Rodriguez, Antonio Bujanda, Marla area’s infrastructure. It is with their help the Niagara Frontier. Founded in 1862, the or- that the employees of the MBTA have been Baltazar, Dylan Rivera, Rene Cardona, able to stand up for better working condi- ganization holds more than 100,000 artifacts, Gwynelle Condino, Jillianne Franco, Andres tions, hours and wages. 200,000 photographs, and 20,000 books. Villa, Hector Montemayor, and John Valeriano The Boston Carmen’s Union has a stellar On Thursday May 10, 2012, the Buffalo and for this outstanding achievement and wish record of activism and community service. Erie County Historical Society will celebrate them the best of luck in the competition. This year, the union participated in the Na- their 150th Anniversary Gala and will partner f tional Day of Action for Transportation on with the Hotel Lafayette at a premier event April 4th. The event gathered the Carmen’s held at the hotel to announce their collabora- IN RECOGNITION OF JASON membership and supporters to demand fair tion and concept of leveraging western New BRANCH treatment for transit workers and to dem- onstrate that available, affordable and well- York history as a brand. Their shared vision maintained public transit is an issue of civil will be showcased at the hotel in the form of HON. WILLIAM R. KEATING rights. The union also works hard to build inspired images, artifacts and ephemera from OF MASSACHUSETTS awareness about the crucial role transpor- the museums vast collection. IN THE HOUSE OF REPRESENTATIVES tation professionals play in the daily life of Other creative collaborative efforts include: every Bostonian. From subway drivers to the use of BECHS-designed Pan-American Thursday, May 10, 2012 mechanics to baggage handlers, and so many dinnerware for use as dessert plates in the Mr. KEATING. Mr. Speaker, I rise today to more, members of the Local 589 provide inte- newly named Pan-American Grill and Brewery recognize and congratulate Specialist Jason gral services to their communities every sin- Branch, the winner of the Massachusetts Army gle day. in the Hotel, curating reproduced images for Along with its efforts to improve working the hotel suites and corridors, and wall cov- National Guard’s 2012 Best Warrior Competi- conditions for its membership and empower erings to name a few. tion. them to assert their rights as an employee, As Buffalo’s Congressional Representative, To be eligible for the grueling contest, Spc. the Boston Carmen’s Union values its ability and a former teacher of History and Econom- Branch was first selected by his unit, the

● 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 Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6649 189th Engineer Detachment, as the most dent Ma and his administration have worked of Freedom, the Nation’s highest civilian qualified candidate. The Massachusetts Best tirelessly to develop a strong strategy of rap- honor. Dr. Foege’s commitment to public Warrior Competition is known to test partici- prochement which upholds our shared values health throughout his career—particularly in pants with rigorous physical and mental chal- of freedom, democracy, and the rule of law. I the area of promoting child survival and immu- lenges. Now in its fourth year, the competition look forward to the future as we continue to nization worldwide—is nothing less than ex- continues to evolve to meet the caliber of the work together to seek mutual best interests for traordinary. contestants. This year’s event included tests both the United States and Taiwan. In 1966, Dr. Foege served as a medical of physical fitness and marksmanship, a writ- Mr. Speaker, I would ask that my colleagues missionary in a remote part of Nigeria where ten exam and a challenging mock urban com- join me in congratulating President Ma Ying- he encountered the devastating disease of bat situation. The demanding weekend cul- jeou and wish him continued success as he smallpox. He campaigned tirelessly for a more minated in an interview with a board of Com- begins his second term as president of the aggressive response to this terrible disease. In mand Sergeants Major testing each partici- Republic of China. the absence of sufficient vaccine supply, Dr. pant’s knowledge on a variety of subjects. f Foege developed a strategy called ‘‘surveil- Throughout the competition, Spc. Branch lance and containment’’ to combat the spread demonstrated the dedication, ingenuity and CONGRATULATING CUMBERLAND of smallpox. An innovative strategy, his focus perseverance that make an excellent soldier, SCHOOL OF LAW on ‘‘hot zones’’ was remarkably successful and in the end, emerged victorious amongst and led to the global eradication of smallpox the commissioned officers competing. When HON. SPENCER BACHUS in 1979. not in uniform, he continues to serve his com- OF ALABAMA Dr. Foege’s work led him to become the munity as a Unit Manager at Plymouth’s Ra- IN THE HOUSE OF REPRESENTATIVES Chief of the Centers for Disease Control and Prevention (CDC) Smallpox Eradication Pro- dius HealthCare and Pediatric Center, playing Thursday, May 10, 2012 a vital role in the rehabilitation of the center’s gram and in 1977 he was elevated to Director patients. Spc. Branch truly represents the very Mr. BACHUS. Mr. Speaker, it is an honor to of the CDC where he remained an aggressive best of our community and our country. join my colleagues ROBERT ADERHOLT, MAR- champion for childhood immunization and con- Mr. Speaker, please join me in congratu- THA ROBY, and DENNIS ROSS in congratulating tinued his leadership in the fight for the eradi- lating Spc. Jason Branch as he is honored for Cumberland School of Law on the celebration cation of smallpox. his excellence as a soldier, and we wish him of their fiftieth anniversary as an entity on the Dr. Foege’s accomplishments and awards the best of luck as he moves on to the re- campus of Samford University in Birmingham, are many and span his long career. After leav- gional stage of the competition. Alabama. The school’s legacy and impress ex- ing the CDC, he formed the Task Force for f tends across the globe and indeed into this Global Health (1984), which continues today very chamber, my three colleagues having as a critical nexus for the establishment of CONGRATULATING PRESIDENT MA walked its historic halls as law students. international collaborations to promote child YING-JEOU ON HIS RE-ELECTION What began as a humble and at times wellness and survival. The impact that Dr. struggling law school in the hills of Lebanon, Foege and the Task Force has had on the HON. SAM JOHNSON Tennessee, through tenacity and divine provi- world through childhood immunizations to pre- OF TEXAS dence blossomed into a first rate and nation- vent polio, measles, river blindness, and many IN THE HOUSE OF REPRESENTATIVES ally-recognized center of legal education. other diseases has been nothing short of as- Today, Cumberland boasts the fourth ranked Thursday, May 10, 2012 tonishing. trial advocacy program in the nation and has In 1986, Dr. Foege joined the Carter Center Mr. SAM JOHNSON of Texas. Mr. Speaker, served as the educational backdrop for count- in Georgia serving as their Executive Director I stand today to recognize and congratulate less State and Federal judges, legislators, and until 1992. He is a professor emeritus at the Ma Ying-jeou, President of Taiwan, as he con- other elected officials. Judge John Carroll, Rollins School of Public Health at Emory Uni- tinues to honorably serve the people of the whose service as the Dean and chief advo- versity in Atlanta and an affiliate professor of Republic of China. On January 14, 2012, cate for the law school, deserves our utmost epidemiology in my District at the University of through a free and fair election, the people of commendation for thrusting Cumberland onto Washington (UW), School of Public Health. In Taiwan reelected Ma Ying-jeou to serve a sec- the national stage. His dedication and leader- 1999, he became senior medical advisor to ond term as president, continuing the coun- ship have ensured the continued growth and the Bill & Melinda Gates Foundation where he try’s commitment to a strong and stable demo- prosperity of this respected law school. remains an emeritus fellow. With this record of cratic government. Mr. Speaker, as a body that daily ponders accomplishment and service, it is clear why Over the past century Taiwan has increas- the law and the effects of law, it is only fitting UW chose to name their Bioengineering-Ge- ingly become an influential free-market de- and proper that we honor an institution dedi- nome Sciences building after Dr. Foege. mocracy in the Asia-Pacific region. Now a cated to excellent legal education and com- To this day, Dr. Foege continues to educate model government to surrounding countries, mend Cumberland and Judge John Carroll on the world on domestic and international health Taiwan continues to play a vital role in main- a job very well done. The city of Birmingham, policies through his writing and speaking en- taining peace and stability in the region and our great State of Alabama, indeed the entire gagements. His is a career defined by service has experienced sustained economic growth Nation owes a debt of gratitude to Cum- and rooted in science. Dr. Foege’s enthusiasm and sociopolitical development in recent years. berland School of Law for its educational and talent for global health continues to gen- As a result, U.S.-Taiwan relations have be- prowess, its historic legacy, and its integral erate and influence future generations of pub- come especially close. Our shared economic, part in preparing the next generation of our lic health professionals. I am delighted that he cultural, political, and strategic values coupled Nation’s leaders. has been awarded this honor. with our mutual interest in forging strong ties f f have encouraged innovation and growth be- tween our nations. U.S. arms sales to Taiwan HONORING DR. WILLIAM FOEGE, WELCOMING THE SEVENTH HONOR have more than doubled over the past several RECIPIENT OF THE PRESI- FLIGHT SOUTH ALABAMA TO years and on December 22, 2011, the U.S. DENTIAL MEDAL OF FREEDOM WASHINGTON, DC State Department announced Taiwan’s nomi- nation for inclusion into the Visa Waiver Pro- HON. JIM McDERMOTT HON. JO BONNER gram. Officials estimate acceptance into this OF WASHINGTON OF ALABAMA program will increase the more than 400,000 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Taiwanese citizens who visit the United States each year by 20 to 30 percent. Thursday, May 10, 2012 Thursday, May 10, 2012 As a member of the Congressional Taiwan Mr. MCDERMOTT. Mr. Speaker, I rise today Mr. BONNER. Mr. Speaker, it is with great Caucus, I commend President Ma for his ex- to recognize a great epidemiologist and immu- pride that I recognize Honor Flight South Ala- emplary leadership and his efforts to advance nization champion Dr. William Foege and to bama and the World War II veterans this very and ensure regional stability and peace. Presi- celebrate his receipt of the Presidential Medal special organization is bringing on its seventh

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6650 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 flight to Washington, D.C. on May 9, 2012. It Raymond McCrary; Earl McDonald; Pervis Mc- between an auditor and the public. It is these is also my honor to insert this tribute into the Millan; Nicolas McShea, Jr.; Robert Nodar; relationships, carefully tended, that are the RECORD during the week of the 67th anniver- Edward O’Neal; Charles Parker; Kenneth Pat- foundation of our economy. For 125 years, the sary of the Victory in Europe (V–E Day). rick; Edwin Phillips; Arthur Raines; and James AICPA has been hard at work building this Founded by the South Alabama Veterans Werner. trust by promoting the highest standards of Council, Honor Flight South Alabama is an or- f independence, objectivity, competence, and ganization whose mission is to fly heroes from ethics for the profession. southwest Alabama to see their national me- IN MEMORY OF GARY SAIN The AICPA’s members practice in special- morial. ties across the accounting spectrum—from pri- Nearly seven decades have passed since HON. DANIEL WEBSTER vate practice to business and industry to edu- the end of World War II and, regrettably, it OF FLORIDA cation to government to consulting—but all are took nearly this long to complete work on the IN THE HOUSE OF REPRESENTATIVES supported by the resources, information, and memorial that honors the spirit and sacrifice of Thursday, May 10, 2012 leadership provided by the Institute. The the 16 million who served in the U.S. Armed AICPA serves its members in many activities Forces and the more than 400,000 who died. Mr. WEBSTER. Mr. Speaker, I rise today to including standards, certification, peer review, Sadly, many veterans did not live long enough recognize the passing of a friend and an ar- education, thought leadership, and promoting to hear their country say ‘‘thank you,’’ yet for dent advocate for Central Florida. Gary Sain the public image and professionalism of CPAs. those veterans still living, Honor Flight pro- passed away May 6, 2012, just hours after de- For over a century, the AICPA has stood as vides for many their first—and perhaps only— livering opening remarks at the Boys and Girls a custodian of the accounting community, pro- opportunity to see the National World War II Club of Central Florida’s ‘‘Celebrate the Fu- tecting the integrity of the profession and pro- Memorial, which honors their service and sac- ture’’ fundraiser, an event for which Gary moting the competence of its members. rifice. served as chairman, and which typified Gary’s Today, Americans are served by a cadre of This Honor Flight begins at dawn when the dedication to the people and community of well trained, objective CPAs whose analysis veterans will gather at historic Fort Whiting in Central Florida. and advice serves as the foundation for mil- Mobile and travel to Mobile Regional Airport to I would like to extend my deepest sympathy lions of financial and business decisions each board a chartered flight to Washington. During to Pam Sain and the Sain family. Gary was a day. These professionals are the living legacy their time in their nation’s capital, the veterans talented and enthusiastic proponent of Central of the AICPA’s 125 years of service. will visit the World War II Memorial, Arlington Florida’s future and development. Gary was Today, as a member of AICPA, I join with National Cemetery, and other memorials. personable, humble and energetic. He was re- my fellow CPAs and accountants to congratu- The veterans will return to Mobile Regional freshing to be around and optimistic for the fu- late the staff, leadership, and members of the Airport that evening, where some 1,000 peo- ture. He envisioned great things for Central American Institute of Certified Public Account- ple are expected to greet them. Florida, and he worked hard to make them ants on their 125th Anniversary. Our nation is Mr. Speaker, the May 9, 2012, journey of happen. a better, stronger nation because of your heroes from South Alabama is an appropriate As CEO of Visit Orlando, Gary was instru- work. time for us to pause and thank them—and all mental in making Orlando America’s number f of the soldiers who fought in World War II. one tourist destination. With his work, Orlando They collectively—and literally—saved the became the first travel destination to host PERSONAL EXPLANATION world. They personify the very best America more than 50 million visitors in a calendar has to offer, and I urge my colleagues to take year, with 51.5 million people visiting Orlando HON. LOUISE McINTOSH SLAUGHTER a moment to pay tribute to their selfless devo- in 2010. OF NEW YORK tion to our country and the freedoms we enjoy. Gary’s vision for Orlando, and the legacy he IN THE HOUSE OF REPRESENTATIVES I salute each of the veterans who made the leaves, will serve the Central Florida area well trip to Washington. May we never forget their for years to come. His work will be carried on, Thursday, May 10, 2012 valiant deeds and tremendous sacrifices: but he will be sorely missed. May his example Ms. SLAUGHTER. Mr. Speaker, I was un- Bradford Amazeen; Frank Boykin, Jr.; Henry of dedication, hard work and altruistic enthu- avoidably detained and missed rollcall vote Brady; Wesley Davis; Charles Jackson; siasm lead many to follow in his steps. Nos. 199, 200, 201, 202, 203, 204, 205, 206, Manley Kulman; Archie Lewis; Raymond f 207, 208, 209, 210, 211, 212, 213, 214, 215, Lovell; Travis Mitchell; Niland Mortimer; Wilson 216, 217, 218, 219, 220, 221, 222, and 223. Oglesby; James O’Rear; John Osterday, Sr.; CONGRESSIONAL CAUCUS ON CPA Had I been present, I would have voted ‘‘aye’’ Almon Ready; Kermit Reedstrom; Dr. James AND ACCOUNTANTS on rollcall vote Nos. 202, 205 and 214. I would Rencher; Harold Richard; Jesse Robinson; have voted ‘‘no’’ on rollcall vote Nos. 199, Raymond Roser; Lawrence Roubion, Jr.; John HON. K. MICHAEL CONAWAY 200, 201, 203, 204, 206, 207, 208, 209, 210, Ruffin; James Santa Cruz, Jr.; Harold OF TEXAS 211, 212, 213, 215, 216, 217, 218, 219, 220, Schumann; Richard Stairhime; Lloyd Stewart; IN THE HOUSE OF REPRESENTATIVES 221, 222, and 223. William Sumrall; Harlan Taylor; Tom Ware; f Robert Wheeler; Wendell Williamson; Hugh Thursday, May 10, 2012 Blount; William Boone; Cecil Bosarge; John Mr. CONAWAY. Mr. Speaker, on behalf of HONORING DR. AILEEN RIOTTO Bosco; Howard Bowman; Vercial Bray; William the Congressional Caucus on CPA and Ac- SIREY FOR HER SERVICE TO Brennan; Claude Broun; Johnnie Burgess; countants, I rise today to congratulate the THE NATIONAL ORGANIZATION Paul Carroll, Jr.; Cordelia Catlin; Dan Cole- American Institute of Certified Public Account- OF ITALIAN AMERICAN WOMEN man; Leo Crain; Miles Crutchfield; Carl ants (AICPA), on reaching the historic mile- AND OUR COMMUNITY Daughdrill; Dr. Conan Davis; Nathan Den- stone of 125 years of service to its members mark; Kirby Evans; Almus Goins; Johnnie and the public. Founded in 1887, the AICPA HON. ROSA L. DeLAURO Grovenstein; Michael Guarino; Angelo Harris, has grown into an organization with over OF CONNECTICUT Jr.; John Hickman, Sr.; Joseph C. Holliday; 377,000 members in 128 countries. IN THE HOUSE OF REPRESENTATIVES Philip Kile; Richard Lentz; Alfred Phillips; Ru- As the ten CPAs and accountants in Con- dolph Rolison, Sr; John Tyson, Sr.; Thomas gress, we each have deep personal connec- Thursday, May 10, 2012 Brown; Frank Daniels; Lyman Daugherty; Eli- tions to the accounting profession and pro- Ms. DELAURO. Mr. Speaker, it is with my sha Davis, Jr.; John Folson; Edward found respect for the work the AICPA does to heartfelt thanks and appreciation that I rise Haeflinger; Oliver Henderson, Jr.; Frank strengthen it. As a professional organization, today to join the many family, friends, and col- Holyfield; Hal Johnson; Mitford Keel; Thomas the AICPA supports and educates its mem- leagues who have gathered to pay tribute to Kelly, Jr.; James Lambeth; Father George bers, but it also promotes financial literacy and the invaluable contributions of my good friend, Lassett; Josephine Lassett; Donald LeDuc; education for the general public as well. Dr. Aileen Riotto Sirey. After founding and Seymour Lichtenfeld; Arnold Loucks; John The accounting profession is about trust: leading the National Organization of Italian Magnon; Ulderico Marcucci; Moss McCarty; trust between a CPA and a client, and trust American Women for more than 30 years,

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6651 Aileen has decided to step down from the traordinary example of service and dedica- ACLU RECOGNIZES SHARON helm. She has led NOIAW with pride, integrity, tion—it is a bar to which we should all strive. KISSEL honor and, most importantly, passion—mold- ing it into the outstanding organization it is f HON. ELEANOR HOLMES NORTON today. WOMEN WHO MAKE A DIFFERENCE OF THE DISTRICT OF COLUMBIA Aileen has one of the most unique personal IN THE HOUSE OF REPRESENTATIVES stories I have ever come across. After receiv- ing both her undergraduate and graduate de- HON. MICHAEL G. FITZPATRICK Thursday, May 10, 2012 grees from Brooklyn College, she began OF PENNSYLVANIA Ms. NORTON. Mr. Speaker, I enter this teaching in Brooklyn. With the birth of her IN THE HOUSE OF REPRESENTATIVES statement on behalf of the American Civil Lib- daughter, JoAnne, she left the workforce and Thursday, May 10, 2012 erties Union, ACLU. The ACLU is a non-par- tisan organization with more than 500,000 spent the next five years as a full time mother. Mr. FITZPATRICK. Mr. Speaker, I rise today members, 53 state and local affiliations, and When she decided to go back to work, she to recognize this year’s ‘‘Women Who Make a countless additional activists and supporters, joined Beth Israel Hospital as a community or- Difference’’ being honored by the YWCA in my dedicated to the principles of equality and jus- ganizer and she was soon recruited by the home of Bucks County, Pennsylvania. tice as set forth in the U.S. Constitution and in Maternal Infant Care Project, a program within Since 1954, the YWCA of Bucks County our laws protecting individual rights. The the New York City Health Department, to de- has worked to empower women and provide a ACLU asked me to enter the following state- velop the first In-Hospital Family Planning Pro- wide range of educational programs to the dis- ment into the RECORD recognizing Sharon gram. Under this program, community women advantaged and vulnerable populations in our Kissel, a DC resident who serves as Legisla- were recruited, screened, and trained in peer community. tive Librarian for the organization. counseling in birth control and were placed in After accepting nominations from the com- On the 15th anniversary of Sharon Kissel’s 25 New York City Hospitals. Women talking to munity, the YWCA has chosen the following tenure with the American Civil Liberties Union women about family planning—which at the women to receive this year’s honors: Anne Washington Legislative Office, her colleagues time was still not commonplace—was an ex- Clark, Yolando D’Arcangelo, Jeryl DeGideo, and many friends would like to honor her tre- traordinary effort. Aileen went on to work for Susan Eckert, Mynetta Edwards, Kim Everett, mendous work over the past two decades on two consulting firms in health services and Kathy Feldcamp, L.J. Herman, Jo Klienmann- many of our nation’s most pressing civil rights later earned her doctorate in psychology and Wood, Jacqueline Garnett Neal, Sally Pollock, and civil liberties issues. In her role as the started her own practice. For most this would and Kathleen Rosso-Gana. Legislative Librarian, Sharon is one of the un- seem like a lifetime of work already com- All of these women have made a big dif- sung heroines in the ACLU’s efforts to achieve pleted—but not for Aileen. ference in my Congressional District. Their One of Aileen’s greatest professional inter- equal justice, freedom, and fairness for all. overall empathy for others has helped our ests has been the effects of culture on values, Over the past 15 years, Sharon’s work has neighbors fight life threatening diseases and attitudes, and behaviors. It was because of been critical to a wide range of issues, includ- overcome physical challenges. Their enthu- this interest that, more than 30 years ago, ing the ACLU’s advancement of the Fair Sen- siasm for learning has inspired our youth, and Aileen gathered a small group of Italian Amer- tencing Act, the Violence Against Women Act, their sense of duty has compelled them to as- ican women in her Upper West Side apart- and the ACLU’s national security advocacy. sist total strangers in crisis, sometimes putting ment. That meeting and their desire to assist Sharon has been a key participant in some their own lives at risk. other Italian American women and develop a of the most important civil liberties and civil The hard work and dedication that these nationwide network of women sharing a com- and human rights campaigns over the past 15 women have shown has made Bucks County mon ancestry sparked the formation of the Na- years. One area of concern particularly in a better place for all of us. Thanks again to tional Organization of Italian American which she has been involved is the restoration the YWCA and all of this year’s honorees. Women. Through their commitment to this ef- of the rule of law in interrogations and deten- fort, NOIAW members have developed a very f tion practices in violation of human rights and successful scholarship and mentoring program the U.S. Constitution. She has participated in and also offer a variety of educational and so- MILITARY APPRECIATION MONTH one of the leading coalitions against torture cial programs. Today, NOIAW has a strong and indefinite detention, as a researcher, writ- membership and is well-known as a resource HON. LYNN JENKINS er, and source of wise counsel for her col- for other Italian American women pursuing OF KANSAS leagues. their own educational and professional aspira- IN THE HOUSE OF REPRESENTATIVES Further, her work has been an integral part tions. Throughout our nation’s history, Italian of the ACLU’s efforts to protect our democracy Thursday, May 10, 2012 Americans have played a pivotal role in the from Constitutional amendments that would di- success and progress of America. The myriad Ms. JENKINS. Mr. Speaker, as a Nation, we minish the basic rights afforded to all Ameri- of invaluable contributions that those of Italian pride ourselves on the support we give our cans. Her research and advice were important ancestry have made to this nation are im- men and women in uniform. to helping prevent an array of constitutional measurable. NOIAW celebrates these con- So much so, that over the last ten years, amendments, including the flag desecration tributions and our rich ethnic history—it is ‘‘Support the Troops’’ has become a rallying amendment, the school prayer amendment, Aileen’s lasting legacy to our country and to all cry that cuts through all social and political dif- the federal marriage amendment, and the so- Italian-American families. ference. named victims’ rights amendment. Without the I have had the distinct pleasure to work with This month is Military Appreciation Month, work of Sharon and her coalition partners, the Aileen on a variety of projects over the years. and today I rise to thank the men and women Bill of Rights would have been riddled with ex- She is an extraordinary resource and her posi- serving in our military in Kansas and around ceptions. tive energy and enthusiasm is contagious. She the world. No matter what the issue, Sharon always instills an inspiration in others that does not This week, as the House attempts to block approaches research with a joy and a curiosity quickly fade. I consider myself fortunate to call the gutting of our defense department, I think that is contagious, which is part of the reason her my friend and would be remiss if I did not it is important to remember that the first pri- she is beloved by her current and former col- extend a special note of thanks to her for her ority of the Federal Government is to protect leagues. Sharon is also described by her col- many years of special friendship and support. us and there are brave men and women leagues as a ‘‘genius’’ for her ability to find ar- More than anything else, Aileen’s greatest across the globe who deserve our support. cane tidbits of legislative history. Her daily in- pride is in her family. I am proud to join her So from Fort Riley, Fort Leavenworth, depth review of the CONGRESSIONAL RECORD husband, Charles, her daughter and son-in- Forbes Field, and other military installation and other legislative research provides incred- law, JoAnne and Sol, and her granddaughters, across Kansas’s Second District and indeed ibly timely information. By feeding her col- Emma and Maia, as well as all of those who the world, I want to express my sincere grati- leagues these buried nuggets of information, have gathered this evening in extending my tude to the men and women of our armed Sharon helps the rest of the legislative staff very best wishes to Aileen Riotto Sirey as she services. Your service makes my service pos- shine as advocates for their issues. Sharon is celebrates her retirement. She has set an ex- sible. the ACLU’s secret weapon—pouring over 800-

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6652 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 page bills and the barrage of amendments at- passion of her and her husband throughout She began in the Fairfax County Public tached to omnibus bills. Her keen attention to their lives, and she will often bring back food School System in 1973 as a Physical Edu- Congress and broader public policy debates or treats from her trips to Ireland with Peter to cation teacher and she became the Lead has enabled the ACLU to address many po- share with her colleagues. She is devoted to Physical Education teacher at Mantua 21 tential challenges to civil liberties, even before her family and enjoys her dogs, traveling, gar- years ago. After serving in that capacity for 11 they reach the House or Senate floor. More- dening, art, and music—especially Irish music! years, Ms. Thompson was promoted to Assist- over, Sharon has ushered the entire ACLU The personal and professional lives of her ant Principal, a role which she embraced for team’s legal research capacity into the 21st ACLU colleagues are richer because of the last decade. century. She works continually to maximize re- Sharon’s contributions, and we honor her 15 Ms. Thompson has served the children of sources and expand access to online research years of service to the ACLU and hope for Fairfax County for the past four decades, tools for her colleagues nationally. Throughout many more. spending the last 21 years at Mantua, where her career, Sharon’s colleagues have also f she personified the concept of community- celebrated and admired her perennial role as building. She was the voice of the Mantua Ele- a patient teacher and a devoted mentor to WILLIAM F. EZZELL mentary Intramural Basketball Finals; she or- many who have worked with her over the ganized and served as the DJ for the yearly years. HON. K. MICHAEL CONAWAY Ice Cream Social, Sixth Grade End-of-Year In addition to her invaluable work at the OF TEXAS Party, Spirit Parade, and the Mantua Citizens ACLU, Sharon’s impressive career as a librar- IN THE HOUSE OF REPRESENTATIVES Association Pool Party. Ms. Thompson ian spans over 40 years, and includes her Thursday, May 10, 2012 coached girls’ basketball at Woodson High work at the White House, the World Bank, the School, my daughter’s alma mater, for 14 Federal Reserve, the U.S. Department of the Mr. CONAWAY. Mr. Speaker, I rise today to years, winning a number of division titles and Interior, the Bar Association of the District of pay tribute to William F. (Bill) Ezzell, one of the Virginia State Title in 1982. She earned Columbia, and Shea & Gardner. Sharon also America’s leading Certified Public Accountants Woodson Coach of the Year honors three organized and managed the information re- on his retirement from Deloitte, LLP. times. The athletic instruction and support that source center for President Bill Clinton’s tran- As a member and former Chairman of the Ms. Thompson gave to her students was ex- sition team after his election in 1992. Further- Board of Directors of the America Institute of emplary; however, her dedication to her stu- more, Sharon’s accomplishments in the field Certified Public Accountants (AICPA), Bill has dents’ education is even more admirable. She of library science extend to her professional been an industry leader and pace setter for earned Teacher of the Year and Support Em- affiliations—she has previously served as the the accounting profession. His numerous ac- ployee of the Year honors with Mantua Ele- President of the Law Librarians’ Society of complishments include the establishment of a mentary as well. Washington, DC, and as a Member of the major project within the AICPA foundation to While Ms. Thompson’s absence will be felt Board of Directors of the National Equal Jus- increase the number of PhDs teaching audit- throughout the Fairfax County Public School tice Institute Library. Sharon has also worked ing and tax in university accounting programs. System, and especially at Mantua Elementary as a faculty member for the American Asso- He also played an integral role in the imple- School, her dedication to her community will ciation of Law Libraries Summer Institute. mentation of key legislation including Sar- continue to resonate. I urge my colleagues to Sharon came of age during the civil rights banes-Oxley Act of 2002 as well as the asso- join me in congratulating her on her retirement movement, and her passion for civil rights and ciated regulations. and recognizing her many accomplishments. social justice extends to her personal life. She Bill has been a frequent speaker and pan- f has been actively engaged in DC politics for elist at corporate governance forums and ac- decades and is the go-to resource on local counting conferences and has an expertise in COMMENDING FORMER IOWA civic and political issues, with a particular in- emerging issues of interest to audit commit- CHIEF JUSTICE MARSHA TERNUS terest in safety and zoning issues. Many in the tees, corporate management, and auditors. AND JUSTICES DAVID BAKER office, who have been working in national poli- Bill graduated from the University of North AND MICHAEL STREIT tics for decades, go to Sharon for information Carolina, Chapel Hill with a B.S. degree in on local DC matters. Sharon’s strong personal Business Administration and Accounting and HON. BRUCE L. BRALEY belief in the Bill of Rights and her devotion to had been with Deloitte 38 years. He has been OF IOWA her local community occasionally have a Commissioner on the Pathways Commission IN THE HOUSE OF REPRESENTATIVES sparked her to take action, such as the time on the Future of Accounting Education, a re- Thursday, May 10, 2012 she organized a demonstration of roughly 30 cipient of the AICPA Gold Medal for Distin- librarians in front of Kramer Books when it ap- guished Service, and is a former Chairman of Mr. BRALEY of Iowa. Mr. Speaker, courage peared that the bookstore was going to com- the AICPA Legislative Task Force. is a virtue that is too often in short supply. ply with Kenneth Starr’s subpoena of private Mr. Speaker, the Accounting Profession will That’s why I congratulate former Iowa Chief book purchases in 1998. The owner of the miss Bill Ezzell’s leadership and the Congress Justice Marsha Ternus and Justices David store ultimately decided to challenge the sub- will miss the expertise he has provided Baker and Michael Streit. These courageous poena on constitutional grounds. through the years. I know my colleagues join public servants received the prestigious John Sharon and her beloved husband of over 40 me in thanking my good friend Bill for his F. Kennedy Profile in Courage Award for years, Peter, also are active alumni of their years of service to the accounting profession doing their jobs on the Iowa Supreme Court. alma mater, Syracuse University, and they es- and the guidance he has given us over the Together, they stood up for equal protections tablished an endowed fund at the Maxwell years. We wish him well on a well-earned re- under the law for all Iowans. These coura- School of Citizenship and Public Affairs to tirement and hope he will be successful in his geous Justices were part of a unanimous deci- support activities that contribute to public un- future endeavors. sion that recognized marriage equality for all derstanding of civil rights and liberties. Sharon f Iowans. actually decided to pursue a career in librar- Although these Justices faced intimidation ianship after a work-study job in the Maxwell HONORING CHERYL E. THOMPSON and threats after deciding the landmark case School Library, and Sharon and Peter have UPON HER RETIREMENT Varnum v. Brien, they did what they were sup- long maintained close ties to the school. She posed to do: uphold the Constitution. Justice also received an M.L.S. from the University of HON. GERALD E. CONNOLLY Baker’s words are a great example of why Maryland, where she was a member of the OF VIRGINIA they deserve such a prestigious honor, ‘‘I am Phi Kappa Phi Honorary Society. IN THE HOUSE OF REPRESENTATIVES comfortable with my vote in that case and Beyond her many professional accomplish- even if I had known what would have oc- ments and contributions, Sharon is a dear Thursday, May 10, 2012 curred, I would have not changed my vote. friend to many at the ACLU. She has a gen- Mr. CONNOLLY of Virginia. Mr. Speaker, I We fulfilled our role as judges.’’ erous and compassionate spirit. Sharon is al- rise today to recognize Ms. Cheryl E. Thomp- Efforts to intimidate judges and try and turn ways willing to share her deep love of Ireland son on the occasion of her retirement from the bench into a political soap box will do and Irish politics, which has been a shared Mantua Elementary School on June 30, 2012. nothing to advance justice. Iowa judges are

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6653 chosen based on merit, not politics. After they came active in their new church, Sacred I do not believe this is an appropriate offset for are appointed, their positions are subject to re- Heart, with the local senior club, along with that funding. tention elections. In 2010, these judges were their neighbors and the Palos Park Women’s ‘‘no’’ on rollcall 211, the Broun Amendment on the ballot for a retention vote and were Club. (#2), a wrong-headed attempt to cut funding to ousted from their positions on the Supreme Today as Connie and Carmen Cacciottolo recover Pacific salmon. Court after large sums of out-of-state money celebrate their 60th wedding anniversary with ‘‘no’’ on rollcall 212, the Runyan Amend- funded a ‘‘Vote No’’ campaign. their children, grandchildren, neighbors, ment. While I support increasing funding for They were voted off the bench because friends, and bridal party, I would like to extend the Edward Byrne Memorial Justice Assist- they fulfilled their sworn oath to uphold the my best wishes to the happy couple. This is ance Grant program, which is a worthy pro- Constitution of Iowa, which guarantees equal truly an amazing event in their lives, and as gram, the offset used is ill advised, particularly protection under the law to all citizens of Iowa, they celebrate together their 60 wonderful because it would impact the Civil Rights En- without regard to their sexual orientation. They years of love and marriage, I wish them great forcement Office of the DOJ. are great role models for my children and all happiness and joy for many more years to ‘‘no’’ on rollcall 213, the Davis (IL) Amend- Iowans. By their actions, they became sym- come. ment. While I support the Second Chance Act bols that doing what’s right isn’t always easy; f grants that this amendment sought to increase and doing what’s easy isn’t always right. funding for, I am greatly concerned that the PERSONAL EXPLANATION f State Criminal Alien Assistance Program is al- ready woefully underfunded and cannot sup- HONORING THE 60TH WEDDING AN- HON. MICHAEL M. HONDA port further reducing SCAAP funding for an NIVERSARY OF CONCETTA OF CALIFORNIA offset. (CONNIE) AND CARMEN IN THE HOUSE OF REPRESENTATIVES ‘‘no’’ on rollcall 214, the Grimm Amendment. CACCIOTTOLO While I support the COPS program that this Thursday, May 10, 2012 amendment sought to increase funding for, I HON. DANIEL LIPINSKI Mr. HONDA. Mr. Speaker, on May 8, I was cannot support the use of NASA as an offset. OF ILLINOIS unavoidably detained and was not present for ‘‘no’’ on rollcall 215, the Huizenga Amend- IN THE HOUSE OF REPRESENTATIVES several of the rollcall votes on amendments to ment, which seeks to allow the outsourcing of H.R. 5326 held that day. Had I been present federal correctional worker jobs. Thursday, May 10, 2012 I would have voted: ‘‘no’’ on rollcall 216, the Johnson (GA) Mr. LIPINSKI. Mr. Speaker, I rise today to ‘‘no’’ on rollcall 202, the Peters Amendment Amendment. While I support the EEOC and honor two long time residents of the 3rd Con- to increase funding for the International Trade the purpose that this amendment sought to in- gressional District of Illinois, Concetta, Connie Administration and US Trade Representative crease funding for, I cannot support the use of to her friends, and Carmen Cacciottolo who by decreasing funding for NASA’s Cross NASA as an offset. will be celebrating their 60th wedding anniver- Agency Support account. While I support fully ‘‘no’’ on rollcall 217, the Flake Amendment, sary on May 3rd, 2012. funding the Interagency Trade Enforcement which sought to make drastic cuts to the Na- Their story starts back in 1937 when Connie Center in FY 13, I believe it is unwise to do tional Science Foundation. and Carmen met in their kindergarten class at that by taking funding away from NASA. ‘‘no’’ on rollcall 218, the Westmoreland St. Mary of Mount Carmel School in Chicago. ‘‘no’’ on rollcall 203, the Broun Amendment Amendment, which sought to dramatically re- At the age of five, Connie and Carmen be- (#1), which unwisely seeks to make dramatic duce funding for the Legal Services Corpora- came very good friends; and now, 75 years cuts to numerous accounts in the bill. tion at a time when more and more Americans later, they are celebrating 60 years of mar- ‘‘no’’ on rollcall 204, the McClintock Amend- facing hard times rely upon the services it pro- riage. They attended classes together through- ment, which would make an excessive 59 per- vides. out grade school and split for their four years cent cut to the International Trade Administra- ‘‘no’’ on rollcall 219, the Austin Scott (GA) of high school with Connie attending Lourdes tion at a time when we are trying to grow US Amendment, which went even further than the and Carmen attending Tilden Tech. On May 3, exports. Westmoreland Amendment and sought to 1952, Connie and Carmen were married at St. ‘‘no’’ on rollcall 205, the Michaud Amend- eliminate LSC. Richard Church on Kostner Avenue in Chi- ment to increase funds for Economic Develop- ‘‘no’’ on rollcall 220, the Black Amendment, cago. ment Assistance Programs by taking funds which blocks the federal government’s ability Carmen served our country proudly in the from the Bureau of Census, Periodic Cen- to defend its authority to write and enforce im- United States Army during the Korean War for suses and Programs. While I support increas- migration law. two years. Upon returning home, Carmen ing EDA funding, if there is any lesson to be ‘‘no’’ on rollcall 221, the Blackburn Amend- worked as a full-time printer and lithographer learned from the last decadal census it is that ment, which sought to make indiscriminate, for Raynor/Carquivelle Company while running short-changing the program in the early years across the board cuts of 1 percent throughout the family-owned Italian store on Kolin Avenue of a census cycle leads to much greater costs the bill. ‘‘no’’ on rollcall 222, the Broun (GA) Amend- in the Archer Heights community with Connie. in later years. ment, which sought to make draconian cuts to Connie went on to become a real-estate ‘‘no’’ on rollcall 206, the Scalise Amend- most of the agencies within the bill. agent, insurance sales representative, and fi- ment, which seeks to cut Economic Develop- ‘‘no’’ on rollcall 223, the Southerland nally retired from her job at Talman/LaSalle ment Administration funding at a time when Amendment, which unwisely prohibits the use Bank after 23 years. Carmen retired after 38 we need to invest in growing our economy. of funds to develop, approve, or implement years with Raynor/Carquivelle. Connie and ‘‘no’’ on rollcall 207, the Pompeo Amend- fishing catch shares programs in certain Carmen have raised three beautiful children: ment, which would go even further than the areas. Catch shares have been shown to be James, born in 1957, Albert in 1963, and their Scalise and completely eliminate Economic a successful tool for managing fisheries, one daughter Mary Ann who was born in 1964. All Development Assistance programs and grants. we should not rule out. three of them still live close to their parents in ‘‘no’’ on rollcall 208, the Quayle Amend- the Chicago area preserving their strong fam- ment, which unwisely seeks to cut funding for f ily bonds. the Advanced Manufacturing Technology Con- RECOGNIZING THE RELATIONSHIP Since their retirements, Connie and Carmen sortia, which will help us regain our edge so BETWEEN ISRAEL AND THE have enjoyed spending time with their five that we ‘‘Make it in America’’ again. UNITED STATES grandchildren: Kristin, Anthony Connor, Jenna ‘‘no’’ on rollcall 209, the Harris Amendment, and their angel Megan. Connie and Carmen which continues Republican efforts to keep HON. TOM REED have selflessly given their time for their com- their heads in the sand on climate change by OF NEW YORK munity. They have been active residents in the cutting funding for a NOAA climate website. IN THE HOUSE OF REPRESENTATIVES Chicago Archer Heights neighborhood, at their ‘‘no’’ on rollcall 210, the Grimm Amendment, schools, church, and community, including the which sought to increase funding for Regional Thursday, May 10, 2012 local American Legion and V.F.W. After mov- Information Sharing Activities at DOJ by cut- Mr. REED. Mr. Speaker, I rise today to once ing to Palos Park in 1995 they once again be- ting funding for NOAA. While I support RISS, again reaffirm my interest in maintaining a

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6654 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 strong working relationship with Israel. Unrest As Superintendent for the CDP, Dr. Jones A TRIBUTE IN HONOR OF in the Middle East has once again brought na- brought leadership to workforce, operational FLORENCE LARIVIERE tional security concerns to their doorstep. and contracting challenges. Dr. Jones greatly Our two unwavering democracies in the helped in achieving the mission of the National HON. ANNA G. ESHOO United States and Israel have held firm to- Training Program and institutionalizing the OF CALIFORNIA gether against outside threats for more than CDP as the Nation’s premier first responder IN THE HOUSE OF REPRESENTATIVES 60 years. As a close ally and trading partner, training center in the United States. A native Thursday, May 10, 2012 it is imperative that we provide training and West Virginian, Dr. Jones is married with three materials for their military for years to come. children. Ms. ESHOO. Mr. Speaker, I rise today to The nations surrounding Israel continue to honor an extraordinary woman, an environ- Mr. Speaker, I offer my congratulations to seek nuclear weapons, an action that directly mentalist before the term was invented, one Dr. Jones and thank him for his outstanding compromises the United States’ security and who has taught generations the value of wet- service to our community and our Nation. interests. We must work together to ensure lands and forests, mountains and oceans, and that Israel is able to defend themselves if such who learned and taught so many how to pro- an event occurs. With the passing of H.R. f tect and preserve these immeasurably valu- able resources. A gentle giant of a woman; a 4133, I am pleased to see our nation again HONORING THE 100 YEAR ANNI- confirm its support for Israel’s right to self-de- quiet roar of a voice; a tiny footstep with a VERSARY OF THE SAINTS PETER huge footprint . . . Florence LaRiviere has fense. This security cooperation will provide AND PAUL BASEBALL CLUB Israel with necessary aircraft and weaponry righted many wrongs and prevented many en- against the ever-present threat of attack. vironmental tragedies by the sheer force of The continued violence against the Israeli her knowledge, determination, advocacy, par- people must be condemned. However, as HON. DANIEL LIPINSKI ticipation, and persuasive talents. there is no immediate end in sight, the United OF ILLINOIS Florence LaRiviere recognized the devasta- tion that development was creating in San States must stand up and continue to support IN THE HOUSE OF REPRESENTATIVES Israel as they look to enhance their national Francisco Bay long before others did. She security. Thursday, May 10, 2012 saw the need for a National Wildlife Refuge and working closely with many others, she f Mr. LIPINSKI. Mr. Speaker, I rise today to persuaded Congressman Don Edwards, de- IN RECOGNITION OF THE RETIRE- congratulate the Saints Peter and Paul Base- spite opposition from the U.S. Fish and Wild- MENT OF DR. CHRISTOPHER T. ball Club for one hundred years of service to life Service, to introduce legislation creating JONES Chicago’s McKinley Park community. This the Refuge. President Nixon signed the legis- year, the club will celebrate a century of qual- lation creating it in 1972. HON. MIKE ROGERS ity athletics and social outreach by hosting the One of my proudest moments as a Member of Congress was the 1998 inclusion of the OF ALABAMA Centennial Celebration and Annual Dinner 1600 acres of Bair Island in the Don Edwards IN THE HOUSE OF REPRESENTATIVES Dance. The Saints Peter and Paul Baseball Club has been a valuable asset to the com- San Francisco Bay National Wildlife Refuge. Thursday, May 10, 2012 munity for many years, and I thank all those Florence worked closely with me on this Mr. ROGERS of Alabama. Mr. Speaker, I involved in the club and the current president, project, tirelessly promoting it, working with the ask for the House’s attention today to honor Mr. William Gonerka, for their dedication to Citizens committee, challenging the owners of Christopher T. Jones as he retires from the our community. the property and using many creative means Center for Domestic Preparedness (CDP) in to move public opinion. The club was founded in 1912 by a group Anniston, Alabama. Mr. Speaker, I’m very proud to have my Bay of parishioners from Saints Peter and Paul Dr. Jones joined the U.S. Department of Area colleagues—Rep. ZOE LOFGREN; Rep. Church who realized the need for a commu- Homeland Security’s Federal Emergency Man- MIKE THOMPSON; Rep. MIKE HONDA; Rep. nity organization that could provide both ath- agement Agency (FEMA) as Superintendent JERRY MCNERNEY, and Rep. JACKIE SPEIER letic and social outlets for youth in the area. for the CDP on August 3, 2008. join me in honoring this great and good He began his public service career with the Growing with the community, the club soon woman, our dear friend of many years, as she Department of the Army Medical Command, expanded its sponsorship to other sports such is honored with the 2012 National Wetlands following successful completion of active duty as basketball, softball, and touch football and Award. This is an honor she has earned and as a U.S. Naval Medical Service Corps officer. broadened its fundraising efforts for parishes richly deserves. We ask the entire House of Dr. Jones then served as Deputy Under-Sec- and local schools. For the last twenty years, Representatives to join us in thanking Flor- retary of Defense (Environmental Security) liai- the club has continued its stewardship to the ence LaRiviere for her decades of invaluable son to the U.S. Public Health Service’s Agen- neighborhood by hosting communion break- service. She is a national treasure and it is a cy for Toxic Substances and Disease Registry, fasts, trips to White Sox and Bears games, high privilege to represent her. where he worked collaboratively with Federal and other parish social events. Although f Saints Peter and Paul Church has since joined and State agencies addressing high-risk public PERSONAL EXPLANATION health issues arising from releases of military with St. Maurice and Our Lady of Good Coun- compounds, to include weapons of mass de- sel to form the Blessed Sacrament Parish, struction components and military munitions. members of the club have continued to hold HON. BILL PASCRELL, JR. Dr. Jones earned a Bachelor of Science de- events under their original name. OF NEW JERSEY gree in Health Sciences from Fairmont State For the last one hundred years, the Saints IN THE HOUSE OF REPRESENTATIVES College and a Master of Science degree in Peter and Paul Baseball Club has worked to Thursday, May 10, 2012 Occupational Health from West Virginia Uni- form healthy relationships and camaraderie Mr. PASCRELL. Mr. Speaker, I missed the versity. Additionally, he holds an MBA from among the people of McKinley Park. In sup- following eleven rollcall votes. Had I been Florida Institute of Technology, with an em- porting numerous athletic programs and acting present I would have voted: phasis in federal procurement and earned a as a social organization, the club has created 1. Aye—Peters (D–MI)—Page 3, Line 10- Doctorate of Education from George Wash- a safe and productive outlet for many mem- Adds $9 million for International Trade Admin- ington University’s Executive Leadership Pro- bers of the local community. The work of this istration offset by cuts to Cross Agency Sup- gram. He graduated in 2010 from the Execu- organization has helped members of the com- port—NASA. tive Leadership Program, Center for Homeland munity develop vital leadership skills, appre- 2. Nay—Broun (R–GA)—Page 3, Line 10— Defense and Security at the Naval Post- ciate the value of teamwork, and cultivate self 3% cut to Salaries and Expenses/Administra- graduate School. He’s a member of the Acad- discipline. I am grateful for the Saints Peter tive Accounts, $847 million, and puts the sav- emy of Management and a recipient of The and Paul Baseball Club’s outstanding one ings into the Spending Reduction Account. Surgeon General of the Army Commander’s hundred years of service and am proud of the 3. Nay—McClintock (R–CA)—Page 3, Line Award for Civilian Service. members who keep the club active. 10—Cuts $277.8 million from the International

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6655 Trade Administration and puts the savings into in the Lithium-Ion Battery-Powered Model Car grams for residents who love to learn about the Spending Reduction Account. Challenge. This challenge stimulates creativity our community’s history. The series offered 4. Aye—Michaud (D–ME)—Page 5, Line and fosters engineering skills as students neighbors with similar interests guided visits to 17—Adds $38 million Economic Development compete to design, build, and race model historical sites, roundtables led by distin- Administration, offset: Census Account. cars. guished speakers, and exploration of historical 5. Nay—Pompeo (R–KS)—Amendment No. Since the beginning of January, regional sites both in the neighborhood and throughout 3—Cuts funding for the Economic Develop- tournaments have been held across the coun- the larger community. ment Administration, $219.5 million, and puts try narrowing the competition to the best and Susan brought the same creativity and en- the savings in the Spending Reduction Ac- the brightest in the nation. Hurley Elementary thusiasm to her leadership of the Woman’s count. was the only school from the Midway Network Suburban Democratic Club, Maryland’s oldest 6. Nay—Scalise (R–LA)—Page 6, Line 7— of the Chicago Public School system that and largest political group, which celebrates its Reduces spending and overhead of Economic qualified to compete in the Chicago Regional 55th anniversary this year. As a board mem- Development Administration and the Depart- Science Bowl. Likewise, the national competi- ber and president, she led the group to un- ment of Commerce to FY08 levels and re- tion was extremely tough this year as only 44 precedented growth and activity, encouraging duces the Deficit by $18.2 million. middle school teams earned the opportunity to a broader membership and mentoring younger 7. Nay—Quayle (R–AZ)—Page 11, Line compete in the final rounds in Washington, members. In addition to these achievements, Susan 18—Eliminates funding for Advanced Manu- D.C. was a Master Gardener, the founder of the facturing Technology Consortia, $21 million, As a team of sixth graders competing Chatham College for Women’s Washington and puts the savings into the Spending Re- against students up to two years older, it has Area Alumnae Club, a Democratic precinct duction Account. been an amazing accomplishment for Hurley chair, and a lifelong activist. In 2005, she was 8. Nay—Harris (R–MD)—Amendment No. to make it to the national competition. Al- awarded the William Trimble Beatty Award, 10—Strikes $542,000 increase from National though they did not bring home any awards which is presented to a Chatham College vol- Oceanic and Atmospheric Administration Cli- this year, I am proud that they advanced as unteer who embodies the spirit and hard work mate Website and puts the savings into the far as they did. Their hard work coupled with of that college’s founder, Reverend William Spending Reduction Account. natural talent will take them far in life. I com- Trimble Beatty. Even as she has fought her 9. Aye—Grimm (R–NY)—Page 13, Line 2- mend Ms. Smith-Falicetti, Ms. Del Real, and own battle with cancer, she spoke out against Adds $18 million for Regional Information Ms. Affolter, for motivating these excellent the shortage of some cancer drugs and the Sharing Systems, offset: National Oceanic At- young minds as well. Their leadership and terrible impact these shortages have on those mospheric Administration Climate Services. guidance has been an invaluable asset to this who so desperately need them. 10. Nay—Broun (R–GA)—Page 15, Line team. I am proud of these bright students and Mr. Speaker, I was honored to know Susan 13—Cuts $15 million from the Pacific Coastal I look forward to seeing what they accomplish and to represent her in Congress. As an elect- Salmon Recovery account and puts the sav- in the future. ed official, I benefitted from her idealism, wis- ings into the Spending Reduction Account. f dom, and hard work. More importantly, her 11. Aye—Runyan (R–NJ)—Page 21, Line strong sense of community and her dedication 23—Transfers $22.4 million from Department TRIBUTE TO SUSAN BLACK to building a better, more educated and of Justice General Administrative Expenses to ELWELL thoughtful community made the world a better the Byrne Memorial Justice Program. place, and she will be deeply missed. f HON. CHRIS VAN HOLLEN I send my deepest condolences to her hus- OF MARYLAND band Richard and son Martin, stepsons David, TO COMMEND THE HURLEY ELE- IN THE HOUSE OF REPRESENTATIVES Joe, and Peter, and daughter-in-law, Josie, MENTARY SCIENCE BOWL TEAM and ask that my colleagues join me in paying Thursday, May 10, 2012 FOR REACHING THE NATIONAL tribute to this remarkable woman. SCIENCE BOWL Mr. VAN HOLLEN. Mr. Speaker, I rise to f pay tribute to Susan Black Elwell, a con- HON. DANIEL LIPINSKI stituent and a woman of strength, courage, CONGRATULATING GOLD EAGLE and vision. I am sad to say that Susan just CO. OF CHICAGO FOR RECEIVING OF ILLINOIS THE PRESIDENT’S ‘‘E’’ AWARD IN THE HOUSE OF REPRESENTATIVES lost her life to cancer, but, until her very last weeks, she used her life to make a difference Thursday, May 10, 2012 in the lives of others. From her work as a HON. DANIEL LIPINSKI Mr. LIPINSKI. Mr. Speaker, I rise today to founder and director of an innovative neigh- OF ILLINOIS recognize Alfredo Guzman, Ulises Trejo, borhood nursery school and her visionary IN THE HOUSE OF REPRESENTATIVES Vanessa Campos and Alondra Arciga of Hur- leadership of the largest and oldest women’s Thursday, May 10, 2012 ley Elementary School, and their coaches Ms. political club in Maryland, to her service as a Mr. LIPINSKI. Mr. Speaker, I rise today to Jazmine Smith-Falicetti, Ms. Roxana Del Real, Peace Corps volunteer, Susan sought to en- honor the owners and employees of the Gold and Ms. Shellie Affolter for earning the oppor- lighten and engage others through education Eagle Company of Chicago, Illinois. On May tunity to compete in the 2012 National Science and activism. 17, 2012, they will receive the prestigious Bowl. Born in North Bay, Ontario and raised in President’s ‘‘E’’ Award from the Department of Two weeks ago, I had the opportunity to Pittsburgh, Pennsylvania, Susan graduated Commerce. The ‘‘E’’ Award is presented to se- meet with these outstanding students and con- from Chatham College for Women in 1962. lect American companies that demonstrate ex- gratulate them and their teachers on their suc- She came to Washington as a young college cellence in their ability to export American cess. They clearly represent our country’s graduate, working for the Washington Urban goods abroad. I appreciate the work of the bright future. Their confidence, intellect, and League and then the Peace Corps, where she employees and management at this company respectfulness will take them far, and I en- met her husband Richard. They served in the who have demonstrated leadership and resil- couraged them to pursue studies in science, Peace Corps together in Niger. After returning ience over the past several years. engineering, and math. to the Washington, D.C. area and starting a Creative and successful in its business The National Science Bowl is a nationwide family, Susan became a founder and the first growth model, Gold Eagle utilizes innovative academic competition that tests students’ director of the Chevy Chase Baptist Church international marketing strategies that have led knowledge of mathematics and science. This Children’s Center for children aged 6 months to four years of dynamic export expansion. competition was launched by the Department to 5 years. An innovative school, CCBC Chil- Moreover, Gold Eagle has demonstrated its of Energy as a new way to encourage stu- dren’s Center became a much sought-after ability to overcome export barriers, selling its dents’ interest in math and science career op- nursery school. products in more than 75 countries and five portunities. During the bowl, competitors par- Susan was an active member of the Chevy continents. To reward rising global sales and ticipate in a fast paced question-and-answer Chase Historical Society Board. In 2007, she its commitment to entering international mar- quiz, as well as attend science seminars and launched a new Historical Society program kets, the Department of Commerce will recog- workshops. Middle school teams also compete called ‘‘History Go-Round,’’ a series of pro- nize Gold Eagle at its 50th Annual President’s

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6656 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 ‘‘E’’ Award Ceremony. The Secretary of Com- humously, to Mr. Hirabayashi. He had the Rose’s vision, leadership, business and com- merce, John Bryson, will present the award. bravery and strength to stand up for civil rights munity relationships, and sheer determination For strengthening America’s trade portfolio during a time when racism was widespread have grown Davis Street from the $380,000 and creating high-paying jobs, I commend ev- against Japanese and people of Japanese de- organization of 1994 to the current $11,000 eryone at Gold Eagle for their hard work in scent. I join many in honoring Mr. Hirabayashi million dollar agency today. pioneering product development and market for his courage. Davis Street provides childcare services to expansion. f over 1,000 children monthly and over 4,000 in- Located on Chicago’s Southwest side, Gold dividuals receive food and clothing from the Eagle has been an unwavering stalwart of the MAJOR GENERAL ROBERT SCOTT Center. Hundreds of individuals, who are unin- local economy. The company, founded in FRIX sured and underinsured, are seen in the Cen- 1932, is an industry leader in the manufac- ter’s medical and dental clinic and hundreds of turing of automotive and marine engine addi- HON. ED PERLMUTTER others consult with housing and employment tives, fluids, and cleaners. This is not the first OF COLORADO specialists, tax specialists, therapists, and time Gold Eagle’s excellence has been recog- IN THE HOUSE OF REPRESENTATIVES counselors who specialize in drug and alcohol nized: the company was named by the Illinois prevention. Department of Commerce and Economic Op- Thursday, May 10, 2012 In October 2002, Rose achieved her per- portunity as 2008’s Manufacturer of the Year, Mr. PERLMUTTER. Mr. Speaker, I rise sonal goal of creating a ‘‘one stop shop’’ in the and Chairman Bob Hirsh and Vice President today to celebrate the life of Major General form of the Davis Street Family Resource Rich Hirsh were named Ernst & Young’s Illi- Robert Scott Frix, and recognize his 34 years Center. All of the agency’s programs are in nois Entrepreneurs of the Year in 2002. In its of service in the United States Army. General one location, thereby eliminating transportation mission to create innovative chemical products Frix will be interred May 11, 2012 at Arlington obstacles for those needing assistance. that help ‘‘protect, preserve, and perform,’’ National Cemetery. Under Rose’s advocacy and leadership, Gold Eagle has been committed to community Major General Frix served in the United Davis Street launched a $3.5 million Capital development, sustainability, and employee sat- States Army for 34 years as a combat infan- Campaign to secure the purchase of Davis isfaction for over eighty years. tryman, Ranger instructor, master parachutist, Street’s 22,000 square foot building. On June For their efforts in creating manufacturing and master aviator. He served tours in the 30, 2010, the organization became proud own- jobs and providing quality products around the Vietnam War, Operations Desert Shield and ers of the building. world, I am proud to have Gold Eagle in my Desert Storm, and was deployed to Pakistan, In addition to her work at Davis Street, Rose district. I wish them my sincerest congratula- Afghanistan, Kenya, and Somalia. Among is active in the community contributing her tions as they receive this prestigious award, Major General Frix’s decorations are the Dis- time and expertise to the San Leandro Cham- and thank them for their efforts in driving ex- tinguished Service Medal, Legion of Merit, Dis- ber of Commerce, Alameda County Childcare port growth in this challenging global trade en- tinguished Flying Cross, Bronze Star Medal, Local Planning Council, the San Leandro Ro- vironment. Air Medals for valor, Meritorious Service tary Club and is co-administrator of the f Medal, and the Army Commendation Medal. RotaCare Free Clinic. She is the recipient of Major General Frix passed away Thursday, many significant awards and honors. HONORING MR. GORDON December 15, 2011, at his home in Sequim, I join the community in congratulating Rose HIRABAYASHI, RECIPIENT OF Washington. He is survived by his loving wife, Padilla Johnson for her 20 years of exemplary THE PRESIDENTIAL MEDAL OF Maureen; his sister, Joanna; his brother-in- commitment and leadership, which have lead FREEDOM law, Andrew; his son, Alexander; his daughter- to the phenomenal success of the Davis in-law, Kathryn; and his daughter, Michele. Street Family Resource Center. HON. JIM McDERMOTT Major General Frix lived his life in dedication f OF WASHINGTON to his Country, and he has passed that down TRIBUTE TO PETE REIXACH IN THE HOUSE OF REPRESENTATIVES to his family. Major General Frix’s life serves Thursday, May 10, 2012 as an inspiration to all of us on living a life dedicated to service to our country and to our HON. RON PAUL Mr. MCDERMOTT. Mr. Speaker, I rise today OF TEXAS fellow man. to recognize the late Mr. Gordon Kiyoshi IN THE HOUSE OF REPRESENTATIVES Hirabayashi and to celebrate his Presidential f Medal of Freedom, the Nation’s highest civil- Thursday, May 10, 2012 HONORING ROSE PADILLA JOHN- ian honor. As a student at the University of Mr. PAUL. Mr. Speaker, I rise today to rec- SON AND THE FAMILY RE- Washington during the bombing of Pearl Har- ognize A.J. ‘‘Pete’’ Reixach, Jr. as he retires SOURCE CENTER bor, Mr. Hirabayashi resisted the internment of from his longtime position as the executive Japanese Americans by refusing to board a port director for Port Freeport, Texas. Port bus to an internment camp and by questioning HON. FORTNEY PETE STARK Freeport is one of the largest ports in my dis- the constitutionality of an imposed curfew. OF CALIFORNIA trict, and it has been a pleasure to work along- Mr. Hirabayashi challenged Executive Order IN THE HOUSE OF REPRESENTATIVES side Mr. Reixach on a number of maritime issues. Pete is very well known in South 9066, which authorized the Japanese Amer- Thursday, May 10, 2012 ican internment during World War II. Along Texas and the port community not only for his with Mr. Hirabayashi, Fred Korematsu and Mr. STARK. Mr. Speaker, I rise today to pay strong commitment to Port Freeport, but also Minoru Yasui brought lawsuits before the Su- tribute to Rose Padilla Johnson, and the Fam- for his efforts to expand international trade preme Court. Though Mr. Hirabayashi lost his ily Resource Center located in San Leandro, throughout the Gulf. He also is very well first case in 1943, he would go on to win in California. The Davis Street Family Resource known for his tremendous contributions to the 1987 as the evidence proved there was no Center provides services to over 20,000 peo- Brazoria County business community. military reason for the exclusion order. ple annually. Rose Johnson has provided out- I’m happy to announce that Pete will not be As Mr. Hirabayashi noted ‘‘there was a time standing leadership as Executive Director of retiring from the port business altogether, how- when I felt that the Constitution failed me, but the Center for the past twenty years. ever. On the contrary, congratulations are in with the reversal in the courts and in public Rose has transformed Davis Street into one order for his recent promotion to chairman of statements from the government, I feel that of the most vibrant and comprehensive non- the American Association of Port Authorities our country has proven that the Constitution is profit providers of human services in Central board. With his years of experience, talent, worth upholding. The U.S. government admit- Alameda County and the Greater San Leandro and expertise on a wide variety of issues I am ted it made a mistake. A country that can do area. certain Pete will enjoy a very successful ten- that is a strong country. I have more faith and She began her career working with low in- ure as chairman of the AAPA board. I’m also allegiance to the Constitution than I ever had come, immigrant families in Alameda County. happy to see the Gulf coast represented at the before.’’ Her focus on working poor families throughout highest level of the AAPA. As the representative of Seattle, I am proud her career has led her to develop a keen un- Pete has been an integral part of Gulf Coast this high honor will be presented, albeit post- derstanding of the problems facing them. port operations since his career began in

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6657 1970. He started as the assistant manager of SIX ISSAQUAH POLICE OFFICERS Densley was an All-American football and bas- the Greece-based Hellenic Lines Ltd. in New HONORED IN WASHINGTON, D.C. ketball player at Jordan High School and is an Orleans. He later arrived in Houston to be- alumnus of Brigham Young University. He was come the general manager for Netherlands- HON. DAVID G. REICHERT honored with the Distinguished Alumni Award based F.A. Voight Inc., before becoming the OF WASHINGTON from the same university. Texas Gulf Coast port assistant manager in IN THE HOUSE OF REPRESENTATIVES I invite my colleagues to join me in cele- 1985 and then general manager in 1986. In brating the accomplishments of this commu- Thursday, May 10, 2012 1988 he finally made his way down to Port nity leader who has served the Utah Valley Freeport where he has been the executive Mr. REICHERT. Mr. Speaker, September 24 Chamber of Commerce for the past 30 years. port director now for over 20 years. of last year during a beautiful fall afternoon, In essence Steve Densley built the Utah Val- six police officers in Issaquah, Washington ley Chamber of Commerce into what it is Port Freeport is ranked 16th among U.S. stopped a gunman intent on murdering inno- today and will leave a lasting legacy. ports in international cargo transport. The cent people. Because of their quick actions f landscape extends over 7,500 acres creating and bravery, the officers will be honored Sat- promise for future infrastructure and develop- urday evening at the 19th annual TOP COPS ERIKA SOLIS ment. Port Freeport serves my district through Awards ceremony in Washington, D.C. technological advancement and is one of the On that fateful day last fall, the gunman HON. ED PERLMUTTER leading job creators on the Texas Gulf Coast. walked through yards and on sidewalks indis- OF COLORADO Pete understands the importance of economy- criminately firing a rifle at homes, businesses, IN THE HOUSE OF REPRESENTATIVES enhanced sustainability efforts especially dur- and passersby. Not far away, more than 100 Thursday, May 10, 2012 ing these tumultuous times. people were watching a youth football game at Mr. PERLMUTTER. Mr. Speaker, I rise Not only has Pete been a treasured asset in a local school. Before the players and spec- today to recognize and applaud Erika Solis for Port Freeport, but he has also taken an active tators could find refuge, the six officers put an end to his rampage utilizing the information receiving the Arvada Wheat Ridge Service role on the national level as chairman of the Ambassadors for Youth award. Erika Solis is Gulf Ports Association of the Americas and being relayed via 9–1–1 operators. On that day, as on every day, law enforcement officers a 12th grader at Jefferson Senior High and re- was vice chairman of AAPA Legislative Policy saved lives calmly, swiftly and selflessly. ceived this award because her determination Council. Locally, he has also been involved Each year, Mr. Speaker, the National Asso- and hard work have allowed her to overcome with the Texas Ports Association and served ciation of Police Organizations recognizes law adversities. on the Brazosport Area Chamber of Com- enforcement officers from federal, state, coun- The dedication demonstrated by Erika Solis merce. try and local agencies for acts of bravery, is exemplary of the type of achievement that The AAPA board has certainly gained a courage and outstanding service to their com- can be attained with hard work and persever- knowledgeable leader to spearhead their inter- munities over the preceding year. I am proud ance. It is essential students at all levels strive national trade efforts. In September, Pete will that six of our nation’s finest officers—and to make the most of their education and de- assume a one year chairmanship during the who serve in the district that I represent—8th velop a work ethic which will guide them for AAPA’s 99th annual convention in Halifax, of Washington—will be acknowledged with the the rest of their lives. Nova Scotia. Mr. Speaker, it is my pleasure to rest of our heroes during police week. I extend my deepest congratulations to commemorate this great accomplishment and Mr. Speaker, to Officers Brian Horn, Jesse Erika Solis for winning the Arvada Wheat to wish Pete Reixach all the best as he moves Petersen, Laura Asbell, Tom Griffith, Corporal Ridge Service Ambassadors for Youth award. into the next part of his career. Christian Munoz, and Sergeant Chris Wilson, I have no doubt she will exhibit the same dedi- I say ‘‘thank you.’’ I will continue to support cation and character in all her future accom- plishments. f you and all of our law enforcement profes- sionals around the country. f JANELLE JAMISON f HONORING HOBSON PATRICK HONORING STEVE DENSLEY WOOD HON. ED PERLMUTTER HON. JASON CHAFFETZ HON. JOHN J. DUNCAN, JR. OF COLORADO OF UTAH OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, May 10, 2012 Thursday, May 10, 2012 Thursday, May 10, 2012 Mr. CHAFFETZ. Mr. Speaker, I rise to honor Mr. DUNCAN of Tennessee. Mr. Speaker, I Mr. PERLMUTTER. Mr. Speaker, I rise the service and dedication of Steve Densley, wish today to honor one of the most prominent today to recognize and applaud Janelle President and Chief Executive Officer of the leaders in my District. Jamison for receiving the Arvada Wheat Ridge Utah Valley Chamber of Commerce. He Hobson Patrick Wood, or Pat as he was Service Ambassadors for Youth award. served and guided Utah Valley for over three known by everyone, passed away recently at Janelle Jamison is a 12th grader at Ralston decades, becoming the second longest sitting the age of 83. He was well-known and be- Valley High and received this award because Chamber President in Utah history. Steve loved in Knoxville for his endless optimism her determination and hard work have allowed Densley leaves a tradition of excellence in and service. her to overcome adversities. business and leadership throughout Utah Val- Pat was a longtime friend of mine, and my The dedication demonstrated by Janelle ley. He has been recognized numerous times District is a better place because of him and Jamison is exemplary of the type of achieve- throughout his career including the Provo City his tireless effort to make Knoxville a better ment that can be attained with hard work and Mayor’s Medal of Honor and the Silver Beaver place, both through his business ventures and award from the Utah National Parks Council of through community service. perseverance. It is essential students at all the Boy Scouts of America. Mr. Densley was He is probably best known for his real es- levels strive to make the most of their edu- also chosen to be a representative of the U.S. tate and insurance firm, the Wood Agency, cation and develop a work ethic which will Chamber of Commerce to serve on the West- which he created in the 1950’s. He later went guide them for the rest of their lives. ern Region Board of Regents. Mr. Densley on to form the Lawler-Wood group, which is I extend my deepest congratulations to has served on over 70 boards, committees responsible for developing large portions of Janelle Jamison for winning the Arvada Wheat and councils during his 30-year career. downtown Knoxville, including the old Whittle Ridge Service Ambassadors for Youth award. Steve Densley is a 35-year resident of the building now housing the U.S. District Court I have no doubt she will exhibit the same dedi- city of Provo and the proud husband of Col- and my Knoxville District office. Much of the cation and character in all her future accom- leen Densley. They have a beautiful family, downtown skyline of Knoxville is a product of plishments. with six children and 17 grandchildren. Mr. Pat’s community development work.

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6658 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 His business partner, Rodney Lawler, re- HONORING COMMUNITY HEALTH can continue to provide outstanding care to membered Pat as one of the most generous CENTER, INC. AS THEY CELE- the thousands of residents they see every people he has ever known. He told the Knox- BRATE THEIR 40TH ANNIVER- year. ville News Sentinel the only disagreement the SARY I could not be more proud to join the Mid- two men ever shared was when Pat tried to dletown community in celebrating this very give him too big a share of a deal they were HON. ROSA L. DeLAURO special anniversary with the Community working on. ‘‘We had a disagreement, a size- OF CONNECTICUT Health Center. Their outstanding dedication able disagreement, over him being too gen- IN THE HOUSE OF REPRESENTATIVES and commitment to ensuring that everyone— erous to me,’’ Lawler said. regardless of circumstance—has access to af- Thursday, May 10, 2012 Pat loved Knoxville and spent his entire ca- fordable, quality health care serves as an ex- reer there, never losing touch with East Ten- Ms. DELAURO. Mr. Speaker, it gives me ample to us all. I am honored to extend my nessee despite great personal success. great pleasure to rise today to join all of those heartfelt congratulations and very best wishes He also served the community as a political gathered in congratulating the Community to Mark Masselli and the entire CHC family on leader, being elected to the Knox County Health Center, Inc. on their 40th anniversary. this very special occasion. Court and serving on the board of the 1982 This is a remarkable milestone for this out- f World’s Fair, which he was instrumental in standing organization and I am proud to rec- bringing to Knoxville. ognize their invaluable contributions to our RECOGNIZING CONVOY OF HOPE I offer my condolences to his three children, community. five grandchildren, and devoted wife of 25 Health care is a right, not a privilege. It is HON. BILLY LONG years, Brenda, who said she will remember a simple motto and the fundamental basis of OF MISSOURI Pat as ‘‘a loving husband and father and the establishment of Community Health Cen- IN THE HOUSE OF REPRESENTATIVES ter, Inc. Forty years ago, a group of students friend.’’ Thursday, May 10, 2012 I too will remember Pat as a good family from Wesleyan University joined with commu- man who touched the lives of hundreds of nity activists in Middletown—drawn together Mr. LONG. Mr. Speaker, I rise today to rec- people in many positive ways. through a shared vision for affordable, acces- ognize Convoy of Hope’s generous outreach Mr. Speaker, I urge my colleagues and sible and responsive health care—to create a following last year’s tornado which devastated other readers of the RECORD to join me in re- free clinic to meet the needs of the commu- the community of Joplin, Missouri, on May 22, membering Pat Wood and the immeasurable nity. Fueled by idealism and a deep belief that 2011. impact he made on my District. patients should be the cornerstone of what- Convoy of Hope provides food, clothing, ever was created, the Community Health Cen- medical aid and other resources to disaster f ter, Inc. was born. areas or to those in need. They are a shining Since its inception, CHC has become a fix- example of the generous American spirit and PERSONAL EXPLANATION ture in Middletown’s downtown community. the immense power of private faith-based What began as a free clinic has grown to pro- charities to be a force for good in our local HON. LOUISE McINTOSH SLAUGHTER vide care for 130,000 Connecticut residents— communities. Since its founding in 1994, Con- OF NEW YORK ninety percent of whom live at or near poverty voy of Hope has served over 51 million people level. Though its main offices remain in Mid- throughout the world. Hours after the tornado IN THE HOUSE OF REPRESENTATIVES dletown, CHC has expanded to include more struck Joplin, Convoy of Hope was on the Thursday, May 10, 2012 than two hundred locations throughout Con- scene offering a helping hand to those in Ms. SLAUGHTER. Mr. Speaker, I was un- necticut. In addition to the provision of primary need. avoidably detained and missed rollcall vote care, CHC has also become known for its Convoy of Hope’s initial response was co- Nos. 196, 197, and 198. Had I been present, work in two other areas: research innovation ordinated with the cooperation of Ignite I would have voted ‘‘aye’’ on rollcall vote Nos. through their Weitzman Center as well as Church in Joplin where a mobile distribution 196, 197 and 198. training the next generation of health profes- site was established. Twelve local churches in sionals through their residency programs. Rec- Joplin and surrounding states organized volun- f ognized as a national model of care, most re- teers to assist Convoy of Hope in the disaster cently CHC was named by both the Joint response effort, which has provided more than JACOB CISNEROS Commission and the National Committee for 3 million pounds of food, water and supplies to Quality Assurance as a Primary Care Medical help the community get back on its feet. HON. ED PERLMUTTER Home—the first and only health care organiza- Through a partnership with Pyramid Foods, OF COLORADO tion in Connecticut, and one of the first in the Convoy of Hope operated a ‘‘compassion IN THE HOUSE OF REPRESENTATIVES Nation, to receive such a designation. store’’ where tornado victims received free re- President and CEO Mark Masselli has been lief products like rakes, shovels, trash bags Thursday, May 10, 2012 there from the beginning. As a founding mem- and gloves to assist them with debris removal. Mr. PERLMUTTER. Mr. Speaker, I rise ber of CHC, Mark has devoted a lifetime of The compassion store remained opened until today to recognize and applaud Jacob hard work and energies to turning the vision of November 2011. Cisneros for receiving the Arvada Wheat CHC into a reality. His leadership has been in- In January 2012, Convoy of Hope an- Ridge Service Ambassadors for Youth award. tegral to the success of CHC and I would be nounced their commitment to provide $1 mil- Jacob Cisneros is an 11th grader at Jefferson remiss if I did not extend a special note of lion to help tornado victims on the series finale Senior High and received this award because congratulations and thanks to Mark for his ex- of ABC’s Extreme Makeover: Home Edition, his determination and hard work have allowed traordinary work. which featured the building of seven homes in him to overcome adversities. I have had the privilege of working closely seven days in Joplin. In February, Convoy of The dedication demonstrated by Jacob with Mark and the team at CHC and have Hope, in partnership with the Global Green Cisneros is exemplary of the type of achieve- often found myself in awe of the quality and Building, Project Safe Home and T.F. Con- ment that can be attained with hard work and quantity of service that they provide every day. crete Forming systems, embarked on a mis- perseverance. It is essential students at all The staff and administration dedicate them- sion to help build storm-resilient homes for at levels strive to make the most of their edu- selves to providing those most in need with a least a dozen deserving families. cation and develop a work ethic which will wide-range of patient-centered medical, dental Convoy of Hope is constructing homes that guide them for the rest of their lives. and behavioral health services. In fact, as they emphasize protections against strong winds I extend my deepest congratulations to celebrate their 40th anniversary, they also and promote energy efficiencies. Convoy of Jacob Cisneros for winning the Arvada Wheat mark the opening of the newest addition—the Hope and its partners are coordinating these Ridge Service Ambassadors for Youth award. Dodd Primary Care Center, a revolutionary and future efforts with the Department of I have no doubt he will exhibit the same dedi- new space housing a 21st century delivery Homeland Security and the Federal Emer- cation and character in all his future accom- system of primary health care. This innovative, gency Management Agency to provide guid- plishments. and beautiful, new facility will ensure that CHC ance on other future ‘‘resilient’’ constructions.

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6659 These new high-tech, low-energy buildings are Fort Lewis, Washington during Operation Iraqi mind and was one of the most knowledgeable specially designed with reinforced concrete Freedom. She explained that she wanted to people I ever met in the field. His efforts to walls and other innovations to be sturdier than gain life lessons as an enlisted soldier before make education more effective made a dif- traditional houses. one day receiving a commission. ference in the quality of education in whatever Convoy of Hope and their 3,852 volunteers One of the first women injured during the he touched. Education is better because of served 12,161 families, helped clear and clean beginning of the conflict in Iraq, Danielle had him. 42 houses at no cost to the homeowners, and been at her post for only a few minutes when As a young teacher, Dan toiled and suffered completed four major critical needs projects two rocket propelled grenades hit a barrier on innumerable indignities securing the signa- for homeowners who did not have adequate the ground and exploded. A third hit her arm tures that formed the roots and early support resources to address the safety concerns on and damaged her thigh and face. She lost her base for the Michigan Education Association. their property. left hand and arm and was awarded the Pur- As an Assistant Superintendent for the first Convoy of Hope’s generous spirit of out- ple Heart. Wayne County Intermediate School District, reach helped thousands of Joplin residents Presently, Danielle is the assistant sports and then the modernized and retooled Wayne during a dark chapter in their lives. I know that coordinator in the Chicago Board of Edu- Regional Education Service Agency, Dan not many families impacted by this tornado are cation’s Department of Sports Administration only crafted the Michigan student aid formula grateful for the helping hand and support they and Facility Management and spends time section for education service agencies, but be- received from Convoy of Hope. with military veterans in the Chicagoland area. came the go-to person whenever any legisla- f She enjoys time playing golf, a sport that she tive bill or regulation even hinted at changing has said has taught her patience and brought state education policy or practice for the coun- FRANK CURIEL enjoyment. ty school district delivery system. His embed- I am so proud to acknowledge a ‘‘she-ro’’ ded in-depth knowledge base was beyond HON. ED PERLMUTTER who is still living among us and I encourage compare and unquestionably accurate. OF COLORADO her to continue to live her dreams, give back Dan also had an innate ability to be able to IN THE HOUSE OF REPRESENTATIVES to the community and continue to make the know and foretell the inter-agency effects of greater Chicagoland community a better place. legislation outside the education realm. He Thursday, May 10, 2012 Congratulations and may God continue to was the recognized expert on the complicated Mr. PERLMUTTER. Mr. Speaker, I rise bless you in every field of human endeavor. process of school consolidation and was Dan today to recognize and applaud Frank Curiel f universally liked and admired in the corridors for receiving the Arvada Wheat Ridge Service of the State Capitol of Michigan. He was cour- Ambassadors for Youth award. Frank Curiel is JAZMIN MEDINA teous, knowing, and ever ready with a joke a 11th grader at Jefferson Senior High and re- and generous in assisting young people new ceived this award because his determination HON. ED PERLMUTTER to the Capitol. Dan secured handwritten and hard work have allowed him to overcome OF COLORADO amendments, bill drafts and multiple docu- adversities. IN THE HOUSE OF REPRESENTATIVES ments and was often the first to recognize The dedication demonstrated by Frank emerging, important legislative information. Thursday, May 10, 2012 Curiel is exemplary of the type of achievement Dan Manthe proudly represented the chil- that can be attained with hard work and perse- Mr. PERLMUTTER. Mr. Speaker, I rise dren of Wayne County, Michigan—all 34 dis- verance. It is essential students at all levels today to recognize and applaud Jazmin Me- tricts, from Detroit to Ecorse, Hamtramck and strive to make the most of their education and dina for receiving the Arvada Wheat Ridge Belleville. He was sought out by administrators develop a work ethic which will guide them for Service Ambassadors for Youth award. and union members alike for his sage advice the rest of their lives. Jazmin Medina is a 12th grader at Jefferson and deep expertise on how to accomplish var- I extend my deepest congratulations to Senior High and received this award because ious legislative feats. He tutored and fine- Frank Curiel for winning the Arvada Wheat her determination and hard work have allowed tuned the skills of a lineup of Michigan Depart- Ridge Service Ambassadors for Youth award. her to overcome adversities. ment of Education state directors of legislation I have no doubt he will exhibit the same dedi- The dedication demonstrated by Jazmin Me- and school law who have gone on to become cation and character in all his future accom- dina is exemplary of the type of achievement chiefs of staff for a Michigan governor and plishments. that can be attained with hard work and perse- Speaker of the state House, a multi-district f verance. It is essential students at all levels legislative consultant, and several Congres- strive to make the most of their education and sional and state legislative assistants. RECOGNIZING DANIELLE GREEN- develop a work ethic which will guide them for Mr. Speaker, please join me in paying trib- BYRD the rest of their lives. ute to Daniel R. Manthe, a great Michigan I extend my deepest congratulations to education leader as we offer our heartfelt con- HON. DANNY K. DAVIS Jazmin Medina for winning the Arvada Wheat dolences to Dan’s family on his passing. OF ILLINOIS Ridge Service Ambassadors for Youth award. f IN THE HOUSE OF REPRESENTATIVES I have no doubt she will exhibit the same dedi- cation and character in all her future accom- EVERETT MILLER Thursday, May 10, 2012 plishments. Mr. DAVIS of Illinois. Mr. Speaker, I am f HON. ED PERLMUTTER honored to have the pleasure to recognize a OF COLORADO TRIBUTE TO DANIEL R. MANTHE hometown hero, Ms. Danielle Green-Byrd as IN THE HOUSE OF REPRESENTATIVES she has been selected as the inaugural recipi- ent of the Red Cross, Tiffany Circle Distin- HON. DALE E. KILDEE Thursday, May 10, 2012 guished Woman Warrior Award for her out- OF MICHIGAN Mr. PERLMUTTER. Mr. Speaker, I rise standing service to our country. IN THE HOUSE OF REPRESENTATIVES today to recognize and applaud Everett Miller Ms. Green-Byrd is a 1999 graduate of the for receiving the Arvada Wheat Ridge Service University of Notre Dame with a BA in Psy- Thursday, May 10, 2012 Ambassadors for Youth award. Everett Miller chology as a full scholarship athlete, excelling Mr. KILDEE. Mr. Speaker, I rise today to is an 11th grader at Standley Lake High and in varsity basketball. Once a standout left- pay tribute to Daniel R. Manthe, an extraor- received this award because his determination handed shooter, she scored 1,106 points, dinary leader in education policy and a dear and hard work have allowed him to overcome averaging 9.5 points and 4.5 rebounds per friend who recently passed away. adversities. game for the women’s basketball team. In my nearly half-century in education policy The dedication demonstrated by Everett Mil- Upon graduating from college, Danielle and politics, I have been blessed to work with ler is exemplary of the type of achievement chose to serve her country by enlisting in the and meet the widest range of committed and that can be attained with hard work and perse- Army and subsequently sent to Iraq, serving caring teachers and leaders. Daniel R. Manthe verance. It is essential students at all levels with the 571st Military Police Company from was both. Dan had education in his heart and strive to make the most of their education and

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6660 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 develop a work ethic which will guide them for Medicare program. I will not support legislation ployment (PACE) that is lead by a committed the rest of their lives. that balances our budget on the backs of our and dedicated individual—Kerry Doi, the Presi- I extend my deepest congratulations to nation’s most vulnerable citizens, and I en- dent and CEO. The mission of the PACE is to Everett Miller for winning the Arvada Wheat courage my colleagues to join me in this crit- create economic solutions to meet the chal- Ridge Service Ambassadors for Youth award. ical fight. lenges of employment, education, housing, I have no doubt he will exhibit the same dedi- Mr. Speaker, I wish a happy Mothers’ Day business development and the environment in cation and character in all his future accom- to all the mothers of the 37th district and the Pacific Asian and other diverse commu- plishments. across the country. nities. PACE is a non-profit community devel- f f opment organization founded in 1976 to ad- dress the employment and job training needs MOTHERS’ DAY JESSE LUCERO of the Pacific Asian Islander communities. PACE has since expanded into a variety of HON. LAURA RICHARDSON HON. ED PERLMUTTER service areas, all tailored to meet the growing OF CALIFORNIA OF COLORADO and changing needs of the multi-ethnic com- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES munities in Los Angeles County. Now, in addi- Thursday, May 10, 2012 Thursday, May 10, 2012 tion to job training and employment services, significant PACE programs encompass: busi- Ms. RICHARDSON. Mr. Speaker, I rise Mr. PERLMUTTER. Mr. Speaker, I rise ness development; early childhood education; today to celebrate Mothers’ Day and to thank today to recognize and applaud Jesse Lucero financial education and asset building; housing our nation’s mothers, grandmothers, and for receiving the Arvada Wheat Ridge Service and rehabilitation services; weatherization and aunts, as well as all the women who mentor Ambassadors for Youth award. Jesse Lucero energy-conservation programs; and affordable and nurture future generations. On this holi- is an 11th grader at Jefferson Senior High and housing development. PACE’s guiding prin- day, I thank these incredible women by re- received this award because his determination ciple in all their programs is the idea of ex- committing myself to the effort to preserve and hard work have allowed him to overcome panding opportunity. A small sample of their Medicare and to protect their health and adversities. business lines include: wellbeing. The dedication demonstrated by Jesse An extensive workforce development center My mother was a true inspiration to me, and Lucero is exemplary of the type of achieve- which offers a variety of job training opportuni- she taught me the importance of a solid work ment that can be attained with hard work and ties. ethic and compassion for others in the com- perseverance. It is essential students at all 190 affordable housing units and a home re- munity. She took on the challenge of raising levels strive to make the most of their edu- pair service to enable elderly and disabled two children by herself, which meant work dur- cation and develop a work ethic which will persons to stay in their homes. ing the day and school at night. Life certainly guide them for the rest of their lives. An extensive energy and environmental pro- was not easy for her, but she always provided I extend my deepest congratulations to gram that promotes energy conservation. for my family and is one of the strongest Jesse Lucero for winning the Arvada Wheat A business development center that pro- women I have ever known. Ridge Service Ambassadors for Youth award. vides entrepreneurial training, business coun- Today, many families in my district and I have no doubt he will exhibit the same dedi- seling and access to capital. across the country are also coping with limited cation and character in all his future accom- 28 school sites offering early childhood edu- resources while demonstrating the same de- plishments. cation programming for more than 1,900 low termination and compassion that my mother f income children and their families. instilled in me. Many are seniors who cannot A financial literacy and asset building pro- afford the exorbitant cost of treatments for ASIAN PACIFIC AMERICAN gram that provides financial skills training. chronic medical conditions and preventive HERITAGE MONTH This year, PACE established a new initiative care. Medicare program is a vital lifeline for so called the Diversity and Democracy: America’s many and should be protected at all costs. HON. JUDY CHU Strength program that celebrates the important The proposed Republican plan to end Medi- OF CALIFORNIA contributions that our nation’s many diverse care as we know it would distribute vouchers IN THE HOUSE OF REPRESENTATIVES ethnicities, nationalities and races have made for beneficiaries to purchase health insurance. to our way of life—and the important role that Under the plan, the voucher would not grow Thursday, May 10, 2012 government has played in their success. With as fast as health care costs, shifting the bur- Ms. CHU. Mr. Speaker, I rise today to rec- the donation of 40 tickets from Southwest Air- den of the costs onto seniors. It would repeal ognize May as Asian Pacific American Herit- lines, PACE embarked on a journey to bring a the free preventive services benefit in Medi- age month and to a service organization from diverse group of Federal program participants care, increasing seniors’ out-of-pocket costs my district, the Pacific Asian Consortium in to Washington, DC to meet and hold a briefing for preventive care by over $110 million in Employment (PACE) that provides crucial with their elected representatives in Congress 2012 alone. services to our community. This month gives and representatives of federal agencies and The Republican plan would have a particu- us an opportunity to reflect and honor the the White House to tell their stories of how larly damaging effect on women, who, on av- Asian American and Pacific Islanders (AAPIs) these programs have helped them on their erage, live longer than men, have lower in- who have enriched our nation with their count- journey to achieve the American Dream. The comes than men, and have more chronic less contributions to American history. clients who are of various ethnic backgrounds health conditions than men—making Medicare While generations of AAPIs have had pro- will tell their own unique story describing how even more vital to their wellbeing. 57 percent found impact on our nation and have achieved various programs empowered them to be able of women on Medicare live below 200 percent the American Dream, the AAPIs community is to become productive, economically self-suffi- of the federal poverty line, compared to 45 extremely diverse and some AAPIs have chal- cient Americans. They hope by conveying percent of men. Additionally, 49 percent of lenges and require assistance from federal their real stories from PACE program partici- women on Medicare have three or more programs to overcome obstacles in the jour- pants will illustrate the key role that the var- chronic health conditions, compared to 38 per- ney to achieve the American Dream. Around ious Federal programs have played in the cent of men. the country, there are a number of AAPI com- lives of low income, ethnic minority, refugees, As a representative of the 37th Congres- munity based organizations that provide as- immigrants and asylees. Numbers tell one sional District of California, this issue is of par- sistance to the diverse AAPI community and story; faces tell an even more important story. ticular importance to me. In California alone, doing great work to support AAPIs families. I As we in Congress debate the funding lev- there are nearly 2.7 million female Medicare applaud them for the work that they do every- els of the Federal programs that have helped beneficiaries, more than any other state in the day to help AAPIs to overcome these obsta- numerous PACE participants, it is important country. cles and to support to better their lives for that we listen to the voices of the PACE par- Mr. Speaker, I stand in solidarity with these themselves and their families. ticipants who have been helped by these pro- women—America’s mothers and grand- An example of an outstanding AAPI organi- grams that helped them—to start a business, mothers—as I reaffirm my support of the zation is the Pacific Asian Consortium in Em- to get the job training they need to secure

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6661 good paying jobs, to provide early childhood Mexico to America for a better life. One Realizing Mariana’s interest in school be- education and to help refugees gain the skills thing my mother always preached to her came more persistent, I began looking for in- they need to begin a new life in America. I en- children was to get an education and bring formation about a Head Start program. And her a High School Diploma. This for any im- that was when I came across PACE Early courage all my colleagues to read the compel- migrant family was considered a great ac- Childhood Education and enrolled her in the ling stories of these individuals who have be- complishment. After my father abandoned program. come productive, economically self-sufficient our family, my mother’s determination to Mariana was a very quiet and timid child. Americans because of the existence of these give her children an advantage through edu- She was afraid to do anything. With the Federal programs. cation became more acute. Head Start program I saw the change in her. That was when Head Start became a focal Mariana went from always being quiet to WORKFORCE DEVELOPMENT point in our lives. My mother enrolled me in being very outspoken. She expresses her feel- I am Arax Nazarian. a neighborhood Head Start school. I have ings whether they are good or bad, and ac- My story is about hope—how I almost lost vivid memories of her cleaning and helping cepts them. it and then found it again. to prepare food for the classroom as a parent Before Head Start, Mariana reminded me In April 2009, my family and I arrived in volunteer. But what it did more than any- of the same traits I had when I was her age. the U.S. as refugees from Iran. We fled our thing was what education meant to her and But unlike me, Mariana will not grow up country seeking opportunities for a better what it should mean to me. Once I was in the with a sense of insecurity. I did not have the life and to raise our son in a safe place with- K–12 system, I flourished. I joined the honors same opportunity as she does. Mariana will out harsh discrimination. We came here program, and was the 1st in my family to go have the opportunity to grow with con- without any money. But we had lots of hope. to a four year university straight after high fidence. She will feel secure and develop a The U.S. was going through one of its school. sense of independence because of the learn- worst economic downturn in 2009. I worried Now at the age of 33 I have two sons of my ing that the Head Start education has in- about how I could get a job to support my own, Mario and Alexander. And I do all of stilled in her. What Mariana has learned at family, repay my debt and help my parents the things my mother did with me like read- school, she brings home to share with her back home. I spoke very little English. I ing books, counting, and learning. And I told other siblings. She is so proud and animated didn’t have any work experience in the U.S. them to bring me their College Degrees, one in explaining how her day at Head Start I also needed some time to adjust to a new step up from the goal my mother set for me. went to her siblings. She even dished out society, new culture, and new rules. Once Mario was old enough, I began to look project assignments to them. While explain- I applied for different full time jobs but I for a preschool for him. I still live in the ing the projects to them she gets everyone to was denied repeatedly for different reasons. I same neighborhood and I still have vivid sit around like she did at school. I was was studying days and nights to improve my memories of my Head Start days. Behold, watching Mariana playing this lead with her English and at the same time working in any the same school is still there! Mario loved it sibling and can’t help but feel proud and ap- odd jobs that I could find. But I was barely once he was enrolled in the same school. preciative of how important education is at making ends meet. I felt helpless, desperate, Every day was a new adventure and a new this early age. Through the process that frustrated and sad. I was losing hope. learning experience, for both Mario and me. Mariana has been going through, Head Start My worry and sadness must have shown on Just like my mother some 29 years ago, I was has not only brought an interest in edu- my face. now the one helping out with the school, cation to her, but it has also brought our Because my 11-year old son came to me one joining the policy councils and looking for family together. day and said, ‘‘Don’t worry, Mom. I don’t ways to grow as a parent. Our schedules were always crazy and there need a new bow for my violin and I am not Head Start did not just give Mario a leg up was never any family time. Everyone was so interested in going on the school’s field trip. in learning, but it also helped me to become busy with school and I was occupied for I just need your smile.’’ I choked back the a better parent. Mario has moved on to the being a single mom caring for a child with lump in my throat with a sense of guilt that K–12 system, but the experience, the social disabilities. Now, after dinner Mariana I could not provide for my child’s needs. I interaction, and the growth he gained from brings everyone together for family time and also felt a tinge of pain and pride in my Head Start was immediately noticeable by to appreciate education. heart that my child would sacrifice his own his Kindergarten teachers. They expressed I appreciate PACE Early Childhood Edu- needs for his mother. I must not give up that they appreciate those parents who send cation because of the love, compassion, and hope. their kids through Head Start program be- interest that their staff has for our children. A ray of hope came to me when I heard cause they noted those children are more I want to thank the PACE organization for about the Transitional Subsidized Employ- prepared for the K–12 system. Now Mario showing how warm hearted and caring they ment program. I started my first Work Expe- still sees me involved in his Elementary are about early childhood education. rience job at PACE’s Home Energy Assist- school and knows how much we as a family ance Program Department where needy fam- emphasize the importance of education. ENERGY & ENVIRONMENTAL SERVICES ilies get helped by paying their gas and light And I know he understands this expecta- My name is Francisco Talamantes. bills. Through this on-the-job training oppor- tion because he declared that he will be at- I work for PACE’s Home Energy Assistance tunity I became more skilled and confident. tending UCLA after high school. Head Start Program or HEAP. The HEAP program helps I learned about my new society, work envi- instilled a love of education with Mario and families pay their utility bills. I help hun- ronment, rules and regulations. Little by lit- I know it will do the same with my second dreds of families each week to pay for their tle I adjusted myself to a new life here in the son, Alexander. And I know they will carry electricity, water or gas bills. United States. on my mother’s legacy of an emphasis on For example, a lady in her late 20s walks Then I was offered a permanent job and I education, especially early on, with their into the office one day with a notice from am now working at PACE Weatherization young ones when the time comes. And I the utility company that her electricity was Department as a Program Support Clerk. I know they will also be looking for ways to be about to be disconnected. She had that have earned recognition and respect from my as involved as I am as parents. worry and weary look on her face. Her hus- coworkers. band lost his job recently and they have 3 And the best of all, I am able to support EARLY CHILDHOOD EDUCATION young children to support. Her situation was my family. I am happy that I am no longer My name is Estella Navarrette. dire. Should they not feed their children or dependent on public aid. My husband has a My story is about Mariana and her Head live in darkness without electricity? peace of mind to focus on his education in Start experience. Her electric bill was over $1000. I calmed pursuing his career as an Electrician. My son Mariana is my 6th child out of 7. Being a her down and told her to not worry and this has been growing up with good manners. He single mom for so many years putting all my program is here to help her. Right away you is one of the best students in his school, and children through schools was a well-adjusted can see the relief on her face. She filled out receiving many awards. routine for me by the time Mariana reached her application and we got the proper docu- I hope the program will continue to give the pre-school age. Playing both mommy and ments copied, and I was able to call the util- other people the same opportunities I re- daddy for my seven children were all about ity company and help her with $1000, which ceived. These programs give people hope, finances, feeding and clothing them. Edu- was enough to prevent disconnection. So per- create jobs and change people’s lives. They cating my children was not on my radar haps for a little while, they can feed their gave me my hope and changed my life. screen. children with hot food that can be cooked on As Mariana grew older, she started to be their electric stove. And perhaps for a little EARLY CHILDHOOD EDUCATION curious and interested about school because while, her children can read and do their My name is Benjamin Alcaraz. of her older siblings coming home talking homework not in the dark. My story is about a Legacy through Edu- about their days at school. Right around this These stories are very common. My co- cation. time I became a stay-at-home mom because workers sometimes asked me why I could be Like many other families in my neighbor- of the learning disability of my youngest so patient and empathetic for so many cli- hood my mother and father emigrated from child. ents that line up all way down the hall way

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6662 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 each day. Do you know why? Because I was ness. I was given a little push to step forward I cannot find words to express my gratitude one of those children like this lady when I on boarding the battle field of business. for what PACE and the federal government was young. This lady reminded me of when I PACE offered me some technical assistance program have done for my family, especially was growing up when my family also often and some financial support through its Indi- for my son. Now I can afford to pay for his faced the choice between having food on the vidual Development Account or IDA program art lessons and buy him art supplies for his table or paying the utility bills. designed especially for business start-ups. drawing. Because of this, he is taking part in I feel very honored and proud to be here With the help of PACE, I started my gallery many Art exhibitions. I believe that one day today. You see, I come from an immigrant in September, 2010. And I became another he will become a famous artist and he will family. My parents were born and raised in FOB—Fighting on Board of the business bat- write about the history of his family and the Mexico and when my father lost his job there tle field. I was having fun because I was also struggles of immigrant lives. he decided to come to this country for a bet- a different F.O.B.—Fun on Board. My story is neither a special nor an ex- ter life. With little education and not being Now, I have more and more customers and traordinary one, but it is similar to the lives able to speak English, it was hard for my fa- they become my friends. They are satisfied of many other people who have been strug- ther to find a job. He did his best and was with my services and getting good prices in gling. We are truly grateful with the support able to find a job to support his family, but the deal. For this Year of Dragon, my Chi- we received to reach for our American still struggled because he did not make nese calligraphy of ‘‘Dragon’’ was promi- Dream. I wish the opportunities afforded me much. nently displayed on all the lamppost banners will continued to be made for other families What my father brought home was barely in Los Angeles Chinatown. My conclusion? like mine. enough to pay for rent and food for my eight Micro businesses do need that assistance and brothers and sisters. It was great that we that critical push to move forward because it BUSINESS DEVELOPMENT had food and a roof over our head but we still really can help people to go forward with My name is Judy Thang. worried about our lights being disconnected. their own business. My story is about how a passionate entre- So my dad had to work extra shifts to pay This is my F.O.B. Story. preneur got started! the electric bill since we did not know about Starting a business as a young woman is tough in any industry. Being a graphic de- HEAP program like this. WORKFORCE DEVELOPMENT With the HEAP program families can find signer working with small business owners is My name is Hasmik Sargsyan. even harder. As a recent graduate from a relief and hope that they will have a good My story is about reaching for the Amer- chance to overcome their financial struggles. California State University, I’ve always had ican Dream. two passions—starting my own business and I know what it feels like for not having elec- My family and I immigrated to the US in tricity, water or gas. I feel for the struggle helping other small business owners build 2007. As an immigrant family, we had to their brand image. I guess my parents passed our clients are going through when they start our life from zero. We had no job, no come to my window for assistance. My job their entrepreneur bug to me. car, not knowing English, and no one to sup- My parents owned a restaurant where I makes it easier for families to succeed and I port morally or help with any advice. In my worked as a little cashier at age 12 and grad- feel honored to help them. home country I was a Certified Public Ac- uated to potato peeling when I got older. countant. In the new land my husband and I They promoted my little sister from janitor BUSINESS DEVELOPMENT took any job that came along, and attended to cashier. We grew up with lots of work My name is Guojian Cui. school to learn English as a fourth language. ethic, eating lots of delicious hot wings. My story is about my transformation as an Besides taking English classes, I pushed my- When my parents moved to Australia, my F.O.B. self to take classes in accounting with a sister and I kept the restaurant operating for I am a trained artist specializing in Chi- dream that someday I will return to my pro- a while. So naturally, out of school, I nese calligraphy and traditional Chinese fession. I got very little sleep in those days couldn’t wait to open my own business. I framing. But since I came to America in 1993 for always being busy going to classes, work- took a low-paying job in marketing to gain with one suitcase and a big dream, I had ing, washing, cooking, and taking care of my some experience, then quit a few years later worked in various other odd jobs for 17 years. three children. to start my business, girlwithflair design. But I had always yearned to follow my true As I was improving my English skills and I had no money, no formal design experi- passion. beginning to acclimate with my new envi- ence, and no connection in the industry since You can tell that I am getting old, thin on ronment, I did not realize that my own I majored in business. There were a lot of ob- top and losing my teeth. For 17 years, I felt struggle paled in comparison to what my stacles. Age was my biggest difficulty. Here like an F.O.B.—‘‘Free on Board’’. It is a ship- children were going through. I was, trying to convince a client to let me ping term. For 17 years, I felt like a shipping My eldest son always wanted to be an art- build his brand image and generate sales, but good in between departure and destination. I ist and in those days he could only afford to I looked like I was fresh out high school! I was going somewhere but have not yet ar- draw pictures with regular pencils. Under- charged peanuts for what I did three years rived. With one push, I could fall into the standing our financial situation, at his ago. ocean; or with a push in a different direction young age, he never asked for anything. I Fortunately, I found Swann, my savior and I could land in my dream. don’t know enough about his potential as an mentor at PACE Woman Business Center. In 2009, a push helped me land in my artist or if I was just an adoring parent, but Here are a few important things she and dream. I decided to set up an art gallery I liked his drawing very much. But I could PACE have done for me: 1) Great Advice— business providing framing and Chinese cal- not afford to buy him any art supplies or pay When I had problems with my pricing, she ligraphy services. But my plan ran into a lot for any art classes. It was extremely painful gave me invaluable advice on how to stick to challenges. I faced the challenges of having for me for not being able to help my child to my guns; 2) Networking—I’ve gotten to know limited start-up capital. I faced the chal- reach his dream as I was struggling to reach other small business owners, which makes lenges that my traditional way of using mine. me not feel so lonely; 3) I’ve gotten a lot of water, paste, brush and simple tools can’t At that time, I was attending Glendale referrals to other small business owners. compete with modern framing technology. I College. I heard about programs that help It has only been a year, but I am far from faced the challenge of declining demand for people with employment. I called many where I started. I now have an office space in valuable art because of the near economic workforce programs in Los Angeles but only Chinatown, a much steadier clientele and crash in 2009. The sharp increase of price of PACE responded to me. PAC’s Transitional lots of happy customers that help me con- oil did not help either because it made all Subsidized Employment program helped me stantly with new referrals. Without Swann’s materials and supplies more expensive. I to land a temporary job that helped me to guidance in the past year, I would probably needed to buy equipment and machines to gain work experience, knowledge, skills and be eating instant noodles everyday for din- make my framing more precise. I needed a confidence. Then PACE offered me a perma- ner. That, or go find a ‘real’ job, as my par- computer and gave up my abacus. I needed nent position in the Department of Energy ents would say. I’d rather eat instant noo- some technical assistance. I felt like an and Environmental Services in Weatheriza- dles. F.O.B. again because I could give up and get tion Program as a Program Specialist. It was I have come forward to share my story be- dumped into the ocean like a piece of dam- unbelievable to me when I was being inter- cause I believe in the value of social pro- aged good. Or I could get a different push and viewed and they said to me ‘‘you are hired’’. grams that empower people to start their land where I wanted to land. I started to cry because they gave me hope own businesses. Programs such as PACE I met PACE’s Business Counselor Dandan that I had lost. Woman Business Center provide hope and op- Shan right around this time. He is a smart I am so thankful for this program. Now I portunity for underrepresented segments of young man. He encouraged me to step for- am self sufficient and I feel happy awakening society. These are the people working at res- ward and not give up. He told me that PACE every day with the sense of joy knowing that taurants for minimum wages, making has programs to help small business to start I have a job. I have gained recognition from tamales, bookkeeping or assembling fur- up. So, I was encouraged. I was transformed my co-workers. I am grateful that I no niture in between work who dream of becom- to become a different F.O.B.—Focus on Busi- longer live at the expense of the government. ing an entrepreneur one day. The fact that

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 0634 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6663 they are great at their hobby and passionate different. My parents did their best to con- thing I felt that could help my son and me. enough to invest their energy, time and sole me, while hiding their own struggles of We were then led to PACE Head Start pro- money to pursue it merits the support that assimilating to this country. When I was 16 gram. Through PACE and Head Start I programs such as PACE Women Business my father decided to leave my mother, my watched my son grow socially and mentally. Center provides. sister and I to return to Taiwan. I grew along side of my son through its par- Since my mother did not speak any enting and Male Involvement programs. I be- EARLY CHILDHOOD EDUCATION English, I was left with all the responsibil- came a more engaged father. I became en- My Name is Kimberly Hua. I am a Head ities of my father: I made sure all the bills couraged to volunteer at my son’s site, Start Parent. were paid on time, did all the grocery shop- which I’ve done nearly every single day. I be- My story is about ‘‘The Window of Oppor- ping and signed my own letters of excuse came involved on the parent policy commit- tunity’’. when I was sick from school. Some might tees at both the delegate and grantee levels. When my family and I emigrated here from think a child with that kind of ‘‘freedom’’ Through this involvement, I was helping Vietnam, my parents could barely provide would take advantage of the situation; how- other families as well and by being a positive food and shelter for me and my two siblings, ever, this had the opposite effect on me. I male role model to my son and to other fam- much less taking us on buses to go places. knew I had to really work hard in school to ilies. My parents did not speak English and did get into a good college since my parents had PACE and Head Start have made me a not know where to look for help. They did sacrificed for us to have a better life. man, a better parent, a leader, an advocate, not know that they could have put my sib- After receiving my Bachelors of Arts from and a representative for my community. It lings and me through free pre-schools that Otis College of Art & Design, I was hired by has enriched my son’s education, as well as would prepare us for kindergarten. Their a multi-million dollar jewelry company to thousands of other children they serve. If concern was working two jobs to make ends help launch their first clothing collection. I Head Start and the services were to be cut, meet. So from the beginning, school was took the skills I learned there and formed it could surely crumble the future of hun- hard for me and I struggled every day. I my own clothing company, The Battalion. In dreds of thousands of families like mine. ended up hating school and did not appre- 2011 my business generated $350,000 in sales, That is how effective and powerful this pro- ciate the value of a quality education. but lacked the capital to pay our fabric ven- gram is to our children, our families, our The ‘‘window of opportunity’’ opened for dors and contractors. If we could not pay to community, and our country. Early child- my children when I enrolled my two sons in produce the goods that we had already sold hood education is where our future leaders the PACE Head Start Program. I wanted to we would lose both the orders and trust of are created and where our families are make sure that my sons would have the op- our customers. We turned to PACE to help us strengthened. Without this program we may portunity that I did not have when I was a find solution to our problem. In March 2011, lose all hope. child. Although I appreciated the benefits with the guidance of PACE’s Mr. Howard My story of that promise is why I am here and resources that PACE Head Start edu- Sun, The Battalion received a loan of $30,000 today to tell how Head Start and early child- cation offered to my children, I was working from PACE SBA Micro-Loan Program. Two hood education helps parents keep promises a lot and did not spend enough time with my months later we promptly delivered our to our children. children. products to our customers’ satisfaction. f I did not know at the time that this ‘‘op- Running a business never gets any easier; portunity’’ was for me too. What changed there are always new challenges and road- JADA HERRERA was when I became a PACE parent policy blocks that loom ahead. It is easier to sum- committee member. mon the courage to face these obstacles HON. ED PERLMUTTER when you have a program like PACE in your My active volunteerism inspired and em- OF COLORADO powered my children to develop their own corner. I believe this is an essential program IN THE HOUSE OF REPRESENTATIVES sense of independence and self-confidence because it makes it possible to succeed for and love of learning. In my children’s eyes, I people who have sacrificed and have courage Thursday, May 10, 2012 was no longer just their mother; I was also a to charge forward. Mr. PERLMUTTER. Mr. Speaker, I rise teacher and a mentor. Because of all that, I today to recognize and applaud Jada Herrera believe that my children will establish a EARLY CHILDHOOD EDUCATION for receiving the Arvada Wheat Ridge Service solid educational foundation and acquire the My name is Patrick Martinez. I am a Head early learning skills to carry them through- Start parent. Ambassadors for Youth award. Jada Herrera out their higher education. My story is about keeping a promise, a is a 7th grader at Wheat Ridge 5–8 and re- Watching my children blossoming at the promise I made to my son before he was even ceived this award because her determination Head Start Program, I was inspired to grow born. I vowed that I’d be there for him no and hard work have allowed her to overcome with them. I decided to follow my life-long matter what obstacles we faced. adversities. dream of pursuing an advanced degree. I My story began with a typical boy meets The dedication demonstrated by Jada Her- completed my master’s degree with a 3.80 girl story. Boy and girl fall in love. They rera is exemplary of the type of achievement GPA in April this year. I will always be give birth to a precious little baby boy after that can be attained with hard work and perse- grateful to the parenting and empowerment spending eight years together. programs that Head Start program had to The arrangement was for me to be a stay- verance. It is essential students at all levels offer to parents like me. My story of ‘‘The home dad to take care of my child and our strive to make the most of their education and Window of Opportunity’ is why I am here home. I was very proud of my little family. develop a work ethic which will guide them for today to show my support for the Head Start Then it became the girl leaves boy story. the rest of their lives. program. I believe early education can play a My baby boy and I were kicked out of our I extend my deepest congratulations to Jada critical role for young children and increase house. We suddenly found ourselves dis- Herrera for winning the Arvada Wheat Ridge their odds of success in later life. placed. Service Ambassadors for Youth award. I have The Head Start program also played a crit- We found ourselves having to live at my no doubt she will exhibit the same dedication ical role for parents like me. It helped me to parents’ house. In a living room that grew become a better parent to my children. cramped with our play pens and diapers. Why and character in all her future accomplish- Along the way, I became a better person and did this happen to us? What was I to do? I ments. an advocate for my community. was in a lot of pain and felt depressed. I was f left with two choices. I either walk the road BUSINESS LOANS of self-destruction, or keep that promise I IN MEMORY OF DR. ZEB F. My name is Linda Wong. made to my son. One night, to distract my POINDEXTER, JR. My story is about sacrifice and courage. heart and mind, I watched one of my favorite My parents immigrated to the US from movies, Star Wars. I sat on the couch watch- HON. AL GREEN Taiwan when I was 6 years old so their chil- ing that movie, while my son slept in his OF TEXAS dren could have a better education in Amer- playpen in front of me. I tearfully looked IN THE HOUSE OF REPRESENTATIVES ica. My sister and I were the only two Chi- into that playpen as he slept and I thought, nese children in a new school that taught in ‘‘You’re my Luke! You’re A New Hope.’’ We Thursday, May 10, 2012 a language that I knew nothing of, except weren’t going to succumb to the Dark Side. Mr. AL GREEN of Texas. Mr. Speaker, I my new name, Linda—I was no longer Chih- That promise would be kept. would like to honor the memory of a trail- Ling. I quickly learned that adapting to a Early the next morning my Padawan and I new culture would be just as challenging as went to seek help at a local agency. That blazer, Dr. Zeb Ferdinand Poindexter, Jr. With the language barrier. agency led us to services such as food exceptional distinction, Dr. Poindexter served There were many days when I came home stamps, fatherhood support groups and par- his community and acted as a role model for crying because I was made fun of for being enting classes. I took everything and any- young people from diverse backgrounds.

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6664 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 Dr. Poindexter was born in Forth Worth, TX their knowledge and expertise; and their self- dido, California. She is committed to helping on April 5, 1929. He excelled in school, grad- less dedication to their profession. others prioritize healthy living. uating from Wiley College with a B.S. in 1949 Throughout the year, our Nation’s teachers Deborah has worked with my office on initia- and then Texas Southern University with an spend countless hours preparing lesson plans, tives related to educating children about health M.S. in Endocrinology in 1952. Dr. Poindexter, evaluating student progress, counseling stu- and nutrition. She is committed to changing upon completion of his Master of Science, dents and families, and instilling the vital im- the culture of eating and making sure young served our great nation as a Second Lieuten- portance of civic responsibility and national children understand the importance of healthy ant and later Captain in the United States Air service. food, and the role it plays in wellness. Ever Force. Later, he and the University of Texas In South Texas, we are fortunate to have the energetic advocate, on May 3, 2012, her (UT) took a bold and historically meaningful exceptional educators who work day in and 90th birthday, Deborah launched step forward when he was accepted into Uni- day out to educate and prepare children, wellnesspring.org, a grassroots effort to en- versity of Texas School of Dentistry in Hous- youth, and adult learners to lead prosperous courage the creation of a culture of wellness ton. He became the first African American to and healthy lives. throughout the United States. I appreciate her receive a doctoral degree from the school in I especially want to thank Dr. Daniel King, laser focus when it comes to reaching people 1956. Superintendent of the Pharr-San Juan-Alamo and educating them about the importance of Dr. Poindexter’s graduation from and asso- (PSJA) Independent School District, for hon- living a healthy lifestyle and eating well. ciation with the University of Texas (UT) lit- oring 44 of PSJA’s teachers of the year this In addition to her healthy living work, Debo- erally changed the image of UT. His indelible month. rah has served as the president of the Inter- example can continue to impact future genera- Today, it’s truly an honor for me to recog- American Foundation, worked with the Organi- tions of UT graduates, should UT take another nize and congratulate two of PSJA’s out- zation of American States, and served as prin- bold and historically meaningful step forward standing teachers of year: my daughter, Iliana cipal delegate to the Inter-American Commis- by naming the School of Dentistry in his Hinojosa, a pre-kindergarten teacher at Dr. sion on Women. She currently works as the honor. It would symbolize his commitment to William Long Elementary who was selected as Chairman and Founder of the New Americans UT, and memorialize UT’s commitment to the PSJA Elementary District Teacher of the Museum in San Diego and serves on the inclusivity and diversity. Year; and Agnes Ocampo, a science teacher Board of Directors for the Center for Science After receiving his degree from UT, Dr. at PSJA Memorial High School who was se- in the Public Interest and the Old Globe The- Poindexter opened the first dental clinic in lected as the PSJA Secondary District Teach- atre in San Diego. south Houston. The clinic still stands as a er of the Year. Deborah ran for Congress in 1982, and landmark to his achievement in the Sunnyside Due to their hard work and extraordinary while she did not win that election, through neighborhood. After establishing his practice, commitment to students and academic excel- that process she conceived the idea of Setting he went on to form the Zeb F. Poindexter, Jr. lence, Iliana and Agnes have advanced to the Course, a publication of the Congressional Chapter of the Student National Dental Asso- regional competition. This is quite an accom- Management Foundation which provides guid- ciation, and become the first black member of plishment! ance on the fundamentals of managing a con- both the University of Texas Dental School Iliana Hinojosa and Agnes Ocampo are gressional office. The first edition of Setting faculty and the Houston District Dental Soci- shining examples of what can be achieved in Course was published in 1984, and the 12th ety. our nation’s classrooms. By instilling a love of edition of Setting Course just recently came Dr. Poindexter’s leadership and community learning in our children and ensuring that they out. This manual has been an invaluable re- service have been consistently recognized by succeed, Iliana and Agnes are transforming source to congressional offices, including my his colleagues. Amongst other honors, Dr. lives and helping students to reach their full own. Deborah is still a member of the Board Poindexter became the president of the Gulf potential. of Directors for the Congressional Manage- State Dental Association, life member of the As our nation observes Teacher Apprecia- ment Foundation and continues her critical Alpha Phi Alpha Fraternity, Incorporated, tion Week, I urge my colleagues and all Amer- role in the publication of Setting Course. board member of the Urban League, and re- icans to support critical investments in edu- I truly admire Deborah’s ongoing commit- ceived the University of Texas Outstanding cation that help to provide all students with a ment to helping people of all ages understand Alumnus Award in 1990. high quality education and to make teaching the importance of good nutrition, healthy living, Finally, Mr. Speaker, Dr. Poindexter will be one of the most valued professions in Amer- and being a force for positive change in their dearly missed by his wife of 58 years, Ruby ica. communities. Poindexter, son, Dr. Zeb F. Poindexter, III, f f and daughters, Merlene Russell and Eleanor UNITED STATES DEPARTMENT OF IN RECOGNITION OF THE CON- Patricia Dixon. He is also survived by his sis- AGRICULTURE’S 150TH ANNIVER- TRIBUTIONS OF DEBORAH ters, Revodia Johnson, Vandetta King, his SARY brother, James Poindexter, and numerous SZEKELY nieces, nephews, grandchildren, great-grand- HON. LAURA RICHARDSON children and great-great grandchildren. He will HON. SUSAN A. DAVIS OF CALIFORNIA be remembered in the city of Houston as a OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES dedicated public servant and principled leader. IN THE HOUSE OF REPRESENTATIVES Thursday, May 10, 2012 f Thursday, May 10, 2012 Ms. RICHARDSON. Mr. Speaker, I rise SUPPORTING THE GOALS AND Mrs. DAVIS of California. Mr. Speaker, I rise today to pay tribute to one of our greatest IDEALS OF NATIONAL TEACHER today to recognize a treasured member of the American success stories. Today let us all DAY San Diego community. Deborah Szekely is an pause to recognize the United States Depart- extraordinary woman of tenacity and dedica- ment of Agriculture’s 150th birthday. HON. RUBE´N HINOJOSA tion, and on May 3rd she celebrated her 90th President Abraham Lincoln established the OF TEXAS birthday. USDA 150 years ago, on May 15, 1862. That IN THE HOUSE OF REPRESENTATIVES Deborah is a renowned health and wellness act helped ground our Nation’s agriculture in- advocate, philanthropist, community leader, dustry in science, and helped give our Nation Thursday, May 10, 2012 and champion for childhood nutrition. At 90 the ability to lead the world in feeding the Mr. HINOJOSA. Mr. Speaker, I rise in sup- years old, she represents the beauty and en- globe. One of the first responsibilities dele- port of H. Res. 645 to urge my colleagues and ergy that comes from a life committed to gated to the USDA was the Homestead Act. our Nation to observe Teacher Appreciation health and wellness, and she outpaces young- The Homestead Act gave pre-approved U.S. Week and the monumental contributions of er fitness advocates. She truly lives what she citizens undeveloped federal land at no cost if America’s teachers. teaches. Along with her husband, Edmond they agreed to develop that land. This act led As a cosponsor of H. Res. 645, I commend Szekely, she founded Rancho la Puerta, a to the settling of the Great Plains; today those our Nation’s teachers for their tireless work on destination spa and wellness center in Baja lands are the world’s largest producers of behalf of millions of students and families; California, and the Golden Door Spa in Escon- wheat and corn.

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6665 Our nation’s agriculture industry has, ing that our teachers have answered because It is because of the commitment of truly throughout our history, been a significant force they care, they believe in our children, and brave individuals like SSG Fogarty that our in our economy. One out of every twelve they choose to make a difference in the lives Nation can enjoy the freedoms that we are all Americans is employed in an agriculture-re- of future generations. afforded. It takes an exceptional man to give lated industry. So it is important to recognize For our students, nothing is more important his life for the betterment of his country, and that agriculture is not just a nostalgic notion of than an excellent teacher at the front of the SSG Fogarty was a truly exceptional man. the past but remains a foundation of the room and in their lives, and now more than f American economy. The influence of American ever, we must make an investment in our fu- farmers and ranchers not only reaches every ture by investing in our teachers. HUNTER FRITZ state and household within the United States, We must provide them with the resources but it can be felt all around the world. The Port they need to successfully do their jobs, and HON. ED PERLMUTTER of Long Beach, in my district, exports millions we must afford them the respect and support OF COLORADO of metric tons of agricultural cargo to our vital that their profession deserves. IN THE HOUSE OF REPRESENTATIVES Thank you to Florida’s teachers for investing Asian trade partners every year. Thursday, May 10, 2012 American consumers spend on average less your skills and talents into the lives of future than ten percent of their disposable income on generations, and thank you for the sacrifices Mr. PERLMUTTER. Mr. Speaker, I rise food. That ten percent represents the lowest made each day to ensure that our kids have today to recognize and applaud Hunter Fritz percentage in the history of the world. By the tools they need to learn. We are all grate- for receiving the Arvada Wheat Ridge Service comparison, most European consumers spend ful for your work. Ambassadors for Youth award. Hunter Fritz is more than double that and in developing coun- f a 7th grader at Oberon Middle School and re- ceived this award because his determination tries the percentage is often higher than 50 HONORING FALLEN STAFF SGT. and hard work have allowed him to overcome percent. Our nation’s advanced system of pro- THOMAS KENT FOGARTY duction agriculture is evidence of how suc- adversities. cessful the USDA has been in ensuring a The dedication demonstrated by Hunter safe, affordable and abundant food supply. HON. FORTNEY PETE STARK Fritz is exemplary of the type of achievement Today, the United States is the world leader OF CALIFORNIA that can be attained with hard work and perse- in the development and use of agricultural bio- IN THE HOUSE OF REPRESENTATIVES verance. It is essential students at all levels technology, contributing to our positive bal- Thursday, May 10, 2012 strive to make the most of their education and ance of agricultural trade. We must continue Mr. STARK. Mr. Speaker, I rise, along with develop a work ethic which will guide them for supporting policies that promote the smart use my colleague Rep. BARBARA LEE of California, the rest of their lives. of research, science and biotechnology that to honor the service and sacrifice of Staff Sgt. I extend my deepest congratulations to Hun- has enabled production agriculture to thrive. Thomas Kent Fogarty, age 30, of Alameda, ter Fritz for winning the Arvada Wheat Ridge We must embrace the importance of agricul- California. He was killed in action on May 6th, Service Ambassadors for Youth award. I have tural innovation in the same way we endorse 2012 in Pakita Province, Afghanistan. The no doubt he will exhibit the same dedication innovation in fields such as health care or married father of two sons, ages 2 and 5, was and character in all his future accomplish- communications. felled by an improvised explosive device that ments. Mr. Speaker, our producers remain a critical detonated near the vehicle he was com- f source of jobs and innovation. Maintaining a manding. strong agriculture industry is vital to the My heart goes out to SSG Fogarty’s wife CONGRATULATING PRESIDENT MA present and future U.S. economy and is crit- Vanessa, their young sons, his parents and YING-JEOU OF TAIWAN ical to the economic and political stability. It is his friends for the loss of this noble man and with great pride and respect that I honor our soldier. SSG Fogarty made the ultimate sac- HON. EDOLPHUS TOWNS nation’s farmers and ranchers and extend rifice in service to his country. His fellow coun- OF NEW YORK birthday wishes to the USDA. trymen and women, and I, will be forever IN THE HOUSE OF REPRESENTATIVES f grateful. Thursday, May 10, 2012 A graduate of Alameda High School, SSG TEACHER APPRECIATION WEEK Fogarty entered the military in 2003 and his Mr. TOWNS. Mr. Speaker, I rise to con- first deployment was in January of 2005. His gratulate President Ma Ying-jeou on his inau- HON. DEBBIE WASSERMAN SCHULTZ tragic and untimely death occurred after eight guration to his second term as the leader of OF FLORIDA years and three months of service to his coun- The Republic of China (Taiwan). IN THE HOUSE OF REPRESENTATIVES try, and only a month after his arrival in Af- Back in January of this year, the people of Thursday, May 10, 2012 ghanistan. He had served two previous tours Taiwan reelected President Ma Ying-jeou and Ms. WASSERMAN SCHULTZ. Mr. Speaker, in Iraq. Before being deployed, SSG Fogarty on May 20th he will have his second inaugura- I rise today to pay tribute to the teachers of was a military recruiter. He was assigned to tion. President Ma has worked hard to main- Broward and Miami-Dade Counties during Na- the 3rd Battalion (Airborne), 509th Infantry tain a peaceful relationship with China and his tional Teacher Appreciation Week, taking Regiment, 4th Brigade Combat Team (Air- efforts must be recognized. The United States place this year from May 7 through May 11, borne), 25th Infantry Division at Joint Base El- deeply appreciates his efforts to keep the 2012. mendorf-Richardson in Alaska. peace, promoting stability in an important re- This week affords students, parents, and SSG Fogarty was an accomplished soldier. gion. communities across the nation a chance to His military awards include: 3 Army Com- Over his first term, President Ma worked come together and honor the extraordinary mendation Medals, 2 Army Good Conduct with the United States to continue Taiwan’s work our teachers are doing in the classroom Medals, National Defense Service Medal, Af- longstanding security partnership with the to transform the lives of young people and ghanistan Campaign Medal w/Bronze Service United States, requesting to purchase and educate the next American generation. Star, Iraq Campaign Medal w/Bronze Service U.S. defense systems. I and my colleagues in It is a time to remember that education is Star, Global War on Terrorism Expeditionary Congress remain strong supporters of The the cornerstone of a vibrant and prosperous Medal, Global War on Terrorism Service Taiwan Relations Act, which spells out the re- America, and to recognize the teachers that Medal, 2 Noncommissioned Officers Profes- lationship between the United States and Tai- make America’s successful future a reality. sional Development Ribbons, Army Service wan, and is critical to the peace and prosperity As a member of Congress and the proud Ribbon, Overseas Service Ribbon, Combat In- of the region. mother of three children in Broward County fantryman Badge, Combat and Special Skill President Ma achieved acceptance from the Public Schools, I see the talent and hard work Badge, Basic Marksmanship Qual Badge— World Health Organization for Taiwan to ob- of our teachers every day—not just in my role Bar, Weapon: Rifle (Inscription: Rifle), Expert, serve at the World Health Assembly, a signifi- as a policy maker, but in a very personal way. Parachutist Badge, Basic, U.S. Army Recruiter cant step forward for Taiwan’s international Educating the next generation is an essen- Identification Badge, Gold, and Overseas standing, and for the health of the people of tial and great act of public service—it’s a call- Service Bar. the East-Asian and Pacific region. We should

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6666 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 work to encourage Taiwan’s participation in A TRIBUTE TO KAYLA DE WEERD Squad, located in the Township of West participate in other international organizations Caldwell, Essex County, New Jersey as they such as the United Nations’ International Civil HON. TOM LATHAM celebrate their 75th anniversary. Aviation Organization (ICAO). OF IOWA The West Essex First Aid Squad formed in IN THE HOUSE OF REPRESENTATIVES November of 1937, when a group of local citi- I would also like to note that this also marks zens joined together to solve the problem of the 10th anniversary of the Congressional Tai- Thursday, May 10, 2012 obtaining a prompt and efficient ‘‘First Aid and wan Caucus, of which I have been a proud Mr. LATHAM. Mr. Speaker, I rise today to Ambulance’’ service to meet the needs of the member for years. honor and congratulate Kayla De Weerd, a sick and injured. Two months later, the group President Ma has diligently maintained 14-year-old 4–H’er of Hull, Iowa, who has had completed training, and on January 7, peace and stability and we look forward to his been named the state’s top high school youth 1938 the West Essex First Aid Squad an- future term as it provides an opportunity to volunteer for 2012 by the Prudential Spirit of swered its first call for help. achieve even greater accomplishments for the Community Awards. During its early years, from 1937 to 1941, people of Taiwan and further strengthen the The Prudential Spirit of Community Awards the Squad answered 543 calls for assistance U.S.-Taiwan relationship. program is our country’s largest youth recogni- and contributed 2,402 man-hours answering tion program based entirely on volunteer com- those calls, additional hours were logged for f munity service. Since 1995, 345,000 American training and practicing. During its second 5 youths have participated in this program, with years from 1942 to 1947, the number of calls HONORING THE 175TH ANNIVER- only 102 state honorees chosen each year. more than tripled to 1,759. SARY OF UNION BAPTIST Kayla’s path to this prestigious award began The West Essex First Aid Squad now in- CHURCH IN ALTON, ILLINOIS with her efforts through Reach Out Iowa, a cludes 85 volunteer members who serve federally funded grant that supports young Caldwell, West Caldwell, North Caldwell, Essex Fells, and Fairfield. The Squad’s four people who benefit their local communities ambulances and one rescue truck provide 24- through service. HON. JERRY F. COSTELLO hour emergency medical service to the com- To accomplish this goal, Kayla started a nu- OF ILLINOIS munity, as well as rescue with the Jaws of trition and physical activity program at her jun- Life, all at no cost to the public they serve. In IN THE HOUSE OF REPRESENTATIVES ior high school. Kayla gave presentations to 2007 and 2008, the Squad received more than her fellow classmates warning of the dangers Thursday, May 10, 2012 2,500 calls each year. of obesity and how to live a responsible, Men and women of the West Essex First Mr. COSTELLO. Mr. Speaker, I rise today to healthy lifestyle to avoid the long-term con- Aid Squad have demonstrated a marked com- ask my colleagues to join me in recognizing sequences of inactivity. In addition to arming mitment to the public by dedicating their time the 175th anniversary of the Union Baptist her peers in the fight against obesity, Kayla and resources to providing lifesaving services also educated others to effectively implement Church in Alton, Illinois. to the community. The Squad is always avail- similar programs in more schools across her able to provide aid to local fire departments. In the first half of the 19th century, Alton, Illi- community. Kayla and her mother, Deb, trav- The Squad also provides support during haz- nois had developed as a major stop on the eled to Washington D.C. earlier this week to ardous material incidents, structure fires, and Underground Railroad as slaves came north in accept this great honor. natural disasters. search of their freedom. It was a small group Mr. Speaker, I applaud Miss De Weerd for The West Essex First Aid Squad has exhib- of these former slaves, some having arrived her sincere dedication to positively impact the ited dedication to serving the community by via the Underground Railroad and some hav- lives of others in her community and beyond. answering a full spectrum of calls for help, ing previously been freed, that gathered to Kayla’s commitment to a cause greater than ranging from complaints of chest pain or dif- form a Baptist Church in Alton. herself is a testament to the high-quality char- ficulty breathing, to motor vehicle collisions. The group organized as the African Mission acter and unwavering work ethic instilled in The volunteers further serve the community by Freedmen. In 1837, the same year that the Iowans both young and old. I know I speak for standing by at community events such as foot- City of Alton was incorporated and also the all of my colleagues in the United States Con- ball games, parades, concerts, and 4th of July same year that the famed abolitionist jour- gress in congratulating Kayla, thanking her fireworks. Members have not only volunteered nalist, Elijah Lovejoy, was killed, the Union supportive family, and thanking all of those in- their time to the Squad and to public events, Baptist Church was founded. The first pastor volved in this wonderful project for their life- but have also sponsored blood drives and do- was Rev. John Livingston and one of the changing efforts. Thank you. nated their time and talents in offering first aid founding members, John Anderson, had f and CPR instruction to members of the com- munity. worked as a pressman for Elijah Lovejoy at PERSONAL EXPLANATION The Alton Observer. The West Essex First Aid Squad is truly a selfless group of individuals, devoted to pro- As the church congregation grew, a two- HON. WILLIAM L. OWENS viding basic life support services, emergency story building was constructed in 1854, with OF NEW YORK medical services, and heavy rescue to the Union Baptist Church meeting on the second IN THE HOUSE OF REPRESENTATIVES public. Through their steadfast dedication to floor and the first African-American school in Thursday, May 10, 2012 addressing the needs of area families and Alton using the first floor. businesses, the West Essex First Aid Squad Mr. OWENS. Mr. Speaker, I unintentionally has proved itself to be a pillar of our commu- The church was forced to sell the building in voted ‘‘aye’’ on rollcall No. 215 when I in- the later years of the 19th Century and went nity. tended to vote ‘‘no’’ on the Huizenga amend- Mr. Speaker, I ask you and my colleagues back to meeting in congregation homes. In the ment to H.R. 5326. I reiterate my strong sup- early 1900s a new church was built. to join me in congratulating the West Essex port for public sector employees. First Aid Squad as they celebrate their Sev- The 175-year history of Union Baptist f enty-fifth anniversary. Church has seen its membership go through HONORING THE WEST ESSEX f periods of decline, followed by resurgence. FIRST AID SQUAD’S 75TH ANNI- Throughout those years, however, the spirit of OUR UNCONSCIONABLE NATIONAL VERSARY its founders, who came searching for freedom DEBT and a better life, has sustained the church and kept it thriving as a place of worship up to HON. RODNEY P. FRELINGHUYSEN HON. MIKE COFFMAN today. OF NEW JERSEY OF COLORADO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me in honoring the 175th anniversary of the Union Thursday, May 10, 2012 Thursday, May 10, 2012 Baptist Church and to wish the congregation Mr. FRELINGHUYSEN. Mr. Speaker, I rise Mr. COFFMAN of Colorado. Mr. Speaker, the best for many years to come. today to honor the West Essex First Aid on January 20, 2009, the day President

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 10, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 6667 Obama took office, the national debt was PERSONAL EXPLANATION their selfless efforts in protecting communities $10,626,877,048,913.08. across our great state. Thank you. Today, it is $15,674,047,733,490.96. We’ve HON. LOUISE McINTOSH SLAUGHTER f added $5,047,170,684,577.88 to our debt in OF NEW YORK ON THE OCCASION OF THE 40TH just over 3 years. This is debt our nation, our IN THE HOUSE OF REPRESENTATIVES ANNUAL DEBUTANTE SCHOLAR- economy, and our children could have avoided Thursday, May 10, 2012 SHIP COTILLION OF THE THETA with a balanced budget amendment. LAMBDA OMEGA CHAPTER OF Ms. SLAUGHTER. Mr. Speaker, I was un- THE ALPHA KAPPA ALPHA SO- avoidably detained and missed rollcall vote f RORITY numbers 224, 225, 226, 227, 228, 229, 230, RECOGNITION OF NATIONAL 231, 232, 233, 234, 235, 236, 237, 238, 239, CANCER RESEARCH MONTH 240, 241, 242, and 243. Had I been present, HON. GARY C. PETERS I would have voted ‘‘Aye’’ on rollcall vote num- OF MICHIGAN HON. ROSA L. DeLAURO bers 224, 225, 227, 237, 238, 239, and 240. IN THE HOUSE OF REPRESENTATIVES I would have voted ‘‘No’’ on rollcall vote num- Thursday, May 10, 2012 OF CONNECTICUT bers 226, 228, 229, 230, 231, 232, 233, 234, Mr. PETERS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES 235, 236, 241, 242 and 243. recognize the members and alumni of the Thursday, May 10, 2012 f Alpha Kappa Alpha Sorority, Inc.’s (AKA) Theta Lambda Omega Chapter on the 40th A TRIBUTE TO IOWA’S TOP COPS Ms. DELAURO. Mr. Speaker, I rise today to anniversary of its Debutante Scholarship Cotil- recognize May as National Cancer Research lion. Month. This month we recognize the critical HON. TOM LATHAM Over a hundred years ago, in 1908, AKA importance of cancer research and the con- OF IOWA was founded by a group of brave, determined tributions of researchers, clinicians, and pa- IN THE HOUSE OF REPRESENTATIVES and socially conscious African-American tients across the country. Thursday, May 10, 2012 women at Howard University in Washington, Before I was a Congresswoman, I was a D.C. As the first organization of its type, the survivor of ovarian cancer. I was lucky—my Mr. LATHAM. Mr. Speaker, I rise today to pioneers of AKA banded together out of sim- cancer was found by chance in its earliest recognize six members of the Des Moines Po- ple need to ensure that women of color not stage, and I have now been cancer-free for 25 lice Department, Sergeant Michael McTaggart, only attend college, but that their experiences years now. So I arrived in this body knowing Reserve Officer John Carter, and Senior Po- while there helped them to fulfill their greatest firsthand the crucial importance of medical re- lice Officers Colin Boone, Aaron Cawthorn, potential. Over the decades following its cre- search. Jeremy Sprague, and Robin Swank, for being ation, AKA has not only empowered its mem- I am glad to say that our progress in fighting named Iowa’s TOP COPS for 2012. bers, but has cultivated an attitude of commit- cancer since the National Cancer Act of 1971 In the early morning of August 28th, 2011, ment to service to the community. has been nothing short of amazing. Nearly 12 these officers responded to a report of a car Like its national organization, the Theta million Americans are cancer survivors. There accident in Des Moines to find a vehicle on its Lambda Omega Chapter of AKA shares in a is a vaccine to help prevent cervical cancer. side completely engulfed in flames. Inside the rich history and commitment of service. Over The overall five-year survival rate has in- car, the cries for help of three teenage girls the last four decades, the members of the creased from 52 percent in 1975 to 80 percent could be heard. Fighting jagged metal and fire Theta Lambda Omega chapter have engaged today. hot enough to melt glass, Des Moines’ finest in countless community service projects and didn’t hesitate in risking their own lives to save And biomedical research is growing our organized many charitable campaigns that the lives of the three trapped young girls. The have had a tremendous impact on commu- economy. The National Institutes of Health quick action of these officers embodies the support over 300,000 researchers at more nities in southeast Michigan. professionalism the Des Moines Police De- Among the Theta Lambda Omega chapter’s than 3,000 universities, institutions, and busi- partment instills in its officers, but it’s the self- nesses across the country. Every single dollar many endeavors is a concerted effort to im- less courage displayed immediately by these prove educational opportunities in the Pontiac of National Institutes of Health funding is esti- law enforcement professionals that truly mated to result in an additional two dollars of community. As part of this effort, the Chapter’s makes this story inspiring. All six officers in- Emerging Youth Leaders Initiatives help youth business activity and economic impact. Keep- volved in the rescue were awarded the ing it simple, this means that research sup- develop their leadership skills, encourage pa- DMPD’s highest honor, the Medal of Valor. rental involvement in the education process ports jobs, and has a nearly two-fold return on For their display of courage, the National our federal investment. and promote civic activism. In addition to help- Association of Police Organizations bestowed ing youth develop these important skills, the But, there is more to be done. Some can- these officers with Iowa’s 2012 TOP COP sorority provides scholarships to members and cers, including ovarian cancer, still have an Honorable Mention award. This award is a future members helping them achieve their extraordinarily high mortality rate and are typi- tribute to outstanding law enforcement officers educational goals. cally caught far too late in the disease. This who display actions above and beyond the call For the past 40 years the Theta Lambda year, more than 1.6 million Americans are ex- of duty. Each year, TOP COPS are nominated Omega Chapter has gathered to honor the pected to be diagnosed with cancer. More nationwide by their fellow police officers, but young women of Pontiac and its surrounding than 570,000 Americans will pass away this only one case from each state is selected to communities at the annual Debutante Scholar- year because of cancer; meaning more than be honored with this award. Each State’s TOP ship Cotillion. The scholarship cotillion is one 1,500 Americans each day, or one person a COPS are invited to an award ceremony in of many community service contributions of minute, will die because of this disease. Washington D.C., which is attended by celeb- the Pontiac chapter of Alpha Kappa Alpha So- This is why our continued investments in rities, politicians and members of the national rority and during the 40th year celebration, cancer research are so important. Medical re- law enforcement community alike to pay trib- eleven extraordinary hard-working young search creates investment opportunities for ute to these local heroes. women and high school seniors will receive private industry. It strengthens our university Mr. Speaker, the extraordinary heroism dis- scholarships to assist them in attending col- medical system. It creates jobs, makes Amer- played in the face of danger by these police lege. Each debutante is recognized for their ica more competitive, and drastically improves officers is nothing short of awe-inspiring. outstanding scholastic achievements in addi- the quality of life for so many Americans. And These members of the Des Moines Police De- tion to the many hours they have committed to it has the potential to save lives. partment are a testament to the high quality of community service and personal development. And it is why this month we join to thank our State’s law enforcement community. I Mr. Speaker, for almost half of a century, scientists and clinicians for their work on can- know I speak for all of my colleagues in the the Theta Lambda Omega Chapter of the cer research. And we thank the patients who United States Congress in congratulating Jer- Alpha Kappa Alpha sorority has been sup- support that research by participating in clin- emy, Robin, Colin, Aaron, John and Michael, porting the young women in Southeast Michi- ical trials. and thanking all of Iowa’s police officers for gan and giving them the tools they need to

VerDate Sep 11 2014 14:42 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR12\E10MY2.000 E10MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6668 EXTENSIONS OF REMARKS, Vol. 158, Pt. 5 May 10, 2012 build a bright future. Over its time, Theta mother, grandmother and great-grandmother, verse congressional districts in the Nation, I Lambda Omega chapter and its members Mrs. McMillan devoted her life to serving her am honored to join my friends in the Jewish have been honored with many awards for their family and community. American community in celebration of Jewish work, which has undoubtedly strengthened Mrs. McMillan was born in New York City on American Heritage Month, and to recognize July 8, 1928. She was educated in New York and ensured the continued vibrancy of the re- the many contributions Jewish Americans City, graduating from the Psychiatric Institute gion. I wish the members and alumni of the have made to our country. Theta Lambda Omega Chapter of the Alpha of Nursing in Rockland County and then com- Kappa Alpha Sorority many more years of pleted her graduate studies at Long Island Jewish immigrants, like the immigrants from success as they fulfill their mission in service University Psychiatric Institute at Columbia many other countries throughout our Nation’s to our community. University and Glassboro State College. history, came to our country for the promise of After Mrs. McMillan completed her studies, f freedom, tolerance and socioeconomic mobil- she started her career as a school nurse in ity. For more than 350 years, Jewish Ameri- PERSONAL EXPLANATION New Jersey with the Cape May County Spe- cial Services School. Mrs. McMillan excelled in cans have enriched American society by plac- HON. RUSS CARNAHAN her profession, she went on to work as a ing a strong value on education, community nurse at the Atlantic County Jail, and also be- and culture. OF MISSOURI came the supervisor and director of nursing at IN THE HOUSE OF REPRESENTATIVES Through their entrepreneurial spirit and in- Harborfields Juvenile Correction Facility. Mrs. novations in technology, the Jewish American Thursday, May 10, 2012 McMillan worked tirelessly for the underserved community has contributed to the economic vi- in society, frequently serving as an advocate Mr. CARNAHAN. Mr. Speaker, due to being tality of our nation and particularly of my dis- unavoidably delayed, I missed the vote on the for female inmates in county jails. trict, leading the way in renewable energy de- Huelskamp Amendment, which prohibits the In addition to her lifelong service in her use of funds in contravention of the Defense community, Mrs. McMillan volunteered her velopment and high technology. Without ques- of Marriage Act, to H.R. 5326 (roll No. 235), time with several organizations, including the tion, Silicon Valley would not be the hub of in- the Commerce, Justice, Science, and Related Red Cross, The Advisory Commission on the novation it is today without the many signifi- Appropriations Act for FY 2013. I would have Status of Women and the American Associa- cant contributions of Jewish Americans. voted against this amendment, had I been tion of Retired People. Finally, Mr. Speaker, Doris B. McMillan The Jewish American community in my dis- present to record my vote. leaves to cherish her legacy a host of friends trict serves as a shining example of what f and family members, including her beloved makes Silicon Valley a global leader. I am IN MEMORY OF DORIS B. son, Minister Robert Muhammad of Houston. privileged to serve a district that celebrates its MCMILLAN f diversity, and proud to represent a community CELEBRATING JEWISH AMERICAN of Jewish Americans whose contributions in HON. AL GREEN HISTORY MONTH the fields of technology, business, education, OF TEXAS and many others, have served as a testament IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL M. HONDA to America’s promise as a land of opportunity Thursday, May 10, 2012 OF CALIFORNIA and of dreams. IN THE HOUSE OF REPRESENTATIVES Mr. AL GREEN of Texas. Mr. Speaker, I would like to honor the memory of an excep- Thursday, May 10, 2012 tional public servant and psychiatric nurse, Mr. HONDA. Mr. Speaker, as the proud rep- Doris B. McMillan. A loving mother, god- resentative of one of the most ethnically di-

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