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

Vol. 157 WASHINGTON, WEDNESDAY, SEPTEMBER 21, 2011 No. 141 House of Representatives The House met at 10 a.m. and was whether or not this is a good idea for dressed that. We had 3.8 percent unem- called to order by the Speaker pro tem- our country. It’s class warfare. It will ployment. pore (Mr. MCCLINTOCK). hurt job creation. You know, these are What have they done to create a sin- gle job so far this year? Nothing. In f arguments. It won’t raise money. These are arguments that certainly are fact, they eliminated jobs. But, you DESIGNATION OF SPEAKER PRO very, very telling. know, that’s because we want to give TEMPORE In fact, I have some direct quotes the job creators a break. We don’t want The SPEAKER pro tempore laid be- from one Representative: ‘‘This is real- to tax them, all to protect tax cuts. fore the House the following commu- ly the Dr. Kevorkian plan for our econ- And then, finally, the final quote nication from the Speaker: omy. It will kill jobs, kill businesses, about we don’t have a revenue problem; we have a spending problem is from WASHINGTON, DC, and yes, kill even the higher tax reve- September 21, 2011. nues that these suicidal tax increasers then Representative BOEHNER, now I hereby appoint the Honorable TOM hope to gain.’’ Speaker BOEHNER. MCCLINTOCK to act as Speaker pro tempore Another Representative: ‘‘Class war- Now, of course, our taxes are at 15 on this day. fare may win political campaigns, but percent of our gross domestic product, JOHN A. BOEHNER, it doesn’t spur economic growth. Rais- considerably lower than the percent of Speaker of the House of Representatives. ing the capital gains tax may garner taxes that were levied in the Reagan f political capital, but it will not create era. And, you know, we do have a rev- enue problem, $5 trillion of tax cuts MORNING-HOUR DEBATE any jobs.’’ And then, finally, of course: ‘‘When over the last decade, $5 trillion, 5 thou- The SPEAKER pro tempore. Pursu- are we going to get it? We do not have sand billion dollars of tax cuts, heavily ant to the order of the House of Janu- a revenue problem in this Congress; we oriented toward the job creators—the ary 5, 2011, the Chair will now recog- have a spending problem.’’ millionaires and the billionaires. nize Members from lists submitted by Those are heavy criticisms. And just Where are the jobs? Where are the jobs? the majority and minority leaders for think if they proved true what a dis- It doesn’t work. First it was 8 years morning-hour debate. aster it would be for America. Now, of of Bush tax cuts, then 2 years of Bush- The Chair will alternate recognition course, these criticisms were all lev- between the parties, with each party Obama tax cuts, and now we have eled in 1993, the last time we had a President Obama’s further proposed limited to 1 hour and each Member Democratic President propose that other than the majority and minority tax cuts. millionaires and billionaires should Tax cuts don’t create jobs. leaders and the minority whip limited pay a fair rate of taxes in this country. Now, I think, actually, now I have to 5 minutes each, but in no event shall The first one was from Representa- considered their arguments, the Presi- debate continue beyond 11:50 a.m. tive Christopher Cox, a total idiot who dent’s right. Billionaire hedge fund f ran the Securities and Exchange Com- speculators on Wall Street, let’s think mission while Wall Street gambled our PAY A FAIR SHARE about it. Their rate of taxation is 15 economy into the tank. He said the percent on billions of dollars of in- The SPEAKER pro tempore. The part about killing jobs, and we come. A small business owner, $50,000 a Chair recognizes the gentleman from wouldn’t get jobs and we wouldn’t get year, whoa, more than twice that. Oregon (Mr. DEFAZIO) for 5 minutes. higher revenues. Army captain, just back from defend- Mr. DEFAZIO. Well, I was initially Well, actually, with the Clinton tax ing America in Afghanistan, whoa, very supportive of the President’s pro- increases, we did get higher revenues, more than twice that. posed Buffett tax based on the premise we did balance the budget, we did pay Who gives more value to this society, that no millionaire or billionaire off debt, and we had 3.8 percent unem- the parasite on Wall Street who is should pay a lower tax rate than a ployment. And we were asking the job speculating and driving up the price of checkout clerk at the Albertsons su- creators, the millionaires and billion- our fuel and making billions of dollars permarket or a small business owner aires, to pay a fair share. I guess Chris doing it or the Army captain or the who only earns $40,000 a year. It seemed was wrong. small business owner, the real job cre- fair to me. But, you know, then I start- Well, let’s see, the second one was ators? ed listening to the Republican re- from former Representative Pryce of We can, by levying a fair rate of sponse, and it’s pretty heavy and it Ohio about political capital not cre- taxes on the millionaires and billion- really gives you pause to think about ating any jobs. Well, we already ad- aires under the Buffett tax—the best

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.

H6275

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VerDate Mar 15 2010 23:58 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.000 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6276 CONGRESSIONAL RECORD — HOUSE September 21, 2011 investor in this country, who thinks out and can state a valid security million to $3 million. Why? Because this is the direction we should go—we threat. Gibson bought wood overseas to make can both create jobs, stabilize the econ- This is an unprecedented step. It will guitars in America. Seriously.’’ omy, get down the deficit, and con- facilitate serious violations of privacy, Well, seriously, Mr. Speaker, you tinue to fund critical programs. Iron- and it doesn’t help create jobs in Amer- were seriously—well, not necessarily ically, in the grand deal that was ica. you, I know you can’t write all of your adopted back here a month ago that I I have introduced a piece of legisla- speeches, but you were done a dis- voted against, there was only one spec- tion called the BARR Preservation service by your speech writers who ified cut, one cut specified in that Act, along with Kansas Senator PAT could have done a little more research bill—graduate student financial aid. ROBERTS, and I would urge my col- about the background of what was hap- That’s because at the country club leagues to support that legislation. It pening there. The Federal Government they don’t meet anybody who can’t put will create jobs in America. was involved with enforcing the Lacey their kids through medical school. Now the President most recently an- Act which actually makes it easier to We need doctors. We need other pro- nounced, as part of his efforts to reduce protect American jobs and manufac- fessionals. We need to help the next the deficit, user fees on general avia- ture here at home. generation succeed, education and in- tion aircraft, over $100 per flight, not In 2008, I was pleased to be part of frastructure investment, and we need to mention the enormous bureaucracy leading an effort working with the money to help pay for it. it will take to collect this set of taxes. Bush administration in a bipartisan f At a time when America has got unem- fashion to amend the Lacey Act, which ployment of one in six or more, it’s no bars trade in illegally harvested spe- GENERAL AVIATION time to add taxes on folks who are try- cies to include trade in illegally har- The SPEAKER pro tempore. The ing to fly their airplane around this vested timber. Illegal logging threat- Chair recognizes the gentleman from country to get from Topeka to Des ens some of the world’s richest and Kansas (Mr. POMPEO) for 5 minutes. Moines, to get to small towns to sup- most vulnerable forests, but more im- Mr. POMPEO. Mr. Speaker, I rise port American manufacturing. This portant, it threatens tens of thousands this morning to talk about how our President wants to put taxes on gen- of jobs right here in the United States. President has systematically and re- eral aviation users. Over 50 trade associations, nonprofits, lentlessly attacked the general avia- and unions representing the entire b 1010 tion industry. range of the U.S. economy signed You know, this is one of the few last Finally, let me just talk for a mo- statements supporting this amendment great manufacturing gems left in ment about the taxes and the rhetoric. to the Lacey Act and its proper imple- America. It creates $1.2 million jobs— Mr. President, this industry is not ask- mentation. the gentleman before me was speaking ing for a handout. This President mis- This is serious business. People who about jobs—1.2 million jobs in America takes hardworking people for folks who cheat by knowingly using wood prod- and $150 billion worth of income and a are looking for something from the ucts that are bought illegally overseas tremendous amount of exports. Federal Government. All we ask is to cost American jobs. The estimate was This industry is enormously impor- be left alone. We don’t want the bail- over $1 billion every year in lost oppor- tant to my district, but not just my outs that the city of Detroit received tunities and lower prices because of the district, the air capital of the world, and that the automotive folks received. illegal logging. We wanted to increase but all across the country. These are We’re not asking for tax favoritism. All American jobs here at home, so we cre- good jobs. These are middle class jobs. we’re asking is that you respect the ated a mechanism so that people would They are jobs for machinists and weld- hardworking people of Kansas and all have an incentive to stop cheating, to ers and riveters and managers and pur- across America who build the finest stop competing unfairly against Amer- chasing people who make some of the airplanes in the world. This is, Mr. ican businesses that are following the finest airplanes in the world. Speaker, failed leadership. rules. But instead of supporting the general We have $4 trillion in additional debt It’s interesting to note that in 2009 aviation industry and welcoming those and a loss of 2 million jobs under this when Gibson was first brought to the jobs, the President has attacked it. At President. Don’t give us a bailout; attention of the enforcement agencies the very least, he could just leave it don’t give us a handout. We don’t want and a process started, because of con- alone. But this is part of his larger special favors. Simply leave us alone to cerns that they may have taken illegal class warfare effort. grow and create good, middle class, timber from Madagascar, on the floor He demonizes general aviation users. hardworking people’s jobs right in Kan- of the House, over 400 Representatives He calls them corporate fat-cat jet sas and right in America. voted in favor of a resolution I had con- owners at every turn. But it’s not im- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE demning illegal logging in Madagascar. pacting the folks who use those as The SPEAKER pro tempore. Mem- We find there are people right here in business tools; it’s impacting the peo- bers are reminded to direct their re- the United States who understand this ple who build these airplanes. They are marks to the Chair. dynamic. The success of the Lacey Act productive. They are working to grow f rests on a simple principle: rewarding their businesses, and they are growing companies that follow the law while jobs. LACEY ACT PROTECTS AMERICAN shedding light on bad actors. It ensures His rhetoric kills sales of American JOBS that American business using foreign manufactured goods and, with them, The SPEAKER pro tempore. The wood, like guitar makers, pay atten- the jobs that are created when those Chair recognizes the gentleman from tion to the sources of their wood. We airplanes are built. You know, he has Oregon (Mr. BLUMENAUER) for 5 min- had very powerful testimonies of what attacked it in multiple ways. utes. happens in illegal logging. It doesn’t Most recently the Department of Mr. BLUMENAUER. Mr. Speaker, just destroy fragile ecosystems and Transportation issued something called last week in a speech before the Eco- threaten a scarce and dwindling supply BARR. It’s a program which has long nomic Club of Washington, Speaker of rare species of wood, it destabilizes ensured basic privacy rights for general BOEHNER used this tried and true Re- those countries. The people who are en- aviation users by allowing them to opt publican applause line: ‘‘Excessive reg- gaged in the traffic of illegal timber out of being tracked by everybody with ulations are making it harder for our threaten, they corrupt, and sometimes an Internet connection. But on August economy to create jobs.’’ But then he they kill. It is possible to figure this 2, the FAA changed that rule and said, followed up with a real-life example. out. People need to pay attention. no, now anyone with an Internet con- ‘‘Last month, Federal agents raided Guitar makers like C.F. Martin Gui- nection can find out and violate the Gibson Guitar factories in Tennessee. tar are strongly supportive of the law. privacy rights of anybody who decides Gibson is a well-respected American I quote: ‘‘I think the Lacey Act is a to fly in an airplane all across the company that employs thousands of wonderful thing. I think illegal logging country unless they specifically opt people. The company’s costs were $2 is appalling,’’ the company’s CEO,

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.002 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6277 Chris Martin, said in a recent inter- TRAIN Act. The acronym stands for HONORING SENATOR MALCOLM view. ‘‘It should stop, and if this is Transparency and Regulatory Analysis WALLOP what it takes to stop unscrupulous op- of Impacts on the Nation. It is quite a The SPEAKER pro tempore. The erators, I’m all for it.’’ mouthful, but what it’s going to do, Chair recognizes the gentlewoman from Mr. Speaker, this is serious business. very specifically, is delay the imple- Wyoming (Mrs. LUMMIS) for 5 minutes. Being able to have protections to pro- mentation of two very important Clean Mrs. LUMMIS. Mr. Speaker, I rise tect American manufacturers from un- Air Act standards that protect human today with a heart that is both heavy fair competition by people who skirt health and the environment. Now, we and full of pride. On September 14, the rules, people who cheat, is in can have a lot of arguments about former U.S. Senator Malcolm Wallop everybody’s interest. Let’s let the proc- proper regulation, which ones are good passed away at the age of 78. Senator ess ongoing right now work its way and which ones are bad, but can we Wallop brought to the Congress his out. Let’s see if there’s a problem. But really argue about the necessity of tak- considerable influence, outspoken con- by all means, we ought to protect the ing appropriate action to protect the servatism, and keen intelligence. The integrity of the Lacey Act, which is de- air we breathe? word ‘‘statesman’’ only begins to signed to save these tens of thousands The Clean Air Act has been very suc- scratch the surface of Malcolm Wal- of jobs here at home and the environ- cessful in improving air quality around lop’s accomplishments. ment abroad. this country. Obviously, much more After serving in the Wyoming Legis- f needs to be done. But the two provi- lature for several terms, Malcolm Wal- sions that are under attack by the so- lop was elected to the United States CREATING JOBS IN AMERICA Senate in 1976, a seat he held for 18 called TRAIN Act are: The SPEAKER pro tempore. The years. In the Senate, he served on nu- Chair recognizes the gentleman from One regulation that regulates cross- merous committees. He was the rank- Florida (Mr. NUGENT) for 2 minutes. State air pollution. Now, if you live in ing member of Energy and Natural Re- Mr. NUGENT. Mr. Speaker, I rise one State and there is a coal-burning sources and was the first nonlawyer in today to emphasize one more time that plant in another State, the law of air the history of the Senate to serve on the Federal Government doesn’t create motion means that the pollution is the Judiciary Committee. jobs; it’s small businesses and entre- going to follow the path that the air His efforts on the Judiciary Com- preneurs. You just heard my friend travels, and people in a State that are mittee led to the enactment of the first talk about Gibson Guitar and vilify on the receiving end of polluted air international parental kidnapping stat- Gibson Guitar because they purchased ought to have some protection. This ute, protecting children from being ab- wood from a foreign operator, an oper- has a significant impact on health. It is ducted overseas by noncustodial par- ator that violated a law of another not as though you can have appro- ents. country and brought that wood to priate regulatory safety without hav- Through his work on Finance, Con- America for Gibson Guitar, one of the ing the Federal Government have some gress cut inheritance and gift taxes in oldest American producers of guitars role, since air does travel according to 1981, which, among other things, en- today. Gibson Guitar employs people in the law of physics, not according to an sured that ranching families could con- America. Gibson Guitar has done act of Congress. tinue their operations upon the death things that may be reprehensible to of a family business partner. A second provision is the power plant He was also a tireless promoter of some. Obviously to those who are em- emissions of mercury limitation. Mer- ployed by that company, it’s not. free trade, making new numerous trips cury is a known carcinogen. It is ex- abroad to promote GATT to reduce tar- As we move along, you know, we tremely dangerous to our health, par- need to remember what jobs are cre- iff barriers. ticularly that of infants. And the suc- Due to his service on the Intelligence ated by small manufacturers. What is cess that we’ve had in limiting mer- the Federal Government supposed to and Armed Services Committees, Sen- cury pollution has had dramatic im- ator Wallop served on the Helsinki do? This Federal Government not only pacts—positive impacts—on our health. raided Gibson Guitar, told them to Commission, which was charged with Why? Why would we delay the imple- negotiating a number of complex arms close down their lines, laid people off mentation of a mercury regulation from work—or hey, they have a better control treaties, including SALT I, II, that is going to have significant and and III. Senator Wallop was one of the idea: Why don’t you just move your op- immediate benefit? eration to another country? That’s first persons outside of the old Soviet what this administration’s message is There may be some cost to this; Union to meet with Aleksandr Sol- to manufacturers and the job creators that’s true. But what about the cost in zhenitsyn while he was still a prisoner in America. If you don’t like it, just go lives? What about the cost in health in the gulag. ahead and move to another country. care expenditures by allowing pollution In the Cowboy State, Senator Wallop Take those jobs and give it to someone to occur? was a champion of protecting the west- ern way of life, including an amend- else other than Americans. When we do something and price it ment to the 1980 Clean Water Act pro- I think we are wrongheaded in our cheaply by ignoring what the external hibiting Federal usurpation of State approach. We look at regulations as an impacts of allowing something to be water rights and an amendment to the end-all to everything, just not com- theoretically cheap, in the terms of Surface Mining Control Act that di- monsense solutions. When we talk lives lost, in terms of health care ex- rected the Federal Government to com- about creating jobs in America, I have penses incurred, we’re not saving any- pensate owners of mineral rights for gone across my district, and I ask the body money. We’re making some job creators, the small businesses: the loss of the right to mine. money for the owners of the polluting Senator Wallop was one of the first What can we do in D.C. to help you? entity, but we are not making money And they said: Mr. Congressman, just legislators to lead the charge against for society, and we are certainly not the ‘‘War on the West,’’ which subordi- get out of our way. Allow us to do the protecting it. things that we need to do to create jobs nated States’ rights and severely lim- We have to have careful regulation. here in America. ited multiple use of our public lands. In We should always be willing to look at 1984, the Republican Senator partnered f them to get rid of things that don’t with Democrat John Breaux of Lou- b 1020 make sense and aren’t getting the job isiana to author the Wallop-Breaux done, but we also need proper regula- Sport Fishing Restoration Act to pro- THE TRAIN ACT tion. And when it comes to health and mote boat safety and fish habitat con- The SPEAKER pro tempore. The safety, clean air and mercury, those servation along with enhancing fishing Chair recognizes the gentleman from are two provisions that should not be opportunities, including those for the Vermont (Mr. WELCH) for 5 minutes. delayed. This legislation would do that. handicapped. Mr. WELCH. Mr. Speaker, the House It’s harmful to our health, and it will Senator Wallop was also committed this week will take up a bill called the be harmful to our economy. to education and volunteerism. In 1979,

VerDate Mar 15 2010 23:58 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.012 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6278 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Congress passed his legislation estab- ‘‘Your Nation now has the courage to hope its key components will be en- lishing the Congressional Award Pro- do what is right by you.’’ acted into law. The supercommittee gram, which is privately funded and is Air Force Lieutenant Josh Seefried, has begun its work of proposing respon- the only volunteer award given in the a leader among gay and lesbian service- sible ways to grow our economy while name of Congress. Wyoming is proud to members, describes the oppressive na- reducing our deficits. The work that have the most active participation in ture of this policy in this way. He said: lies ahead will not be easy, but it must that program. ‘‘It consumes your thought process, it be done. Upon his retirement from Congress, consumes your future, because of the With this as backdrop, I rise this Senator Wallop founded Frontiers of fear of getting caught.’’ morning to discuss the Puerto Rico In- Freedom, a conservative think tank Mr. Speaker, it is incomprehensible vestment Promotion Act, which I will promoting freedom, fewer Federal reg- to me that anyone—in particular, introduce tomorrow. The bill is de- ulations, and smaller government. brave, selfless members of our mili- signed to attract investment to Puerto He was a man of supreme integrity, tary—should live any day in fear of Rico and to create jobs on the island, incredible intellect and a quick wit, ‘‘getting caught.’’ This step is hugely where the unemployment rate over the humble to a fault and exceedingly welcomed, and it is long overdue. last decade has consistently stood six kind. I am told he always had time to to eight percentage points above the b 1030 ask a Capitol Hill elevator operator or national average. At the same time, police officer about their family on his ‘‘Don’t ask, don’t tell’’ was opposed the bill seeks to generate new revenue way to a vote. He had a tremendously by an overwhelming majority of Amer- for the Federal Government and to en- devoted staff, many of whom worked icans because it violated the values we courage job-creating investment in the for him for the full 18 years of his ten- claim to stand for as a Nation. It was 50 States, where unemployment now ure in the Senate. not only tearing at our moral fabric; it exceeds 9 percent. Finally, Malcolm Wallop was the de- was undermining our military readi- This bill is endorsed by Puerto Rico’s scendent of an entrepreneurial pioneer ness and national security as well. At a Governor, Luis Fortuno, the leaders of family who had roots in Wyoming and time when we’re asking so much of our Puerto Rico’s two main political par- the British Isles as well. Senator Wal- servicemembers, putting them on the ties, and the island’s business commu- lop’s grandfather served not only in front lines of two wars, we owe them, nity. At the outset, it is important to ex- England’s Parliament but the Wyo- at the very least, and we have finally plain why I’m promoting legislation of ming Legislature. The first polo field brought them the dignity of a discrimi- this sort. Like the States, the U.S. ter- in the United States was built on the nation-free workplace. ritory of Puerto Rico faces serious eco- Wallop family ranch at Big Horn, Wyo- I salute President Obama, and I sa- lute our military brass for their leader- nomic challenges. However, the eco- ming. nomic problems of Puerto Rico have Senator Wallop was a man blessed ship in reversing this injustice. I salute proven to be structural and chronic, with four wonderful children, many the Members of Congress, Democrat and Republican, who voted for the re- not cyclical and temporary. grandchildren, and his wife, Isabel. My I believe that Puerto Rico’s economy peal. And of course we all owe a debt of thoughts and prayers are with his fam- will never unleash its tremendous po- gratitude to those who serve with ily. In their time of sadness, let them tential under its current political sta- honor and integrity, those who de- be comforted in the knowledge that tus. And I support statehood for the is- fended American rights and freedoms Wyoming stands strong today because land in part because history shows that of Senator Wallop’s untiring love of, even when America wouldn’t afford every territory that joins the union ex- and commitment to, our great State. them the same rights and freedoms. periences substantial increases in its f So, Mr. Speaker, now there will be no economic activity and standard of liv- sanctioned bigotry or homophobia in ing. However, until a majority of Puer- GOOD RIDDANCE TO ‘‘DON’T ASK, the Armed Forces of the greatest coun- DON’T TELL’’ to Rico’s people express a desire for try on Earth. Our military will accept statehood and Congress welcomes the The SPEAKER pro tempore. The everyone who demonstrates their fit- island as a full member of the Amer- Chair recognizes the gentlewoman from ness to serve. Their sexuality will be ican family, it is incumbent upon me California (Ms. WOOLSEY) for 5 min- irrelevant. They may be as open about to take all reasonable steps to utes. it or as discreet about it as they strengthen the island’s economy within Ms. WOOLSEY. Mr. Speaker, yester- choose. the severe constraints imposed by the day was a truly historic day in our Good riddance to ‘‘don’t ask, don’t current territorial status. country’s struggle for equal rights for tell.’’ Our country will be stronger, My aspiration for Puerto Rico is that all people. Leaders of the United States safer, and fairer without it. And while it will enjoy the political, social, and Army sent a notice to soldiers serving we support our troops by eliminating economic equality that only statehood around the globe that simply said the this wrong-minded policy, let’s take offers; and I look forward to the day following: ‘‘Today marks the end of the next step and support all of our when it will no longer be necessary for ‘Don’t Ask, Don’t Tell.’ The law is re- troops, regardless of their sexual ori- Puerto Rico’s leaders to petition the pealed. From this day forward, gay and entation, by bringing them home from U.S. Congress for customized, island- lesbian soldiers may serve in our Army Iraq and Afghanistan. specific legislation to encourage job- with the dignity and respect they de- f creating investment, and to com- serve. Our rules, regulations, and poli- pensate—at least somewhat—for the tics will apply uniformly without re- PUERTO RICO INVESTMENT PROMOTION ACT countless ways in which our political gard to sexual orientation, which is a status does damage to our people. But personal and private matter.’’ The SPEAKER pro tempore. The until that day arrives, we must be as Mr. Speaker, 18 years after this hid- Chair recognizes the gentleman from pragmatic about the present as we are eous policy was first implemented, it is Puerto Rico (Mr. PIERLUISI) for 5 min- hopeful about the future. now gone. And the thousands of sol- utes. To explain the bill, a little back- diers who were shamefully discharged Mr. PIERLUISI. Mr. Speaker, the ground is in order. Currently, nearly under Don’t Ask, Don’t Tell may apply coming months represent a defining all of the large U.S. firms that conduct for reenlistment. moment for our Nation. Responsible business in Puerto Rico are organized To the men and women whose service leaders from both political parties un- as controlled foreign corporations, and sacrifice have made us so proud, we derstand that we must come together CFCs. A CFC’s earnings are not subject say, as of yesterday: ‘‘You no longer on behalf of the American people to to any Federal taxation until they’re have to live a lie.’’ To them, we say: create jobs for millions of unemployed distributed, usually in the form of a ‘‘You no longer have to choose between workers and to put our Nation on the dividend, to its U.S. parent, a process your personhood and your patriotism.’’ path to fiscal stability. known as repatriation. CFCs in Puerto To them, who have had the courage to President Obama has transmitted the Rico and in foreign countries have lit- do right by America, we now say: American Jobs Act to Congress, and I tle incentive to repatriate because

VerDate Mar 15 2010 23:58 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.007 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6279 those earnings, once received by the ican Dream tour. Thousands of con- a great shift of wealth. However, my parent, are subject to full Federal tax- cerned Americans packed rooms across greatest concern is for the present ation. As a result, billions of dollars in this country to share their stories of economy. We need to put people back CFC earnings remain in foreign banks, hardship, unemployment, and struggle. to work. A second stimulus is needed, where they generate no Federal rev- From these stories, my colleagues in but aimed directly at the jobless. Much enue and create no American jobs. the Congressional Progressive Caucus of these funds should be given to states My legislation seeks to integrate and I wrote the Rebuild the American for immediate relief. Teachers, police, Puerto Rico companies into the U.S. Dream Jobs Framework, which out- firefighters, and many others have lost tax system. It would authorize, but not lines how we will put America back to their jobs, plus others that have to cre- require, companies that are incor- work and get our economy moving ate jobs and infrastructure on our porated in Puerto Rico and that earn again. I wanted to take some time roads. Also, those unemployed should at least 50 percent of their income on today to share some of the stories and be retrained to do useful work while the island to operate as domestic U.S. realities that we heard on this tour. they’re unemployed. Thank you for lis- companies. The bill would promote My first story is from Kimberly Law- tening.’’ consistency and uniformity by bringing rence from my State of Arizona. She The American people are demanding the treatment of an electing Puerto says, ‘‘I waited more than 30 years to we do something to get America back Rico company in line with the current finally receive a modest inheritance to work. These were just three of the treatment of a Puerto Rico individual from my grandmother’s property. I stories we heard. I hope that we lis- under section 933 of the Internal Rev- used the money to make improvements tened, and I hope that all of Congress enue Code. on my home that my husband and I listened. The urgency is jobs. The de- Specifically, an electing company were buying, and to open my own mand from the American people is jobs. would be subject to Federal taxation childcare business. It happened that And our responsibility is to provide the on its worldwide income, except on the the year I opened is the same year the American people with the opportuni- income it earns in Puerto Rico. Be- economy failed. I struggled to hold on, ties of employment and a secure fu- cause it is a domestic rather than a but when the new Governor of Arizona ture. foreign firm, the Puerto Rico corpora- stripped away childcare subsidies and f tion could distribute its earnings to its at the same time raised licensing fees THE PALESTINIAN AUTHORITY U.S. parent in the form of a dividend by 200 percent, I lost nearly all of my AND ISRAEL under section 243 of the Tax Code, clientele. The SPEAKER pro tempore. The which allows the parent to deduct a ‘‘I lived in a town that relied on hos- Chair recognizes the gentleman from substantial amount of a dividend, de- pitality jobs, which, coupled with all Georgia (Mr. AUSTIN SCOTT) for 5 min- pending on the parent’s ownership else, crippled the local economy and utes. stake in the subsidiary. Therefore, forced me out of business. My husband Mr. AUSTIN SCOTT of Georgia. Mr. profits that were previously kept out- was laid off from his cabinet-maker Speaker, I rise today to urge President side of the United States are now more job. And now, after struggling, our Obama to take a strong stance against likely to be brought back into this home is in foreclosure and set for auc- the Palestinian Authority’s efforts to country, where they may be subject to tion. Everything I hoped for had finally seek unilateral recognition for state- a reduced, but still meaningful, level of taken shape, just to be ripped away. I hood from the United Nations. taxation under section 243 and used to have since left my husband and am now Mr. Speaker, Israel is our ally, an create jobs in America. searching for a job in California. I have ally that has proven, time and again, a Moreover, as I already noted, under been applying and sending resumes for devotion to freedom, democracy, peace, this legislation, electing corporations 6 months now and have had only two and economic stability. Indeed, Mr. that have income derived from sources interviews. I am 50 years old, sleeping Speaker, Israel is our greatest ally in outside Puerto Rico—whether in the on my sister’s couch, with nothing to the turbulent Middle East, and we need States or foreign countries—would be- look forward to in my retirement. I to support their efforts to resolve their come subject to Federal taxation on suppose I simply won’t have that pleas- issues with the Palestinians. The Presi- that income. This will generate addi- ure.’’ dent must show that America is reso- tional revenue for the U.S. Treasury, The next story comes from Bhisma lute in support of Israel and that he is since CFCs with non-Puerto Rico- Ramdass of Florida: determined that we find real solutions source income currently pay no Fed- ‘‘I live in Palm Beach County. I work for peace in the Middle East. eral tax on that income. for the largest hospital corporation in Mr. Speaker, solutions between Israel I hope my colleagues will support the world. I also had another job to and the Palestinians will come through this bill. make ends meet. good-faith negotiations and coopera- This legislation is a substantial improvement b 1040 tion. Solutions and peace come over earlier proposals put forward by leaders through both sides sitting at the table in Puerto Rico with the goal of encouraging ‘‘I had a daughter that was born pre- with equal determination to reach an job-creating investment on the Island. Those mature. The economy got bad. I lost agreement. proposals were carefully considered by the money from the other job. Took time I hope that the President realizes all Federal Government and were met with resist- off to care for my wife and baby. Un- of this, and that he will show Amer- ance, even by Members of Congress and able to make full payments to Chase ica’s support for Israel and be a strong other Federal officials sensitive to Puerto for the mortgage, they eventually fore- voice for peace reached through nego- Rico’s unique circumstances. The primary closed my home. My wife and three tiations and partnership. The President shortcoming of those proposals is that they girls moved out. Chase got money from should make clear to the Palestinian sought benefits without burdens. My legisla- the Federal Government for my house, Authority that the way to a bright and tion, by contrast, is balanced. It would benefit and they got my house. Do I owe them stable future for the Palestinian people both Puerto Rico and our Nation. I hope my money if they sell my house for less will be through talking to Israel, not colleagues on both sides of the aisle will sup- than I owe? Is that fair? I have worked unilaterally seeking statehood through port it. hard since I was 15 years old. I have the U.N. f provided for my family and gladly pay I urge all of my colleagues in this my taxes. Is that fair?’’ House and the Members of the Senate REBUILD THE AMERICAN DREAM The final story is also from Arizona, to join me in this call. JOBS FRAMEWORK Thom Reiser: f The SPEAKER pro tempore. The ‘‘I’m retired and moderately well off Chair recognizes the gentleman from financially. I’ve been doing a great deal RECESS Arizona (Mr. GRIJALVA) for 5 minutes. of research on the economy and the The SPEAKER pro tempore. Pursu- Mr. GRIJALVA. Mr. Speaker, this history of these United States. I be- ant to clause 12(a) of rule I, the Chair summer I took part in the Speak Out lieve the middle class has suffered very declares the House in recess until noon for Good Jobs Now! Rebuild the Amer- much in the past 30 years. There’s been today.

VerDate Mar 15 2010 23:58 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.008 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6280 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Accordingly (at 10 o’clock and 43 For the past 9 years, Reverend tigate the homicide, as it should. But minutes a.m.), the House stood in re- Wright has served as the minister of why is our government silent about cess until noon. the First Parish Unitarian Universalist finding who is responsible for killing f Church in Northborough, Massachu- David Hartley and other Americans setts. During this time, Reverend murdered in lawless Mexico? 1200 b Wright has played an integral role in On Monday, at a border forum I held AFTER RECESS our community, engaging her parish- in Brownsville, Texas, Tiffany Hartley The recess having expired, the House ioners and encouraging their support said: ‘‘The men who murdered David was called to order by the Speaker at for vital safety net programs in central are right across the river. They aren’t noon. Massachusetts. in Afghanistan; they aren’t in Iraq. Under her leadership, the First Par- They’re in our own backyard.’’ f ish has directly supported many social The United States hunts down terror- PRAYER action programs, including the Com- ists around the globe. It’s time we hold Reverend Judith Wright, First Parish munity Meals Program and Habitat for Mexico accountable for finding the Unitarian Universalist Church, Humanity. As we continue to emerge narcoterrorists in their country who Northborough, Massachusetts, offered from a damaging recession, it is more murder Americans. the following prayer: important than ever to encourage sup- And that’s just the way it is. We gather this afternoon, a rich tap- port for these organizations that assist f estry of faith woven together by di- our neighbors by helping to provide THE END OF DON’T ASK, DON’T verse religious and spiritual beliefs. food for those who are hungry and shel- TELL ter for those who are homeless. In the midst of this theological diver- (Ms. TSONGAS asked and was given Reverend Wright’s dedication to as- sity, may we choose acceptance and permission to address the House for 1 sisting the most vulnerable members of love towards one another and strive to minute.) live harmoniously and respectfully our community is laudable, and I am Ms. TSONGAS. Mr. Speaker, yester- with all people of our great country deeply inspired by her work to better day marked the end of the military’s and all living beings on our fragile, the lives of the people of central Mas- Don’t Ask, Don’t Tell policy. For 18 cherished planet. sachusetts. years, it forced thousands of service- May that which guides us towards It is one of Reverend Wright’s parish- men and -women from our Armed the highest within ourselves lead us on ioners, Stephanie Sullivan, who first Forces and discouraged countless other this precious day, as well as every day approached my office about the possi- patriotic Americans from enlisting. of our lives, to embrace compassion, bility of Reverend Wright serving as The policy weakened our military by love, and equity in all relations. the guest chaplain. Stephanie’s pro- removing highly skilled, trained, and May we respect the inherent worth found respect and admiration for the capable servicemembers from the and dignity of every person and grasp work of Reverend Wright motivated me ranks at a time when we were sending our profound interconnectedness with to nominate her to serve as our guest our men and women in uniform on mul- all. chaplain today. tiple deployments to fight two wars. May we ceaselessly help those who I ask my colleagues to join me in Today, our country is stronger be- suffer, for as they suffer, so do we. welcoming Reverend Wright to the cause we all benefit from a military May people everywhere live in peace Chamber and in celebrating her life- that takes advantage of all the talents with each other and all living creatures time of service. our Nation has to offer. without disturbing one another. f This policy ended because of the In the name of all that is holy. work of many, including my prede- Amen. MESSAGE FROM THE PRESIDENT cessor, Congressman Marty Meehan, f A message in writing from the Presi- who introduced the first bill in the dent of the United States was commu- House of Representatives to repeal this THE JOURNAL nicated to the House by Mr. Pate, one policy. The SPEAKER. The Chair has exam- of his secretaries. Our servicemen and -women are, first ined the Journal of the last day’s pro- f and foremost, Americans protecting ceedings and announces to the House freedom throughout the world. Today, his approval thereof. ANNOUNCEMENT BY THE SPEAKER at last, all these brave people no longer Pursuant to clause 1, rule I, the Jour- PRO TEMPORE have to hide who they are in order to nal stands approved. The SPEAKER pro tempore (Mr. serve their country. f WESTMORELAND). The Chair will enter- f PLEDGE OF ALLEGIANCE tain up to 15 further requests for 1- THE UNITED NATIONS AND minute speeches on each side of the The SPEAKER. Will the gentleman ISRAEL aisle. from Massachusetts (Mr. MCGOVERN) (Mr. MCKINLEY asked and was given come forward and lead the House in the f permission to address the House for 1 Pledge of Allegiance. ONE YEAR LATER, PIRATES ON minute.) Mr. MCGOVERN led the Pledge of Al- THE LAKE NOT PROSECUTED Mr. MCKINLEY. Mr. Speaker, Israel legiance as follows: is America’s best and only reliable ally (Mr. POE of Texas asked and was I pledge allegiance to the Flag of the in the Middle East. Now the national United States of America, and to the Repub- given permission to address the House security of Israel is being threatened lic for which it stands, one nation under God, for 1 minute.) by the Palestinians’ rejection of the indivisible, with liberty and justice for all. Mr. POE of Texas. Mr. Speaker, it’s Oslo Peace Accords as they seek rec- f been almost a year since David Hartley ognition directly from the United Na- was gunned down by Zeta pirates on WELCOMING REVEREND JUDITH tions. Falcon Lake in Texas. The Hartley America stands firmly with Israel WRIGHT family still has no suspect, no body, and believes that peace in the Middle The SPEAKER. Without objection, and no justice. David’s wife, Tiffany, East can only be achieved through a the gentleman from Massachusetts can’t get any answers from our govern- negotiated solution. (Mr. MCGOVERN) is recognized for 1 ment since it apparently has aban- I call on the Palestinian Authority to minute. doned the investigation of her hus- make peace with the democracy of There was no objection. band’s murder, so she has actually sued Israel and the free world and to reject Mr. MCGOVERN. Mr. Speaker, I rise the government to get information. the terrorists of Hamas. in honor of Reverend Judith E. Wright, When ICE Agent Jaime Zapata was Prime Minister Netanyahu should be who is serving as the House guest chap- murdered in Mexico, the United States applauded for his efforts to restart di- lain today. quickly pressured Mexico to inves- rect, one-on-one negotiations with

VerDate Mar 15 2010 23:58 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.010 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6281 President Abbas without the influence my colleagues to reject the administra- REPEAL OF DON’T ASK, DON’T of outside organizations. tion’s tax hikes on job creators. TELL Today, President Abbas should aban- (Mr. CICILLINE asked and was given don Palestine’s push for a vote on f permission to address the House for 1 statehood and reengage with Israel to minute.) forge a lasting peace accord. DON’T ASK, DON’T TELL REPEAL Mr. CICILLINE. Mr. Speaker, I rise f (Mr. INSLEE asked and was given today to recognize the end of a shame- REPEAL OF DON’T ASK, DON’T permission to address the House for 1 ful and discriminatory policy, the pol- TELL minute and to revise and extend his re- icy of Don’t Ask, Don’t Tell, and to honor our brave military men and (Mr. QUIGLEY asked and was given marks.) Mr. INSLEE. Mr. Speaker, I want to women who have served under it for al- permission to address the House for 1 most two decades. minute.) note that the sun indeed came up in America today even after we’ve al- As Thomas Jefferson wrote in our Mr. QUIGLEY. Mr. Speaker, I stand Declaration of Independence, ‘‘Our before you today under the dome of our lowed people who are gay and lesbian to serve in our military. country was conceived on the promise Nation’s Capitol to applaud the final that all men are created equal, that repeal of the discriminatory policy We had a discussion for about 18 years, and now we have finally taken a they are endowed by their Creator with known as Don’t Ask, Don’t Tell. certain unalienable rights, that among The men and women who fight for step forward to liberty and freedom and equality again as we have so many these are life, liberty, and the pursuit our country as members of our Armed of happiness.’’ Forces fight for what’s right, what’s times in American history. Now we need to make sure that those Through nearly two-and-a-half cen- fair, and what’s just. They fight with- turies, these words have guided our Na- out asking at what cost, without ask- new families that are serving in the military get their benefits like every- tion and made our society even more ing why and how long they must en- free. Repealing Don’t Ask, Don’t Tell is dure. one else, and that’s the next thing we need to work on. one more step towards full equality, This September 11 marked 10 years but there is still so much work to be Then we have to realize that the day since that fateful day when our coun- done. will come when we recognize full mar- try was attacked. As I returned home Regrettably, because of the Defense riage equality in this great country as from Chicago, boarded my plane and of Marriage Act, servicemembers will another step forward just like we had landed safely in Washington, I mar- continue to face disparities for family yesterday. And when that great day veled at the dome that still sat, un- programs and benefits even though comes, the sun will come up in the touched by those who would do us they’ve made the same sacrifices as morning in America because we were harm, because of those who had no their fellow members of the armed continuing our quest to be a more just, fear, those who gave their last full services. This is not right. Let us be more equal society. measure of devotion. guided by the words of Thomas Jeffer- And today, I’m emboldened further son and provide these men and women f by the fact that these same soldiers with the benefits they’ve earned in who have continued to fight and die for service to our country. our safety can now do so without hav- NEW TAXES WILL NOT CREATE I commend President Obama for ing to hide who they are or who they NEW JOBS bringing an end to this divisive policy love. Our soldiers fight for what’s (Mr. WILSON of South Carolina and the senior members of our Nation’s right, what’s fair, and what’s just. Fi- asked and was given permission to ad- military who have begun to implement nally, we have managed to provide the dress the House for 1 minute and to re- the change, and congratulate my col- same to them. vise and extend his remarks.) leagues here in Congress. f Mr. WILSON of South Carolina. Mr. I’m proud to honor the service of all of our men and women in uniform who b 1210 Speaker, raising taxes on hardworking American families in this economy will serve in harm’s way and to mark the NO NEW TAXES not create new jobs. The President al- end of Don’t Ask, Don’t Tell. (Mr. BUCHANAN asked and was ready explained that raising taxes in a f given permission to address the House down economy does not make sense. for 1 minute.) Washington’s financial problems are TRIBUTE TO CHIEF WARRANT Mr. BUCHANAN. Mr. Speaker, the not caused by a shortage of revenue. OFFICER 4 DAVID R. CARTER President’s plans to raise taxes on Washington’s financial problems are a (Mr. COFFMAN of Colorado asked small business across America will direct result of skyrocketing wasteful and was given permission to address hurt the economy and kill jobs. Small spending such as $16 muffins for the the House for 1 minute and to revise business creates 70 percent of the jobs DOJ. Promises like the failed stimulus and extend his remarks.) in America. Unemployment is 9 percent bill have been revealed as empty slo- Mr. COFFMAN of Colorado. Mr. in the country and even higher in my gans, failing the promise of holding un- Speaker, today I rise to honor a soldier State of Florida. employment below 8 percent. Twenty- who made the ultimate sacrifice and The threat of a double-dip recession five million Americans are still seek- laid down his life for our freedom, is greater than ever. The last thing we ing full-time jobs. United States Army Chief Warrant Of- should be doing is raising taxes on job The best way to promote jobs is to ficer 4 David R. Carter. creators. offer solutions focused on getting Chief Warrant Officer Carter dedi- The White House claims the $1.6 tril- Americans back to work. Providing cated himself to over 24 years of mili- lion tax increase won’t affect small certainty with regard to tax reform tary service. As a member of the Colo- businesses and jobs. But as someone while easing the burden of unnecessary rado Army National Guard, he de- that’s been in business 30 years and regulations will enable job creators to ployed to Afghanistan last summer. On created thousands of jobs, they’re hire once again. August 6, 2011, he was piloting a CH–47 wrong. House Republicans have sought to helicopter on a mission to reinforce a Millions of small businesses file their achieve this goal by passing legislation unit under attack in Wardak Province. individual taxes through an individual aimed at cutting redtape involved with On that tragic day, he was one of 30 tax code, and that means that their running small businesses. Reforms are Americans lost when their helicopter taxes will go up. In fact, 48 percent of being blocked by liberals with the was brought down by enemy fire. small business income will face higher threat of a Presidential veto. Dave Carter was regarded as one of tax rates under the President’s plan. In conclusion, God bless our troops, the most highly trained aviators in We need to enact pro-growth policies and we will never forget September the Colorado, with multiple combat de- that create jobs, not kill them. I urge 11th in the global war on terrorism. ployments and over 4,000 flight hours.

VerDate Mar 15 2010 23:58 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.016 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6282 CONGRESSIONAL RECORD — HOUSE September 21, 2011 He is also remembered for the tre- forts, but also to the security of the Throughout the years, the Kansas mendous impact he had on his family, State of Israel. School for the Deaf has been noted for friends, and community. Friends recall It’s also important to note that the its academic excellence in pre-college that he was never too busy to help out action coincides with a period of ex- preparation and its career and transi- with a problem. treme volatility between Israel and tion program, leading to job placement Chief Warrant Officer David Carter their Middle Eastern neighbors. Israel’s upon graduation. personifies the honor and selflessness alliance with Turkey has continued to Along the way, the school has had of service as a citizen soldier. His brav- unravel over the past year, and its many exciting moments, including al- ery and dedication to duty will not be peace agreement with Egypt is in jeop- most being destroyed in Quantrill’s in- forgotten. ardy. famous sacking of Lawrence, Kansas, As a Marine Corps combat veteran, The Palestinian Authority’s move to and even boasts of beating the Univer- my deepest sympathies go out to his circumvent direct talks with Israel sity of Kansas baseball team twice, in family, his fellow soldiers, and all who will undermine Israel’s right to exist. I 1897 and 1900. knew him. call for President Abbas to withdraw As the oldest educational institution f his request for a U.N. vote and instead in the State of Kansas, the Kansas finally agree to sit down at the negoti- School for the Deaf continues to pro- REPEAL OF DON’T ASK, DON’T ating table with the U.S. and Israel to vide a world-class education to young TELL develop a mutual, legitimate solution. students, and I am proud in the United (Mr. HIGGINS asked and was given f States Congress to represent the school permission to address the House for 1 and its many families and students. REPEAL OF DON’T ASK, DON’T minute.) f Mr. HIGGINS. Mr. Speaker, I’m TELL proud to come before this body today (Mr. PETERS asked and was given CELEBRATING HISPANIC to celebrate the end of the discrimina- permission to address the House for 1 HERITAGE MONTH tory Don’t Ask, Don’t Tell policy. minute.) (Ms. ROYBAL-ALLARD asked and For too long, American service men Mr. PETERS. As a former lieutenant was given permission to address the and women selflessly fought to protect commander in the United States Navy House for 1 minute.) our freedoms without receiving the Reserve, I rise to applaud the repeal of Ms. ROYBAL-ALLARD. Mr. Speaker, same freedoms and protections in re- the discriminatory Don’t Ask, Don’t September is the month in which we turn. Under this flawed policy, we dis- Tell policy. celebrate the many contributions missed 14,000 patriots from our forces, This backward policy has turned Latinos have made and continue to and we turned away countless more away over 14,000 able-bodied men and make to our great country. Americans who simply wanted to vol- women from our military while our Na- Hispanic Americans are our teachers, unteer to defend the country that we tion is fighting two wars. It wasted religious leaders, doctors, lawyers, share. over $1.3 billion taxpayer dollars health care providers, astronauts, sci- Today our Nation shows the world through investigations, legal pro- entists, small business owners, and en- that we can rise above prejudice and ceedings, and wasted training for fight- trepreneurs. They are local and na- fear and take a long overdue step to- er pilots, mechanics, medics, and even tional officials providing leadership in wards protecting our servicemembers Arabic translators. the face of unprecedented challenges and reducing discrimination in Amer- I am proud to have fought for this both at home and abroad. ica. necessary change and feel privileged to But perhaps our greatest pride comes But I am sad to say that this week- have been able to cast my vote to make from our impressive record of service end, we received a terrible reminder this misguided policy a relic of the to this country. When grave threats that our work is not done. A 14-year- past. Our military can now recruit and imperil America’s freedom, Latinos an- old boy from my community who was train qualified patriotic and coura- swer the call. This is highlighted by teased by his classmates about his sex- geous Americans who want to serve our the fact that Latino servicemen and ual orientation took his own life. This country regardless of their sexual ori- -women have earned more medals and heartbreaking tragedy was needless entation. commendations per combatant than and should be a reminder to all of us During my service in the United any other ethnic group. that there are many more like Jamey States Navy Reserve, I served with As we celebrate the contributions Rodemeyer who are made by some to many dedicated men and women who Latinos have made to our country, let believe that it’s not okay to be who were always ready to serve their coun- us not forget our future. The stories of they are. try. I was never concerned about their our Nation’s Latino trailblazers serve Mr. Speaker, I am proud of how far sexual orientation. Implementation of as an inspiration to young Latinos; but we’ve come, but I know that there re- repeal marks not just an increase in like all American children, they must mains a long road ahead of us. I am military readiness but a significant have the opportunity to develop their committed to continuing this fight for step forward for civil rights and equal- talents and reach their full potential to full equality for all Americans and im- ity. keep our country great. plore my colleagues to do the same. f I look forward to working with my f b 1220 colleagues to ensure all of America’s children are prepared to lead. Only ‘‘NO’’ VOTE NEEDED BY U.N. RECOGNIZING THE HISTORY AND then can America realize its promise in (Mr. ROONEY asked and was given ACCOMPLISHMENTS OF THE the 21st century. KANSAS SCHOOL FOR THE DEAF permission to address the House for 1 f minute.) (Mr. YODER asked and was given Mr. ROONEY. Mr. Speaker, on Fri- permission to address the House for 1 THE OFFICIAL REPEAL OF ‘‘DON’T day, Palestinian Authority President minute and to revise and extend his re- ASK, DON’T TELL’’ Abbas plans to seek recognition of a marks.) (Mr. HONDA asked and was given Palestinian state before the United Na- Mr. YODER. Mr. Speaker, I rise permission to address the House for 1 tions. A vote in the U.N. will bypass bi- today to recognize the history and ac- minute.) lateral peace negotiations between complishments of the Kansas School Mr. HONDA. Mr. Speaker, I rise Israel and the P.A. and will threaten for the Deaf as we prepare to celebrate today in support of the historic, offi- the success of a mutual solution. the school’s sesquicentennial this cial repeal of Don’t Ask, Don’t Tell. Leaders in the United States, Israel, week. It was 150 years ago that Philip Today, nearly two decades after its en- and the P.A. have long worked toward A. Emery began teaching deaf students actment, our lesbian, gay, and bisexual a mutual solution, and the P.A., seek- in a small two-room schoolhouse in servicemembers can finally serve and ing unilateral recognition from the Baldwin City, Kansas, using the tech- defend the country they love without U.N. is not only harmful to these ef- niques of Thomas Hopkins Gallaudet. the fear of being discharged. Never

VerDate Mar 15 2010 23:58 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.018 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6283 again will members of our military be more perfect Union. With this progress, the United States Postal Service who forced to serve in the shadows, to lie our country’s military can now become are facing a very devastating future about their identities, or to be afraid a shining example of equality—an ex- without our action. If Congress doesn’t to talk about the people they love. ample to be followed by all sectors of act now, we could potentially lose Let us remember the 14,000 loyal our society. 120,000 jobs, imagine that, that are in servicemembers who were discharged Just as important, this change will jeopardy today. under this discriminatory policy over make our Armed Forces stronger. The United States Postal Service of- the years; for now they can serve Young Americans who had previously fers a very affordable system, but right alongside their military friends and been deterred from joining our mili- now they are in jeopardy. Why? Be- family with dignity and honor. Let us tary will now step forward, enlist, and cause back in 2006, they were, I would also remember those individuals who serve the country they love. Many for- say, in a discriminating way, required served in silence and sacrificed their merly discharged servicemembers will to pay $5.5 billion in overcharge into lives so that we, as Americans, could reenter the armed services to serve benefits that are not incurred at this live freely. alongside friends and family. Ulti- time. Based on long-term projections, As vice-chair of the LGBT Caucus in mately, our military will benefit from they have an estimated surplus—imag- Congress, I see the repeal of Don’t Ask, a broader and deeper pool of talent. ine that in this time—of $55 billion to Don’t Tell as another step towards en- Now, as we move forward in fully im- $75 billion. Without this mandate, the suring that all citizens, both inside and plementing this change, we must en- USPS would actually have a $611 mil- outside of the military, are never sub- sure that same-sex families receive the lion benefit that could help out in this ject to discrimination on the basis of same benefits as other military cou- tough economy. sexual orientation. Today signifies a ples. Mr. Speaker, there are 685,000 work- crucial milestone in history and is a Mr. Speaker, although our work con- ers who are not at fault for this re- victory, not just for the LGBTQ com- tinues, today we are one step closer to quirement, and this $5 billion require- munity, but for America as a whole. the ideal that we are all created equal. ment needs to stop now so our postal f f service can continue. f IN CELEBRATION OF HISPANIC ‘‘DON’T ASK, DON’T TELL’’ IS HERITAGE MONTH HISTORY THE GREATEST HITTER WHO EVER LIVED (Mr. COSTA asked and was given per- (Mr. MORAN asked and was given mission to address the House for 1 permission to address the House for 1 (Mr. STEARNS asked and was given minute and to revise and extend his re- minute.) permission to address the House for 1 marks.) Mr. MORAN. Mr. Speaker, last year, minute and to revise and extend his re- Mr. COSTA. Mr. Speaker, September I read on the House floor a letter from marks.) is Hispanic Heritage Month, and we an active duty servicemember in Af- Mr. STEARNS. Mr. Speaker, I rise celebrate as members of the Hispanic ghanistan. He shared how he and his today to honor Ted Williams, the last community the contributions that partner of 10 years had managed the baseball player to hit .400 or better for have been made to the United States hardship that comes along with three a season, a feat he accomplished 70 throughout our history. deployments to Iraq and Afghanistan. years ago this very month, September The story of Hispanic Americans is Despite their shared sacrifices, his 1941, which has never been equaled. Ted truly the American story. Our dream is partner received no support from the wasn’t just a remarkable baseball play- the American Dream. In America, if military and would not be officially in- er; he was a remarkable American who you work hard, play by the rules and formed of his death. also served his country as a Marine dream big, there is no limit to what While serving on active duty, he be- Corps pilot in World War II and the Ko- you can achieve. came aware of a number of other sol- rean War. Succeeding in all walks of life and diers who were gay. In one case, it was Ted Williams once said: ‘‘A man has serving as patriots in the American only after a friend died of wounds from to have goals—for a day, for a life- Armed Forces, Hispanics have enriched an IED, and he received a letter from time—and that was mine, to have peo- in so many different ways our way of the deceased soldier’s partner, express- ple say, ‘There goes Ted Williams, the life. Their advances in universities ing how much he had loved the Army. greatest hitter who ever lived.’ ’’ from their knowledge and talent have Of course, this letter had to be sent Not only did he have a goal, but he continued to play a vibrant role as we anonymously because, until yesterday, also harnessed the determination and strengthen the fabric of America. His- its very existence could have led to the hard work necessary to succeed. Today panic Americans’ commitment to soldier’s discharge. I honor a man who was a friend, a con- faith, family, hard work, and persever- The indignity of concealing who you stituent and a great American on the ance adds to that rich diversity and vi- are and who you love in order to pro- anniversary of his greatest achieve- brancy. It makes our country a melt- tect your country has ended. No longer ment. He will always be remembered as ing pot like no other place in the will we subject the brave men and baseball’s greatest hitter. world. women who volunteer to serve our Na- f Today and every day, we should take tion to a shameful vow of silence, ask- OFFICIAL REPEAL OF DON’T ASK, time to note and to celebrate the won- ing them to lie about themselves. This DON’T TELL derful contributions of the Hispanic policy was wrong; and now it’s history, (Ms. LEE asked and was given per- community in the San Joaquin Valley and our Nation and our military are mission to address the House for 1 and across America. stronger as a result. minute.) f To all who serve our Nation in uni- Ms. LEE. Mr. Speaker, today, I would form, we are so proud of each and every ‘‘DON’T ASK, DON’T TELL’’ IS like to thank my colleagues in the one of you. FINALLY NO MORE LGBT Equality Caucus, Leader PELOSI, (Ms. VELA´ ZQUEZ asked and was f Congresswoman BALDWIN, Congressman given permission to address the House b 1230 FRANK, everyone today as we celebrate for 1 minute.) the end of a discriminatory era against Ms. VELA´ ZQUEZ. Mr. Speaker, two SUPPORTING WORKERS OF THE gay and lesbian servicemembers in decades after its enactment, ‘‘Don’t USPS America with the official repeal of Ask, Don’t Tell’’ is finally no more. At (Ms. RICHARDSON asked and was Don’t Ask, Don’t Tell. last, gay men and women can now given permission to address the House For too long, this failed policy un- openly serve in our military without for 1 minute and to revise and extend fairly denied fundamental human having to hide who they are. her remarks.) rights to highly qualified individuals Eliminating this practice is a his- Ms. RICHARDSON. Mr. Speaker, I who wish to serve our country. As a toric step forward in our pursuit of a rise in support of the 685,000 workers of vice-chair of the congressional LGBT

VerDate Mar 15 2010 23:58 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.020 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6284 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Equality Caucus, I am pleased that the tional emergency unless, prior to the SECTION 1. USE OF EMANCIPATION HALL FOR tireless work of our congressional col- anniversary date of its declaration, the EVENT TO AWARD THE CONGRES- SIONAL GOLD MEDAL. leagues, the administration, and the President publishes in the Federal Reg- (a) AUTHORIZATION.—Emancipation Hall in LGBT community resulted in the end ister and transmits to the Congress a the Capitol Visitor Center is authorized to be of Don’t Ask, Don’t Tell. notice stating that the emergency is to used for an event on November 2, 2011, to Although this is a remarkable step continue in effect beyond the anniver- award the Congressional Gold Medal, collec- forward, we still have a long way to go sary date. In accordance with this pro- tively, to the 100th Infantry Battalion, 442nd to attain full equality. Lesbian, gay, vision, I have sent to the Federal Reg- Regimental Combat Team, and the Military Intelligence Service, United States Army, in bisexual, and transgendered people ister for publication the enclosed no- recognition of their dedicated service during continue to be targets of discrimina- tice, stating that the national emer- World War II. tion in our policies, our laws, and our gency with respect to persons who (b) PREPARATIONS.—Physical preparations society. I have always said that dis- commit, threaten to commit, or sup- for the conduct of the event described in sub- crimination is un-American, and we as port terrorism is to continue in effect section (a) shall be carried out in accordance a Nation must continue to fight for beyond September 23, 2011. with such conditions as may be prescribed by the Architect of the Capitol. policies that bring us closer to ful- The crisis constituted by the grave filling the principles we espouse. acts of terrorism and threats of ter- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from I encourage all of us to stay com- rorism committed by foreign terror- Mississippi (Mr. HARPER) and the gen- mitted to ensuring that sexual orienta- ists, including the terrorist attacks on tleman from Pennsylvania (Mr. BRADY) tion and gender identity are no longer September 11, 2001, in New York and each will control 20 minutes. a cause for inequality. Pennsylvania and against the Pen- The Chair recognizes the gentleman f tagon, and the continuing and imme- from Mississippi. diate threat of further attacks on GENERAL LEAVE HONORING LATINOS IN THE United States nationals or the United MILITARY Mr. HARPER. Mr. Speaker, I ask States that led to the declaration of a unanimous consent that all Members (Ms. LORETTA SANCHEZ of Cali- national emergency on September 23, have 5 legislative days to revise and ex- fornia asked and was given permission 2001, has not been resolved. These ac- tend their remarks. to address the House for 1 minute and tions pose a continuing unusual and ex- The SPEAKER pro tempore. Is there to revise and extend her remarks.) traordinary threat to the national se- objection to the request of the gen- Ms. LORETTA SANCHEZ of Cali- curity, foreign policy, and economy of tleman from Mississippi? fornia. Mr. Speaker, this week I intro- the United States. For these reasons, I There was no objection. duced House Resolution 404, a resolu- have determined that it is necessary to Mr. HARPER. I yield myself such tion honoring Latinos in the military; continue the national emergency de- time as I may consume. and I rise today to recognize all the clared with respect to persons who Mr. Speaker, this resolution honors great contributions and service that commit, threaten to commit, or sup- those brave and courageous Japanese Latinos have given to this country. port terrorism, and maintain in force Americans who served in the U.S. In fact, Latinos have fought in every the comprehensive sanctions to re- Army’s 100th Infantry Battalion and United States military conflict that we spond to this threat. 442nd Regimental Combat Team, as have had, and today nearly 163,000 BARACK OBAMA. well as those who served in the indis- Latinos—and Latinas—serve in the reg- THE WHITE HOUSE, September 21, 2011. pensable Military Intelligence Service. The 100th Infantry Battalion fought ular components of the Armed Forces. f The contributions and sacrifices that valiantly in the treacherous Italian they make to defend our Nation are ANNOUNCEMENT BY THE SPEAKER campaign, earning their nickname the often overlooked. So I encourage the PRO TEMPORE Purple Heart Battalion because of their Secretary of Defense to increase pro- bravery and sacrifice. The SPEAKER pro tempore. Pursu- The 442nd Regimental Combat Team motion opportunities for Latinos in the ant to clause 8 of rule XX, the Chair was formed in 1943 from Japanese Armed Forces. will postpone further proceedings Americans living in relocation camps. It’s my firm belief that the military today on motions to suspend the rules A week after D-day, the 100th Bat- should invest in outreach to minority on which a recorded vote or the yeas talion and the 442nd were merged into communities and to work to mitigate and nays are ordered, or on which the a single unit, which fought heroically the barriers that hinder more Latinos vote incurs objection under clause 6 of in Europe, as seen in their rescue of the from advancing up the career ladder in rule XX. famous ‘‘Lost Battalion’’ in France our Armed Forces, because our Armed Record votes on postponed questions near the German border. Forces need Latinos. Latinos, like all will be taken later. those who serve, continue to sacrifice b 1240 f their lives daily in Operation Iraqi These Japanese American units suf- Freedom and Operation New Dawn. We AUTHORIZING USE OF EMANCI- fered enormously high casualty rates have lost lives of Latinos also, 539. PATION HALL TO AWARD CON- and received over 18,000 individual I salute the dedication of our Latino GRESSIONAL GOLD MEDAL decorations, including 9,486 Purple Hearts. For their service in eight major servicemembers. Mr. HARPER. Mr. Speaker, I move to campaigns in Italy and France, the f suspend the rules and concur in the 100th Infantry Battalion and the 442nd CONTINUATION OF NATIONAL concurrent resolution (S. Con. Res. 28) Regimental Combat Team earned eight EMERGENCY WITH RESPECT TO authorizing the use of Emancipation Presidential Unit Citations. TERRORISM—MESSAGE FROM Hall in the Capitol Visitor Center for Members of the Military Intelligence THE PRESIDENT OF THE UNITED an event to award the Congressional Service were Japanese Americans who STATES (H. DOC. NO. 112–57) Gold Medal, collectively, to the 100th served this country by intercepting Infantry Battalion, 442nd Regimental The SPEAKER pro tempore laid be- radio messages, translating documents, Combat Team, and the Military Intel- writing leaflets encouraging opposing fore the House the following message ligence Service, United States Army, from the President of the United troops to surrender, and helping our in recognition of their dedicated serv- forces understand the enemy we were States; which was read and, together ice during World War II. with the accompanying papers, referred fighting. In fact, according to General The Clerk read the title of the con- MacArthur’s intelligence officer, to the Committee on Foreign Affairs current resolution. and ordered to be printed: Charles Willoughby, the efforts of the The text of the concurrent resolution Military Intelligence Service ‘‘short- To the Congress of the United States: is as follows: ened the war by 2 years.’’ Section 202(d) of the National Emer- S. CON. RES. 28 Mr. Speaker, Second Lieutenant gencies Act (50 U.S.C. 1622(d)) provides Resolved by the Senate (the House of Rep- DANIEL INOUYE, who received a battle- for the automatic termination of a na- resentatives concurring), field commission in November 1944, was

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.024 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6285 one of these brave men. Gravely The recognition of these Americans military, despite the fact that their wounded in April 1945, Lieutenant is overdue, and Emancipation Hall is a wives, their parents, their brothers and INOUYE received the Distinguished befitting place to bestow this award for sisters are in prison behind barbed wire Service Cross. It is fitting and proper the sacrifice and dedication that was fences in these relocation camps. that our distinguished colleague in the shown in the face of discrimination. As a result of such volunteerism, two other body sponsored this legislation, Join with me today in supporting combat units, the 100th Battalion and and I’m honored to speak in support of this concurrent resolution, and I re- the 442nd Infantry Combat Group, were it here today. serve the balance of my time. organized and immediately sent to I ask my colleagues to support this Mr. HARPER. I continue to reserve fight Nazi Germany in Europe. resolution authorizing use of Emanci- the balance of my time. In my humble opinion, history pation Hall in November for this Con- Mr. BRADY of Pennsylvania. Mr. speaks for itself in documenting that gressional Gold Medal ceremony. Speaker, I yield 5 minutes to the gen- none have shed their blood more val- HOUSE OF REPRESENTATIVES, tleman from American Samoa (Mr. iantly for our Nation than the Japa- COMMITTEE ON HOUSE ADMINISTRATION, FALEOMAVAEGA). nese American soldiers who served in Washington, DC, September 19, 2011. (Mr. FALEOMAVAEGA asked and these two combat units. These units Hon. JOHN BOEHNER, was given permission to revise and ex- suffered an unprecedented casualty Speaker of the House, House of Representatives, tend his remarks.) rate of 314 percent. They emerged as The Capitol, Washington, DC. Mr. FALEOMAVAEGA. Mr. Speaker, the most decorated combat units of DEAR SPEAKER BOEHNER: I write to for- I want to thank the gentleman from their size in the military history of the mally notify you that the Committee on Pennsylvania for allowing me to speak House Administration hereby waives further U.S. Army. The 100th Battalion and committee consideration of S. Con. Res. 28, a on this important resolution. 442nd Infantry received over 18,000 indi- concurrent resolution authorizing the use of On behalf of our chairwoman, JUDY vidual decorations for bravery and Emancipation Hall in the Capitol Visitor CHU, and our Asian Pacific Caucus, I courage in the field of battle, many Center for an event to award the Congres- rise today in support of Senate Concur- awarded posthumously. They were sional Gold Medal, collectively, to the 100th rent Resolution 28, a resolution that awarded 53 Distinguished Service Infantry Battalion, 442nd Regimental Com- would authorize the use of Emanci- Crosses, 560 Silver Stars, 9,486 Purple bat Team, and the Military Intelligence pation Hall in the Capitol Visitor Cen- Hearts, and 7 Presidential Unit Cita- Service, United States Army, in recognition ter for an event to award the Congres- of their dedicated service during World War tions, the Nation’s top award for com- II, in order that the legislation may proceed sional Gold Medal to the 100th Infantry bat units. And yet, ironically, only one expeditiously to the House floor for consider- Battalion, 442nd Regimental Combat Medal of Honor was awarded to these ation. Team, and the Military Intelligence soldiers. Sincerely, Service in recognition of their dedi- It was not until 1999 that Congress DANIEL E. LUNGREN, cated service during World War II. I took corrective action by mandating a Chairman. want to personally thank Senator DAN- reexamination of why just one Medal of I reserve the balance of my time. IEL INOUYE for sponsoring this resolu- Honor was awarded to these Japanese Mr. BRADY of Pennsylvania. Mr. tion, and I thank also my fellow Mem- American soldiers. As a result of the Speaker, I yield myself such time as I bers of Congress and colleagues who review process, President Clinton may consume. join me in support of this important awarded 20 additional Congressional On October 5, 2010, President Obama bill. Medals of Honor to these brave Japa- signed into law S. 1055, a bill granting Mr. Speaker, as a Vietnam veteran nese American soldiers. And Senator the 100th Infantry Battalion, 442nd and also as a former member of the INOUYE was one of the recipients of the Regimental Combat Team, and the 100th Battalion, 442nd Infantry Reserve Congressional Medal of Honor. Military Intelligence Service the Con- Unit out of Honolulu, Hawaii, I am We should also note that while the gressional Gold Medal. This concurrent proud to say that we must recognize 100th Battalion and 442nd Infantry were resolution authorizes use of Emanci- Senator DANIEL INOUYE and also the fighting on the front lines, thousands pation Hall in the Capitol Visitor Cen- late Senator Spark Matsunaga, both of of Japanese Americans also joined the ter to award the Congressional Gold Hawaii, who distinguished themselves first military foreign language school, Medal to these brave service men and in battle as soldiers with the 100th Bat- the Military Intelligence Service, women in recognition of their dedi- talion and 442nd Infantry during World where they learned Japanese. cated service during World War II. War II. During the war, about 6,000 MIS The 100th Infantry Battalion, 442nd As we all know, Mr. Speaker, after agents fought in all Army units in the Regimental Combat Team, and the the surprise attack on Pearl Harbor on Pacific and were assigned to Allied Military Intelligence Service were December 7, 1941, there was such an forces in Australia, Britain, China, compromised predominately of Japa- outrage and cry for all-out war against Canada, and India. They staffed the- nese Americans during World War II. Japan, days afterwards our President ater-level intelligence centers, and At that time, many of the soldiers’ and the Congress officially declared their duties included the 442nd infan- families were subject to internment war against Japan. Out of this retalia- try. and discrimination, yet these coura- tion against Japan, however, tens of On October 5, 2010, President Obama geous Americans fought with distinc- thousands of Americans were caught in granted the Congressional Gold Medal tion and valor. the crossfire. These Americans just collectively to the 100th Infantry Bat- Collectively, the 100th Infantry Bat- happened to be of Japanese ancestry. talion, 442nd Regimental Combat talion and 442nd Regimental Combat The Federal Government imme- Team, as well as the 6,000 Japanese Team became the most highly deco- diately implemented a policy whereby Americans who served in the Military rated unit of its size and length in the over 100,000 Americans of Japanese an- Intelligence Service during World War history of the United States Army, re- cestry—men, women, and children— II. ceiving seven Presidential Unit Cita- were forced to live in what we called I believe that each one of these tions, 21 Medals of Honor, 29 Distin- relocation camps but were actually American heroes should be recognized guished Service Crosses, 560 Silver more like prison or concentration for this high honor here in the heart of Stars, 4,000 Bronze Stars, 22 Legion of camps. Their lands, their homes, their our Nation’s capital, the U.S. Capitol, Merit Medals, 15 Soldier’s Medals and properties were confiscated by the Fed- for their bravery, their patriotism, and over 4,000 Purple Hearts. eral Government without due process their selfless service. I ask my col- The contributions of Japanese Amer- of law. It was a time in our Nation’s leagues to support this resolution to icans were not limited to the front history when there was so much ha- honor these men and women who val- line. The Military Intelligence Service tred, bigotry, and racism against our iantly served our Nation. provided critical classified information fellow Americans who just happened to Mr. Speaker, on behalf of Chairwoman CHU, that was vital to the success of the be of Japanese ancestry. Despite all of the Congressional Asian Pacific American United States military in the Pacific this, Mr. Speaker, over 10,000 Japanese Caucus, Congresswoman HIRONO, Congress- theater. Americans volunteered to join the U.S. woman HANABUSA, and Congressman HONDA,

VerDate Mar 15 2010 02:24 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K21SE7.027 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6286 CONGRESSIONAL RECORD — HOUSE September 21, 2011 I rise today in support of S. Con. Res. 28, a sonal battle against two German machine gun Mr. HARPER. I continue to reserve resolution that would authorize the use of posts. For his heroism, he was awarded the the balance of my time. Emancipation Hall in the Capitol Visitor Center Distinguished Service Cross. Senator INOUYE Mr. BRADY of Pennsylvania. I yield for an event to award the Congressional Gold was also one of those recipients of the Medal 1 minute to the gentlewoman from Medal to the 100th Infantry Battalion, 442nd of Honor and I was privileged to witness this California (Mrs. NAPOLITANO). Regimental Combat Team, and the Military In- historical moment at a White House cere- Mrs. NAPOLITANO. Mr. Speaker, I telligence Service in recognition of their dedi- mony. would like to add my support to Presi- cated service during World War II. I thank Mr. Speaker, we should also note that while dent Obama’s signing into law S. 1055 Senator DANIEL INOUYE for sponsoring this res- the 100th Battalion and 442nd Infantry were on October 5 of this last year, which olution, and I thank my fellow members of fighting on the front lines, thousands of Japa- grants the 100th Infantry Battalion, Congress who join me in support of this im- nese Americans also joined the first U.S. mili- 442nd Regimental Combat Team, and portant bill. tary foreign language school, the Military Intel- the Military Intelligence Service the As a Vietnam veteran and also a former ligence Service (also known as the M.I.S.), Congressional Gold Medal and also au- member of the 100th Battalion, 442nd Infantry where they learned Japanese. thorizes the use of Emancipation Hall Reserve Unit in Honolulu, Hawaii, I am espe- During the war, about 6,000 M.I.S. agents in the Capitol Visitor Center to award cially proud to say that we must recognize fought in all Army units in the Pacific and were this medal to the brave service men Senator DANIEL INOUYE, and also highly-re- assigned to allied forces in Australia, Britain, and women in recognition of their serv- spected, the late Senator Spark Matsunaga of Canada, China, and India. They staffed the- ice during World War II, which my hus- Hawaii, who distinguished themselves in battle ater-level intelligence centers and their duties band was a participant of. as soldiers with the 100th Battalion and 442nd included translating captured documents, inter- For too long, we tended to ignore the Infantry during World War II. rogating prisoners of war, and listening to all contributions of our military men and As we all know, after the surprise attack on enemy radio communications. women simply because they don’t look Pearl Harbor on December 7, 1941, there was At Bougainville in 1942 an M.I.S. agent traditional. such an outrage and cry for an all out war translated an uncoded Japanese radio trans- b 1250 against Japan and days afterwards our Presi- mission describing Admiral Yamamoto’s in- dent and the Congress officially declared war spection schedule of the bases around the I know that in California, we did the against Japan. Out of this retaliation against Solomon Islands, thereby leading to the suc- same thing with the fishing village in Japan, however, tens of thousands of Ameri- cessful interception of Yamamoto’s aircraft. San Pedro that had been ignored. They cans were caught in the crossfire. These This victory resulted in a boost in morale for lost everything and were put into Americans just happened to be of Japanese the Allies in the Pacific since Admiral camps during the war. ancestry. Yamamoto had directed the Japanese attack On another matter, Mr. Speaker, I The Federal Government immediately imple- on Pearl Harbor. would like to take this moment to ad- mented a policy whereby over 100,000 Ameri- In 1944, the M.I.S. also translated the Japa- dress an issue that is very, very dis- cans of Japanese ancestry were forced to live nese Imperial Navy’s ‘‘Z-Plan,’’ which outlined concerting to many of us, especially in what were called relocation camps, but defense strategies in the Pacific. The trans- those in the Latino community. were actually more like prison or concentration lation of this vital document made it possible The SPEAKER pro tempore. The camps. Their lands, homes and properties for the U.S. Navy to gain victory in the Mari- time of the gentlewoman has expired. were confiscated by the Federal Government anas, the Philippines, and in other areas of Mr. BRADY of Pennsylvania. I yield without due process of law. It was a time in the Pacific. the lady 1 additional minute. our Nation’s history when there was so much At war’s end, the M.I.S. facilitated local sur- Mrs. NAPOLITANO. I thank the gen- hatred, bigotry and racism against our fellow renders of Japanese forces as well as the oc- tleman. Americans who happened to be of Japanese cupation. Working in military government, war Mental health in our Latino commu- ancestry. crimes trials, censorship, and counterintel- nity has been ignored for too long, es- Despite all this, over ten thousand Japanese ligence, these silent warriors contributed to the pecially in all minority communities Americans volunteered to join the U.S. mili- but mostly in Hispanic. It’s an issue tary, despite the fact that their wives, parents, occupation’s ultimate success. Though many would only come to know of that we need to take the stigma out of, brothers and sisters were imprisoned behind these stories decades later, these brave because we don’t want to hear it, we barbed wire fences in these relocation camps. Americans earned the respect of our Nation’s don’t want to see it, and we certainly As a result of such volunteerism, two combat don’t want to speak about it. Suicide is units, the 100th Battalion and the 442nd Infan- military leaders at a time when many Ameri- the third leading cause of death for try Combat Group, were organized and imme- cans saw them as enemies. President Harry Hispanic Americans aged 15 to 24, the diately sent to fight Nazi Germany in Europe. Truman called the Japanese Americans in the Mr. Speaker, in my humble opinion, history M.I.S. the ‘‘human secret weapon for the U.S. 13th leading cause for Hispanics of all speaks for itself in documenting that none Armed Forces’’ and General Willoughby, Mac- ages. To quote Mia St. John, three- have shed their blood more valiantly for our Arthur’s intelligence chief credited the M.I.S. time world boxing champion, Latina, Nation than the Japanese American soldiers Nisei with shortening the war by two years affected by mental illness growing up who served in these two combat units. These and saving possibly a million American lives. and a strong mental health advocate, units suffered an unprecedented casualty rate President Truman was also so moved by the ‘‘I was the first generation in my fam- of 314 percent. They also emerged as the bravery of the 100th Battalion and 442nd In- ily born in America. All I wanted to be most decorated combat unit of their size in the fantry in the field of battle, as well as that of was American. I had stress and depres- history of the United States Army. The 100th African American soldiers during World War II, sion symptoms that professionals could Battalion and 442nd Infantry received over that he issued an Executive Order to finally have recognized as anxiety or psy- 18,000 individual decorations for bravery and desegregate all branches of the Armed Serv- chosis. By the time I was 18 I was courage in the field of battle, many awarded ices. homeless and contemplating suicide.’’ posthumously. They were awarded 53 Distin- On October 5, 2010, President Barack We have H.R. 751, the Mental Health guished Service Crosses, 560 Silver Stars, Obama granted the Congressional Gold in Schools Act, onsite mental health 9,486 Purple Hearts, and 7 Presidential Unit Medal, collectively, to the 100th Infantry Bat- delivery services for our youth, which Citations, the Nation’s top award for combat talion and 442nd Regimental Combat Team as will save lives and give hope and shares units. And yet, only one Medal of Honor was well as the 6,000 Japanese Americans who the message to never be afraid or be awarded at the time. served in the Military Intelligence Service dur- ashamed to ask for help. It was not until 1999 that Congress took cor- ing World War II. I ask for support for mental health rective action by mandating a reexamination of Mr. Speaker, I believe that each one of and H.R. 751. why just one Medal of Honor was awarded to these American heroes should be recognized Mr. HARPER. I continue to reserve these Japanese Americans. As a result of this for this high honor here in the heart of our na- the balance of my time. review, President Clinton awarded 20 addi- tion—the United States Capitol—for their brav- Mr. BRADY of Pennsylvania. I now tional Congressional Medals of Honor to these ery, patriotism, and selfless service. I ask my yield 3 minutes to the gentleman from brave Japanese-American soldiers. colleagues to support this resolution to honor Washington (Mr. MCDERMOTT). It was while fighting in Europe that Senator these men and women who valiantly served Mr. MCDERMOTT. Mr. Speaker, I INOUYE lost his arm while engaged in his per- our Nation. rise as a very proud honorary member

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.010 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6287 of the Nisei vets, the group that you the use of Emancipation Hall in the U.S. Cap- concurrent resolution authorizing the use of are honoring today and in support of itol for a Medal of Honor Ceremony. Emancipation Hall in the Capitol Visitor Center this resolution. During World War II, many members of Uni- for an event to award the Congressional Gold Seattle was the site of a roundup of versity of Hawaii’s Reserve Officers Training Medal, collectively, to the 100th Infantry Bat- thousands of Americans. Ordinary Corps, ROTC, were Nisei, the American-born talion, 442nd Regimental Combat Team, and Americans, had businesses, had truck sons of Japanese immigrants. After the attack the Military Intelligence Service, United States farms, kids were going to high school on Pearl Harbor, these brave men aided the Army, in recognition of their dedicated service and were going to college. One of them, wounded, buried the fallen, and helped defend during World War II. This resolution awards a young man named William vulnerable areas in Hawaii. well deserved recognition and the honor of the Nakamura, was an 18-year-old kid at Despite their bravery and loyalty to the Congressional Gold Medal to the brave sol- Garfield High School who was rounded United States, in January of 1942 the U.S. diers who dedicated their lives to service dur- up and taken out to the middle of Army discharged all Nisei in the ROTC unit, ing World War II. Idaho to a camp out there. And then deemed them ineligible for service, and seg- Emancipation Hall, located in the Capitol the government said, if you’d like to regated all Japanese-Americans out of their Visitor Center is a fitting location for recog- come back and join the military and military units. Meanwhile, over a hundred nizing these courageous patriots; in Emanci- serve, you can. thousand Japanese-Americans were forcibly pation Hall there stands a replica of the Statue There was lots of debate among the moved from their homes to internment camps. of Freedom, the statue that sits atop the Cap- people in the camps about whether This forced ouster forever changed the lives of itol dome. The Statue of Freedom is described they should come back or not. And as these Japanese-Americans, many of whom by Thomas Crawford, its creator, as an alle- you heard, 10,000 came back and were lost their land and other property. gorical figure of freedom, ‘‘triumphant in both the most decorated unit in the history Nonetheless, members of the Hawaii Provi- war and peace.’’ Triumphant in both war and of the United States military. They sional Infantry Battalion, made up of Japa- peace. I can think of no place more appro- distinguished themselves beyond any nese-Americans, joined the 100th Infantry Bat- priate to honor the brave men of the 100th In- group that has ever served for this talion, also comprised of Japanese-Americans, fantry Battalion, 442nd Regimental Combat country. to train as soldiers. President Roosevelt ad- Team, and the Military Intelligence Service. William Nakamura took out two ma- mired their bravery and determination, and de- They chose to enter into military service, chine gun nests and was himself killed, cided to allow Nisei volunteers to serve in the made a commitment to this country and to and the courthouse in Seattle is now military again, where they were incorporated each other, fought for freedom, and were tri- named after him as a memorial to what into the 442nd Regimental Combat Team. umphant in war and peace. this country really stands for. The Jap- Members of the 100th and the 442nd risked The Congressional Gold Medal is an award anese Americans, the Nisei vets, set an their lives to fight for our country and allies in bestowed by Congress for outstanding deeds example for this country we must Europe. The 442nd ‘‘Go for Broke’’ unit was or acts of service to the security, prosperity, never forget. sent repeatedly to the front lines. The 4,000 and national interest of the United States. The As we look at our Muslim brothers, men who started in April 1943 needed to be and we sometimes can’t distinguish Congressional Gold Medal is the highest civil- replaced more than three times. The unit be- just exactly—you hear ugly talk that’s ian award. The men and women of the Armed came the most decorated in U.S. military his- reminiscent of what went on in this Forces, past and present, devote their lives to tory for its size and length of service, with the country in the early 1940s. We must the security, prosperity and national interest of never let us act again as we did against 100th Infantry Battalion earning the nickname the United States. It is a great honor and privi- these Japanese Americans. They ‘‘The Purple Heart Battalion.’’ The 100th and lege to be able to recognize the 100th Infantry proved that an American is an Amer- the 442nd received seven Presidential Unit Ci- Battalion, 442nd Regimental Combat Team, ican, no matter what his face looks tations, 21 Medals of Honor, 29 Distinguished and the Military Intelligence Service, United like or her face looks like, they are Service Crosses, 560 Silver Stars, 4,000 States Army, for their dedicated service during Americans. They deserve that respect Bronze Stars, 22 Legion of Merit Medals, 15 World War II. and they deserve the due process of Soldier’s Medals, and more than 4,000 Purple In 1944, the 100th battalion and the 442nd law. They lost all their property in Se- Hearts, among numerous additional distinc- battalion merged to fight against Germany and attle, unless they could give it to tions. One of these Medal of Honor recipients defend freedom and democracy in Europe. someone and say, would you take care is Hawaii’s own senior Senator, DANIEL K. Among the members of these battalions were of this? Some people did get it back at INOUYE, the sponsor of today’s resolution. many Hawaiians and Japanese Americans. the end because other, Caucasian The Army’s Military Intelligence Service, Mr. Speaker, these are exemplary examples Americans, took it and held it for them MIS, was composed of about 6,000 Japanese- of bravery and the extraordinary measure of and gave it back after the war. They American soldiers who conducted covert intel- these men, who rose to meet a challenge and did not receive due process of law. ligence missions, including translating enemy answered a call to defend the Nation. Their There were all kinds of violations of documents, interrogating enemy prisoners of courage showed the world, and shows us their civil rights. And that’s why this wars, intercepting radio transmissions, and today, that as a nation, our capacity to over- memorial is important for us to remind persuading enemy combatants to surrender. come may well be limitless. ourselves of how real Americans act, The contributions of the MIS have only re- The men of the Armed Forces in World War no matter where they came from, and cently come to light and been publicly ac- II fought to defend the very ideals on which how much they’re willing to give to knowledged. our Nation was founded. The 100th Infantry make this country the strong place Last year Congress passed and President Battalion, 442nd Regimental Combat Team, that it is. Obama signed into a law a bill to collectively and the MilitaryIntelligence Service risked their Mr. HARPER. Mr. Speaker, I have no award the Medal of Honor to Japanese Amer- lives to defend that which Americans cherish, other speakers, I am prepared to close, ican Veterans of the 442nd Regiment, the liberty, democracy, and the basic freedoms of and I reserve the balance of my time. 100th Infantry Battalion, and the Military Intel- the Constitution. They gave this Nation more Mr. BRADY of Pennsylvania. Again, I ligence Service. It was a distinct honor to be than their support, they gave it their strength, urge all Members to support this reso- present at the bill signing and meet several of and some gave their lives, in what Abraham lution. I’m extremely proud myself to these heroes in person. Lincoln called ‘‘the last full measure of devo- support it. My father was a member of Today’s resolution allows the use of Eman- tion.’’ the United States Marine Corps that cipation Hall on November 2, 2011 in the U.S. Mr. Speaker, the 100th Infantry Battalion, served in the Pacific theater, and I’m Capitol for a ceremony to present the Medal of 442nd Regimental Combat Team, and the sure he was very proud of the Japanese Honor to these brave Japanese-American vet- Military Intelligence Service deserve this men and women that were out there erans for their service and sacrifice during honor, as they deserve our respect, our admi- supporting and helping him. World War II. Many veterans from Hawaii or ration, and our enduring gratitude. Their leg- With that, I yield back the balance of their next-of-kin will travel a great distance to acy of selfless patriotism lives on today, and my time. attend this ceremony. serves as an example for all Americans. I am Mr. HARPER. Mr. Speaker, I yield I urge my colleagues to support this resolu- proud to support S. Con. Res. 28, a concur- back the balance of my time. tion. rent resolution authorizing the use of Emanci- Ms. HIRONO. Mr. Speaker, I rise today in Ms. JACKSON LEE of Texas. Mr. Speaker, pation Hall in the Capitol Visitor Center for an support of S. Con. Res. 28, which will allow I rise today in support of S. Con. Res. 28, the event to award the Congressional Gold Medal,

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K21SE7.030 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6288 CONGRESSIONAL RECORD — HOUSE September 21, 2011 collectively, to the 100th Infantry Battalion, I would like to take this opportunity issues, including perhaps one of his 442nd Regimental Combat Team, and the to thank Senator BLUNT of Missouri for proudest legislative accomplishments Military Intelligence Service, United States introducing this legislation. I want to as a cosponsor of the Family Medical Army, in recognition of their dedicated service thank his colleague, Senator MCCAS- Leave Act, signed into law by Presi- during World War II. I am pleased to join my KILL, also of Missouri, for cosponsoring dent Bill Clinton in 1993. colleagues in supporting this very worthy reso- this bill. Finally, Senator Bond was a vigorous lution. Senator Bond has honorably served advocate for the State of Missouri, The SPEAKER pro tempore. The the State of Missouri and this Nation proudly championing and pursuing question is on the motion offered by for many decades. He was born in St. Federal investment in support of public the gentleman from Mississippi (Mr. Louis, Missouri, and went on to pursue housing, university research, defense, HARPER) that the House suspend the his undergraduate degree at Princeton agriculture and infrastructure rules and concur in the concurrent res- University and his law degree at the throughout the State. Senator Bond olution, S. Con. Res. 28. University of Virginia. After law and I worked very closely on a number The question was taken. school, he clerked for the Honorable of projects for Missouri and Illinois and The SPEAKER pro tempore. In the Elbert Tuttle, who was then the Chief the St. Louis region, including the new opinion of the Chair, two-thirds being Judge of the United States Fifth Cir- Mississippi River Bridge, which is in the affirmative, the ayes have it. cuit Court of Appeals in Atlanta, Geor- under construction now. In January 2009, Senator Bond an- Mr. HARPER. Mr. Speaker, on that I gia. nounced that he would not run for re- demand the yeas and nays. After a brief time of private practice election in 2010, noting that in 1973, at The yeas and nays were ordered. in Washington, DC, he moved back to 33 years old, he had become the young- The SPEAKER pro tempore. Pursu- Missouri, where he was elected as Mis- ant to clause 8 of rule XX, further pro- est Governor ever to be elected in Mis- souri State auditor in 1970. Two years souri and that he had no desire to be- ceedings on this question will be post- later, Senator Bond was elected Gov- poned. come Missouri’s oldest Senator. ernor of Missouri, making him the Naming the Federal courthouse in f youngest Governor in State history. He Jefferson City as the Senator Chris- CHRISTOPHER S. BOND UNITED served two terms, from 1973 to 1977 and topher ‘‘Kit’’ Bond Courthouse is a fit- STATES COURTHOUSE from 1981 to 1985. ting tribute, and I support the passage In 1986, Senator Bond ran success- Mr. DENHAM. Mr. Speaker, I move of Senate bill 846, which honors his fully for the United States Senate, to suspend the rules and pass the bill service to our country and to this great where he represented citizens of Mis- (S. 846) to designate the United States institution. souri for 24 years until his recent re- courthouse located at 80 Lafayette I urge my colleagues to join me in tirement after the 111th Congress. Street in Jefferson City, Missouri, as supporting this legislation, and I re- During his time in the Senate, he the Christopher S. Bond United States serve the balance of my time. served on several committees and was Mr. DENHAM. Mr. Speaker, I yield 3 Courthouse. The Clerk read the title of the bill. chair of the Committee on Small Busi- minutes to the gentlewoman from Mis- The text of the bill is as follows: ness and Entrepreneurship from 1995 to souri (Mrs. HARTZLER). 2001. Mrs. HARTZLER. I thank the chair- S. 846 I believe it is appropriate that we man for bringing this bill forward. Be it enacted by the Senate and House of Rep- I am so excited to be here today and resentatives of the United States of America in honor Senator Bond’s dedicated service for his State and country. I support so proud to support Senate bill 846, Congress assembled, which renames the new Federal court- SECTION 1. CHRISTOPHER S. BOND UNITED passage of this legislation and urge my STATES COURTHOUSE. colleagues to do the same. house in my district of Jefferson City (a) DESIGNATION.—The United States court- I reserve the balance of my time. the Christopher S. Bond United States house located at 80 Lafayette Street in Jef- Mr. COSTELLO. I yield myself as Courthouse. This is such a fitting trib- ferson City, Missouri, shall be known and much time as I may consume. ute to a great Missourian, who I have designated as the ‘‘Christopher S. Bond Mr. Speaker, I rise in strong support had the privilege of knowing and work- United States Courthouse’’. of S. 846, a bill that names the United ing with over the years. (b) REFERENCES.—Any reference in a law, Senator Bond was first elected in 1986 States courthouse located at 80 Lafay- map, regulation, document, paper, or other to the U.S. Senate and served over 24 ette Street in Jefferson City, Missouri, record of the United States to the United years representing our State here val- States courthouse referred to in subsection as the ‘‘Christopher S. Bond United iantly in the United States Congress. (a) shall be deemed to be a reference to the States Courthouse.’’ And before he came here to the Senate, ‘‘Christopher S. Bond United States Court- Senator Kit Bond is a sixth-genera- house’’. he served two terms as Governor and tion Missourian with a long and distin- was also State auditor. The SPEAKER pro tempore. Pursu- guished career in public service span- He is known for accomplishing many ant to the rule, the gentleman from ning over 40 years, serving in many dif- things—and there’s not enough time to California (Mr. DENHAM) and the gen- ferent capacities as an elected official share all of them—but one thing he is tleman from Illinois (Mr. COSTELLO) at both the State and federal levels. certainly noted for is that he started each will control 20 minutes. Senator Bond served as a law clerk to the Parents as Teachers program and The Chair recognizes the gentleman the Fifth Circuit Court of Appeals, as a took it statewide. That has benefited from California. Missouri Assistant State Attorney thousands of children in Missouri and GENERAL LEAVE General, Missouri State auditor, Gov- across this country, and certainly I Mr. DENHAM. Mr. Speaker, I ask ernor of Missouri, and finally in his participated with our daughter. It’s a unanimous consent that all Members longest-serving post, as United States wonderful, wonderful program. may have 5 legislative days in which to Senator from 1987 to 2010 from the He is also a great supporter of free revise and extend their remarks and in- State of Missouri. trade. He had been a champion of build- clude extraneous material on S. 846. b 1300 ing highways and infrastructure, which The SPEAKER pro tempore. Is there has enabled vital investments in our objection to the request of the gen- In the Senate, Senator Bond served roads and bridges in Missouri. He was tleman from California? on the Committees on Appropriations, vice chairman of the Senate Select There was no objection. Commerce, Science, Transportation Committee on Intelligence, and he Mr. DENHAM. Mr. Speaker, I yield and Intelligence. As ranking member worked for bipartisan support to renew myself as much time as I may con- of the Select Committee on Intel- the Foreign Intelligence Surveillance sume. ligence, Senator Bond played an impor- Act. Senate bill 846 would designate the tant role as Congress crafted its anti- He is a strong defender of our mili- newly constructed federal courthouse terror policies in the aftermath of the tary and our national defense. As part at 80 Lafayette Street in Jefferson September 11 terrorist attacks. of the Defense Appropriations Sub- City, Missouri, as the ‘‘Christopher S. Senator Bond also worked well with committee, he worked to continue op- Bond United States Courthouse.’’ Members across the aisle on many eration of Boeing’s F–15 production

VerDate Mar 15 2010 02:24 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.025 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6289 line in a plant next to the St. Louis SHORT-TERM TANF EXTENSION Since it replaced the New Deal-era airport. And we always heard about ACT welfare program in 1996, TANF has how proud he was of his son’s service in Mr. DAVIS of Kentucky. Mr. Speak- been successful at cutting welfare de- the military. er, I move to suspend the rules and pendents by 57 percent through the end But being from the farm, I appre- pass the bill (H.R. 2943) to extend the of last year. Even more importantly, ciated Senator Bond’s support of agri- program of block grants to States for by promoting work among single par- culture. He was certainly a leader in temporary assistance for needy fami- ents, who are the most common wel- making Missouri a leader in agricul- lies and related programs through De- fare recipients, it helped significantly tural research. He is a leader whose cember 31, 2011. reduce child poverty in female-headed service has improved the lives of thou- The Clerk read the title of the bill. families over time. sands of Missourians, an example of pa- The text of the bill is as follows: Even at today’s elevated unemploy- triotism that has inspired future lead- H.R. 2943 ment rates, TANF continues to pro- ers to follow in his footsteps. Be it enacted by the Senate and House of Rep- mote more work and earnings and less Every time now that Missourians resentatives of the United States of America in poverty. But despite this general will drive by this courthouse, they will Congress assembled, progress, TANF can and should be be inspired to serve their fellow man— SECTION 1. SHORT TITLE. strengthened to do more, especially to service above self—just like Kit Bond This Act may be cited as the ‘‘Short-Term help more low-income families work has done all of these years. TANF Extension Act’’. and support themselves in the years I want to close with some words that SEC. 2. EXTENSION OF THE TEMPORARY ASSIST- ahead. Unfortunately, too many par- ANCE FOR NEEDY FAMILIES PRO- ents are exempted from work require- Kit said himself about his service, and GRAM AND RELATED PROGRAMS I think it’s an example for all of us in THROUGH DECEMBER 31, 2011. ments today for a variety of reasons we Missouri and across this country. He (a) IN GENERAL.—Activities authorized by learned at a recent hearing held by the said: ‘‘Serving Missouri has been my part A of title IV and section 1108(b) of the Ways and Means Subcommittee on life’s work. I have walked the land, Social Security Act (other than under sub- Human Resources, which I am privi- fished its rivers, and been humbled by sections (a)(3) and (b) of section 403 of such leged to chair. Act) shall continue through December 31, But given the current administra- the honesty and hard work of our peo- 2011, in the manner authorized for fiscal year ple. The highest honor is to receive and tion’s support for only a straight 1- 2011, and out of any money in the Treasury year extension of current law, which is safeguard the public trust.’’ of the United States not otherwise appro- Mr. COSTELLO. Mr. Speaker, I yield priated, there are hereby appropriated such a view shared by the other body, there back the balance of my time. sums as may be necessary for such purpose. are limited prospects for making need- Mr. DENHAM. Mr. Speaker, I yield Grants and payments may be made pursuant ed changes to TANF before the pro- back the balance of my time. to this authority on a quarterly basis gram expires at the end of this month. through the first quarter of fiscal year 2012 That’s the reason for the short-term Mr. CARNAHAN. Mr. Speaker, I rise in sup- at the level provided for such activities for extension before us today. port of S. 846, which would designate the the corresponding quarter of fiscal year 2011. This 3-month extension will provide name of the United States courthouse in Jef- AINTENANCE OF FFORT (b) M E .—Section an opportunity for Congress, including ferson City, Missouri as the Christopher S. 409(a)(7) of the Social Security Act (42 U.S.C. the Joint Select Committee on Deficit Bond United States Courthouse. We would 609(a)(7)) is amended— Reduction, to review TANF alongside like to congratulate Mr. Bond on behalf of our (1) in subparagraph (A), by striking ‘‘or other entitlement programs this fall. office for this prestigious honor. 2012’’ and inserting ‘‘2012, or 2013’’; and (2) in subparagraph (B)(ii), by striking Important questions need to be asked, Mr. Bond served the State of Missouri for ‘‘2011’’ and inserting ‘‘2012’’. including what is the proper funding over 4 decades, beginning as the Assistant At- SEC. 3. BUDGETARY EFFECTS. level for these programs and how can torney General in 1969, where he led the Con- The budgetary effects of this Act, for the they best be focused on engaging low- sumer Protection Division. He then went on to purpose of complying with the Statutory income parents in work and other pro- be elected Missouri State Auditor in 1970 until Pay-As-You-Go Act of 2010, shall be deter- ductive activities so more can support mined by reference to the latest statement 1973. Later in 1973, at the age of 33, he was themselves in the long run. elected Governor of Missouri, making him the titled ‘‘Budgetary Effects of PAYGO Legisla- tion’’ for this Act, submitted for printing in Another thing this additional time youngest Governor in the State’s history. He will let us do is to take action to close served as Governor from 1973 until 1977, and the Congressional Record by the Chairman of the Senate Budget Committee, provided that what some call the ‘‘strip club loop- again from 1981 until 1985. Mr. Bond then such statement has been submitted prior to hole.’’ This refers to an outright abuse went on to serve as a United States Senator the vote on passage. of taxpayer trust permitted under cur- from 1987 until his retirement in January of The SPEAKER pro tempore. Pursu- rent law when adults on welfare spend 2011. ant to the rule, the gentleman from taxpayer funds on liquor, gambling, Kit Bond has served our State and our Kentucky (Mr. DAVIS) and the gen- tattoos, or even visits to strip clubs. As Country with dedication, and naming the tleman from Texas (Mr. DOGGETT) each recent exposes have revealed, too many United States Courthouse after him is an ap- will control 20 minutes. welfare recipients access taxpayer propriate manner in which to show our appre- The Chair recognizes the gentleman funds at cash machines in casinos, liq- ciation for all of his hard work over the last 40 from Kentucky. uor stores, strip clubs, and even on years for the people of Missouri and all Ameri- GENERAL LEAVE cruise ships. cans. Once again, on behalf of our office and Mr. DAVIS of Kentucky. Mr. Speak- Some States have already taken ac- the entire State of Missouri, we would like to er, I ask unanimous consent that all tion to close this loophole by blocking congratulate him and we wish him the best. Members have 5 legislative days in access to welfare EBT cards at such es- The SPEAKER pro tempore. The which to revise and extend their re- tablishments. There is bipartisan legis- question is on the motion offered by marks and to include extraneous mate- lation to require all States to do that, the gentleman from California (Mr. rial on the subject of the bill under and doing so is something of particular DENHAM) that the House suspend the consideration. interest to our colleague, Senator rules and pass the bill, S. 846. The SPEAKER pro tempore. Is there COBURN. I share his commitment to The question was taken. objection to the request of the gen- getting this done this fall and urge all The SPEAKER pro tempore. In the tleman from Kentucky? my colleagues to support action that opinion of the Chair, two-thirds being There was no objection. we will take to close this loophole. in the affirmative, the ayes have it. Mr. DAVIS of Kentucky. Mr. Speak- The legislation before us is designed Mr. DENHAM. Mr. Speaker, on that I er, I yield myself such time as I may to provide time for a closer review of demand the yeas and nays. consume. and action on these sorts of issues. Im- The yeas and nays were ordered. I rise today in support of H.R. 2943, portantly, it does not add to our deficit The SPEAKER pro tempore. Pursu- legislation to temporarily extend the since it simply continues current ant to clause 8 of rule XX, further pro- authorization of Temporary Assistance TANF funding for 3 months. I note that ceedings on this question will be post- for Needy Families and related pro- TANF is a fixed block grant, which is poned. grams. not adjusted for inflation.

VerDate Mar 15 2010 02:24 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.034 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6290 CONGRESSIONAL RECORD — HOUSE September 21, 2011 I wish we were debating legislation direct assistance since 1965. And of TANF supplemental grants expired in today that extended and actually im- course in Texas it’s much worse, where June 2011 in accordance with legisla- proved TANF programs so that they only one in every 20 poor children re- tion Democrats crafted last year that work better; but given the impedi- ceive direct assistance from TANF. President Obama signed into law. ments before us, the bill before the The bill before us also does not ad- These payments have now expired and House today offers the best chance that dress a program agreed to originally are not payable under current law. Ex- we will be able to do that in the near when the Welfare Reform Act was en- tending them would mean spending future, and I urge all of my colleagues acted—a bill that I voted for to address more money to revive the program, to support it. the particular needs of high poverty which is beyond the scope of what I reserve the balance of my time. States like Texas and many in the we’re doing today in maintaining only South—called TANF Supplemental b 1310 current TANF programs. Grants. Their name is really a mis- Since TANF supplemental grants Mr. DOGGETT. I yield myself 5 min- nomer because they’re not a supple- were first paid, about $4 billion in extra utes. ment; they’re essential to the work of TANF programs have been paid out Mr. Speaker, this is a bipartisan bill, States that have higher poverty rates. only to a minority of States. At some which I fully support, but it is impor- Ever since that time of the Welfare point, we have to ask when such sup- tant to understand what this bill does Reform Act, Texas and those States plemental spending should come to an and what it does not do. It is important have depended on supplemental TANF. end. The last Congress, which, again, to understand which provisions we It is not included in today’s legislation, was led by Democratic majorities, said agree upon and which ones we accept and that means that Texas will lose the end should come this past June. I as only being better than the alter- about $50 million every year that it re- respect that judgment. native of allowing this important law lies on to work with child care, with The committee is obviously aware of and all those who count on it to expire preventing pregnancy, with other Mr. DOGGETT’s bill to extend these pay- next week. issues like school dropouts, programs ments yet again, but we don’t know Last week, the Census Bureau re- that rely on these funds today. how he would pay for that since the ported that more Americans were poor Allowing these grants to expire is in bill he introduced includes no pay-for. in 2010 than at any time on record. Re- sharp contrast to what happened in That would mean increasing our cur- 2001 when Governor Rick Perry wrote grettably, my home State of Texas was rent historic deficits even more. leading the way with one of the highest to then-Whip Tom DeLay urging the All States received a share of $5 bil- poverty rates anywhere in America. extension of TANF supplemental lion in special welfare funds in the 2009 The Texas Center for Public Policy grants, saying: ‘‘These grants have stimulus bill. That was on top of al- played an important role in helping Priorities, a nonpartisan group, re- most $17 billion in TANF block grant hardworking men and women in Texas cently reported that ‘‘The heart of the payments all States receive each year, achieve independence from public as- American Dream is at risk in Texas.’’ including those that previously col- sistance. Congress designed the supple- For the first time in generations, there lected supplemental grants. The States mental grants to address the critical are more people falling out of the mid- that collected supplemental grants re- program needs of States.’’ Those were dle class than joining its ranks. And ceived about $913 million of that $5 bil- words of Governor Rick Perry, who is what a struggle it is for those families lion in one-time funds, or the equiva- silent on this matter today about how trying to hold on. lent of almost three years of supple- we enable more Texans to move from In a neighborhood near downtown mental grant payments. welfare to work. San Antonio, Andrew Ramos and his I appreciate the gentleman’s argu- wife, Nina, are struggling just to keep Mr. Speaker, we cannot allow the funding for TANF to expire next week, ment for extending these payments by food on the table for themselves and reviving the now-ended Supplemental their 2-year-old daughter. Andrew lost and so I join wholeheartedly with this renewal legislation. But we also need Grants program. The legislation before his job, and Nina works at a local pizza us does not do that, since it simply ex- parlor where she makes about $200 a to move past doing the very least that we can do and start responding to the tends current law programs. But I week. There are so many families just know he and I will continue to have like the Ramos family—almost one in mounting challenges that families not just in Texas but across our country fruitful discussions and work together five in poverty in Bexar County. about this and other TANF funding and As John Turner at the Capital Area face. TANF has not been adequately re- sponsive to the increased level of needs related issues, and I appreciate his con- Food Bank concludes: Hunger is a re- tinued input and effort. sult of lack of income and of a livable during these bad economic times. The SPEAKER pro tempore. The With that, I reserve the balance of wage. It affects too many of our neigh- time of the gentleman has expired. my time. bors, he says, under the current Texas Mr. DOGGETT. Mr. Speaker, I yield Mr. DOGGETT. Mr. Speaker, I would economic model. myself 1 additional minute. yield myself 15 seconds to say that The demands on our food banks, I think also of the words of Claudia under Democratic leadership we ex- which serve as effective public-private Herrington, who works at El Buen tended the supplemental TANF pro- partnerships, are immense. The Capital Samaritano, dealing largely with gram that Governor Rick Perry was so Area Food Bank, this year, is deliv- Latino families. She writes: ‘‘This is proud about in 2001. We extended it ering 50 percent more food to poor peo- not the American Dream I believe in. four times. The only reason that it ex- ple than it did 3 years ago. This is not the American Dream my fa- isted in the spring of this year was be- But I don’t really hear anyone facing ther believed in when he emigrated cause of our extensions. It should be up to this harsh reality—not our Gov- from Cuba here in the 1960s. I know our extended once again, and I hope in the ernor in Texas, not the President of the country is better than that, regardless process we can do that. United States, and certainly not the of political affiliation. And I know that I would now yield 2 minutes to the leadership here in the House. In fact, investment in our people and their gentleman from New York (Mr. RAN- the Administration has shown little in- ability to earn a decent living is a GEL). terest and almost no guidance in re- worthwhile policy.’’ (Mr. RANGEL asked and was given forming this legislation. We need a policy that is more safety permission to revise and extend his re- Rather than respond to rising depri- net than hole, and I hope eventually we marks.) vation and declining opportunity, this can work together to achieve that. Mr. RANGEL. I come to the floor on legislation continues for another 3 I reserve the balance of my time. this noncontroversial bill and as a months, the Temporary Assistance for Mr. DAVIS of Kentucky. I yield my- proud member of the Ways and Means Needy Families Act. This is a program self such time as I may consume. Committee to show the Congress and that today provides direct assistance Mr. Speaker, I appreciate the gentle- the country that we are concerned to only one in every five children liv- man’s suggestion that this legislation about more than just taxes. ing in Poverty in America. That’s the should be amended to revive the TANF I want to thank Mr. DAVIS for his lowest level of poor children receiving Supplemental Grants program. leadership in this area and especially

VerDate Mar 15 2010 02:24 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.036 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6291 my friend Mr. DOGGETT, who have Now, it sort of depends on whether or Mr. DAVIS of Kentucky. Mr. Speak- stuck with the committee in trying to not we’re going to have a middle class er, H.R. 2943 simply is a short-term make certain that we improve the life in this country when we have a down- continuation of Welfare to Work pro- of those people who are so vulnerable turn like this and we decide whether grams that have successfully cut wel- in our society. we’re going to help the middle class fare dependence and promoted work. I To think that one out of five children make it. We’ve got foreclosures that urge my colleagues to support this leg- in America, the United States of Amer- won’t quit. And we’ve had no proposals islation and to work with us to design ica, is living in poverty, to recognize out of the House to do anything about a long-term reauthorization bill that that 46 million people, a family of four foreclosure prevention. fixes flaws in the system, fixes broken makes less than $22,000 is certainly not So you have middle class people processes and allows agencies to com- what has inspired so many people to who’ve lost their job, their unemploy- municate in a more holistic way as we get out of poverty and move into the ment is gone, they are now having address this to eliminate waste of tax- middle class, which is the heart of their house foreclosed, and they look payer dollars and ultimately to design America and the heart of our economy. to their government for a safety net a long-term reauthorization bill that This bill does just that. It comes to and find nothing but food stamps. further promotes work and independ- us to look to give authority to the In my belief, there is a time when we ence from welfare. States to see what works, to make cer- should help the middle class in this With that, I yield back the balance of tain that people don’t have to stay on country be able to go through what my time. welfare, that they can have a goal in may be another year or two, we’re not Ms. JACKSON LEE of Texas. Mr. Speaker, being fully employed. And it takes a quite sure how long it will be, but it I rise today in support of H.R. 2943, ‘‘The way the image that we have, as a coun- should not be that there is no program Temporary Assistance for Needy Families Ex- try, that we applaud people who are available to help middle class people tension Act,’’ which extends the authorization being executed, that we applaud those who have fallen on very difficult times. of the Temporary Assistance for Needy Fami- people that don’t have health insur- Mr. DAVIS of Kentucky. I continue lies (TANF) state block grant program for ance. to reserve the balance of my time. three months, through December 31, 2011. No, America is more than that. And Mr. DOGGETT. I yield myself such Under current law, the program’s authorization during these hard times, we have to time as I may consume. is set to expire on October 1, 2011, at the end make certain that we do as the mem- Mr. Speaker, the House should ap- of FY 2011. H.R. 2943 authorizes ‘‘such sums bers of this committee, a classic exam- prove this important bipartisan legisla- as may be necessary’’ to carry out the pro- ple is Mr. DOGGETT, is Mr. DAVIS, both tion today. To fail to approve this mod- gram at the same level as FY 2011 or $16.48 on a hardworking committee, but care est extension would cause even more billion according to CRS and extends funding enough about the people in our country people to suffer with the expiration of for the basic block grant, healthy marriage and to show that this is bipartisan. And the these programs next week. responsible fatherhood competitive grants, people that are poor, the people that Mr. Speaker, it may not be in vogue mandatory child care grants, and certain other are in need, the people that are with- to discuss the problems of poor people funds. out homes and without hope are not in America today, but we need to hear As Chair of the Congressional Children’s Democrats; they’re not Republicans. more about it in this House. We need to Caucus, I am keenly aware that the youngest They are people in our country. And we hear more about it in Washington, DC. among us often suffers the most when pro- have an obligation to show that there Certainly we want to support and en- grams, like TANF, are underfunded. We must is a need for government. There is a courage the middle class in America— take a proactive role in protecting children need for caring. very, very important—but we need to from lives of abject poverty. And I am proud to be a member of create more opportunity to broaden I represent the 18th Congressional district in this committee and a Member of this that middle class. For the many people Houston, Texas. In my district, more than Congress to show that’s what our coun- who struggle and hope that lives will 190,000 people live below the poverty line. try is all about. be better for their children and that Programs like TANF are vital to these families. they will face less obstacles than their At a time when the Census Bureau places the b 1320 parents have faced, we need to provide number of Americans living in poverty at the Mr. DAVIS of Kentucky. I continue that temporary assistance to needy highest rate in over 50 years. to reserve the balance of my time. families. The current program leaves Across our nation the poverty rate has Mr. DOGGETT. Mr. Speaker, I yield 2 out too many and forgets too many of climbed to 14.3 percent in 2009, the highest minutes to the gentleman from Wash- those families in their struggle. level since 1994 and is likely to continue to ington State, the former chair of this The omission of TANF supplemental climb. At this time children are again bearing subcommittee, Mr. MCDERMOTT. grants, which we renewed four times in the brunt, more than one in five children lived Mr. MCDERMOTT. I want to say just the last two Congresses, is not being in families with incomes under the official pov- a few words about this. Obviously, I renewed here, which means that in erty level which was $22,050 for a family of support the extension of the TANF. Texas and in so many high-poverty four in 2009. Similarly more than one in five But I think that there is a real need— States, we will not have the support children lived in households that did not al- and we’ve been extending it 1 year at a that Governor Rick Perry once called ways have the resources to purchase food. time, 1 year at a time, 1 year at a time for. We will have a broadened gap and In 2008, there were 15.45 million impover- for some time—there really is a need to a lack of services. ished children in the nation, 20.7% of Amer- re-look at the whole concept of what Many of the dollars that we’ve re- ica’s youth. Further, The Kaiser Family Foun- this safety net really needs to be. ceived in that program in Texas have dation estimates that there are currently 5.6 We wiped out welfare as we know it, gone into child protective services to million Texans living in poverty, 2.2 million of as was the phrase in 1996, at a time protect abused and neglected children. them children, and that 17.4% of households when the economy in this country was They will no longer have that assist- in the state struggle with food insecurity. going straight up. Anybody could find ance. I hope in the course of the legis- Many people assume that Texas was not hit a job if they looked for one. And it was lative process of the renewal of this as hard by the recession as other states be- very clear that there were efforts in legislation, we might eventually get cause our unemployment rate is still below the that bill to push people off the rolls TANF supplemental grants into the national average. While our unemployment and out into the work market. Now, it bill. rate is low compared to the U.S. (8.2 versus was possible to do that. Today we see so many who are losing 9.8 percent, respectively, in November 2010), Today, however, you have a situation the opportunity to share in the Amer- it is still nearly double where it stood in No- where there are four people that are ican Dream. We have an opportunity to vember 2007 (4.4 percent). In fact, Texas’ un- looking for every job that’s out there. continue at least a minimal level of employment rate has been around 8 percent You have many middle class families support to them. We should do that, for the last 16 months, which is extremely high who have exhausted 99 weeks of unem- but we should commit ourselves to given Texas’ recent history. This has resulted ployment and have nothing in this doing even more. in nearly one in three Texas children living country except food stamps. I yield back the balance of my time. with a parent who does not have a full-time,

VerDate Mar 15 2010 02:24 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K21SE7.038 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6292 CONGRESSIONAL RECORD — HOUSE September 21, 2011 year-round job, making them particularly vul- 622(b)(15)(A)(ii)) is amended by inserting ‘‘, in- otherwise apply for purposes of subsection (a) nerable. cluding emotional trauma associated with a for the fiscal year shall be reduced by— When a household falls into poverty, chil- child’s maltreatment and removal from home’’ ‘‘(i) 1, if the number of full percentage points by which the State fell short of the percentage dren are exposed to increased parental dis- before the semicolon. (2) PROCEDURES ON THE USE OF PSYCHOTROPIC specified in subparagraph (A) is less than 10; tress, inadequate childcare arrangements, and MEDICATIONS.—Section 422(b)(15)(A)(v) of such ‘‘(ii) 3, if the number of full percentage points poor nutrition. In past recessions, it took many Act (42 U.S.C. 622(b)(15)(A)(v)) is amended by by which the State fell short, as described in years for employment and incomes to re- inserting ‘‘, including protocols for the appro- clause (i), is not less than 10 and less than 20; bound, and low-income families rebound more priate use and monitoring of psychotropic medi- or slowly than others. cations’’ before the semicolon. ‘‘(iii) 5, if the number of full percentage points Public benefits such as TANF help families (3) DESCRIPTION OF ACTIVITIES TO ADDRESS DE- by which the State fell short, as described in clause (i), is not less than 20.’’. bridge the gaps in difficult economic times and VELOPMENTAL NEEDS OF VERY YOUNG CHIL- DREN.—Section 422(b) of such Act (42 U.S.C. (d) TECHNICAL CORRECTION.—Section 423(b) of are critical in reducing the effects of a reces- 622(b)) is amended— such Act (42 U.S.C. 623(b)) is amended by strik- sion. Cutting these supports will hurt child and (A) by striking ‘‘and’’ at the end of paragraph ing ‘‘per centum’’ each place it appears and in- family wellbeing and damage the Texas econ- (16); serting ‘‘percent’’. omy by taking money out of the private econ- (B) by striking the period at the end of para- SEC. 102. PROMOTING SAFE AND STABLE FAMI- omy for critical local businesses such as gro- graph (17) and inserting ‘‘; and’’; and LIES PROGRAM. cery stores and medical providers. (C) by adding at the end the following: (a) EXTENSION OF FUNDING AUTHORIZA- Although TANF is not perfect, I believe that ‘‘(18) include a description of the activities TIONS.— that the State has undertaken to reduce the (1) IN GENERAL.—Section 436(a) of the Social is an essential part of the safety net for very length of time children who have not attained 5 Security Act (42 U.S.C. 629f(a)) is amended by low-income families with children. These bene- years of age are without a permanent family, striking all that follows ‘‘$345,000,000’’ and in- fits do not provide families with the ability to and the activities the State undertakes to ad- serting ‘‘for each of fiscal years 2012 through live a lavish life style, they do provide a life dress the developmental needs of such children 2016.’’. line to families at a critical time in their lives, who receive benefits or services under this part (2) DISCRETIONARY GRANTS.—Section 437(a) of such as periods of unemployment or disability, or part E.’’. such Act (42 U.S.C. 629g(a)) is amended by strik- or when a newborn joins a family. The goal of (4) DATA SOURCES FOR CHILD DEATH REPORT- ing ‘‘2007 through 2011’’ and inserting ‘‘2012 through 2016’’. TANF is to be a temporary safety net and to ING.—Section 422(b) of such Act (42 U.S.C. 622(b)), as amended by paragraph (3) of this (b) TARGETING OF SERVICES TO POPULATIONS help families in need to regain their balance, subsection, is amended— AT GREATEST RISK OF MALTREATMENT.—Section when a hard time causes them to lose their (A) by striking ‘‘and’’ at the end of paragraph 432(a) of such Act (42 U.S.C. 629b(a)) is amend- balance. (17); ed— TANF provides access to paths out of pov- (B) by striking the period at the end of para- (1) by striking ‘‘and’’ at the end of paragraph erty through services such as job training or graph (18) and inserting ‘‘; and’’; and (8); counseling for mental health issues. State also (C) by adding at the end the following: (2) by striking the period at the end of para- graph (9) and inserting ‘‘; and’’; and uses the block grants for a wide range of work ‘‘(19) contain a description of the sources used to compile information on child maltreatment (3) by adding at the end the following: supports, including child care and transpor- deaths required by Federal law to be reported by ‘‘(10) describes how the State identifies which tation. For these reasons I support H.R. 2943. the State agency referred to in paragraph (1), populations are at the greatest risk of maltreat- The SPEAKER pro tempore. The and to the extent that the compilation does not ment and how services are targeted to the popu- question is on the motion offered by include information on such deaths from the lations.’’. the gentleman from Kentucky (Mr. State vital statistics department, child death re- (c) REVISED PURPOSES OF FAMILY SUPPORT SERVICES AND TIME-LIMITED FAMILY REUNIFICA- DAVIS) that the House suspend the view teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall TION SERVICES.— rules and pass the bill, H.R. 2943. (1) FAMILY SUPPORT SERVICES.—Section The question was taken; and (two- describe why the information is not so included and how the State will include the informa- 431(a)(2) of such Act (42 U.S.C. 629a(a)(2)) is thirds being in the affirmative) the tion.’’. amended to read as follows: ‘‘(2) FAMILY SUPPORT SERVICES.— rules were suspended and the bill was (c) CHILD VISITATION BY CASEWORKERS.—Sec- ‘‘(A) IN GENERAL.—The term ‘family support passed. tion 424 of such Act (42 U.S.C. 624) is amended services’ means community-based services de- A motion to reconsider was laid on by striking the 2nd subsection (e), as added by signed to carry out the purposes described in the table. section 7(b) of the Child and Family Services subparagraph (B). Improvement Act of 2006, and inserting the fol- f ‘‘(B) PURPOSES DESCRIBED.—The purposes de- lowing: scribed in this subparagraph are the following: CHILD AND FAMILY SERVICES IM- ‘‘(f)(1)(A) Each State shall take such steps as ‘‘(i) To promote the safety and well-being of are necessary to ensure that the total number of PROVEMENT AND INNOVATION children and families. ACT visits made by caseworkers on a monthly basis ‘‘(ii) To increase the strength and stability of to children in foster care under the responsi- families (including adoptive, foster, and ex- Mr. DAVIS of Kentucky. Mr. Speak- bility of the State during a fiscal year is not less er, I move to suspend the rules and tended families). than 90 percent (or, in the case of fiscal year ‘‘(iii) To increase parents’ confidence and pass the bill (H.R. 2883) to amend part 2015 or thereafter, 95 percent) of the total num- competence in their parenting abilities. B of title IV of the Social Security Act ber of such visits that would occur during the ‘‘(iv) To afford children a safe, stable, and to extend the child and family services fiscal year if each such child were so visited supportive family environment. program through fiscal year 2016, and once every month while in such care. ‘‘(v) To strengthen parental relationships and for other purposes, as amended. ‘‘(B) If the Secretary determines that a State promote healthy marriages. has failed to comply with subparagraph (A) for ‘‘(vi) To enhance child development, including The Clerk read the title of the bill. a fiscal year, then the percentage that would The text of the bill is as follows: through mentoring (as defined in section otherwise apply for purposes of subsection (a) 439(b)(2)).’’. H.R. 2883 for the fiscal year shall be reduced by— (2) TIME-LIMITED FAMILY REUNIFICATION SERV- Be it enacted by the Senate and House of Rep- ‘‘(i) 1, if the number of full percentage points ICES.—Section 431(a)(7)(B) of such Act (42 resentatives of the United States of America in by which the State fell short of the percentage U.S.C. 629a(a)(7)(B)) is amended by redesig- Congress assembled, specified in subparagraph (A) is less than 10; nating clause (vi) as clause (viii) and inserting SECTION 1. SHORT TITLE. ‘‘(ii) 3, if the number of full percentage points after clause (v) the following: by which the State fell short, as described in This Act may be cited as the ‘‘Child and Fam- ‘‘(vi) Peer-to-peer mentoring and support clause (i), is not less than 10 and less than 20; ily Services Improvement and Innovation Act’’. groups for parents and primary caregivers. or ‘‘(vii) Services and activities designed to facili- TITLE I—EXTENSION OF CHILD AND ‘‘(iii) 5, if the number of full percentage points tate access to and visitation of children by par- FAMILY SERVICES PROGRAMS by which the State fell short, as described in ents and siblings.’’. SEC. 101. STEPHANIE TUBBS JONES CHILD WEL- clause (i), is not less than 20. (d) UNIFORM DEFINITIONS OF INDIAN TRIBE FARE SERVICES PROGRAM. ‘‘(2)(A) Each State shall take such steps as AND TRIBAL ORGANIZATION.—Section 431(a) of (a) EXTENSION OF PROGRAM.—Section 425 of are necessary to ensure that not less than 50 such Act (42 U.S.C. 629a(a)(5) and (6)) is amend- the Social Security Act (42 U.S.C. 625) is amend- percent of the total number of visits made by ed by striking paragraphs (5) and (6) and insert- ed by striking ‘‘2007 through 2011’’ and inserting caseworkers to children in foster care under the ing the following: ‘‘2012 through 2016’’. responsibility of the State during a fiscal year ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ (b) MODIFICATION OF CERTAIN STATE PLAN occur in the residence of the child involved. has the meaning given the term in section 428(c). REQUIREMENTS.— ‘‘(B) If the Secretary determines that a State ‘‘(6) TRIBAL ORGANIZATION.—The term ‘tribal (1) RESPONSE TO EMOTIONAL TRAUMA.—Section has failed to comply with subparagraph (A) for organization’ has the meaning given the term in 422(b)(15)(A)(ii) of such Act (42 U.S.C. a fiscal year, then the percentage that would section 428(c).’’.

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(e) SUBMISSION TO CONGRESS OF STATE SUM- ty, permanency, and well-being of foster chil- (C) an analysis of the extent to which such MARIES OF FINANCIAL DATA; PUBLICATION ON dren and on activities designed to increase re- grants have been successful in addressing the HHS WEBSITE.—Section 432(c) of such Act (42 tention, recruitment, and training of case- needs of families with methamphetamine or U.S.C. 629b(c)) is amended— workers.’’; and other substance abuse problems who come to the (1) by striking all that precedes ‘‘shall’’ and (c) REAUTHORIZATION OF REGIONAL PARTNER- attention of the child welfare system and in inserting the following: SHIP GRANTS TO ASSIST CHILDREN AFFECTED BY achieving the goals of child safety, permanence, ‘‘(c) ANNUAL SUBMISSION OF STATE REPORTS PARENTAL SUBSTANCE ABUSE.— and family stability. TO CONGRESS.— (1) EXTENSION OF PROGRAM.—Section SEC. 104. COURT IMPROVEMENT PROGRAM. ‘‘(1) IN GENERAL.—The Secretary’’; and 437(f)(3)(A) of such Act (42 U.S.C. 629g(f)(3)(A)) (a) GRANT PURPOSES.—Section 438(a) of the (2) by adding after and below the end the fol- is amended by striking ‘‘2007 through 2011’’ and Social Security Act (42 U.S.C. 629h(a)) is amend- lowing: inserting ‘‘2012 through 2016’’. ed— ‘‘(2) INFORMATION TO BE INCLUDED.—The com- (2) REVISIONS TO PROGRAM.—Section 437(f) of (1) in paragraph (2)— pilation shall include the individual State re- such Act (42 U.S.C. 629g(f)) is amended— (A) in subparagraph (A), by striking ‘‘; and’’ ports and tables that synthesize State informa- (A) in the subsection heading, by striking and inserting ‘‘, including the requirements in tion into national totals for each element re- ‘‘METHAMPHETAMINE OR OTHER’’; the Act related to concurrent planning;’’; quired to be included in the reports, including (B) in each of paragraphs (1), (4)(A), (7)(A)(i), (B) in subparagraph (B), by adding ‘‘and’’ at planned and actual spending by service cat- and (9)(B)(iii), by striking ‘‘methamphetamine the end; and egory for the program authorized under this or other’’; (C) by adding at the end the following: (C) in paragraph (3), by striking subpara- subpart and planned spending by service cat- ‘‘(C) to increase and improve engagement of graph (B) and inserting the following: egory for the program authorized under subpart the entire family in court processes relating to ‘‘(B) REQUIRED MINIMUM PERIOD OF AP- 1. child welfare, family preservation, family reuni- PROVAL.— ‘‘(3) PUBLIC ACCESSIBILITY.—Not later than fication, and adoption;’’; and ‘‘(i) IN GENERAL.—A grant shall be awarded (2) in paragraph (4)— September 30 of each year, the Secretary shall under this subsection for a period of not less (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; publish the compilation on the website of the than 2, and not more than 5, fiscal years, sub- (B) by striking the period and inserting ‘‘; Department of Health and Human Services in a ject to clause (ii). and’’; and location easily accessible by the public.’’. ‘‘(ii) EXTENSION OF GRANT.—On application of (C) by adding after and below the end the fol- (f) GAO REPORT ON MULTIPLE SOURCES OF the grantee, the Secretary may extend for not lowing: FEDERAL SPENDING AND FAMILY ACCESS TO more than 2 fiscal years the period for which a ‘‘(B) to increase and improve engagement of SERVICES.—Not later than 12 months after the grant is awarded under this subsection. the entire family in court processes relating to date of enactment of this Act, the Comptroller ‘‘(C) MULTIPLE GRANTS ALLOWED.—This sub- child welfare, family preservation, family reuni- General of the United States shall submit to section shall not be interpreted to prevent a fication, and adoption.’’. Congress a report that— grantee from applying for, or being awarded, (b) SINGLE GRANT APPLICATION.—Section (1) identifies alternative sources of Federal separate grants under this subsection.’’; 438(b)(2) of such Act (42 U.S.C. 629h(b)(2)) is funding that are being employed by States or (D) in paragraph (6)(A)— other entities for the same purposes for which (i) by striking ‘‘and’’ at the end of clause (ii); amended to read as follows: funding is provided under subpart 1 or 2 of part (ii) by striking the period at the end of clause ‘‘(2) SINGLE GRANT APPLICATION.—Pursuant to B of title IV of the Social Security Act; and (iii) and inserting a semicolon; and the requirements under paragraph (1) of this (2) assesses the needs of families eligible for (iii) by adding at the end the following: subsection, a highest State court desiring a services under such program, including identi- ‘‘(iv) 70 percent for the sixth such fiscal year; grant under this section shall submit a single fication of underserved communities and infor- and application to the Secretary that specifies mation regarding— ‘‘(v) 65 percent for the seventh such fiscal whether the application is for a grant for— (A) the supports available for caseworkers to year.’’; ‘‘(A) the purposes described in paragraphs (1) appropriately investigate and safely manage (E) in paragraph (7)— and (2) of subsection (a); their caseloads; (i) by striking ‘‘shall—’’ and all that follows ‘‘(B) the purpose described in subsection (B) the length of the wait time for families to through ‘‘(A) take’’ and inserting ‘‘shall take’’; (a)(3); receive substance abuse and other preventive (ii) in subparagraph (A)(iv), by striking ‘‘; ‘‘(C) the purpose described in subsection services; and and’’ and inserting a period; (a)(4); or ‘‘(D) the purposes referred to in 2 or more (C) the number of families on waiting lists for (iii) by striking subparagraph (B); and (iv) by redesignating clauses (i) through (iv) (specifically identified) of subparagraphs (A), such services and the effect of the delay on of subparagraph (A) as subparagraphs (A) (B), and (C) of this paragraph.’’. healthy, successful reunification outcomes for through (D), respectively, and moving each of (c) AMOUNT OF GRANT.—Section 438(c) of such such families. such provisions 2 ems to the left; and Act (42 U.S.C. 629h(c)) is amended to read as (g) TECHNICAL CORRECTIONS.— (F) by adding at the end the following: follows: (1) Section 432(a)(8)(B) of the Social Security ‘‘(10) LIMITATION ON USE OF FUNDS FOR AD- ‘‘(c) AMOUNT OF GRANT.— Act (42 U.S.C. 629b(a)(8)(B)) is amended in each MINISTRATIVE EXPENSES OF THE SECRETARY.— ‘‘(1) IN GENERAL.—With respect to each of sub- of clauses (i) and (ii) by striking ‘‘forms CFS Not more than 5 percent of the amounts appro- paragraphs (A), (B), and (C) of subsection (b)(2) 101–Part I and CFS 101–Part II (or any suc- priated or reserved for awarding grants under that refers to 1 or more grant purposes for which cessor forms)’’ and inserting ‘‘form CFS–101 (in- this subsection for each of fiscal years 2012 an application of a highest State court is ap- cluding all parts and any successor forms)’’. through 2016 may be used by the Secretary for proved under this section, the court shall be en- (2) Section 433(c)(2) of the Social Security Act salaries and Department of Health and Human titled to payment, for each of fiscal years 2012 (42 U.S.C. 629c(c)(2)) is amended— Services administrative expenses in admin- through 2016, from the amount allocated under (A) in the paragraph heading, by striking istering this subsection.’’. paragraph (3) of this subsection for grants for ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL (3) EVALUATIONS.—Not later than December the purpose or purposes, of an amount equal to NUTRITION ASSISTANCE PROGRAM BENEFITS’’; and 31, 2012, and not later than December 31, 2017, $85,000 plus the amount described in paragraph (B) by striking ‘‘benefits benefits’’ each place the Secretary of Health and Human Services (2) of this subsection with respect to the purpose it appears and inserting ‘‘benefits’’. shall evaluate the effectiveness of the grants or purposes. SEC. 103. GRANTS FOR TARGETED PURPOSES. awarded to regional partnerships under section ‘‘(2) AMOUNT DESCRIBED.—The amount de- (a) EXTENSION OF FUNDING RESERVATIONS FOR 437(f) of the Social Security Act (42 U.S.C. scribed in this paragraph for any fiscal year MONTHLY CASEWORKER VISITS AND REGIONAL 629g(f)) and shall publish a report regarding the with respect to the purpose or purposes referred PARTNERSHIP GRANTS.—Section 436(b) of the So- results of each evaluation on the website of the to in a subparagraph of subsection (b)(2) is the cial Security Act (42 U.S.C. 629f(b)) is amend- Department of Health and Human Services. amount that bears the same ratio to the total of ed— Each report required to be published under this the amounts allocated under paragraph (3) of (1) in paragraph (4)(A), by striking ‘‘433(e)’’ subsection shall include— this subsection for grants for the purpose or and all that follows and inserting ‘‘433(e) (A) an evaluation of the programs and activi- purposes as the number of individuals in the $20,000,000 for each of fiscal years 2012 through ties conducted, and the services provided, with State who have not attained 21 years of age 2016.’’; and the grant funds awarded under such section for bears to the total number of such individuals in (2) in paragraph (5), by striking ‘‘437(f)’’ and fiscal years 2007 through 2011, in the case of the all States the highest State courts of which have all that follows and inserting ‘‘437(f) $20,000,000 evaluation required by December 31, 2012, and approved applications under this section for for each of fiscal years 2012 through 2016.’’. for fiscal years 2012 through 2016, in the case of grants for the purpose or purposes. (b) REVISION IN USE OF MONTHLY CASE- the evaluation required by December 31, 2017; ‘‘(3) ALLOCATION OF FUNDS.— WORKER VISITS GRANTS.—Section 436(b)(4)(B)(i) (B) an analysis of the regional partnerships ‘‘(A) MANDATORY FUNDS.—Of the amounts re- of such Act (42 U.S.C. 629f(b)(4)(B)) is amend- awarded such grants that have, and have not, served under section 436(b)(2) for any fiscal ed— been successful in achieving the goals and out- year, the Secretary shall allocate— (1) by striking ‘‘support’’ and insert ‘‘improve comes specified in their grant applications and ‘‘(i) $9,000,000 for grants for the purposes de- the quality of’’; and with respect to the performance indicators es- scribed in paragraphs (1) and (2) of subsection (2) by striking ‘‘a primary emphasis’’ and all tablished by the Secretary under paragraph (8) (a); that follows and inserting ‘‘an emphasis on im- of such section that are applicable to their grant ‘‘(ii) $10,000,000 for grants for the purpose de- proving caseworker decision making on the safe- awards; and scribed in subsection (a)(3);

VerDate Mar 15 2010 02:24 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\A21SE7.012 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6294 CONGRESSIONAL RECORD — HOUSE September 21, 2011 ‘‘(iii) $10,000,000 for grants for the purpose de- proprietary standards, such as the eXtensible TITLE II—CHILD WELFARE scribed in subsection (a)(4); and Business Reporting Language.’’. DEMONSTRATION PROJECTS ‘‘(iv) $1,000,000 for grants to be awarded on a (b) EFFECTIVE DATE.—The amendment made SEC. 201. RENEWAL OF AUTHORITY TO APPROVE competitive basis among the highest courts of by subsection (a) shall take effect on October 1, DEMONSTRATION PROJECTS DE- Indian tribes or tribal consortia that— 2012, and shall apply with respect to informa- SIGNED TO TEST INNOVATIVE ‘‘(I) are operating a program under part E, in tion required to be reported on or after such STRATEGIES IN STATE CHILD WEL- FARE PROGRAMS. accordance with section 479B; date. ‘‘(II) are seeking to operate a program under Section 1130 of the Social Security Act (42 part E and have received an implementation SEC. 106. PROVISIONS RELATING TO FOSTER U.S.C. 1320a–9) is amended— grant under section 476; or CARE OR ADOPTION. (1) in subsection (a)— ‘‘(III) has a court responsible for proceedings (a) EDUCATIONAL STABILITY FOR EACH FOSTER (A) by amending paragraph (2) to read as fol- related to foster care or adoption. PLACEMENT.—Section 475(1)(G) of the Social Se- lows: ‘‘(B) DISCRETIONARY FUNDS.—The Secretary curity Act (42 U.S.C. 675(1)(G)) is amended— ‘‘(2) LIMITATION.—During fiscal years 2012 through 2014, the Secretary may authorize dem- shall allocate all of the amounts reserved under (1) in clause (i), by striking ‘‘the placement’’ onstration projects described in paragraph (1), section 437(b)(2) for grants for the purposes de- and inserting ‘‘each placement’’; and scribed in paragraphs (1) and (2) of subsection with not more than 10 demonstration projects to (a).’’. (2) in clause (ii)(I), by inserting ‘‘each’’ before be authorized in each fiscal year.’’. (d) EXTENSION OF FEDERAL SHARE.—Section ‘‘placement’’. (B) by striking paragraph (3) and inserting 438(d) of such Act (42 U.S.C. 629h(d)) is amend- (b) FOSTER YOUTH ID THEFT.—Section 475(5) the following: ed by striking ‘‘2002 through 2011’’ and inserting of such Act (42 U.S.C. 675(5)) is amended— ‘‘(3) CONDITIONS FOR STATE ELIGIBILITY.—For ‘‘2012 through 2016’’. (1) by striking ‘‘and’’ at the end of subpara- purposes of a new demonstration project under (e) TECHNICAL CORRECTION.—Effective as if graph (G); this section that is initially approved in any of included in the enactment of the Safe and Time- fiscal years 2012 through 2014, a State shall be (2) by striking the period at the end of sub- ly Interstate Placement of Foster Children Act authorized to conduct such demonstration paragraph (H) and inserting ‘‘; and’’; and of 2006, section 8(b) of such Act (120 Stat. 513) project only if the State satisfies the following is amended by striking ‘‘438(b) of such Act (42 (3) by adding at the end the following: conditions: U.S.C. 638(b))’’ inserting ‘‘438(b)(1) of such Act ‘‘(I) each child in foster care under the re- ‘‘(A) IDENTIFY 1 OR MORE GOALS.— (42 U.S.C. 629h(b)(1))’’. sponsibility of the State who has attained 16 ‘‘(i) IN GENERAL.—The State shall demonstrate that the demonstration project is designed to ac- SEC. 105. DATA STANDARDIZATION FOR IM- years of age receives without cost a copy of any PROVED DATA MATCHING. consumer report (as defined in section 603(d) of complish 1 or more of the following goals: ‘‘(I) Increase permanency for all infants, chil- (a) IN GENERAL.—Part B of title IV of the So- the Fair Credit Reporting Act) pertaining to the dren, and youth by reducing the time in foster cial Security Act (42 U.S.C. 621–629i) is amended child each year until the child is discharged placements when possible and promoting a suc- by adding at the end the following: from care, and receives assistance (including, cessful transition to adulthood for older youth. ‘‘Subpart 3—Common Provisions when feasible, from any court-appointed advo- cate for the child) in interpreting and resolving ‘‘(II) Increase positive outcomes for infants, ‘‘SEC. 440. DATA STANDARDIZATION FOR IM- any inaccuracies in the report.’’. children, youth, and families in their homes and PROVED DATA MATCHING. communities, including tribal communities, and ‘‘(a) STANDARD DATA ELEMENTS.— (c) DESCRIPTION OF ADOPTION SPENDING.— improve the safety and well-being of infants, ‘‘(1) DESIGNATION.—The Secretary, in con- Section 473(a)(8) of such Act (42 U.S.C. children, and youth. sultation with an interagency work group estab- 673(a)(8)) is amended by inserting ‘‘, and shall ‘‘(III) Prevent child abuse and neglect and the lished by the Office of Management and Budget, document how such amounts are spent, includ- re-entry of infants, children, and youth into and considering State perspectives, shall, by ing on post-adoption services’’ before the period. foster care. rule, designate standard data elements for any (d) INCLUSION IN ANNUAL REPORT OF ADDI- ‘‘(ii) LONG-TERM THERAPEUTIC FAMILY TREAT- category of information required to be reported TIONAL INFORMATION ON CHILD VISITATION BY MENT CENTERS; ADDRESSING DOMESTIC VIO- under this part. CASEWORKERS.—Section 479A(6) of such Act (42 LENCE.—With respect to a demonstration project ‘‘(2) DATA ELEMENTS MUST BE NONPROPRI- U.S.C. 679b(6)) is amended— that is designed to accomplish 1 or more of the ETARY AND INTEROPERABLE.—The standard data (1) by striking ‘‘and’’ at the end of subpara- goals described in clause (i), the State may elect elements designated under paragraph (1) shall, graph (A); and to establish a program— to the extent practicable, be nonproprietary and ‘‘(I) to permit foster care maintenance pay- (2) by redesignating subparagraph (B) as sub- interoperable. ments to be made under part E of title IV to a paragraph (C) and inserting after subparagraph ‘‘(3) OTHER REQUIREMENTS.—In designating long-term therapeutic family treatment center (A) the following: standard data elements under this subsection, (as described in paragraph (8)(B)) on behalf of the Secretary shall, to the extent practicable, in- ‘‘(B) the total number of visits made by case- a child residing in the center; or corporate— workers on a monthly basis to children in foster ‘‘(II) to identify and address domestic violence ‘‘(A) interoperable standards developed and care under the responsibility of the State during that endangers children and results in the maintained by an international voluntary con- a fiscal year as a percentage of the total number placement of children in foster care. sensus standards body, as defined by the Office of the visits that would occur during the fiscal ‘‘(B) DEMONSTRATE READINESS.—The State of Management and Budget, such as the Inter- year if each child were so visited once every shall demonstrate through a narrative descrip- national Organization for Standardization; month while in such care; and’’. tion the State’s capacity to effectively use the ‘‘(B) interoperable standards developed and SEC. 107. EFFECTIVE DATE. authority to conduct a demonstration project maintained by intergovernmental partnerships, under this section by identifying changes the such as the National Information Exchange (a) IN GENERAL.—Except as otherwise pro- State has made or plans to make in policies, pro- Model; and vided in this title, this title and the amendments cedures, or other elements of the State’s child ‘‘(C) interoperable standards developed and made by this title shall take effect on October 1, welfare program that will enable the State to maintained by Federal entities with authority 2011, and shall apply to payments under parts B successfully achieve the goal or goals of the over contracting and financial assistance, such and E of title IV of the Social Security Act for project. as the Federal Acquisition Regulatory Council. calendar quarters beginning on or after such ‘‘(C) DEMONSTRATE IMPLEMENTED OR PLANNED ‘‘(b) DATA STANDARDS FOR REPORTING.— date, without regard to whether regulations to CHILD WELFARE PROGRAM IMPROVEMENT POLI- ‘‘(1) DESIGNATION.—The Secretary, in con- implement the amendments are promulgated by CIES.— sultation with an interagency work group estab- such date. ‘‘(i) IN GENERAL.—The State shall demonstrate lished by the Office of Management and Budget, (b) DELAY PERMITTED IF STATE LEGISLATION that the State has implemented, or plans to im- and considering State government perspectives, REQUIRED.—If the Secretary of Health and plement within 3 years of the date on which the shall, by rule, designate data reporting stand- Human Services determines that State legisla- State submits its application to conduct the ards to govern the reporting required under this tion (other than legislation appropriating demonstration project or 2 years after the date part. funds) is required in order for a State plan de- on which the Secretary approves such dem- ‘‘(2) REQUIREMENTS.—The data reporting veloped pursuant to subpart 1 of part B, or a onstration project (whichever is later), at least 2 standards required by paragraph (1) shall, to State plan approved under subpart 2 of part B of the child welfare program improvement poli- the extent practicable— or part E, of title IV of the Social Security Act cies described in paragraph (7). ‘‘(A) incorporate a widely-accepted, non-pro- to meet the additional requirements imposed by ‘‘(ii) PREVIOUS IMPLEMENTATION.—For pur- prietary, searchable, computer-readable format; the amendments made by this title, the plan poses of the requirement described in clause (i), ‘‘(B) be consistent with and implement appli- shall not be regarded as failing to meet any of at least 1 of the child welfare program improve- cable accounting principles; and the additional requirements before the 1st day of ment policies to be implemented by the State ‘‘(C) be capable of being continually upgraded the 1st calendar quarter beginning after the first shall be a policy that the State has not pre- as necessary. regular session of the State legislature that be- viously implemented as of the date on which the ‘‘(3) INCORPORATION OF NONPROPRIETARY gins after the date of the enactment of this Act. State submits an application to conduct the STANDARDS.—In designating reporting standards If the State has a 2-year legislative session, each demonstration project. under this subsection, the Secretary shall, to the year of the session is deemed to be a separate ‘‘(iii) IMPLEMENTATION REVIEW.—The Sec- extent practicable, incorporate existing non- regular session of the State legislature. retary may terminate the authority of a State to

VerDate Mar 15 2010 02:24 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A21SE7.012 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6295 conduct a demonstration project under this sec- ‘‘(I) The inclusion in the State plan under sec- described in paragraph (1), and an assurance tion if, after the 3-year period following ap- tion 471 of a description of State procedures that the State will provide an accounting of proval of the demonstration project, the State for— that same spending for each year of an ap- has not made significant progress in imple- ‘‘(i) ensuring that youth in foster care who proved demonstration project; and’’; menting the child welfare program improvement have attained age 16 are engaged in discussions, (4) by redesignating subsection (g) as sub- policies proposed by the State under clause (i).’’; including during the development of the transi- section (h); (C) in paragraph (5), by inserting ‘‘and the tion plans required under paragraphs (1)(D) (5) by striking subsection (f) and inserting the ability of the State to implement a corrective ac- and (5)(H) of section 475, that explore whether following: tion plan approved under section 1123A’’ before the youth wishes to reconnect with the youth’s ‘‘(f) EVALUATIONS.—Each State authorized to the period; and biological family, including parents, grand- conduct a demonstration project under this sec- (D) by adding at the end the following: parents, and siblings, and, if so, what skills and tion shall obtain an evaluation by an inde- ‘‘(6) INAPPLICABILITY OF RANDOM ASSIGNMENT strategies the youth will need to successfully pendent contractor of the effectiveness of the FOR CONTROL GROUPS AS A FACTOR FOR AP- and safely reconnect with those family members; project, using an evaluation design approved by PROVAL OF DEMONSTRATION PROJECTS.—For pur- ‘‘(ii) providing appropriate guidance and serv- the Secretary which provides for— poses of evaluating an application to conduct a ices to youth whom affirm an intent to recon- ‘‘(1) comparison of methods of service delivery demonstration project under this section, the nect with biological family members on how to under the project, and such methods under a Secretary shall not take into consideration successfully and safely manage such reconnec- State plan or plans, with respect to efficiency, whether such project requires random assign- tions; and economy, and any other appropriate measures ment of children and families to groups served ‘‘(iii) making, when appropriate, efforts to in- of program management; under the project and to control groups. clude biological family members in such re- ‘‘(2) comparison of outcomes for children and ‘‘(7) CHILD WELFARE PROGRAM IMPROVEMENT connection efforts. families (and groups of children and families) POLICIES.—For purposes of paragraph (3)(C), ‘‘(J) The establishment of one or more of the under the project, and such outcomes under a the child welfare program improvement policies following programs designed to prevent infants, State plan or plans, for purposes of assessing described in this paragraph are the following: children, and youth from entering foster care or the effectiveness of the project in achieving pro- ‘‘(A) The establishment of a bill of rights for to provide permanency for infants, children, gram goals; and infants, children, and youth in foster care that and youth in foster care: ‘‘(3) any other information that the Secretary is widely shared and clearly outlines protections ‘‘(i) An intensive family finding program. may require. for infants, children, and youth, such as assur- ‘‘(ii) A kinship navigator program. ‘‘(g) REPORTS.— ing frequent visits with parents, siblings, and ‘‘(iii) A family counseling program, such as a ‘‘(1) STATE REPORTS; PUBLIC AVAILABILITY.— caseworkers, access to attorneys, and participa- family group decision-making program, and Each State authorized to conduct a demonstra- tion in age-appropriate extracurricular activi- which may include in-home peer support for tion project under this section shall— ties, and procedures for ensuring the protections families. ‘‘(A) submit periodic reports to the Secretary are provided. ‘‘(iv) A comprehensive family-based substance on the specific programs, activities, and strate- ‘‘(B) The development and implementation of abuse treatment program. gies used to improve outcomes for infants, chil- a plan for meeting the health and mental health ‘‘(v) A program under which special efforts dren, youth, and families and the results needs of infants, children, and youth in foster are made to identify and address domestic vio- achieved for infants, children, and youth dur- care that includes ensuring that the provision of lence that endangers infants, children, and ing the conduct of the demonstration project, in- health and mental health care is child-specific, youth and puts them at risk of entering foster cluding with respect to those infants, children, comprehensive, appropriate, and consistent care. (through means such as ensuring the infant, ‘‘(vi) A mentoring program. and youth who are prevented from entering fos- ter care, infants, children, and youth in foster child, or youth has a medical home, regular ‘‘(8) DEFINITIONS.—In this subsection— wellness medical visits, and addressing the issue ‘‘(A) the term ‘youth’ means, with respect to a care, and infants, children, and youth who of trauma, when appropriate). State, an individual who has attained age 12 move from foster care to permanent families; ‘‘(C) The inclusion in the State plan under but has not attained the age at which an indi- and section 471 of an amendment implementing the vidual is no longer considered to be a child ‘‘(B) post a copy of each such report on the option under subsection (a)(28) of that section to under the State plans under parts B and E of website for the State child welfare program con- enter into kinship guardianship assistance title IV, and current with the submission of the report to the agreements. ‘‘(B) the term ‘long-term therapeutic family Secretary. ‘‘(D) The election under the State plan under treatment center’ means a State licensed or cer- ‘‘(2) REPORTS TO CONGRESS.—The Secretary section 471 to define a ‘child’ for purposes of the tified program that enables parents and their shall submit to the Committee on Ways and provision of foster care maintenance payments, children to live together in a safe environment Means of the House of Representatives and the adoption assistance payments, and kinship for a period of not less than 6 months and pro- Committee on Finance of the Senate— guardianship assistance payments, so as to in- vides, on-site or by referral, substance abuse ‘‘(A) periodic reports based on the State re- clude individuals described in each of sub- treatment services, children’s early intervention ports submitted under paragraph (1); and clauses (I), (II), and (III) of section 475(8)(B)(i) services, family counseling, legal services, med- ‘‘(B) a report based on the results of the State who have not attained age 21. ical care, mental health services, nursery and evaluations required under subsection (f) that ‘‘(E) The development and implementation of preschool, parenting skills training, pediatric includes an analysis of the results of such eval- a plan that ensures congregate care is used ap- care, prenatal care, sexual abuse therapy, re- uations and such recommendations for adminis- propriately and reduces the placement of chil- lapse prevention, transportation, and job or vo- trative or legislative changes as the Secretary dren and youth in such care. cational training or classes leading to a sec- determines appropriate.’’; and ‘‘(F) Of those infants, children, and youth in ondary school diploma or a certificate of general (6) by adding at the end the following: out-of-home placements, substantially increas- equivalence.’’; ‘‘(i) INDIAN TRIBES OPERATING IV–E PRO- ing the number of cases of siblings who are in (2) by striking subsection (d) and inserting the GRAMS CONSIDERED STATES.—An Indian tribe, the same foster care, kinship guardianship, or following: tribal organization, or tribal consortium that adoptive placement, above the number of such ‘‘(d) DURATION OF DEMONSTRATION.— has elected to operate a program under part E cases in fiscal year 2008. ‘‘(1) IN GENERAL.—Subject to paragraph (2), a of title IV in accordance with section 479B shall ‘‘(G) The development and implementation of demonstration project under this section may be be considered a State for purposes of this sec- a plan to improve the recruitment and retention conducted for not more than 5 years, unless in tion.’’. of high quality foster family homes trained to the judgment of the Secretary, the demonstra- TITLE III—BUDGET PROVISIONS help assist infants, children, and youth swiftly tion project should be allowed to continue. SEC. 301. BUDGETARY EFFECTS. secure permanent families. Supports for foster ‘‘(2) TERMINATION OF AUTHORITY.—In no families under such a plan may include increas- event shall a demonstration project under this The budgetary effects of this Act, for the pur- ing maintenance payments to more adequately section be conducted after September 30, 2019.’’; pose of complying with the Statutory Pay-As- meet the needs of infants, children, and youth (3) in subsection (e)— You-Go Act of 2010, shall be determined by ref- in foster care and expanding training, respite (A) in paragraph (1), by striking ‘‘(which erence to the latest statement titled ‘‘Budgetary care, and other support services for foster par- shall provide,’’ and all that follows before the Effects of PAYGO Legislation’’ for this Act, sub- ents. semicolon; mitted for printing in the Congressional Record ‘‘(H) The establishment of procedures de- (B) by striking ‘‘and’’ at the end of paragraph by the Chairman of the Senate Budget Com- signed to assist youth as they prepare for their (6); mittee, provided that such statement has been transition out of foster care, such as arranging (C) by redesignating paragraph (7) as para- submitted prior to the vote on passage. for participation in age-appropriate extra-cur- graph (8); and The SPEAKER pro tempore. Pursu- ricular activities, providing appropriate access (D) by inserting after paragraph (6) the fol- ant to the rule, the gentleman from to cell phones, computers, and opportunities to lowing: Kentucky (Mr. DAVIS) and the gen- obtain a driver’s license, providing notification ‘‘(7) an accounting of any additional Federal, of all sibling placements if siblings are in care State, and local investments made, as well as tleman from Texas (Mr. DOGGETT) each and sibling location if siblings are out of care, any private investments made in coordination will control 20 minutes. and providing counseling and financial support with the State, during the 2 fiscal years pre- The Chair recognizes the gentleman for post-secondary education. ceding the application to provide the services from Kentucky.

VerDate Mar 15 2010 02:24 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.012 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6296 CONGRESSIONAL RECORD — HOUSE September 21, 2011 GENERAL LEAVE Families); the National Foster Care Co- PCSAO, Mr. DAVIS of Kentucky. I ask unani- alition; the Child Welfare League of Columbus, OH, September 14, 2011. mous consent that all Members have 5 America; the Children’s Defense Fund; Hon. MAX BAUCUS, Chairman, Senate Finance Committee, U.S. Sen- legislative days in which to revise and the Center for the Study of Social Pol- extend their remarks and to include ex- ate, Washington, DC. icy; and the Public Children Services traneous material on the subject of the Hon. GEOFF DAVIS, bill under consideration. Association of Ohio. Chairman, Subcommitte on Human Resources, The SPEAKER pro tempore. Is there NATIONAL FOSTER CARE COALITION, House of Representatives, Washington, DC. objection to the request of the gen- Washington, DC, September 13, 2011. Hon. ORRIN HATCH, Ranking Member, Senate Finance Committee, tleman from Kentucky? Hon. MAX BAUCUS, There was no objection. Chairman, Senate Finance Committee, U.S. Sen- U.S. Senate, Washington, DC. Mr. DAVIS of Kentucky. Mr. Speak- ate, Washington, DC. Hon. LLOYD DOGGETT, er, I yield myself such time as I may Hon. GEOFF DAVIS, Ranking Member, Subcommitte on Human Re- sources, House of Representatives, Wash- consume. Chairman, Subcommittee on Human Resources, House of Representatives, Washington, DC. ington, DC. I rise today in support of H.R. 2883, DEAR CHAIRMAN BAUCUS, RANKING MEMBER Hon. ORRIN HATCH, the Child and Family Services Im- HATCH, CHAIRMAN DAVIS AND RANKING MEM- Ranking Member, Senate Finance Committee, provement and Innovation Act, a bill BER DOGGETT: Public Children Services Asso- that continues a tradition of biparti- U.S. Senate, Washington, DC. ciation of Ohio supports The Child and Fam- sanship in crafting child welfare legis- Hon. LLOYD DOGGETT, ily Services Improvement and Innovation Ranking Member, Subcommittee on Human Re- lation. Act of 2011. The bill we’re considering today re- sources, House of Representatives, Wash- As a state that has shown improved out- ington, DC. authorizes two important child welfare comes related to our budget neutral Title IV–E Protect Ohio Waiver (Ohio leads the na- programs, incorporating a series of im- DEAR CHAIRMAN BAUCUS, RANKING MEMBER HATCH, CHAIRMAN DAVIS AND RANKING MEM- tion with a 43% Safe Reduction in the num- provements developed during hearings ber of children in foster care between 2002– BER DOGGETT: The National Foster Care Coa- held by the Ways and Means Sub- 2010; AFCARS data), we strongly support lition extends its support to the reforms committee on Human Resources over Congress’ recognition that children and fam- the past few months. made through the Child and Family Services ilies in other States can also benefit from In addition to continuing and making Improvement and Innovation Act of 2011. Title IV–E Waivers allowing flexible funding. improvements to two major child wel- In these challenging times we still believe We encourage you to consider broader child fare programs, this bill also renews au- important reforms can be made with the welfare funding reform in the near future. child welfare system. Waiver provisions pro- Ohio’s child welfare system is also ex- thority for the Secretary of Health and tremely supportive of reauthorization of the vide an opportunity for states to strengthen Human Services to approve child wel- Stephanie Tubbs Jones Child Welfare Serv- fare waivers during the next 3 years. their child welfare systems in some very im- ices and Promoting Safe and Stable Families Past waivers have allowed States to portant ways. programs under the present funding. Ensur- test new and better ways of helping We appreciate and support the inclusion of ing funds to strengthen families—keeping children at risk of abuse and neglect. important provisions we highlighted includ- them intact, reunifying or finding and sup- Earlier this year, the House unani- ing: Greater attention placed on the care and porting alternate permanent families—is es- mously passed legislation renewing the development of infants and toddlers who sential for our children’s well being. We know that children grow best in stable, per- this authority, but the Senate has not come into contact with the child welfare sys- manent families. followed suit. tem. Continuation of the substance abuse The Court Improvement Program in Ohio This bill, which our colleagues in the grants and that these grants will have a has aided in reforming our system. Courts Senate also support and which was fa- broader substance abuse focus. Funding for play a critical role in decision making and vorably reported by the Senate Fi- child welfare workforce development and the oversight related to child safety and perma- nance Committee yesterday, will allow accompanying requirements on monthly vis- nency, and the CIP in Ohio has focused on innovation to continue and may yield its to children in foster care. Additional clar- timeliness, improving procedures, focused information to improve child welfare ification on the state tracking and reporting well being oversight and adapting court phi- programs in the future. The bill will of the adoption maintenance-of-effort provi- losophy and procedure as more children are raised by kinship families. also establish a process to create need- sions as enacted by PL 110–351 will provide a Ohio is struggling with too many children ed data standards in child welfare pro- greater assurance that more funds are re-in- coming into foster care due to pervasive ad- grams. This language is a first step to- vested into state child welfare systems. Clar- dictions to prescription pain killers, heroin, wards improving collaboration between ification of the education protection for chil- and other substances—we support the sub- social service programs. dren in foster care. Provisions that will help stance abuse grants part of this bill, and ap- We have often heard in hearings that address issue young people in foster care face preciate the broader application for various States and programs within States with identity theft. Attention to youth substances, to allow time-limited treatment have difficulty coordinating services rights, participation in transition planning, services so children can safely reunify with recovered parents. because of difficulty sharing data, and and connections with birth family members. Ohio is ready to embrace other bill provi- that this lack of coordination increases We also support the increased attention to sions such as addressing issues for foster costs and decreases effectiveness. This tracking the use of psychotropic medica- children and youth including prevention of bill directs the Secretary of HHS to tions, the increased focus on addressing trau- identity theft and improving transitional work with the States to establish na- ma, the new study on the recruitment of fos- youth planning, improving educational out- tional data standards so that all State ter, adoptive and kin parents and we want to comes, strengthening sibling connections, and addressing the developmental needs of child welfare programs are speaking extend our assistance in addressing the chal- infants and toddlers in foster care. Our Child the same language. lenges of making improvements to data col- Fatality Review system already strives to To show the wide support for this lection and data matching. review all available data and apply lessons bill, Mr. Speaker, I would like to insert We appreciate your efforts to move the and recommend improved policy to prevent letters of support into the RECORD from Child and Family Services Improvement and future child deaths, and Ohio is dedicated to the following organizations: The Na- Innovation Act of 2011 forward in a bipar- re-investing saved funds as more children be- tional Conference of State Legisla- tisan/bicameral way by the end of Sep- come eligible for Title IV–E Adoption Assist- tures; the American Public Human tember. The National Foster Care Coalition ance funds. Services Association; the Conference of We appreciate your efforts to move The will promote this legislation among its Child and Family Services Improvement and Chief Justices and the Conference of membership and is pleased to provide any as- Innovation Act of 2011 forward in a bipar- State Court Administrators; the Amer- sistance in moving the legislation forward. tisan/bicameral way by the end of Sep- ican Institute of CPAs; the American Sincerely, tember, 2011. As elected and representative Humane Association; the North Amer- THE NATIONAL FOSTER CARE COALITION. Trustees of Public Children Services Asso- ican Council on Adoptable Children; ciation of Ohio, we urge Congress to prompt- Voice for Adoption; the Association on ly pass this important legislation. Please contact PCSAO’s Executive Direc- American Indian Affairs; the National tor, Crystal Ward Allen, at 614–224–5802 or Indian Child Welfare Association; [email protected] with any questions, con- Youth Villages; First Focus Campaign cerns or requests. for Children; Zero to Three (The Na- Sincerely, tional Center for Infants, Toddlers and CRYSTAL WARD ALLEN,

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.042 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6297 Executive Director, PCSAO on behalf of tember 30, 2011. The program supports a with you to ensure better care for our na- Public Children Services Association of number of critical State (and eligible tribal) tion’s most vulnerable children. Ohio, 2011 Board of Trustees: child welfare activities, including family Sincerely, Chip Spinning, President/Director, Madi- preservation services, family support serv- BRUCE LESLEY. son Co. Dept. of Job & Family Services; ices, time-limited family reunification serv- Denise Stewart, Vice President/Director, ices, and adoption promotion and support CWLA, Mahoning County Children Services; services. Washington, DC, September 15, 2011. Randall Muth, JD, Secretary/Director, PSSF is a relatively small funding stream Hon. GEOFF DAVIS, Wayne County Children Services; compared to the open-ended entitlement for Chairman, Subcommittee on Human Resources, Moira Weir, Treasurer/Director, Hamilton foster care under SSA Title IV-E, but is still Longworth, Washington, DC. Co. Dept. of Job & Family Services; critical to the work of State social service Hon. LLOYD DOGGETT, Scott Ferris/Director, Allen County Chil- agencies given that it may be used to provide Ranking Member, Subcommittee on Human Re- dren Services; services to children and families in need and sources, Longworth, Washington, DC. Andrea Reik/Director, Athens County Chil- to help keep families together. In contrast to DEAR CHAIRMAN DAVIS AND RANKING MEM- dren Services; the bulk of federal child welfare funding, BER DOGGETT: On behalf of the Child Welfare Dwayne Pielech/Director Belmont Co. which is targeted solely at foster care, PSSF League of America (CWLA) and our public Dept. of Job & Family Services; seeks to prevent child abuse and neglect, and private member agencies that work di- Kate Offenberger/Director, Carroll Co. avoiding the removal of children in the first rectly with abused, neglected, and vulnerable Dept. of Job & Family Services; place while supporting timely reunification. children, youth, and their families, this let- Catherine Hill/Director Hocking County These funds are often combined with other ter is in support of the Child and Family Children Services; State and local resources as well as private Services Improvement and Innovation Act Teresa Alt/Director, Huron Co. Dept. of Job funds, and support a range of services, in- (HR 2883) to reauthorize Title IV–B of the So- & Family Services; cial Security Act and restore the authority June Cannon/Director, Miami County Chil- cluding parenting classes that promote com- petencies and positive relationship skills; of the U.S. Department of Health and Human dren Services; Services (HHS) to authorize demonstration Gary Crow/Director, Lorain County Chil- home-visiting services for at-risk parents as well as other family-based services; respite projects via a waiver of Title IV–E. CWLA dren Services; members are located in all fifty states and Corey Walker/Director Paulding Co. Dept. care for caregivers of children with special needs; and a range of other innovative pro- provide a range of child welfare services of Job & Family Services; from prevention to placement and perma- Lisa Wiltshire/Director, Scioto County grams and services for at-risk families. Ac- cording to the FY 2009 National Child Abuse nency services including child protection, Children Services; family support and preservation, adoptions, and Neglect Data System (NCANDS), states John Saros, JD/Director, Summit County foster care, kinship care, and treatment reported that they provided prevention serv- Children Services. services provided in residential settings. As a ices to more than three million children. non-profit leadership and membership-based PSSF allowed states to pay for services to 30 FIRST FOCUS child welfare organization, CWLA is com- percent of those children. These are critical CAMPAIGN FOR CHILDREN, mitted to engaging people everywhere in en- services and we believe that the reauthoriza- Washington, DC, September 15, 2011. suring that all children and youth have the tion of PSSF will only strengthen the pro- Hon. MAX BAUCUS, support that they need to grow into healthy gram and its core goals, ensuring its success Chairman, Senate Finance Committee, contributing members of society. U.S.Senate, Washington, DC. for years to come. Part I, Child Welfare Services (CWS) pro- Hon. GEOFF DAVIS, We also applaud your efforts to ensure that vides critical flexible funding for a broad Chairman, Subcommittee on Human Resources, child welfare waiver demonstration projects range of services designed to support, pre- House of Representatives, Washington, DC. are reauthorized and remain a critical vehi- serve, and/or reunite children and their fami- Hon. ORRIN HATCH, cle for promoting flexibility while fostering lies. While we know that prevention services Ranking Member, Senate Finance Committee, innovation in practice at the state level. We are underfunded, in light of current aus- U.S. Senate, Washington, DC. are especially pleased that the bill author- terity we acknowledge that the maintenance Hon. LLOYD DOGGETT, izes ten new demonstration projects annu- of this program’s $325 million authorization Ranking Member, Subcommittee on Human Re- ally for a duration of five years. While we is positive. However, with the expectation of sources, House of Representatives, Wash- would urge you to consider extending waiver further cuts to discretionary funding levels ington, DC. authority beyond FY 2014, we are encouraged over the next decade, it is critical to reit- DEAR CHAIRMAN BAUCUS, RANKING MEMBER by your efforts to ensure that demonstra- erate within this context that vulnerable HATCH, CHAIRMAN DAVIS AND RANKING MEM- tions projects continue in the near term. Ab- children and families should be held harm- BER DOGGETT: I am writing on behalf of First sent a broader reform of the child welfare fi- less in all budget balancing strategies. Focus, a bipartisan advocacy organization nancing structure, states are in need of State Child Welfare Services Plans serve as committed to making children and their greater flexibility in the use of available fed- a lynchpin for the continuum of strategies families a priority in federal policy and eral child welfare funds. In addition to title designed to prevent and ameliorate mal- budget decisions, to thank you for your lead- IV-B programs, child welfare waiver dem- treatment. Through requirements encom- ership and commitment to moving forward onstration projects are a critical vehicle for passing case reviews, permanency planning, The Child and Family Services Improvement providing a broad array of support services program development, agency administra- and Innovation Act of 2011 in a bicameral to children and families, and promote flexi- tion, and systems collaboration activities, and bipartisan manner by the end of Sep- bility and foster innovation in practice at fundamental protections and core service tember 2011. We are pleased that the bill re- the state level. provision is ensured for the vulnerable popu- authorizes the Stephanie Tubbs Jones Child Among other provisions, we are pleased lations served with these funds. CWLA com- Welfare Services Program and the Pro- that The Child and Family Services Im- mends the subcommittee for strengthening moting Safe and Stable Families (PSSF) provement and Innovation Act includes new these plans. H.R. 2883 requires the plans to Program, and restores waiver authority to requirements for states to address the emo- respond to identified emotional trauma the Secretary of Health and Human Services. tional trauma experience by children in fos- needs associated with maltreatment and re- We hope that Congress will follow your lead ter care, adopt protocols for prescribing and moval, strengthens oversight of prescription and swiftly pass this critical legislation. monitoring psychotropic medications, and medication monitoring protocols, encour- First Focus is dedicated to the long-term describe their efforts to address the develop- ages activities to reduce time in foster care goal of substantially reducing the number of mental needs of young children in care and and address developmental needs especially children entering foster care, while working reduce their length of stay in care. The bill for children younger than five, and mandates to ensure that our existing system of care also continues grants to address substance the reporting of child maltreatment deaths. protects children and adequately meets the abuse in families with children at-risk of en- Part II, Promoting Safe and Stable Fami- needs of families in the child welfare system. tering into foster care, continues funding for lies (PSSF) is an important funding stream We are especially concerned with increasing the Court Improvement Program, and pro- for the operation of specific service cat- our federal investments in prevention efforts vides needed clarification with respect to a egories. Although the services overlap, the and providing supports and services for at- provision in the Fostering Connections to four specified categories in PSSF create im- risk families to ensure they never enter the Success and Increasing Adoptions Act re- portant distinctions in types of families in child welfare system in the first place. lated to ensuring the educational stability of need. The additional targeted activities As you know, initially created in 1993, foster children for each foster care place- bring attention and resources to pressing PSSF was reauthorized in 1997 under the ment. needs including caseworker visits, substance Adoption and Safe Families Act. The pro- First Focus stands prepared to work with abuse, court improvement, and mentoring gram was amended in 2001 and again in 2005 you to ensure swift passage of The Child and for children of prisoners. CWLA supports the as part of the Deficit Reduction Act. The Family Services Improvement and Innova- way that HR 2883 maintains this structure. 2006 Child and Family Services Improvement tion Act. We thank you for your leadership Again, while we see a need for additional re- Act extended funding for the program until on this and other issues impacting children sources, we recognize the nation’s strained 2011. It is currently authorized through Sep- and families, and look forward to working financial condition. Therefore, we appreciate

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the continuation of $200 million in discre- Director of Congressional Affairs at 202–590– ZERO TO THREE tionary funds and the room appropriators 8772 or Suzanne Ayer, Policy Associate at Washington, DC, September 19, 2011. have to fully fund the program. In recogni- 202–688–4178. Hon. GEOFF DAVIS, tion of the difficulty of increasing funding, Sincerely, Chairman, Subcommittee on Human Resources, we think it is important that HR 2883 CHRISTINE JAMES-BROWN, Committee on Ways and Means, House of amends the reporting requirements to Con- President/CEO. Representatives, Washington, DC. gress to include actual spending in addition Hon. LLOYD DOGGETT, to planned spending by service category. We SEPTEMBER 19, 2011. Ranking Member, Subcommittee on Human Re- believe that increased tracking of these Hon. GEOFF DAVIS, sources, Committee on Ways and Means, funds will further reveal that they are sup- Chairman, Subcommittee on Human Resources, House of Representatives, Washington, DC. porting necessary and effective programs for Committee on Ways and Means, House of DEAR CHAIRMAN DAVIS AND RANKING MEM- vulnerable children and families. Representatives, Washington, DC. BER DOGGETT: On behalf of Zero to Three, I Courts are an integral component of the Hon. LLOYD DOGGETT, child welfare system, providing pivotal deci- Ranking Member, Subcommittee on Human Re- write to offer our support for the Child and sions of maltreatment findings and approval sources, Committee on Ways and Means, Family Services Improvement and Innova- of permanency changes. PSSF is one of the House of Representatives, Washington, DC. tion Act (H.R. 2883) approved by the Ways few places in child welfare law where funding DEAR CHAIRMAN DAVIS AND RANKING MEM- and Means Committee last week. Zero to is provided for the courts. We appreciate BER DOGGETT: We write in support for the Three is a national nonprofit organization your receptiveness to our suggestions for the Child and Family Services Improvement and dedicated to promoting the healthy develop- continuation of the $30 million annual set- Innovation Act (H.R. 2883) and specifically to ment of infants and toddlers. We believe this aside for the Court Improvement Program express our appreciation for the provisions legislation will help ensure the well-being of and the dedication of $1 million specifically that would promote the positive develop- our most vulnerable children: infants and for tribal courts and are pleased to see them ment of very young children in the child wel- toddlers in the child welfare system. We par- both included in HR 2883. In addition, we sup- fare system. Our organizations have worked ticularly appreciate the provision requiring port the way the bill bolsters court improve- together to identify ways that all levels of state child welfare plans to include a de- ment plans by clarifying that they should in- government could better address the devel- scription of activities to address the develop- clude requirements related to concurrent opmental needs of infants and toddlers who mental needs of young children. This provi- planning and increasing and improving the sion is a tremendous step forward for chil- engagement of the entire family in court have been abused or neglected. This work re- dren whose development is threatened by processes. CWLA also applauds the enhance- sulted in the publication last spring of A Call maltreatment and, at times, foster care ment of the substance abuse and mentoring to Action on Behalf of Maltreated Infants grants under HR 2883. Because all children and Toddlers, which advocates for child wel- practices that are not informed by the affected by parental substance abuse, regard- fare policies and practices that view the care science of early brain development. Other less of the particular substance used, deserve of young children through a developmental provisions adding services to enhance child assistance, CWLA strongly agrees with the lens. We are so pleased that the legislation development and facilitate family visitation removal of the provision giving greater you have introduced would take important will also promote child well-being and heal- weight to applicants addressing meth- steps toward infusing child welfare policy ing parent-child relationships. with that developmental approach. amphetamine abuse specifically. These steps are particularly important, be- We particularly appreciate the provision CWLA welcomes the bill’s data standard- cause infants and toddlers are the most vul- requiring state child welfare plans to include ization and improved data matching section. nerable to maltreatment and comprise 31% a description of activities to address the de- We understand that the administration has of children entering foster care. The first undertaken efforts in this direction and ap- velopmental needs of young children. Early brain development occurs at life-altering three years of life are a time of rapid brain preciate the recognition in both branches of development, when the foundation for all government of the critical importance of speeds, making infants and toddlers particu- larly vulnerable to the effects of abuse and learning that follows is created. Relation- sharing information across systems. CWLA ships are the context within which early de- is also very pleased to see the changes HR neglect. Maltreatment can literally alter the chemistry of the brain, weakening its archi- velopment unfolds, so it is not surprising 2883 makes related to foster care and adop- that babies are particularly sensitive to the tion, including the clarification of the edu- tecture and placing young children at sig- effects of maltreatment. Maltreatment can cational stability requirement for children nificant risk for later cognitive, social, and literally alter the chemistry of the brain, in care, the efforts to address any credit emotional deficits. If child welfare practices weakening its architecture and placing issues for foster children at least 16 years of are not oriented toward supporting this sen- young children at risk for later cognitive, so- age, and the requirement for states to docu- sitive stage of development, as well as fami- cial, and emotional deficits. Maltreated in- ment savings from the de-link of adoption lies’ ability to nurture their children, they assistance payments. Furthermore, we sup- can compound the effects of maltreatment. fants and toddlers are four to five times port the related requirement to document Ensuring that child welfare practices are in- more likely than other young children to spending on post-adoption services. This is a formed by what we know from the science of have developmental impairments. The re- strong recognition of the importance of sup- brain development can promote early inter- moval of babies from their parents’ care, porting lasting permanency. vention that will improve the outlook for coupled with foster care practices that often Title II of the bill restores the ability of these babies and avoid the costs to both are not guided by their developmental needs, HHS to authorize demonstration projects child and society resulting from develop- can compound the effects of maltreatment. through Title IV-E waivers designed to in- mental impairments. The good news is that intervening early with crease permanency, improve outcomes, and The significance of the legislation you practices that support healthy development prevent abuse and neglect. CWLA believes have authored becomes clear when we con- can improve the outlook for these babies and that waivers can be helpful in testing and sider that infants and toddlers represent a avoid the costs to society that accompany evaluating innovative approaches within the quarter of children who are abused and ne- developmental impairments. child welfare system that have promising po- glected and almost a third of children enter- Last spring, Zero to Three joined with tential. However, CWLA does not believe ing foster care. We believe it will encourage American Humane Association, Center for states to reexamine how they are addressing that the restoration of waiver authority con- the Study of Social Policy, Child Welfare child welfare cases involving young children stitutes a comprehensive solution to the League of America, and Children’s Defense and consider steps to systematically pro- problems facing the child welfare system. Fund to issue A Call to Action on Behalf of mote positive development for vulnerable ba- More ambitious approaches to reforming the Maltreated Infants and Toddlers. This publi- bies. federal financing structure should be under- cation advocates for child welfare policies We appreciate your leadership in high- taken. Accordingly, CWLA supports the and practices at all levels of government lighting the needs of young children within bill’s three-year restoration of waiver au- that view the care of young children through federal child welfare law. We stand ready to thority while consensus on more comprehen- a developmental lens. This legislation is the help the Congress, the Administration, and sive approaches is being developed. CWLA first step in answering that call. We believe the states in building a child welfare system specifically supports the eligibility require- it will spur states to bring the science of that helps all young children realize their ments included in HR 2883. The policy condi- early brain development into their child wel- tions have the power to encourage states to potential. fare systems. We applaud your leadership in implement practices that will improve their Sincerely, infusing this perspective into federal child child welfare systems and the lives of those AMERICAN HUMANE welfare law and promoting positive develop- within them. ASSOCIATION, ment for vulnerable babies. CWLA appreciates your leadership in CENTER FOR THE STUDY OF crafting this important legislation. HR 2883 SOCIAL POLICY, Thank you for all you do for young chil- makes positive improvements to IV–B and CHILD WELFARE LEAGUE OF dren who face great adversity in their lives. IV–E of the Social Security Act and we sup- AMERICA, Sincerely, port its passage. If you have any follow up CHILDREN’S DEFENSE FUND, MATTHEW E. MELMED, questions, feel free to contact Sean Hughes, ZERO TO THREE. Executive Director.

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That’s why I’m working with me on this legislation the legislation that we are renewing. so supportive of this bill, because it is and for his efforts to improve how we In my home State of Texas, the Pro- not just an extension of the program; it serve children and families across the moting Safe and Stable Families Act has some important and targeted inno- country. accounts for a very significant source vations. Finally, I want to note that this leg- of funding to help our youngest Tex- Some States, especially my home islation does not add to the deficit ans. According to one of our witnesses State of Washington, have some truly since it simply extends current funding in committee, Dr. Jane Burstain of the new ideas about how they can do more levels of the programs that are ex- Center for Public Policy Priorities in to prevent children being put into fos- tended. Austin, funding from this program ac- ter care even in tough economic times. I urge all of my colleagues to support counted for $2 of every $3 supporting One of the real innovations of this bill this legislation, and I reserve the bal- child abuse and neglect prevention pro- is to give States waivers for some gov- ance of my time. grams last year. In San Antonio, for ernmental funding restrictions so that Mr. DOGGETT. I yield myself 5 min- example, these programs provide im- they can test these innovative inter- utes. portant resources to help vulnerable ventions in their child welfare pro- Mr. Speaker, the chairman, Mr. families through the Bexar County grams. If the States can maintain their DAVIS, is correct. We have worked on Child Welfare Board. current quality and if the innovations this together. We have participated in This bill also grants States support they want to try meet solid criteria, hearings and have learned together and for parental substance abuse programs. the Federal Government should be a cooperated on this very important sub- My friend Darlene Byrne, a district partner in making real progress. That’s ject to which we may bring differing judge in Austin, Texas, who helped es- what these new waivers do. perspectives but a common goal of tablish the Family Treatment Drug Washington State is one of the lead- wanting to respond to the needs of Court that was partially funded by dol- ers in innovating child welfare policy, America’s most vulnerable children. lars from this act that we’re renewing, and it has some things it has been I believe that this bipartisan legisla- writes that she has seen new babies eager to try out. Right now, the law tion which I do fully support, is impor- who are not drug positive, moms and doesn’t allow for this kind of experi- tant; however, it is also important to couples reunify with their families, and mentation, but this bill gives States a understand what we support and where workers receive their GEDs or high way to begin. Washington State is not we have differences and to understand school diplomas and find employment. alone. There is room for 10 States to what this legislation accomplishes and Those are the people that these pro- have these kinds of programs. There what it fails to accomplish. This bill is grams help. are some States already ready to make certainly preferable to allowing two In short, she says that this program these moves. very important laws to expire next has contributed in transforming lives Now, the Department of Health and week. and in helping to stop the cycle of drug Human Services allowed this kind of Each year, over 700,000 children here abuse, poverty, and violence in Texas. thing in the past, but it was allowed to in America become victims of abuse It is important both to those who ben- lapse. This is really an extension of and neglect, perpetrated by the very efit directly and to all of us who have something we’ve had before. HHS was people who are supposed to love and a stake in having folks participate to allowed to give out a number of waiv- care for them. I think most Americans, the full extent of their God-given po- ers in the past, and some progress was as do my wife, Libby, and I, when we’re tential, not posing dangers to the rest made in a number of States. This bill back home in Texas and surrounded by of our society. restores that limited waiver authority Clara, Zayla, and Ella, our three grand- Today’s legislation also includes, as and sets out criteria to keep the integ- daughters, believe it’s just almost in- Mr. DAVIS indicated, some modest pol- rity and level of effort they need to comprehensible that parents or grand- icy changes that strengthen the States’ have. We need to allow these States to parents could cause harm to a member abilities to respond to at-risk children. do it. of their own families. Yet that is the Mr. Speaker, the bill, I believe, leaves In addition to extending the program reality that too many of our children too many problems unresolved. I think, and making more room for innovation, face. One expert came to our com- though, in this current climate that the bill does something else that’s real- mittee during the hearing and sug- the renewal of the legislation as it’s ly important. In 2008, we passed the gested that, once every 6 hours of every proposed is the best that we can do for Fostering Connections and Increasing day, a child dies in America as a result our at-risk children. This bill reauthor- Adoptions law. This Fostering Connec- of abuse. izes help to at least some children who tions law did a lot of good in helping I agree that both the Child Welfare become victims of maltreatment. It foster kids have a better chance of Services and the Promoting Safe and provides family support and activities truly making it in this country. Stable Families laws should be re- to some vulnerable families, and it pro- Among other things, it addressed the newed for another 5 years. I disagree motes adoption services for those chil- health concerns of foster children who that these programs should be contin- dren who cannot safely return to their moved from home to home and from ued at their current baseline funding biological parents. health care setting to health care set- levels since, with need growing and I urge my colleagues to support this ting, and it required States to develop funding limited, too many of our most legislation, and I reserve the balance of health coordination plans for these vulnerable children cannot access the my time. kids so that they had some continuity services that they so desperately need. Mr. DAVIS of Kentucky. I continue of care. These plans had to include These are the children whose neglect to reserve the balance of my time. oversight of prescription medications, not only produces problems for them, Mr. DOGGETT. I yield 4 minutes to including psychotropic drugs. but will produce more problems for all the former chair of this Subcommittee As a psychiatrist who has worked of American society in the future. on Human Resources, the gentleman with children in child welfare and the They are the children we should be from Washington (Mr. MCDERMOTT). juvenile justice system, I am very con- helping today so that we are not incar- Mr. MCDERMOTT. Mr. Speaker, I cerned about the use of psychotropic cerating them after they have done rise in strong support of this bill to drugs. It has bothered me for a long harm to someone tomorrow. renew the Nation’s child welfare pro- time. In the fostering care population, Less than half of the children in fos- grams. I’m glad to see this happening it is a particularly vulnerable group be- ter care in America today receive fed- as it has in the past by unanimous con- cause of this question of continuity of eral assistance to help with the room sent, and it’s important not just to care. You want somebody to be moni- and board. Today, 40 percent of chil- keep these programs funded and re- toring what’s happening as they move dren who are found to be victims of newed. With more than one in five chil- from home to home to home. We need

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I am very pleased with the comments intact. of my colleague, Mr. MCDERMOTT, who b 1340 I thank both gentlemen, the chair, talked about the use of psychotropics, and the ranking member for their out- One of the parts about this whole law and I would just add that, in too many standing support of this provision. that’s crazy is that when a kid gets to cases, the children are prescribed mul- Mr. DAVIS of Kentucky. I continue 18 they could be on a medication. When tiple medications. And in talking with to reserve the balance of my time. they hit 18, they’re done. Their Med- a number of youth up and down the Mr. DOGGETT. I yield myself the icaid ends. They have no continuity of State of California, one of the things balance of my time. the drugs. They go off cold turkey. So that many youths said to me was, Can there’s some real questions that we Mr. Speaker, some in this House have you please help me get off the medica- suggested earlier in the year that the need to answer here. tion. This bill takes the 2008 requirements programs embodied in this legislation, I would like to thank Ways and and everything else that opens oppor- another step forward and it requires Means Chairman CAMP, Ranking Mem- States to adopt protocols for using and tunities through government support ber LEVIN, Human Resources Sub- from Pell Grants to Title I funding for monitoring psychotropic medications committee Chair GEOFF DAVIS, and among foster children. education to the school lunch program Ranking Member DOGGETT for their un- to Head Start, that all of these are Mr. Speaker, I speak strongly in wavering commitment to our most vul- favor of the bill and urge my colleagues ‘‘welfare’’ and should be cut. Fortu- nerable youth. nately, that approach is not being to say ‘‘yea.’’ Mr. DAVIS of Kentucky. I continue Mr. DAVIS of Kentucky. I continue taken here today. We are reauthor- to reserve the balance of my time. izing, in a bipartisan way, these two to reserve the balance of my time. Mr. DOGGETT. Mr. Speaker, I yield 2 very important programs that would Mr. DOGGETT. I yield 2 minutes to minutes to my colleague from Rhode expire next week. my colleague from California (Ms. Island (Mr. LANGEVIN), who has been Mr. Speaker, however, it should be BASS), one of the leaders on this sub- very active in a Foster Youth Finan- noted that, much like somebody might ject of foster children, who came and cial Security Act. testified to our committee based on her (Mr. LANGEVIN asked and was given be flatlined, we are flat funding the re- long experience working in the State of permission to revise and extend his re- newal of these programs, meaning that California in the assembly on this sub- marks.) in 5 years we are authorizing the same ject. Mr. LANGEVIN. I thank the gen- amount of money for these programs, if Ms. BASS of California. Mr. Speaker, tleman for yielding. it can be appropriated, that existed I rise today in strong support of H.R. Mr. Speaker, I rise in strong support last year. That means that there are 2883, the Child and Family Services Im- of the Child and Family Services Im- many needs in our country that will provement and Innovation Act. As co- provement and Innovation Act. not be fully addressed in this legisla- chair of the bipartisan Congressional This bill includes a provision from tion. It means that last year, if less Caucus on Foster Care, I am proud to the Foster Youth Financial Security than half of those in foster care re- stand with my colleagues on both sides Act that I introduced with my col- ceived support for food and board, they of the aisle in support of this impor- league from California (Mr. STARK) to will be in the same situation over the tant legislation. address disturbingly high rates of iden- course of this legislation. It means Youth in the child welfare system tity theft among foster youth. I, along that the 40 percent of children who are fight for what so many of us take for with many others, was absolutely out- subject to abuse and neglect are un- granted—a family. In California, my raged to find that foster children are likely to be able to access services as home State, the Nation’s largest foster disproportionately victims of identity they were last year. care system in any given year, as many theft since their personal information But renewing this legislation re- as 100,000 children can be placed in passes through so many hands. mains, despite those deficiencies, an temporary out-of-home care. Foster Mr. Speaker, as I saw firsthand when important accomplishment in the cur- parents and relatives are the frontline my parents welcomed foster youth into rent political environment. And, as Mr. caregivers for children when their par- our home over many years, they al- DAVIS and a number of other speakers ents are unable to care for them. ready faced tremendous obstacles with- have noted, we have made some modest A pool of dedicated, loving foster par- out the increased threat of having improvements. ents is critical for our Nation’s foster their identity taken and their credit Another of those not touched on yet youth as they wait to be reunited with ruined, which prevents them from find- is our work in this legislation to en- their parents or achieve permanency ing a place to live, accessing credit on sure that children in foster care can with a relative caregiver or adoptive their own, or obtaining other basic stay in the schools that they started family. However, there is a significant needs. in, even though they may be moved be- shortage of foster parents. This bill would ensure that each fos- tween families. That’s an important In May, I introduced legislation call- ter youth over 16 years of age receives part of adding a little certainty to the ing for a study to find out how to best free credit checks before leaving the lives of children who have been abused recruit and retain foster parents. This system and assistance clearing any in- or neglected and find themselves with a was included in the original House bill accuracies that may have come to great deal of uncertainty. reauthorizing title IV–B child welfare light. Reports have shown that if done It is for the improvements in this act programs introduced in August. I’m effectively, the cost is minimal. and the recognition of what harm pleased that the modified bill before us I want to thank, Mr. Speaker, the would be done if this act were not today includes a provision that encour- committee for their interest in this adopted here in a bipartisan way that ages States to develop and implement issue and the many advocates who have so many child advocacy groups have a plan to improve the recruitment and championed this cause. This is only the joined in supporting it—the Child Wel- retention of high-quality foster family first step in providing foster youth the fare League of America, First Focus, homes. tools that they need and deserve to Zero to Three—as well as groups of H.R. 2883 builds on some of the best succeed, and I look forward to our con- those organizations that are involved practices that were shared with me as tinued work together on this issue. in administering some of these funds: I’ve traveled California hearing from As I pointed out so many times, the the National Conference of State Leg- youth, child welfare workers, and par- kids in foster care already face signifi- islatures, the American Public Human ents. The bill also appropriately ad- cant challenges of their own of a per- Services Association, and the Con- dresses challenges facing the child wel- sonal nature. It is a shame that their ference of State Court Administrators.

VerDate Mar 15 2010 03:02 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.044 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6301 b 1350 glect. We applaud Congressmen Davis and issue. This legislation provides for the exten- Doggett for crafting this legislation. sion of the important Promoting Safe and I believe this legislation is impor- Sincerely, Stable Families program as well as critical tant. It’s important to get it adopted WILLIAM T. POUND, authority for the Department of Health and promptly. I hope the Senate will re- Executive Director, NCSL. Human Services to extend the Title IV–E spond to our bipartisan approval today, waiver program, which has demonstrated NATIONAL INDIAN as Mr. DAVIS has suggested they have substantial impact since creation in 1994. already begun to do in the committee CHILD WELFARE ASSOCIATION, These waivers provide states with greater Portland, OR, September 13, 2011. flexibility in the use of Federal funds for al- process, and move forward to see it Hon. GEOFF DAVIS, Chair, ternative services and supports that promote fully adopted by next week. I urge all Hon. LLOYD DOGGETT, Ranking Member, safety, permanency and well-being for chil- of my colleagues to join in supporting House Ways and Means Subcommittee on dren in the child protection and foster care this legislation, and I yield back the Human Resources. system. balance of my time. Hon. MAX BAUCUS, Chair, Youth Villages is a leader in innovative Mr. DAVIS of Kentucky. Mr. Speak- Hon. ORRIN HATCH, Ranking Member, and effective services for troubled youth and Senate Finance Committee. er, I am grateful to my friend, the gen- their families. Since 2008, Youth Villages has DEAR REPRESENTATIVES DAVIS AND DOG- had the opportunity to work collaboratively tleman from Texas (Mr. DOGGETT), for GETT AND SENATORS BAUCUS AND HATCH: The with several local, privatized child welfare working with me to bring this measure National Indian Child Welfare Association organizations, known as Community Based to the floor today and thank him and (NICWA) writes this letter in support of the Care agencies in implementing Florida’s thank both the majority and minority Child and Family Services Improvement and Title IV–E waiver. Youth Villages has three staffs for their hard work on this ef- Innovation Act (HR 2883/S 1542) which would offices in Florida and is working with local fort. H.R. 2883 is a bipartisan, bi- reauthorize programs under Title IV–B of the entities to implement our intensive in-home Social Security Act—Stephanie Tubbs Jones cameral, no-cost effort to extend and Intercept services, identify and serve under- Child Welfare Services; Promoting Safe and served or ‘stuck’ populations, and provide make modest adjustments to programs Stable Families; Regional Partnerships on designed to help ensure the safety and them with outcome data to support the im- substance abuse; and the Court Improvement pact of their waiver effort. well-being of children at risk of abuse Program. and neglect. We need to do all we can Committee staff on both sides of the aisle As a result of the flexibility afforded by has been most open to meeting with us, and the Title IV–E waiver, intensive reunifica- to ensure more children remain safely tion and targeted prevention services are in their homes, and this bill will help we thank them for their hard work and in- terest in more heavily involving Indian and given greater focus in the state’s child wel- to do so. Alaska Native communities in these pro- fare service approach. Without the award of NATIONAL CONFERENCE grams. We especially thank Sonja Nesbit, the waiver, it would have been difficult for OF STATE LEGISLATURES, Ryan Martin, Diedra Henry-Spires, and Youth Villages to expand its Intercept pro- September 13, 2011. Becky Shipp. gram into the state to serve the child wel- Hon. DAVE CAMP, NICWA has worked on several reauthoriza- fare population. In the three years that Chairman, House Ways & Means, Cannon tions of Title IV–B, notably in 2006 when a Youth Villages has been operating in Flor- House Office Building, Washington, DC. number of improvements were enacted re- ida, we have served over 300 children across Hon. SANDY LEVIN, garding tribal participation. The 2006 Act in- the Central and Southern regions of the Ranking Member, House Ways & Means, Long- creased tribal allocations and provided com- state at a significantly lower cost than tra- worth House Office Building, Washington, mon sense flexibility for tribal administra- ditional child welfare placement services. DC. tion of the programs. More importantly, they have achieved such DEAR CHAIRMAN CAMP AND REPRESENTATIVE In fiscal year 2011, 170 tribes/tribal organi- outcomes as: over 70% of children still at LEVIN: On behalf of the National Conference zations received $6.2 million from the Child home, over 80% having graduated or actively of State Legislatures (NCSL), we urge you to Welfare Services Program and 126 tribes/trib- engaged in school, and over 80% having had support H.R. 2883, a bill to renew the author- al consortia received $11 million from the no trouble with the law six months after dis- ity of the Secretary of the Department of Promoting Safe and Stable Families Pro- charge from services. Health and Human Services to approve dem- gram. In addition, tribes are the lead grantee Youth Villages pledges its full support of onstration projects designed to test innova- in six of the 53 Regional Partnerships sub- H.R. 2883, as this legislation has the ability tive strategies in state child welfare pro- stance abuse grants. to transform the child welfare system from grams and reauthorizing the Promoting Safe The Title IV–B program that has bypassed one that incentivizes out-of-home placement and Stable Families (PSSF) program. Con- tribes is the Court Improvement Program to a system that promotes in-home treat- gressmen Geoff Davis and Lloyd Doggett and we are most grateful for the break- ment and family unification. have fashioned bipartisan legislation that through on this matter in the Child and Regards, helps create opportunities to enhance the Family Services Improvement and Innova- PATRICK LAWLER, state-federal partnership to assist our na- tion Act. The bill would, for the first time, CEO, Youth Villages. tion’s most vulnerable children. make tribes eligible to apply for competitive grants for this program and would allocate NCSL supports reinstating and expanding VOICE FOR ADOPTION, $1 million annually for this purpose. There is federal waiver authority so that states can Washington, DC, September 14, 2011. a great need in Indian Country for assistance test the results of increased funding flexi- Hon. MAX BAUCUS, for tribal courts work in the area of child bility on the development of service alter- Hart Senate Office Building, U.S. Senate, welfare. We also appreciate the provision natives and on the overall delivery of child Washington, DC. which would allow tribes operating Title IV– welfare services. This allows states to target Hon. GEOFF DAVIS, E (Foster Care and Adoption Assistance) pro- programs to address the needs of their Longworth House Office Building, House of grams to apply for waivers for child welfare youngest citizens. By renewing and extend- Representatives, Washington, DC. demonstration projects. ing Title IV–E waiver authority through Hon. ORRIN HATCH, 2014, H.R. 2883 will give states an enhanced Again, thank you. We look forward to con- tinuing to work with you on child welfare Hart Senate Office Building, U.S. Senate, ability to provide early intervention and cri- Washington, DC. sis intervention services that will safely re- matters. Sincerely, Hon. LLOYD DOGGETT, duce out-of-home placements and improve Cannon House Office Building, House of Rep- child outcomes. TERRY L. CROSS, Executive Director. resentatives, Washington, DC. NCSL supports the reauthorization of the DEAR CHAIRMEN BAUCUS AND DAVIS AND PSSF program. The PSSF program enhances YOUTH VILLAGES, RANKING MEMBERS HATCH AND DOGGETT: On state efforts to develop additional family September 13, 2011. behalf of Voice for Adoption’s members I am preservation, family reunification, and fam- Hon. GEOFF DAVIS, Chairman, writing to thank you for your leadership and ily support programs. We appreciate the Ways and Means Subcommittee on Human Re- your bipartisan and bicameral effort to in- flexibility provided to states in H.R. 2883 and sources, Longworth House Office Building, troduce the Child and Family Services Im- that the legislation does not preempt cur- Washington, DC. provement and Innovation Act (S. 1542/H.R. rent state laws. Hon. LLOYD DOGGETT, Ranking Member, 2883). Voice for Adoption (VFA) is a member- H.R. 2883 will allow states to improve the Ways and Means Subcommittee on Human Re- ship advocacy organization; we speak out for quality of their child welfare interventions sources, Longworth House Office Building, our nation’s 107,000 waiting children in foster and reinvest savings in their programs. It Washington, DC. care. Our members, who are spread across will also provide both state and federal legis- DEAR CHAIRMAN DAVIS AND RANKING MEM- the country, recruit families to adopt chil- lators tools to develop innovative an effec- BER DOGGETT: On behalf of Youth Villages, I dren and youth with special needs. VFA tive approaches to transform the lives of am writing in support of your bill, H.R. 2883, members also provide vital support services children who are at risk of abuse and ne- and to thank you for your leadership on this both before and after adoption finalization to

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.050 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6302 CONGRESSIONAL RECORD — HOUSE September 21, 2011 help adoptive families through the chal- million for competitive Court Improvement Once again we restate our appreciation of lenges they often face raising children with Program grants to Indian tribal courts and your efforts to move this forward in a bipar- painful pasts. allow tribes operating Title IV–E programs tisan fashion with all due speed. Please feel Voice for Adoption supports this legisla- to apply for waivers for child welfare dem- free to reach out to the American Humane tion, which acts to reauthorize two major onstration projects. We also appreciate and Association for any additional assistance in child welfare programs, the Stephanie Tubbs support the language that would make the moving forward with this legislation and Jones Child Welfare Services Program and definition of Indian tribes consistent in both other matters before your committees. the Promoting Safe and Stable Families Parts 1 and 2 of Title 1V–B. Sincerely, (PSSF) program. Under the PSSF program Once again, thank you for your support of JOHN SCIAMANNA, the adoption promotion and support services this legislation and these tribal issues and to Director, Policy and Government Affairs, category provides funding to recruit and sup- the House and Senate staff (Sonja Nesbit, Child Welfare. port families for children who are waiting to Ryan Wilson, Diedra Henry-Spires and Becky be adopted. Shipp) that have been so helpful in this proc- NORTH AMERICAN COUNCIL We commend the authors of this bill for ess. ON ADOPTABLE CHILDREN, not only acting in a bipartisan/bicameral Sincerely, St. Paul, MN, September 16, 2011. manner, but also for making potentially im- JACK F. TROPE, Hon. GEOFF DAVIS, pacting improvements in the reauthorization Executive Director. Longworth House Office Building, House of of these programs. We applaud the strength- Representatives, Washington, DC. ening of language that requires states to AMERICAN HUMANE ASSOCIATION, Hon. LLOYD DOGGETT, document the use of dollars saved from the September 14, 2011. Cannon House Office Building, House of Rep- federal adoption assistance de-link, created Hon. GEOFF DAVIS, resentatives, Washington, DC. under the Fostering Connections to Success Chairman, Subcommittee on Human Resources, DEAR REPRESENTATIVES DAVIS AND DOG- and Increasing Adoptions Act of 2008 (P.L. House of Representatives. GETT: On behalf of the North American Coun- 110–351). Voice for Adoption hopes that Hon. MAX BAUCUS, Chairman, Finance Committee, U.S. Senate. cil on Adoptable Children (NACAC), I am through future guidance States are encour- writing to express our support for the Child aged to spend a portion of these adoption de- Hon. LLOYD DOGGETT, Ranking Member, Subcommittee on Human Re- and Family Services Improvement and Inno- link funds on post-adoption support services. vation Act (H.R. 2883). We are grateful for VFA also supports other important improve- sources, House of Representatives. Hon. ORRIN HATCH, your leadership in introducing this impor- ments made in the bill including: the re- Ranking Member, Finance Committee, U.S. Sen- tant legislation and strongly believe it will quirement for better reporting on post-adop- ate. improve the lives of vulnerable children and tion services spending and transparency to DEAR CHAIRMAN DAVIS, CONGRESSMAN DOG- their families. access this data, the requirement of States GETT, CHAIRMAN BAUCUS AND SENATOR HATCH: to address the developmental needs of young NACAC is an adoption support and advo- American Humane Association extends its children and reducing their amount of time cacy organization with more than 1,000 mem- support to the reforms made through the spent in foster care, the requirement of bers nationwide. We represent adoptive and Child and Family Services Improvement and States to address emotional trauma and the foster parents, adoptees, adoption profes- Innovation Act. clarification of educational protections for sionals, parent support groups, and adoption Through the joint efforts of the House and children in foster care, the requirement for agencies and organizations. Since 1974, we Senate and the leadership of both parties, we state protocols and procedures relating to have supported the right of every child to believe you have written a strong bill to re- the use of psychotropic medications, ID theft have a permanent, loving family and advo- authorize the Child Welfare Services and issues for foster youth, inclusion of state cated for adoptive families to receive nec- Promoting Safe and Stable Families pro- waivers and measures that include quality of essary supportive services. grams (Title IV–B part 1 and part 2). care improvements for foster children. In testifying last June in the United States NACAC strongly supports the Stephanie Voice for Adoption is proud to support this House of Representatives, the American Hu- Tubbs Jones Child Welfare Services Program bipartisan/bicameral legislation, as it exists mane Association outlined a number of im- and the Promoting Safe and Stable Families to reauthorize programs that protect chil- portant changes that could be made through (PSSF) program. In particular, we are happy dren and families and promote both perma- this reauthorization. We appreciate and sup- that the PSSF program has required states nency and support for children in foster care. port the inclusion of many of those rec- to designate at least 20 percent of the funds We are also happy to inform and encourage ommendations as well as several other provi- to adoption support and promotion services. our members to support this bill. These funds have been used across the coun- Sincerely, sions in this legislation that we believe will assist children and families touched by the try to recruit families for foster children NICOLE DOBBINS, who cannot return home and to support fam- Executive Director. child welfare system. Some of the key provi- sions of this bill that we see as particularly ilies raising these children with special important include: needs. ASSOCIATION ON AMERICAN INDIAN AFFAIRS, The greater attention placed on the care We were pleased that H.R. 2883 will con- Rockville, MD, September 14, 2011. and the development of infants and toddlers tinue these valuable efforts while also add- Re H.R. 2883 and S. 1542. who come into contact with the child welfare ing several enhancements. We strongly sup- system; port requiring states to document how they Hon. MAX BAUCUS, Chair, Hon. ORRIN HATCH, Ranking Member, The continuation of the substance abuse spend the funds reinvested as a result of the Senate Finance Committee. grants and that these grants will have a maintenance of effort provision of the Fos- Hon. GEOFF DAVIS, Chair, broader substance abuse focus; tering Connections to Success and Increasing Hon. LLOYD DOGGETT, Ranking Member, The bill’s continued funding for child wel- Adoptions Act of 2008, which expanded fed- House Ways and Means Committee, Sub- fare workforce development, the stronger eral eligibility for Title IV–E adoption as- committee on Human Resources. language on workforce support and the ac- sistance. In addition, however, NACAC would DEAR SENATORS BAUCUS AND HATCH AND companying requirements on monthly visits recommend that the legislation require REPRESENTATIVES DAVIS AND DOGGETT: to children in foster care; states to spend a portion of these reinvest- Thank you for your introduction of H.R. 2883 The clarification on the state tracking and ment funds on post-adoption services. Since and S. 1542, the Child and Family Services reporting of the adoption maintenance-of-ef- special needs adoptions generate this addi- Improvement and Innovation Act. The Asso- fort provisions as enacted by PL 110–351 (Fos- tional revenue for states, it is reasonable to ciation on American Indian Affairs (AAIA) tering Connections Act); request that a specific portion of the funds strongly supports this legislation. The clarification on access to education be invested in post-adoption services. As you AAIA is an 89 year old Indian advocacy or- for children in foster care; well know, the majority of children adopted ganization located in South Dakota and The continuation of court improvement from foster care have significant special Maryland and governed by an all-Native funding; and needs, and post-adoption services ensure American Board of Directors. We have been The attention paid to the problem of iden- these children have the best chance of being involved with Indian child welfare issues for tity theft for children and youth in foster adopted and for living successfully in safe decades, including working closely with the care. and stable families. House and Senate on tribal provisions in the In addition there are several other im- Again, we thank you for your commitment Child and Family Services Improvement Act provements in this legislation in regard to to children and families through your intro- of 2006 and the Fostering Connections to reports by the Department of Health and duction of the Child and Family Services Im- Success and Promoting Adoptions Act of Human Services and the extension of waiver provement and Innovation Act. 2008. authority which we have also talked posi- Sincerely, We are particularly supportive of the pro- tively of in past statements to both the JOE KROLL, visions in both bills that would allocate $1 House and Senate Committees. Ececutive Director.

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AMERICAN PUBLIC ments as this bill expands the program to 10 hance comparability of such information for HUMAN SERVICES ASSOCIATION, new demonstration projects. In these current DHHS, the Congress, and other stakeholders September 16, 2011. budgetary times, it is critical for new waiver who need to monitor and analyze the use of Hon. MAX BAUCUS, states to innovate their practices and service these funds. Chairman, Senate Finance Committee, U.S. Sen- array, while current waiver states increase Thank you again for your leadership on ate, Washington, DC. the knowledge and evidentiary base for pro- this important issue. We are also happy to Hon. GEOFF DAVIS, grams and practices that work. discuss with you additional areas where im- Chairman, Subcommittee on Human Resources, APHSA also fully supports reauthorization plementation of data standards can further House of Representatives, Washington, DC. of the Court Improvement Program. The enhance reporting and make it more valu- Hon. ORRIN HATCH, Court Improvement Program allows our able to all types of stakeholders of data. If Ranking Member, Senate Finance Committee, member agencies to work in close partner- you have any questions, or if we can be of U.S. Senate, Washington, DC. ship with their state and local judicial sys- any further assistance, please contact Diana Huntress Deem. Hon. LLOYD DOGGETT, tem to meet the safety, permanency and Ranking Member, Subcommittee on Human Re- well-being needs of children in a timely and Sincerely, sources, House of Representatives, Wash- complete manner. This program also sup- BARRY C. MELANCON, CPA, ington, DC. ports the essential cross-system training of President and CEO. DEAR CHAIRMAN BAUCUS, RANKING MEMBER judges, attorneys and other legal representa- HATCH, CHAIRMAN DAVIS AND RANKING MEM- tives in child welfare cases. CONFERENCE OF CHIEF JUSTICES, BER DOGGETT: On behalf of the American Once again, we look forward to continuing CONFERENCE OF STATE COURT AD- Public Human Services Association the work of improving services and outcomes MINISTRATORS, (APHSA), I write to thank you for your lead- for at risk children. We continue to be avail- Washington, DC. ership in introducing the Child and Family able as a resource as regulations and guid- Re Child and Family Services Act (HR 2883). Services Improvement and Innovation Act of ance is developed to meet the provisions of Hon. GEOFF DAVIS, 2011. This legislation addresses the impor- the Child and Family Services Improvement House of Representatives, Longworth House Of- tance of prevention programs and support of and Innovations Act of 2011. fice Building, Washington, DC. community-based services for children and Sincerely, Hon. LLOYD DOGGETT, families at risk or in crisis, including TRACY L. WAREING, House of Representatives, Cannon House Office through extending grant authority to the Executive Director. Building, Washington, DC. Department of Health and Human Services DEAR CHAIRMAN DAVIS AND RANKING MEM- (HHS) for new child welfare waivers through AMERICAN INSTITUTE OF CPAS, BER DOGGETT: On behalf of the Conference of 2014. This legislation also reinforces Washington, DC, September 20, 2011. Chief Justices and the Conference of State Congress’s recognition of the need for state Re The Child and Family Services Improve- Court Administrators, we write to support flexibility and accountability to enable pub- ment and Innovation Act, H.R. 2883. the Child and Family Services Act that in- lic agencies to be good stewards of public cludes reauthorization of the three Court Im- funds and to manage performance, self-cor- Hon. GEOFF DAVIS, provement Program (CIP) grant programs rect, innovate and enhance their ability to Chairman, Subcommittee on Human Resources through FY 2016 at the current $30 million achieve positive outcomes. of the Committee on Ways and Means, level. The three Court Improvement Pro- The Child and Family Services Improve- House of Representatives Washington, DC. gram (CIP) grant programs are critical for ment and Innovation Act reauthorizes two Hon. LLOYD DOGGETT, state courts as they provide the only federal essential prevention and family support pro- Ranking Member, Subcommittee on Human Re- funds to state courts for the purpose of im- grams and outlines key improvements to sources of the Committee on Ways and proving state court oversight of abuse and child welfare practices designed to improve Means, House of Representatives, Wash- neglect cases; and have been invaluable in outcomes for at-risk children, youth and ington, DC. assisting courts to improve and expedite our families. APHSA members appreciate the DEAR CHAIRMAN DAVIS AND RANKING MEM- processes and procedures. These funds have changes to the current methodology for cal- BER DOGGETT: On behalf of the 377,000 mem- resulted in abused and neglected children culating monthly caseworker visits. These bers of the American Institute of Certified moving more expeditiously to safe and per- provisions are closely linked with the rec- Public Accountants (AICPA), I am writing in manent homes and improved outcomes for ommendations that APHSA and The Na- support of your legislation, H.R. 2883, the children in need of protection. Our work, tional Association of Public Child Welfare ‘‘Child and Family Services Improvement however, is not complete, so the reauthoriza- Administrators (NAPCWA) presented before and Innovation Act.’’ The bill calls for grant- tion of these funds will allow us to continue the House Ways and Means Subcommittee on ees of Federal funds under the Child Welfare our work to improve results for these chil- Human Resources during the ‘‘Hearing on Services program and the Safe and Stable dren. We appreciate the new purpose which Protecting At-Risk Youth.’’ The change in program to report certain data to the De- would allow CIP funds to be used ‘‘to in- calculation will not only better reflect partment of Health and Human Services crease and improve engagement of the entire states’ performance on this indicator, but (DHHS), and for DHHS to develop a rule des- family in court processes relating to child also highlight the diligent efforts made by ignating standard data elements and data re- welfare, family preservation, family reunifi- casework staff. porting requirements for the information to APHSA and our member agencies fully be reported. The legislation specifies that cation, and adoption’’. This new purpose pro- vides state courts with greater flexibility in support the efforts to address children’s emo- DHHS ‘‘shall, to the extent practicable, in- the use of the funds. We also support the pro- tional and behavioral health needs and wel- corporate existing nonproprietary standards, vision that would allow state courts to sub- come stronger, more collaborative partner- such as eXtensible Business Reporting Lan- mit a single application for the three CIP ships with other agencies across the human guage (XBRL).’’ grants. This will allow state courts to elimi- service continuum to meet the enhanced The use of data tagging to enhance both nate duplicative paperwork and reporting, data and tracking provisions outlined in the the transparency and the ability to analyze which will free up time for reform efforts. bill. financial and other data has been proved APHSA also fully supports the renewal and time and time again. XBRL provides a de- While the legislation reduces the amount of funds available to state courts, we do under- expansion of the HHS Secretary’s authority tailed yet customizable approach to gath- stand the need to also provide financial as- to grant waivers for states to flexibly use ering data and will provide significant trans- parency to the Federal government and the sistance to tribal courts. IV–E funds to test innovative strategies in Thank you again for your efforts on behalf American people regarding the use of tax- child welfare programs. Earlier this year, of state courts. If we can provide you with payer funds. APHSA provided comments, concerns and additional information, please do not hesi- XBRL has been used for a number of years recommendations to the previous House and tate to contact us or Kay Farley, who is with by the Federal government in areas such as Senate proposed waiver bills (H.R 1194 and S. the Government Relations Office of the Na- Federal Deposit Insurance Corporation call 1013) and are pleased to see that the current tional Center for State Courts. reports and public company financial report- bill includes provisions consistent with our Sincerely, member states’ practices, as well as new pro- ing to the Securities and Exchange Commis- CHIEF JUDGE ERIC T. visions that conform to our member states’ sion. Importantly, such standardized busi- WASHINGTON, ness reporting is also expanding in both the views. President, Conference APHSA members are pleased to see the United States by state governmental agen- of Chief Justices. time period to operate a waiver expanded to cies and worldwide, where data standards are ROSALYN W. FRIERSON, five years. We are also pleased to see that being leveraged to significantly reduce the President, Conference states can apply for a waiver by imple- compliance reporting burden and, at the of State Court Ad- menting two program improvement areas same time, enhance the usability and trans- ministrators. and that only one of them needs to be a new parency of reported information. Including program. APHSA also appreciates the clari- provisions to require reporting of informa- Mr. Speaker, I yield back the balance fication that states currently operating tion under the Child and Family Services of my time. waivers and successfully achieving outcomes Improvement and Innovation Act will make Mr. STARK. Mr. Speaker, I rise in support of will be allowed to continue those improve- the reporting process more efficient and en- the Child and Family Services Improvement

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\A21SE7.033 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6304 CONGRESSIONAL RECORD — HOUSE September 21, 2011 and Innovation Act (H.R. 2883). This legisla- There are an estimated 12 million foster the gentleman from Kentucky (Mr. tion shows that we can work together across care alumni in the U.S. representing all walks DAVIS) that the House suspend the the aisle to improve our child welfare system. of life. Each and every one of the 12 million rules and pass the bill, H.R. 2883, as Yet this bill is just one step in our ongoing ef- alumni has a story of their struggles, chal- amended. forts to fix the foster care system. In this time lenges and success. The Foster care system The question was taken. of unacceptable poverty and inequality, we is supposed to ensure that children are cared The SPEAKER pro tempore. In the must continue to support families in order to for by members of our communities on a full- opinion of the Chair, two-thirds being prevent kids from being neglected or abused. time or temporary basis when their parents in the affirmative, the ayes have it. As we debate how to shrink our debt, we must are unable to provide adequate care. Often Mr. DAVIS of Kentucky. Mr. Speak- also ensure that preserving and improving the the natural parents cannot provide for a child’s er, on that I demand the yeas and nays. safety net that protects our children is a higher care for a variety of reasons such as due to The yeas and nays were ordered. priority than protecting special interest tax incarceration, physical or mental illness, be- The SPEAKER pro tempore. Pursu- breaks. havioral difficulties, or problems within the ant to clause 8 of rule XX, further pro- Despite the fact that I am not on the Human family environment. These issues may include ceedings on this question will be post- Resources Subcommittee for the first time in child abuse, alcoholism, extreme poverty, or poned. many years, I am pleased that my colleagues crime. These children often become wards of f still listen to some of my ideas. Last year, the State and we have the responsibility to Congressman LANGEVIN and I introduced a bill protect their interests and to ensure they are PROVIDING FOR CONSIDERATION to reduce the high number of foster youth who provided with the care they need. OF SENATE AMENDMENT TO H.R. are victims of identity theft and are unable to If even a single child continues to be 2608, CONTINUING APPROPRIA- secure student loans or even get a credit card. abused or neglected while under state super- TIONS ACT, 2012 Today’s legislation includes a provision from vision then that is one child too many. This Mr. WOODALL. Mr. Speaker, by di- our bill that will provide youth who are about legislation, although not ideal, is a valid at- rection of the Committee on Rules, I to age out of foster care with a copy of their tempt to address the needs of families in cri- call up House Resolution 405 and ask credit report as well as resources to help clear sis. In 2001, an estimated 903,000 U.S. chil- for its immediate consideration. up any credit issues. This provision is what I dren were found to be victims of abuse or ne- The Clerk read the resolution, as fol- hope is the first movement toward ensuring glect. This number is above the estimated lows: that foster youth leave the system with a clean 879,000 child maltreatment victims in 2000 but H. RES. 405 financial slate and a chance to succeed. below the annual estimated highs of more There are many important provisions in to- Resolved, That upon adoption of this reso- than 1 million child maltreatment victims re- lution it shall be in order to take from the day’s bill: maintaining a set-aside to support corded through the mid-1990s. For the year Speaker’s table the bill (H.R. 2608) to provide caseworker visits with foster children; decreas- 2001, States reported 59 percent of these vic- for an additional temporary extension of pro- ing the overuse of psychotropic drugs on fos- tims experienced neglect, compared to 63 per- grams under the Small Business Act and the ter youth, and improving education stability for cent in 2000 and 58 percent in 1999. The per- Small Business Investment Act of 1958, and children in care. centage of physical abuse and sexual abuse for other purposes, with the Senate amend- Children in foster care are our collective re- victims has declined over the past 5 years but ment thereto, and to consider in the House, sponsibility. The reforms made in this bill will held constant between 2000 and 2001. These without intervention of any point of order, a make children safer. I thank the Chairman, the children need our protection. There are over motion offered by the chair of the Com- mittee on Appropriations or his designee ranking Member, and all the staff involved in 500,000 children in foster care and with this crafting this legislation and I urge my col- that the House concur in the Senate amend- economic downturn I hope this number does ment with the amendment printed in the re- leagues to support it today. not keep on rising. But hope is not enough, port of the Committee on Rules accom- Ms. JACKSON LEE of Texas. Mr. Speaker, we need to continue to fund programs to help panying this resolution. The Senate amend- I rise today in support of H.R. 2883, ‘‘The these children and their families. ment and the motion shall be considered as Child and Family Services Improvement and The size of the foster care caseload rises or read. The motion shall be debatable for one Innovation Act,’’ which reauthorize Title IV–B falls depending upon both the number of en- hour equally divided and controlled by the of the Social Security Act, including the Pro- tries to foster care—children who are removed chair and ranking minority member of the moting Safe and Stable Families and Child from their homes in a given year—and the Committee on Appropriations. The previous question shall be considered as ordered on Welfare Services programs, while also rein- number of exits in that same year—children stating the authority of the U.S. Department of the motion to its adoption without inter- reunited with their families, adopted, emanci- vening motion. Health and Human Services to authorize pated, or placed in another permanent setting. SEC. 2. House Resolution 399 is laid on the States to implement innovative demonstration The number of entries to foster care has out- table. programs through Title IV–E waivers. paced the number of exits for two decades. As Chair of the Congressional Children’s The SPEAKER pro tempore. The gen- Accountability is key, children who received tleman from Georgia is recognized for 1 Caucus, I have been a stalwart supporter of ‘‘services from Child Protective Services died protecting the health and welfare of children hour. as a result of abuse 16 times more often than Mr. WOODALL. Thank you, Mr. and families. Today there are more than children in the general population 16.3 percent 463,000 children and youth that are in out-of- Speaker. of all fatalities were children who had received For the purpose of debate only, I home care. Every day, more than a half mil- services or were ’known to the system’. These lion U.S. children are in the foster care system yield the customary 30 minutes to the children were already in a high risk category gentlelady from New York (Ms. with over 120,000 waiting to be adopted. With however, we must do our best to transform SLAUGHTER), pending which I yield my- no permanent legal guardians, they are our these numbers and ensure their safety. Cur- Nation’s children, and we have a responsibility self such time as I may consume. Dur- rently at least 716 thousand children received ing consideration of this resolution, all to ensure a bright future for those who are ‘‘services’’ (28 States reporting) or 1 percent time is yielded for the purpose of de- handed a rough start in life. Foster children of the general population. If CPS intervention bate only. like all children deserve a safe environment to had no effect, 1 percent of this group would grow and nourish in. This piece of legislation have suffered a fatality; if CPS intervention GENERAL LEAVE is a step in the right direction in addressing had made an improvement, the percentage Mr. WOODALL. I ask unanimous con- the needs of our Nation’s children when they would be less than 1 percent. However, it is sent that all Members may have 5 leg- need our help the most. There are many silent 16.3 times that amount. (18 States reporting) islative days in which to revise and ex- heroes who have opened their homes and At this time children are again bearing the tend their remarks. taken on the role of foster parents, social brunt of families in crisis. When a household The SPEAKER pro tempore. Is there workers, mentors, caregivers and volunteers falls into poverty, children are exposed to in- objection to the request of the gen- to the children in this Nation. These young creased parental distress, inadequate tleman from Georgia? kids need to know someone is looking out for childcare arrangements, and poor nutrition. There was no objection. them and supporting legislation like the Child This will lead to an increase of families need- Mr. WOODALL. Mr. Speaker, House and Family Services Improvement and Innova- ing child welfare services. For these reasons Resolution 405 provides for a closed tion Act provides these silent heroes with addi- I support this legislation. rule for the consideration of H.R. 2608. tional resources and requirements to meet the The SPEAKER pro tempore. The It’s a temporary continuing resolution needs of children in care. question is on the motion offered by that will fund the operations of the

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.038 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6305 United States Government through No- the people’s House. This is where we are facing in the House. If the press vember 18 of this year. It is important thoughtful discussion of the people’s reports are accurate, we may be headed to note that the funding levels in this priorities takes place. for an even bigger failure in November. CR are the very same fiscally respon- What brings me to the floor today is In recent days, reports have surfaced sible levels that this Congress and to consider this continuing resolution that the majority plans to fund the en- President Barack Obama approved in that for just 11⁄2 short months, through tire Federal Government with one mas- the Budget Control Act just 1 month November 18, will extend the oper- sive, trillion-dollar omnibus bill. ago. This is not a departure from our ations of the government so we can This bill would explicitly break a path of restoring fiscal sanity, Mr. continue that thoughtful discussion promise that the Republican majority Speaker. We are committed to con- that I know so many of the Members made to the American people. In the tinuing on that path. But, unfortu- here came for. Pledge to America, their leadership in- nately, the actions of the other body With that, I urge my colleagues to cluded a goal entitled ‘‘advance legisla- leave us no choice but to consider this thoughtfully consider this rule today, tive issues one at a time.’’ In the docu- continuing resolution today. thoughtfully consider the underlying ment they explain, ‘‘we will end the I take no pride, Mr. Speaker, in shar- bill; and I reserve the balance of my practice of packaging unpopular bills ing with you—actually, that’s not true. time. with must-pass legislation to cir- That’s not true at all. I take great Ms. SLAUGHTER. I thank my col- cumvent the will of the American peo- pride in sharing with you what the league for yielding me the customary ple. Instead, we will pass major legisla- House has done over the last 6 months, 30 minutes, and I yield myself such tion one issue at a time.’’ 7 months, 8 months; but I take no pride time as I may consume. During a speech at the American En- Mr. Speaker, we are here today be- at all in pointing out what has not hap- terprise Institute in 2010, Speaker cause our colleagues in the Republican pened on the other end of this Capitol BOEHNER affirmed the need to consider majority have failed. They failed the to do the work that needs to be done. appropriations legislation one bill at a most basic responsibility of this insti- Constitutionally, we are required to time, saying he wanted to do away tution, as my colleague has mentioned, fund the operations of the government. with the concept of comprehensive to pass regular and routine bills to June 2 of this year, the House passed spending bills. On the eve of assuming keep the government’s doors open, to the Homeland Security appropriations the majority in the House, Speaker keep retirement checks in the mail, bill. To date, the Senate has not. BOEHNER elaborated, saying, ‘‘I do not and vital government services avail- On June 14 of this year, the House believe that having 2,000-page bills able to the American people. serves anyone’s best interest. Not the passed the Military Construction and In a few days the fiscal year will end; Veterans Affairs bill. This is the one and without a stopgap measure, fund- House, not for the Members and not bill that our friends in the Senate have ing for essential government services the American people.’’ But, if press re- passed as well. will run out. Despite 9 months of ports are correct, a 2,000-page bill or June 16, the House passed the Agri- claims from the Republican majority more is what we will get. Let’s be clear. The prospect of omni- culture appropriations bill. To date, that things have changed and despite a bus funding is happening for two sim- the Senate has taken no action at all. pledge to America that promised a dif- July 15, the House passed the Energy ple reasons: First, our colleagues on ferent Washington, and despite endless and Water appropriations bill. To date, the other side will not work in a bipar- calls for a regular appropriations proc- the Senate has not. tisan manner. There are no Democrat ess, not a single appropriations bill has July 22, the House passed the Legis- fingerprints on any bills that come to been enacted for the upcoming fiscal lative Branch appropriations bill. To the floor to make the compromise nec- year which begins October 1. date, the Senate has not. Throughout this failed process, the essary to reach consensus. They con- Mr. Speaker, I did not run for Con- majority has blamed everyone but tinue to pass legislation filled with gress last November, I did not show up themselves. They have pointed fingers special interest favors and ideological here as a freshman to continue busi- at President Obama, complained about pursuits that the American people ness as usual, passing continuing reso- our colleagues in the Senate, and never asked for and don’t want. As a lution after continuing resolution after blamed the Washington status quo that result, the legislation is built to fail, continuing resolution. And I know my they say they can’t control. Through- and fail it does—over and over again. friends on both sides of the aisle be- Secondly, instead of doing the tough, out the process, the one group of people lieve that’s a process which has long unglamorous, work of the House, we they won’t lay responsibility with is since exceeded its usefulness. have spent most of the time on ideolog- themselves. I am so proud that we as a body have After 9 months with not a single bill ical quests and political games. Instead begun to pass those appropriations successfully making its way through of fulfilling the pledge to uphold the bills one by one by one. And what have Congress, finger-pointing rings hollow. Constitution, the majority has worked we gotten because of that? We’ve got- Not only has no appropriations bill to fulfill campaign pledges to Grover ten oversight. We’ve had the oppor- been enacted, but half of the necessary Norquist and the far right. Instead of tunity to discuss line by line by line appropriations bills haven’t even been creating jobs, our colleagues on the what are our priorities as the House. brought to the floor for a vote. The ma- other side have spent months on end Now, those priorities differ from time jority controls this body and has used pushing a partisan agenda that has to time between my friends on the their powers to pursue sideshow legis- covered everything from the trivial to Democratic side of the aisle and my lation and dangerous games of default, the very real dangers of default. Instead of funding the Department of friends on the Republican side of the but they can’t schedule a vote for the Energy, the majority has tried to aisle, but we have an opportunity at most fundamental pieces of legislation micromanage our lightbulbs. Instead of least to discuss those priorities. that we consider every year. When the other body fails to pass the As I stand here today to vote on a funding the Nation’s schools, they appropriations bills, what choices do billion-dollar Band-Aid that will allow tried to eliminate Big Bird. Instead of we have left? What choices are avail- us to scrape by until November, the funding the EPA, they tried to sell the able to me as a new freshman Member hope is by November the majority will land surrounding the Grand Canyon to of the House? I could choose to abro- be able to do the job they failed to do the state-owned mining companies of gate responsibility. I could choose to all year. Growing up, every child hopes Russia and South Korea. Instead of say no. No, we’re just going to wait, for such a homework extension. By the funding cancer research conducted by and if the Senate fails to act, then so time we are elected to Congress, how- the NIH, they have tried, repeatedly, to be it. Let the government shut down ever, we should know that our work repeal health care reform. And instead and let the chips fall where they may. must be handed in on time. of setting a responsible budget for the That’s not the kind of operation I want next fiscal year, they brought our to run. That’s not why I came to the b 1400 economy to the brink of default and led United States Congress. I came to the Sadly, today’s legislation isn’t even to the first-ever downgrade of our Na- United States Congress because this is the biggest failure of leadership that tion’s credit.

VerDate Mar 15 2010 03:29 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.054 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6306 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Even today, our colleagues on the In closing, I urge my colleagues to ering this week, the regulatory relief other side are injecting politics into a vote ‘‘no’’ on today’s rule and the un- bill, we make every amendment that stopgap CR. Today we are considering derlying legislation, and I reserve the complied with the rules of the House in legislation that will only provide dis- balance of my time. order. So many more Democratic aster relief to hurricane victims if bil- Mr. WOODALL. Mr. Speaker, I am amendments have been made in order lions of dollars are taken from a suc- proud to yield 5 minutes to a gen- than Republican amendments on a cessful alternative energy program tleman who has presided over the most number of pieces of legislation, and that has created 39,000 jobs to date and open Rules Committee in recent mem- that’s so that we can do exactly what is poised to create 60,000 more. We were ory, not just a chairman, but my chair- my friend has said hasn’t happened, told in the Rules Committee that this man, the gentleman from California and that is work in a bipartisan way. was money simply lying there. (Mr. DREIER). Now I think that probably the single In effect, the other side of the aisle is (Mr. DREIER asked and was given largest bipartisan achievement that telling the American people that Con- permission to revise and extend his re- we’ve had in this past 9 months has gress will either help rebuild shattered marks.) been the agreement that we came to at communities or Congress will create Mr. DREIER. I thank my friend for the end of July, and that was an agree- new green jobs, but we refuse to do yielding and congratulate him on his ment that Democrats and Republicans both. This immoral approach reflects a stellar management of this very impor- alike recognized had to be addressed, House of Representatives that is void tant rule. we needed to increase the debt ceiling. of responsible leadership from those in Mr. Speaker, I’ve been listening to charge. the remarks of my very good friend and b 1410 Today I’ll do the little bit that I can distinguished colleague, the ranking We didn’t like the fact that there had to provide leadership sorely lacking minority member of the Committee on been so much spending that had taken from those in charge. Mr. Speaker, if Rules, the gentlewoman from Roch- place, but we recognized that it had to we can defeat the previous question at ester, New York (Ms. SLAUGHTER) and I be done. So Democrats and Republicans the end of this debate, I will offer an have to say that as I listen to the re- came together to make that happen. amendment to the rule to ensure that marks, I’m going to keep my hands to We have further opportunities for bi- disaster victims get the help they need. my side. I’m not going to point the fin- partisan agreement coming right down My amendment will allow Representa- ger of blame at anybody. I’m simply the pike. Democrats and Republicans, tive DINGELL to offer a motion to going to state a few facts that I think alike, have said we need to open up new strike the unacceptable House lan- are important for all the Members of markets around the world for us to cre- guage that says all disaster aid must this House to look at. ate union and nonunion jobs so that we be offset and substitute the bipartisan It’s true, the last 9 months under this can export more manufactured prod- Senate approach. Republican majority have been very ucts from the United States of America Since 2004, American taxpayers have difficult, very painful, and very chal- into these markets. And we have three spent over $3.4 billion on infrastructure lenging for us as we’ve been tackling pending trade agreements with Colom- in Afghanistan and even more in Iraq. the challenge of job creation and eco- bia, Panama, and South Korea that Not a single one of those $3.4 billion will go a long way towards doing what was held hostage or offset by any pro- nomic growth. There’s a reason that we it is Democrats and Republicans, alike, gram in our budget. But now, as many have had such a difficult time in the want to do. Americans are struggling to rebuild last 9 months here in this Congress. I’m not going to accuse a single Dem- and get their lives back to normal, the And the reason is very simple: Last ocrat of not wanting to create jobs in majority refuses to help unless they year, for the first time in nearly three this country. Everybody wants to are allowed to defund a successful pro- decades since the 1974 Budget and Im- make sure that their constituents gram they happen to dislike. Remem- poundment Act was established, we aren’t hurting, that their constituents ber, what this says is that the Amer- didn’t even have a budget proposed aren’t losing their homes, their jobs, ican public is financing the reconstruc- from the then-majority. tion of Afghanistan and Iraq with tax- And the fact that there was no budg- their businesses. I know that every- payer money, but taxpayer money et proposed in the last Congress to deal body, Democrat and Republican, alike, without an offset will not be used to with the very important spending pri- wants to make that happen. We will help the American taxpayer. That orities that we, as a Nation, needed to have an opportunity, in a bipartisan takes a lot of explaining. address, and the fact that we had not way, to do just that, Mr. Speaker, when Because the majority decided that one single appropriations bill, not one it comes to these market-opening pursuing a partisan agenda was more single appropriations bill, completed in agreements in these very, very, very important than meeting the basic the last Congress—we inherited at the important countries that will help us needs of the country, we face the pros- beginning of this year, and Democrats again create union and nonunion jobs. pect of a trillion dollar, 1,000-page bill and Republicans alike will acknowl- And I think when it comes to the to keep the government running be- edge it, we inherited a hell of a mess. It issue of job creation and income cause the other side will not stop play- was a big mess that we inherited. And growth, we need to look at the unfortu- ing politics and start governing as we guess what? We decided that we were nate mischaracterization that has been are all expected to do. This failure is a going to tackle that mess in a bipar- made time and time again of things disservice to the American people, an tisan way. like the tax cuts that have enjoyed bi- abdication of our responsibilities as My friend who has just talked about partisan support, what I call the Bush- legislators, and a shame to the expec- the need for bipartisanship, we began Obama tax cuts. tations, responsibilities and duties of in dealing with the appropriations First, the ’01 tax cuts, I will acknowl- the House. process with, as Members will recall, edge, were not real growth creators, The majority rode into Washington being here for hours and hours and but the ’03 tax cuts generated economic vowing to change the ways of the past, hours because Democrats and Repub- growth that actually enhanced the flow but over the last 9 months, the Amer- licans alike were able to put their of revenues to the Federal Treasury. ican people have witnessed a case study mark—their mark—on this spending And that’s not my speculation. All one in abandoned responsibilities and mis- bill which we, because of the lack of needs to do is simply look at the raw guided priorities. Until the Republican action in the last Congress, inherited numbers. majority begins to govern with respon- in this 9 months. In 2003, Mr. Speaker, the Federal sibility, I fear this Congress will con- And so my friend is absolutely right. Treasury had $1.782 trillion in revenues tinue to live up to the low regard our The last 9 months have not been easy. from all sources. That was in ’03. At Nation has for it, which brings shame They’ve not been easy at all. And I ap- the time we saw those tax cuts put into on us all. I urge my colleagues on the preciate the fact that she has worked place, $1.782 trillion in revenues. Up other side to stop serving their polit- in a bipartisan way in a number of until the economic downturn in 2007, ical interests, start doing bipartisan areas, because as she knows very well, we saw an increase of 44 percent in the bills, and start serving our country. the bill that we’re going to be consid- flow of revenues that came into the

VerDate Mar 15 2010 03:29 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.055 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6307 Federal Treasury to $2.567 trillion. fact, have their needs addressed, and I (Mr. LEVIN asked and was given per- Now, that’s an increase, Mr. Speaker, believe that this House, in a bipartisan mission to revise and extend his of $785 billion that came in. way, can and should and, I hope, will remarks.) The SPEAKER pro tempore (Mr. do that. Mr. LEVIN. We’ve heard a lot of rhet- BASS of New Hampshire). The time of Ms. SLAUGHTER. I am pleased to oric the first 10 minutes, or whatever, the gentleman has expired. yield 2 minutes to the gentleman from on the majority side, but rhetoric can- Mr. WOODALL. I yield the gen- Massachusetts, a member of the Rules not mask, cannot obscure reality. The tleman an additional 5 minutes. Committee, Mr. MCGOVERN. reality is this is an antijobs bill. Mr. DREIER. I thank my friend for Mr. MCGOVERN. Mr. Speaker, today In ’07, we put forth the Advanced yielding. the Republican majority has made a Technology Vehicle Manufacturing That, Mr. Speaker, was a 44 percent mockery of both the process for and loan program. It has worked. Tens of increase, increasing by $785 billion the the content of this short-term con- thousands of jobs have been created as flow in revenues from the ’03 revenue tinuing resolution. a result of that program in Michigan, flow of $1.782 trillion to the ’07 revenue Over the past several weeks, Illinois, Ohio, Indiana, Louisiana, and flow of $2.567 trillion. wildfires, floods, tornados, and earth- Florida. And so now the majority says The reason I use these numbers is quakes have brought tragedy to so they’re going to pay for this bill. How? that we all are focused on job creation many Americans, and, as it always has, By ending a program that has created and economic growth. We all know the United States Government is re- jobs. That’s the reality. It cuts it off, that increased gross domestic product sponding with vitally needed resources even though there are applications will go a long way towards dealing and support. The Senate has already pending that will create thousands of with our deficit challenges and the dif- passed a disaster relief bill twice as more jobs in the manufacturing base of ficulties that we face. And, Mr. Speak- large as the package contained in this this country, in Indiana, Missouri, er, what I want us to do is recognize CR and with the appropriate emer- Ohio, California, Michigan, and other that, as my friend from Lawrenceville gency designation. But House Repub- States. very generously said, I presided over lican leaders have decided to cut the It’s inexcusable. It’s inexcusable. more open rules than we had in the Re- Senate amount in half and tie it to an Mr. WOODALL. Will the gentleman publican Congress in the past and cer- ideologically driven offset that takes yield? tainly than we had in the 4 years that modern technology off the table for Mr. LEVIN. I yield to the gentleman preceded this. And I’m proud of that. U.S. car and vehicle manufacturers and from Georgia. I’m very proud of the fact that we’ve which could cost thousands of current Mr. WOODALL. I appreciate the gen- been able to make so many amend- and future jobs. tleman yielding. ments in order that my Democratic You may have some information that And please don’t tell me that it’s all colleagues have offered. We have a Has- we did not have in the Rules Com- about balancing the budget and ending tings amendment that we made in mittee. My understanding is that this emergency spending that isn’t paid for. order on the bill that we’re going to be program, which has billions that were The continuing resolution that we’re considering later. I’m happy that we’ve appropriated in 2008 and have not yet debating today includes money to con- done that. We will have a chance to de- been spent, not only can—— tinue the misguided war in Afghani- bate these issues and I hope come to a Mr. LEVIN. You’ve been mis- stan to the tune of $10 billion each bipartisan agreement. informed. There are millions and mil- month. None of it is paid for, not a Mr. Speaker, I will just say in closing lions of dollars that are already in the penny. It’s never been paid for. It’s al- that we have had a difficult 9 months. pipeline to be spent and applications ways been borrowed money that each My friend from Rochester is absolutely for the balance of that money. That’s a week adds billions to the deficit. If my right. It’s been a challenging 9 months. fact. And as long as Americans are hurting, Republican friends believe we don’t b 1420 it’s going to always be difficult for us need to offset billions of dollars for here. But being able to establish prior- war, then why are they demanding that So if you’ve been misinformed, I sug- ities, to come together in a bipartisan we offset disaster aid for families who gest that you go back to the Rules way, is important. were flooded out by a hurricane or Committee and take another look at This measure that we’re considering whose homes were burnt to the ground this. This is an anti-jobs bill when we today is being done at the request of by a wildfire? need jobs in the United States of Amer- the bipartisan leadership of our col- Mr. Speaker, we’ve been in Afghani- ica. leagues in the other body who want to stan for 10 years. We know how much it ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE be able to move this continuing resolu- costs. Its funding is as predictable as it The SPEAKER pro tempore. The tion through as expeditiously as pos- gets, yet each and every year money Chair will remind Members to direct sible to, as my friend from for the war receives a so-called ‘‘emer- their remarks to the Chair. Lawrenceville said, recognize that be- gency’’ designation, but responding to Mr. WOODALL. Mr. Speaker, I yield tween now and November 18 we simply unpredictable natural disasters does myself such time as I may consume to want to ensure that the resources are not? It makes no sense. And if the Re- speak to what’s inexcusable here. And I there. publican leadership has figured out a hate that that’s where we have to end I see my friend from Vermont, and I way to accurately predict the next tor- up. will say to my friend that I read and nado or earthquake, I would like to The truth of the matter is what we looked at the photographs of the flood- hear it. have down here today is the re-litiga- ing that has taken place in Vermont. It The American people are tired of the tion of something that we already liti- has been devastating. I’ve looked at hypocrisy and tired of the Republican gated in July and August, and that is the disasters that have taken place priorities that make it easier to invest that this bill today funds just until No- across this country. My State of Cali- overseas and nearly impossible to help vember 18 at the level that we, as a fornia suffers from earthquakes, fires, people here at home. body, agreed to. You may not like it, I flooding, lots of disasters. An earth- I urge my Republican friends to put may not like it, but we agreed to it: a quake was felt in this Capitol during the American people first. I urge my level that’s 1043, $1.043 trillion. That’s a the month of August. We know that colleagues to oppose this closed rule big number. That is a big number. disasters occur. We must do everything and oppose the underlying bill. This resolution today, this con- we can to address those. But calling for Mr. WOODALL. I reserve the balance tinuing resolution to get us through an $8 billion increase in spending be- of my time. November 18, does not re-litigate that yond the $1.43 trillion that this con- Ms. SLAUGHTER. Mr. Speaker, I am decision. We spent a lot of time on that tinuing resolution calls for is not the pleased to yield 2 minutes to the gen- in July and August, and again, we answer. tleman from Michigan (Mr. LEVIN), the come from different places on whether We need to prioritize to ensure that distinguished ranking member of the or not that’s the right number. I prob- those who are really suffering can, in Committee on Ways and Means. ably say it’s too high, you may say it’s

VerDate Mar 15 2010 03:29 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.057 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6308 CONGRESSIONAL RECORD — HOUSE September 21, 2011 too low, but this is simply a resolution small towns and large towns, then you have used offsets in over half of the that implements the will of this House. can appreciate it. The President came, emergency spending bills and Mr. LEVIN. Will the gentleman the Governor of the State, who is not supplementals, over half, 15 of 30, actu- yield? of my persuasion, came. They saw it ally, including war supplementals, Mr. WOODALL. I would be happy to firsthand. Homeland Security came. emergency supplementals, military yield to my friend. Mr. Fugate from FEMA came. They construction, defense supplementals, Mr. LEVIN. There is nothing in that saw it firsthand. The damage is deep, disaster relief and recovery, in 2008, for decision, nothing in that action that and it’s not going to be taken away and example, and on and on. paid for a continuing resolution that remedied within 2 weeks, 2 months, or Using offsets to pay for disaster relief will take away jobs from the businesses 2 years because the ground was so satu- is the rule here. This is not an excep- and workers of the United States of rated that trees fell without any wind, tion. And we’re only offsetting $1 bil- America, purely and simply. and are still falling. lion of it. In fact, when the Homeland Mr. WOODALL. Reclaiming my time Now, we are only one of 51 districts Security bill passed a few months ago, from my friend, you’re absolutely right affected in 15 States, and we’re talking it included this very offset, and the bill that this bill does not define where about over 30 million people. And for passed by bipartisan support through- those $1.043 trillion go, and I take issue the first time since I’ve been a Member out the body. You’ve already voted for with that too. of Congress, the other side, your side, this, and, I might add, successfully. I go back to what you called rhetoric, wants to make this conditional, the Now, on that green car fund—I’m the 10 minutes that we spent at the be- aid, so that we carve out from either going to call it that—there’s over $4 ginning where we went through line by this program or that program, which is billion this minute sitting idle in that line to talk about, golly, the work I’m immaterial at this point, the money to account, and it’s been sitting idle for 3 so proud of that you and I have done help these very people. years. The $1.5 billion rescission in sub- together, the individual appropriations The estimates are very clear as to sidies we propose will not have a sig- bills that you and I have worked how much this is going to cost, beyond nificant impact on the program, con- through together, doing what was sup- our wildest dreams. We don’t stop and trary to what some people say. All ap- posed to be done in this House. That ask those folks in Joplin, who had a plications for those loans in late-term was the time to do these things, one by huge tornado, where 160 people were stages and negotiations will not be af- one, and, golly, we did. We did. killed, we don’t say, wait till we go and fected. Talk to the agency downtown, Mr. LEVIN. Will the gentleman rob Peter in order to respond to your which we have. They will not be af- yield? emergency. fected. Mr. WOODALL. I would be happy to The fires in Texas—we have never The factory in Michigan or Indiana yield to my friend. done this on an emergency. This is an will not be affected. In total, eight Mr. LEVIN. So now you’re saying absolute disgrace because we’re all pending applications for loan guaran- we’re paying for it by taking away jobs Americans. We’re not Democrats or Re- tees totaling over $6 billion will not be from businesses and workers. That’s publicans. impacted by this offset. Michigan has what this does. You can’t hide that Why didn’t we do this, for crying out the largest stake: four applications to- fact. loud, in 2001 when we went to war? We taling $4.7 billion in loan guarantees, Mr. WOODALL. Reclaiming my time, didn’t say, let’s take from this program which are free and clear. as I’m not the chairman of the com- or that program. That was an emer- b 1430 mittee, I will quote the chairman of gency. We came up with the money and the committee, who tells us that not we sure as hell didn’t pay for it, did Other States with applications in the only can we use this offset here today, we? And now look where we are eco- queue that are safe from this round of but there remains not millions, but bil- nomically. cuts include Indiana and Louisiana. lions of dollars in the account to be We’re talking about an emergency in Now, Mr. Speaker, this bill contains used for this purpose; dollars that were our own country here, in our own $3.65 billion for immediate disaster re- appropriated, Mr. Speaker, in 2008, 3 neighborhoods. We need both sides to lief, which our people need and deserve. years ago. They remain unspent, but come together, and that’s why we As this bill works its way through the we leave them there just in case. Just formed the coalition of Democrats and process until November 18, no doubt in case. Republicans. And Republicans are not FEMA will have by then completed And what I would say to my friend is, going to vote for this either. I’m tell- their surveys and investigations of dis- if we can just get around to doing this ing you right now. So why don’t we asters and can tell Congress, through process right again, and I have great come together. They passed a clean bill the White House, how much more hope that we can, if we can get back to in the Senate. money is needed; and we’ll provide it. doing the process right, we’ll have this The SPEAKER pro tempore. The It’s covered in the debt ceiling bill that discussion not on a $1.043 trillion con- time of the gentleman has expired. passed this body a few weeks ago. tinuing resolution, and not even on a Ms. SLAUGHTER. I yield the gen- I’m telling you the Appropriations half-trillion dollar continuing resolu- tleman another 10 seconds. Committee will provide whatever relief tion, but on the Energy and Water ap- Mr. PASCRELL. This coalition is is required when we get the docu- propriations bill. We’ll be able to get going to stay strong because America mentation, which is traditional, as all back to it, and I have that great wish is more important than either party, of the Members of this body know be- for this House, Mr. Speaker. and we need to help our brothers and cause they helped prepare those inves- I reserve the balance of my time. sisters who are hurting right now, tigations. Ms. SLAUGHTER. Mr. Speaker, I many that will not return to their So this is a clean bill. This merely want to yield myself 10 seconds to say homes. They can’t. Think about that. extends the time for us to work with that I said in my opening statement Mr. WOODALL. Mr. Speaker, to cor- the Senate to perfect a continuing bill that this program has already yielded rect what may be a misunderstanding for the balance of 2012. It gives us 5 or 39,000 jobs, on its way to 60,000, which about the swiftness with which this 6 weeks, but only 3 or 4 of those weeks will not be able to be met because you Congress is reacting to those tragedies, will be available because both bodies are using this as the offset. I yield 5 minutes to the chairman of will not be here all that time. This is a I am happy to yield 2 minutes to the the Appropriations Committee, who clean bill. And it provides disaster re- gentleman from New Jersey (Mr. PAS- has moved immediately on these lief in the appropriate way. And there’s CRELL), who suffered great damage in issues, the gentleman from Kentucky plenty of money there for the imme- the hurricane. (Mr. ROGERS). diate needs that we’ve been told about Mr. PASCRELL. Look, we’re all Mr. ROGERS of Kentucky. I thank by FEMA. Americans. We’re not Democrats, Re- the gentleman for yielding. Mr. Speaker, I urge the adoption of publicans. As to the point, Mr. Speaker, of the rule and the underlying bill. You had 5,000 people evacuated in my whether or not we offset these emer- Ms. SLAUGHTER. I yield 3 minutes district. When you see the damage in gency bills, over the last 10 years, we to the gentleman from New York, a

VerDate Mar 15 2010 03:29 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.062 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6309 member of the Committee on Appro- To get back on the topic of this con- propriations Committee, the gen- priations, Mr. HINCHEY. tinuing resolution today, that is, this tleman from Kentucky (Mr. ROGERS). Mr. HINCHEY. Mr. Speaker, I rise in number that we agreed on just a month Mr. ROGERS of Kentucky. Let me opposition to the rule and more broad- ago, $1.043 trillion, to fund the oper- just reiterate. ly to the manner in which the House ations of this government. The $1 billion in the fiscal ’11 portion has dealt with disaster relief funding. Mr. Speaker, I go back and I look at of this bill is two times the amount the This year, our country has experi- emergency requests that this body has President requested. We doubled it. enced some of the worst natural disas- made. Now, I’m a freshman. I was just The amount that’s in the bill for fiscal ters in more than a generation. The elected in November, began my service 2012, $2.65 billion, is more than the ini- cost of Hurricane Irene alone is esti- in January. But over the last 10 years, tial request that was made to us by the mated to be over $1.5 billion and Trop- there have been 30 emergency and sup- White House. We’re here to tell you— ical Storm Lee’s costs are still being plemental bills passed. and I’ve repeated this now four times— tallied. Now, what I would say to my friends whatever the amount is needed that we Yet despite these overwhelming who have been here longer than I have see FEMA coming to us requesting, needs, the disaster aid included in this is perhaps if you have to do it three we’re going to provide. Now, we’ve got bill is grossly inadequate and would times a year, it’s really not a surprise. until November 18 by this extension, by not sufficiently help the millions of Perhaps we ought to be able to budget this CR, and during that period of time Americans who are recent victims of for it. we will get the documentation from floods, hurricanes, tornadoes, and And to his great credit, and to the the White House and from FEMA about wildfires. committee’s great credit, and candidly additional funds that are requested. My district took a one-two punch I would say to the House’s great credit, I assure the gentleman from New from Hurricane Irene and Tropical we are trying for the first time in a York who spoke, your concerns will be Storm Lee. In the southern tier of New long time to say you know what, we addressed during these next few weeks, York, we’ve just seen the second 500- can’t prevent tragedy. Tragedy is going and the money will be there that’s doc- year flood in 5 years both in Broome to happen. But we can plan ahead for umented from the White House and and Tioga counties. Scores of homes tragedy so that the American people from FEMA for disaster relief. We will were completely destroyed, and there have the security of knowing the mon- not let our people hurt. are over a hundred people who are still ey’s going to be there when they need Ms. SLAUGHTER. I’m going to give living in an emergency center in Bing- it. myself another second here just to say hamton not knowing when they’ll be And when I look, Mr. Speaker, at the I keep hearing that we’re all set for able to return to their homes, if they way we’re pouring money out of this next year in the budget, but who’s can return ever at all. body, I worry will the money be there going to tell Mother Nature just how Major companies have been shut when the American people need it. This much we can afford and hope that we down because their facilities are flood- budget makes sure that it does. don’t get more than that? ed. The total cost to rebuild the region Mr. HINCHEY. Will the gentleman I yield 1 minute to the gentleman will likely exceed $250 million. yield? from New Jersey (Mr. ANDREWS). In the Hudson Valley, Hurricane Mr. WOODALL. I yield to the gen- (Mr. ANDREWS asked and was given Irene caused massive power outages tleman from New York. permission to revise and extend his re- and record flooding. In Ulster County, Mr. HINCHEY. Thank you very marks.) 60 percent of residents lost power; much. I deeply appreciate it. 1440 seven bridges were destroyed. In fact, The situation that we’re dealing with b two of those bridges were just washed here is critically important. It’s harm- Mr. ANDREWS. Mr. Speaker, Amer- away and not found. ing huge numbers of people. ica has had an economic disaster and a Vegetable farmers in Ulster, Orange, What the Senate has done is an ade- natural disaster. The economic disaster and Sullivan Counties suffered dev- quate solution to this problem. They’ve is 15 million people unemployed, and astating losses; and because the crop provided the adequate funding that is then we had the natural disasters of insurance program remains wholly in- going to deal with this. There have August. This bill tries to help the nat- adequate for them, these farmers may been at least seven Republicans over ural disaster get solved by making the get no assistance at all. Ulster and Or- there in the Senate who supported that economic disaster worse. It takes a ange Counties alone have an estimated bill and voted for it. Why are you not program that has produced 39,000 pri- $62 million in agricultural losses. Yet dealing with an adequate solution to vate sector jobs and cripples it. this bill does nothing for these farmers. this problem? Why are you insisting on Now, the ostensible purpose for this And just when some of these commu- half ways, not dealing with the kinds is that we want to offset the spending nities began building from Irene, a sec- of issues that need to be dealt with? to help deal with the natural disasters ond round of flooding from Lee washed Mr. WOODALL. Reclaiming my time. we had around this country in August; away much of their hard work. Now The SPEAKER pro tempore. The gen- but on multiple occasions in the last 7 they need to start the recovery work tleman from New York will suspend. years, different administrations came again. The gentleman from Georgia has the to the Congress and asked for infra- The Senate has already passed a $7 floor. structure spending to help rebuild billion standalone disaster bill that Mr. WOODALL. I thank you, Mr. Iraq—$3.7 billion worth of it to help re- funds the President’s FEMA budget re- Speaker. build Iraq and not a penny of offset. quest and provides additional emer- Because I hope where my friend was Ladies and gentlemen, if we can vote gency assistance for the Department of going to go was an acknowledgment to spend the public’s money to rebuild Agriculture and other agencies that that this process has provided twice roads and bridges in Iraq, let’s not re- are seeing their disaster funds dwindle. the amount of disaster funding that quire an offset to rebuild roads and This is absolutely necessary. the President requested, twice that bridges in New York and Vermont and This bill that we are dealing with amount in FY11, plus it forward-funds New Jersey. The right vote is ‘‘no.’’ Re- here today is a half job. It’s playing FY12. write this bill, and do so in a way with- politics with the lives of people who Mr. Speaker, again, I am proud that out worsening our economic disaster. are desperate and are begging us to set we are trying to grapple with these Mr. WOODALL. I reserve the balance aside games and get this done. Let’s issues. There is not a person on the of my time. put an end to it now so that we can floor of this House that is saying ‘‘no’’ Ms. SLAUGHTER. Mr. Speaker, I take up the Senate’s bill so that we can to Americans in distress. What folks yield 2 minutes to the gentleman from adequately deal with this problem and are saying is ‘‘yes’’ to making sure Vermont (Mr. WELCH). We watched solve the problems for all of these peo- that when those distresses come again, Route 4 in Vermont crumble like a ple in so many ways. we budgeted for it. cookie in the rain and wash away. Mr. WOODALL. Mr. Speaker, I yield I would now like to yield 2 minutes Mr. WELCH. I thank the gentlelady myself such time as I may consume. to my friend, the chairman of the Ap- for yielding.

VerDate Mar 15 2010 03:29 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.065 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6310 CONGRESSIONAL RECORD — HOUSE September 21, 2011 This bill is not about the offset. This mitment that this bill continues to to ensure that the independent engines of bill is not about whether we’re going to make to America’s citizens. economic growth run at full throttle, I urge pay for emergency spending. We must I reserve the balance of my time. them to vote no on the rule and against this and we will. What this bill is about is Ms. SLAUGHTER. Mr. Speaker, I CR and work to get the funding the USPTO whether we’re going to help 427 resi- yield 1 minute to the gentleman from needs and that this Congress promised it dents of Pittsfield, Vermont, who were North Carolina (Mr. WATT). would have. in the wake of the wrath of Hurricane (Mr. WATT asked and was given per- Mr. WOODALL. I continue to reserve Irene. mission to revise and extend his re- the balance of my time. That flood came down and ripped marks.) Ms. SLAUGHTER. Mr. Speaker, I am their road to the north and ripped their Mr. WATT. Mr. Speaker, last Friday, pleased to yield 3 minutes to the gen- road to the south, and the water went the President signed the patent reform tleman from Michigan (Mr. DINGELL). in the middle, taking out homes and bill; but before the ink is dry on the (Mr. DINGELL asked and was given taking out public buildings. That’s the patent reform bill, the agreement that permission to revise and extend his re- selectboard—volunteers. It was that led to the passage of it that all of the marks.) volunteer fire department—volunteers. fees that are collected by the Patent Mr. DINGELL. Mr. Speaker, this bill They didn’t have time to have an argu- and Trademark Office will be used by is brought to us by people who know ment about offsets. They had to find the Patent and Trademark Office is the cost of everything and the value of out how they could get an excavator in reneged on in this continuing resolu- nothing. The hard fact of the matter is there, and if they didn’t have one, they tion. they’ve fought two wars on the credit had to borrow one. They had towns This is a job-creating bill, an innova- card. This is one of the few times that we’ve ever found that they have re- that weren’t leveraging some disputes tion-creating bill, and because we have quired offsets for emergencies, so now they might have had about whether been taking the money of the Patent we’re trying to fix a bad bill. they would turn back an excavator or and Trademark Office for years and di- verting it to the general fund, we have, I want to make the observation that earthmoving equipment to help them we have a serious problem. We have a out. They did it. They had their school in effect, imposed a tax on innovation in this country. The appropriators natural emergency, and we have people running the next day, not because they who have a lasting unemployment situ- had a school that was functional—their promised us that they were going to correct this problem, but there is noth- ation that is going to destroy the coun- kids couldn’t even get out. They did try and destroy families and people in one thing first, and that was to set up ing in this bill to address that promise. I don’t see how I can support a con- this country. school on the green. They set it up on Having said that, I am baffled as to tinuing resolution that does not honor the green. Two days after this hurri- why we are considering a measure that the commitment that was made in our cane, the kids were going to school, is going to cut funding for the Ad- patent reform bill. and their parents were making them vanced Technology Vehicle Manufac- Just last Friday, the President signed the feel secure. They couldn’t get to a pass- turing program. This is a loan program America Invents Act (AIA), a bipartisan bill that able road for several days. What did that has created or saved over 40,000 promises to stimulate innovation and create they do? They cut a path through the jobs so far, and if it’s left alone and not jobs and add fuel to our economy. The AIA woods so that, for half a mile, kids destroyed, as would be done here, it created a mechanism for USPTO, beginning in could walk and get to transportation. will create another 10,000 more by Now, they’re going to have a tab even FY2012, to access all of the fees it collects by year’s end. if we help them, and they know they allowing USPTO to notify Congress that the For all the talk in Washington on have to pay for it; but, you know, if Office will need the excess fees to support its that side of the aisle about creating your neighbor’s house is on fire and if operations and hire the staff required to re- jobs, we find that they’re out to kill you’ve got a boundary line dispute, you duce the staggering backlog of patent applica- jobs again, and killing ATVM just can use the leverage of his urgent ne- tions. Now, despite this hard fought deal—one plain makes no sense. It is going to cessity to get that fire hose and hold which I opposed precisely because it depends prevent job creation. The Economic off and get it on condition that he upon an annual commitment to honor and im- Policy Institute just released a report cave—or you can do the right thing. plement the deal—the CR before us fails to that my home State of Michigan has Every time this Congress has had an put the USPTO on the firm, stable footing we lost nearly 80,000 jobs to China since opportunity to come to the aid of your all agreed was necessary for it to dig out of 2001, where they sustain and support district or mine, we’ve stepped up. No the backlog, avoid a tax on innovation, and their industry and where we do not. If Vermonter has ever complained to me stimulate job growth. we cripple this loan program, Michigan that we used his tax dollars to help out Under the current CR, for at least 7 weeks and the rest of the country can expect in Texas, to help out in Ohio, to help the USPTO will be held to a spending rate to lose even more jobs and their ability out on the gulf coast; and we didn’t based on last year’s FY11 appropriations, a to compete globally in the 21st cen- make it conditional in getting our rate that ignores Congress’s directive and au- tury. way—my offset, what might be Afghan- thorization that the USPTO be able to use the I understand we’re living through istan, and yours might be some envi- fees it collects in order to support implementa- tough economic times and have to ronmental program. We knew that was tion of the act and that those funds not be di- squeeze every penny to make sure it not the time to do it. We are in this to- verted to pay for wars, government waste and counts, but I want to remind everybody gether. other Federal Government operations. I will re- here present that there are more appli- This Congress has an obligation to sist the temptation to say, ‘‘I told you so,’’ be- cations in the pipeline than there is the American people. I have an obliga- cause that would not advance the debate or money to participate in this particular tion to the folks in your district, as solve the serious problem I have identified be- program. So we are essentially robbing you do in mine, to do the right thing fore and identify again today. What is most Peter to pay Paul, but it is going to when an act of God requires for its compelling is that ensuring that the PTO has come at an enormous cost to the eco- remedy an act of Congress. Let us act, access to all of its funds costs nothing to the nomic future of your constituents and Mr. Speaker. American taxpayer. It is, therefore, confusing mine. Mr. WOODALL. Mr. Speaker, I yield why we are again facing such a heavy lift to Now, it comforts me that many of myself 30 seconds just to say that we simply give the PTO access to the funds it my colleagues have seen through this have the distinguished Appropriations earns through its operations. But what is clear rascality and have observed it for what chairman here on the floor, who has to me is that, without a provision to ensure it is. Over 100 of them have signed on said, not only have we doubled the adequate funding for the PTO, the bill the to a letter by my friends Mr. PETERS President’s request here, but there is a President just signed will not serve the impor- and Ms. ESHOO in opposition to gutting commitment to making the dollars tant purposes it was designed to serve. This ATVM. available to everyone who is in need in CR does not provide such funding, and I can- I urge my colleagues to stand up for these disasters. That’s the kind of com- not support the CR. I urge my colleagues who what is right by defeating the previous mitment this Nation has always made say they believe in reducing the tax burden on question and by adopting my amend- to its citizens. That’s the kind of com- businesses, large and small, those who fought ment. If we can’t do that, let’s vote

VerDate Mar 15 2010 03:34 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.070 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6311 this rule down and let’s vote this bill conversation with one another and But in that instance, as my col- down, and let’s go about the Nation’s yield that time throughout the day. leagues know, my Republicans friends business in a wise and sensible fashion In order to continue that, I yield 1 know, although we have had some mo- which will create jobs and not strangle minute to the chairman, the gentleman ments that we have not been proud of, economic opportunity for our people. from Kentucky (Mr. ROGERS). such as in the gulf region when we were I want to thank the distinguished Mr. ROGERS of Kentucky. Thank not prepared for Hurricane Katrina, we gentlewoman from New York for her you for yielding. have still risen to the occasion there- leadership on this matter; but I want The previous speaker doesn’t under- after and said to the American people to denounce the behavior that I see on stand the bill. The $2.65 billion in the that if you are in a disaster, this Na- the other side, where they are walking 2012 portion of the bill is not offset, tion will come to your aid. into one of the most important issues only the portion for fiscal 2011 is re- Unfortunately, this CR does not in that this country confronts with their quired to be offset. And I would remind any way befit the American way, for eyes completely closed. the gentleman, as well as everyone here we have a fix that is really a bro- Mr. WOODALL. I continue to reserve else, many of whom voted for the ken fix. the balance of my time. Homeland Security bill a few months The SPEAKER pro tempore. The Ms. SLAUGHTER. I yield 2 minutes ago, it included this provision. time of the gentleman has expired. to the gentleman from Minnesota (Mr. The disaster relief money, twice what Ms. SLAUGHTER. I yield the gentle- ELLISON). the President requested of us, we dou- woman 1 additional minute. bled his request. That part is offset, b 1450 Ms. JACKSON LEE of Texas. Rather the fiscal 2011 moneys, but the bulk of than declaring disasters what they are, Mr. ELLISON. Mr. Speaker, there is the money in this bill, the $2.65 billion emergencies, and providing the dollars a not-so-thin line between being frugal for fiscal 2012, it’s not offset. So the that we need, we are, in essence, if I and fiscally responsible and then down- gentleman is incorrect. might use the old-fashioned term, right cheap and stingy, and this bill Ms. SLAUGHTER. I am pleased to nickel and diming our responsibilities. demonstrates the difference. yield 2 minutes to the gentleman from It is patently unfair to put the Amer- To say to somebody who was in a dis- Michigan (Mr. PETERS). ican people in the crosshairs of our pol- aster, to say to somebody who might Mr. PETERS. Mr. Speaker, I come itics about having an offset for emer- lose everything, where the waters are from the Greater Detroit area, which gency funding. rising, the fires are burning, the storms has been especially hard hit from this Do you want to tell that, if we look are knocking things down, to say, you recession. back at 2005 to the thousand-plus that know what, we can only help you if we When many wanted to let the auto died in Hurricane Katrina, you have to cut somewhere else, is the most stingy, industry fail, I stood with President have an offset? Let’s think about shortsighted, poorest form of rep- Obama, and now the Big Three auto whether we’re going to send you any resentative government I have ever companies are once again earning prof- money. seen. It is outrageous to tell Americans its and creating jobs in our region. Now, I know that there is a need for facing disaster that you don’t get any Today, however, the House Repub- this legislation to pass, but once we help unless you can find how to squeeze licans are trying to pass job-killing concede the idea that the American it out somewhere. cuts to our auto industry by elimi- Americans help Americans. Ameri- nating section 136 loans. We have the people will be put in the pickle of an cans stand up for each other at time of support of the Big Three auto manufac- offset, that means that disaster knocks crisis. This is a hallmark of who we turers, as well as several labor unions at your door, not at your invitation, are, and it doesn’t matter whether you and environmental groups but, sadly, and the Federal Government, which is, are Republican or Democrat, whether the Tea Party can’t even say ‘‘yes’’ to in fact, the umbrella on a rainy day, it you are from the north, the south, the a program that has created and pro- will not be there. I will not be able to east or the west, whether you are tected 41,000 jobs. In fact, according to tolerate that. What we should be doing is passing a black, white, Latino, wherever you experts, this program is directly re- CR that declares emergency funding come from, when Americans are in sponsible for bringing manufacturing what it is—to be there for the Amer- trouble, Americans respond. And we of the Ford Focus automobile from ican people. And this next thing we don’t reach inside and say, well, if I Mexico to Michigan, with American should be doing is passing the Presi- can afford it, we will help you out. We workers making the Ford Focus. dent’s jobs bill, for that is how we will just jump forward and we help out. We absolutely need to fund disaster Mr. ROGERS of Kentucky. Will the relief for communities affected by the ensure that we are doing the job that gentleman yield? recent natural disasters, but that the American people want. Mr. ELLISON. No, I will not yield, doesn’t mean we need to cause an eco- This CR is a bunch of smoke and mir- and I won’t cede any of my time, so nomic disaster for our workers. rors, and I will not tell the American you don’t need to ask again. I urge my colleagues to vote ‘‘no’’ on people that they are second-class citi- I am also just absolutely appalled, the rule and ‘‘no’’ on the continuing zens. If I can find the dime to pay for appalled, that the Republican bill will resolution because we need to be work- your misery, I will look for the dime. cost at least 10,000 good-paying Amer- ing to create more American manufac- That is not the American way. ican manufacturing jobs and perhaps turing jobs, not destroying them. Mr. WOODALL. I yield 1 minute to tens of thousands more by cutting the Mr. WOODALL. I reserve the balance the chairman of the committee, the Advanced Technology Vehicle Manu- of my time. gentleman from Kentucky (Mr. ROG- facturing loan program, which is put- Ms. SLAUGHTER. I yield 1 minute to ERS). ting Americans to work at producing the gentlewoman from Texas (Ms. Mr. ROGERS of Kentucky. I thank cleaner American cars. JACKSON LEE). the gentleman for yielding again. I’ll This provision, perhaps more than Ms. JACKSON LEE of Texas. Mr. be very brief. any other, demonstrates the fraudulent Speaker, it would seem that we would The gentlewoman who just spoke nature, fraud, fraud, of claiming that come to the floor of the House at this mentioned Katrina and that we should the Republicans are trying to produce time and celebrate a continuing resolu- not offset expenses of emergency dis- jobs. They are not trying to make jobs. tion in the backdrop of Tropical Storm aster spending. In fact, in 2006 that’s They run around saying that rich Lee and Hurricane Irene, the enormity exactly what we did do. We required people are job creators, they are profit of the tragedy in Vermont. offsets for aid for Katrina and other creators. And you know who is abso- I know that my colleagues from that matters, $33.5 billion in offsets in lutely not a job creator? Anyone who area are in pain and still suffering from Katrina aid in 2006. And then again in votes ‘‘yes’’ on this bill. the devastation. I noticed upstate New 2007, we offset $939 million in offsets Vote ‘‘no,’’ absolutely ‘‘no’’ on this York, Prattsville in particular, a city for, among other things, Hurricane bad piece of bill. that is full of pain with individuals Katrina recovery. Mr. WOODALL. Mr. Speaker, I am who are at loss of why their town is no As I have said before, over the last 10 proud that we have been able to have a longer. years, we have offset more than half of

VerDate Mar 15 2010 03:34 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.071 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6312 CONGRESSIONAL RECORD — HOUSE September 21, 2011 the disaster emergency relief bills we is anybody surprised that it took more amendment adopted by the Senate on Sep- have passed here. It’s not unusual, and money in those places than we had tember 15, 2011, to House Joint Resolution 66 the gentlelady is mistaken that we did budgeted? Anybody think that’s a sur- (112th Congress), relating to emergency sup- plemental disaster relief appropriations.’’. not request offsets for Katrina. We did. prise? I’m not surprised by that, Mr. Mr. WOODALL. I say to my friend to Speaker. I wasn’t here, but I’m not sur- (The information contained herein was from New York, I have no more speak- prised. What I wish we could have done provided by the Republican Minority on mul- ers and am prepared to close. was budgeted better for that. Did we tiple occasions throughout the 110th and Ms. SLAUGHTER. I thank the gen- know in 2004 that it was going to take 111th Congresses.) tleman. more money? Of course we did. But THE VOTE ON THE PREVIOUS QUESTION: WHAT Mr. Speaker, if we defeat the pre- what did we do? We gamed that sys- IT REALLY MEANS vious question, I will offer an amend- tem. This vote, the vote on whether to order the ment to the rule to make in order a What is this Appropriations Com- previous question on a special rule, is not motion to strike the unacceptable merely a procedural vote. A vote against or- mittee doing? What is this Appropria- dering the previous question is a vote House disaster funding language and tions Committee doing? They’re saying against the Republican majority agenda and substitute the bipartisan Senate ap- that they know tragedy is going to be- a vote to allow the opposition, at least for proach. fall Americans. They don’t know what; the moment, to offer an alternative plan. It I ask unanimous consent to insert they don’t know when; but they know is a vote about what the House should be de- the text of the amendment in the that it’s going to happen. And so bating. Mr. Clarence Cannon’s Precedents of the RECORD along with extraneous mate- they’re going to budget for it. Why? rial immediately prior to the vote on House of Representatives (VI, 308–311), de- Because we tell Americans day after scribes the vote on the previous question on the previous question. day after day that programs that they the rule as ‘‘a motion to direct or control the The SPEAKER pro tempore. Is there count on might not be there tomorrow. consideration of the subject before the House objection to the request of the gentle- Why? Because we’re broke. We tell being made by the Member in charge.’’ To woman from New York? Americans every day something that defeat the previous question is to give the There was no objection. opposition a chance to decide the subject be- they might want to do, something they Ms. SLAUGHTER. Mr. Speaker, I fore the House. Cannon cites the Speaker’s thought might be available, it might want to urge my colleagues to vote ruling of January 13, 1920, to the effect that not be available. Why? Because we’re ‘‘no,’’ defeat the previous question, and ‘‘the refusal of the House to sustain the de- broke. mand for the previous question passes the if we are successful in defeating the But I agree with my friends on the control of the resolution to the opposition’’ previous question and offering our Democratic side of the aisle, when in order to offer an amendment. On March amendment, then we will get on with folks are facing disaster, they don’t 15, 1909, a member of the majority party of- the underlying House amendment. want to have to ask that question. fered a rule resolution. The House defeated I yield back the balance of my time. the previous question and a member of the When folks are facing personal tragedy, opposition rose to a parliamentary inquiry, b 1500 they don’t want to have to ask that asking who was entitled to recognition. Mr. WOODALL. Mr. Speaker, I yield question: Will there be money there? Speaker Joseph G. Cannon (R–Illinois) said: myself the balance of my time. Will there be help there? ‘‘The previous question having been refused, I think one thing that unites us as No, in our communities, we know the the gentleman from New York, Mr. Fitz- Republicans and Democrats, and actu- help is going to be there. We know our gerald, who had asked the gentleman to yield to him for an amendment, is entitled to ally unites us as Americans, is when we neighbors are going to be there for us, the first recognition.’’ face adversity, we say: Can we do bet- and we know our families will be there Because the vote today may look bad for ter? Can we do better? You know, it’s for us. And for the first time in a long the Republican majority they will say ‘‘the one thing to muddle through, but it’s time, Mr. Speaker, we now know that vote on the previous question is simply a something else to learn from that expe- the American Congress is going to be vote on whether to proceed to an immediate rience and come back the next time there, too, because we are changing vote on adopting the resolution . . . [and] and do better. business as usual. has no substantive legislative or policy im- plications whatsoever.’’ But that is not what Now, I’m proud to be here as part of We asked the question: Can we do they have always said. Listen to the Repub- a freshman class, Mr. Speaker; 89 new better? And the Speaker and the com- lican Leadership Manual on the Legislative Republican freshmen, 10 new Demo- mittee chairmen said, Yes. Yes, we can. Process in the United States House of Rep- cratic freshmen. Ninety-nine Members I encourage support for the rule, and I resentatives, (6th edition, page 135). Here’s of this House are brand new this year; encourage a vote on the underlying res- how the Republicans describe the previous 99 Members of this House. And so we olution. question vote in their own manual: ‘‘Al- look back. We look back on profligate The material previously referred to though it is generally not possible to amend the rule because the majority Member con- by Ms. SLAUGHTER is as follows: spending where even though American trolling the time will not yield for the pur- families are asked to prioritize their AN AMENDMENT TO H. RES. 405 OFFERED BY pose of offering an amendment, the same re- spending each and every day, for some MRS. SLAUGHTER OF NEW YORK sult may be achieved by voting down the pre- reason the Congress didn’t. Even At the end of the resolution, add the fol- vious question on the rule . . . When the mo- though small businesses are asked to lowing new sections: tion for the previous question is defeated, prioritize their spending every day, for SEC. 3. Notwithstanding any other provi- control of the time passes to the Member sion of this resolution, after expiration of de- who led the opposition to ordering the pre- some reason Congress didn’t. bate on the motion to concur specified in the What this new Congress has done, Mr. vious question. That Member, because he first section of this resolution it shall be in then controls the time, may offer an amend- Speaker, this 112th Congress has done, order to consider the motion to amend print- ment to the rule, or yield for the purpose of is to say: Can we do better? And the an- ed in section 4 of this resolution. That mo- amendment.’’ swer is yes. Why are the American peo- tion may be offered only by Representative In Deschler’s Procedure in the U.S. House ple so cynical about Congress, Mr. Dingell of Michigan or his designee, shall be of Representatives, the subchapter titled Speaker? Why are our approval ratings debatable for 20 minutes equally divided and ‘‘Amending Special Rules’’ states: ‘‘a refusal in the tank? It was less than 2 months controlled by the proponent and an oppo- to order the previous question on such a rule ago, less than 2 months ago we agreed nent, shall not be subject to amendment, and [a special rule reported from the Committee shall not be subject to a demand for division on Rules] opens the resolution to amend- that for next year we should spend $1.43 of the question. All points of order against ment and further debate.’’ (Chapter 21, sec- trillion. And we’re already talking that motion are waived. tion 21.2) Section 21.3 continues: ‘‘Upon re- about that we’ve got that number SEC. 4. The motion to amend referred to in jection of the motion for the previous ques- wrong and we want to spend more. section 3 is as follows: tion on a resolution reported from the Com- Folks, we have to make those priority ‘‘(1) Strike sections 125 and 126 of the mittee on Rules, control shifts to the Mem- decisions. Thirty times, Mr. Speaker, House amendment (and redesignate the sub- ber leading the opposition to the previous thirty times in the last 10 years we sequent sections accordingly). question, who may offer a proper amendment ‘‘(2) At the end of the House amendment, or motion and who controls the time for de- came up with emergency spending. before the short title, insert the following: bate thereon.’’ Thirty times, Mr. Speaker. ‘‘SEC. l Notwithstanding any other provi- Clearly, the vote on the previous question Let me just ask you, the Defense sion of this Act, there is hereby enacted into on a rule does have substantive policy impli- Iraq-Afghanistan supplemental in 2004, law the provisions of division B of the cations. It is one of the only available tools

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.077 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6313 for those who oppose the Republican major- Rohrabacher Shimkus Upton So the previous question was ordered. ity’s agenda and allows those with alter- Rokita Shuster Walberg The result of the vote was announced native views the opportunity to offer an al- Rooney Simpson Walden Ros-Lehtinen Smith (NE) as above recorded. ternative plan. Walsh (IL) Roskam Smith (NJ) Webster The SPEAKER pro tempore. The Mr. WOODALL. I yield back the bal- Ross (FL) Smith (TX) West question is on the resolution. ance of my time, and I move the pre- Royce Southerland Westmoreland Runyan Stearns Whitfield The question was taken; and the vious question on the resolution. Ryan (WI) Stivers Wilson (SC) Speaker pro tempore announced that The SPEAKER pro tempore. The Scalise Stutzman Wittman Schilling Sullivan the ayes appeared to have it. question is on ordering the previous Wolf Schmidt Terry Ms. SLAUGHTER. Mr. Speaker, on question. Schock Thompson (PA) Womack that I demand the yeas and nays. The question was taken; and the Schweikert Thornberry Woodall Speaker pro tempore announced that Scott (SC) Tiberi Yoder The yeas and nays were ordered. the ayes appeared to have it. Scott, Austin Tipton Young (AK) The SPEAKER pro tempore. This Sensenbrenner Turner (NY) Young (FL) will be a 5-minute vote. Ms. SLAUGHTER. Mr. Speaker, on Sessions Turner (OH) Young (IN) that I demand the yeas and nays. The vote was taken by electronic de- The yeas and nays were ordered. NAYS—188 vice, and there were—yeas 238, nays The SPEAKER pro tempore. Pursu- Ackerman Garamendi Olver 185, not voting 10, as follows: Altmire Gonzalez Owens ant to clause 8 and clause 9 of rule XX, Andrews Green, Al Pallone [Roll No. 716] this 15-minute vote on ordering the Baldwin Green, Gene Pascrell YEAS—238 Barrow Grijalva Pastor (AZ) previous question will be followed by 5- Adams Bass (CA) Gutierrez Garrett Meehan Payne Aderholt minute votes on adoption of House Res- Becerra Hahn Gerlach Mica Pelosi Akin olution 405, if ordered, and suspending Berkley Hanabusa Gibbs Miller (FL) Perlmutter Alexander Berman Hastings (FL) Gibson Miller (MI) the rules with regard to Senate Con- Peters Amash Bishop (GA) Heinrich Gohmert Miller, Gary current Resolution 28 and S. 846. Peterson Amodei Bishop (NY) Higgins Goodlatte Mulvaney Pingree (ME) Austria The vote was taken by electronic de- Blumenauer Himes Gosar Murphy (PA) Polis Bachus vice, and there were—yeas 237, nays Boren Hinchey Gowdy Myrick Price (NC) Barletta Boswell Hinojosa Granger Neugebauer 188, not voting 8, as follows: Quigley Bartlett Brady (PA) Hirono Graves (GA) Noem Rahall Barton (TX) [Roll No. 715] Braley (IA) Hochul Graves (MO) Nugent Rangel Bass (NH) Brown (FL) Holden Griffin (AR) Nunes YEAS—237 Reyes Benishek Butterfield Holt Griffith (VA) Nunnelee Adams Fincher Richardson Berg Landry Capps Honda Grimm Olson Aderholt Fitzpatrick Richmond Biggert Lankford Capuano Hoyer Guinta Palazzo Akin Flake Ross (AR) Bilbray Latham Cardoza Inslee Guthrie Paulsen Alexander Fleischmann Rothman (NJ) Bilirakis LaTourette Carnahan Israel Hall Pearce Amash Fleming Roybal-Allard Bishop (UT) Latta Carney Jackson (IL) Hanna Pence Amodei Flores Ruppersberger Black Lewis (CA) Carson (IN) Jackson Lee Harper Petri Austria Forbes Rush Blackburn LoBiondo Castor (FL) (TX) Harris Pitts Bachus Fortenberry Ryan (OH) Bonner Long Chandler Johnson (GA) Hartzler Platts Barletta Foxx Sa´ nchez, Linda Bono Mack Lucas Chu Johnson, E. B. Hastings (WA) Poe (TX) Bartlett Franks (AZ) T. Boustany Lummis Cicilline Kaptur Hayworth Pompeo Barton (TX) Frelinghuysen Sanchez, Loretta Brady (TX) Lungren, Daniel Clarke (MI) Keating Heck Posey Bass (NH) Gallegly Sarbanes Brooks E. Clarke (NY) Kildee Hensarling Price (GA) Benishek Gardner Schakowsky Broun (GA) Mack Clay Kind Herger Quayle Berg Garrett Schiff Buchanan Manzullo Cleaver Kissell Herrera Beutler Reed Biggert Gerlach Bucshon Marchant Clyburn Kucinich Schrader Huelskamp Rehberg Bilbray Gibbs Buerkle Marino Cohen Langevin Schwartz Huizenga (MI) Renacci Bilirakis Gibson Burgess McCarthy (CA) Connolly (VA) Larsen (WA) Scott (VA) Hultgren Ribble Bishop (UT) Gingrey (GA) Burton (IN) McCaul Conyers Larson (CT) Scott, David Hunter Rigell Black Gohmert Calvert McClintock Cooper Lee (CA) Serrano Hurt Rivera Blackburn Goodlatte Camp McCotter Costa Levin Sewell Issa Roby Bonner Gosar Campbell McHenry Costello Lipinski Sherman Jenkins Roe (TN) Bono Mack Gowdy Canseco McKeon Courtney Loebsack Shuler Johnson (IL) Rogers (AL) Boustany Granger Cantor McKinley Critz Lofgren, Zoe Sires Johnson (OH) Rogers (KY) Brady (TX) Graves (GA) Capito McMorris Crowley Lowey Slaughter Johnson, Sam Rogers (MI) Brooks Graves (MO) Carter Rodgers Cuellar Luja´ n Smith (WA) Jones Rohrabacher Broun (GA) Griffin (AR) Cassidy Meehan Cummings Lynch Speier Jordan Rokita Buchanan Griffith (VA) Chabot Mica Davis (CA) Maloney Stark Kelly Rooney Bucshon Grimm Chaffetz Miller (FL) Davis (IL) Markey Thompson (CA) King (IA) Ros-Lehtinen Buerkle Guinta Coble Miller (MI) DeFazio Matheson Thompson (MS) King (NY) Roskam Burgess Guthrie Coffman (CO) Miller, Gary DeGette Matsui Tierney Kingston Ross (FL) Burton (IN) Hall Cole Mulvaney DeLauro McCarthy (NY) Tonko Kinzinger (IL) Royce Calvert Hanna Conaway Murphy (PA) Deutch McCollum Towns Kissell Runyan Camp Harper Cravaack Myrick Dicks McDermott Tsongas Kline Ryan (WI) Campbell Harris Crawford Neugebauer Dingell McGovern Van Hollen Labrador Scalise Canseco Hartzler Crenshaw Noem Doggett McIntyre Vela´ zquez Lamborn Schilling Cantor Hastings (WA) Culberson Nugent Donnelly (IN) McNerney Visclosky Lance Schmidt Capito Hayworth Davis (KY) Nunes Doyle Meeks Walz (MN) Landry Schock Carter Heck Denham Nunnelee Edwards Michaud Wasserman Lankford Schweikert Cassidy Hensarling Dent Olson Ellison Miller (NC) Schultz Latham Scott (SC) Chabot Herger DesJarlais Palazzo Engel Miller, George Waters LaTourette Scott, Austin Chaffetz Herrera Beutler Diaz-Balart Paulsen Eshoo Moore Watt Latta Sensenbrenner Coble Huelskamp Dold Pearce Farr Moran Waxman Lewis (CA) Sessions Coffman (CO) Huizenga (MI) Dreier Pence Fattah Murphy (CT) Welch LoBiondo Shimkus Cole Hultgren Duffy Petri Filner Nadler Wilson (FL) Long Shuster Conaway Hunter Duncan (SC) Pitts Frank (MA) Napolitano Woolsey Lucas Simpson Cravaack Hurt Duncan (TN) Platts Fudge Neal Yarmuth Luetkemeyer Smith (NE) Crawford Issa Poe (TX) Ellmers Lummis Smith (NJ) Crenshaw Jenkins Pompeo NOT VOTING—8 Emerson Lungren, Daniel Smith (TX) Culberson Johnson (IL) Posey Farenthold E. Southerland Baca Lewis (GA) Reichert Davis (KY) Johnson (OH) Price (GA) Fincher Mack Stearns Bachmann Luetkemeyer Denham Johnson, Sam Quayle Sutton Fitzpatrick Manzullo Stivers Giffords Paul Dent Jones Reed Flake Marchant Stutzman DesJarlais Jordan Rehberg Fleischmann Marino Sullivan Diaz-Balart Kelly Renacci b 1530 Fleming McCarthy (CA) Terry Dold King (IA) Ribble Flores McCaul Thompson (PA) Dreier King (NY) Rigell Messrs. ROTHMAN of New Jersey, Forbes McClintock Thornberry Duffy Kingston Rivera LARSON of Connecticut, Ms. FUDGE, Fortenberry McCotter Tiberi Duncan (SC) Kinzinger (IL) Roby and Mrs. NAPOLITANO changed their Foxx McHenry Tipton Duncan (TN) Kline Roe (TN) vote from ‘‘yea’’ to ‘‘nay.’’ Franks (AZ) McKeon Turner (NY) Ellmers Labrador Rogers (AL) Frelinghuysen McKinley Turner (OH) Emerson Lamborn Rogers (KY) Mrs. MYRICK changed her vote from Gallegly McMorris Upton Farenthold Lance Rogers (MI) ‘‘nay’’ to ‘‘yea.’’ Gardner Rodgers Walberg

VerDate Mar 15 2010 03:34 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.021 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6314 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Walden Whitfield Woodall pation Hall in the Capitol Visitor Cen- Keating Murphy (PA) Schiff Walsh (IL) Wilson (SC) Yoder Kelly Myrick Schilling Webster Wittman Young (AK) ter for an event to award the Congres- Kildee Nadler Schmidt West Wolf Young (FL) sional Gold Medal, collectively, to the Kind Napolitano Schock Westmoreland Womack Young (IN) 100th Infantry Battalion, 442nd Regi- King (IA) Neal Schrader mental Combat Team, and the Military King (NY) Neugebauer Schwartz NAYS—185 Kingston Noem Schweikert Ackerman Fudge Olver Intelligence Service, United States Kinzinger (IL) Nugent Scott (SC) Altmire Garamendi Owens Army, in recognition of their dedicated Kissell Nunes Scott (VA) Andrews Gonzalez Pallone service during World War II, on which Kline Nunnelee Scott, Austin Baldwin Green, Al Pascrell the yeas and nays were ordered. Kucinich Olson Scott, David Barrow Green, Gene Pastor (AZ) Labrador Olver Sensenbrenner Bass (CA) Grijalva Payne The Clerk read the title of the con- Lamborn Owens Serrano Becerra Gutierrez Pelosi current resolution. Lance Palazzo Sessions Berkley Hahn Perlmutter The SPEAKER pro tempore. The Landry Pallone Sewell Berman Hanabusa Langevin Pascrell Sherman Peters question is on the motion offered by Bishop (GA) Heinrich Peterson Lankford Pastor (AZ) Shimkus Bishop (NY) Higgins Pingree (ME) the gentleman from Mississippi (Mr. Larsen (WA) Paulsen Shuler Blumenauer Himes Polis HARPER) that the House suspend the Larson (CT) Payne Shuster Latham Pearce Simpson Boren Hinchey Price (NC) rules and concur in the concurrent res- Boswell Hinojosa Quigley LaTourette Pelosi Smith (NE) Brady (PA) Hirono Rahall olution. Latta Pence Smith (NJ) Lee (CA) Perlmutter Smith (TX) Braley (IA) Hochul Rangel This will be a 5-minute vote. Levin Peters Smith (WA) Brown (FL) Holden Reyes The vote was taken by electronic de- Lewis (CA) Peterson Southerland Butterfield Holt Richardson vice, and there were—yeas 424, nays 0, Lipinski Petri Speier Capps Honda Richmond Capuano Hoyer LoBiondo Pingree (ME) Stark Ross (AR) not voting 9, as follows: Cardoza Inslee Loebsack Pitts Stearns Rothman (NJ) Carnahan Israel [Roll No. 717] Lofgren, Zoe Platts Stivers Roybal-Allard Carney Jackson (IL) Long Poe (TX) Stutzman Ruppersberger YEAS—424 Carson (IN) Jackson Lee Lowey Polis Sullivan Rush Castor (FL) (TX) Ackerman Clarke (MI) Garamendi Lucas Pompeo Terry Ryan (OH) Chandler Johnson (GA) Adams Clarke (NY) Gardner Luetkemeyer Posey Thompson (CA) Sa´ nchez, Linda Chu Johnson, E. B. Aderholt Clay Garrett Luja´ n Price (GA) Thompson (MS) T. Cicilline Kaptur Akin Cleaver Gerlach Lummis Price (NC) Thompson (PA) Sanchez, Loretta Clarke (MI) Keating Alexander Clyburn Gibbs Lungren, Daniel Quayle Thornberry Sarbanes Clarke (NY) Kildee Altmire Coble Gibson E. Quigley Tiberi Schakowsky Clay Kind Amash Coffman (CO) Gingrey (GA) Lynch Rahall Tierney Cleaver Kucinich Schiff Amodei Cohen Gohmert Mack Rangel Tipton Clyburn Langevin Schrader Andrews Cole Gonzalez Maloney Reed Tonko Cohen Larsen (WA) Schwartz Austria Conaway Goodlatte Manzullo Rehberg Towns Connolly (VA) Larson (CT) Scott (VA) Bachus Connolly (VA) Gosar Marchant Renacci Tsongas Conyers Lee (CA) Scott, David Baldwin Conyers Gowdy Marino Reyes Turner (NY) Cooper Levin Serrano Barletta Cooper Granger Markey Ribble Turner (OH) Costa Lipinski Sewell Barrow Costa Graves (GA) Matheson Richardson Upton Costello Loebsack Sherman Bartlett Costello Graves (MO) Matsui Richmond Van Hollen Courtney Lofgren, Zoe Shuler Barton (TX) Courtney Green, Al McCarthy (CA) Rigell Vela´ zquez Critz Lowey Sires Bass (CA) Cravaack Green, Gene McCarthy (NY) Rivera Visclosky Crowley Luja´ n Slaughter Bass (NH) Crawford Griffin (AR) McCaul Roby Walberg Cuellar Lynch Smith (WA) Becerra Crenshaw Griffith (VA) McClintock Roe (TN) Walden Cummings Maloney Speier Benishek Critz Grijalva McCollum Rogers (AL) Walsh (IL) Davis (CA) Markey Stark Berg Crowley Grimm McCotter Rogers (KY) Walz (MN) Davis (IL) Matheson Thompson (CA) Berkley Cuellar Guinta McDermott Rogers (MI) Wasserman DeFazio Matsui Thompson (MS) Berman Culberson Guthrie McGovern Rohrabacher Schultz DeGette McCarthy (NY) Tierney Biggert Cummings Gutierrez McHenry Rokita Waters DeLauro McCollum Tonko Bilbray Davis (CA) Hahn McIntyre Rooney Watt Deutch McDermott Towns Bilirakis Davis (IL) Hall McKeon Ros-Lehtinen Waxman Dicks McGovern Tsongas Bishop (GA) Davis (KY) Hanabusa McKinley Roskam Webster Dingell McIntyre Van Hollen Bishop (NY) DeFazio Hanna McMorris Ross (AR) Welch Doggett McNerney Vela´ zquez Bishop (UT) DeGette Harper Rodgers Ross (FL) West Donnelly (IN) Meeks Visclosky Black DeLauro Harris McNerney Rothman (NJ) Westmoreland Doyle Michaud Walz (MN) Blackburn Denham Hartzler Meehan Roybal-Allard Whitfield Edwards Miller (NC) Wasserman Blumenauer Dent Hastings (FL) Meeks Royce Wilson (FL) Ellison Miller, George Schultz Bonner DesJarlais Hastings (WA) Mica Runyan Wilson (SC) Engel Moore Waters Bono Mack Deutch Hayworth Michaud Ruppersberger Wittman Eshoo Moran Watt Boren Diaz-Balart Heck Miller (FL) Rush Wolf Farr Murphy (CT) Waxman Boswell Dicks Heinrich Miller (MI) Ryan (OH) Womack Fattah Nadler Wilson (FL) Boustany Dingell Hensarling Miller (NC) Ryan (WI) Woodall Filner Napolitano Woolsey Brady (PA) Doggett Herger Miller, Gary Sa´ nchez, Linda Woolsey Frank (MA) Neal Yarmuth Brady (TX) Dold Herrera Beutler Miller, George T. Yarmuth Braley (IA) Donnelly (IN) Higgins Moore Sanchez, Loretta Yoder NOT VOTING—10 Brooks Doyle Himes Moran Sarbanes Young (AK) Baca Hastings (FL) Sutton Broun (GA) Dreier Hinchey Mulvaney Scalise Young (FL) Brown (FL) Duffy Hinojosa Bachmann Lewis (GA) Welch Murphy (CT) Schakowsky Young (IN) Buchanan Duncan (SC) Hirono Giffords Paul NOT VOTING—9 Gingrey (GA) Reichert Bucshon Duncan (TN) Hochul Buerkle Edwards Holden Baca Lewis (GA) Sires b 1537 Burgess Ellison Holt Bachmann Paul Slaughter Burton (IN) Ellmers Honda Giffords Reichert Sutton Mr. ROKITA changed his vote from Butterfield Emerson Hoyer ‘‘nay’’ to ‘‘yea.’’ Calvert Engel Huelskamp b 1546 So the resolution was agreed to. Camp Eshoo Huizenga (MI) Campbell Farenthold Hultgren So (two-thirds being in the affirma- The result of the vote was announced Canseco Farr Hunter tive) the rules were suspended and the as above recorded. Cantor Fattah Hurt concurrent resolution was concurred A motion to reconsider was laid on Capito Filner Inslee in. the table. Capps Fincher Israel Capuano Fitzpatrick Issa The result of the vote was announced f Cardoza Flake Jackson (IL) as above recorded. Carnahan Fleischmann Jackson Lee A motion to reconsider was laid on AUTHORIZING USE OF EMANCI- Carney Fleming (TX) the table. PATION HALL TO AWARD CON- Carson (IN) Flores Jenkins GRESSIONAL GOLD MEDAL Carter Forbes Johnson (GA) f Cassidy Fortenberry Johnson (IL) The SPEAKER pro tempore. The un- Castor (FL) Foxx Johnson (OH) CHRISTOPHER S. BOND UNITED finished business is the vote on the mo- Chabot Frank (MA) Johnson, E. B. STATES COURTHOUSE tion to suspend the rules and concur in Chaffetz Franks (AZ) Johnson, Sam The SPEAKER pro tempore. The un- Chandler Frelinghuysen Jones the concurrent resolution (S. Con. Res. Chu Fudge Jordan finished business is the vote on the mo- 28) authorizing the use of Emanci- Cicilline Gallegly Kaptur tion to suspend the rules and pass the

VerDate Mar 15 2010 03:34 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.039 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6315 bill (S. 846) to designate the United Levin Pallone Scott (VA) all Members may have 5 legislative States courthouse located at 80 Lafay- Lewis (CA) Pascrell Scott, Austin days in which to revise and extend Lipinski Pastor (AZ) Sensenbrenner ette Street in Jefferson City, Missouri, LoBiondo Paulsen Serrano their remarks and include extraneous as the Christopher S. Bond United Loebsack Pearce Sessions material on H.R. 2608. States Courthouse, on which the yeas Lofgren, Zoe Pelosi Sherman The SPEAKER pro tempore. Is there Long Pence and nays were ordered. Shimkus objection to the request of the gen- Lowey Perlmutter Shuler The Clerk read the title of the bill. Lucas Peters Shuster tleman from Kentucky? The SPEAKER pro tempore. The Luetkemeyer Peterson Simpson There was no objection. Luja´ n Petri Sires Mr. ROGERS of Kentucky. Mr. question is on the motion offered by Lummis Pingree (ME) Smith (NE) Speaker, pursuant to House Resolution Lungren, Daniel Pitts the gentleman from California (Mr. Smith (NJ) E. Platts 405, I call up the bill (H.R. 2608) to pro- DENHAM) that the House suspend the Smith (TX) Lynch Poe (TX) vide for an additional temporary exten- rules and pass the bill. Smith (WA) Mack Polis sion of programs under the Small Busi- This will be a 5-minute vote. Maloney Pompeo Southerland Speier ness Act and the Small Business In- The vote was taken by electronic de- Manzullo Posey Marchant Price (GA) Stark vestment Act of 1958, and for other pur- vice, and there were—yeas 407, nays 2, Marino Price (NC) Stearns poses, with the Senate amendment Stivers answered ‘‘present’’ 2, not voting 22, as Markey Quayle thereto, and have a motion at the desk. follows: Matheson Quigley Stutzman Matsui Rahall Sullivan The Clerk read the title of the bill. [Roll No. 718] McCarthy (CA) Rangel Terry The SPEAKER pro tempore. The YEAS—407 McCarthy (NY) Reed Thompson (CA) Clerk will designate the Senate amend- McCaul Rehberg Thompson (MS) ment. Ackerman Coffman (CO) Green, Gene McClintock Renacci Thompson (PA) Adams Cohen Griffin (AR) McCollum Reyes Thornberry The text of the amendment is as fol- Aderholt Cole Griffith (VA) McCotter Ribble Tiberi lows: Akin Conaway Grimm McDermott Richardson Tierney Senate amendment: Alexander Conyers Guinta McGovern Richmond Tipton Strike all after the enacting clause and in- Altmire Cooper Guthrie McHenry Rivera Tonko Amash Costa Gutierrez sert the following: McIntyre Roby Towns Amodei Costello Hahn SECTION 1. SHORT TITLE. McKeon Roe (TN) Tsongas Andrews Courtney Hall This Act may be cited as the ‘‘Small Business McKinley Rogers (AL) Turner (NY) Austria Cravaack Hanabusa McMorris Rogers (KY) Turner (OH) Program Extension and Reform Act of 2011’’. Bachus Crawford Hanna Rodgers Rogers (MI) Upton SEC. 2. ADDITIONAL TEMPORARY EXTENSION OF Baldwin Crenshaw Harper McNerney Rohrabacher AUTHORIZATION OF PROGRAMS Barletta Critz Hartzler Van Hollen Meehan Rokita Vela´ zquez UNDER THE SMALL BUSINESS ACT Barrow Crowley Hastings (FL) Meeks Rooney AND THE SMALL BUSINESS INVEST- Bartlett Cuellar Hastings (WA) Visclosky Mica Ros-Lehtinen Walberg MENT ACT OF 1958. Barton (TX) Culberson Hayworth Michaud Roskam Walden (a) IN GENERAL.—Section 1 of the Act entitled Bass (CA) Cummings Heck Miller (FL) Ross (AR) Walsh (IL) ‘‘An Act to extend temporarily certain authori- Bass (NH) Davis (CA) Heinrich Miller (MI) Ross (FL) Walz (MN) ties of the Small Business Administration’’, ap- Becerra Davis (IL) Hensarling Miller (NC) Rothman (NJ) Wasserman Benishek DeFazio Herger Miller, Gary Roybal-Allard proved October 10, 2006 (Public Law 109–316; 120 Schultz Berg DeGette Herrera Beutler Miller, George Royce Stat. 1742), as most recently amended by section Waters Berkley DeLauro Higgins Moore Runyan 2 of the Small Business Additional Temporary Berman Denham Himes Moran Ruppersberger Watt Extension Act of 2011 (Public Law 112–17; 125 Waxman Biggert Dent Hinchey Murphy (CT) Ryan (OH) Stat. 221), is amended by striking ‘‘July 31, Bilbray DesJarlais Hinojosa West Murphy (PA) Ryan (WI) 2011’’ each place it appears and inserting ‘‘July Bilirakis Deutch Hirono ´ Westmoreland Myrick Sanchez, Linda 31, 2012’’. Bishop (GA) Diaz-Balart Hochul Nadler T. Whitfield Bishop (NY) Dicks Holden Napolitano Sarbanes Wilson (FL) (b) EFFECTIVE DATE.—The amendments made Bishop (UT) Dingell Holt Neal Scalise Wilson (SC) by subsection (a) shall take effect on July 30, Black Doggett Honda Neugebauer Schakowsky Wittman 2011. Blackburn Dold Hoyer Noem Schiff Wolf SEC. 3. REPEALS AND OTHER TERMINATIONS. Blumenauer Donnelly (IN) Huelskamp Nugent Schilling Womack (a) GENERAL PROVISIONS.— Bonner Doyle Huizenga (MI) Nunes Schmidt Woolsey FFECTIVE DATE Bono Mack Dreier Hultgren (1) E .—A repeal or other termi- Nunnelee Schock Yarmuth nation of a provision of law made by this sec- Boren Duffy Hunter Olson Yoder Schrader tion shall take effect on October 1, 2011. Boswell Duncan (SC) Hurt Olver Schwartz Young (AK) Boustany Duncan (TN) Inslee Owens Schweikert Young (FL) (2) RULE.—Nothing in this section shall affect Brady (PA) Edwards Israel Palazzo Scott (SC) Young (IN) any grant or assistance provided, contract or co- Brady (TX) Ellison Issa operative agreement entered into, or loan made Braley (IA) Ellmers Jackson (IL) NAYS—2 or guaranteed before October 1, 2011 under a Brooks Emerson Jackson Lee Harris Rigell provision of law repealed or otherwise termi- Broun (GA) Engel (TX) nated by this section and any such grant, as- Brown (FL) Eshoo Jenkins ANSWERED ‘‘PRESENT’’—2 Buchanan Farenthold Johnson (GA) sistance, contract, cooperative agreement, or Garrett Mulvaney Bucshon Farr Johnson (IL) loan shall be subject to the applicable repealed Buerkle Fattah Johnson (OH) NOT VOTING—22 or otherwise terminated provision, as in effect Burgess Filner Johnson, E. B. on September 30, 2011. Baca Grijalva Sewell Burton (IN) Fincher Johnson, Sam (3) APPLICABILITY OF TEMPORARY EXTEN- Bachmann Lewis (GA) Slaughter Butterfield Fitzpatrick Jones SIONS.—A repeal or other termination of a provi- Cardoza Paul Sutton Calvert Flake Jordan sion of law made by this section shall have ef- Camp Fleischmann Kaptur Connolly (VA) Payne Webster Campbell Fleming Keating Davis (KY) Reichert Welch fect notwithstanding any temporary extension Canseco Flores Kelly Giffords Rush Woodall of programs, authority, or provisions under the Cantor Forbes Kildee Gohmert Sanchez, Loretta Act entitled ‘‘An Act to extend temporarily cer- Capito Fortenberry Kind Graves (MO) Scott, David tain authorities of the Small Business Adminis- Capps Foxx King (IA) b 1552 tration’’, approved October 10, 2006 (Public Law Capuano Frank (MA) King (NY) 109–316; 120 Stat. 1742). Carnahan Franks (AZ) Kingston So (two-thirds being in the affirma- (4) DEFICIT REDUCTION.—Any savings result- Carney Frelinghuysen Kinzinger (IL) ing from this Act and the amendments made by Carson (IN) Fudge Kissell tive) the rules were suspended and the Carter Gallegly Kline bill was passed. this Act shall be returned to the Treasury for Cassidy Garamendi Kucinich The result of the vote was announced deficit reduction. (b) POLLUTION CONTROL LOANS.—Paragraph Castor (FL) Gardner Labrador as above recorded. Chabot Gerlach Lamborn (12) of section 7(a) of the Small Business Act (15 Chaffetz Gibbs Lance A motion to reconsider was laid on U.S.C. 636(a)) is amended— Chandler Gibson Landry the table. (1) by striking ‘‘(A) The Administration’’ and Chu Gingrey (GA) Langevin f inserting ‘‘The Administration’’; and Cicilline Gonzalez Lankford (2) by striking ‘‘research and development’’ Clarke (MI) Goodlatte Larsen (WA) and all that follows and inserting ‘‘research and Clarke (NY) Gosar Larson (CT) CONTINUING APPROPRIATIONS Clay Gowdy Latham ACT, 2012 development.’’. Cleaver Granger LaTourette (c) SMALL BUSINESS INSTITUTE.—Subpara- Clyburn Graves (GA) Latta Mr. ROGERS of Kentucky. Mr. graph (E) of section 8(b)(1) of the Small Busi- Coble Green, Al Lee (CA) Speaker, I ask unanimous consent that ness Act (15 U.S.C. 637(b)(1)) is repealed.

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(d) DRUG-FREE WORKPLACE GRANTS.—Para- ment of the Small Business Administration titled fiscal year 2012, appropriations and funds made graph (3) of section 21(c) of the Small Business ‘‘FY 2012 Congressional Budget Justification available and authority granted pursuant to Act (15 U.S.C. 648(c)) is amended— and FY 2010 Annual Performance Report’’ (or this Act shall be available until whichever of the (1) in subparagraph (R) by adding ‘‘and’’ at any predecessor or successor document). following first occurs: (1) the enactment into the end; MOTION TO CONCUR law of an appropriation for any project or activ- (2) in subparagraph (S) by striking ‘‘; and’’ The SPEAKER pro tempore. The ity provided for in this Act; (2) the enactment and inserting a period; and into law of the applicable appropriations Act for (3) by striking subparagraph (T). Clerk will designate the motion. The text of the motion is as follows: fiscal year 2012 without any provision for such (e) CENTRAL EUROPEAN SMALL BUSINESS EN- project or activity; or (3) November 18, 2011. TERPRISE DEVELOPMENT COMMISSION.—Section Mr. Rogers of Kentucky moves that the SEC. 107. Expenditures made pursuant to this 25 of the Small Business Act (15 U.S.C. 652) is House concur in the Senate amendment to Act shall be charged to the applicable appro- repealed. H.R. 2608 with an amendment. priation, fund, or authorization whenever a bill (f) PAUL D. COVERDELL DRUG-FREE WORK- The text of the amendment is as fol- in which such applicable appropriation, fund, PLACE PROGRAM.—Section 27 of the Small Busi- lows: or authorization is contained is enacted into ness Act (15 U.S.C. 654) is repealed. In lieu of the matter proposed to be in- law. (g) PILOT TECHNOLOGY ACCESS PROGRAM.— serted by the amendment of the Senate, in- SEC. 108. Appropriations made and funds Section 28 of the Small Business Act (15 U.S.C. sert the following: made available by or authority granted pursu- 655) is repealed. That the following sums are hereby appro- ant to this Act may be used without regard to (h) NATIONAL VETERANS BUSINESS DEVELOP- priated, out of any money in the Treasury not the time limitations for submission and approval MENT CORPORATION.— otherwise appropriated, and out of applicable of apportionments set forth in section 1513 of (1) IN GENERAL.—Section 33 of the Small Busi- corporate or other revenues, receipts, and funds, title 31, United States Code, but nothing in this ness Act (15 U.S.C. 657c) is repealed. for the several departments, agencies, corpora- Act may be construed to waive any other provi- (2) CORPORATION.—Beginning on the date of sion of law governing the apportionment of enactment of this Act, the National Veterans tions, and other organizational units of Govern- ment for fiscal year 2012, and for other pur- funds. Business Development Corporation and any suc- SEC. 109. Notwithstanding any other provision cessor thereto may not represent that the cor- poses, namely: SEC. 101. (a) Such amounts as may be nec- of this Act, except section 106, for those pro- poration is federally chartered or in any other essary, at a rate for operations as provided in grams that would otherwise have high initial manner authorized by the Federal Government. the applicable appropriations Acts for fiscal rates of operation or complete distribution of ap- (i) LEASE GUARANTEES AND POLLUTION CON- year 2011 and under the authority and condi- propriations at the beginning of fiscal year 2012 TROL.—Part A of title IV of the Small Business tions provided in such Acts, for continuing because of distributions of funding to States, Investment Act of 1958 (15 U.S.C. 692 et seq.) is projects or activities (including the costs of di- foreign countries, grantees, or others, such high repealed. rect loans and loan guarantees) that are not initial rates of operation or complete distribu- (j) ALTERNATIVE LOSS RESERVE.—Paragraph tion shall not be made, and no grants shall be (7) of section 508(c) of the Small Business In- otherwise specifically provided for in this Act, that were conducted in fiscal year 2011, and for awarded for such programs funded by this Act vestment Act of 1958 (15 U.S.C. 697e(c)) is re- that would impinge on final funding preroga- pealed. which appropriations, funds, or other authority were made available in the following appropria- tives. (k) SMALL BUSINESS TELECOMMUTING PILOT tions Acts: SEC. 110. This Act shall be implemented so PROGRAM.—Subsection (d) of section 1203 of the (1) The Department of Defense Appropriations that only the most limited funding action of Energy Independence and Security Act of 2007 Act, 2011 (division A of Public Law 112–10). that permitted in the Act shall be taken in order (15 U.S.C. 657h) is repealed. (2) The Full-Year Continuing Appropriations to provide for continuation of projects and ac- (l) TECHNICAL AND CONFORMING AMEND- Act, 2011 (division B of Public Law 112–10). tivities. MENTS.— (b) The rate for operations provided by sub- SEC. 111. (a) For entitlements and other man- (1) SMALL BUSINESS INVESTMENT ACT OF 1958.— section (a) is hereby reduced by 1.503 percent. datory payments whose budget authority was Section 411(i) of the Small Business Investment SEC. 102. (a) No appropriation or funds made provided in appropriations Acts for fiscal year Act of 1958 (15 U.S.C. 694b(i)) is amended to read available or authority granted pursuant to sec- 2011, and for activities under the Food and Nu- as follows: tion 101 for the Department of Defense shall be trition Act of 2008, activities shall be continued ‘‘(i) Without limiting the authority conferred used for (1) the new production of items not at the rate to maintain program levels under upon the Administrator and the Administration funded for production in fiscal year 2011 or current law, under the authority and conditions by section 201 of this Act, the Administrator and prior years; (2) the increase in production rates provided in the applicable appropriations Act the Administration shall have, in the perform- above those sustained with fiscal year 2011 for fiscal year 2011, to be continued through the ance of and with respect to the functions, pow- funds; or (3) the initiation, resumption, or con- date specified in section 106(3). ers, and duties conferred by this part, all the tinuation of any project, activity, operation, or (b) Notwithstanding section 106, obligations authority and be subject to the same conditions organization (defined as any project, subproject, for mandatory payments due on or about the prescribed in section 5(b) of the Small Business activity, budget activity, program element, and first day of any month that begins after October Act with respect to loans, including the author- subprogram within a program element, and for 2011 but not later than 30 days after the date ity to execute subleases, assignments of lease any investment items defined as a P–1 line item specified in section 106(3) may continue to be and new leases with any person, firm, organiza- in a budget activity within an appropriation ac- made, and funds shall be available for such tion, or other entity, in order to aid in the liq- count and an R–1 line item that includes a pro- payments. uidation of obligations of the Administration gram element and subprogram element within SEC. 112. Amounts made available under sec- hereunder.’’. an appropriation account) for which appropria- tion 101 for civilian personnel compensation and (2) TITLE 10.—Section 1142(b)(13) of title 10, tions, funds, or other authority were not avail- benefits in each department and agency may be United States Code, is amended by striking able during fiscal year 2011. apportioned up to the rate for operations nec- ‘‘and the National Veterans Business Develop- (b) No appropriation or funds made available essary to avoid furloughs within such depart- ment Corporation’’. or authority granted pursuant to section 101 for ment or agency, consistent with the applicable (3) TITLE 38.—Subsection (h) of section 3452 of the Department of Defense shall be used to ini- appropriations Act for fiscal year 2011, except title 38, United States Code, is amended by strik- tiate multi-year procurements utilizing advance that such authority provided under this section ing ‘‘any of the’’ and all that follows and in- procurement funding for economic order quan- shall not be used until after the department or serting ‘‘any small business development center tity procurement unless specifically appro- agency has taken all necessary actions to re- described in section 21 of the Small Business Act priated later. duce or defer non-personnel-related administra- (15 U.S.C. 648), insofar as such center offers, SEC. 103. Appropriations made by section 101 tive expenses. sponsors, or cosponsors an entrepreneurship shall be available to the extent and in the man- SEC. 113. Funds appropriated by this Act may course, as that term is defined in section ner that would be provided by the pertinent ap- be obligated and expended notwithstanding sec- 3675(c)(2).’’. propriations Act. tion 10 of Public Law 91–672 (22 U.S.C. 2412), (4) VETERANS ENTREPRENEURSHIP AND SMALL SEC. 104. Except as otherwise provided in sec- section 15 of the State Department Basic Au- BUSINESS DEVELOPMENT ACT OF 1999.—Section tion 102, no appropriation or funds made avail- thorities Act of 1956 (22 U.S.C. 2680), section 313 203(c)(5) of the Veterans Entrepreneurship and able or authority granted pursuant to section of the Foreign Relations Authorization Act, Fis- Small Business Development Act of 1999 (15 101 shall be used to initiate or resume any cal Years 1994 and 1995 (22 U.S.C. 6212), and U.S.C. 657b note) is amended by striking ‘‘In co- project or activity for which appropriations, section 504(a)(1) of the National Security Act of operation with the National Veterans Business funds, or other authority were not available 1947 (50 U.S.C. 414(a)(1)). Development Corporation, develop’’ and insert- during fiscal year 2011. SEC. 114. (a) Except as provided in subsection ing ‘‘Develop’’. SEC. 105. Appropriations made and authority (b), each amount incorporated by reference in SEC. 4. TERMINATION OF EMERGING LEADERS granted pursuant to this Act shall cover all obli- this Act that was previously designated as being PROGRAM. gations or expenditures incurred for any project for contingency operations directly related to Notwithstanding any other provision of law, or activity during the period for which funds or the global war on terrorism pursuant to section effective October 1, 2011, the Administrator of authority for such project or activity are avail- 3(c)(2) of H. Res. 5 (112th Congress) and as an the Small Business Administration may not able under this Act. emergency requirement pursuant to section carry out or otherwise support the program re- SEC. 106. Unless otherwise provided for in this 403(a) of S. Con. Res. 13 (111th Congress), the ferred to as ‘‘Emerging Leaders’’ in the docu- Act or in the applicable appropriations Act for concurrent resolution on the budget for fiscal

VerDate Mar 15 2010 03:34 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A21SE7.024 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6317 year 2010, is designated by the Congress for pilot program under section 9(y) of such Act moval functions, including sustaining not less Overseas Contingency Operations/Global War shall continue in effect through the date speci- than necessary detention bed capacity; and on Terrorism pursuant to section 251(b)(2)(A) of fied in section 106(3) of this Act. United States Secret Service protective activities, the Balanced Budget and Emergency Deficit SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, including protective activities necessary to se- Control Act of 1985, except that such amount United States Code, is amended by striking cure National Special Security Events. The Sec- shall be available only if the President subse- ‘‘September 30, 2011’’ and inserting the date retary of Homeland Security shall notify the quently so designates such amount and trans- specified in section 106(3) of this Act. Committees on Appropriations of the House of mits such designation to the Congress. Section SEC. 125. Notwithstanding any other provision Representatives and the Senate on each use of 101(b) of this Act shall not apply to any amount of this Act, effective on the date of the enact- the authority provided in this section. so designated. ment of this Act, of the unobligated balances re- SEC. 128. The authority provided by section (b) Subsection (a) shall not apply to amounts maining available to the Department of Energy 532 of Public Law 109–295 shall continue in ef- for ‘‘Department of Justice—Federal Bureau of pursuant to section 129 of the Continuing Ap- fect through the date specified in section 106(3) Investigation—Salaries and Expenses’’. propriations Resolution, 2009 (division A of Pub- of this Act. SEC. 115. During the period covered by this lic Law 110–329), $500,000,000 is rescinded, SEC. 129. The authority provided by section Act, discretionary amounts appropriated for fis- $774,000,000 is hereby transferred to and merged 831 of the Homeland Security Act of 2002 (6 cal year 2012 that were provided in advance by with ‘‘Department of Homeland Security—Fed- U.S.C. 391) shall continue in effect through the appropriations Acts shall be available in the eral Emergency Management Agency—Disaster date specified in section 106(3) of this Act. amounts provided in such Acts, reduced by the Relief’’, and $226,000,000 is hereby transferred to SEC. 130. Section 550(b) of the Department of percentage in section 101(b). and merged with ‘‘Corps of Engineers-Civil— Homeland Security Appropriations Act, 2007 (6 SEC. 116. Notwithstanding section 101, Flood Control and Coastal Emergencies’’: Pro- U.S.C. 121 note) shall be applied by substituting amounts made available by this Act for ‘‘De- vided, That the amounts made available by this the date specified in section 106(3) of this Act for partment of Defense—Operation and Mainte- section for the Corps of Engineers-Civil shall be ‘‘October 4, 2011’’. nance—Operation and Maintenance, Air Force’’ for emergency expenses for repair of damage SEC. 131. Sections 1309(a) and 1319 of the Na- may be used by the Secretary of Defense for op- caused by the storm and flood events occurring tional Flood Insurance Act of 1968 (42 U.S.C. erations and activities of the Office of Security in 2011: Provided further, That the amounts 4016(a) and 4026) shall be applied by sub- Cooperation in Iraq and security assistance transferred by this section shall remain avail- stituting the date specified in section 106(3) of teams, including life support, transportation able until expended: Provided further, That this Act for ‘‘September 30, 2011’’. SEC. 132. Section 330 of the Department of the and personal security, and facilities renovation each amount transferred by this section is des- Interior and Related Agencies Appropriations and construction: Provided, That the authority ignated as an emergency pursuant to section Act, 2001 (42 U.S.C. 1701 note), concerning Serv- made by this section shall continue in effect 3(c)(1) of H. Res. 5 (112th Congress) and as an ice First authorities, shall continue in effect through the date specified in section 106(3) of emergency requirement pursuant to section through the date specified in section 106(3) of this Act: Provided further, That section 9014 of 403(a) of S. Con. Res. 13 (111th Congress), the this Act. division A of Public Law 112–10 shall not apply concurrent resolution on the budget for fiscal SEC. 133. Notwithstanding section 101, section to funds appropriated by this Act. year 2010. 1807 of Public Law 112–10 shall be applied by SEC. 117. Notwithstanding section 101, funds EC. 126. (a) Notwithstanding section 101, S substituting ‘‘$374,743,000’’ for ‘‘$363,843,000’’ made available in title IX of division A of Public amounts are provided for ‘‘Department of Home- and ‘‘$10,900,000’’ for ‘‘$3,000,000’’. Law 112–10 for ‘‘Overseas Contingency Oper- land Security—Federal Emergency Management SEC. 134. The second proviso of section ations’’ shall be available at a rate for oper- Agency—Disaster Relief’’ at a rate for oper- 1801(a)(3) of Public Law 112–10 is amended by ations not to exceed the rate permitted by H.R. ations of $2,650,000,000: Provided, That the Sec- striking ‘‘appropriation under this subpara- 2219 (112th Congress) as passed by the House of retary of Homeland Security shall provide a full graph’’ and inserting ‘‘appropriations made Representatives on July 8, 2011. accounting of disaster relief funding require- available by this Act’’. SEC. 118. The authority provided by section ments for such account for fiscal year 2012 not SEC. 135. Notwithstanding section 101, 127b of title 10, United States Code, shall con- later than 15 days after the date of the enact- amounts are provided for ‘‘Federal Mine Safety tinue in effect through the date specified in sec- ment of this Act, and for fiscal year 2013 in con- and Health Review Commission—Salaries and tion 106(3) of this Act. junction with the submission of the President’s Expenses’’ at a rate for operations of SEC. 119. The authority provided by section budget request for fiscal year 2013. $14,510,000. 1202 of the John Warner National Defense Au- (b) The accounting described in subsection (a) SEC. 136. Sections 399AA(e), 399BB(g), and thorization Act for Fiscal Year 2007 (Public Law for each fiscal year shall include estimates of 399CC(f) of the Public Health Service Act (42 109–364; 120 Stat. 2412), as extended by section the following amounts: U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- 1204(b) of the Duncan Hunter National Defense (1) The unobligated balance of funds in such plied by substituting the date specified in sec- Authorization Act for Fiscal Year 2009 (Public account that has been (or will be) carried over tion 106(3) of this Act for ‘‘September 30, 2011’’. Law 110–417; 122 Stat. 4623), shall continue in to such fiscal year from prior fiscal years. SEC. 137. Notwithstanding section 101, section effect through the date specified in section (2) The unobligated balance of funds in such 2005 of division B of Public Law 112–10 shall be 106(3) of this Act. account that will be carried over from such fis- applied by substituting ‘‘$0’’ for each dollar SEC. 120. Notwithstanding section 101, cal year to the subsequent fiscal year. amount. amounts are provided for ‘‘Defense Nuclear Fa- (3) The amount of the rolling average of non- SEC. 138. The Export-Import Bank Act of 1945 cilities Safety Board—Salaries and Expenses’’ at catastrophic disasters, and the specific data (12 U.S.C. 635 et seq.) shall be applied by sub- a rate for operations of $29,130,000. used to calculate such rolling average, for such stituting the date specified in section 106(3) of SEC. 121. Notwithstanding any other provision fiscal year. this Act for ‘‘September 30, 2011’’ in section 7 of of this Act, except section 106, the District of Co- (4) The amount that will be obligated each such Act of 1945. lumbia may expend local funds under the head- month for catastrophic events, delineated by SEC. 139. Section 209 of the International Reli- ing ‘‘District of Columbia Funds’’ for such pro- event and State, and the total remaining fund- gious Freedom Act of 1998 (22 U.S.C. 6436) shall grams and activities under title IV of H.R. 2434 ing that will be required after such fiscal year be applied by substituting the date specified in (112th Congress), as reported by the Committee for each such catastrophic event for each State. section 106(3) of this Act for ‘‘September 30, on Appropriations of the House of Representa- (5) The amount of previously obligated funds 2011’’. tives, at the rate set forth under ‘‘District of Co- that will be recovered each month of such fiscal SEC. 140. Commitments to guarantee loans in- lumbia Funds—Summary of Expenses’’ as in- year. curred under the General and Special Risk In- cluded in the Fiscal Year 2012 Budget Request (6) The amount that will be required in such surance Funds, as authorized by sections 238 Act of 2011 (D.C. Act 19–92), as modified as of fiscal year for emergencies, as defined in section and 519 of the National Housing Act (12 U.S.C. the date of the enactment of this Act. 102(1) of the Robert T. Stafford Disaster Relief 1715z–3 and 1735c), shall not exceed a rate for SEC. 122. Notwithstanding section 101, and Emergency Assistance Act (42 U.S.C. operations of $25,000,000,000: Provided, That amounts are provided for the necessary expenses 5122(1)). total loan principal, any part of which is to be of the Recovery Accountability and Trans- (7) The amount that will be required in such guaranteed, may be apportioned through the parency Board, to carry out its functions under fiscal year for major disasters, as defined in sec- date specified in section 106(3) of this Act, at title XV of division A of the American Recovery tion 102(2) of the Robert T. Stafford Disaster Re- $80,000,000 multiplied by the number of days and Reinvestment Act of 2009 (Public Law 111– lief and Emergency Assistance Act (42 U.S.C. covered in this Act. 5), at a rate for operations of $28,350,000. 5122(2)). SEC. 141. (a) RENEWAL OF IMPORT RESTRIC- SEC. 123. (a) Section 9(m) of the Small Busi- (8) The amount that will be required in such TIONS UNDER BURMESE FREEDOM AND DEMOC- ness Act (15 U.S.C. 638(m)) shall be applied by fiscal year for fire management assistance RACY ACT OF 2003.— substituting the date specified in section 106(3) grants, as defined in section 420 of the Robert T. (1) IN GENERAL.—Congress approves the re- of this Act for ‘‘September 30, 2011’’. Stafford Disaster Relief and Emergency Assist- newal of the import restrictions contained in (b) Notwithstanding section 9(n)(1)(A) of the ance Act (42 U.S.C. 5187). section 3(a)(1) and section 3A (b)(1) and (c)(1) of Small Business Act (15 U.S.C. 638(n)(1)(A)), the SEC. 127. Any funds made available pursuant the Burmese Freedom and Democracy Act of Small Business Technology Transfer Program to section 101 for the Department of Homeland 2003. shall continue in effect through the date speci- Security may be obligated at a rate for oper- (2) RULE OF CONSTRUCTION.—This section fied in section 106(3) of this Act. ations necessary to sustain essential security ac- shall be deemed to be a ‘‘renewal resolution’’ for (c) Notwithstanding section 9(y)(6) of the tivities, such as: staffing levels of operational purposes of section 9 of the Burmese Freedom Small Business Act (15 U.S.C. 638(y)(6)), the personnel; immigration enforcement and re- and Democracy Act of 2003.

VerDate Mar 15 2010 03:34 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\CR\FM\A21SE7.023 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6318 CONGRESSIONAL RECORD — HOUSE September 21, 2011 (b) PAYGO COMPLIANCE.—The budgetary ef- availability of defense survival equip- aster funding in that capacity. But fects of this section, for the purpose of com- ment for our troops abroad. In addi- with respect to this continuing resolu- plying with the Statutory Pay-As-You-Go Act of tion, this CR will help meet the needs tion, at this time we do not have all of 2010, shall be determined by reference to the lat- of the thousands of families, busi- the necessary information on the cost est statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this section, submitted nesses, and communities burdened by of the recent disasters nor the time to for printing in the Congressional Record by the recent natural disasters by providing work out a final comprehensive agree- Chairman of the House Budget Committee, pro- an immediate $1 billion in emergency ment with the White House and the vided that such statement has been submitted 2011 funding now as well as an addi- Senate. prior to the vote on passage. tional $2.65 billion for the next year. As Members of this body know, back (c) EFFECTIVE DATE.—This section shall take We are helping our citizens get back on in their home districts, the FEMA ad- effect on July 26, 2011. their feet. ministration works to survey the dam- (d) APPLICABILITY.—This section shall not be subject to any other provision of this Act. The $776 million in the bill for the age and report that to the White House This Act may be cited as the ‘‘Continuing Ap- FEMA Disaster Relief Fund, which is who, in turn, makes the request to propriations Act, 2012’’. $276 million more than the President or Congress for disaster funds. That’s the The SPEAKER pro tempore. Pursu- the Senate proposed, is time-sensitive normal procedure in which we are in- ant to House Resolution 405, the mo- and critical. That fund is now below volved now, and I assure the Members tion shall be debatable for 1 hour, $250 million and is running out of that, as we get those estimates from equally divided and controlled by the money fast. Unless we provide addi- the White House in the next few weeks chair and ranking minority member of tional funding, within a matter of days and months, they will be addressed and the Committee on Appropriations. the Disaster Relief Fund will soon be monies will be available. The gentleman from Kentucky (Mr. empty, leaving millions of people in Therefore, we must meet the most ROGERS) and the gentleman from Wash- the lurch. immediate need and provide additional ington (Mr. DICKS) each will control 30 The $1 billion in emergency funding funding now for FEMA to keep that minutes. for fiscal year 2011 has been offset by a program going for the next several The Chair recognizes the gentleman cut to the Department of Energy’s Ad- months. That’s what this continuing from Kentucky. vanced Technology Vehicle Manufac- resolution does and why we, the House Mr. ROGERS of Kentucky. Mr. turing loan program, which has more and Senate, have to pass this bill im- Speaker, I rise today to bring to the than $4 billion in unspent idle funds in mediately. floor the continuing appropriations the pipeline. It has been there for 3 This CR lives up to the guidelines set resolution to keep the Federal Govern- years. Now is the time to use those idle in the Budget Control Act, as well as ment operating until November 18 of dollars for true and immediate pur- our commitment to responsible and re- this year. For procedural reasons, this poses: aiding our fellow citizens in duced levels of spending. We can ride is being done as an amendment to the their times of greatest need as they our fiscal ship while still supporting Senate amendment to H.R. 2608 to cope with the aftermath of wildfires, the essential government programs and speed passage through the Senate, at tornadoes, earthquakes, and hurri- services and disaster aid. their request; but in substance, this is canes—an unprecedented string of dis- With this in mind, it is my intention the same as the continuing resolution, asters in this country. that Congress complete the fiscal year H.J. Res. 79, that I introduced on Sep- Now, the notion of offsetting emer- 2012 appropriations work without any tember 14. further delay. The sooner we pass this This CR, Mr. Speaker, will give Con- gency spending has gotten a lot of at- CR, the sooner we can focus on this gress the time needed to complete fis- tention as of late. Let me be very clear long-term appropriations legislation cal year 2012 appropriations and to ade- that offsetting emergency spending is quately fund vital government pro- not a unique practice. In fact, over the and get it done before November 18. I urge my colleagues in both Cham- grams and services by working to put last 10 years, the Congress has used off- bers to support this bill so we can send Federal spending on a more sustainable sets in at least 15 of 30 emergency sup- it to the President as soon as possible. course. Just as significantly, this bill plemental spending bills—half of them. I reserve the balance of my time. provides desperately needed funding for In total, the Congress has passed over Mr. DICKS. I yield myself such time disaster recovery and relief. $60 billion in emergency offsets in the I would have preferred to have com- last 10 years, most of which had a large as I may consume. Madam Speaker, I rise in reluctant pleted the appropriations process in amount of support on both sides of the opposition to the continuing resolu- regular order, and I believe the House aisle, including the support of former made great strides in doing so. The Ap- Speaker PELOSI. tion. For the most part, it is a clean propriations Committee moved on 11 of The loan program used as an offset in CR. It provides funding at $1.043 tril- the 12 annual appropriations bills, and this bill has had excess funds for years, lion through November 18. The amount six bills have cleared the House; but we and taking the money will not nega- reflects the Budget Control Act cap on still need time to collaborate with our tively affect that program. All entities FY 2012 appropriations. The CR con- colleagues in the Senate in order to in final loan stages will still get the tinues funding as provided in FY 2011 complete this work, and a short-term funding they’ve worked for. Further- with a 1.503 percent across-the-board bill will allow us to do so. more, this offset is identical to the one cut to come down from approximately As we saw last year and into the already passed by the House in June as 1.059 to 1.043. spring, the threat of a government part of the Homeland Security appro- The CR adds a handful of anomalies shutdown causes dangerous economic priations bill. We’ve already voted for requested by the administration instability, and at this precarious it. through OMB, including provisions to cut back on overseas contingency oper- time, we need to bolster American pub- b 1600 lic confidence that their representa- ations funds from the level of 2011 down tives in Washington are working for In addition, the committee will con- to the level that was passed in the De- them and are not letting politics come tinue to consider additional disaster fense appropriations bill, which is ap- before people. funding over the next few weeks as we proximately 118; authorize DHS work The CR continues government oper- bring the fiscal year 2012 appropria- on national special security events; ex- ations at a rate of $1.043 trillion—the tions process to a close, hopefully by tend flood insurance; and delay the total amount agreed to by the Congress November 18, including reviewing esti- Postal Service payment obligation. and the White House in the Budget mates that are still coming in from re- The last provision will allow mail serv- Control Act. It’s clean of most policy cent disasters so that families and ice to continue while Congress pursues provisions to ensure swift passage, but communities can get the assistance legislative reforms. we’ve provided small changes for safe- they need while making sure that The matter that concerns me and the ty, security, and continuity of essen- every dollar is well spent. Democratic Caucus is the way the ma- tial programs. The Budget Control Act, which both jority has provided disaster relief fund- For instance, we’ve extended Federal Houses in Congress and the White ing. FEMA’s Disaster Relief Fund is flood insurance availability and the House agreed to, provides for 2012 dis- precariously short on money in FY

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.023 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6319 2011. Americans are trying to rebuild ers before receiving the loan. Today, bill that passed this House with bipar- their lives after the devastating effect they have 1,400 employees in the fields tisan support in June. Exactly the of floods, wildfires, and hurricanes in a of engineering research and develop- same. And yet the Senate didn’t act record year of natural disasters, and ment, design, manufacturing, assem- and that billion dollars was not avail- FEMA is running out of resources to bly, maintenance, service, sales, and able for disaster relief. help them. support. States with applications in the queue FEMA has deferred funding for all The ATVM program has an addi- in this program, like Indiana, Lou- long-term rebuilding projects to focus tional 18 loan applications in progress isiana, Ohio, Michigan, Florida, Mis- on immediate needs. The administra- that are projected to create 50,000 to souri, California and many others, will tion requested a $500 million supple- 60,000 more jobs, in total, in California, still receive their due diligence just mental appropriation for the remaining Florida, Illinois, Indiana, Louisiana, like before and could receive awards as days in the fiscal year. They requested Michigan, Missouri, and Ohio. One well. 2011 emergency funds. They did not rec- pending application would support in- I reserve the balance of my time. ommend an offset. This has been the vestments at 11 plants in Illinois, Indi- Mr. DICKS. I yield 4 minutes to the practice for supplemental disaster re- ana, Michigan, and Ohio. The company gentleman from North Carolina (Mr. lief. employs over 56,000 workers, and they PRICE). Since 2002, Congress appropriated $95 are adding nearly 9,000 new workers Mr. PRICE of North Carolina. Madam billion in supplemental disaster relief. since 2009. Some of the jobs will be at Speaker, the fact that we are even de- All of it was designated as an emer- risk by using this offset. bating the substance of this continuing gency, and none of it was offset. Some This is not the time to put American resolution is a telling statement about other emergencies may have been paid manufacturing jobs at risk. If you want the priorities of the current House ma- for during the Clinton administration; to make it in America, you can’t take jority. however, during the Bush administra- away this funding. FEMA’s disaster relief fund, after all, tion, this was not so for disaster relief. is operating on fumes. Since late Au- Now, there were other categories of b 1610 gust, the agency has deferred funding emergency spending and other If there is one thing we’ve learned on for all long-term rebuilding projects in supplementals that were offset but not the economic forefront, it’s that we order to have enough resources to meet disaster relief. need a growth policy, we don’t need a the most pressing emergency needs. For fiscal years 2002 through 2006, cut policy. Cut and grow just ain’t so. This means that critical rebuilding ef- President Bush requested supplemental I would point out that we need to get forts in over 40 States—Louisiana, Mis- disaster relief funding eight times. people back to work. And the way you sissippi, Florida, Iowa, North Dakota, Each of the eight times was designated do that is programs like this that are Tennessee, Missouri, Alabama, my own as an emergency and none were offset. going to hire people instead of fire peo- State of North Carolina and others— With Republicans in the majority, ple. We have been doing a lot of firing, are on hold. Thousands of people who some of the Bush emergency disaster and it hasn’t worked. When are we would currently be earning a good pay- relief bills, without offsets, were ap- going to wake up? When is the major- check by working on rebuilding efforts proved by voice vote and some were ity party going to realize that we have are not, and communities that are still considered under unanimous consent. to do something to create growth and recovering from past disasters are Nonetheless, House Republicans stimulate the economy and put people being told to move to the back of the today insist on departing from this back to work? The only way we’re line to make way for those affected by practice. They take $1.5 billion from going to get the deficit down is to the more recent disasters. the Advanced Technology Vehicle Man- bring unemployment down. Madam Speaker, this Congress has a ufacturing program at the Department This is an employment program. It responsibility to make good on our of Energy to pay for $1 billion in dis- should be supported. We should defeat promise to these communities by en- aster relief, disaster and emergency re- the continuing resolution and come up suring that FEMA has enough re- lief. We have discussed compromise with—either take this out or come up sources to respond to all major disas- with the other side. They have been un- with another offset that doesn’t hurt ters. Regardless of where and when willing to accept our suggestions. job creation in our country. The Advanced Technology Vehicle they occurred, we must not pit one I reserve the balance of my time. Manufacturing program was started in State or one region against the other. Mr. ROGERS of Kentucky. Madam 2008 to reinvigorate American manu- The administration has made clear Speaker, I yield myself 2 minutes. facturing. To date, this program has what it will take: a $500 million supple- The gentleman mentioned in his awarded $3.5 billion of credit subsidy to mental appropriation for the remainder statement that we had not used offsets promote energy efficient advanced ve- of this fiscal year, and an increase of hicles and their component parts. The to fund disaster relief; I beg to differ. $4.6 billion above its initial request for Department of Energy estimates that In 2001, emergency supplemental, off- fiscal year 2012. This CR includes $1 bil- loan guarantees have created or main- set; 2002, emergency supplemental, off- lion in supplemental fiscal 2011 fund- tained, in total, 39,000 jobs in Cali- set; 2004, disaster relief for wildfire and ing, and a $2.65 billion downpayment fornia, Delaware, Illinois, Indiana, others, offset. And in 2005, offset for re- toward fiscal 2012. But I’m not satisfied Kentucky, Ohio, Michigan, Missouri, lief for the tsunami. In 2006, relief for with either the amount or with the and Tennessee. Katrina, offset. In 2008, disaster relief price of inclusion. Some have suggested that this pro- and recovery, $20 billion in offsets. I Since 2002, Congress has appropriated gram has been slow to spend emer- could go on. There are many times $95 billion in supplemental funding for gency funding provided in the FY 2009 where we have used the offsets to pay the disaster relief fund and additional CR. I say the loan review process is and for supplementals. In fact, over the last disaster funding for the Corps of Engi- ought to be strenuous. One company, 10 years, 15 of the 30 emergency spend- neers. Those are the two accounts we Tesla, originally applied under a dif- ing bills and supplementals were offset, are talking about here, and that has all ferent loan program in 2006 and re- for a total of $60 billion over the last 10 been designated as an emergency and ceived an ATVM loan in 2010. It re- years. none of it offset. quired 4 years of due diligence and re- Now, on this offset that has been Now, at a time when communities up view to qualify for the loan. mentioned, over $4 billion sits idle in and down the eastern seaboard are still Having read many of the press re- that account and has so for 3 years now reeling from the aftermath of Hurri- leases that went out when there was as the administration has been slow to cane Irene, at a time when millions of another DOE program that ran into obligate that money. The $1.5 billion Americans are still struggling to find a difficulties, I didn’t note anybody there rescission in subsidies we propose will good job, House Republicans are telling saying we shouldn’t take time for due not have a significant impact on the us that this time around, FEMA won’t diligence. Due diligence is required. program. This is the same rescission, get any more disaster relief funding for By the way, the company in ques- Madam Speaker, that we used in the the current year unless we take money tion, Tesla, employed about 400 work- 2012 Homeland Security appropriations from another Federal agency. This is a

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.093 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6320 CONGRESSIONAL RECORD — HOUSE September 21, 2011 radical departure from the way in erly and responsibly address the ad- needs to have the intestinal fortitude which both parties have treated emer- ministration’s full supplemental re- to understand that we have natural gency disaster relief over the past dec- quest, a request that was submitted to disasters every year, and we need to set ade, and it will undermine our eco- Congress only about 2 weeks ago. And aside moneys to fund those and not to nomic recovery. while Congress has an undeniable obli- take money out of investment ac- The Advanced Technology Vehicle gation to thoroughly address our Na- counts that create jobs in the United Manufacturing program which our Re- tion’s disaster relief needs, we can no States of America. publican colleagues propose to can- longer afford to simply throw money at We have two problems that we’re dis- nibalize, that program stands to add calamities and then ask the hard ques- cussing today. One is a natural prob- tens of thousands of good paying jobs tions later on. We have to get our fund- lem. We have had tornadoes, we have in an industry that will be critical to ing priorities right the first time, and had floods, we have had hurricanes, we our future economic competitiveness. that is exactly what both Chairman had an earthquake, and we have had This is a bad precedent, and it’s bad ROGERS and I have repeatedly said wildfires. So what is new? policy. when it comes to appropriations for The fact is in every year save two It’s no wonder the American people homeland security. since 1997, the Congress has recognized are fed up with Congress. Once again Madam Speaker, this CR is the right the need for emergency funds to re- the majority is putting partisan ide- tool for the right time, and I urge my spond to the impacts of natural disas- ology ahead of the dire needs of the colleagues to support this vital resolu- ters on our Nation’s water resources in- American people by telling our com- tion and responsibly address our Na- frastructure. Since 2001, the Congress munities they won’t get relief until we tion’s most pressing needs. has provided more than $24 billion in wage yet another budget battle here in Mr. ROGERS of Kentucky. Will the emergency funds to the Army Corps of Congress. gentleman yield? Engineers for this very purpose. And I urge my colleagues to oppose this Mr. ADERHOLT. I yield to the gen- according to the Corps of Engineers, we approach and instead support the dis- tleman from Kentucky. have spent $5.12 billion on an emer- aster relief measure approved by the b 1620 gency basis in Afghanistan and Iraq on Senate which would fully fund FEMA’s economic infrastructures. needs without requiring yet another Mr. ROGERS of Kentucky. The gen- Now, some suggest all of this has to fight over spending offsets. tleman is the chair of the Homeland be offset because we have a fiscal cri- Mr. ROGERS of Kentucky. Madam Security Subcommittee which funds sis. I would point out that those emer- Speaker, I yield 3 minutes to the gen- FEMA. gency declarations for water emer- tleman from Alabama (Mr. ADERHOLT), Mr. ADERHOLT. Exactly. gencies in 1998 occurred and the budget Mr. ROGERS of Kentucky. Now, you chair of the House Appropriations Sub- of the United States was balanced. passed a bill back in June that pro- committee on Homeland Security. There was an emergency declaration as vided $1 billion for FEMA for disaster Mr. ADERHOLT. I want to thank the far as those water projects in 1999, and relief; is that right? distinguished chairman of the full Ap- we had a balanced budget. There was propriations Committee for yielding, Mr. ADERHOLT. We passed that. Mr. ROGERS of Kentucky. What hap- not an emergency declaration in 2000, and, Madam Speaker, I rise in strong pened to that bill? and we balanced a budget. In 2001 we support of this must-pass resolution. Mr. ADERHOLT. It passed the com- had an emergency declaration for Not only does this CR provide the mittee. water disasters, and we balanced the necessary funds and authority to keep Mr. ROGERS of Kentucky. I mean, budget. That’s not an argument not to the government open, it also provides after it passed the House. meet the human crisis that people are an immediate and a substantial infu- Mr. ADERHOLT. And it passed the facing in this country. sion of vital funding to both FEMA’s House and was sent to the Senate. I certainly think that my colleague disaster relief efforts and the Corps of Mr. ROGERS of Kentucky. And what from Washington covered the account Engineers’ flood control and coastal happened then? as far as vehicle manufacturing very emergency account, and it does all of Mr. ADERHOLT. And that’s where well and the investment it represents this in a fiscally responsible way. This it’s sitting. and the jobs maintained and created resolution before us today complies Mr. ROGERS of Kentucky. Nothing that are represented again in this ac- with the recently enacted Budget Con- has taken place in the Senate since count. trol Act and provides the Appropria- June? And certainly Chairman ROGERS tions Committee of the House and Sen- Mr. ADERHOLT. Absolutely. makes a point, and rightfully so, that ate ample time to do our work on the Mr. ROGERS of Kentucky. And your many of these dollars have now been FY 2012 budget. bill would have provided $1 billion allocated to specific loan programs and For the hard-hit communities all today for disaster relief, and the other others, eight specifically, will be re- across the country, including my home body hasn’t acted? solved by the end of this year. Again, State of Alabama, which was hit hard Mr. ADERHOLT. We did that, as you this offset would not impact those, and back in April, and those devastated by say, back well before June. It passed the chairman is absolutely correct. fires, floods, tornadoes, and hurricanes the House in June, and it sits over However, I do point out to my col- over the past 12 months, this CR will there even today. leagues that the remaining 10 projects sustain FEMA’s disaster relief and re- Mr. ROGERS of Kentucky. No won- are in the stage of due diligence, the covery efforts and help the Corps with der they’re operating on fumes. same words that my colleague from additional funding for emergency flood I’m talking about FEMA. Washington used, to compete for the control projects. I thank the gentleman for yielding. remainder of the $1.5 billion with ap- As I mentioned, my home State of Mr. DICKS. I yield 4 minutes to the proximately 10,000 jobs at stake. Alabama was hit hard back on April 27, distinguished gentleman from Indiana Mr. DICKS. Will the gentleman so if anyone is interested in sustaining (Mr. VISCLOSKY), the ranking member yield? FEMA’s disaster relief, it would be me. of the Energy and Water Appropria- Mr. VISCLOSKY. I yield to the gen- And I do believe this bill does the job, tions Subcommittee. tleman from Washington. and just that. Mr. VISCLOSKY. I appreciate the Mr. DICKS. Isn’t it true that the in- The duration of this CR will provide gentleman yielding, and I rise to op- dustrial States are the ones that are the time to review and scrutinize pose the taking of the $1.5 billion from getting most of this money because FEMA’s preliminary damage estimates the advanced technology vehicle manu- that’s where the automobile industry for Hurricane Irene, estimates that are facturing account to offset a portion of has over the years been located? based on historical projections rather the Army Corps disaster needs esti- Mr. VISCLOSKY. The gentleman is than actual data and claims that are mated to be $2.256 billion instead of de- correct. But I would broaden that to still in the process of being collected. claring this matter an emergency. suggest the United States of America This oversight will enable the Appro- I do think as a matter of policy this is getting that money, and people who priations Committee the time to prop- institution and the Congress as a whole want to make things in the United

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.094 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6321 States of America and manufacture Mr. ROGERS of Kentucky. I yield 3 result of Hurricane Irene and Tropical things in the United States of America minutes to the distinguished chairman Storm Lee, you won’t get enough to are getting that money. of the Subcommittee on Foreign Oper- cover all of your damages and we’re Mr. DICKS. Isn’t it true we already ations of Appropriations, the gentle- going to have to cut other investments know this program works, this pro- lady from Texas (Ms. GRANGER). in programs that create manufacturing gram received $7.5 billion, and $3.5 bil- Ms. GRANGER. Madam Speaker, I jobs in America. That’s simply out- lion of it has been obligated and is out rise today in support of this bill to rageous. there as loans? I think it tripled under fund the continuing operations of the I saw firsthand the devastation that the loan guarantee program. Federal Government until November occurred in my district in northeastern The SPEAKER pro tempore (Mrs. 18. I appreciate the leadership of Chair- New Jersey. Thousands of my constitu- CAPITO). The time of the gentleman has man ROGERS in addressing the respon- ents lost their possessions, were forced expired. sibilities of this Congress. to evacuate from their homes or were Mr. DICKS. I yield the gentleman 2 Passing this stopgap measure will without power for days, and critical in- additional minutes. give Congress time to complete the fis- frastructure was damaged. Recovery ef- And so we are seeing that this pro- cal year 2012 appropriations process. In forts are beyond the means of the State gram actually works. I mean, if there spite of our late start, the Appropria- and local governments. Our neighbors, was some question that it was some- tions Committee was still able to move our local communities, our local busi- thing that hasn’t worked, but it is cre- 11 of the 12 appropriations bills this nesses need Federal help to rebuild and ating jobs and it will create jobs in the year. However, the committee still they need it now in full, just like every future. And there is a whole bunch of needs time to collaborate with the Sen- other part of the country in all the people in there making applications ate. years past. from many of these States that you The continuing resolution funds vital This is not a partisan matter in the and I just talked about. Mr. VISCLOSKY. Right. We have 10 government programs and services and Northeast. My Republican Governor, pending, and I would not be on the allows essential bills to be paid. It re- Governor Chris Christie from New Jer- floor if I did not believe we’ve main- duces spending to the levels agreed to sey, said our people are suffering now tained and created jobs and we have po- by the Congress and the administration and they need Federal support now, tentially 10,000 more jobs than we can in the Budget Control Act that was and he was right. create with the $1.5 billion that is signed into law in August. And it It is time to meet the disaster needs pending; and I would point out, again, avoids controversial policy riders in of American citizens in New Jersey, in I would broaden your observation to order to ensure swift passage. northeastern United States of America, the entire United States of America. There are many reasons Members to do so now and in full. And the Re- I mentioned two problems we face. should support this bill. Perhaps one of publican majority should get rid of the The second is manufacturing in the the most important is what this bill bill it has now—which I’m going to United States of America. In 1977, we does for our military. Without a CR, vote against—and give full relief to the had over 18 million Americans engaged our servicemembers and their families American people from New Jersey. in manufacturing. Last year, we had don’t get paid. They would have to con- We’ve been paying the tab for others over 11 million. The real hourly wage tinue to do their work protecting the for a long time. We need the help now. for what an American worker is paid country, but they would have to do it Mr. DICKS. Madam Speaker, may I for 1 hour’s worth of their physical while worrying about whether they inquire as to how much time remains labor, whatever they may do in this would be able to pay their bills or on both sides? country, is 53 cents less in 2010 than it mortgage. The SPEAKER pro tempore. The gen- was in 1977. That’s not the country I Our brave men and women in uniform tleman from Washington has 91⁄2 min- want to leave the children of this already faced that possibility earlier utes remaining and the gentleman world, and I’m convinced it’s because this year. They deserve better. They from Kentucky has 141⁄2 minutes re- of the loss of those manufacturing jobs. need to know that the United States maining. If it’s good enough to declare an Congress stands behind them. This bill Mr. ROGERS of Kentucky. Madam emergency and build a children’s hos- addresses disaster relief, and it funds it Speaker, I yield 2 minutes to a very pital in Basra, Iraq, we ought not to in a responsible way. hardworking member of our com- mittee, the gentleman from Oklahoma take money out of an investment ac- b 1630 count that creates jobs in the auto in- (Mr. COLE). dustry to help people in Tuscaloosa, I urge my colleagues to support this Mr. COLE. I thank the gentleman for Alabama. bill so it can be enacted as soon as pos- yielding. If it is good enough to declare an sible and the Appropriations Com- Madam Speaker, I rise to urge sup- emergency to have generators installed mittee can complete its work without port of H.R. 2608, the Continuing Reso- in Kandahar, Afghanistan, by the Army any further delay. This is a responsible lution Act of 2012. Corps of Engineers, we ought not to action for us to take to go forward. The Frankly, I had hoped not to be here take money away from job-creating American people expect the Congress in this particular capacity. I had hoped programs to help people in Springfield, to do our jobs. The Appropriations by this point this year we would have Massachusetts. If it’s good enough to Committee must complete its work. been able to restore complete regular build a hydroelectric dam in Afghani- Mr. DICKS. Madam Speaker, I yield order and move our appropriations bills stan on an emergency basis, we ought 21⁄2 minutes to the distinguished gen- through in a normal fashion. And, to declare an emergency to help people tleman from New Jersey (Mr. ROTH- frankly, thanks to the leadership of in Smithville, Mississippi. MAN), a member of the Appropriations Chairman ROGERS and the cooperation The SPEAKER pro tempore. The Committee. of Chairman DICKS, we’ve made a lot of time of the gentleman has again ex- Mr. ROTHMAN of New Jersey. I progress in doing just that, and hope- pired. thank my distinguished chairman and fully next year we’ll be able to com- Mr. DICKS. I yield the gentleman 1 the ranking member for this conversa- plete that progress and build upon additional minute. tion. what’s been accomplished this year. Mr. VISCLOSKY. I think I have made Madam Speaker, Congress has found However, there is a genuine need for my point. I think the gentleman has, the money over the years for disaster this continuing resolution at this par- and I think this is the wrong policy. relief for all other parts of the country ticular time for a number of reasons. Again, institutionally we need to come time and time again, whether it was First, with all due respect, our to grips with natural disasters, set forest fires in the West, droughts in the friends on the other side of the aisle those moneys aside; but in the alter- Southwest, flooding in the Midwest, didn’t write a budget this year, and native and in the intermediate term, tornados in the South. Now the Repub- that took up quite a bit of time earlier we need to recognize them for what lican majority in the House of Rep- this year getting ready for 2011. Sec- they are and not rob the future of this resentatives says that when the North- ond, we all know we had a prolonged Nation economically to do so. east suffers devastating flooding as a debate over the debt ceiling. That took

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.097 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6322 CONGRESSIONAL RECORD — HOUSE September 21, 2011 up a lot of time. And finally, with all weapons? No. Are we going to cut the passed one, and so we find ourselves due respect to our friends on the other breaks that we give to oil and coal? No, now in a situation where we have to side of the Rotunda, the Senate oper- we’re not going to touch those things. pass a continuing resolution. ates at a rather leisurely pace these Where are we going? What does the Re- But, again, all the subcommittees days when it comes to budgeting and publican Party do? What does the Tea that came before this full House funded appropriating—and, frankly, has for Party want? I ask what the Tea Party their subcommittees at less than last several years. That needs to change. wants. year’s level. We now have a continuing Some people in this Chamber will op- The Tea Party wants to cut the Clean resolution that has funding that’s less pose this bill because it ‘‘doesn’t have Car Factory Fund. Now, what is that? than last year. It’s been agreed to by enough money for disaster relief.’’ The Well, that’s the fund that we have the House, agreed to by the Senate, reality is it does. And we can add to that’s going to invent the automobiles and agreed to by the President. that, once the continuing resolution is and the trucks that go 60, 70, 80, 90 And we can argue about the process. completed and the appropriations proc- miles per gallon without having to use We can argue about whether it should ess moves forward, as necessary with oil. Now, why is that important? Two be a little more or a little bit less. But due diligence. reasons: One, it’s the oil that’s being we’ll give ourselves until November 18 Frankly, a lot of this talk about not burnt that creates the greenhouse to finalize all the work that needs to be having enough relief is simply a ruse to gases that are warming up the planet, done. And so I think it’s appropriate spend more money in other areas with- causing all of these weather conditions that we pass this, move forward, and out being responsible and offsetting ex- that are leading to these disaster relief continue to try to get a handle on the penses from existing revenue. Some on programs that have to have more spending to help get our economy mov- my side of the aisle will oppose this money in them as each year goes by; ing again. Mr. DICKS. May I inquire how much legislation because it spends too much. and, two, it is so that we can tell the time remains? And, frankly, I have a good deal of OPEC ministers, We don’t need your oil The SPEAKER pro tempore. The gen- sympathy with that. We all would like any more than we need your sand. tleman from Washington has 7 minutes to lower spending while taking care of So what are they doing here today? remaining. The gentleman from Ken- legitimate disaster relief. They’re taking the one program that is tucky has 101⁄2 minutes remaining. But this agreement is one that oper- central to the health and well-being of Mr. DICKS. I reserve the balance of ates under a total spending level. It’s our country and to our national secu- my time. been worked out and it’s a compromise, rity—so that we alter our relationship Mr. ROGERS of Kentucky. Madam and it’s one that we ought to honor, with OPEC—and they are slashing it. Speaker, I yield 3 minutes to the dis- honestly, on both sides of the aisle. They are slashing the one program tinguished chair of the Labor-HHS And my friends who oppose it because that reinvents the vehicles that we Subcommittee, the gentleman from it spends too much will only end up drive. They are slashing the one pro- Montana (Mr. REHBERG). triggering additional spending if this gram that gives young people in our Mr. REHBERG. Thank you, Mr. legislation doesn’t pass. It’s a respon- country some hope that we are going Chairman. sible bill. to invent our way out of this problem. Madam Speaker, there is no phrase The SPEAKER pro tempore. The You don’t have to be Dick Tracy to that better embodies the fact that time of the gentleman has expired. figure out what’s going on here. The oil something here in Washington is bro- Mr. ROGERS of Kentucky. I yield the industry, the coal industry, all of the ken than ‘‘government shutdown.’’ gentleman an additional 30 seconds. polluting industries are saying kill the Yesterday we heard those words for the Mr. COLE. In closing, Madam Speak- program that makes sure that the ve- second time in a year, and that tells us er, it’s a responsible piece of legisla- hicles we get in 20 years get 75 or 100 the old ways of doing things simply tion. We ought to act on it. miles per gallon without using one gal- don’t work anymore. It’s time for a Frankly, it shouldn’t be a partisan lon of oil. new direction. football. We can take care of people Vote ‘‘no’’ on this terrible bill. Every month we’re faced with new that need relief fully and expedi- Mr. ROGERS of Kentucky. Madam unemployment numbers, new market tiously, we can exercise our respon- Speaker, I yield 2 minutes to the dis- losses, and new deficit figures. We can sibilities in appropriate oversight fash- tinguished chair of the Legislative never forget that behind those numbers ion, and we can continue to work to- Branch Appropriations Subcommittee, are people. Unemployment isn’t just a ward deficit reduction in the long term the gentleman from Florida (Mr. CREN- number; it’s people who worry about if we pass this continuing resolution. SHAW). how they will fill their gas tanks or Mr. DICKS. Madam Speaker, I yield Mr. CRENSHAW. I thank the gen- put food on their table. 21⁄2 minutes to the ranking Democratic tleman for yielding the time. Market losses aren’t just lines on a member of the Natural Resources Com- I just want to urge my colleagues to graph; it’s the retirement savings of mittee, Congressman ED MARKEY of vote in favor of this continuing resolu- seniors across the country who strug- Massachusetts. tion. gle to afford medicine they need. And Mr. MARKEY. I thank the gentleman This body has been doing a lot of deficit isn’t just borrowed money; it’s from Washington State. things to try to get the economy mov- the future being stolen from our chil- We’re having 100-year floods every ing again, to try to put people back to dren and our grandchildren. year. We’re having tornados rip work, create jobs. One of the ways we As subcommittee chairman of Labor, through Joplin. We have floods in can do that is to change this culture of Health and Human Services and Edu- Vermont, in New Jersey, New York. We spending into a culture of saving. Quit cation appropriations, I support this have hurricanes all across the country. crowding out the private sector so that continuing resolution. Not only does it We have 48 States who have had emer- the private sector can come in and do prevent a government shutdown, it gency declarations so far this year. The the job creation that we know they can gives us time to finish working on the planet is warming; the weather is wors- do. remaining appropriations bills in an ening. open and transparent way. What is the response of the Repub- b 1640 I look forward to my subcommittee licans? They have to find the money— We’ve taken some giant steps on introducing and debating their work. they say all of a sudden—for disaster stopping all the spending that’s gone Let me tell you a little bit about it. As relief for people who are suffering, for on here. Last year we did some good we’ve been crafting this bill, I’ve people who are desperate, for people things. Eventually we funded the gov- worked closely with you, Members of whose lives have been altered perma- ernment at less than last year’s level, this body, and listened to folks from nently. and this year we hoped that we would Montana and throughout the country. They say we have to cut something. come in and do the individual Appro- We want it to be a balanced plan that Now, do they say we’re going to cut the priations subcommittees. In the House fundamentally improves how the gov- nuclear weapons program because we passed six of those through the full ernment spends its money, the hard- America doesn’t need any more nuclear House. Unfortunately, the Senate only working money of taxpayers.

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.099 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6323 We want to make government more Reasonable Democrats and Repub- zarre to me today. People have asked accountable and efficient, saving as licans maintained the practice of help- me whether we need to offset emer- much as possible on top of the savings ing constituents in the past. Why this gency spending, and I said emergency from earlier this year. In addition to policy has changed is beyond me. spending does not have to be offset. eliminating inefficient programs, we’ll Madam Speaker, disasters are not as- But if you can find the offsets to do so, improve the remaining government by sociated with one political party, and why not do so? And that’s what we’ve defunding enforcement of unnecessary helping our citizens should be a top pri- tried to do in this bill. and overreaching regulations. These ority of both. This debate seems to me almost de- regulations cost jobs and hamper eco- I urge a ‘‘no’’ vote on the CR, and void of the fact that we are $1.5 trillion nomic recovery. urge the majority to bring a bill to the in debt this year. The gentlelady from By spending strategically, we can floor that fully funds FEMA and Texas, in the debate on the rule, said, maintain critical funding for things doesn’t harm job creation and does the we’re nickel and diming those that are like education and biomedical re- right thing. suffering from disaster, and that we search. To be successful in tomorrow’s Mr. ROGERS of Kentucky. Will the shouldn’t be nickel and diming. economy, our children need to be pre- gentleman yield? I don’t know, but in Idaho, $1.5 tril- pared for the skilled jobs that are Mr. ENGEL. I yield to the gentleman lion, or the $1 billion that we’re offset- going unfilled today. We also need to from Kentucky. ting here, is not nickels and dimes. invest in basic research so the U.S. can Mr. ROGERS of Kentucky. Does the The gentleman from New Jersey said continue to be a leader in biomedical gentleman realize that back in June, in people need relief now in New Jersey. advancements. Our subcommittee this body we passed, with bipartisan They are going to get relief when we wants to do that. support, the Homeland Security bill, pass this bill. Our legislation will keep the promise which contained $1 billion for FEMA, The gentleman from North Carolina we made to rein in government spend- sent it to the Senate, and it’s been lay- (Mr. PRICE) said, we are cannibalizing ing and government growth. It’s the ing there for the last 3 months? Did the the program that we are taking the next step, not the final one. We still gentleman know that? money out of. In full committee, this have a long way to go, but by finding Mr. ENGEL. I do know that. Unfortu- amendment was offered on the Home- ways to do more with less, we are nately, it’s been difficult passing land Security bill. This amendment changing the direction in Washington. things in the Senate because, quite was offered. There was no objection to That’s what the American people want, frankly, the minority filibusters every- it. It passed on a voice vote. And now and I’m confident that by passing this thing to death, and getting the 60 votes we are cannibalizing the program? continuing resolution it will give us is very, very difficult. We need to pass this so that we can the time to do it in the open and do it Mr. ROGERS of Kentucky. I thank get on and finish our appropriations right. the gentleman for yielding. bills. With that, I hope you’ll vote for this Madam Speaker, I yield 2 minutes to The SPEAKER pro tempore. The gen- continuing resolution. the very hardworking chair of the Inte- tleman from Kentucky has 53⁄4 minutes Mr. DICKS. I yield 2 minutes to the rior subcommittee on appropriations, remaining. The gentleman from Wash- distinguished gentleman from New the gentleman whose subcommittee ington has 5 minutes remaining. York (Mr. ENGEL). held more hearings than any other, I 1650 Mr. ENGEL. I thank the gentleman think 22 different hearings—we had 150 b from Washington for yielding to me, committee-wide, but he won the award Mr. DICKS. I yield 4 minutes to the and I rise today in strong opposition to for the most hearings—the gentleman distinguished Democratic whip, my H.R. 2608, the Continuing Appropria- from Idaho (Mr. SIMPSON). good friend, Mr. HOYER, from Mary- tions Act of 2012. I oppose playing po- Mr. SIMPSON. I thank the chairman land. litical games with FEMA disaster fund- for yielding. Mr. HOYER. I thank the gentleman ing while American citizens are recov- Madam Speaker, many Members of for yielding. ering from recent natural disasters Congress, myself included, recognize I rise in opposition to this bill. that have wiped out homes, businesses, that if we want to get our economy Now, all of us are for a continuing and lives. going again we need to take steps to resolution which keeps the government In an unprecedented move, the Re- get our fiscal house back in order and in business. In the past, on both sides publican majority requires an offset for provide certainty to the marketplace of the aisle, we have talked about clean FEMA funding. FEMA must be fully so small business and job creators can CRs, clean CRs in the short term—this funded so that my constituents can begin hiring again. going to November 18—to keep govern- continue recovering from the devasta- Until we finish the regular appropria- ment running. I was hopeful that we tion of Hurricane Irene. By requiring tions process for the coming year, we would have such a CR this time so we this offset, we’re playing politics with won’t be able to implement the nec- would not continue to give to the the lives of those who need our assist- essary spending reductions and policy American public the feeling that we ance most. reforms needed to get our economy can’t come to agreement. Let me tell my Republican col- moving again. I was not in the Appropriations Com- leagues that if you want an offset, let’s While the House has come close to mittee. The gentleman, my good friend get rid of the Bush tax cuts for the passing all of the appropriation bills from Idaho, said this was an amend- rich. That’s an offset that you won’t out of committee and many of the bills ment that was not opposed in com- want to get rid of. on the floor, the Senate has passed mittee. I don’t know whether Mr. This bill presents a false choice: that only one bill so far. This CR gives us PRICE would agree with that. I don’t we need to cut off one hand to save the time to complete that work, while cut- know what the facts on that were. But other. The bill slashes funds from a ting current spending. To me, that let me say this: program that would reinvigorate the seems like a much more reasonable so- This is a pay-for that is extraor- manufacturing sector and decrease our lution than threatening another gov- dinarily controversial on our side of reliance on foreign oil to fund FEMA. ernment shutdown, which will only the aisle, extraordinarily controversial We can do both, and we need not buy in hurt the economy. because the message we got from to this ridiculous logic. In times of dis- Congress has one responsibility each America as we were home, and as we aster, we must always take care of our year, and that is to pass the 12 appro- get today, is we need to create jobs. We citizens and our country first, period. priations bills by the beginning of the need to grow the economy. We perceive Try telling my constituents who are year. That job has been made harder on this side of the aisle as having se- struggling in the aftermath of a hurri- this year by the fact that the previous lected a pay-for, which, by the way, cane, sorry, you’ll have to wait till we majority did not complete their work pay-for for FEMA disaster aid, as I un- find an offset. Sorry, we really don’t by the end of 2010. derstand it from staff, has never hap- care about your problems. We have But I’ve got to tell you, in all hon- pened before. No precedent for doing other pressing things to do. esty, this debate has almost been bi- this.

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.100 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6324 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Let me give you an example that we tinuing resolution that is before us the threat of another government shut- all ought to all understand. today. This CR continues government down. Your water heater goes out at 2 a.m. operations at an amount agreed to by Now, as was articulated by the dis- in the morning. Your family is going to the Congress and the White House in tinguished chairman a moment ago, get up the next day and they need to the Budget Control Act just a few I’m a freshman, and I realize I’m still take a shower and they need to get weeks ago, as was noted by the distin- learning the ropes of this Chamber and ready, and you need a water heater guished Democrat whip. how things get done, but let’s just go right away. So what do you do? You go But make no mistake, the American back in context. out and buy the water heater. What do people spoke loudly last November and This funds government at levels con- you do? You charge it. Because it’s an the message was clear: We need to sistent with the Budget Control Act emergency, you’ve got to get it online. spend less. And both the House Budget passed in this very room a few weeks We have a lot of people who have suf- Committee and the House Appropria- ago. It addresses disaster funding and fered an emergency assault by hurri- tions Committee have been at the van- does so in a very responsible way. It is cane, by tornado, by fire, by earth- guard of meeting that challenge. not unprecedented nor is it unique to quake, and they need help now. And But the other message that many of find offsets. And this offset is exactly historically, we have given help now us receive when we go back home to what this House passed in the Home- and have not gotten into a debate our districts from our constituents is land Security appropriations bill. about what priority do we undermine they want this institution to function. So what has changed? I suggest to in that process. We respond to the true They want their elected officials on you, Madam Speaker, that the political emergency. both sides to put aside the partisan dif- strategies have changed, and the emo- Now, we’ve had a lot of emergencies, ferences and to work to create an envi- tions and the hardships of the people and Mr. ROGERS and I have been here a ronment that fosters job creation and affected by these disasters are really long time, that were not really emer- economic growth and that reduces nothing more than a political prop in gencies. We claimed they were emer- spending and puts our Nation back on a this entire discussion designed to make gencies so we didn’t have to pay for path towards fiscal solvency. us look hard-hearted or insensitive. them under our rules. Naturally, I find it disappointing to Nothing could be further from the But there is no one, I think, in this now learn that some of our colleagues truth. body or in this country who doesn’t be- Just a moment ago, the distinguished on the other side of the aisle are oppos- lieve that Irene caused a legitimate Democratic whip from Maryland ing this bill for purely political reasons emergency—not feigned, not used for talked about the water heater going after signalling their support just last the purposes of justifying where we out in the middle of the night. You just week. may go. The longstanding precedent in simply go charge one. What happens And to my friends in our own con- both Chambers has been to respond to when you go to charge it and your ference who believe we should make disasters immediately by getting vic- credit is denied? You’ve maxed out on deeper cuts in this CR, I would say we tims the help they need. your credit card. As my friend MIKE agree. The House has voted to reduce Just as a family can’t budget in ad- SIMPSON said a moment ago, we’re spending further on multiple occasions, vance for a car breaking down or the broke. We’re a trillion and a half dol- and this Appropriations Committee has water heater or something as I men- lars in deficit. reported many bills to do so as well. tioned, we have provided in the agree- Our plan, this CR, provides the nec- Sadly, in this hyperpartisan political ment that we just made just a few essary funding, does it responsibly and environment with the Republican ma- weeks ago for headroom for exactly consistently with already agreed-upon jority in the House, a Democrat major- these kinds of emergencies—$11 billion. numbers. I urge its passage. ity in the Senate, and a Democrat However, we did not provide that for White House, the will of the House b 1700 2011. But, again, 2011 is when the emer- alone cannot rule the day simply be- gency occurred and when the money is Mr. DICKS. I yield the balance of my cause we wish to do so. needed now. time to the distinguished Democratic The Senate just passed a disaster re- This is a reasonable bill which pays leader from California, whose State has lief bill that adheres to this precedent, for the disaster funding it contains, suffered a number of major disasters and it passed with significant bipar- and it holds the funding level at an over the years, so she is well versed on tisan support. Unfortunately, Repub- agreed-upon amount and allows the this subject, Ms. PELOSI. licans here insist on breaking with this committee the opportunity to do its The SPEAKER pro tempore. The gen- commonsense precedent and with their work in the remaining days of this tlewoman is recognized for 1 minute. Ms. PELOSI. I thank the gentleman colleagues in the Senate and demand year before fiscal year 2012 kicks in. I urge my colleagues to support this for yielding, and I congratulate him on that responding to an emergency be passage. his tremendous leadership as the rank- offset by cutting elsewhere. Now, again, let me precisely say, on Mr. DICKS. I reserve the balance of ing member on the Appropriations emergency, FEMA funding directed at my time. Committee. When he was speaking today, I was disaster relief. Mr. ROGERS of Kentucky. I yield 2 Now, the problem we have is that the minutes to a new member of our com- thinking back to when I was a rel- target for paying for this is what we mittee who’s doing a great job, from atively new Member of Congress—not perceive to be a job creator. So as a re- the State of Arkansas, STEVE WOMACK. even here 2 years—when we had the sult, I would ask that we reject this Mr. WOMACK. I thank the gen- Loma Prieta earthquake in the San bill. tleman, the distinguished chairman of Francisco Bay Area. It was shocking to We have some time left to do another the Appropriations Committee for us. Of course, it was a complete sur- CR that we ought to agree on in a bi- yielding and appreciate this time. prise—a terrible natural disaster. The partisan way, a clean CR, short-term, If I heard it once when I was back in Bay Bridge was out of commission and so that, yes, we can, as the gentleman my district, I heard it dozens of times, cracked. The homes were on fire for from Idaho said, get on with our busi- and that was the frustration of my con- days and days and days—a true natural ness. stituents concerning our inability to disaster. I urge my colleagues to oppose this get our business done, to get it done on When I came to the floor when this bill. time without the panic and anxiety as- issue was brought up by the chairman Mr. ROGERS of Kentucky. I yield 2 sociated with threatened shutdowns of of the Appropriations Committee, the minutes to a very hardworking mem- government. Honorable Jamie Whitten of Mis- ber of our committee, the gentleman This vote today is an opportunity for sissippi, he came to the floor; and with from Alabama (Mr. BONNER). us to do just that—fund government his words of comfort and assurance to Mr. BONNER. I appreciate the gen- consistently with the amounts agreed the people who were affected by this tleman from Kentucky yielding time. to in the Budget Control Act, giving natural disaster, his comments made As a member of the Appropriations the necessary time to complete 2012 ap- all the difference in the world. In lis- Committee, I rise in support of the con- propriations and save America from tening to him, no one had any doubt

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.102 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6325 that the Federal Government was cars that will reduce emissions, which with great sadness that we try to meet going to honor its commitment to the will help to stop some of these natural the needs of people at this difficult American people: that when in time of disasters. These loans are proven to be time. It’s in great sadness that we even natural disaster, we will be there. We effective. They have already created have to have a debate about it. I urge have a compact with the American peo- 42,000 jobs, putting America to work our Republican colleagues to withdraw ple. making cleaner, more efficient Amer- this bill. Come back clean. Let us vote How different the conversation is ican cars. We shouldn’t have to choose together to address the natural dis- today when we’re talking about saying, between creating jobs and caring for aster that has afflicted our country, when in a time of natural disaster—and those struggling in the aftermath of recognizing that we don’t know what’s by the way, there have been many disasters like Hurricane Irene and the around the corner. more natural disasters than in the San earthquake that preceded it and the As one of my colleagues said, We said Francisco Bay Area, the Loma Prieta, floods that continue. we’re going to pay for everything. which stretched for long distances in One of the speakers, a gentleman We don’t know what God has in store northern California. Today, we’ve had whom I respect, said this is a political for us for the next disaster. We hope hurricanes, earthquakes, tornadoes, move. Well, if there is anything that is and pray that, whatever it is, we have floods, forest fires still raging out of not political in our country, it is a nat- the strength to meet the needs of our control in some parts of the country— ural disaster. Do you want to talk poli- people in a way that has nothing to do Texas, until recently, in that situation. tics when somebody is suffering a nat- with politics but everything to do with America. I hope that it’s under control now or ural disaster? There is no place for With that, I urge my colleagues to that the rain we all prayed for there is that. At some place, we walk on a vote against this, reluctantly, because coming. ground that is more hallowed than the I would love for us to join together but And what do we do? We come to the normal terrain on which we debate, not in its present form. floor and say, Now we’re going to insti- and that terrain is the terrain of the tute a new policy that says: in time of disaster that has affected the American b 1710 natural disaster, we’re going to have to people. If you looked in their eyes, you Mr. ROGERS of Kentucky. I yield find some place to pay for it. Now, would feel so helpless that you could myself the balance of my time. what’s next? Where are we going next not make them whole. You may not be Madam Speaker, this is a simple bill. to pay for it? able to provide them the personal ef- This is a simple continuation of spend- The distinguished chairman has said, fects of their families. I’ve seen it so ing until November 18. well, we’ve paid for emergencies before many times. I would not want it on my record and, indeed, we have. I’m talking about Will they economically be made that I voted against helping the postal something of a much different caliber. whole? Will their homes be restored in workers keep their routes until Novem- I’m talking about a natural disaster. a way that makes it the home it was ber 18. We take care of that problem in I’m talking about the FEMA Disaster before that they loved, that created a this bill. I wouldn’t want to vote ‘‘no’’ Relief Fund. With all of the disasters sense of community, one home after on that if I could help it. that are happening at once, we don’t another? So we’re at a very, very sad I wouldn’t want to vote ‘‘no’’ to know when the next one will come; but place for all of these people. We don’t refuse to continue the government and what is frightening also is we don’t know who is next. all that the government does. I know where this majority wants to go What makes me suspicious about wouldn’t want it on my record that I to pay for it. what the majority has put into this— voted against helping people who are I have serious objection to the pay- and I want you to know this—is we flooded, the subject of wildfires, earth- for in this legislation. I have a bigger haven’t paid for natural disaster assist- quakes and all other sorts of calami- objection that we would have to pay ance before. They’re using this ad- ties. A vote of ‘‘no’’ on this bill says no for a disaster. We never paid for the tax vanced technology vehicle manufac- other help for those people. Now, the gentlewoman who just pre- cuts for the rich. They never were paid turing. They’re taking $1 billion of it ceded me, the former Speaker of the for. We never paid for the wars in Af- to pay for the disaster. There is a half House, says that we should not use off- ghanistan or Iraq. They were never a billion dollars left, and they’re re- sets to pay for at least a portion of paid for. But, all of a sudden, we have scinding it in this bill. They’re elimi- these disaster funds. In fact, while the to pay to try to make whole these peo- nating it. So this isn’t about paying for gentlewoman was Speaker of this ple who have been affected, who have the disaster. This is about destroying lost everything. I’ve visited there. I House, we did just that. an initiative that is job-creating, that We voted to offset the funding for wish you would. Maybe you have. But is innovative, that keeps America num- Hurricane Katrina in 2006 and 2007. We it’s not that the joblessness story is ber one, that creates good-paying jobs voted for offsets for disaster relief in finished. It’s not that as we go to a new in our country. 2008, 2009; and, lastly, in 2010 we voted disaster, we’re finished with the old It’s really hard to understand what to offset $10 billion for what was called one. It’s just compounded. the motivation is for that, but one the Pelosi edu-jobs stimulus bill. The Someone mentioned earlier in the thing is clear—they are using the dis- gentlewoman voted for that offset. election—people talked about this— aster to eliminate that initiative, and So I urge you to vote for this bill. We that the American people, whether in that’s just not right. But even if they will have plenty of time during the ne- election or out of election, want jobs; had the best offset in the world, I still gotiations with the Senate during the and exactly what this bill does is cut think it is wrong for them to go down next 6 weeks to take into account the jobs. Instead of creating jobs, which is a path that says, This time, for your additional bills we are going to get for the number one priority of the Amer- disaster, we’re using this technology flooding and other disaster relief, and ican people, this Republican bill will program. What’s next? With all of the we will take care of the problem be- cost good-paying jobs. It’s amazing be- disasters that we have, where do we tween now and then. cause the bill that we’re debating here have the room to say, On those days, at Vote ‘‘yes’’ on the bill. will cost at least 10 good-paying Amer- that specific time, this is how we’ll pay Mr. VAN HOLLEN. Madam Speaker, today’s ican manufacturing jobs—Make It in for it? Continuing Resolution would fund federal gov- America—and perhaps tens of thou- Let’s, instead, do something that ernment operations through November 18, sands more by cutting the Advanced gives hope to people, that creates an 2011 at 98.5% of FY 2011 funding levels, re- Technology Vehicle Manufacturing economic boomlet in these places that flecting the 1.5% across-the-board cut re- loan program. have been affected and not a discour- quired to bring spending in line with the I’m not even going to speak too much agement that they are being treated $1.043 trillion discretionary cap for FY 2012 in about it because our colleagues already differently than anybody else has been the recently enacted Budget Control Act of have. They’ve talked about how this in time of natural disasters. 2011. takes us to the next place in innova- I heard the distinguished chairman Additionally, H.R. 2608 provides $3.65 bil- tion and competitiveness for our coun- use the term ‘‘emergency.’’ It’s a dif- lion in disaster relief funding, which is $1.8 bil- try, the next place in technology for ferent story. It’s a different story. It is lion below President Obama’s request and

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 9920 E:\CR\FM\K21SE7.104 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6326 CONGRESSIONAL RECORD — HOUSE September 21, 2011 $3.25 billion less than the Senate allocation short-term continuing appropriations measure Technology Vehicle Manufacturing Program supported by ten Republican Senators. Of the on the floor today to fund government oper- (ATVM). This program is essential to keeping $3.65 billion for disaster relief in today’s legis- ations through November 18, 2011. our auto manufacturing industry competitive. lation, $1 billion is made available in FY 2011 Hundreds of American communities have I support the cuts to the Overseas Contin- and the remaining $2.65 billion is designated been devastated this year by hurricanes, gency Operations fund, which is used to fund as FY 2012 money. However, in a sharp droughts, floods, wildfires and tornadoes. Doz- our wars in Iraq and Afghanistan, as well as break with precedent under previous adminis- ens of Governors—both Republicans and other counterterrorism operations. But the trations from both parties, the $1 billion in FY Democrats—have requested federal assist- rhetoric on cuts to war spending does not 2011 in emergency disaster relief is offset by ance from the Federal Emergency Manage- match the reality and cost of our policies a $1.5 billion cut in the Advanced Technology ment Agency (FEMA) to meet the needs of abroad. Vehicle Manufacturing program. their states’ residents. These federal funds are Last week, The New York Times highlighted Mr. Speaker, we should not be holding used by state and local response teams to the legal battle currently occurring in the White emergency disaster relief hostage to political house displaced families, provide crisis coun- House over the use of lethal force, of targeted infighting in Washington, DC. And with unem- seling to disaster victims, remove debris, and killings against militants abroad by ‘‘drone ployment still hovering above 9%, we certainly repair or replace critical bridges, roads and strikes, cruise missiles or commando raids.’’ shouldn’t be undermining a proven job creator utilities. We talk about ending the wars while planning like the Advanced Technology Vehicle Manu- With more than three months remaining, to expand the use of lethal force—or commit- facturing program that will help next genera- 2011 has already seen more billion dollar dis- ting acts of war—in other countries with little tion vehicles get built in the United States asters than any year on record. Early cost es- to no oversight from Congress. We impose rather than overseas. timates of this year’s weather-related disasters faux deadlines to end the wars in Iraq and Af- Instead, we should put politics aside, pass a are well above $20 billion. As a result, FEMA ghanistan and attach cost-savings estimates clean CR and get disaster relief where it is can no longer afford to help all those who to them, while at the time same, continuing to needed without undercutting innovation and need assistance. The Associated Press re- push the deadline for withdrawal back. Ac- job creation in an economy that needs more of ported that FEMA’s disaster funding is now so cording to the Congressional Research Serv- both. low that planned repairs to bridges, roads and ice, the cost of keeping U.S. troops in Afghani- Mr. RYAN of Wisconsin. Madam Speaker, I schools in tornado-ravaged Joplin, Missouri stan is $694,000 per soldier per year. rise today to provide explanation and clarifica- have been stopped and the funds redirected The wars in Iraq and Afghanistan have cost tion of the intended budget effects from the to help the victims of Hurricane Irene. the United States trillions of dollars and have anomaly related to the U.S. Postal Service Caring for Americans devastated by natural played a major role in our economic insecurity. that is contained in the House amendment to disasters has always been a basic American The war in Iraq was the first time in American the Senate amendment to H.R. 2608, the value. Unfortunately, House Republicans are history that the government cut taxes as it Continuing Resolution (CR) for Fiscal Year turning disaster relief into a partisan political went to war, resulting in a war completely 2012. battle by under-funding these urgent needs funded by borrowing. Soaring oil prices, the The amendment would postpone from Sep- and demanding that emergency funds be off- ballooning federal debt and the global eco- tember 30, 2011 until November 18, 2011 the set with cuts to a critical job-creating initiative. nomic crisis are all intimately linked to our payment due from the Postal Service, which is The House legislation under debate today policies of endless war. These are policies we off-budget, to an on-budget account managed includes $3.65 billion in emergency aid—$1.8 by the Office of Personnel Management are continuing today. billion less than what the Obama administra- Any serious debate on scaling back spend- (OPM). The Postal Accountability and Enhancement tion told Congress is needed. Even worse, ing must include not only cuts to defense Act of 2006 requires the Postal Service to H.R. 2608 cuts $1 billion from the Advanced spending, but also to the wars the U.S. is cur- make a $5.5 billion payment to OPM by Sep- Technology Vehicle Manufacturing Program rently waging or attempting to expand in other tember 30, 2011 to pre-fund retiree health (ATVM). This public-private partnership helps countries such as Somalia, Yemen and Paki- benefits. However, the Postal Service does U.S. auto makers and parts suppliers build stan through our drone campaigns. I urge my not currently have adequate funds to make next generation vehicles with technologies colleagues to oppose this bill. this payment. To address this issue, the CR made in America, rather than imported from Ms. JACKSON LEE of Texas. Madam includes a provision that will delay the pay- China and other foreign countries. The ATVM Speaker, I rise today to debate H.R. 2608, ment to provide time for the Postal Service to is a major success. It has already saved or ‘‘The Small Business Program Extension and work with Congress and the administration to created 41,000 American jobs and will save or Reform Act of 2011,’’ which provides for an develop a long-term solution. create at least 35,000 additional jobs antici- additional temporary extension of programs If only the on-budget effects were counted, pated by the end of this year. The cuts de- under the Small Business Act and the Small this delay would score as an increase in manded by House Republicans to this pro- Business Investment Act of 1958 at the ex- spending in 2011, but then produce savings in gram threaten to destroy thousands of Amer- pense of job creating efforts. 2012, resulting in additional room for spending ican jobs and undermine the global competi- Now . . . Now is not the time to trample on under the caps on discretionary spending es- tiveness of U.S. auto makers. the needs of small business owners. Now is tablished in the Budget Control Act of 2011. During the past decade, House Republicans not the time to delay assistance to those who To prevent this unintended consequence, the voted time and time again for so-called emer- need support from FEMA. Now is not the time House Budget Committee scored this anomaly gency funding for the wars in Iraq and Afghan- for a partisan position that will only cause on a unified basis, so that both the on-budget istan without offsetting the costs. The hun- more Americans to suffer while they have to and off-budget effects were counted together. dreds of billions of dollars in deficit spending wait on Congress to find balance. Now is the As the result, the 2011 cost and the 2012 sav- Republicans supported on these wars helped time for balance and reason. ings offset each other and produce a score of create the crippling debt our country now Small businesses have long been the bed- zero in the CR. This decision has precedent. faces. And now, my House Republican col- rock of our nation’s economy. Even with the A similar provision was included in the FY leagues are pretending to take a stand against advent of modern-day multi-national corpora- 2010 short-term CR (P.L. 111–68) where the deficits by threatening to shut down the U.S. tions most of our day-to-day purchases take House scored that provision on a unified basis government and deny assistance to American place at ‘‘mom and pop’’ small businesses. pursuant to section 426(b) of the 2010 budget families who have had their lives destroyed by This piece of legislation holds small busi- resolution. natural disaster. nesses hostage in order to make a demand The off-budget status of the U.S. Postal I call on reasonable Republicans in the that has never been made by Republicans be- Service creates significant complications for House to join with Democrats to reject this fore. This demand changes their practice dur- budget enforcement when the agency seeks hypocritical and callous bill, and instead com- ing previous administrations. In the past my timing shifts or bailouts from the U.S. Treasury mit the necessary funding to rescue America’s colleagues declared disaster funding as emer- due to financial distress. The House Budget devastated communities. gency spending and did not require offsetting Committee will continue to monitor this anom- Mr. KUCINICH. Madam Speaker, I rise in emergency spending. aly throughout the budget and appropriations opposition to H.R. 2608, the Continuing Ap- This bill would offset the $1 billion in FY11 process to ensure that it does not result in ad- propriations Resolution for FY 2012. disaster relief funding using a program that is ditional discretionary spending in FY 2012. This legislation implements a 1.5%, nearly a proven job-creator, a program for small busi- Ms. MCCOLLUM. Madam Speaker, I rise to across the board reduction to current spending nesses. The very small businesses that are voice my strong opposition to HR. 2608, the levels and pays for it by cutting the Advanced currently in need of access to loans and other

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\A21SE7.044 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6327 lines of credit in order to build their businesses officials, nonprofit organizations, private sector of start-up businesses making big include the and create jobs. The very small businesses businesses, and individual citizens must all computer software company Microsoft; the that are the life blood of our economy. These contribute to the mission in order for our na- package delivery service Federal Express; businesses, the ‘‘mom and pop’’ shops across tion to succeed at protecting life and property sports clothing manufacturer Nike; the com- our nation are being held hostage by my col- from disasters. Recovery and mitigation are puter networking firm America OnLine; and ice leagues across the aisle at the expense of critical to protecting communities from future cream maker Ben & Jerry’s. jobs. threats, and our ability to respond will suffer if We must always ensure that we place a The future success of their businesses are we do not focus attention and resources on high level of priority on small businesses. It is being held hostage in order to demand offsets those missions. also important that we work towards ensuring of funds that have not requires such an offset On any given day the City of Houston faces that small businesses receive all the tools and in the past. These funds would aid victims of a widespread and ever-changing array of resources necessary for their continued natural disasters. To propose such a measure threats, such as: terrorism, organized crime, growth and development. at a time when our economy is so fragile and natural disasters and industrial accidents. Cit- American small businesses are the heart when so many are struggling to survive is ies and towns across the nation face these beat of our nation. I believe that small busi- unfathomable. I support the bipartisan Senate and other threats. Indeed, every day, ensuring nesses represent more than the American language. the security of the homeland requires the dream—they represent the American econ- At a time when our nation needs every sin- interaction of multiple Federal departments omy. Small businesses account for 95 percent gle job we can create. Before us is a job kill- and agencies, as well as operational collabo- of all employers, create half of our gross do- ing measure. We need job creation to help ration across Federal, State, local, tribal, and mestic product, and provide three out of four families survive on smaller and smaller pay territorial governments, nongovernmental orga- new jobs in this country. checks. Before us is legislation that places a nizations, and the private sector. This collabo- Small business growth means economic halt on this growth. My colleagues on the ration and cooperation undergirds our security growth for the nation. But to keep this seg- other side of the aisle for the first time in our posture at our borders and ports, our pre- ment of our economy thriving, entrepreneurs nation’s history has added to this piece of leg- paredness in our communities, and our ability need access to loans. Through loans small islation a requirement that disaster aid be off- to effectively react to crises. Consider the dev- business owners can expand their businesses, set. The Federal Emergency Management astation that was brought by the tornadoes in hire more workers and provide more goods and services. The Small Business Administra- Agency (FEMA) needs the $6.9 billion in fund- Alabama and the Southern United States, the tion (SBA), a federal organization that aids ing which has been approved in the Senate flooding that has impacted the entire Mis- small businesses with loan and development last week without requiring offset. These cuts sissippi river region, from Montana to Ten- programs, is a key provider of support to small cost Americans tens of thousands of jobs. nessee, and tornado that claimed more than businesses. The SBA’s main loan program ac- Under the previous administration Republicans 100 lives in Joplin, Missouri, have shown us counts for 30 percent of all long-term small supported disaster relief without requiring an that there are disasters we cannot predict, and offset, on eight separate occasions but today business borrowing in America. forces of nature for which we cannot plan. I have worked hard to help small business they want to require cuts that will result in job This legislation is a job killer, it is an affront owners to fully realize their potential. That is loss. to growing small businesses and will destroy why I support entrepreneurial development As the Representative for Houston, which thousands of jobs. I have been firmly com- programs, including the Small Business Devel- suffered severe damage in 2008 as a result of mitted to supporting small businesses and this opment Center and Women’s Business Center Hurricane Ike, I understand the importance of legislation as written will fail to help create the programs. These initiatives provide counseling clean up and rebuilding in the wake of natural jobs we need at this time. We should not pre- in a variety of critical areas, including business disaster. Federal Emergency Management Ad- vent the growth of small business in order to plan development, finance, and marketing. ministration (FEMA) addresses the challenges address the unrealistic demands related to We must consider what impact changes in our communities face when we are confronted disaster relief funding. this appropriations bill will have on small busi- with a catastrophic event or a domestic ter- Moreover, 99 percent of all independent nesses. rorist attack. It is important for people to un- companies and businesses in the United There are 5.8 million minority owned busi- derstand that our capacity to deal with hurri- States are considered small businesses. They nesses in the United States, representing a canes directly reflects our ability to respond to are the engine of our economy, creating two- significant aspect of our economy. In 2007, a terrorist attack in Texas or New York, an thirds of the new jobs over the last 15 years. minority owned businesses employed nearly 6 earthquake in California, or a nationwide pan- America’s 27 million small businesses con- million Americans and generated $1 trillion demic flu outbreak. tinue to face a lack of credit and tight lending dollars in economic output. The devastating hurricanes that struck standards, with the number of small busi- Women owned businesses have increased Texas in past years because the response to nesses loans down nearly 5 million since the 20% since 2002, and currently total close to 8 those events demonstrated the need for sig- financial crisis in 2008. million. These organizations make up more nificant improvement. During Hurricane According to the U.S. Small Business Ad- than half of all businesses in health care and Katrina, there were insufficient quantities of ministration, these small businesses account social assistance. generators forced hospitals to evacuate pa- for 52 percent of all U.S. workers. These small My home city of Houston, Texas is home to tients. Local governments waited days for businesses also provide a continuing source more than 60,000 women owned businesses, commodities like ice, water, MREs, and blue of vitality for the American economy. Small and more than 60,000 African American tarps. Evacuees from Texas arrived in Shreve- businesses in the U.S. produced three-fourths owned businesses. port and Bastrop shelters that were grossly of the economy’s new jobs between 1990 and According to a 2009 report published by the unfit for occupancy, and 2,500 people were 1995, and represent an entry point into the Economic Policy Institute, ‘‘Starting in 2004, forced to use the same shower facility. economy for new groups. Women, for in- the Small Business Administration (SBA) set We must prepare our first responders with stance, participate heavily in small businesses. goals for small business participation in fed- the best information and training to quickly The number of female-owned businesses eral contracts. It encouraged agencies to analyze and share information to understand climbed by 89 percent, to an estimated 8.1 award contracts to companies owned by alerts and warning systems, evacuation plan- million, between 1987 and 1997, and women- women, veterans, and minorities or those lo- ning, mission assignments to other agencies, owned sole proprietorships were expected to cated in economically challenged areas and contingency contracting, pre-staged resources, reach 35 percent of all such ventures by the gave them benchmarks to work toward. The Regional Hurricane Plans and exercises, com- year 2000. Small firms also tend to hire a targets are specific: 23% of contracts to small munications support, citizen preparedness, greater number of older workers and people business, 5% to women-owned small busi- disaster housing, and long-term recovery plan- who prefer to work part-time. nesses, and 3% to disabled veteran-owned ning. In order to accomplish this we must fund One strength that small businesses are and HUBZone small businesses.’’ FEMA, not at the expense of small business known for is their ability to respond quickly to Women and minority owned businesses but because Americans come together at changing economic conditions. They often generate billions of dollars and employ millions times of crisis. This should be what it has al- know their customers personally and are es- of people. They are certainly qualified to re- ways been—emergency funding. pecially suited to meet local needs. There are ceive these contracts. A mandatory DOD out- Emergency preparedness is not the exclu- tons of stories of start-up companies catching reach program would make women and minor- sive responsibility of the federal government or national attention and growing into large cor- ity owned businesses aware of all of the con- individual agencies within it. State and local porations. Just a few examples of these types tract opportunities available to them.

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 9920 E:\CR\FM\A21SE7.047 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6328 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Facts: Small business are important be- Capito Hurt Reed Kucinich Neal Schrader Carter Issa Rehberg Lamborn Neugebauer Schwartz cause they: Cassidy Jenkins Renacci Landry Olver Schweikert (1) Represent 99.7 percent of all employer Chabot Johnson (OH) Ribble Langevin Owens Scott (VA) firms, Coble Johnson, Sam Rigell Larsen (WA) Pallone Scott, David (2) Employ just over half of all private sector Coffman (CO) Jones Rivera Larson (CT) Pascrell Serrano Cole Kelly Roby Lee (CA) Pastor (AZ) Sewell employees, Conaway King (NY) Roe (TN) Levin Pearce Sherman (3) Pay 44 percent of total U.S. private pay- Cravaack Kingston Rogers (AL) Lewis (GA) Pelosi Shuler roll, Crawford Kinzinger (IL) Rogers (KY) Lipinski Perlmutter Sires (4) Generated 64 percent of net new jobs Crenshaw Kissell Rogers (MI) Loebsack Peters Slaughter Culberson Kline Rokita Lofgren, Zoe Peterson Smith (WA) over the past 15 years, Davis (KY) Labrador Rooney Lowey Pingree (ME) Speier ´ (5) Create more than half of the nonfarm Denham Lance Ros-Lehtinen Lujan Poe (TX) Stark private gross domestic product (GDP), Dent Lankford Roskam Lummis Polis Thompson (CA) Lynch Posey Diaz-Balart Latham Runyan Thompson (MS) (6) Hire 40 percent of high tech workers Mack Price (NC) Dold LaTourette Ryan (WI) Tierney Dreier Latta Maloney Quigley (such as scientists, engineers, and computer Scalise Tonko Duffy Lewis (CA) Marchant Rahall programmers), Schilling Towns Ellmers LoBiondo Markey Rangel Schmidt Tsongas (7) Are 52 percent home-based and 2 per- Emerson Long Matheson Reyes Schock Turner (OH) cent franchises, Farenthold Lucas Matsui Richardson Scott (SC) Van Hollen Fitzpatrick Luetkemeyer McClintock Richmond (8) Made up 97.3 percent of all identified ex- Scott, Austin ´ Fleischmann Lungren, Daniel McCollum Rohrabacher Velazquez porters and produced 30.2 percent of the Sensenbrenner Flores E. McDermott Ross (AR) Visclosky Sessions known export value in FY 2007, Forbes Manzullo McGovern Ross (FL) Walberg (9) Produce 13 times more patents per em- Fortenberry Marino Shimkus McIntyre Rothman (NJ) Walsh (IL) Shuster ployee than large patenting firms and twice as Foxx McCarthy (CA) McNerney Roybal-Allard Walz (MN) Frelinghuysen McCarthy (NY) Simpson Meeks Royce Wasserman likely as large firm patents to be among the Gallegly McCaul Smith (NE) Miller (FL) Ruppersberger Schultz one percent most cited. Gardner McCotter Smith (NJ) Miller (NC) Rush Waters Republicans appear to be on a mission to Garrett McHenry Smith (TX) Miller, George Ryan (OH) Watt Southerland cut programs that help families and will but- Gerlach McKeon Moore Sa´ nchez, Linda Waxman Gibbs McKinley Stearns Moran T. Westmoreland tress small businesses at a time when there Gibson McMorris Stivers Mulvaney Sanchez, Loretta Wilson (FL) are Americans faced with the perils which Goodlatte Rodgers Stutzman Murphy (CT) Sarbanes Wilson (SC) arise during cleaning up after a natural dis- Gosar Meehan Sullivan Nadler Schakowsky Woolsey Granger Mica Terry Napolitano Schiff Yarmuth aster. Now is not the time to force those Thompson (PA) Graves (MO) Michaud NOT VOTING—8 Americans to wait on a partisan battle, to pick Griffin (AR) Miller (MI) Thornberry a fight that has not been fought in eight pre- Griffith (VA) Miller, Gary Tiberi Baca Giffords Reichert vious authorizations of funds for disaster relief. Grimm Murphy (PA) Tipton Bachmann Paul Sutton Guinta Myrick Turner (NY) Blackburn Payne There needs to be a balance when deter- Guthrie Noem Upton mining which programs to cut and when. A Hall Nugent Walden b 1744 balance to finding the funds that will address Hanna Nunes Webster Messrs. BISHOP of Georgia, RUSH, Harper Nunnelee Welch national disasters. A balanced approach to Harris Olson West BURTON of Indiana, ROHRABACHER, measures that will aid small business and to Hartzler Palazzo Whitfield TURNER of Ohio, MILLER of Florida, restore our economy. Hastings (WA) Paulsen Wittman DUNCAN of Tennessee, BUCSHON and I support small business and job creation. I Hayworth Pence Wolf FINCHER changed their vote from Heck Petri Womack will not support small business growth being Hensarling Pitts Woodall ‘‘yea’’ to ‘‘nay.’’ held hostage to the unrealistic demands made Herger Platts Yoder Messrs. STEARNS, GARY G. MIL- by my Republican Colleagues. American fami- Herrera Beutler Pompeo Young (AK) LER of California and Mrs. BLACK Holden Price (GA) Young (FL) changed their vote from ‘‘nay’’ to lies need legislation that are job growers rath- Hunter Quayle Young (IN) er than measures that are jobs killers. ‘‘yea.’’ The SPEAKER pro tempore. All time NAYS—230 So the motion was rejected. for debate has expired. The result of the vote was announced Ackerman Cleaver Garamendi as above recorded. Pursuant to House Resolution 405, Amash Clyburn Gingrey (GA) A motion to reconsider was laid on the previous question is ordered. Andrews Cohen Gohmert the table. The question is on the motion by the Austria Connolly (VA) Gonzalez Baldwin Conyers Gowdy Stated against: gentleman from Kentucky (Mr. ROG- Barletta Cooper Graves (GA) Mr. BACA. Madam Speaker, I was absent ERS). Barrow Costa Green, Al from today’s vote. If I had been here, I would The question was taken; and the Bass (CA) Costello Green, Gene Becerra Courtney Grijalva have voted ‘‘no’’ on H.R. 2608, the Continuing Speaker pro tempore announced that Berkley Critz Gutierrez Appropriations Act of 2012. the noes appeared to have it. Berman Crowley Hahn f Mr. ROGERS of Kentucky. Madam Bishop (GA) Cuellar Hanabusa Bishop (NY) Cummings Hastings (FL) CHILD AND FAMILY SERVICES IM- Speaker, on that I demand the yeas Blumenauer Davis (CA) Heinrich and nays. Boren Davis (IL) Higgins PROVEMENT AND INNOVATION The yeas and nays were ordered. Boswell DeFazio Himes ACT The SPEAKER pro tempore. Pursu- Brady (PA) DeGette Hinchey The SPEAKER pro tempore. The un- Braley (IA) DeLauro Hinojosa ant to clause 8 of rule XX, this 15- Broun (GA) DesJarlais Hirono finished business is the vote on the mo- minute vote on adoption of the motion Brown (FL) Deutch Hochul tion to suspend the rules and pass the will be followed by a 5-minute vote on Bucshon Dicks Holt bill (H.R. 2883) to amend part B of title Burgess Dingell Honda the motion to suspend the rules and Burton (IN) Doggett Hoyer IV of the Social Security Act to extend pass H.R. 2883. Butterfield Donnelly (IN) Huelskamp the child and family services program The vote was taken by electronic de- Campbell Doyle Huizenga (MI) through fiscal year 2016, and for other vice, and there were—yeas 195, nays Canseco Duncan (SC) Hultgren purposes, as amended, on which the Capps Duncan (TN) Inslee 230, not voting 8, as follows: Capuano Edwards Israel yeas and nays were ordered. [Roll No. 719] Cardoza Ellison Jackson (IL) The Clerk read the title of the bill. Carnahan Engel Jackson Lee The SPEAKER pro tempore. The YEAS—195 Carney Eshoo (TX) question is on the motion offered by Adams Bass (NH) Bono Mack Carson (IN) Farr Johnson (GA) Aderholt Benishek Boustany Castor (FL) Fattah Johnson (IL) the gentleman from Kentucky (Mr. Akin Berg Brady (TX) Chaffetz Filner Johnson, E. B. DAVIS) that the House suspend the Alexander Biggert Brooks Chandler Fincher Jordan rules and pass the bill, as amended. Altmire Bilbray Buchanan Chu Flake Kaptur This is a 5-minute vote. Amodei Bilirakis Buerkle Cicilline Fleming Keating The vote was taken by electronic de- Bachus Bishop (UT) Calvert Clarke (MI) Frank (MA) Kildee Bartlett Black Camp Clarke (NY) Franks (AZ) Kind vice, and there were—yeas 395, nays 25, Barton (TX) Bonner Cantor Clay Fudge King (IA) not voting 13, as follows:

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.048 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6329 [Roll No. 720] Pompeo Sa´ nchez, Linda Thompson (PA) PALESTINIAN STATEHOOD U.N. Posey T. Thornberry VOTE YEAS—395 Price (GA) Sanchez, Loretta Tiberi Sarbanes Ackerman DesJarlais Kildee Price (NC) Tierney (Mr. ROTHMAN of New Jersey asked Scalise Adams Deutch Kind Quayle Tipton and was given permission to address Schakowsky Aderholt Diaz-Balart King (IA) Quigley Towns Schiff the House for 1 minute.) Akin Dicks King (NY) Rahall Tsongas Schilling Mr. ROTHMAN of New Jersey. Alexander Dingell Kingston Rangel Turner (OH) Reed Schmidt Upton Madam Speaker, the Jewish State of Altmire Doggett Kinzinger (IL) Schock Amodei Dold Kissell Rehberg Van Hollen Israel is essential to America’s na- Renacci Schrader Vela´ zquez Andrews Donnelly (IN) Kline Schwartz tional security. The Jewish State of Austria Doyle Kucinich Reyes Visclosky Ribble Schweikert Walberg Israel guards the Mediterranean, the Bachus Dreier Lance Scott (VA) Baldwin Duffy Landry Richardson Walden Suez Canal, and helps us with the oil Richmond Scott, David Walz (MN) Barletta Edwards Langevin Serrano and other activities in the Persian Gulf Rigell Wasserman Barrow Ellison Lankford Sessions near Iran. Our relationship is mutually Rivera Schultz Bartlett Ellmers Larsen (WA) Sewell Roby Waters dependent, and so extremely important Barton (TX) Emerson Larson (CT) Sherman Roe (TN) Watt Bass (CA) Engel Latham Shimkus to both countries’ vital national secu- Rogers (AL) Waxman Bass (NH) Eshoo LaTourette Shuler rity. Rogers (KY) Webster Becerra Farenthold Latta Shuster But what’s happening this week at Rogers (MI) Welch Benishek Farr Lee (CA) Simpson the U.N., the Palestinians are going to Berg Fattah Levin Rohrabacher Sires West Berkley Filner Lewis (CA) Rokita Slaughter Westmoreland the U.N. to avoid negotiating a peace Berman Fincher Lewis (GA) Rooney Smith (NE) Whitfield agreement with Israel. The Palestin- Biggert Fitzpatrick Lipinski Ros-Lehtinen Smith (NJ) Wilson (FL) ians want the U.N. to do what they Bilbray Fleischmann LoBiondo Roskam Wilson (SC) Smith (TX) won’t do, negotiate a peace agreement. Bilirakis Fleming Lofgren, Zoe Ross (AR) Smith (WA) Wittman Bishop (GA) Flores Long Ross (FL) Southerland Wolf Yet the Palestinians are made up of Bishop (NY) Forbes Lowey Rothman (NJ) Speier Womack Hamas and Fatah. Hamas is a terrorist Bishop (UT) Fortenberry Lucas Roybal-Allard Stark Woodall group with the blood of innocent Amer- Black Frank (MA) Luetkemeyer Royce Stearns Woolsey icans on their hands. Hamas’ charter Blackburn Franks (AZ) Luja´ n Runyan Stivers Yarmuth Bonner Frelinghuysen Lungren, Daniel Ruppersberger Sullivan Yoder says they will never recognize Israel’s Bono Mack Fudge E. Rush Terry Young (AK) right to exist. Boren Gallegly Lynch Ryan (OH) Thompson (CA) Young (FL) Fatah is coming to the U.N. through Boswell Garamendi Mack Ryan (WI) Thompson (MS) Young (IN) Boustany Gardner Maloney their President Abbas, even though Brady (PA) Gerlach Manzullo NAYS—25 President Obama and the Congress Brady (TX) Gibbs Marchant have said, Go negotiate peace with Braley (IA) Gibson Marino Amash Gowdy Mulvaney Brooks Gingrey (GA) Markey Broun (GA) Graves (GA) Poe (TX) Israel. Why would the Palestinians do Brown (FL) Gonzalez Matheson Campbell Huelskamp Scott (SC) that to the United States’ vital na- Buchanan Goodlatte Matsui Chaffetz Huizenga (MI) Scott, Austin tional security interests and America’s Bucshon Gosar McCarthy (CA) Duncan (SC) Jordan Sensenbrenner Buerkle Granger McCarthy (NY) Duncan (TN) Labrador Stutzman best friend in the region, the Jewish Burgess Graves (MO) McCaul Flake Lamborn Walsh (IL) State of Israel? Because they are refus- Burton (IN) Green, Al McCollum Foxx Lummis ing to make an agreement to live in Garrett McClintock Butterfield Green, Gene McCotter peace with the Jewish State. Calvert Griffin (AR) McDermott Camp Griffith (VA) McGovern NOT VOTING—13 The Congress has spoken. We will Canseco Grimm McHenry Baca Grijalva Sutton withdraw aid from the Palestinians, Cantor Guinta McIntyre Bachmann Loebsack Tonko and the Palestinian people will suffer. Capito Guthrie McKeon Blumenauer Paul Turner (NY) The Palestinian leadership must with- Capps Gutierrez McKinley Giffords Payne Capuano Hahn McMorris Gohmert Reichert draw from the U.N. and go to the nego- Cardoza Hall Rodgers tiating table without pre-conditions Carnahan Hanabusa McNerney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE with the Jewish State of Israel. Carney Hanna Meehan Carson (IN) Harper Meeks The SPEAKER pro tempore (during f Carter Harris Mica the vote). There are 2 minutes remain- HUMAN RIGHTS IN BELARUS Cassidy Hartzler Michaud ing in this vote. Castor (FL) Hastings (FL) Miller (FL) (Mr. SHIMKUS asked and was given Chabot Hastings (WA) Miller (MI) permission to address the House for 1 Chandler Hayworth Miller (NC) b 1751 Chu Heck Miller, Gary minute and to revise and extend his re- Cicilline Heinrich Miller, George Ms. FOXX changed her vote from marks.) Clarke (MI) Hensarling Moore ‘‘yea’’ to ‘‘nay.’’ Mr. SHIMKUS. Madam Speaker, it’s Clarke (NY) Herger Moran been more than 9 months since the De- Clay Herrera Beutler Murphy (CT) Mr. ROONEY changed his vote from cember 19 brutal and bloody crackdown Cleaver Higgins Murphy (PA) ‘‘nay’’ to ‘‘yea.’’ Clyburn Himes Myrick on the opposition in Belarus. Human Coble Hinchey Nadler So (two-thirds being in the affirma- rights of ordinary Belarusan citizens Coffman (CO) Hinojosa Napolitano tive) the rules were suspended and the Cohen Hirono Neal continue to be denied. Nine political Cole Hochul Neugebauer bill, as amended, was passed. prisoners still exist. Nikolay Conaway Holden Noem The result of the vote was announced Statkevich, Andrey Sannikaw, Dmitri Connolly (VA) Holt Nugent Conyers Honda Nunes as above recorded. Uss, Dmitri Bandarenka, Dmitri Cooper Hoyer Nunnelee A motion to reconsider was laid on Dashkevich, Eduard Lobov, Pavel Costa Hultgren Olson the table. Severinetz, Ales Belyatsky and Costello Hunter Olver Mikalai Autukovich remain in prison, Courtney Hurt Owens Stated for: Cravaack Inslee Palazzo and President Lukashenka is using Crawford Israel Pallone Mr. TONKO. Madam Speaker, on rollcall them to bargain for economic assist- Crenshaw Issa Pascrell No. 720 I was unavoidably detained. I con- ance with the international commu- Critz Jackson (IL) Pastor (AZ) ducted a previously scheduled telephone town nity. Crowley Jackson Lee Paulsen hall with constituents of the 21st Congres- Cuellar (TX) Pearce Anatoly Lyabedska, leader of the Culberson Jenkins Pelosi sional District of New York. The telephone United Civic Party, described the con- Cummings Johnson (GA) Pence town hall addressed flooding concerns associ- ditions in the KGB pre-trial detention Davis (CA) Johnson (IL) Perlmutter ated with recent disasters that impacted the Davis (IL) Johnson (OH) Peters facility as being cruel and inhumane, Davis (KY) Johnson, E. B. Peterson district. Had I been present, I would have and the authorities’ actions against op- DeFazio Johnson, Sam Petri voted ‘‘aye.’’ position activities as being brutal. DeGette Jones Pingree (ME) Mr. TURNER of New York. Madam Speak- For the first time in 17 years, people DeLauro Kaptur Pitts Denham Keating Platts er, on rollcall No. 720 I was detained. Had I in Belarus are looking for a real alter- Dent Kelly Polis been present I would have voted ‘‘yea.’’ native and asking for democratic

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.051 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6330 CONGRESSIONAL RECORD — HOUSE September 21, 2011 change. It is now time to invest in de- of the political parties the sole and au- certifications, which I believe were mocracy in Belarus. The existing win- thentic representative of the Namibian flawed from the beginning, I have no dow for the opposition might be tem- people. That had the effect of delaying doubt that we have taken a wrong porary. People in Belarus need our sup- the negotiating process that ulti- turn. port, and we have to be with them mately led to Namibia’s independence. The 111th Congress obviously failed until the end of this existing brutal re- The same designation was awarded sev- the American people on so many levels. gime. eral decades ago to the PLO, and it had Repeal of DADT is just another glaring f a similar effect. example of their failures. Social experi- The U.S. Government should use all ments like this repeal have no place in NEWS FOR THE PALESTINIAN the tools at its disposal, fiscal and oth- our military, and I for one apologize to LEADERSHIP erwise, to ensure that that same out- those who have served and those who (Mr. ENGEL asked and was given come is avoided here. are currently serving. permission to address the House for 1 f God help us all. minute and to revise and extend his re- f marks.) CONSTITUTION DAY ISRAEL AND PALESTINE Mr. ENGEL. Madam Speaker, as we (Mr. THOMPSON of Pennsylvania speak now, in my hometown of New asked and was given permission to ad- (Mr. DANIEL E. LUNGREN of Cali- York, United Nations leaders from all dress the House for 1 minute and to re- fornia asked and was given permission over the world are coming in. The vise and extend his remarks.) to address the House for 1 minute.) major issue is the Palestinian claim Mr. THOMPSON of Pennsylvania. Mr. DANIEL E. LUNGREN of Cali- they’re going to go to the United Na- Madam Speaker, I rise today to com- fornia. Several years ago, my wife and tions to have a declared state of their mend each American who celebrated I, accompanied by a number of other own. Constitution Day, which was last Sat- Members and their spouses, were privi- I have news for the Palestinian lead- urday, September 17. leged to be in the State of Israel at the ership. The only way they can have a Over the past few decades, many time the Israeli Government made a state of their own is to sit down face- Americans have expressed disgust with very difficult decision to turn over to-face with Israel in face-to-face nego- our out-of-control reach of government Gaza to the Palestinian Authority. tiations and hammer out an agree- and erosion of the very freedoms that It was a very controversial decision. ment, an agreement which is the two- we claim to protect. The question was: Would this gesture state solution, an Israeli Jewish state The powers of Congress are clearly of goodwill be reciprocated by the and a Palestinian Arab state. laid out in article I, which is the most other side? Unfortunately, of course, it The Palestinians cannot try to im- expansive article of the Constitution was not. As in other gestures by the pose any kind of solution that doesn’t for a reason. Our Founding Fathers Israeli Government, the response has work. If two adversaries want to hash fully intended for power to rest with been: Give us more and we will not out a disagreement to come to an the people, in a legislative body. commit to the existence of Israel, but agreement, then they need face-to-face I’m proud to say that during this you have to commit to the existence of negotiation. This has happened in the Congress, the House has taken signifi- a Palestinian state. past. Each time Israel has accepted it, cant steps to restate its constitutional Let there be no mistake. It is a bipar- and the Palestinians have said no. authority and has given an earnest at- tisan support on the floor of the House The United Nations should not dis- tempt to returning to a constitutional for the State of Israel at this time of credit itself even more and continue to government. great need for them when they face all be the usual kangaroo court against One example is the TRAIN Act on the sorts of problems in the United Nations Israel. I’m glad that the United States floor this week, legislation intended to and elsewhere. and the President are standing up and rein in the executive branch’s gross Let us be clear. We will not be di- saying that we will veto a resolution if regulatory overreach. From the debt vided on this. Republicans, Democrats, it comes before the Security Council. limit debate to each spending bill con- conservatives, and liberals here in the f sidered on the floor, this process has House of Representatives and the United States Senate support Israel in PEACE IN THE MIDDLE EAST been about more than just our need for fiscal reform. It’s about the timeless their effort to remain free and to not (Mr. FLAKE asked and was given principles of freedom, justice, and op- be forced into positions that are to- permission to address the House for 1 portunity that have provided America tally unfair. minute and to revise and extend his re- with 224 years of prosperity and the fu- f marks.) ture promise of our Nation, if we con- Mr. FLAKE. Madam Speaker, what A CELEBRATION OF HISPANIC tinue to hold these principles dear. happens at the United Nations this HERITAGE MONTH week will have a profound and lasting f (Mr. HINOJOSA asked and was given effect on the prospects for peace in the b 1800 permission to address the House for 1 Middle East. If the Palestinian Author- minute.) ity succeeds in obtaining U.N. recogni- NOT YOUR GRANDFATHER’S Mr. HINOJOSA. Madam Speaker, I tion for a Palestinian state, it will only MILITARY rise today to say that Democrats in delay genuine efforts at a negotiated (Mr. PALAZZO asked and was given Congress continue to work tirelessly to settlement. permission to address the House for 1 improve the lives of America’s Latino Israel has, for many years, cooper- minute.) families. During the 111th Congress, we ated in good faith with Palestinian and Mr. PALAZZO. This morning I had passed historic legislation that made international efforts to mediate peace the honor and privilege to spend 2 college more accessible and affordable and work toward a two-state solution. hours with 86 World War II veterans and broadened the scope of health care It has made many concessions, some of from Mississippi. These exceptional for very many families. which were not always in Israel’s best men and women inspired generations of When Democrats controlled the Con- interest. The Palestinians, unsatisfied Americans such as me to serve their gress, we increased the maximum Pell with these efforts at the negotiating country. Grant, in a bipartisan vote, from $4,050 table, are seeking an end-run around Sadly, though, when I returned to my to the current $5,550, an increase of 37 Israel in an attempt to gain statehood office after honoring these American percent. While I was chairman of the by means of the United Nations. heroes, I saw many of my colleagues Subcommittee on Higher Ed, I proudly Watching this spectacle unfold, I was from the other side of the aisle con- stood next to President Obama when he reminded of the time I spent in Na- gratulating themselves on the ill-con- signed the historic Health Care and mibia in the late eighties and early ceived, lame brain, lame duck session Education Reconciliation Act of 2010 nineties, where the U.N. General As- repeal of Don’t Ask, Don’t Tell. Despite into law. This new law increased col- sembly had arbitrarily designated one the questionable reports, surveys, and lege aid for the 39 percent of Hispanic

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.112 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6331 college students who receive Pell This morning at the United Nations, the difficult but vital efforts we must Grants each year. In contrast, the pro- President Obama shared with an inter- all make in our quest for peace, not posed Republican budget will cut col- national audience his commitment to only for Israelis and Palestinians, but lege aid for nearly 10 million students, Israel’s security in the midst of a chal- also across the Middle East and all slashing the maximum Pell Grant lenging region and complex times. The around the world. award by more than $2,500. administration approached this year’s He spoke of the accomplishments of Today, I stand here with my col- U.N. General Assembly standing strong revolutions that have brought bur- leagues in celebration of Hispanic Her- with our ally in many respects. From geoning democracies to the Middle itage Month to say that we must pass once again boycotting the anti-Semitic East and North Africa over the past the DREAM Act. activities surrounding the Durban Con- year and the frustrated aspirations of We cannot turn our backs on these hard ference, to pledging to veto any Pales- many in the region where democracy is working, talented students who call America tinian unilateral declaration of inde- yet to come. their home. Brought here as children and pendence in the Security Council, to In praising the new free Libya and through no fault of their own, DREAM Act stu- working all summer with our partners urging the international communities dents deserve a chance to go to college and and allies against the unending efforts to join us in sanctioning Iran and become U.S. citizens. to criticize and delegitimize Israel at Syria, the President affirmed his com- I am proud of my heritage. I am proud of my the U.N., President Obama has been a mitment to supporting those who wish ancestors who came to this country from Mex- stalwart ally of Israel in this inter- to cast off tyranny. And in a world free ico over one hundred years ago. I am proud national forum. I’m so pleased that he from the terror of Osama bin Laden, of the contributions made by America’s grow- continued in that vein this morning President Obama emphasized our con- ing Latino community. with his address to the General Assem- tinued quest to end the religious, gen- Today, I urge my colleagues in Congress to bly. der, and sexual persecution that pre- join us in celebrating Hispanic Heritage Month. In his historic speech to this global vents all people from achieving their Let us honor our great Nation. Let us all work audience, President Obama once again true potential. harder to make the American Dream a reality demonstrated his stalwart support for I am so proud of President Obama’s unwavering support for Israel and his for all. our friend and ally Israel. Importantly, President Obama used this opportunity overall vision for peace that he laid out f at the United Nations to unambig- at the United Nations this morning. ISRAEL uously state his support for direct, bi- Hopefully, hearing the strong mes- The SPEAKER pro tempore (Mrs. lateral negotiations as the only way to sage from the United States, the Pal- ELLMERS). Under the Speaker’s an- solve the Israeli-Palestinian conflict estinians will once again return to the nounced policy of January 5, 2011, the and create a Palestinian state. negotiating table with Israel and work gentleman from Florida (Mr. DEUTCH) As the President said, ‘‘a genuine out a just and lasting solution between is recognized for 60 minutes as the des- peace can only be realized between the the two parties. In the meantime, we ignee of the minority leader. Israelis and the Palestinians them- can stand tall with the exemplary ef- Mr. DEUTCH. Madam Speaker, I ask selves. There is no shortcut to the end forts by this pro-Israel President as we unanimous consent that all Members of a conflict that has endured for dec- continue to engage diplomatically over may have 5 legislative days in which to ades. Peace will not come through the coming weeks to ensure that bilat- revise and extend their remarks and in- statements and resolutions at the eral negotiations between Israel and clude extraneous material on the sub- United Nations. It is the Israelis and the Palestinians will resume. ject of my Special Order. the Palestinians, not us, who must Thank you, Mr. DEUTCH, for your un- The SPEAKER pro tempore. Is there reach agreement on the issues that di- wavering support for our ally. Mr. DEUTCH. Thank you very much. objection to the request of the gen- vide them: on borders and on security, The same to you. tleman from Florida? on refugees and Jerusalem.’’ President Obama made it resound- I would note the President also spoke There was no objection. ingly clear that unilateral action will today at some length about the need to Mr. DEUTCH. I appreciate the oppor- never create a state and that we must recognize Israel’s security interests. tunity to be here following those series continue to support a process between The fact that Israel is a country that is of speeches delivered that lead per- two peoples that recognize both secu- surrounded by enemies, that has faced fectly into the discussion that we’re rity concerns and national aspirations. rocket attacks, barrages, at times on a here to have. And that clarity has not gone unno- regular basis, that it is imperative that This is a crucial moment for the ticed. all of our allies around the world who State of Israel, for the United States, Prime Minister Netanyahu, speaking understand the security threats that for the relationship that binds us to- after the President’s speech today, said Israel faces, that they understand that gether. This is an important moment that our President is wearing a ‘‘badge it is in Israel’s interest to take the ac- for those who believe in democracy and of honor’’ for his commitment to di- tion necessary to defend herself even as for those who believe in peace. We will rect, bilateral negotiations as the only they move toward the negotiations all be watching what transpires at the way to a Palestinian state. with the Palestinians. That’s some- United Nations in the coming days as As he has done so many times in the thing that every nation would under- the Palestinians continue to move for- past, President Obama again put forth stand. ward with an ill-fated attempt to cre- our country’s unshakable commitment I appreciate your bringing that up ate a state that can only be created by to Israel’s safety and security as a cen- today. negotiation. tral tenet to peace. The President re- I appreciate the opportunity to en- affirmed our enduring friendship to our b 1810 gage in a discussion with some of my ally Israel noting the very real secu- It is my pleasure and my honor to colleagues, and I would like to start by rity concerns of being surrounded by yield time to the impressive and won- recognizing my neighbor and my hostile neighbors. He made clear to the derful former chair and now the im- friend, the gentlelady from Florida, world that he understands the very pressive and wonderful ranking mem- Congresswoman WASSERMAN SCHULTZ. real threat Israelis face in constant ber of the State, Foreign Operations Ms. WASSERMAN SCHULTZ. Thank rockets and suicide bombs and children Subcommittee of the House Appropria- you very much for putting together coming of age knowing that, through- tions Committee, Representative this important Special Order hour to out the region, other children are LOWEY from Westchester. give us an opportunity to come to- taught to hate them. Only when Israel Mrs. LOWEY. I want to thank my gether in support of our ally and feels its security concerns are met will good friend Mr. DEUTCH. You are a friend, the State of Israel. future generations of Israelis and Pal- principled, strong supporter of the I rise today in praise of President estinians live side by side in pride and Israel-United States alliance for orga- Obama’s enduring, unequivocal support in peace. nizing this conversation at this very, for our ally Israel and a vision for a With the international community very critical time, and I thank you peaceful world. assembled, President Obama stressed very much.

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.115 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6332 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Madam Speaker, I rise in opposition that will be raised if the P.A. continues There were 10 months of a morato- to the Palestinian Authority’s counter- to move forward on this gambit at the rium—certainly enough time to nego- productive and dangerous gambit to de- United Nations, calling into question tiate a peace agreement that would clare statehood unilaterally through their commitment to negotiation and bring lasting peace to the Palestinian the United Nations. ultimately raising the reevaluation of people and a Jewish State of Israel. Did As we all know, a genuine and lasting aid to the Palestinians. he do that? No, he did not. He waited peace between the Israelis and Pal- I thank you very much for sharing over 9 months to begin negotiating estinians can only be achieved through that with us. with Israel and only sat down at the a negotiated settlement between the Mrs. LOWEY. I know how hard the table with weeks left on the Israeli parties, themselves. A lasting peace administration is working. Every moratorium. Then what did they do? cannot be imposed on Israel and the minute of the day has been spent try- The Palestinians demanded that the Palestinians by an outside country, ing to ward off what we think will be a Israelis extend the moratorium. They like the United States, or an organiza- real disaster. So, as an optimist—and I did nothing for nine of the 10 months. tion, like the United Nations. That is think it’s on Friday that Abu Mazen is Then they wanted to expand the mora- why it is so disturbing that the Pales- scheduled to speak—I hope that he is torium. tinian Authority has chosen to dis- wise and thinks of that decision and This is not the behavior of a true ne- continue direct negotiations with gets back to the negotiating table. gotiating partner. What type of negoti- Israel and instead to pursue a unilat- Mr. DEUTCH. I thank the gentlelady ating partner invites Hamas, a ter- eral declaration of statehood through from New York. rorist organization, to join them and the United Nations. This action will in- It is now my honor to yield such time become part of the Palestinian Author- disputably set back the prospects of a as she may consume to a colleague and ity? Certainly not a peace partner that settlement between the parties and call friend who has often been described as wishes to bring peace and a Palestinian into question the commitment of Pal- the great pro-Israel Member of the state to the Middle East. estinian leaders to genuine and lasting United States House of Representa- The Israelis, by contrast, have shown peace. tives, the Representative from Nevada, their commitment to negotiations and The Palestinian Authority receives SHELLEY BERKLEY. have repeatedly called on the Palestin- more than $500 million in economic and Ms. BERKLEY. I thank the gen- ians to join them at the negotiating security assistance from the United tleman from Florida very much for table. When Prime Minister Bibi States each year because it is in our in- putting this Special Order together in Netanyahu addressed the United States terest and that of Israel’s to support order to discuss an issue that is very Congress in a joint session on May 24, the ability of the P.A. to provide secu- important and that is certainly front he reiterated his willingness to make rity and basic services, but that assist- and center on the international scene painful compromises in order to reach ance is predicated on the willingness of today as it has been for the last several peace with the Palestinians, but the the Palestinian Authority to negotiate weeks. I also thank you, Mr. DEUTCH, Palestinians have turned their backs directly with Israel toward its own for your extraordinarily steadfast sup- on the negotiations or on any form of state. President Abbas has been warned port for the State of Israel and for the compromise and have gone to the noto- repeatedly, and I remain firm, that this strong American-Israeli relationship riously anti-Israel body, the United Na- counterproductive action by the P.A. that we work on and attempt to foster tions, where they believe they will re- crosses a line and should lead to a re- every day. ceive more sympathy and, ultimately, evaluation of this assistance. Madam Speaker, I rise to support our success. Despite the provocative decision of closest friend and ally, the State of I appreciate the Obama administra- the Palestinian Authority to abandon Israel, and to support the peace process tion’s strong statements that they will negotiations and to pursue instead a between Israel and the Palestinians. veto any Palestinian statehood effort unilateral declaration of statehood, I We must oppose Abu Mazen’s mis- at the Security Council, but I am deep- remain optimistic that the administra- guided and dangerous effort to bypass ly concerned that the Palestinians will tion, working in concert with the Quar- negotiations with Israel and go to the receive overwhelming approval at the tet, can facilitate the conditions for a U.N. with a unilateral resolution in General Assembly. resumption of good-faith negotiations. order to create a Palestinian state. The Today, the Palestinian Authority has I commend President Obama and ramifications of that are extraor- tentatively agreed to merely introduce Secretary Clinton for standing firm in dinary. They could destabilize the en- their resolution for a unilateral dec- support of a negotiated settlement and tire Middle East, put Israel on the de- laration of statehood in the Security for reaffirming the unbreakable bond fensive at the International Criminal Council and then ask that no action be between Israel and the United States. I Court, and create a failed terrorist taken until they negotiate with the support the administration’s tireless state right next-door to the State of Israelis. This concerns me greatly. work to prevent a unilateral declara- Israel—controlled by the Iranians, I What type of way is this to negotiate? tion of statehood from coming to a might add. Put a gun to Israel’s head, and every vote before the United Nations and to The Palestinians have claimed that time the Palestinians don’t like the defeat this gambit if a vote does occur. they’re going to the U.N. because they way the negotiations are going, the As President Obama stated today be- have no partner to negotiate with, but Palestinians can threaten that they’re fore the United Nations, peace is hard, it is the Palestinians, not the Israelis, going back to the United Nations? I but we also know that it is very much who refuse to negotiate. They de- don’t think this demonstrates a true worth the effort. I encourage President mand—and they demand it time and interest in sitting down and negoti- Abbas to make the hard choice to re- again—that Israel cease all settlement ating for a Palestinian state. turn to negotiations with Israel. It is growth in the West Bank before they the only way to achieve the lasting and would be willing to sit down and nego- b 1820 genuine peace that both Israelis and tiate for peace and a Palestinian state Let me tell you, as I conclude, what Palestinians seek. with the Israelis. I think we can do; and we should do it Mr. DEUTCH. Thank you, Congress- I think it’s time that we talk and re- immediately. woman LOWEY. member the exact history—and it’s not Congress must act. We must send a There are few in this body who un- such ancient history either. Even a full clear signal to the Palestinians that we derstand as well as you the importance settlement freeze is not enough for Abu will not continue to support them with of weighing the decisions to allocate Mazen. In the summer of 2009—if we our foreign aid dollars if they choose to United States’ foreign aid and where can remember back to that time—the act unilaterally and avoid negotia- that money goes. You have been such a Netanyahu government, at great polit- tions. vocal and passionate supporter of aid ical risk, agreed to freeze all settle- I will not continue to throw taxpayer to Israel in order to give Israel the ment growth for 10 months. Did Abu money away at the Palestinians when ability to defend herself. I think you Mazen and the Palestinians sit down at they are refusing to negotiate in good spoke eloquently about the questions the negotiating table with the Israelis? faith for a Palestinian state.

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.117 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6333 I have introduced H.R. 1592, which there was an overwhelmingly passed It is my pleasure and honor to yield would cut off funding to the Pales- House Resolution 268, the only path to as much time as he may choose to uti- tinian Authority if they unilaterally a lasting peace is through direct nego- lize to my good friend from New York, declare a state outside of negotiations. tiations between Israel and the Pal- Representative JOE CROWLEY. I hope my colleagues will join me in estinians that leads to a two-state so- Mr. CROWLEY. I want to thank my cosponsoring this timely legislation. lution. dear friend and colleague from Florida We must send a clear message to the Lasting peace will not come by play- for yielding me this time. Palestinians that their efforts to cir- ing destabilizing and damaging polit- Mr. Speaker, I rise today to speak cumvent negotiations are unacceptable ical games at the United Nations. A about one of the most important issues and the only way to statehood, the unilateral approach to Palestinian in our world, and that is peace in the only way, is at the negotiating table. statehood will surely fail at the United Middle East. Mr. DEUTCH, I thank you so much for Nations. It will fail, and in failing it For far too many years, many parts allowing me to share my thoughts with will harm the bilateral negotiation of the United Nations have been hi- you at this most delicate time in world process that is the only way to bring jacked by states opposed to the ongo- peace. about a lasting peace. ing existence of the State of Israel. Mr. DEUTCH. Thank you very much, A lasting peace cannot be achieved Some states simply refuse or are not Representative BERKLEY. while a contingent within the Pales- willing to acknowledge that Israel is a If there is going to be peace, you are tinian Government does not recognize country surrounded by many who seek absolutely right: that is peace that will Israel’s right to exist. A lasting peace her destruction. They seem to believe come through negotiations. And I am cannot be achieved while rockets are that if the Israelis simply conceded, not sure what type of negotiating tac- being fired into Israel, threatening her simply gave up, that peace would come tic it is to, on the one hand, say that children and her people. to the region. there is a commitment to negotiating, I was there with Mr. DEUTCH just That view doesn’t only show a lack of but at the same time to run to the days after an anti-tank rocket was understanding; it is simply wrong. The United Nations to unilaterally declare shot into a yellow school bus. I ask truth is no country in the world would a state in a way that only seeks to every American watching tonight and ever take action that undermines its delegitimize your so-called peace part- those around the world to think what ability to defend itself and neither ner. they would do if the State of Mexico should the State of Israel. Israel is committed to peace. We’ve fired on a school bus in El Paso and the Day in and day out, the people of seen that time and time again. Prime response that we as a country would Israel face the threat of terrorism. Minister Netanyahu is set, ready to ne- pursue. From the moment that they wake up gotiate. It is time that the P.A. moves A lasting peace cannot be achieved in the morning to when they go to forward with negotiations. I appreciate while the same group firing those rock- sleep at night, Israeli citizens wonder if your insight and your commentary. I would tell that you that as you ets into Israel is actively trying to de- they or their families will be the target spoke about Hamas, the P.A. made a fine Israel’s borders so that those rock- of attacks. decision also to move into a partner- ets would then strike major populated Dozens of suicide bombings and at- ship with that terrorist organization, a areas. tacks have been carried out over the Finally, Mr. Speaker, a lasting peace terrorist organization that still holds past 10 years, and there is no doubt cannot be achieved when one party fun- Gilad Shalit captive and refuses to let that each and every day Hamas is plan- damentally refuses to negotiate the the world see him, meet with him. He ning and preparing for even more at- terms of peace. should be released. tacks. This is a message that was given to I call upon President Abbas to do Madam Speaker, we need peace in Hamas, to the P.A. directly, in a meet- what’s right for both the Palestinian the Middle East, but these are not the ing that I was privileged to participate people, the Israeli people, and the conditions for peace. How can anyone in on a bipartisan trip to Israel some world and to not put political games- make peace when enemies are seeking months back. I was pleased to be on manship ahead of a lasting peace. I call their destruction? And now we see this that trip with our friend from Cali- upon him to return to a negotiating move at the United Nations to secure table and to give up this spurious, dan- fornia, Representative CARDOZA. unilateral declaration of statehood. In- I am pleased to yield the gentleman gerous, and damaging game. stead of finally achieving the peace as much time as he desires. Mr. DEUTCH. I thank my friend from that is so desperately needed, so des- Mr. CARDOZA. Thank you, Rep- California. perately wanted, this looks like a step resentative DEUTCH. You are not just a There are a lot of opportunities that to try to back Israel into a corner. friend but a great colleague. we as Members have to participate in Let me assure you, this is not the Before she leaves the Chamber, I just the process and to see the impact of path to positive change. It is a grave want to associate myself with Con- the decisions that we make. error by Abu Mazen to demand recogni- gresswoman BERKLEY’s remarks. The The opportunity that we had to spend tion of statehood at this time. The fact gentlewoman from Nevada has been a some time in the community that had is, the day after any vote, the situation stalwart for the State of Israel. She is just been attacked with that rocket on the ground in the Middle East will absolutely and unequivocally correct fire reminds us of what we are doing not have changed. here this evening, what President on this issue, and I will gladly cospon- b 1830 sor your bill. Obama did at the United Nations ear- Ms. BERKLEY. Thank you. lier today, and what our allies through- All the same issues will remain in Mr. CARDOZA. Mr. DEUTCH, thank out the world hopefully will do in place. The difference will be the trust. you for putting together this Special standing up to support the one great Trust will forever be eroded, and for Order this evening. As you all know, democratic nation in the Middle East, good reason. That’s not the only dif- the Palestinian Authority has stated why that is so vitally important. ference, however. There is another that it will submit, or it’s intending to Mr. CARDOZA. You are absolutely issue that I believe we need to have submit, to the U.N. Secretary General correct, Mr. DEUTCH, and the visions of more discussion about. Ban ki-Moon a resolution requesting those scared mothers talking to us in I believe that what the Palestinian recognition of Palestinian statehood. their community by the bus stop, a Authority is doing calls into question As President Obama said today in his shelter that has to be reinforced by our funding for their work. The United speech before the U.N. General Assem- concrete so that they can somewhat States supported the Authority as a bly, the bonds between the United protect their children on the way to way to support peace efforts, but this States and Israel are unbreakable, as school, is the reason why we must act statehood drive undermines those very our commitment is to the security of for a lasting peace, if no other than efforts. American dollars are meant to Israel. that. support efforts by the Palestinian Au- And as I and my colleagues in Con- Mr. DEUTCH. Thank you for being thority to secure peace and to diminish gress expressed earlier this year, when here, Mr. CARDOZA. violence, but this is not a blank check.

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.119 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6334 CONGRESSIONAL RECORD — HOUSE September 21, 2011 We cannot support those who seek con- Palestinian state exists in peace along- of Israel and someone who has stead- frontation instead of reconciliation. side the Jewish State of Israel. But as fastly remained engaged in this issue, I believe it is time for a very, very se- the President emphasized at the U.N. even traveling to New York, before rious review of our policy, the United today, a genuine, true, and lasting coming back to Washington, to speak States Congress and the United States’ peace can only be reached through ne- directly to those who will be making policy in its funding, not only for the gotiations between the Israelis and the decisions at the United Nations, a good Palestinian Authority but for any na- Palestinians themselves. friend and a great colleague, ELIOT tion that seeks to undermine the State I strongly support the President’s ENGEL. of Israel within the U.N., not just the diplomatic leadership and efforts to Mr. ENGEL. I thank the gentleman Palestinian Authority but any nation convince the Palestinians and their from Florida for yielding, and before I that would vote to undermine the ex- international allies to abandon efforts talk about these issues, let me first istence of the State of Israel. to use the U.N. to bypass negotiations compliment the gentleman from Flor- I want to thank Mr. DEUTCH and Mr. with Israel, and I join him in urging ida. He hasn’t been in Congress very HOYER and all of my colleagues for put- them to return to the talks with the long, but he certainly made his mark ting this effort together tonight. I and Israelis. While we acknowledge that very strongly, particularly on the U.S.- my colleagues will continue to stand the conflict will not be resolved easily Israel relationship. He has been a stal- firmly with the people of Israel. and that it will require difficult sac- wart supporter and a very articulate Mr. DEUTCH. I thank you, Mr. CROW- rifices from both parties, it is only spokesperson for the U.S.-Israel rela- LEY. through direct peace negotiations be- tionship. I know that Mr. DEUTCH has The most important point to make tween the Israelis and the Palestinians been very, very effective, and it is an right now in listening to you and lis- themselves that a lasting solution can honor to do this Special Order with tening to Mr. CARDOZA and listening to be found. There can be no substitute him this evening. the gentleman from California who for such negotiations. As the President Madam Speaker, I agree with every- spoke earlier from the other side, this stated today in New York, ‘‘Peace will thing that every one of my colleagues is not a partisan issue. This is not a re- not come through statements and reso- said. Let me first say, because we are ligious issue. This is a question of lutions at the United Nations.’’ Democrats having this Special Order, whether we stand together in support In his speech today, the President there has been a lot of fighting in Con- of democratic ideals, in support of the recognized the legitimate desires of the gress, but one thing we don’t fight safety and security of our ally. That’s Palestinian people for a state with rec- about, Democrats and Republicans, we what is at stake here, and I thank you ognized borders and opportunities for agree that the U.S.-Israel relationship for coming to so eloquently and pas- economic growth. I share his commit- must remain strong. If there is one sionately speak to that issue. ment to working toward that goal. But, thing that unites this Congress and Mr. CROWLEY. Let me just make as he also emphasized, any peace agree- unites Democrats and Republicans, it’s one point. There is partisanship. There ment must acknowledge and address strong support for the U.S.-Israel rela- are those who would use this oppor- the ongoing security threats faced tionship. tunity to divide. Not here in the United daily by Israel and the Israeli people Many of my colleagues have made States, not Republicans and Demo- and be based on a recognition that very, very good points, many of which crats, but around the world. This is a Israel is the historic homeland of the I want to reiterate, but I think the world forum we’re talking about in the Jewish people. most important thing to reiterate is U.N., and what I want our allies to Instead of appealing to the U.N., the this: If there is a dispute anywhere know and our friends to know is that parties simply need to return to the around the world, the only way you can we’re watching—those who will stand table. A lasting peace cannot and will resolve that dispute is getting the two with the State of Israel and those who not be imposed by any external party. adversaries face to face in direct nego- will not. It must be reached by the Israelis and tiations to hammer out all of the areas Mr. DEUTCH. I thank the gentleman. the Palestinians themselves, with re- of disagreement and hopefully come to Efforts to delegitimize the State of gional and international support, in- a peace agreement. Israel at the United Nations must be cluding that of the United States of That happened in Ireland, in North- opposed at every capital in this world. America. The Palestinians should ern Ireland, a place that we never I thank you very much. abandon this effort at the United Na- thought would get peace but did, be- It is my pleasure to recognize my tions. Our allies should stand with the cause both sides made the commitment friend and colleague, a passionate sup- State of Israel and a real peace nego- that they preferred peace over war and porter of the State of Israel who hails tiation. That means the Palestinians over misery that had gone on for far from a community in Illinois with an have to return to the bargaining table. too long. So they sat down face to face, equally passionate zeal for the safety I thank you, Mr. DEUTCH. with a little prodding from other coun- and security of the State of Israel, Rep- Mr. DEUTCH. And I thank you, Con- tries, including the United States, and resentative SCHAKOWSKY. gresswoman SCHAKOWSKY. Your talk were able to hash out an agreement. Ms. SCHAKOWSKY. I want to thank about the President’s statement today That, I’m convinced, is the way that you so much, Mr. DEUTCH, for orga- is important. Equally important is the Middle East difficulties will come nizing tonight’s Special Order. what the administration has been to fruition, only by face-to-face nego- Today, President Barack Obama doing leading up to that speech today, tiations. clearly restated the U.S. commitment in the way that the U.N. Ambassador to negotiated peace and protection of has continued to press our allies, in the b 1840 human rights. In his remarks to the way that this administration has been The Palestinians, in my estimation, General Assembly of the United Na- clear throughout that if this movement have attempted to throw so many pre- tions, the President emphasized the goes forward, if the Palestinians con- conditions at Israel before they will importance not just of peace but of tinue to go to the Security Council, even sit down and negotiate that it has human dignity and economic oppor- that the United States will veto that made it impossible for Israel to be able tunity. resolution because it is not a way to to sit down and talk with them. Bound- In particular, President Obama again achieve peace. I appreciate your shar- aries like 1967 boundaries or settle- demonstrated that he is a true and ing those thoughts and raising those ments or expansion of neighborhoods, steadfast friend of Israel and reiterated issues with us. all these are final status issues. These that ‘‘America’s commitment to It is a great privilege for me now to are not issues where one side says to Israel’s security is unshakeable, and turn over the floor and yield to my the other side, you have to unilaterally our friendship with Israel is deep and friend, who is one of the fiercest de- agree with our position before we will enduring.’’ fenders of the U.S.-Israel relationship, even sit down and negotiate with you. Like the President, I am a strong one of the most outspoken Members of That makes no sense whatsoever. So supporter of a two-state solution. I this body when it comes to standing up face-to-face negotiations are the only look forward to a future in which a for the safety and security of the State way that we can have peace.

VerDate Mar 15 2010 04:55 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.121 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6335 I would argue that going to the from Florida (Mr. DEUTCH), let me just our opposition and declaring that we United Nations by the Palestinians ac- say this, and we have heard some rum- won’t tolerate such bogus and mali- tually sets back the cause of peace be- blings about it with some of our col- cious accusations. And we’ll stand up cause if the United Nations were to de- leagues here. This Congress will not again for Israel this week in New York, clare a Palestinian state, say on the continue to fund the Palestinian Au- but not just today and Friday. basis of the 1967 lines, which is what thority. It’s not going to be a blank I would like to take a moment to the Palestinians want, well, that is a check. If the Palestinian Authority talk about what is going to be hap- guarantee that there can never be doesn’t want peace and doesn’t show pening tomorrow. When Mahmoud peace with an agreement like that. that it wants peace, we are not going Ahmadinejad brings his campaign of First of all, if the United Nations were to continue to fund them. hatred to the United Nations General to agree to that, no Palestinian leader I introduced a resolution in the For- Assembly, as he stands just miles from in the future could ever accept any- eign Affairs Committee which came be- Ground Zero a mere 3 weeks after the thing less. And the Israelis can never fore the State Department markup 10th anniversary of the September 11 accept, and will never accept, a return which passed unanimously on a roll attacks and blasphemously declares to the 1967 borders, which were indefen- call vote withholding money, ending that the U.S. Government orchestrated sible. Israel fought wars because those money to the Palestinian Authority if the attacks to reverse the declining 1967 borders were not defensible. And so they come to the United Nations for a American economy, as he did last year, these preconditions, and this going to vote. It passed unanimously—every we will stand up for those brave men the United Nations, actually sets back Democrat, every Republican. And so and women who lost their lives that the cause of peace. this Congress is not going to be a fool. day and every day since fighting for Now I just think a little bit of his- Either the Palestinians want peace or freedom. And when he stands at the tory is important because it’s so easy they don’t. But they cannot have it U.N. and celebrates the 10th anniver- to go on college campuses or to try to both ways. They cannot say they want sary of the Durban hatefest that was delegitimize Israel and the United Na- peace and refuse to sit down and talk an anti-Semitic rant against Israel, we tions or to have statements that aren’t to Israel face to face at a negotiating will stand up for the freedom and de- really true. The fact of the matter is table. mocracy that Israel represents, the that Israel has always been prepared to So, Mr. DEUTCH, I want to thank you freedom and democracy that make painful concessions for peace. I for doing this. I think it is very, very Ahmadinejad so brutally represses in was in this Congress during 2000–2001 important that all people of good will, his own country. That’s going to be our when President Clinton helped nego- Democrats and Republicans, stand to- role just tomorrow. And I know that tiate what we thought was a peace, the gether in support of Israel. I think the you will look forward to standing in Oslo Accords, and what we thought was President’s speech today at the United strong opposition to those statements a peace between Israel and the Pal- Nations was a very good speech where from one who wishes to see Israel estinians. I remember in 1993 on the he talked about the bond is unbreak- wiped off the map, one who could prob- White House lawn with Yasser Arafat able between the United States and ably be tried for incitement to geno- and Yitzhak Rabin shaking hands. I re- Israel. cide for his statements, you will stand member being there with my 8-month And we have to make sure that the with me, as you always have, in opposi- pregnant wife in 95-degree weather, and Palestinians live up to their commit- tion to the rhetoric, the hateful rhet- we all had such high hopes. ment. Israel is willing to live up to its oric, that we will be forced to listen to But what has happened? Abba Eban commitments. Israel wants to live in tomorrow. used to say the Palestinians never miss peace. We’re now waiting to see what Mr. ENGEL. Thank you, Mr. DEUTCH an opportunity to miss an opportunity. the Palestinian and the Arab states for pointing that out because, unfortu- nately, I said before that the U.N. had And there have been many opportuni- want to do. been a kangaroo court against Israel ties for peace. In 2000–2001, Israel Finally, let me say this. There are time and time again. Israel cannot get agreed to a peace. Arafat, who was the two factions in the Palestinians: One is a fair shake in the United Nations. I do Palestinian leader, said no. And what Fatah, which is Abbas’ faction, and one hope that we are able to block the did Arafat turn down at that time? He is Hamas. Hamas controls Gaza. Hamas votes in the Security Council where turned down a Palestinian state, part is a terrorist group. Hamas doesn’t rec- the United States, the Obama adminis- of Jerusalem, 97 percent of the West ognize Israel’s right to exist. Hamas tration, has said that the President Bank and billions and billions of dol- certainly doesn’t recognize the right of will do a veto of any kind of resolution, lars of aid. Israel said yes. He said no. a Jewish state to exist. How can we ex- and I hope that it won’t even come to pect our ally Israel to sit, negotiate, I think it’s important to put that in that because I hope that they do not and make peace with an entity that de- perspective. get the requisite number of votes to Then the Palestinians talk about the nies its very right to exist and an enti- even pass it. right of return. They want to flood ty whose whole reason for being is to And then the Palestinians might Israel with Palestinian refugees—not destroy the Jewish state? then go to the General Assembly. They We wouldn’t ask that of ourselves. refugees that left in 1948, when Israel say they are going to do that. And We shouldn’t ask that of Israel. was founded—but their descendants. while the General Assembly cannot Mr. DEUTCH. I thank the gentleman. And that’s a pipe dream because that admit a Palestinian state, it can up- Mr. ENGEL, if the Palestinians were could never happen. It would under- grade their status, which would allow serious about peace, they would aban- mine the essence of a Jewish State of them to run around and harass Israeli don their unity with Hamas. They Israel. leaders in the different international would abandon this plan to move for- So if there is going to be peace in the courts. Middle East, we need to go back to ward at the United Nations, and they I just think the U.N. better be care- what the partition of Palestine in 1948, would return to the negotiating table. ful. It sits in my hometown of New the original resolution, said in the U.N. But this doesn’t seem to be the case, as York, and we have always been proud It said Palestine is to be partitioned we’ve discussed here tonight. They that the U.N. is in New York. But I into an Arab state and a Jewish state. seem intent on, in fact, making a think the U.N. is on the verge of dis- And here we are, some 63 years later, mockery of the United Nations by crediting itself very, very badly. and the Palestinians and most of the using it as a platform to delegitimize Arab world won’t even recognize Israel Israel. But we will stand up to that ef- b 1850 as a Jewish state. That’s where the fort. We’ll stand up against it. The fact There was resolution 242, which problem lies, not with Israel. And the is from the vile ‘‘Zionism is Racism’’ talked about land for peace in the Mid- attempt to go to the United Nations resolution of the 1970s to the biased dle East. I would say that the Palestin- and sort of do an end game around and misleading Goldstone Report, the ians, by trying to get recognition uni- Israel will not work. United States has, time and time laterally in the U.N., they are repudi- Finally, and then I’d be happy to dis- again, stood up against such ating the land for peace. They’re cer- cuss this further with my colleague delegitimization efforts, loudly voicing tainly repudiating the Oslo Accords,

VerDate Mar 15 2010 03:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.123 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6336 CONGRESSIONAL RECORD — HOUSE September 21, 2011 which said that both states have to sit Thank you, Mr. DEUTCH. Furthermore, this reckless action at the UN down, the Palestinians and the Israelis Mr. DEUTCH. I thank you very could lead to widespread violence on the have to sit down and hammer out an much, Mr. ENGEL, for your passionate ground. agreement. As I mentioned before, it words. The only way to achieve a two-state solution even repudiates the very basis of the I think it’s important, as we wrap is through direct negotiations leading to a initial partition of Palestine in 1947 this up, to think about why it is and to peace treaty fully accepted by both govern- and ’48 into a Jewish state and an Arab remind our colleagues and the Amer- ments and by both peoples. state. ican people why it is that we are so A vote on a unilateral UN resolution will like- And we talk about the Palestinian committed to this bond with Israel, ly set prospects for peace in the region back refugees. They have been used as pawns and we do it because the bond with years. by the Palestinian leadership—and Israel runs deeper than our interests in The United States needs to stand strong frankly by all the other Arab states in Middle East affairs. It runs deeper than with Israel, and I am pleased that President the world. And we ought to mention mutual security interests. Our bond is Obama has called the Palestinian efforts at this because it’s very, very important. born out of the values that our two na- the UN a ‘‘mistake’’ and has stated that the Jewish refugees from North Africa and tions share, the values of freedom, of United States will veto this resolution should it all over the world, from Europe, from respect, of human rights. We as Ameri- be brought before the Security Council. all over the world, came to Israel and cans share those values with the people We need a unified voice from the United were integrated into Israeli society of Israel. They are universal values, States and our allies showing that this action through the years. The Palestinian ref- American values. They span religious is not the way to achieve a peace and that if ugees could have and should have been and political parties. They bring people such action is taken, there will be con- integrated in the various Arab coun- together from all walks of life. They sequences. Mr. WAXMAN. Madam Speaker, I am very tries, but the Arab leaders decided to are the things that some of Israel’s pleased to join with so many Members of the leave them in these horrendous condi- neighbors are losing their lives fighting House to express our profound concern, and tions in these camps, to use the Pales- for, the values that Israel holds dear as strenuous opposition, to the impending re- tinian refugees as pawns in the Pales- a great democracy in the Middle East tinian camps. quest by the President of the Palestinian Au- and in the world. It wasn’t done by the Israelis. It was thority, Mahmoud Abbas, to seek a unilateral Israel faces one of its greatest chal- done by the Palestinians themselves declaration of statehood at the United Nations lenges, a worldwide campaign to uni- and by the Arab nations themselves to later this week. laterally declare a Palestinian state. use them as political pawns. So I think The Palestinian leadership says it wants The United States must continue to re- we should look at the people who are peace with Israel, but their actions and words really suffering here and say why mind the world why it is that we stand contradict their assertions. It is not at all clear they’re suffering. They’re suffering be- in solidarity with Israel. President Abbas is even capable of making I urge our allies around the world to cause they’ve had a leadership that has peace with Israel. He refused to enter direct stand with us now in urging the Pal- failed them for more than 60 years. negotiations last year even when Israel agreed So I’m very proud of the United estinians to abandon this misguided to a settlement freeze. He refuses to accept a States of America. I’m proud of our and dangerous quest. If Mr. Abbas simple statement that he accepts Israel as a country for standing up for freedom. seeks a state where the Palestinian Jewish state. And, as a prelude to his bid for I’m proud of our country for standing people can truly prosper, a peaceful statehood from the United Nations, he wrote in with Israel. I’m proud that the Presi- state, then he will look to Israel as a the New York Times last May: ‘‘Palestine’s ad- dent said the bond between Israel is un- partner. He will understand why nego- mission to the United Nations would pave the breakable. We have to understand that tiations provide the only path to peace; way for the internationalization of the conflict this is not a fight between two groups and he will take his seat at the negoti- as a legal matter, not only a political one.’’ that are sort of equal in being con- ating table. Recognition of statehood by the United Na- cerned about democracy. Israel shares To our whip, STENY HOYER, who tions, in other words, is simply another front in our values. Israel is the only democ- helped us arrange this hour, and to my the conflict—and not a settlement of the con- racy in the Middle East. What’s impor- colleagues who participated, and to ev- flict. tant to Israel is important to the eryone who has tuned in even for a mo- Any move towards statehood for Palestine United States. That’s why we have to ment, I want to say thank you, thank in the United Nations is gravely flawed. stand with Israel because if we don’t do you for giving us the opportunity to First, a unilateral declaration of statehood, it, nobody else will. We’ve shown time stand up at this most difficult and cru- by the Palestinians themselves or through the and time and time again that the inter- cial moment in the history of the U.S.- United Nations, constitutes a unilateral repudi- national community, particularly the Israel relationship and remind our al- ation of the peace process. A Palestinian state United Nations, is biased against lies from around the world—and every can only emerge at the conclusion of a peace Israel; and unless the United States nation from around the world—just treaty with Israel. As President Obama told the stands squarely with Israel, Israel will how strong and unbreakable the bond assembled leaders of the world today at the never get a fair shake. between our two nations is. United Nations: ‘‘There is no short cut to the So I am proud that we are doing that Madam Speaker, I yield back the bal- end of a conflict that has endured for decades. now at the United Nations. I am proud ance of my time. Peace is hard work. Peace will not come that we have taken a stand. I am proud Mr. SIRES. Madam Speaker, Palestinian through statements and resolutions at the of this Congress, on a bipartisan basis, Authority President Abbas has announced that United Nations.’’ for taking a pro-Israel stand. The this Friday he will formally seek statehood rec- Second, a unilateral declaration by the Pal- United States—and I would say this to ognition at the United Nations. estinians will not bring a State of Palestine the people of Israel—will always stand While there are obstacles to achieving a into existence. Without agreed borders, there with our friends and allies, Israel, who lasting and peaceful two-state solution, the is no agreed state. Without an agreed state, care for the basic human rights and PA’s attempt to seek recognition at the UN there is no lawfully constituted government of concerns and democracy and demo- demonstrates that they are not truly interested the state of Palestine. cratic values that we care about as in achieving peace. Third, such action at the United Nations well. Such a unilateral approach, will not lead to may well provoke violence in the West Bank So as we see this unfolding, I would peace. This action violates the letter and spirit and Gaza and possibly across the region. Ex- just say to the Palestinians, if you of the Oslo accords and deals a significant cessive expectations among the Palestinians really want your state, if you really blow to future negotiations. have been induced by the public campaign of want a two-state solution—which I be- Recognizing a Palestinian state would also the Palestinian Authority to seek statehood lieve you are entitled to—then sit down give legitimacy to Hamas given that the ter- through the U.N. Reality cannot and will not with Israel face to face across the nego- rorist group currently is in control of the Gaza meet those expectations—leading to immense tiating table, no preconditions, and Strip—an area the PA claims for its state. frustration for Palestinians in the West Bank talk peace. The Israelis are ready to do By granting recognition of a state, the inter- and elsewhere. In the past, this has led to it. We’re still waiting for the Palestin- national community will reward Hamas for its successive uprisings targeting Israel. Such vi- ians. terrorist actions, rather than condemn them. olence has been vicious and inhumane, with

VerDate Mar 15 2010 03:58 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\CR\FM\K21SE7.125 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6337 immense loss of life—and it serves no pur- We believe that the only way to achieve a evening to talk about two of the most pose. It brings neither peace nor statehood two-state solution is through direct negotia- important issues on the minds of every any closer. But the threat of violence over- tions leading to a peace treaty fully accepted American, but especially on the minds by both governments and by both peoples. A of our seniors, and those two issues are, hangs the Palestinian maneuvers at the U.N. just and lasting peace cannot and must not Fourth, unilateral action at the United Na- be imposed on the parties. If the Palestinians number one, Medicare, and, number tions will be a major setback of incalculable pursue such a unilateral approach, it vio- two, the Patient Protection and Af- duration to any meaningful resolution of the lates the letter and spirit of the Oslo Accords fordable Care Act. issues if there is to be a just and lasting peace and will deal a significant blow to future ne- Now, if you go to the 11th Congres- with Israel, and the establishment of a Pales- gotiations. Given the expectations gap sional District of Georgia, Madam tinian state. If the Palestinians seek to act on among the Palestinian public, such action Speaker, and you say, what do you their own, what is there to negotiate with could lead to widespread violence on the think about the Patient Protection and Israel? Where is the dialogue? What can pos- ground, jeopardizing the West Bank’s im- Affordable Care Act that was passed on pressive economic and security gains over sibly be the prospects for a meeting of the March 23, 2010—11⁄2 years ago—in this recent years. There is also a substantial risk body, they would say I don’t know minds and a resolution of the issues of bor- of more broadly inflaming the region and in- ders, security, Jerusalem, and refugees? A creasing violence at a time of already great what you’re talking about. What is unilateral declaration of statehood is not a instability. Finally, the United States will PPACA, the Patient Protection and Af- substitute for the peace process; it is a repudi- reconsider its assistance program for the fordable Care Act? And then if you said ation of the peace process. And that means Palestinian Authority and other aspects of to the folks in the 11th of Georgia, the end to the peace process. U.S.-Palestinian relations if they choose to well, ObamaCare, they would say yes, Fifth, a recognition of Palestine by the pursue such a unilateral effort. of course, now I know what you’re We are confident that your government United Nations will lead to great legal vulner- talking about. So tonight I will use the shares the United States’ commitment to a term ‘‘ObamaCare’’—not in a pejo- ability to Israel and its government’s leaders comprehensive resolution of the conflict be- by giving Palestine standing in several inter- tween the Israelis and the Palestinians. That rative way, but it’s the term that’s national institutions, such as the International outcome can only be achieved through direct most recognizable to the American Court of Justice. No settlement of any issues negotiations. A vote on a unilateral UN reso- people. 1 or grievances between the parties can be ad- lution will likely set prospects for peace Of course even today, 1 ⁄2 years after vanced by legal harassment of Israel in inter- back years. passage of ObamaCare, fully 60 percent Our bilateral relationship is based on cer- national organizations. of people across this country are op- tain fundamental values. We urge you to posed to it. They were opposed to it at For all these reasons, I believe it is impera- vote those values, and to stand with the tive that the United Nations reject any unilat- its inception; and yet when President United States in not supporting unilateral Obama was inaugurated and became eral bid for statehood for Palestine. action at the UN that would impede the our 44th President, just within weeks The member states of the United Nations peace we all seek. there was this push to have something must understand that a vote against a resolu- Thank you for your consideration of our that I would call national health insur- tion in the General Assembly is not a vote views. ance or government-controlled health against a Palestinian State—it is a vote to get Democratic Whip Steny H. Hoyer; Demo- cratic Leader Nancy Pelosi; Rep. Gary insurance for this great country of the parties into direct negotiations so that a Ackerman; Rep. Joe Baca; Rep. Shelley ours. Palestinian State can truly and successfully Berkley; Rep. Howard Berman; Rep. Many times, Madam Speaker, the and legitimately arise. Madeleine Bordallo; Rep. Leonard Bos- dialogue was, well, we have been want- As President Obama said today: ‘‘We will well; Rep. Dennis Cardoza; Rep. Russ ing this government-controlled health only succeed in that effort if we can encour- Carnahan; Rep. David Cicilline; Rep. insurance, national health insurance, age the parties to sit down together, to listen Emanuel Cleaver; Rep. Gerry Connolly; Rep. Jim Costa; Rep. Jerry Costello; Medicare-for-all government insurance to each other, and to understand each other’s from cradle to grave for years, way hopes and fears. That is the project to which Rep. Mark Critz; Rep. Joseph Crowley; Rep. Susan Davis; Rep. Rosa DeLauro; back in probably the days of Theodore America is committed, and that is what the Rep. Ted Deutch. Roosevelt. We have been wanting this United Nations should be focused on in the Rep. Eliot Engel; Rep. Charlie Gonzalez; and trying to get this passed, and now weeks and months to come.’’ Rep. Gene Green; Rep. Janice Hahn; is our opportunity. Now finally we Last week, I was pleased to join with doz- Rep. Brian Higgins; Rep. Kathy Hochul; have the opportunity to bring this to ens of Members of the House in correspond- Rep. Tim Holden; Rep. Steve Israel; the American people. ence directed to several dozen foreign heads Rep. William Keating; Rep. Larry Well, who was it, Madam Speaker, of state, in which we urged that their govern- Kissell; Rep. James Langevin; Rep. John Larson; Rep. Sander Levin; Rep. that wanted it all these years? And ments reject a unilateral declaration of state- why, if they wanted it so badly for 50, hood for Palestine by the United Nations. Dan Lipinski; Rep. Nita Lowey; Rep. Carolyn Maloney; Rep. James McGov- 60, 70 years, why was it never passed? I commend our correspondence to all our ern; Rep. Gregory Meeks; Rep. Michael Indeed, why was it not passed the last colleagues. We will continue our efforts at the Michaud; Rep. Chris Murphy. time before this passage in March of United Nations and redouble our commitment Rep. Jerrold Nadler; Rep. Eleanor 2010? Why did it fail back in 1993–94, to the re-commencement of direct negotiations Holmes Norton; Rep. Bill Owens; Rep. during the administration of President between Israel and the Palestinians leading to Gary Peters; Rep. Steven Rothman; Clinton, when we referred to it as a peace agreement between them. Rep. C.A. Dutch Ruppersberger; Rep. HillaryCare? Everybody remembers John Sarbanes; Rep. Janice Scha- HOUSE OF REPRESENTATIVES, kowsky; Rep. Adam Schiff; Rep. that very well. Well, it’s because the September 15, 2011. American people don’t want this. They We write on a matter of great urgency, on Allyson Schwartz; Rep. David Scott; Rep. Brad Sherman; Rep. Heath Shuler; didn’t want it then, didn’t want it in the eve of the United Nations General As- 1993–94, absolutely didn’t want it in sembly meeting. It is our understanding that Rep. Albio Sires; Rep. Betty Sutton; the leadership of the Palestinian Authority Rep. Edolphus Towns; Rep. Debbie March of 2010. And yet this President will pursue a resolution at the United Na- Wasserman Schultz; Rep. Henry Wax- and that majority—at the time, the tions—in either or both the Security Council man. Democrats controlled this House of and the General Assembly—to grant the Pal- f Representatives. They controlled the estinians the equivalent of statehood and/or MEDICARE AND OBAMACARE Senate. They had the White House. prejudge final issues, including borders and the status of Jerusalem. One of the major The SPEAKER pro tempore. Under b 1900 goals of this effort is for the Palestinians to the Speaker’s announced policy of Jan- All their ducks were in a row. Every- better position themselves to petition the uary 5, 2011, the gentleman from Geor- thing was aligned. And they literally International Criminal Court, very possibly gia (Mr. GINGREY) is recognized for 60 spent a year and a half, Madam Speak- bogging down the court for the foreseeable minutes as the designee of the major- er, a year and a half forcing that legis- future. ity leader. lation, literally, down the throats of It is our strong belief that such unilateral action would have devastating consequences Mr. GINGREY of Georgia. Thank the American people, even when folks for the peace process and the Palestinians you, Madam Speaker, and I thank our of all ages, but especially seniors, were themselves. Accordingly, we urge you in the majority leader for giving me the op- saying, you know, We don’t really want strongest terms not to support this effort. portunity to take this time this this.

VerDate Mar 15 2010 03:58 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A21SE7.054 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6338 CONGRESSIONAL RECORD — HOUSE September 21, 2011 Part of that reason, especially in re- currently have and, indeed, even people I say to my colleagues tonight, gard to our seniors, Madam Speaker, is who are not yet eligible for Medicare Madam Speaker, during this time, that the fact that they were worried, and but they’re 55 years old, 10 years away, that most important thing is to still are worried, about their Medicare we would enact no changes whatsoever strengthen, to preserve, to save our program. Medicare, of course, was an to their Medicare benefits. Medicare program for our current sen- amendment to the Social Security Act Medicare as you know it will be pre- iors and for our children and our grand- that was passed back in 1965. I had just served and protected for those 47 mil- children. lion people who are currently on the completed my freshman year of med- b 1910 ical school, and I remember it very Medicare program; maybe 7 million of well. Medicare, of course, is a great those are younger individuals who are There’s so many things in program for our seniors. I would hate permanently disabled. Forty-seven mil- ObamaCare, this new program, this to think what our situations would be, lion people currently on Medicare. new entitlement program, to make those over 65 and those with disabil- When you add those who, today, men sure that everybody has health insur- ities, if it were not for the Medicare and women in this country who are 55 ance whether they really want to or program. years of age or older but not yet 65, in not. But, Madam Speaker, the Medicare 10 years, Madam Speaker, that will be There are so many things in this bill, program is far from secure. I’m sad to another 20 to 25 million people on the which doesn’t really fully go into effect say that tonight, but it’s the truth, and Medicare program with absolutely no until 2014, but yet the taxes that are burdening our citizens are already I think the American people, and changes. You’re talking about 65 or 70 being applied, whether it’s an addition again, especially our seniors who are million people 10 years from now who to the payroll tax, taxing for the first currently on Medicare, or those that will be on Medicare, traditional Medi- time income that’s not earned, income are getting close to age 65, I think they care as we know it, for the rest of their that’s interest, income that’s divi- know that our attention in this Con- natural lives, and I hope every one of dends, income that’s rental income. If gress and from this administration them, including myself, lives to be 93 mom and pop happen to rent out a should be on preserving, strengthening years old like my mom is today and en- room in their basement, and they have the Medicare program for our seniors joying the benefits and the security of income over a certain amount, the and not spending a year and a half, Medicare. President says they’re rich. Again, I Again, we diverted our attention from January 2009, literally, until used this word a few minutes ago, it’s away from a program that our seniors March of 2010, with almost nothing on just unconscionable. the agenda but instituting, passing this can’t live without but that’s in danger When ObamaCare was created, one of new entitlement program called of becoming insolvent. And that’s not the largest pay-fors in that program, PPACA, Patient Protection Affordable Congressman PHIL GINGREY, Dr. Madam Speaker, was cuts to Medicare, Care Act, or, indeed, ObamaCare, that GINGREY, the chairman of the GOP something like $550 billion taken out of really has nothing to do with seniors, House Doctors Caucus speaking, al- the Medicare program—not to has very little to do with those who are though I do represent, Madam Speaker, strengthen Medicare, not to pay for poor in this country, through no fault that group here tonight as the designee catastrophic coverage for our seniors, of their own, and thank goodness, for the Republican majority in this not to strengthen the prescription drug again, created in 1965, their health care hour of time that is allotted to me. No, plan, part D, not to close the doughnut system called Medicaid. this is the trustees of Medicare and the hole. No. That money was taken out of So, no, what we have done with Congressional Budget Office and the the program to pay for this new enti- ObamaCare, Madam Speaker and my actuary of CMS, Centers for Medicare tlement that most of us know as colleagues, is just simply create a and Medicaid Services, who every year ObamaCare, or the Patient Protection whole new entitlement program. I will they look at the sustainability of the and Unaffordable Care Act. In my opin- make a little analogy and say that if, program. And what they have told us, ion they should have called it that. in the middle of a thunderstorm, you Members of Congress, on both sides of That’s what’s hurting this country have a leaking roof on your house, you the aisle, in both bodies, we know very very badly right now. don’t go out and add another room or a clearly that the best case scenario if There are many things in ObamaCare deck on the back of the house. You get we do nothing is that Medicare will be that a lot of folks are not really aware up on that roof and you stop the leak- insolvent. We’re talking now about the of. They don’t fully appreciate what is ing. Hospital Trust Fund. It will be insol- there because as Speaker PELOSI said, It’s a matter of priorities, Madam vent by the year 2024. Maybe it’s worse you’re not going to know until you Speaker. It’s a situation that is beyond than that, maybe by the year 2020. read it. She suggested that once you my comprehension that the Demo- For us to ignore that, just using the read it, you might like it. That cer- cratic majority and President Obama expression, Madam Speaker, whistling tainly has not turned out to be the would spend all that time and effort past the graveyard, pretending some- truth. trying to add a new room, put a deck thing doesn’t exist that’s as obvious as Madam Speaker, I want to take an on the back of the house when the roof the nose on your face, kicking the can opportunity to go through a few slides. was badly leaking. And the analogy is, down the road thinking, well, gee, you Here are some of the promises that of course, that roof is the Medicare know, all I really care about is getting were made as the ObamaCare law was program. reelected and let somebody else deal developed. There’s so many things that we need with the problems, unconscionable on ‘‘ObamaCare will reduce the deficit,’’ to do and we need to have the courage our part. Senator TOM HARKIN of Iowa says of to do. I am very proud of my party, the And to suggest that this new pro- the Affordable Care Act, ‘‘This historic current majority in this House of Rep- gram to cover those in the country, I legislation will reduce the deficit by resentatives, when we passed our budg- don’t know how many, 20 million peo- $143 billion over the next 10 years.’’ et for fiscal year 2012, sometimes re- ple maybe, that are not poor enough The next bullet point, colleagues, I ferred to as the Ryan budget. PAUL for the Medicaid program and not old know you can’t see the small writing RYAN, Madam Speaker, as you know, is enough or disabled enough for the so I will read it to you: ObamaCare will our colleague that is the chairman of Medicare program, let’s create yet an- create jobs and improve the United the Budget Committee. But it is a Re- other entitlement program. If money States economy. The White House publican budget, and it has the courage grew on trees, that might not be a bad claims that ObamaCare, and this is of conviction, the commitment to our philosophy, but it doesn’t. It doesn’t. If also a quote from Tim Geithner, the senior citizens to say to them, We are it did, we wouldn’t be in debt $14.9 tril- Treasury Secretary, ‘‘helps businesses going to fix the Medicare program and lion, soon to be $15.5 trillion. We just and the overall economy by elimi- we’re going to guarantee that it will be can’t do everything, and we have to set nating hidden costs that currently con- there for your children and your grand- our priorities and focus on what is the tribute to higher health care premiums children and your great-grandchildren, right thing, what is the most impor- charged to businesses and the govern- and that the benefit program that you tant thing. ment.’’ Tim Geithner, Secretary of the

VerDate Mar 15 2010 03:58 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.128 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6339 Treasury, said that in a White House to the United States Census Bureau, and 30 percent of that is borrowed— blog on January 19 of this year. the 2010 census shows that employer- that’s how you get to a debt of $15 tril- Another quote from the President provided insurance fell by 1.5 million lion. If you borrow $1 trillion here and himself: The Patient Protection and to 55.3 percent from 56.1 percent in 2009. $1 trillion there for 3 or 4 years in a Affordable Care Act ‘‘will save a typ- And it is continuing to fall. It would row and if you create a new entitle- ical family up to $2,500 on premiums not surprise me if within the next 6 to ment program that costs another $2.7 yearly.’’ President Obama said that, of 8 years, Madam Speaker, that a hun- trillion, you can get to $15 trillion course, back in 2009. He also said, ‘‘If dred million workers in this country worth of debt pretty darned quickly. you like your health plan, you can will lose their employer-provided So, to this bipartisan commission keep your health plan.’’ health insurance because the mandates which has been set up to recommend During the health reform debate, of ObamaCare make it impossible to additional cuts so that the President President Obama promised Americans meet this requirement. can have his request granted to in- that there is nothing in the new law It’s not just a matter of being forced crease the debt ceiling another $1.5 that would force Americans to change to provide the health care for their em- trillion so that he gets through the plans or their doctor. Colleagues, do ployees; it is the type of health insur- next election and so that this issue you remember that? Sure you do. Of ance coverage dictated by the Federal doesn’t have to be addressed again, and course you do. Government. That’s why, my col- as this bipartisan, bicameral commis- Then the last bullet point on this leagues, 60 percent of this country re- sion of 12 Members debates where to slide, Madam Speaker: ObamaCare will mains totally opposed to this. find the offsetting cuts of $1.5 trillion, not ration health care. Finally on this poster, ObamaCare Madam Speaker, I would say, Hey, men Now, this is in reference to the provi- will ration health care. Don Berwick is and women. You’re all very bright. You sion that was added in the Senate cre- were selected by your respective par- the new director of the Centers for ating something called the acronym ties and your respective leadership be- Medicare and Medicaid Services, CMS. IPAB, Independent Payment Advisory cause of the respect all the Members He had to be appointed by the Presi- Board, kind of like MedPAC is an advi- have for you and for your work and ex- dent during a recess because he could sory board under current Medicare. perience in regard to dealing with not pass advise and consent and ap- But this creates this new board, and these things. Secretary Sebelius said this on June 23, proval by the United States Senate. You’ve got the chairman of the Ways just a couple months ago, ‘‘IPAB is ex- b 1920 and Means Committee, the chairman of pressly prohibited from making rec- They didn’t have the votes. They the Energy and Commerce Committee, ommendations that ration care, raise didn’t have all the Democratic votes, I one of the more senior members of the premiums, reduce benefits, or change feel quite confident. Financial Services Committee—and eligibility for Medicare.’’ That’s a So the President used a little trick of I’m referring to the Republicans on the quote from Secretary of Health and the trade and put him in this position committee. You have the ranking Human Services Kathleen Sebelius. during a congressional recess. This is a member of the Budget Committee on Here, Madam Speaker, are the reali- gentleman who was quoted and who the Democratic side, and you have one ties. Those were the promises. Here are wrote about and talked about other na- of the highest leadership Members the realities. tional health insurance programs. In from South Carolina. You have good Colleagues, please pay attention to Democrats and good Republicans in this next poster because this is so im- regard to rationing, here is what the Director of Medicare said, ‘‘The deci- this body and in the other body. portant. I know they’re struggling. I know sion is not whether or not we will ra- ObamaCare will not reduce the def- they’re struggling. I know the Presi- tion care. The decision is whether we icit. According to a report by the dent just sent them a document, a 29- will ration with our eyes open.’’ Don House Budget Committee, there will be page document, asking for another $2 Berwick in Biotechnology Health Care, a $700 billion increase in the deficit in trillion worth of cuts. Hey, repeal June 2009. the first 10 years of ObamaCare. ObamaCare, and you’ll get $2.7 trillion Madam Speaker, as we talk about The second bullet point: ObamaCare of reduction in the debt. It is so simple, these two programs—Medicare on the will not create jobs nor will it improve and it’s what the American people our economy. According to testimony one hand, ObamaCare on the other—I want. It’s what the American people by the Director of the Congressional just think it’s so important for us to want. Budget Office, the American labor understand what kind of costs we’re Majority Leader REID, pass the force will be reduced by 800,000 jobs due talking about. This new entitlement House-passed budget for fiscal year to ObamaCare provisions that will ef- program, it’s not paid for. They tried 2012. I know the Senate hasn’t passed a fectively increase marginal tax rates, to say that it was paid for, and raised budget in 900 days—I understand that— which will also discourage work. That $1 trillion by slashing and burning but just don’t keep down that path. It’s was the testimony of Doug Elmendorf, Medicare of $550 billion and by raising like trying to tax your way out of debt. the Director of the Congressional taxes for the other $500 billion, and The President seems to think that Budget Office. He was put in that posi- said in the final analysis that this is that’s the way to create jobs. You just tion by Speaker PELOSI. And that was paid for and that it saves money. Noth- tax the so-called ‘‘rich,’’ who actually at a House Budget Committee hearing ing could be further from the truth. are people who have an adjusted gross in February of this year, some 6 This program is not paid for. It does income of $200,000 a year. These are the months after the passage of not save money, and it is probably job creators. These are the small busi- ObamaCare. costing we the taxpayers $2.7 trillion. ness men and women who, by the way, The third bullet: ObamaCare will not How can we afford to do that, to add pay their taxes as individuals. lower health care costs for families by that new room or to build that new Colleagues, you know that, and you $2,500 a year. The President was wrong deck when there are obligations that know that this is a lot about politics about that. Due to ObamaCare, fami- we have made to our seniors and our and that it’s a lot about the next elec- lies buying insurance on their own can obligations that we have made—our tion; but we just need to take a deep expect a $2,100 increase in premiums. promises, our commitment—to those breath and think about what the peo- And that’s from a letter from CBO to who, through no fault of their own, are ple back home are telling us. Think former Senator Evan Bayh, a Democrat unemployed, who have little income or about the struggles that they’re going from Indiana, and that was in Novem- maybe no income? That hand up, of through, those 15 million without ber of 2009, some 5 months after pas- course, is the Medicaid program. It is jobs—and 45 percent of them have been sage of ObamaCare. I’m sorry. That just patently unconscionable for we as without jobs for more than 6 months. was actually 6 months before. This is Members of this great Congress to ig- When you add the underemployed or when the bill was being developed and nore that. the people who have just given up, debated in the Senate. As our supercommittee now is debat- you’re probably talking about not 14, If you like your health plan, you can- ing what needs to be cut in our overall 15 million; you’re probably talking not keep your health plan. According spending of $3.7 trillion every year— about 25 million people.

VerDate Mar 15 2010 03:58 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.129 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6340 CONGRESSIONAL RECORD — HOUSE September 21, 2011 I see it. I see it, colleagues, in town Again, Madam Speaker, I am not The motion was agreed to; accord- hall meetings, and I know you do, too— going to take all of the designated hour ingly (at 7 o’clock and 59 minutes both Republicans and Democrats. Peo- this evening, but I am proud to have p.m.), under its previous order, the ple ask questions. They shake their fin- had the opportunity tonight to talk House adjourned until tomorrow, gers at you. They’re just not going to about these issues, yes, on behalf of the Thursday, September 22, 2011, at 10 take some little smoke and mirrors an- GOP House Doctors Caucus, as a mem- a.m. for morning-hour debate. swer to these tough questions. They’re ber, health care providers, nurses, doc- f fed up with that, and I don’t blame tors, dentists, psychologists, people them. That’s why our approval rating that have been there, that walk the EXECUTIVE COMMUNICATIONS, is so poor in the Congress. We as indi- walk in regard to what’s best for our ETC. viduals like to think ‘‘they love me in country and best for our citizens and, Under clause 2 of rule XIV, executive my district.’’ You’d better hope so, but yes, best for our patients, not just sen- communications were taken from the maybe not. Maybe not. Maybe every iors. I talked a lot about Medicare to- Speaker’s table and referred as follows: one of us is at risk of joining the ranks night and this PPACA, ObamaCare, but 3166. A letter from the Program Analyst, of the unemployed. we need to let the marketplace work. Department of Transportation, transmitting If we don’t do the right thing, Madam Mr. President, we don’t want, we the Administration’s final rule — Make Inop- Speaker, we deserve it. We deserve to didn’t want, we never will want a U.K.- erative Exemptions; Vehicle Modifications To Accommodate People With Disabilities, be fired. type system. We don’t want national Head Restraints [Docket No.: NHTSA-2011- I stand here tonight, hopefully not in health insurance. We don’t want bu- 0108] (RIN: 2127-AK22) received August 11, a partisan way. I think my colleagues reaucrats coming between our health 2011; to the Committee on Energy and Com- on the Democratic side of the aisle care providers and their patients. merce. would agree that my rhetoric is not If we don’t repeal ObamaCare, we are 3167. A letter from the Program Analyst, over the top—maybe occasionally. going to destroy medicine as we know Department of Transportation, transmitting Let’s try to be honest with each other it, not just Medicare and Medicaid as the Department’s final rule — New Car As- and work together and get things done we know it, but health care as we know sessment Program (NCAP); Safety Labeling [Docket No.: NHTSA-2010-0025] (RIN: 2127- and realize, when you’ve crammed a it. Colleagues, that’s one-sixth of our AK51) received August 11, 2011, pursuant to 5 law like PPACA, the Patient Protec- economy today, and it will be growing U.S.C. 801(a)(1)(A); to the Committee on En- tion and Affordable Care Act, down the each and every year. ergy and Commerce. throats of the American people when 60 With that, Madam Speaker, I yield 3168. A letter from the Program Analyst, percent or more say they don’t want it, back the balance of my time. Department of Transportation, transmitting the Department’s final rule — Federal Motor your first priority should be to create f jobs and that your second priority and Vehicle Safety Standards; Electric-Powered Vehicles; Electrolyte Spillage and Electrical your third priority should be to create RECESS The SPEAKER pro tempore. Pursu- Shock Protection [Docket No.: NHTSA-2011- jobs and put America back to work and 0107] (RIN: 2127-AK80) received August 11, not spend a year and a half trying to ant to clause 12(a) of rule I, the Chair 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the pass something just because Democrats declares the House in recess subject to Committee on Energy and Commerce. for 75 years have wanted this program the call of the Chair. 3169. A letter from the Program Analyst, of government control over health Accordingly (at 7 o’clock and 35 min- Department of Transportation, transmitting care. I think it was so wrong-headed. utes p.m.), the House stood in recess the Department’s final rule — Federal Motor It’s even worse than the previous year subject to the call of the Chair. Vehicle Safety Standards; Air Brake Sys- tems [Docket No.: NHTSA-2009-0175] (RIN: when we spent the whole year trying to f 2127-AK84) received August 11, 2011, pursuant please Al Gore and pass this scheme of b 1958 to 5 U.S.C. 801(a)(1)(A); to the Committee on cap-and-tax—or cap-and-trade—in re- Energy and Commerce. gard to carbon dioxide. In the process, AFTER RECESS 3170. A letter from the Director, Regula- it would literally have cost every fam- The recess having expired, the House tions and Disclosure Law Division, Depart- ily in this country $1,500 a year in in- was called to order by the Speaker pro ment of the Treasury, transmitting the De- creased utility bills. partment’s final rule — Courtesy Notice of tempore (Ms. FOXX) at 7 o’clock and 58 Liquidation [USCBP-2010-0008] (RIN: 1515- b 1930 minutes p.m. AD67) (formerly RIN: 1505-AC21) received Au- That’s what the Democratic majority f gust 12, 2011, pursuant to 5 U.S.C. did when they took over in January of REPORT ON RESOLUTION WAIVING 801(a)(1)(A); to the Committee on Ways and Means. 2007. For a year and a half, I can re- REQUIREMENT OF CLAUSE 6(a) 3171. A letter from the Chief, Publications member distinctly, Madam Speaker, I OF RULE XIII WITH RESPECT TO and Regulations Branch, Internal Revenue was on the Science Committee and the CONSIDERATION OF CERTAIN Service, transmitting the Service’s final rule very first hearing we had, we had one RESOLUTIONS — United States Income Tax Treaties That witness. That was the new Speaker of Mr. DREIER, from the Committee on Meet the Requirements of Section the House, NANCY PELOSI, promoting 1(h)(11)(C)(i)(II) [Notice 2011-64] received Au- Rules, submitted a privileged report gust 23, 2011, pursuant to 5 U.S.C. cap-and-trade or cap-and-tax. (Rept. No. 112–214) on the resolution (H. And the next hearing we had, we had 801(a)(1)(A); to the Committee on Ways and Res. 409) waiving a requirement of Means. one witness. That was Al Gore, former clause 6(a) of rule XIII with respect to 3172. A letter from the Chief, Publications Vice President, again, pushing for consideration of certain resolutions re- and Regulations Branch, Internal Revenue something that was a job killer, maybe ported from the Committee on Rules, Service, transmitting the Service’s final rule not a job killer for him, maybe not a — 2011 Marginal Production Rates [Notice which was referred to the House Cal- job killer for certain sectors, special 2011-58] received August 30, 2011, pursuant to endar and ordered to be printed. interests in this country, but for John 5 U.S.C. 801(a)(1)(A); to the Committee on Q. Public, Joe the Plumber, an abso- f Ways and Means. 3173. A letter from the Chief, Publications lute killer to jobs and has done nothing LEAVE OF ABSENCE and Regulations Branch, Internal Revenue but increase unemployment despite By unanimous consent, leave of ab- Service, transmitting the Service’s final rule spending $850 billion on a stimulus bill sence was granted to: — 2011 Section 43 Inflation Adjustment [No- that, if it created any jobs, they were Ms. SUTTON (at the request of Ms. tice 2011-57] received August 9, 2011, pursuant government jobs. PELOSI) for today after 2 p.m. on ac- to 5 U.S.C. 801(a)(1)(A); to the Committee on Then, in the default position, the count of attending a funeral in district. Ways and Means. 3174. A letter from the Chief, Publications Democratic majority says, oh, well, Mr. BACA (at the request of Ms. and Regulations Branch, Internal Revenue you know, if it hadn’t been for this bill PELOSI) for today. that we’ve passed, all this spending, a Service, transmitting the Service’s final rule f — Update for Weighted Average Interest lot of jobs would have been lost. Well, ADJOURNMENT Rates, Yield Curves, and Segment Rates [No- that’s easy to say, but how do you tice 2011-67] received August 30, 2011, pursu- count that? How do you verify that? Mr. DREIER. Madam Speaker, I ant to 5 U.S.C. 801(a)(1)(A); to the Committee Trust but verify. move that the House do now adjourn. on Ways and Means.

VerDate Mar 15 2010 03:58 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K21SE7.130 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6341 3175. A letter from the Chief, Publications ryover Basis Treatment under Section 1022 Trust Fund and the Highway Trust Fund, and Regulations Branch, Internal Revenue to the Estates of Decedents who Died in 2010 and for other purposes; to the Committee on Service, transmitting the Service’s final rule and Rules Applicable to Inter Vivos and Tes- Natural Resources, and in addition to the — Creditability of UK Remittance Basis tamentary Generation-Skipping Transfers in Committees on the Judiciary, Ways and Charge (Rev. Rul. 2011-19) received August 30, 2010 [Notice 2011-66] received August 9, 2011, Means, and Transportation and Infrastruc- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture, for a period to be subsequently deter- Committee on Ways and Means. mittee on Ways and Means. mined by the Speaker, in each case for con- 3176. A letter from the Chief, Publications 3186. A letter from the Chief, Publications sideration of such provisions as fall within and Regulations Branch, Internal Revenue and Regulations Branch, Internal Revenue the jurisdiction of the committee concerned. Service, transmitting the Service’s final rule Service, transmitting the Service’s final rule By Mr. MICHAUD (for himself and Ms. — Definition of Solid Waste Disposal Facili- — Use of Actuarial Tables in Valuing Annu- PINGREE of Maine): ties for Tax-Exempt Bond Purposes [TD 9546] ities, Interests for Life or Terms of Years, H.R. 2984. A bill to designate certain Fed- (RIN: 1545-BD04) received August 30, 2011, and Remainder or Reversionary Interests eral lands within the Cross Island National pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [TD 9540] (RIN: 1545-BH67) received August Wildlife Refuge and the Petit Manan Na- mittee on Ways and Means. 11, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to tional Wildlife Refuge, part of the Maine 3177. A letter from the Chief, Publications the Committee on Ways and Means. Coastal Islands National Wildlife Refuge and Regulations Branch, Internal Revenue Complex, in Lincoln County, Hancock Coun- f Service, transmitting the Service’s final rule ty, and Washington County, Maine, as wil- — State and Local Bonds: Volume Cap and REPORTS OF COMMITTEES ON derness; to the Committee on Natural Re- Timing of Issuing Bonds [Notice 2011-63] re- PUBLIC BILLS AND RESOLUTIONS sources. ceived August 30, 2011, pursuant to 5 U.S.C. By Mr. AKIN (for himself and Mr. 801(a)(1)(A); to the Committee on Ways and Under clause 2 of rule XIII, reports of REYES): Means. committees were delivered to the Clerk H.R. 2985. A bill to amend title 38, United 3178. A letter from the Chief, Publications for printing and reference to the proper States Code, to direct the Secretary of Vet- and Regulations Branch, Internal Revenue calendar, as follows: erans Affairs to issue, upon request, veteran Service, transmitting the Service’s final rule Mr. DREIER: Committee on Rules. House identification cards to certain veterans; to — Examination of returns and claims for re- Resolution 409. Resolution waiving a require- the Committee on Veterans’ Affairs. fund, credit or abatement; determination of ment of clause 6(a) of rule XIII with respect By Mr. BACA: correct liability (Rev. Proc. 2011-41) received to consideration of certain resolutions re- H.R. 2986. A bill to expand the Officer Next August 30, 2011, pursuant to 5 U.S.C. ported from the Committee on Rules (Rept. Door and Teacher Next Door initiatives of 801(a)(1)(A); to the Committee on Ways and 112–214). Referred to the House Calendar. the Department of Housing and Urban Devel- Means. opment to include fire fighters and rescue 3179. A letter from the Chief, Publications f personnel, and for other purposes; to the and Regulations Branch, Internal Revenue PUBLIC BILLS AND RESOLUTIONS Committee on Financial Services. Service, transmitting the Service’s final rule By Mr. BERMAN (for himself and Mr. — Applicable Federal Rates — September Under clause 2 of rule XII, public MANZULLO): 2011 (Rev. Rul. 2011-20) received August 23, bills and resolutions of the following H.R. 2987. A bill to amend the Export En- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the titles were introduced and severally re- hancement Act of 1988 to further enhance the Committee on Ways and Means. ferred, as follows: promotion of exports of United States goods 3180. A letter from the Chief, Publications and services, and for other purposes; to the and Regulations Branch, Internal Revenue By Mr. LARSON of Connecticut (by re- Committee on Foreign Affairs. Service, transmitting the Service’s final rule quest): By Mr. BERMAN: — Elections Regarding Start-up Expendi- H.R. 12. A bill to provide tax relief for H.R. 2988. A bill to amend the Export En- tures, Corporation Organizational Expendi- American workers and businesses, to put hancement Act of 1988 to enhance awareness tures, and Partnership Organizational Ex- workers back on the job while rebuilding and of export promotion activities with respect penses [TD 9542] (RIN: 1545-BE77) received modernizing America, and to provide path- to clean energy and environmental products August 23, 2011, pursuant to 5 U.S.C. ways back to work for Americans looking for and services of the United States, and for 801(a)(1)(A); to the Committee on Ways and jobs; to the Committee on Ways and Means, other purposes; to the Committee on Foreign Means. and in addition to the Committees on Small Affairs. 3181. A letter from the Chief, Publications Business, Transportation and Infrastructure, By Mr. BRADY of Texas (for himself, and Regulations Branch, Internal Revenue Education and the Workforce, Energy and Mr. CROWLEY, Mr. TIBERI, and Ms. Service, transmitting the Service’s final rule Commerce, Financial Services, House Ad- BERKLEY): — Annuity and Life Insurance Contracts ministration, the Judiciary, Oversight and H.R. 2989. A bill to amend the Internal Rev- with a Long-Term Care Insurance Feature Government Reform, Rules, and Science, enue Code of 1986 to exempt certain stock of [Notice 2011-68] received August 23, 2011, pur- Space, and Technology, for a period to be real estate investment trusts from the tax suant to 5 U.S.C. 801(a)(1)(A); to the Com- subsequently determined by the Speaker, in on foreign investments in United States real mittee on Ways and Means. each case for consideration of such provi- property interests, and for other purposes; to 3182. A letter from the Chief, Publications sions as fall within the jurisdiction of the the Committee on Ways and Means. and Regulations Branch, Internal Revenue committee concerned. By Mr. KUCINICH (for himself and Mr. Service, transmitting the Service’s final rule By Mr. STARK (for himself, Mr. CONYERS): — Branded Prescription Drug Fee [TD 9544] MORAN, and Ms. ZOE LOFGREN of Cali- H.R. 2990. A bill to create a full employ- (RIN: 1545-BK34) received August 23, 2011, fornia): ment economy as a matter of national eco- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 2981. A bill to amend the Immigration nomic defense; to provide for public invest- mittee on Ways and Means. and Nationality Act to eliminate the 1-year ment in capital infrastructure; to provide for 3183. A letter from the Chief, Publications deadline for application for asylum in the reducing the cost of public investment; to re- and Regulations Branch, Internal Revenue United States; to the Committee on the Ju- tire public debt; to stabilize the Social Secu- Service, transmitting the Service’s final rule diciary. rity retirement system; to restore the au- — Revenue procedure under section 263(a) re- By Mr. CARTER (for himself, Mrs. thority of Congress to create and regulate garding the capitalization or deduction of SCHMIDT, Mrs. MALONEY, Mr. SMITH money, modernize and provide stability for electric utility transmission and distribu- of New Jersey, Mr. DEFAZIO, Ms. the monetary system of the United States; tion costs (Rev. Proc. 2011-43) received Au- NORTON, Ms. SPEIER, Mr. BLU- and for other public purposes; to the Com- gust 23, 2011, pursuant to 5 U.S.C. MENAUER, Mr. GUTIERREZ, Mr. ADER- mittee on Financial Services. 801(a)(1)(A); to the Committee on Ways and HOLT, Ms. RICHARDSON, Mr. LONG, Mr. By Mr. CULBERSON: Means. BILIRAKIS, Mr. MORAN, Mr. POE of H.R. 2991. A bill to disapprove of a certain 3184. A letter from the Chief, Publications Texas, Mr. WOLF, Mr. JACKSON of Illi- sentencing guideline amendment submitted and Regulations Branch, Internal Revenue nois, and Mr. PITTS): by the United States Sentencing Commis- Service, transmitting the Service’s final rule H.R. 2982. A bill to amend the Omnibus sion, and for other purposes; to the Com- — Group Health Plans and Health Insurance Crime Control and Safe Streets Act of 1968 to mittee on the Judiciary. Issuers Relating to Coverage of Preventive include human trafficking as a part 1 violent By Ms. GRANGER (for herself, Mr. Services under the Patient Protection and crime for purposes of the Edward Byrne Me- CONNOLLY of Virginia, Mr. FORBES, Affordable Care Act [TD 9541] (RIN: 1545- morial Justice Assistance Grant Program; to Ms. BERKLEY, Mr. CAMP, Mr. DIAZ- BJ60) received August 9, 2011, pursuant to 5 the Committee on the Judiciary. BALART, Mr. ROHRABACHER, Mr. BUR- U.S.C. 801(a)(1)(A); to the Committee on By Mrs. CAPITO: TON of Indiana, Mr. AUSTIN SCOTT of Ways and Means. H.R. 2983. A bill to amend the Outer Conti- Georgia, Mr. MCCAUL, Mr. CARTER, 3185. A letter from the Chief, Publications nental Shelf Lands Act to require the Sec- and Mr. BERMAN): and Regulations Branch, Internal Revenue retary of the Interior to conduct offshore oil H.R. 2992. A bill to provide Taiwan with Service, transmitting the Service’s final rule and gas leasing, to deposit use revenues from critically needed United States-built — Method for Making Election to Apply Car- such activity into the Inland Waterways multirole fighter aircraft to strengthen its

VerDate Mar 15 2010 03:58 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L21SE7.000 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6342 CONGRESSIONAL RECORD — HOUSE September 21, 2011 self-defense capability against the increasing Committees on Education and the Work- 140. The SPEAKER presented a memorial military threat from China; to the Com- force, Ways and Means, the Judiciary, Nat- of the Senate of the State of Montana, rel- mittee on Foreign Affairs. ural Resources, Rules, House Administra- ative to Senate Resolution No. 28 ques- By Mr. GRAVES of Missouri (for him- tion, Appropriations, Oversight and Govern- tioning the assumptions made and the accu- self, Mrs. EMERSON, Mrs. HARTZLER, ment Reform, and the Budget, for a period to racy of the analysis used in making the deci- and Mr. LUETKEMEYER): be subsequently determined by the Speaker, sion to relocate the F-15C/D mission out of H.R. 2993. A bill to direct the Chief of the in each case for consideration of such provi- Great Falls to Fresno, California; to the Army Corps of Engineers to revise certain sions as fall within the jurisdiction of the Committee on Armed Services. authorized purposes described in the Mis- committee concerned. 141. Also, a memorial of the House of Rep- souri River Mainstem Reservoir System By Mr. MEEKS (for himself, Mr. SHER- resentatives of the State of Oregon, relative Master Water Control Manual; to the Com- MAN, Mr. BERMAN, Ms. HAYWORTH, to House Joint Memorial 10 urging the Con- mittee on Transportation and Infrastruc- and Mr. GRIMM): gress to enact legislation that assists the ture. H.R. 3001. A bill to award a Congressional Federal Deposit Insurance Corporation and By Mr. INSLEE (for himself, Mr. Gold Medal to Raoul Wallenberg, in recogni- the National Credit Union Share Insurance YOUNG of Alaska, and Mr. DEUTCH): tion of his achievements and heroic actions Fund in establishing a voluntary system for H.R. 2994. A bill to promote marine and during the Holocaust; to the Committee on full insurance for public funds accounts; to hydrokinetic renewable energy research and Financial Services. the Committee on Financial Services. 142. Also, a memorial of the House of Rep- development, and for other purposes; to the By Ms. NORTON: resentatives of the State of Oregon, relative Committee on Science, Space, and Tech- H.R. 3002. A bill to make local funds of the to House Joint Memorial 13 supporting the nology, and in addition to the Committee on District of Columbia for fiscal year 2012 filling of the overwhelming need for rein- Energy and Commerce, for a period to be available for use by the District at the begin- vestment in the profession of social work in subsequently determined by the Speaker, in ning of the fiscal year at the rate of oper- the United States; to the Committee on Edu- each case for consideration of such provi- ations provided under the local budget act cation and the Workforce. sions as fall within the jurisdiction of the for such fiscal year if the regular District of 143. Also, a memorial of the House of Rep- committee concerned. Columbia appropriation bill for such fiscal resentatives of the State of Oregon, relative By Mr. KEATING: year does not become law prior to the begin- to House Joint Memorial 12 urging the Con- H.R. 2995. A bill to amend the Internal Rev- ning of such fiscal year; to the Committee on gress and the President to call a White enue Code of 1986 to provide tax incentives Oversight and Government Reform. House Conference on Children and Youth; to for hiring post 9-11 veterans; to the Com- By Ms. SPEIER (for herself, Mrs. the Committee on Education and the Work- mittee on Ways and Means. MALONEY, Mr. GRIJALVA, Mr. PAYNE, force. By Mr. KISSELL (for himself and Mr. Ms. ESHOO, Mr. BACA, Ms. WILSON of 144. Also, a memorial of the Senate of the ROE of Tennessee): Florida, Ms. BROWN of Florida, Ms. State of Montana, relative to Senate Joint H.R. 2996. A bill to amend title 38, United JACKSON LEE of Texas, Ms. LEE, Mr. Resolution No. 10 requesting Congress to States Code, to extend the period of time in HOLT, Mrs. NAPOLITANO, Mr. HINCHEY, consider adopting legislation prohibiting the which the Secretary of Veterans Affairs pre- Mr. KILDEE, Mr. CONNOLLY of Vir- EPA from utilizing existing federal laws to sumes the service-connection of certain dis- ginia, Mr. STARK, Mr. MEEKS, Mr. regulate greenhouse gas emissions; to the abilities of veterans who served in the Per- CARDOZA, Mr. PITTS, Ms. WOOLSEY, Committee on Energy and Commerce. sian Gulf War, Operation Enduring Freedom, Mr. FILNER, Mrs. BIGGERT, Mr. SHER- 145. Also, a memorial of the Senate of the Operation Iraqi Freedom, or Operation New MAN, Ms. NORTON, Mr. YODER, Mrs. State of Montana, relative to Senate Joint Dawn, and for other purposes; to the Com- DAVIS of California, Mr. DOLD, Mr. Resolution No. 12 urging the Department of mittee on Veterans’ Affairs. TOWNS, Mr. MCGOVERN, Ms. MOORE, the Interior to consider the negative impact By Mr. LONG (for himself, Mr. LUETKE- Mr. SCHOCK, and Ms. MATSUI): that oil and gas leasing and permitting poli- MEYER, Mr. AKIN, Mrs. EMERSON, Mrs. H.R. 3003. A bill to award a Congressional cies that may have on Montana’s economy; HARTZLER, Mr. PEARCE, Mr. CARTER, Gold Medal to Dr. Balazs ‘‘Ernie’’ Bodai in to the Committee on Natural Resources. Mr. SMITH of Nebraska, Mr. HUIZENGA recognition of his many outstanding con- 146. Also, a memorial of the Senate of the State of Montana, relative to Senate Joint of Michigan, Mr. SIMPSON, Mr. LUCAS, tributions to the Nation, including a tireless Resolution No. 6 urging the Congress and the Mr. PETERSON, Mr. HARRIS, Mr. commitment to breast cancer research; to President to focus adequate federal resources TERRY, and Mr. THOMPSON of Penn- the Committee on Financial Services. on funding to complete environmental re- sylvania): By Mr. THOMPSON of California: view processes for federal land use decisions H.R. 2997. A bill to amend the Comprehen- H.R. 3004. A bill to designate the facility of with improved timelines; to the Committee sive Environmental Responsive Compensa- the United States Postal Service located at tion and Liability Act of 1980 (‘‘Superfund’’) on Natural Resources. 260 California Drive in Yountville, Cali- 147. Also, a memorial of the House of Rep- to provide that manure is not considered a fornia, as the ‘‘Private First Class Alejandro hazardous substance or pollutant or con- resentatives of the State of Montana, rel- R. Ruiz Post Office Building‘‘; to the Com- ative to House Joint Resolution No. 1 sup- taminant under that Act, and for other pur- mittee on Oversight and Government Re- poses; to the Committee on Energy and Com- porting the transfer of management of the form. grey wolf to the state of Montana; to the merce, and in addition to the Committee on By Mr. TONKO: Transportation and Infrastructure, for a pe- Committee on Natural Resources. H.R. 3005. A bill to make supplemental ap- 148. Also, a memorial of the House of Rep- riod to be subsequently determined by the propriations for disaster relief for fiscal year resentatives of the State of Montana, rel- Speaker, in each case for consideration of 2011; to the Committee on Appropriations, ative to House Joint Resolution No. 4 oppos- such provisions as fall within the jurisdic- and in addition to the Committee on the ing the presidential designation of any new tion of the committee concerned. Budget, for a period to be subsequently de- national monument in Montana; to the Com- By Mr. MCCAUL (for himself, Mr. POE termined by the Speaker, in each case for mittee on Natural Resources. of Texas, Mr. GENE GREEN of Texas, consideration of such provisions as fall with- 149. Also, a memorial of the House of Rep- Mr. BILIRAKIS, Mr. KING of New York, in the jurisdiction of the committee con- resentatives of the State of Oregon, relative and Mr. OLSON): cerned. to House Joint Memorial 1 urging the Con- H.R. 2998. A bill to amend title 46, United By Mr. WELCH (for himself and Ms. gress to pass legislation to ease the visa ap- States Code, to prohibit the delegation by DELAURO): plication process for Chinese visitors; to the the United States of inspection, certifi- H.R. 3006. A bill to amend the Commodity Committee on the Judiciary. cation, and related services to a foreign clas- Exchange Act to prevent excessive specula- 150. Also, a memorial of the House of Rep- sification society that provides comparable tion in commodity markets and excessive resentatives of the State of Louisiana, rel- services to Iran, North Korea, North Sudan, speculative position limits on energy con- ative to House Concurrent Resolution No. 11 or Syria and for other purposes; to the Com- tracts, and for other purposes; to the Com- memorializing the Congress to restore fund- mittee on Transportation and Infrastruc- mittee on Agriculture. ing for the Regional Counterdrug Training ture. By Mr. YARMUTH: Academy located in Meridian, Mississippi; to By Mr. MCDERMOTT: H.R. 3007. A bill to direct the Adminis- the Committee on the Judiciary. H.R. 2999. A bill to extend Federal recogni- trator of the Small Business Administration 151. Also, a memorial of the House of Rep- tion to the Duwamish Tribe, and for other to establish and carry out a direct lending resentatives of the State of Oregon, relative purposes; to the Committee on Natural Re- program for small business concerns, and for to House Joint Memorial 6 urging the Con- sources. other purposes; to the Committee on Small gress to require the Veterans Health Admin- By Mr. PRICE of Georgia (for himself, Business. istration to pay the transportation costs Mr. BURTON of Indiana, Mr. WILSON of when a veteran who sought emergency care South Carolina, Mr. SESSIONS, and f at a facility not operated by the VHA is Mr. FLEMING): MEMORIALS transported to a VHA facility; to the Com- H.R. 3000. A bill to provide for incentives mittee on Veterans’ Affairs. to encourage health insurance coverage, and Under clause 4 of rule XXII, memo- 152. Also, a memorial of the House of Rep- for other purposes; to the Committee on En- rials were presented and referred as fol- resentatives of the State of Louisiana, rel- ergy and Commerce, and in addition to the lows: ative to House Concurrent Resolution No. 170

VerDate Mar 15 2010 03:58 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L21SE7.100 H21SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 21, 2011 CONGRESSIONAL RECORD — HOUSE H6343 memorializing the Congress to take such ac- This bill is enacted pursuant to the power The constitutional authority on which this tions as are necessary to ensure that no re- granted to Congress under Article I, Section bill rests is the power of Congress to make ductions are made to benefits for Social Se- 8, Clause 1 of the United States Constitution rules for the government and regulation of curity recipients; to the Committee on Ways (relating to the power to make all laws nec- the land and naval forces, as enumerated in and Means. essary and proper for carrying out the pow- Article I, Section 8, Clause 14 of the United 153. Also, a memorial of the House of Rep- ers vested in Congress) and Article IV, Sec- States Constitution. resentatives of the State of Oregon, relative tion 3, Clause 2 of the United States Con- By Mr. KISSELL: to House Joint Memorial 25 urging the Con- stitution (relating to the power of Congress H.R. 2996. gress to pass legislation that will reauthor- to dispose of and make all needful rules and Congress has the power to enact this legis- ize and extend the Secure Rural Schools and regulations respecting the territory or other lation pursuant to the following: Community Self-Determination Act of 2000; property belonging to the United States). Article I, Section 8, Clause 14 jointly to the Committees on Agriculture By Mr. AKIN: To make Rules for the Government and and Natural Resources. H.R. 2985. Regulation of the land and naval Forces. 154. Also, a memorial of the General As- Congress has the power to enact this legis- By Mr. LONG: sembly of the State of California, relative to lation pursuant to the following: H.R. 2997. Assembly Joint Resolution No. 10 supporting Article I, section 8 of the Constitution of Congress has the power to enact this legis- school-based health center program; jointly the United States. lation pursuant to the following: to the Committees on Energy and Commerce By Mr. BACA: Article I, Section I and Education and the Workforce. H.R. 2986. Article I, Section 8, Clause 9. 155. Also, a memorial of the House of Rep- Congress has the power to enact this legis- By Mr. MCCAUL: resentatives of the State of Oregon, relative lation pursuant to the following: H.R. 2998. to House Joint Memorial 20 urging the Con- Article I, Section 8, Clause 3. Congress has the power to enact this legis- gress to enact legislation that requires the By Mr. BERMAN: lation pursuant to the following: Federal Aviation Administration to develop H.R. 2987. This legislation is authorized by the an expedited approval process for application Congress has the power to enact this legis- United States Constitution under Article I, for aerial testing in rural counties; jointly to lation pursuant to the following: Section 8, Congress shall have the power To the Committees on Transportation and In- Article I, Section 8, Clause 3 . . . provide for the common Defense and frastructure and Science, Space, and Tech- By Mr. BERMAN: general Welfare of the United States and To nology. H.R. 2988. make all Laws which shall be necessary and 156. Also, a memorial of the General As- Congress has the power to enact this legis- proper for carrying into Execution the for- sembly of the State of California, relative to lation pursuant to the following: going Powers. Article I, Section 8, Clause 3 Assembly Joint Resolution No. 12 requesting By Mr. MCDERMOTT: that the Congress and the President enact By Mr. BRADY of Texas: H.R. 2999. H.R. 2989. the federal Strengthening Medicare and Re- Congress has the power to enact this legis- Congress has the power to enact this legis- paying Taxpayers Act of 2011; jointly to the lation pursuant to the following: lation pursuant to the following: Committees on Ways and Means and Energy Article I Section 8 (To regulate Commerce Article I, Section 8, Clause 1 with foreign Nations, and among the several and Commerce. The Congress shall have Power to lay and States, and with the Indian Tribes) f collect Taxes, Duties, Imposts and Excises, By Mr. PRICE of Georgia: to pay the Debts and provide for the common CONSTITUTIONAL AUTHORITY H.R. 3000. Defence and general Welfare of the United Congress has the power to enact this legis- STATEMENT States; but all Duties, Imposts and Excises lation pursuant to the following: Pursuant to clause 7 of rule XII of shall be uniform throughout the United Consistent with the original understanding the Rules of the House of Representa- States. of the commerce clause, the authority to tives, the following statements are sub- By Mr. KUCINICH: enact this legislation is found in Clause 3 of H.R. 2990. mitted regarding the specific powers Section 8, Article I of the Constitution. Congress has the power to enact this legis- The bill repeals the Patient Protection and granted to Congress in the Constitu- lation pursuant to the following: Affordable Care Act, which exceeds the au- tion to enact the accompanying bill or The constitutional authority on which this thority vested in Congress by the Constitu- joint resolution. bill rests is Article I, Section 8, which enu- tion. merates the power of Congress to coin By Mr. LARSON of Connecticut: Finally, the bill removes government in- money, regulate the value thereof, and of H.R. 12. trusion into the doctor-patient relationship, Congress has the power to enact this legis- foreign coin, and fix the standard of weights which is protected by the Ninth and Tenth lation pursuant to the following: and measures. The bill will re-assert the sole Amendments to the Constitution. The Commerce clause and provisions to grant of constitutional authority to Con- By Mr. MEEKS: provide for the general welfare. gress to create money. H.R. 3001. By Mr. STARK: By Mr. CULBERSON: Congress has the power to enact this legis- H.R. 2981. H.R. 2991. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 8 lation pursuant to the following: lation pursuant to the following: Clause 4, Section 8 of Article I of the Con- Article I, Section 8, Clause 14 of the U.S. By Ms. NORTON: stitution Constitution of the United States. H.R. 3002. Congress has the power to enact this legis- By Mr. CARTER: By Ms. GRANGER: H.R. 2982. H.R. 2992. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Clause 17 of section 8 of article I of the lation pursuant to the following: lation pursuant to the following: Constitution. Article I, Section 8, Clause 18 Article 1, Section 8 of the United States By Ms. SPEIER: The Congress shall have Power *** To Constitution. H.R. 3003. make all Laws which shall be necessary and By Mr. GRAVES of Missouri: Congress has the power to enact this legis- proper for carrying into Execution the fore- H.R. 2993. lation pursuant to the following: going Powers, and all other Powers vested by Congress has the power to enact this legis- Article 1, Section 8 clause l (relating to the the Constitution in the Government of the lation pursuant to the following: general welfare of the United States) and United States, or in any Department or Offi- Pursuant to Article 1, Section 8, Clause 3 clause 5 (relating to the coinage of money). cer thereof. of the United States Constitution, Congress By Mr. THOMPSON of California: By Mrs. CAPITO: shall have the power to Regulate Commerce H.R. 3004. H.R. 2983. with foreign Nations, and among the several Congress has the power to enact this legis- Congress has the power to enact this legis- States, and with the Indian Tribes. lation pursuant to the following: lation pursuant to the following: Graves 050 seeks to remove an impediment This bill is enacted pursuant to the power Spending Clause: Article 1, Section 8, to commerce, among other things. granted to Congress under Article 1, Section Clause 1. By Mr. INSLEE: 8, Clause 7 of the United States Constitution. Interstate Commerce Clause: Article 1, H.R. 2994. By Mr. TONKO: Section 8, Clause 3. Congress has the power to enact this legis- H.R. 3005. Power Respecting Property Belonging to lation pursuant to the following: Congress has the power to enact this legis- the United States: Article IV, Section 3, The U.S. Constitution, Article I, Section 8, lation pursuant to the following: Clause 2. the General Welfare Clause. Article I, Section 8, Clause 1 By Mr. MICHAUD: By Mr. KEATING: The Congress shall have Power to lay and H.R. 2984. H.R. 2995. collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- Congress has the power to enact this legis- to pay the Debts and provide for the common lation pursuant to the following: lation pursuant to the following: Defence and general Welfare of the United

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States; but all Duties, Imposts and Excises H.R. 1821: Mr. CICILLINE, Mr. LOEBSACK, and H.R. 2513: Mr. LOEBSACK. shall be uniform throughout the United Mr. PRICE of North Carolina. H.R. 2514: Mr. FLAKE, Mr. BRADY of Texas, States. H.R. 1826: Mr. NUGENT. and Mr. FRANKS of Arizona. By Mr. WELCH: H.R. 1834: Mr. GUINTA, Mr. PIERLUISI, Mr. H.R. 2530: Mr. REICHERT and Mr. RIBBLE. H.R. 3006. YOUNG of Indiana, Mr. MULVANEY, Mr. H.R. 2541: Mrs. CAPITO and Mr. MULVANEY. Congress has the power to enact this legis- GRAVES of Georgia, Ms. BUERKLE, Mr. CON- H.R. 2559: Mr. GARAMENDI. lation pursuant to the following: AWAY, Mr. HUELSKAMP, Mr. FLEMING, Mr. H.R. 2671: Mr. TIBERI. Article I, Section 8, Clause 3 GINGREY of Georgia, Mrs. LUMMIS, Mr. H.R. 2674: Mr. CULBERSON. The Congress shall have Power to regulate PENCE, and Mr. BURTON of Indiana. H.R. 2681: Mr. GUTHRIE. Commerce with foreign Nations, and among H.R. 1847: Mrs. MCMORRIS RODGERS. H.R. 2689: Ms. SCHAKOWSKY. the several States, and with the Indian H.R. 1848: Mr. FLEISCHMANN and Mr. H.R. 2695: Mr. FORTENBERRY. Tribes. NUGENT. H.R. 2696: Mr. FORTENBERRY. By Mr. YARMUTH: H.R. 1862: Mr. FARR. H.R. 2731: Mr. TIBERI. H.R. 3007. H.R. 1876: Mr. CAPUANO. H.R. 2750: Mr. LIPINSKI. Congress has the power to enact this legis- H.R. 1881: Mr. PRICE of North Carolina. H.R. 2752: Mr. GOSAR. lation pursuant to the following: H.R. 1905: Mr. GUINTA, Mrs. NOEM, Mr. H.R. 2757: Ms. SCHAKOWSKY, Mr. OLVER, Mr. Section 8 of Article 1 of the Constitution. LOEBSACK, Mr. RUPPERSBERGER, Mr. MCCAUL, SERRANO, and Mr. STARK. Mr. CONAWAY, Mr. WESTMORELAND, Mr. H.R. 2763: Mr. STARK, Mr. POLIS, and Mr. f TERRY, Mr. DOYLE, Mr. SESSIONS, Mr. POSEY, ELLISON. H.R. 2766: Mr. CALVERT. ADDITIONAL SPONSORS Mrs. HARTZLER, Mr. BERG, Mr. REHBERG, Mr. DESJARLAIS, Mr. ADERHOLT, Mr. HOLT, and H.R. 2772: Mr. SOUTHERLAND. Under clause 7 of rule XII, sponsors Mr. HONDA. H.R. 2786: Mr. GENE GREEN of Texas, Ms. were added to public bills and resolu- H.R. 1909: Mr. CHABOT and Mr. JOHNSON of BERKLEY, Ms. SCHAKOWSKY, Mr. FITZPATRICK, tions as follows: Georgia. Mr. BRADY of Pennsylvania, Mr. DEUTCH, Mr. H.R. 1912: Ms. CHU. HASTINGS of Florida, Mr. RANGEL, and Mr. H.R. 23: Mr. PAUL and Mr. MCINTYRE. H.R. 1951: Mr. LOEBSACK. POLIS. H.R. 25: Mr. HENSARLING. H.R. 1965: Mr. HARRIS, Mrs. MALONEY, and H.R. 2815: Mr. ROSKAM and Mrs. MCMORRIS H.R. 49: Mr. HENSARLING. Mr. JOHNSON of Illinois. RODGERS. H.R. 104: Mr. SMITH of Nebraska. H.R. 1980: Mr. NUGENT. H.R. 2823: Ms. CHU. H.R. 157: Mrs. BLACKBURN. H.R. 1983: Mr. FARR, Mr. HONDA, Mr. H.R. 2827: Mr. STIVERS. H.R. 303: Ms. EDWARDS. COHEN, and Mr. FILNER. H.R. 2829: Mr. COBLE, Mr. CONAWAY, Mr. H.R. 306: Mr. PALLONE. H.R. 2000: Mrs. EMERSON. CRAWFORD, Mr. DUNCAN of South Carolina, H.R. 396: Mr. DOGGETT, Mr. HINCHEY, and H.R. 2032: Mr. POE of Texas, Ms. SPEIER, Ms. JENKINS, Mr. MARCHANT, Mr. NUGENT, Mr. CONNOLLY of Virginia. Mr. FLEMING, and Mr. OLSON. Mr. TURNER of New York, and Mr. WOMACK. H.R. 420: Mr. HUELSKAMP and Mr. GOSAR. H.R. 2059: Mr. CALVERT, Mr. BURTON of In- H.R. 2830: Mr. CARTER, Mr. LEWIS of Geor- H.R. 482: Mr. DUNCAN of Tennessee. diana, Mrs. HARTZLER, Mr. THOMPSON of gia, Ms. RICHARDSON, Mr. RANGEL, Mr. ROS- H.R. 593: Mr. GUTHRIE. Pennsylvania, Mr. FINCHER, Mr. MARCHANT, KAM, Mr. RUSH, and Mr. MCGOVERN. H.R. 615: Mr. SCHILLING. Mrs. SCHMIDT, and Mr. JORDAN. H.R. 2833: Mr. SENSENBRENNER, Mr. H.R. 632: Mr. WOODALL. H.R. 2088: Mr. KIND and Mr. GEORGE MIL- CANSECO, Mr. FLAKE, and Mr. POMPEO. H.R. 650: Mr. BISHOP of New York. LER of California. H.R. 2848: Mr. JONES and Mrs. HARTZLER. H.R. 674: Mr. AUSTIN SCOTT of Georgia, Mr. H.R. 2097: Ms. BERKLEY. H.R. 2855: Mr. HASTINGS of Florida. ALEXANDER, Mr. NEUGEBAUER, Mrs. H.R. 2106: Mr. MARCHANT. H.R. 2859: Mr. SERRANO and Mr. BRALEY of HARTZLER, and Mr. MCCAUL. H.R. 2140: Mr. WESTMORELAND. Iowa. H.R. 702: Mr. NUGENT. H.R. 2233: Mr. DAVID SCOTT of Georgia. H.R. 2864: Mr. WALSH of Illinois, Mr. GOH- H.R. 719: Mr. COBLE and Mr. LUETKEMEYER. H.R. 2247: Mr. BERMAN and Mr. REYES. MERT, Mr. MCGOVERN, Mr. COBLE, Mr. TONKO, H.R. 750: Mr. BRADY of Texas, Mr. CANSECO, H.R. 2250: Mr. THOMPSON of Pennsylvania. Mr. KING of New York, Mrs. LOWEY, Mrs. and Mrs. BLACKBURN. H.R. 2299: Mrs. NOEM, Mrs. EMERSON, Mr. HARTZLER, Mr. OLVER, Mr. HOLT, Mr. JONES, H.R. 795: Mr. LOEBSACK. KLINE, and Mr. ROYCE. Mr. FORTENBERRY, Mr. BOREN, Mr. NUNES, H.R. 812: Mr. MCINTYRE, Mr. DOGGETT, Mr. H.R. 2306: Mr. FARR and Mr. CAPUANO. Mr. FILNER, Mr. CRAVAACK, Mr. SIMPSON, Ms. BOREN, Mrs. EMERSON, and Mr. DOYLE. H.R. 2337: Mr. SHERMAN, Mr. BARROW, and BERKLEY, Mr. ROGERS of Michigan, Ms. MAT- H.R. 831: Mr. HANNA. Mr. SABLAN. SUI, Mr. RANGEL, and Mr. LOEBSACK. H.R. 886: Mr. HUIZENGA of Michigan, Mr. H.R. 2369: Mr. ACKERMAN, Mr. AKIN, Mr. H.R. 2897: Mr. COFFMAN of Colorado, Mr. WELCH, Mr. SESSIONS, and Mr. RENACCI. BERMAN, Mrs. CAPITO, Mr. CARTER, Mr. CAS- POSEY, Mr. HURT, and Mr. BOSWELL. H.R. 923: Mr. RIVERA and Mr. DOGGETT. SIDY, Ms. CHU, Mr. COSTA, Mr. CRAWFORD, H.R. 2898: Ms. JENKINS, Mr. HUIZENGA of H.R. 997: Mr. MEEHAN. Ms. DELAURO, Mr. DEUTCH, Mr. DUNCAN of Michigan, Mrs. LUMMIS, Mr. GIBBS, Mr. H.R. 998: Ms. HOCHUL. Tennessee, Ms. HAHN, Mr. HIGGINS, Mr. PENCE, Mr. PITTS, Mrs. SCHMIDT, Mr. SAM H.R. 1063: Mr. DIAZ-BALART. HIMES, Mr. MCGOVERN, Mr. MILLER of North JOHNSON of Texas, Mr. FLORES, Mr. H.R. 1164: Mr. JOHNSON of Ohio. Carolina, Mr. NADLER, Mr. NEAL, Mr. RAN- MULVANEY, Mr. BURTON of Indiana, Mr. H.R. 1167: Mr. BRADY of Texas. GEL, Mr. RUPPERSBERGER, Mr. SHIMKUS, Mr. GRAVES of Georgia, Mr. HUELSKAMP, Mr. H.R. 1172: Mr. HINCHEY. TOWNS, Ms. TSONGAS, Mr. WELCH, Mr. DIAZ- WALSH of Illinois, Mr. FLEMING, Mr. AUSTIN H.R. 1182: Mr. GOWDY, Mr. BUCSHON, and BALART, Mr. DOLD, Mr. FILNER, Mr. HERGER, SCOTT of Georgia, Mr. KELLY, Mr. JORDAN, Mr. GUINTA. Mr. KING of Iowa, Mr. LARSEN of Washington, Mr. FORBES, Mrs. BLACK, Mr. DESJARLAIS, H.R. 1259: Mr. FLAKE, Mr. FRANKS of Ari- Mr. MCCOTTER, Mr. MCHENRY, Mr. OLSON, Mr. LABRADOR, Mr. LANDRY, Mr. DUNCAN of zona, Mrs. LUMMIS, and Mr. PEARCE. Mr. PEARCE, Mr. RIVERA, Ms. ROS-LEHTINEN, South Carolina, Mr. SOUTHERLAND, Mr. H.R. 1267: Mr. LARSEN of Washington. Mr. SMITH of Nebraska, and Mr. WALDEN. HULTGREN, Mr. GUINTA, Mrs. NOEM, and Mr. H.R. 1340: Mr. KLINE and Mr. GRIFFIN of Ar- H.R. 2381: Mr. HOLDEN. STUTZMAN. kansas. H.R. 2425: Mr. GRIJALVA. H.R. 2926: Mr. FLORES, Mr. SAM JOHNSON of H.R. 1366: Mr. DOYLE. H.R. 2429: Mr. HUELSKAMP. Texas, Mrs. SCHMIDT, Mr. PITTS, Mr. GIBBS, H.R. 1381: Mr. DOYLE. H.R. 2433: Mr. STEARNS. Mr. RIBBLE, and Mr. FLEISCHMANN. H.R. 1418: Mr. MCCLINTOCK, Mr. BLU- H.R. 2447: Mr. LANGEVIN, Mrs. NAPOLITANO, H.R. 2938: Mr. KILDEE. MENAUER, Mr. HINCHEY, Mr. ROHRABACHER, Mr. YOUNG of Indiana, Mr. PRICE of North H.R. 2941: Mr. GRIMM. Ms. CASTOR of Florida, Ms. CHU, and Ms. Carolina, Mr. ISRAEL, Ms. LORETTA SANCHEZ H.R. 2966: Mr. MARKEY and Mr. MCGOVERN. SUTTON. of California, Mr. SERRANO, Mrs. BLACK, and H.R. 2973: Mr. CHAFFETZ. H.R. 1509: Mr. SMITH of Nebraska. Mr. NUGENT. H.J. Res. 47: Ms. CASTOR of Florida. H.R. 1550: Ms. KAPTUR. H.R. 2457: Mr. STIVERS. H.J. Res. 73: Mr. WALBERG, Mr. BURTON of H.R. 1558: Mr. BILBRAY, Mr. AUSTRIA, Mr. H.R. 2459: Mr. WOMACK. Indiana, Mr. SESSIONS, Mr. PITTS, Mr. PENCE, BENISHEK, and Mr. THOMPSON of Pennsyl- H.R. 2471: Mr. MEEKS. Mr. GINGREY of Georgia, Mr. BUCSHON, Mr. vania. H.R. 2502: Mr. HOLT. ROKITA, and Mr. DUNCAN of South Carolina. H.R. 1585: Mr. WOODALL. H.R. 2508: Mr. COHEN, Mrs. MALONEY, Ms. H.J. Res. 78: Mr. COHEN, Mr. CICILLINE, Ms. H.R. 1639: Mr. ROKITA, Ms. FOXX, and Mr. SPEIER, Mr. CROWLEY, Mr. CAPUANO, Ms. LEE, Mr. RYAN of Ohio, Mr. OLVER, Ms. PIN- JACKSON of Illinois. HIRONO, Mr. TOWNS, Mr. FARR, Mr. BISHOP of GREE of Maine, Mr. JACKSON of Illinois, Ms. H.R. 1653: Mr. LANCE and Mrs. CAPITO. New York, Mr. SMITH of Washington, Mr. NORTON, Mr. GRIJALVA, and Ms. SLAUGHTER. H.R. 1681: Mr. DOYLE. MEEKS, Ms. VELA´ ZQUEZ, Ms. WATERS, Mr. H. Con. Res. 77: Mr. HARRIS, Mr. SMITH of H.R. 1697: Mr. CANSECO and Mr. BARROW. RANGEL, Mr. PAYNE, Mr. FRANK of Massachu- Texas, and Mr. ROSS of Florida. H.R. 1738: Mr. WITTMAN, Ms. SCHAKOWSKY, setts, Mr. BERMAN, Ms. WOOLSEY, Mr. HIMES, H. Res. 60: Mr. MCINTYRE. and Mr. KIND. Ms. EDWARDS, Mr. HINCHEY, Mr. FILNER, Ms. H. Res. 111: Mr. MICHAUD. H.R. 1754: Mr. MCNERNEY. LORETTA SANCHEZ of California, Mr. LARSEN H. Res. 295: Mrs. LOWEY. H.R. 1755: Mr. SULLIVAN. of Washington, and Mr. QUIGLEY. H. Res. 306: Mr. GARRETT.

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Vol. 157 WASHINGTON, WEDNESDAY, SEPTEMBER 21, 2011 No. 141 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. each. The majority will control the called to order by the Honorable GILLIBRAND, a Senator from the State of New first half and the Republicans will con- KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. trol the second half. the State of New York. DANIEL K. INOUYE, The Senator from Illinois. President pro tempore. f PRAYER Mrs. GILLIBRAND thereupon as- sumed the chair as Acting President THE ECONOMY The Chaplain, Dr. Barry C. Black, of- pro tempore. fered the following prayer: Mr. DURBIN. Madam President, this Let us pray. f morning we learned that the Repub- lican leaders of the House of Represent- Eternal Lord God, whose mercies RECOGNITION OF THE ACTING atives and the Senate have done some- never fail, we come into Your presence MAJORITY LEADER with thanksgiving and praise. We are thing which may be unprecedented. We The ACTING PRESIDENT pro tem- thankful that Your mercy is ever- are searching for some example in the pore. The acting majority leader is rec- lasting and Your truth endures to all past when this has occurred, but we ognized. generations. We praise You that we are have learned today that the Republican Your people and the sheep of Your pas- f leaders of both the House and the Sen- ate have sent a letter to Federal Re- ture. SCHEDULE Today, enable the Members of this serve Chairman Ben Bernanke ahead of body to experience Your presence and Mr. DURBIN. Madam President, fol- the central bank’s 2-day meeting that to receive Your wisdom. May they re- lowing any leader remarks, the Senate begins today. That letter to Chairman ceive these blessings, aware of Your will be in morning business for 1 hour Bernanke from the Republican congres- counsel that, ‘‘to whom much is given, with the majority controlling the first sional leaders instructs him as to what much is required.’’ Bless us and all the half and the Republicans controlling they should try to achieve during their people of the world today and every the final half. Following morning busi- 2-day meeting. day. ness, the Senate will resume consider- A former Commissioner of the Fed- We pray in Your great Name. Amen. ation of H.R. 2832, the GSP bill and the eral Reserve said this is outrageous; vehicle for trade adjustment assist- that an independent agency such as the f ance. Federal Reserve, which is operated PLEDGE OF ALLEGIANCE At approximately 12:30 p.m. there with independence of political impact will be two rollcall votes in relation to and political pressure over the years, The Honorable KIRSTEN E. the Hatch amendment regarding the ef- would now be receiving direct political GILLIBRAND led the Pledge of Alle- fective date of trade adjustment assist- communications from the Republican giance, as follows: ance and the McCain amendment re- leaders. I pledge allegiance to the Flag of the garding a 2-year extension of that pro- What is the message from the Repub- United States of America, and to the Repub- gram. lic for which it stands, one nation under God, lican leaders to the Federal Reserve? indivisible, with liberty and justice for all. Additional rollcall votes are expected The message is, don’t lower interest during today’s session. rates. I don’t know if Senator MCCON- f f NELL, Senator KYL, Speaker BOEHNER, APPOINTMENT OF ACTING or Congressman CANTOR have been RESERVATION OF LEADER TIME PRESIDENT PRO TEMPORE home lately. But if they have been The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The home and met with local businesses, pore. Under the previous order, the clerk will please read a communication small businesses, they will have leadership time is reserved. to the Senate from the President pro learned very quickly that it is very dif- ficult for them to borrow money to sus- tempore (Mr. INOUYE). f tain and expand their businesses and to The assistant legislative clerk read MORNING BUSINESS the following letter: hire more people. The ACTING PRESIDENT pro tem- As we have a monetary policy which U.S. SENATE, pore. Under the previous order, the allows expansion of these businesses PRESIDENT PRO TEMPORE, Washington, DC, September 21, 2011. Senate will be in a period of morning and expansion of jobs across America, To the Senate: business for 1 hour, the time equally we have an opportunity to try to put Under the provisions of rule I, paragraph 3, divided, with Senators permitted to this recession behind us. So what is the of the Standing Rules of the Senate, I hereby speak therein for up to 10 minutes message of the Republican leaders to

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

S5795

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VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5796 CONGRESSIONAL RECORD — SENATE September 21, 2011 the Federal Reserve Board? The mes- aisle. The President believes, as we do, it of preserving the basic benefit struc- sage is clear and simple: Do nothing. that putting workers back on the job ture of Medicare. That is essential, and Stand by the sidelines and watch this while rebuilding and modernizing the President has made that clear too. economy languish. America is the best way to see us Those on the Republican side who sup- It is the same message the Repub- through this recession. He believes port the Congressman PAUL RYAN lican leaders are sending the President there are pathways back to work for budget, which would basically hand out of the United States. He came to us al- Americans looking for jobs. He wants vouchers to seniors and say good luck most 2 weeks ago and said: We have to to restructure the unemployment com- in the insurance marketplace, ignore move together to make this economy pensation program using some innova- the reality that as people age they stronger. We have to find a way, work- tive techniques that have been popular sometimes face medical challenges ing together, to create jobs. The Presi- in the past with Republicans but now that others don’t have, and they need dent said: Let’s give to working fami- are being rejected because the Presi- the benefit and protection of Medicare lies across America a tax cut, a payroll dent offers them—an idea that has been in years to come. tax cut. The average family in my suggested of allowing some unem- The President is committed to that. State of Illinois will receive about ployed workers to come back to work The Democrats are committed to that. $1,500 a year. This will help those fami- and still draw unemployment so they It should be a bipartisan commitment. lies who are working but struggling can have valuable work experience and The same is true when it comes to from paycheck to paycheck. perhaps find a long-term permanent po- Medicaid. This is a program across The Republican response to them: sition. America that is essential in New York No. They have said to the President Tax relief for workers and families and Illinois. Thirty-six percent of all they will not accept a payroll tax cut across America—cutting payroll taxes the children in the State of Illinois for the working families and middle-in- in half for 160 million workers—is rely on Medicaid for health insurance. come families across America. going to be a break they need. Many of More than half of the babies born in The President said: Let’s give to these workers and working families are my State are paid for by the Medicaid businesses across America some help. struggling with high gasoline prices. Program, and 20 percent of Medicaid Let’s reduce the payroll tax. In fact, Does $125 a month mean that much to recipients in Illinois consume 60 per- let’s create a tax incentive for these a Senator or Congressman? Maybe not. cent of the money spent. Most of them businesses to hire unemployed workers. But if you are living paycheck to pay- are elderly people who are very poor, We know there are plenty of people check and you just saw gasoline go living on Medicare, relying on Med- out there who need work. Some busi- over $4 a gallon, $125 is absolutely es- icaid to stay in a convalescent setting nesses, with an enticement through the sential so you can make it back and or a nursing home setting. Tax Code, may be able to finally hire forth to work and do what is necessary So Medicaid has to be protected as that extra worker and reduce the un- for your family. The President’s pay- well. That is a challenge the President employment rolls. roll tax cut will help these working and those of us on the Democratic side The Republican answer, again, is no. families, and Republicans oppose it. accept. Time and again, when either the Fed- This plan also has deficit reduction. The bottom line is, we can move this eral Reserve Board or the President or, The President understands, as we all economy forward in a coordinated, bi- in fact, any economist suggests that we do, that the deficit America now faces partisan effort; use the President’s need to move forward as a nation to in our long-term debt needs to be faced payroll tax cuts, the business tax cuts deal with the recession, the answer squarely. He believes—and I share that that are fully paid for; make certain we from the Republican side of the aisle is belief—we should spend the next year are dedicated to rebuilding America’s no. building the economy but make it clear basic infrastructure; and make certain, Now, with this letter to the Federal that over the long term we are going to as well, that we take care of our own: Reserve, the Republican congressional take the actions necessary to reduce the veterans returning from war, 10 leaders are telling the Federal Reserve, our deficit substantially over a 10-year percent of whom are out of work today. we believe for the first time in history, period of time by more than $4 trillion. That is an embarrassment, and it is that they should not provide a vehicle That is what the President announced one that should come to an end imme- for expansion by lowering interest when he made his statement on Mon- diately. We should work on a bipar- rates in this economy. day. tisan basis to encourage their being That, to me, is wrongheaded. When I He also realizes that while cutting hired. think of the businesses looking to bor- the deficit and reducing America’s There is something else that worries row money, when I think of those debt, we have to keep our promise, the me as we come to the end of this week homeowners who need to refinance promise to Americans who receive So- and face a recess for both the House their homes, interest rates are critical cial Security. Twenty-six percent of and Senate. The Republican leader, to the expansion of this economy. Time Social Security recipients have no Congressman ERIC CANTOR of Virginia, and again, the Republican approach to other source of income. If we talk has suggested we may be facing an- this economy has been simply stated in about cutting those benefits or other government shutdown threat. It just a few words: Do nothing and pro- privatizing Social Security, as many is just incredible that the Republican tect the millionaires. Republicans do, we are putting at risk, leader would bring that up as one of When the President steps forward literally, the lifeblood of 26 percent of the options as we go into this week be- and asks the wealthiest among us to Social Security recipients. fore recess. pay something more in terms of their For 70 percent of Social Security re- We don’t need this. We have faced own taxes, which is only fair, the Re- cipients, Social Security represents two previous threats this year from the publicans cry foul, class warfare, and more than half of their income. So tea party-dominated Republican House all the words they have used to defend they listen carefully as the President of Representatives. They threatened to their position defending millionaires says we are going to protect the basic close down the government when we across America. Most people across benefits under Social Security. The passed the continuing resolution. They American understand we are going to same holds true for Medicare. Medicare threatened again to close down the need to have shared sacrifice to emerge is a program that has been dramati- economy when we faced the debt ceil- from this recession. A lot of families cally successful. Don’t take my word ing. are making that sacrifice today. Work- for it, don’t take any politicians’ word At this moment, this perilous mo- ing families and middle-income fami- for it, look at the life expectancy for ment in America’s economic history, lies have been falling behind for a long senior citizens since we passed Medi- we should not face a government shut- time. We want to help them with a care in the 1960s. Senior citizens can down again, and the Republican leaders payroll tax cut and by creating some live independently, with more con- in the House should not be suggesting life in this economy that creates new fidence, and live longer because of that as an alternative. We need to jobs. Medicare. work together. Unfortunately, we have no help com- We know we have to make changes in The bottom line issue is disaster aid. ing from the Republican side of the this program, but let’s do it in the spir- I think the Senator from New York

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5797 knows, as I do—in Illinois we have crisis, and now they are restructuring for Israel must be united. We must faced these natural disasters; 48 States to build for the future. That is the kind speak with one voice—Democrat and have this year. Hurricane Irene, I of forward-looking view of the econ- Republican, House and Senate, Con- know, did tremendous damage in the omy that we need. gress and the administration. The ad- State of New York. Earlier this year in When the Republicans instruct the ministration has said it will veto a Se- the spring the flooding on the Mis- Federal Reserve Board to do nothing to curity Council resolution that would sissippi and Ohio Rivers did tremen- help the economy, say to the Presi- recognize a Palestinian state, and it dous damage in my State of Illinois. dent: Do nothing to help the economy, must do that. We cannot predict when these natural and then threaten a government shut- The U.N. rules for admission require disasters will come, and we certainly down over paying for disaster relief that any applicant before the U.N. be cannot predict how much they will across America, that is shortsighted. It ‘‘peace loving’’ and ‘‘willing and able to cost. Now the Republicans in the House is not consistent with the economic carry out the obligations of the U.N. are insisting that we have to pay for growth we need in this country to charter.’’ The U.N. charter calls for every dollar of disaster aid. make certain we are moving forward. ‘‘faith in fundamental human rights, in What are their pay-fors? Take a look I yield the floor and suggest the ab- the dignity and worth of the human at it. It is a program we created to en- sence of a quorum. person.’’ It calls on members to ‘‘prac- courage the creation of manufacturing The ACTING PRESIDENT pro tem- tice tolerance and live together in jobs in the United States, making fuel- pore. The clerk will call the roll. peace with one another as good neigh- efficient vehicles. The Republicans say The assistant legislative clerk pro- bors.’’ The PA is not there yet. eliminate it, eliminate a program fo- ceeded to call the roll. U.N. membership and statehood itself cused on putting Americans back to The ACTING PRESIDENT pro tem- is not a gift. It is not a right. It is work in good-paying jobs, building the pore. The Senator from Ohio. earned. There is a responsible path for vehicles of the future so we can be Mr. BROWN of Ohio. I ask unanimous the Palestinians. Direct negotiations competitive not only at home but over- consent that the order for the quorum with Israel are the only way to produce seas? The Republicans say that is call be rescinded. a Palestinian state and the only way to something government should not do. The ACTING PRESIDENT pro tem- achieve a lasting peace, just as direct It is a consistent pattern, whether it pore. Without objection, it is so or- negotiations produced peace between is their message to the Federal Reserve dered. Israel and Egypt and Israel and Jordan. to do nothing when it comes to low- f Israeli Prime Minister Netanyahu ering interest rates, whether it is their has called for direct talks to begin im- SUPPORTING ISRAEL message to the President to do nothing mediately, as have President Obama when it comes to payroll taxes to help Mr. BROWN of Ohio. Earlier this and so many of our colleagues. Why middle-income families and business week, I met with leaders in the Ohio should the Palestinians be rewarded by tax credits to put people back to work Jewish community about events that the U.N. for refusing to negotiate with or when it comes to paying for disas- could happen as the United Nations Israel? ters when they suggest eliminating a General Assembly convenes in the Pre- If the Palestinians have elected to program that will create manufac- siding Officer’s city, New York. One of pursue confrontation over negotiation turing jobs in the United States. Time the leaders and a dear friend of mine with Israel, we must rethink our ef- and again, the philosophy of the Re- and a dear friend of Israel’s told me forts to support the Palestinians and publicans comes through: Stand by; do these are tough times for Israel, some the Palestinian Authority. Today, the nothing. of the toughest ever. She took a deep Senate foreign operations sub- We saw it as well when it came to breath, gathered her thoughts, and committee, of which I am a member, making certain that General Motors said, ‘‘Until your neighbors accept you, will be marking up the international and Chrysler survived the crises of the it will always be a tough time.’’ affairs appropriations bill, which hap- last several years. The Republican po- Israel is accustomed to living in a pens to be the same day the PA is con- sition was: Do nothing. tough neighborhood, but in recent sidering making its plea at the United There are many employees whose months that has grown tougher. Con- Nations. The bill is strong on holding jobs are at stake when we talk about frontation with Israel is a new center- the PA accountable should it attempt the automobile industry—all across piece of Turkish foreign policy. Lead- such a misguided maneuver. We cannot America. We often think of some of the ers in Egypt question Egypt’s commit- reward unilateral acts. We cannot re- big names now that we see every day in ment to its peace treaty with Israel. ward bad behavior borne of a clear re- the news. There are about 3,000 employ- Hezbollah has consolidated its political jection of the only proven path to ees of an operation known as hold on the Lebanese Government. Iran peace. Facebook. There are around 30,000 em- is probably consistently the largest Many of my colleagues and I under- ployees of a company known as Google. threat to peace in the Middle East as stand that a great number of Palestin- There are 200,000 direct employees of they defiantly continue their unmis- ians want what we all want in this General Motors, not to mention the takable march to nuclear capability. country—in New York and Ohio and millions who are suppliers and vendors In the coming days, the next step in across our country—and what people of their products. To me, that is an in- an escalation against Israel will take want in Israel: a better life for their dication of the shortsightedness of the place should the Palestinians seek rec- children, a life of peace and prosperity Republican approach. Ignoring the re- ognition as a state from the United Na- between and among peoples. ality of an automobile industry that tions. Instead of negotiating directly I am confident the administration needed a helping hand meant, if the Re- with Israel, as the Palestinians have will veto any Security Council recogni- publicans had their way, GM and often committed to do as far back as tion of a Palestinian state, but there Chrysler may not exist today. Thank the Oslo agreement, they are about to are other options and possibilities be- goodness they did not have their way. seek to exclude Israel from any role in fore the U.N., such as seeking recogni- The President stepped in, made the deciding issues that are critical to tion from the General Assembly as a changes necessary, encouraged the achieving a permanent peace. That nonmember state. While it is a dif- management of these companies to re- must not occur. This action could set ferent name and comes by different structure in light of the new economic back the peace process for decades to procedures, it doesn’t solve the Pal- realities, and the companies survived. come. The Obama administration is as- estinians’ fundamental problems of In my home State of Illinois, in siduously attempting to stop this dan- avoiding the tough negotiations and Belvidere, we are proud to have a gerous move. the internal consensus-building that Chrysler facility. I talked to the CEO Today, as it has done in the past, are essential for peacemaking to suc- of Chrysler. He believes—and I cer- Congress must stand firm with Israel. ceed. That is why U.S. leadership is so tainly concur—this facility has a It must oppose any Palestinian action important at this critical time. That is bright future because the government at the U.N. which would circumvent its why we must all speak with one voice helped Chrysler through an economic commitment to negotiate. Our support and stand firm in an unbreakable bond

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5798 CONGRESSIONAL RECORD — SENATE September 21, 2011 with our ally Israel. Until we hold though somebody is actually putting supposed to create thousands of perma- those who seek to destroy Israel ac- up a fight. So this whole thing is a cha- nent jobs. Two years later, more than countable, it will always be a tough rade, and I think the American people 1,000 Solyndra employees are out of time for our closest ally. deserve better. I think they deserve a work altogether, and the American I yield the floor and suggest the ab- President who realizes that governing taxpayer is on the hook for more than sence of a quorum. involves working with a situation as it $1⁄2 billion in loans to the company. The ACTING PRESIDENT pro tem- is, not as you would like it to be. Presi- But here is the most important cal- pore. The clerk will call the roll. dent Obama may think the best way to culation: Not a single new job will The assistant legislative clerk pro- distract people from the challenges we come about as a result of the tax hikes ceeded to call the roll. face is to stand near a bridge in a swing the President proposed this week—not Mr. MCCONNELL. Mr. President, I State and pit one group of Americans one new job. As the National Federa- ask unanimous consent that the order against another and hope his critics tion of Independent Business puts it: for the quorum call be rescinded. look bad if they don’t go along with New tax increases on America’s biggest job The PRESIDING OFFICER. Without him, but I don’t think he is fooling creators are the last thing this economy objection, it is so ordered. anybody. I don’t think all the cam- needs to get back on track. f paign stops in the world are going to What else do we need to know? convince most Americans that the real RECOGNITION OF THE MINORITY Republicans are ready to work with cause of our problems lies anywhere LEADER the President on turning this economy other than with the policies that are around. We know what would work, The PRESIDING OFFICER (Mr. coming out of Washington these days and after the past 21⁄2 years, we have UDALL of Colorado). The Republican or that the single greatest obstacle to certainly seen what won’t work. So my leader is recognized. job creation in America today is poli- suggestion to the President is the same f cies that punish the risk takers and now as it has been for months. Put CHANGING COURSE the entrepreneurs and that stifle in- aside the political playbook and work vestment and private enterprise, rather with us on policies that will actually Mr. MCCONNELL. Mr. President, than rewarding it. solve the problems Americans care there has been a lot of debate in the When it comes right down to it, I about the most. Let’s work together on past week about the latest proposals think most Americans care more about policies that are aimed at motivating coming out of the White House, about results than about rhetoric. Let’s be job creators, not your political base. It whether the President’s latest stimulus honest. The results of this President’s is time to change course. bill or the tax hikes he is proposing economic policies speak for them- Mr. President, I yield the floor and I will help or hurt the economy. But selves. After 21⁄2 years of government suggest the absence of a quorum. based on what we are hearing from the spending, here is what we have: record The PRESIDING OFFICER. The White House this week, it is hard to see deficits, chronic unemployment, me- clerk will call the roll. the point in having any debate at all. dian incomes going down, poverty rates The legislative clerk proceeded to I am referring, of course, to a com- going up, and the first ever credit call the roll. ment by the White House Communica- downgrade. This isn’t exactly a record The PRESIDING OFFICER. The Sen- tions Director who told the New York to be proud of. So I can understand the ator from Arizona. Times on Monday that the President President wanting to change the topic. Mr. MCCAIN. Mr. President, I ask had entered what he referred to as a It might make him feel better. It unanimous consent that the order for new phase—a new phase. He said the might energize his strongest sup- the quorum call be rescinded. President may have worked with Re- porters. But here is something it won’t The PRESIDING OFFICER. Without publicans to avert a government shut- do: It won’t create jobs. objection, it is so ordered. down last spring and to raise the debt Look, if we can solve our jobs crisis Mr. MCCAIN. I ask unanimous con- ceiling this summer, but ‘‘that phase is and revive the economy by passing the sent to address the Senate as in morn- behind us.’’ In other words, the White hat at Warren Buffett’s annual share- ing business. House isn’t interested in actually ac- holders meeting, we would have done it The PRESIDING OFFICER. The Sen- complishing anything anymore. It is by now, but we can’t. Why? Because ator is recognized. more interested in making a point than that is not a real solution. It is a cam- f making a difference. paign slogan. So here is my question: How do you The President said the other day the THE AUTHORIZATION PROCESS explain to the 14 million Americans tax hikes he is proposing aren’t class Mr. MCCAIN. Mr. President, I rise looking for a job right now that you warfare. He said they are math. Well, today to discuss a fundamental prob- are more interested in motivating cam- we can do math too, so let’s do the lem of this body: the fact that Congress paign supporters than in motivating math. According to the IRS, if you as an institution—and the Senate in businesses to hire? doubled—doubled—the tax burden on particular—rarely engages in the proc- For the past week, the President has everybody in America who earned more ess of authorizing prior to appro- been running around the country try- than $1 million in 2009, you would cover priating money for our government. As ing to set a record for the number of the cost of about 3 months of deficit a result, a handful of senior appropri- times he can say pass this bill ‘‘right spending around here. If you doubled ators and their unelected staffs dictate away’’ in a 5-minute stump speech. the tax burden on everybody in Amer- the spending of hundreds of billions of Meanwhile, his communications direc- ica who earned more than $1 million in dollars, often in a manner that directly tor is telling people the President 2009, you would cover the cost of about contravenes the will of those commit- doesn’t expect the bill to pass. And the 3 months of the deficit we are running tees that still authorize spending. It is Democratic majority leader in the Sen- around here. If you confiscated every time this process be stopped. ate is treating it like a legislative dime of taxable income from those the The solution is simple. We should not afterthought. My friend the majority President refers to as millionaires and authorize on appropriations bills, and leader said yesterday he might take up billionaires—take it all—you wouldn’t any funding proposed for unauthorized this supposedly ‘‘urgent’’ bill next even cover a single year of deficit projects should be subject to the scru- month after he has had a chance to spending in Washington right now. tiny and approval of the authorizing deal with a Chinese currency bill and a Spending more money in Washington committees and reflect the will of their few others. As for the other Democrats won’t solve our spending problem, it members. in Congress, well, they are not exactly will enable it. We are all to blame for this problem. rushing to get it in the queue either. How about the stimulus? One of the The fact is that routine passage of au- This so-called jobs bill seems to be programs is the stimulus was supposed thorizing legislation simply doesn’t about as popular as Solyndra, and I am to create 65,000 jobs. So far, it has cre- occur as it should. Far too often, even just talking about among Democrats. ated 3,500 at nearly $11 million per routine passage of appropriations legis- Yet the President is out there acting as job—$11 million per job. Solyndra was lation has devolved into passage of a

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5799 single omnibus bill. This also must Construction and Veterans’ Affairs mental conservation for ranges; $106 stop. Subcommittee of the Appropriations million for alternate energy research, A case in point is the appropriations Committee have stopped funding Guam whatever that means; $45 million for bill to fund the Department of Defense military construction projects until high-performance computing mod- that was reported out of the Appropria- the Department of Defense provides a ernization—all of these, and a long list tions Committee last week. That legis- master plan and considers alternatives of them, may be good programs; they lation should reflect the will of the De- that may provide the needed marine are not authorized; and the job of the fense authorization bill but runs di- forward presence at much less expense. Senate Armed Services Committee is rectly contrary to it in many areas. At In fact, we simply cannot afford to to scrutinize these programs and select a time when we face a $14.7 trillion na- carry out the plans as they were origi- those that are in most need of fund- tional debt that is mortgaging the fu- nally envisioned. In the face of all the ing—$5 million for the National Guard ture of our children and grandchildren, doubt about the scope and timing of Youth Challenge Program; $4.5 million the Senate Appropriations Committee the eventual buildup, the Appropria- for the Civil Air Patrol. is proposing a Defense spending bill tions Committee put a premium on Programs have some merit, but we that uses a budget gimmick totaling buying schoolbuses, an artifact reposi- have to look at these with an eye to over $10 billion to mislead the Amer- tory, and a mental health clinic in the fact that we have been tasked to ican people about the savings the com- Guam. That is not anybody’s idea of cut $400 billion that the President has mittee claims to achieve. defense priorities in the fiscal environ- already ordered the Pentagon to under- While the Department of Defense is ment we face. take. struggling to find more than $400 bil- In some cases, the Appropriations Despite the Appropriations Commit- lion in cuts directed by the President, Committee was well aware that the tee’s desire to find $26 billion in defense the Appropriations Committee is still Armed Services Committee had, on a savings, they found money to add $240 conducting business as usual by re- unanimous vote, reported out a bill million in unrequested funding—the warding special interests and funding that denied funding for a program, but Pentagon and the President did not ask pet projects that have little or nothing the appropriators funded the full for them—for a number of congres- to do with our national defense. In the amount anyway. This is the case with sional special interest areas, such as bill reported out last week that pur- the Army’s Medium Extended Air De- advanced materials research, $10 mil- ports to cut over $26 billion from the fense System, or MEADS. The Armed lion; Industrial Base Innovation President’s request by changes to 580 Services Committee cut the entire Fund—whatever that is—$30 million; different programs, somehow the Ap- budget request of $406 million for this Defense Rapid Innovation Fund, $200 propriations Committee still found program because Army leaders have million. money for over $2.3 billion in addi- told the Senate they do not intend to In the procurement account, the Ap- tional spending not requested by the ever buy or deploy the system and be- propriations Committee added $675 mil- Department of Defense and for items cause repeated technical reviews have lion for items that were not requested that are far from real defense require- determined that MEADS is behind by the Pentagon or authorized by the ments. schedule, over cost, and a high risk of Armed Services Committee, including I have here a list of the roughly 580 technical failure. The Appropriations $120 million for advance procurement items changed by the Appropriations Committee ignored the Armed Services of 12 Air Force C–130Js, $47.4 million Committee which are differences from Committee’s decision not to authorize for improved radars for Air National the bill adopted unanimously by the further funding for MEADS and instead Guard F–15s, $140 million for program Senate Armed Services Committee in appropriated the full amount of $406 increases to classified programs—the June in the Department of Defense au- million—even in the face of the fact of list goes on and on. thorization bill. This list is 45 pages the need to cut defense spending by Although the appropriators were long and represents $20 billion in eliminating troubled programs that are looking for $26 billion in savings, they changes. not effectively providing increased chose not to follow the Armed Services For example, it is incredible to me combat capability for the troops. Committee in making cuts to some the Appropriations Committee put a Additionally, hundreds of millions of programs even when the justification priority on spending $33 million in op- dollars in the fiscal year 2012 Defense for taking savings was clear. These ex- eration and maintenance funds. That appropriations bill have been allocated amples include $150 million for the money is used to maintain the readi- to things that were never requested by Army Guided Multiple Launch Rocket ness and combat capability of our the Pentagon, never authorized by the System; $495 million for Navy F/A–18E/ troops. The $33 million is going to pur- Senate Armed Services Committee, F Hornets, which the Armed Services chase schoolbuses, to build a mental and which are simply not core defense Committee pointed out were funded in health substance abuse facility on priorities. the full-year Defense appropriations Guam, and a repository for cultural ar- Example: There is $354 million added bill for the year 2011; $205 million for tifacts. I am not making that up: $33 for medical research not requested by the Fleet Satellite Communications million for a repository—oh, phase one the Pentagon, including $120 million follow-on program, for which the Gov- of a repository for cultural artifacts, for breast cancer research, $10 million ernment Accountability Office and the funding for a mental health substance for ovarian cancer research, $64 million Armed Services Committee noted that abuse facility, and the purchase of for prostate cancer research, and $50 the funding for the requested booster schoolbuses. All of this money, and $40 million for other medical research for a was too early. million more next year to complete laundry list of medical conditions. I am In order to give the appearance of these facilities, is, at least in theory, not questioning the merits of medical real savings to the taxpayer, the Ap- supposedly, to help promote Guam’s research, but they do not have any- propriations Committee, again, incred- cooperation as part of the plan to move thing to do with defending this Nation. ibly, shifted over $10 billion in funding 8,700 marines and 9,000 family members They should be taken out of the appro- from the nonwar base defense funding from their current bases on Okinawa to priations of the Health and Human budget to the ‘‘off-budget/emergency Guam. Services Subcommittee, not out of de- spending.’’ For the benefit of the I know the marines will enjoy being fense. record, the Overseas Contingency Oper- on Guam. I am not sure it is absolutely Again, I am not questioning the mer- ations Fund does not count as part of necessary for them to have a reposi- its of medical research and the impor- the budget, but it is for overseas con- tory for cultural artifacts. But the plan tant role the Federal Government can tingencies, i.e., the wars in Iraq and Af- to move the marines, which will re- play. I am saying it is time for it to ghanistan. quire spending between $18 billion and stop being taken out of national de- So what did the Appropriations Com- $23 billion on Guam to build up its ca- fense. mittee do? They took money that is pabilities as a permanent base, is so The Appropriations Committee adds supposed to be for the conflicts in Iraq much in doubt that both the Armed even more unrequested funding for pro- and Afghanistan, and they transferred Services Committee and the Military grams such as $60 million for environ- over $3.2 billion to the account for

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5800 CONGRESSIONAL RECORD — SENATE September 21, 2011 overseas contingency operations, $550 they need strong leadership to make ask unanimous consent that it be made million for predator drones, $228 mil- tough decisions to restore fiscal dis- the pending business. lion for counterfire radars, $192 million cipline and responsibility in Federal The PRESIDING OFFICER. The for Fire Scout unmanned aerial sys- spending. I am committed to using clerk will report. tems, $784 million for unmanned aerial every power available to me to ensure The legislative clerk read as follows: systems. the Defense bill for 2012 provides spend- The Senator from Arizona [Mr. MCCAIN] In the operations and maintenance ing for only the most critical national proposes an amendment numbered 625 to accounts, the Appropriations Com- security requirements, as proposed by amendment No. 633. mittee transferred over $6.2 billion for the President and defense leadership. Mr. MCCAIN. I ask unanimous con- items that were requested in the base In this regard, the Defense appropria- sent that the reading of the amend- budget to the ‘‘off-budget’’ overseas tions bill that has been reported from ment be dispensed with. contingency operations funding, in- the Appropriations Committee is sadly The PRESIDING OFFICER. Without cluding $3 billion for Army depot main- lacking. objection, it is so ordered. tenance, $495 million for Navy depot There is plenty of blame to go The amendment is as follows: maintenance—it goes on and on. around. I do not fault just the appro- (Purpose: To extend trade adjustment assist- In the miliary personnel accounts, priators. We have all failed to do our ance as in effect before the enactment of another $529 million was transferred jobs. The answer to this problem is to the Trade and Globalization Adjustment from the defense budget, where it was fix it. We must stop authorizing on ap- Assistance of 2009) requested, to the overseas contingency propriations legislation without the Strike title II and insert the following: operations budget so it would count as agreement of the authorizing com- TITLE II—TRADE ADJUSTMENT ‘‘defense savings.’’ mittee. The appropriations bills should ASSISTANCE This is pure budget gimmickry. It is reflect the will of the authorizing com- SEC. 201. EXTENSION OF TRADE ADJUSTMENT AS- about time we got serious about cut- mittees. I intend to work with my col- SISTANCE. ting spending. Using budget gimmicks leagues to remedy this problem so the Title II of the Trade Act of 1974 (19 U.S.C. to shift over $10 billion from the base will and wisdom of all Senators—not 2271 et seq.) (as in effect on the day before defense budget to the emergency ac- just a select few—is represented when the date of the enactment of this Act and count we have set aside for support of we pass appropriations legislation. without regard to any substitution made by overseas contingency operations is not A solution to this problem is long section 1893(b) of the Trade and saving the taxpayers a dime. Cutting overdue, and I intend to fight to see Globalization Adjustment Assistance Act of $10 billion from the President’s request 2009 (19 U.S.C. 2271 note prec.)) is amended— that it is solved. (1) in section 245, by striking ‘‘2007’’ and in- for the wars in Iraq and Afghanistan, Mr. President, I suggest the absence serting ‘‘2014’’; shifting over $10 billion in nonwar ex- of a quorum. (2) in section 246(b)(1), by striking ‘‘the penses, and then claiming in a press re- The PRESIDING OFFICER. The date that is 5 years’’ and all that follows lease—they had the gall in a press re- clerk will call the roll. through ‘‘State’’ and inserting ‘‘December lease—that the President’s request for The legislative clerk proceeded to 31, 2014’’; the warfighting accounts is fully sup- call the roll. (3) in section 256(b), by striking ‘‘each of fiscal years 2003 through 2007, and $4,000,000 ported is not only a gimmick, it is dis- Mr. MCCAIN. Mr. President, I ask honest with the American people. It is for the 3-month period beginning October 1, unanimous consent that the order for 2007’’ and inserting ‘‘each of fiscal years 2012 a disservice to the men and women of the quorum call be rescinded. through 2014, and $4,000,000 for the 3-month the military who depend on that fund- The PRESIDING OFFICER. Without period beginning October 1, 2014’’; ing for critical warfighting equipment objection, it is so ordered. (4) in section 285, by striking ‘‘2007’’ each and support. place it appears and inserting ‘‘2014’’; and f I have talked to many of our senior (5) in section 298(a)— commanders in Iraq and members of CONCLUSION OF MORNING (A) by striking ‘‘2003 through 2007’’ and in- the Iraqi Government during repeated BUSINESS serting ‘‘2012 through 2014’’; and trips to Iraq this year. All of them (B) by striking ‘‘October 1, 2007’’ and in- The PRESIDING OFFICER. Morning serting ‘‘October 1, 2014’’. have recommended that the United business is closed. States maintain at least 10,000 soldiers Mr. MCCAIN. Mr. President, the beyond December 31, 2011. There is no f amendment would authorize the con- money in the warfighting accounts for, EXTENDING THE GENERALIZED tinuation of trade adjustment assist- if we have, additional troops. So be- SYSTEM OF PREFERENCES ance or TAA for 2 additional years at cause of the administration’s delay in the level of funding the program main- The PRESIDING OFFICER. Under any decision for any additional troops, tained prior to the 2009 stimulus pack- the previous order, the Senate will re- understandably, that is not funded in age addition. Prior to the stimulus, sume consideration of H.R. 2832, which these bills, which is required, obvi- passed by this body in 2009, the TAA the clerk will report by title. ously, by October 1, the end of the fis- Program cost taxpayers about $1 bil- The legislative clerk read as follows: cal year. lion per year. What will also put our troops, our na- A bill (H.R. 2832) to extend the Generalized The passage of the stimulus package, tional security, and our Nation at System of Preferences, and for other pur- which was advertised to be a tem- poses. grave risk is the specter of even more porary injection into the economy—a drastic defense cuts should the rec- Pending: temporary injection—the stimulus was ommendations of the joint select com- Reid (for Casey) amendment No. 633, to ex- increased and expanded to the program mittee fail to gather enough congres- tend and modify trade adjustment assist- at a cost of about $2 billion in 2010; ac- sional support. ance. cording to the Department of Labor es- Hatch amendment No. 641 (to amendment timates, $2.4 billion in 2011, if the stim- Secretary of Defense Panetta warned No. 633), to make the effective date of the last week that the failure of lawmakers amendments expanding the Trade Adjust- ulus expansions were allowed to remain to agree on debt ceiling talks, which ment Assistance Program contingent on the in place. would trigger up to $600 billion in addi- enactment of the United States-Korea Free I would remind my colleagues that tional Pentagon budget cuts, could add Trade Agreement Implementation Act, the with the stimulus package, these were 1 percentage point to the Nation’s job- United States-Colombia Trade Promotion a one-time deal, and once the money less rate. He also called the impact of Agreement Implementation Act, and the was spent, then those programs lapsed. cuts of that magnitude ‘‘devastating’’ United States-Panama Trade Promotion Apparently not so with the TAA Pro- Agreement Implementation Act. to our Armed Forces. gram. We do not yet have a cost score The citizens of my State—and nearly The PRESIDING OFFICER. The Sen- for the Reid substitute before us, but every other State in the Nation—have ator from Arizona. estimates indicate the TAA agreement been struggling through record unem- AMENDMENT NO. 625 TO AMENDMENT NO. 633 may lock in at least 65 percent of the ployment rates and unprecedented fis- Mr. MCCAIN. Mr. President, I have 2009 stimulus expansions for the next cal pressures. Now, more than ever, an amendment at the desk, No. 625. I several years.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5801 That is approximately, in my cal- matter of principle. As I have said ment also addresses the claim made by culation, at least a $600 million addi- many times on the floor of this body, I some that the agreement in the major- tional cost per year to the taxpayers am not opposed to TAA nor do I seek to ity leader’s substitute amendment not for maintaining 65 percent of the stim- kill it. I read the same media reports only reduces TAA from stimulus levels ulus level of TAA. Architects of the as my colleagues, which suggest that but also much lower in several years. agreement will say these provisions the White House is holding hostage the However, according to a recent Herit- sunset at the end of 2014. But we all trade agreements with South Korea, age Foundation analysis, this may not know sunsets can be fiction. So we are Colombia, and Panama until Congress be accurate. This is important, so let talking about 2012, 2013, and 2014. That passes TAA. me read this analysis at length. This is is about, roughly, a minimum of $1.2 Many of us do not like this. Many of from the Heritage Foundation report: billion of additional spending on the us think this is contrary to our na- Instead of cutting TAA back to pre-stim- dubious—at least in my mind dubious— tional and economic interests. But it is ulus levels, the proposal restores and solidi- benefits of the TAA Program. a fact. So I recognize, as in the past, fies the most alarming aspects of the stim- My friends on the other side of the that Congress should reauthorize TAA. ulus expansion at a yet unknown cost. aisle have long insisted that the price The question is, How much of the tax- It keeps the 2009 stimulus expansion for service sector workers. TAA was originally of passing trade agreements in Con- payers’ money should we spend to do intended to provide income maintenance and gress is passing TAA and other pro- it? job training to workers from the manufac- grams similar to it, domestic spending That is why I am offering this turing sector. The stimulus bill expanded eli- legislation geared to assist U.S. work- amendment. I believe Congress should gibility to include workers from the service ers who have been adversely affected reauthorize it because we are being and public sectors. This expansion expired in by foreign trade. compelled to do so, but I also believe February, but the proposal restores TAA eli- For this reason, in 2002, Congress we should reauthorize this program at gibility for service sector workers. passed the TAA legislation that pro- its prestimulus funding levels. It restores stimulus expansion of benefits for job losses unrelated to FTAs. The pro- vided short-term temporary support for Let me explain why. The following posal retains the stimulus expansion of pro- worker retraining and other assistance. are the temporary expansions to TAA viding TAA benefits to any workers who lost Many Republicans, including myself, that were included in the stimulus, their jobs to overseas production, not just were skeptical about whether this pro- which cost about $2 billion in 2010, and, TAA-certified jobs that were lost to FTAs. gram and others like it achieved their according to the Department of Labor, It reinstates the stimulus’s 161 percent in- goals. But we went along for the sake was estimated to cost approximately crease in TAA for workers’ job training of our national interests and expanding $2.4 billion in 2011 if the 2009 stimulus spending. The proposal cements the stimulus free trade. expansions had stayed in place. spending expansion of TAA for workers’ job In 2009, without any action taken on training at $575 million per year from $220 The stimulus expanded TAA to cover million—an increase of $355 million per year. our three pending trade agreements, workers whose employers shifted pro- It continues the stimulus’s creation of a the stimulus package dramatically in- duction to any foreign country, not new and duplicative job training program. creased the TAA Program as part of just those—as under prior law—whose The proposal keeps the TAA Community the stimulus bill and increased spend- jobs were outsourced to countries with College and Career Training Program, which ing on this program annually by ap- which the United States has a free- has appropriations authorizations of $500 bil- proximately $1 billion. In essence, a trade agreement. lion per year from fiscal years 2011 through program that was designed to assist It expanded TAA coverage to the 2014. This new job-training program is just one of the 47 employment and training pro- workers who had been adversely af- service sector and government employ- grams operated across nine agencies by the fected by free trade was transformed ees who lose their jobs because of federal government. into a domestic spending program for trade. Let me repeat that. This is another It increased the tax credit available reasons that had nothing at all to do proposal that spends $500 million for to cover private health insurance pre- with expanding free trade. job training, even though we already What is worse, after repeatedly miums from 65 percent to 80. It in- have 47 employment and training pro- claiming it supports the free-trade creased the appropriations cap for grams operated across 9 agencies by agreements with Colombia, Panama, training from $220 million to $575 mil- the Federal Government. and Korea, the White House earlier this lion, a 160-percent increase over the year announced that the cost of its previous cap. It partially reinstates the stimulus in- crease in Health Coverage Tax Credit. . . . support was reauthorization of the new It created the Community TAA Pro- It solidifies the wage subsidies for older TAA with funding set not at the origi- gram, which authorizes $230 million for workers as a permanent program. The pre- nal 2002 level but the 2009 stimulus trade-affected communities to assist in stimulus Alternative TAA was a temporary level. strategic planning grants up to $5 mil- five-year demonstration program that paid So we had a program that had been lion, sector partnership grants up to $3 50 percent of the difference between new and expanded from its original cost under million over a 3-year period, and com- old wages of displaced older workers. It sub- the dubious guise of a temporary eco- munity college and career training sidized the wages of older workers earning nomic stimulus, and then we were told grants up to $1 million. less than $50,000 per year for up to $10,000 over two years. After changing the pro- this temporary funding increase, which It gave $17.5 million to States for em- gram’s name to Reemployment TAA, the was designed to expire along with the ployment and case management. It stimulus expansion increased the wage sub- stimulus, should, in effect, be turned lengthened the amount of time workers sidy to $12,000 over two years for displaced into a permanent domestic spending could receive trade readjustment al- older workers earning less than $55,000 and program. lowance assistance by 26 weeks. made the program permanent. While the pro- After much discussion and debate, Finally, it revived the TAA for farm- posal reduces the wage subsidies to pre-stim- there now appears to be a proposal to ers and the wage insurance program, ulus levels, it also cements into law the per- reauthorize TAA and fund it some- estimated by CBO to total about $100 manency of the wage subsidy program. It retains the stimulus expansion of the where between the prestimulus and million for 2 years. union VEBA handout. Despite having noth- poststimulus levels. This proposal is So we had a program that had been ing to do with international trade, the stim- contained in the substitute amendment expanded from its original intent, with ulus expansion of TAA extended the HCTC to offered by the majority leader. Some benefits going to government employ- Voluntary Employee Beneficiary Associa- would say this is a good deal and Re- ees, service sector employees, TAA tions (VEBA). A bankruptcy court can allo- publicans should accept it. Others say benefits going to communities, TAA cate a portion of an out-of-business employ- trade adjustment assistance is ineffec- benefits going to farms, TAA benefits er’s assets to a VEBA, which assumes respon- tive and unproven and Congress should going to firms, under the dubious guise sibly for retirees’ health coverage. This ex- of a temporary economic stimulus. pansion primarily benefits unions. Under the kill it altogether. proposal, the federal government would I am very dubious about the benefits This is what the White House and the cover 72.5 percent of the cost of retiree of TAA. But I understand also what is other side in Congress were telling us health benefits at bankrupt companies. This doable around here and what is not. So had to be reauthorized in order to pass coverage occurs regardless of whether the I am offering this amendment as a the free-trade agreements. My amend- bankruptcies are related to free trade.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5802 CONGRESSIONAL RECORD — SENATE September 21, 2011 Let’s look at an example of excess the taxpayers. We are told the legisla- On May 4, the administration announced created in the ‘‘temporary’’ stimulus tion includes ‘‘offsets,’’ but we know that, at last, it was ready to proceed with expansion of the TAA Program that they are not real. Offsets allegedly in- congressional ratification of the agreements. taxpayers are still on the hook for. Ac- clude: rates for merchandise processing On May 16, however, it announced they would not send them until Congress expands cording to a February 2011 study by fees, changes to the ‘‘time for remit- an entitlement program favored by unions. Senator COBURN, entitled ‘‘Help Want- ting certain merchandise processing Since 1974, Trade Adjustment Assistance ed: How Federal Job Training Pro- fees,’’ unemployment compensation has provided 104, and then 156, weeks of myr- grams are Failing Workers’’: program integrity provisions to create iad financial aid, partly concurrent with the Taxpayers may have a case of indigestion a ‘‘mandatory penalty assessment on 99 weeks of unemployment compensation to when they learn, nearly two years after the fraud claims, prohibition on non-charg- people, including farmers and government stimulus was enacted, their money is paying ing due to employer fault, reporting of workers, and firms, even whole communities, lobstermen, shrimpers and blueberry farmers that can more or less plausibly claim to have rehired employees to the directory of lost their jobs or been otherwise injured be- $12,000 each to attend job training sessions new hires.’’ That is supposed to come on jobs they are already trained to do. cause of foreign competition. Even if the in- The stimulus reauthorized the Trade Ad- up with hundreds of millions of dollars. jury is just the loss of unfair advantages con- justment Assistance for Farmers program I cannot say what most of these ferred, at the expense of other Americans, by administered by the USDA, a program that mean, but I can say they are not real. government protectionism. provides subsidies to producers of raw agri- Even while extending the TAA This process should be appalling to cultural commodities and fishermen so they prestimulus program, we need to ana- the average American who is looking can adjust to import competition. Under the lyze whether the TAA Program is for an improving economy, not special stimulus, TAA benefits were enhanced to doing what it was intended to do. The focus more on employment re-training. favors to certain special interest following are some of the questions and groups. While the Reid substitute includes a concerns we must consider: At a time when our national debt has compromise to ‘‘pare back’’ some of Does the TAA Program provide over- reached unsustainable levels, at a time the expansions in the ‘‘temporary’’ ly generous benefits to a narrow popu- when Congress and the American peo- stimulus spending legislation of 2009, it lation? ple face some truly painful choices still expands TAA benefits and eligi- According to analysis from the Herit- about how to cut our Federal budget, bility beyond the prestimulus levels— age Foundation, based on statistics at a time when some are even consid- by approximately, by my calculations, from the Bureau of Labor Statistics, in ering enormous and dangerous cuts to at least $600 million a year. the third quarter of fiscal year 2009, our defense spending as a way to get I acknowledge that expanding trade only 1 percent of mass layoffs were a our fiscal house in order, this is no temporarily puts some of our workers result of import competition of over- time to throw more money than we did at a disadvantage. I remember being seas relocation. before the stimulus at a Federal pro- roundly criticized during the 2008 Pres- Is there evidence that TAA benefits gram that, as the GAO points out, is idential campaign when I had the au- and training help increase participants’ duplicative and possibly ineffective. dacity to tell Michigan workers the earnings? I am prepared to reluctantly support truth—that many of the jobs that had An analysis by Professor Kara M. TAA if it were funded at the left their State for cheaper labor mar- Reynolds of American University found prestimulus level, as a recognition of kets overseas were never coming back. ‘‘little evidence that it (TAA) helps dis- reality that some form of this program So I understand that trade can create placed workers find new, well-paying is required in order to pass our existing difficulties for some American work- employment opportunities.’’ In fact, trade agreements. But we should au- ers. I am not opposed, in principle, to TAA participants experienced a wage thorize it at prestimulus levels and not supporting those workers temporarily loss of 10 percent. one dollar more. That is what this so they can develop new skills and find The same study found that in fiscal amendment would do. I urge my col- new jobs. That said, let’s look closer at year 2007, the Federal Government ap- leagues to support it. how the Federal Government has been propriated $855.1 million to TAA Pro- I ask for the yeas and nays. going about programs such as this. grams. Of this amount, funding for The ACTING PRESIDENT pro tem- Earlier this year, the GAO released a training programs accounted for only pore. Is there a sufficient second? study entitled ‘‘Multiple Training and 25 percent. At this moment, there is not a suffi- Employment Programs: Providing In- In 2007, the Office of Management and cient second. formation on Collocating Services and Budget rated the TAA Program as ‘‘in- Mr. MCCAIN. Madam President, I Consolidating Administrative Struc- effective.’’ The OMB found that the suggest the absence of a quorum. tures Could Promote Efficiencies.’’ TAA Program failed to use tax dollars The ACTING PRESIDENT pro tem- Here is what the GAO reported on Fed- effectively because, among other rea- pore. The clerk will call the roll. eral employment and retraining pro- sons, the program has failed to dem- The legislative clerk proceeded to grams, including the Trade Adjustment onstrate the cost-effectiveness of call the roll. Assistance Program: achieving its goals. Mr. CASEY. Madam President, I ask Based on our survey of agency officials, we unanimous consent that the order for determined that only 5 of the 47 programs Let me close by reminding my col- leagues how we got to our current pre- the quorum call be rescinded. have had impact studies that assess whether The ACTING PRESIDENT pro tem- the program is responsible for improved em- dicament. It is mid-September of 2011, pore. Without objection, it is so or- ployment outcomes. The five impact studies 21⁄2 years since President Obama took generally found that the effects of participa- office, and we still have not received dered. tion were not consistent across programs, these important trade agreements that Mr. CASEY. Madam President, I wish with only some demonstrating positive im- were finalized half a decade ago—all to address some of the points raised by pacts that tended to be small, inconclusive, because of the White House’s insistence our colleague from Arizona—just a cou- or restricted to short-term impacts. on making a ‘‘temporary’’ stimulus ple areas; one is the question of the im- So not only are many of these worker program—the dubious extension of pact of the Trade Adjustment Assist- employment and training programs du- TAA—into a permanent domestic ance Program, which has been en- plicative, the GAO has found very little spending program. hanced by way of the Recovery Act of empirical evidence to support whether This is how George Will summed it 2009. I will talk about some of the re- these programs are even accomplishing up, writing in the Washington Post on forms as well and maybe address some their intended goals—and what empir- June 8, 2011. The piece is as appropriate of the cost questions. First, with regard to trade adjust- ical evidence they have they found is, I now as it was then: repeat, ‘‘ . . . small inconclusive, or re- ment assistance prior to the 2009 period President Obama is sacrificing economic versus the period after that, I wish to stricted to short term impacts.’’ TAA growth and job creation in order to placate is among these programs. organized labor. And as the crisis of the wel- submit for the RECORD—and then I will This is bad enough, but what is fare state deepens, he is trying to enlarge walk through some of this—this docu- worse, we have not even been told how the entitlement system and exacerbate the ment entitled ‘‘Trade and much this expansion of TAA will cost entitlement mentality. . . . Globalization Adjustment Assistance

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5803 Act (TGAAA) Worker Certification 5/18/ I ask unanimous consent that it be There being no objection, the mate- 2009–6/27/2011.’’ This is a Department of printed in the RECORD. rial was ordered to be printed in the Labor document. RECORD, as follows: TRADE AND GLOBALIZATION ADJUSTMENT ASSISTANCE ACT (TGAAA) WORKER CERTIFICATIONS 5/18/2009–6/27/2011

Estimated total Estimated total Estimated percent workers certified workers certified of workers cer- State under new provi- under all provi- tified under new sions sions provisions

Alabama ...... 4,710 11,277 41.77 Alaska ...... 3 3 100.00 Arizona ...... 4,969 8,540 58.16 Arkansas ...... 807 6,192 13.03 California ...... 20,942 30,619 68.40 Colorado ...... 2,755 3,652 75.44 Connecticut ...... 2,916 4,728 61.68 DC ...... 50 50 100.00 Delaware ...... 13 1,281 1.01 Florida ...... 2,867 6,196 46.27 Georgia ...... 1,887 5,684 33.20 Hawaii ...... 43 43 100.00 Idaho ...... 1,549 2,228 69.52 Illinois ...... 6,997 19,772 35.39 Indiana ...... 3,717 17,047 21.80 Iowa ...... 1,479 4,380 33.77 Kansas ...... 1,065 6,076 17.53 Kentucky ...... 3,519 9,755 36.07 Louisiana ...... 601 2,261 26.58 Maine ...... 914 3,506 26.07 Maryland ...... 1,556 3,118 49.90 Massachusetts ...... 6,821 9,745 69.99 Michigan ...... 14,440 49,642 29.09 Minnesota ...... 4,325 9,166 47.19 Mississippi ...... 392 2,566 15.28 Missouri ...... 2,889 9,328 30.97 Montana ...... 316 658 48.02 Nebraska ...... 1,130 2,121 53.28 Nevada ...... 61 89 68.54 New Hampshire ...... 382 1,471 25.97 New Jersey ...... 4,744 6,329 74.96 New Mexico ...... 1,467 2,412 60.82 New York ...... 9,411 18,795 50.07 North Carolina ...... 9,674 19,569 49.44 North Dakota ...... 905 905 100.00 Ohio ...... 7,706 33,905 22.73 Oklahoma ...... 1,473 1,976 74.54 Oregon ...... 6,045 11,981 50.45 Pennsylvania ...... 9,932 27,401 36.25 Puerto Rico ...... 42 821 5.12 Rhode Island ...... 579 1,401 41.33 South Carolina ...... 4,133 8,358 49.45 South Dakota ...... 350 925 37.84 Tennessee ...... 6,676 17,712 37.69 Texas ...... 11,706 20,441 57.27 Utah ...... 2,233 3,328 67.10 Vermont ...... 344 964 35.68 Virginia ...... 4,256 10,951 38.86 Washington ...... 2,547 7,269 35.04 West Virginia ...... 1,760 3,688 47.72 Wisconsin ...... 5,731 16,864 33.98 Wyoming ...... 0 46 0.00 Total ...... 185,783 447,235 41.54

Mr. CASEY. Let me go through, by ed it—during the worst economic ca- helped, certified, and then enrolled in way of summary, what this depicts. tastrophe in 100 years, other than the programs to give them the skills they First of all, it is a document that has Great Depression. So if there were ever needed. three columns; first is the ‘‘Estimated a time when we needed to make sure The Presiding Officer is from the Total Workers Certified Under New that TAA worked—and it has worked— State of New York, and she knows how Provisions,’’ meaning the changes and, also, if there were ever a time difficult this recession has been on made to TAA as a result of the Amer- when we wanted to make sure that workers in New York. The total num- ican Recovery and Reinvestment Act of TAA was strengthened and enhanced, ber of workers certified in New York in 2009; the second column is the ‘‘Esti- it was during the last couple of years. that 2-year time period was 18,795. But mated Total Workers Certified . . .’’— That is the point, that the 2009 changes half of that number, a little more than meaning certified under TAA—‘‘ . . . were made because we were in the 50 percent, were helped as a result of Under All Provisions of TAA’’; finally throes, the teeth, the grip of the worst the 2009 changes that were made. is the ‘‘Estimated Percent of Workers economic downturn in 100 years, other I say that to highlight and emphasize Certified Under New Provisions’’ as a than in the 1930s. that the 2009 changes allowed more result of the changes made. And what Let me highlight a couple of States. workers to be retrained, to get the it shows is, if you look across the coun- For example, in my home State of skills they needed to go back to work. try, the estimated total workers cer- Pennsylvania, what all this means, if I think that is what we are all about tified under all provisions is 447,235 you look at the total number of work- here. Democrats and Republicans all people. Of that, the increase—in es- ers helped in this time period—again, say they want workers to get back into sence because of the 2009 changes—is talking about roughly the 2 years be- the workforce. This is one of the ways 185,783. And if you look at the percent- tween May of 2009 to June of 2011 in we do it. It is very practical. In order age, that is a 41-percent increase. Pennsylvania—there were 27,401 people to get from here to there—from unem- So the basic point here—after a long helped. Workers helped, I should say. ployment to employment, and in a lot explanation—is very simple. Because of Of that, about 36 percent were helped of cases to a new job or a new career— the changes made in 2009, we were able solely because of the Recovery Act you need to be trained. That is what to help—the U.S. Government, by way changes. TAA does. of TAA—41 percent more individuals. I know a good bit about the workers I will highlight two or three more That is relevant because it was helping in our State. They needed that help. States. Chairman BAUCUS, from the folks to be retrained, helping them to They needed the help that was provided great State of Montana, his State was get the skills they needed for a new ca- as a result of the Recovery Act. So we helped as well. Their increase, based reer, a new job, at the time they need- have good evidence a lot of folks were upon the 2009 changes, was close to 50

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5804 CONGRESSIONAL RECORD — SENATE September 21, 2011 percent. So almost 50 percent more were the foundation for some of the The assistant legislative clerk pro- workers in the State of Montana were changes in the 2009 Recovery Act we ceeded to call the roll. helped as well to get the skills they are debating here on the floor, and we Mr. CASEY. Madam President, I ask needed. are debating as a result of Senator unanimous consent that the order for Let me mention as well my colleague MCCAIN’s amendment. Here is what the quorum call be rescinded. Senator BROWN who has worked so hard they are. I will highlight them quickly. The ACTING PRESIDENT pro tem- on this. There were 7,706 more workers Here is what we are talking about. pore. Without objection, it is so or- in the State of Ohio who were certified The amendment we are considering, dered. to get the skills and training they or the effort we are working on to ex- Mr. CASEY. Madam President, I ask needed because of these changes. pand TAA, does a number of things we unanimous consent that all time in a And, finally, I will mention as well should highlight. In addition to mak- quorum call be divided equally. our colleague from Arizona. If we look ing more workers eligible for training, The ACTING PRESIDENT pro tem- at the total number of Arizona workers it does a couple of things. First of all, pore. Without objection, it is so or- certified, there were 8,540 workers cer- it consolidates administration—that is dered. tified in total, but of that 8,540, the in- important to highlight—it consolidates Mr. CASEY. Madam President, I sug- crease was some 4,969. So in Arizona, case management, and it consolidates gest the absence of a quorum. the increase of workers who were job search and relocation funding The ACTING PRESIDENT pro tem- helped or certified for new training, under the new dollars for job training. pore. The clerk will call the roll. there was a 58.16-percent increase. So The amendment also eliminates sepa- The assistant legislative clerk pro- the increase in Arizona was even high- rate funding streams that were in place ceeded to call the roll. er, and in some States it was even before, but it also allows States the The ACTING PRESIDENT pro tem- higher than that. flexibility to use a portion of the train- pore. The Senator from Utah. The point here is that 2009 changes ing funds for administration and for Mr. HATCH. Madam President, I ask weren’t just a couple of changes made case management costs. States must unanimous consent that the order for to enhance the program or expand it prioritize these funds for training and the quorum call be rescinded. for the sake of expanding a program. I case management, but administrative The ACTING PRESIDENT pro tem- think the evidence shows we have cer- costs are capped at 10 percent of the pore. Without objection, it is so or- tified more workers. These workers funds and States can also use these dered. have to go through a process to be cer- funds to pay for 90 percent of the cost AMENDMENT NO. 641 tified in order for us to provide help by of job search and relocation up to Mr. HATCH. Madam President, I rise way of the Federal Government and $1,250. in support of my amendment No. 641. other partners who are helping us re- Finally, the amendment includes 30 As I explained yesterday, this amend- train workers. I think the evidence is new performance metrics and account- ment really is about fundamental fair- pretty clear that has been a very posi- ability measures across all TAA pro- ness. tive change, giving more workers the grams. The President wants TAA and has skills they needed to compete. So what is the point? The point is held hostage three free-trade agree- Let me say as well about our col- very simple. We had a GAO study in ments to get it. Well, most of us want league from Arizona that I appreciate 2008 that recommended changes to these free-trade agreements and think what he said about TAA, and that he TAA. We had a Recovery Act intro- it is wrong for TAA to move forward supports it. We may have a disagree- duced and enacted for a variety of rea- while the FTAs languish. My amend- ment about how to get there. He appar- sons, some of which spoke directly to ment will ensure that all four legisla- ently doesn’t want the 2009 changes to TAA in 2009. The reforms from the GAO tive ships arrive in port at the same be made part of any effort going for- study were incorporated in the 2009 time. ward, but I appreciate the fact he has changes. So if we stay with the original It is time for the entire trade agenda expressed support for TAA. I also ap- non-2009 provisions, we won’t have to move forward. In August, as he preciate the fact that when Senator these reforms built in. GAO had point- toured the Midwest, the President re- BAUCUS, Senator BROWN, I, and others ed out some issues we should address, peatedly called upon Congress to take in the latter days of 2010 were trying to they were addressed in 2009, and that is the agreements up ‘‘right now’’ to help get an expansion of TAA, Senator another good reason why we should create jobs. This hollow call for action MCCAIN worked with us to try to nego- support the amendment that would in- typifies the President’s approach to the tiate something. He was very willing to clude those 2009 changes. trade agenda. By calling upon Congress talk and to work and to come together, Finally, on the question of costs or to act, he appears to be embracing the and I appreciate that, because we need offsets, the 10-year cost for TAA is now agreements and pushing for their quick that bipartisanship, we need that $962 million over 10 years. That is cut approval. But, like so many of the collegiality to move this forward. So way back. In fact, it has been cut by as President’s trade initiatives, his words even though we have a disagreement much as half. We will talk about them do not match his deeds. about the changes made, I appreciate more in the record, but there are three In reality, Congress cannot take up his willingness to work with us back in offsets. The first, so-called ‘‘merchan- these agreements ‘‘right now.’’ Presi- December and to continue to work dise processing fee,’’ raises $1.77 billion; dent Obama is relying upon a trade law with us. the second, on unemployment insur- called trade promotion authority to Let me make one or two more points. ance, accounts for $320 million; and protect each of these agreements from One basic point about reform. Folks then finally, the Medicare quality im- being blocked or amended by Congress. will criticize programs and say pro- provement organizations raises an- In order to take advantage of this stat- grams aren’t sometimes going through other $330 million. So there are off- utory authority, it is not Congress but the kind of changes we hoped for in re- sets—three in number—and the total the President who must take the first forming them. But we should note for cost is now $962 million over 10 years. I step and submit each agreement for the record that in 2008, the GAO re- think it is a reasonable price to pay for consideration. If the President does not leased a study which highlighted a the substantial training and retraining submit these agreements, Congress number of issues with trade adjust- that TAA provides for our workers who cannot act under the trade promotion ment assistance. They set forth find- are living the horrific nightmare of job authority. The President and his team ings. That is why GAO is important. loss and the destruction of their ca- know this. In fact, here is a chart We shouldn’t allow programs to go on reers, and, frankly, in many cases, the which outlines the TPA process, called for years without some sort of report- destruction of their family. ‘‘How a Trade Agreement Moves ing, accountability, performance meas- With that, Madam President, I yield Through Congress Under Trade Pro- ures, or whatever you wish to call it. the floor, and I suggest the absence of motion Authority.’’ This was taken di- GAO pointed out problems they be- a quorum. rectly from the Web site of the Office lieved could be the subject of reform The ACTING PRESIDENT pro tem- of the U.S. Trade Representative. It for TAA, and those recommendations pore. The clerk will call the roll. clearly shows that Congress cannot act

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5805 until the President submits the agree- On August 15, 2011, an agreement be- educated and skilled workforce. Trade ments. tween Canada and Colombia entered adjustment assistance can help bridge But why take responsibility for mov- into force, which will only make the this gap. Trade adjustment assistance ing the agreements when it is much problem worse for U.S. exporters and can train workers and connect them easier to blame their continued delay our farmers. The fact is that each of with employers who are looking to on Congress? The fact is, the President these agreements is critically impor- grow their businesses. wants all the benefits of trade pro- tant to our economy. For my home Let me mention a fellow who has motion authority but none of the re- State of Utah and for workers across been a big beneficiary who has been sponsibility. the country, they mean more oppor- helped by this program. His name is Once they were called out on the mis- tunity and jobs. It is a slam dunk for Kris Allen. Kris lost his job at Montana match between their words and their the President to create jobs by getting Tunnels in Jefferson City, MT, in 2009. deeds, the administration finally these agreements up here and getting Because of trade adjustment assist- reined in their rhetoric but provided them passed. ance, he was able to go to school at little guidance as to what their actual The National Association of Manu- Helena College of Technology. He plans are. In the meantime, Repub- facturers estimates that U.S. workers wanted to be a diesel mechanic. He licans continued to push for consider- lose $8 million in wages and benefits made the dean’s list most of the semes- ation of the three pending FTAs. Back every day these agreements are de- ters. In May of 2011 he graduated. In in July, a group of Republican Sen- layed. I for one stand ready to continue fact, he got his degree on a Friday and ators signed a letter vowing to help the to fight for their consideration and ap- started work the very next Monday. administration achieve its objective of proval. We have come a long way this His new job at a trade company in Bel- gaining approval of trade adjustment year, but we are not yet done. grade earns him $18 an hour. Kris has assistance in exchange for submitting I hope the President will heed my not stopped there. He continues to the FTAs. Now, despite a clear path call and submit these agreements to hone his skills at Montana Resources forward, the President remains silent Congress so we can approve them, but keeping up to date on the latest tech- to this day. history has shown this President will nology and machinery. As the President continues to delay, not act unless he is forced to. This In this fast-paced globalized econ- our country cedes each of these three amendment I am offering will continue omy, human capital is the key to our free-trade agreement markets to our to put pressure on him to act, and act country’s competitiveness and eco- foreign competitors, and they are tak- soon, and I encourage my colleagues to nomic vitality. Americans such as Kris ing them over because we are dilly-dal- support it. The time for dithering and know the benefits of a good day’s work, lying here instead of doing what is deliberation is over. Let’s adopt my and he could not have done this with- right. out trade adjustment assistance. That Our economy and our workers are amendment and ensure that our work is why I must oppose the Hatch amend- suffering under horrific levels of unem- in moving TAA forward leads to the ment. The amendment would withhold ployment. Almost 1 in 10 American promised result—submission of three trade adjustment assistance benefits to workers are out of a job under this ad- pending free-trade agreements by the ministration, and we can’t afford to President and their quick enactment this bill until a free-trade agreement throw away any opportunity to create into law. with South Korea and Colombia and jobs. Yet this is precisely what the I suggest the absence of a quorum. Panama is approved. It would delay The ACTING PRESIDENT pro tem- President is doing. The President him- Americans such as Kris from getting pore. The clerk will call the roll. self has said these three trade agree- the help they need to find good-paying The assistant legislative clerk pro- ments, once put into law, will amount jobs, and the amendment would delay ceeded to call the roll. to 250,000 new jobs, and that is not businesses such as New Holland Trade Mr. BAUCUS. Madam President, I something to sniff at. Company from hiring employees and While our economy remains troubled ask unanimous consent the order for growing their company. and while the rest of the world watches the quorum call be rescinded. The Senate is here this week to con- The ACTING PRESIDENT pro tem- in bewilderment as the United States sider the GSP trade adjustment assist- lets other countries take over our ex- pore. Without objection, it is so or- ance bill. It is my hope the Senate will port markets, we hear nothing but si- dered. pass it in short order and will send the Mr. BAUCUS. Madam President, it is lence from the President. A case in bill to the House, which is expected to my understanding there will be two point: The European Union’s exports to pass it shortly. South Korea increased almost 45 per- votes at approximately 12:30. One is on We have an agreement, and that is an cent in the first 20 days since that the amendment offered by the Senator agreement between the leadership of agreement went into force on July 1. from Utah, Senator HATCH, and an- both the House and Senate, an agree- Their share of Korea’s import market other by the Senator from Arizona, ment on how the Congress will consider increased from 9.5 percent to 10.3 per- Senator MCCAIN. I wish to explain, in a trade adjustment assistance and also cent in just 3 weeks. Meanwhile, the few minutes, why I think it is advis- how to consider free-trade agreements. U.S. share of Korea’s import market able for the Senate to not adopt either There is no need to legislate this proc- dropped from 10.5 percent to 8.4 per- of those two amendments. Let me first ess. In fact, doing so could substan- cent. Unless we act quickly, these address the amendment offered by my tially delay the process and disrupt dis- trends are likely to continue. good friend from Utah, Senator HATCH. agreements, not just disrupt trade ad- In an open letter to the President There are a lot of people looking for justment assistance but disrupt pas- and Congress, over 120 food groups and work. Today, about 14 million Ameri- sage of free-trade agreements. companies wrote: cans are looking for work. More than 6 I might add that there is a difference If there is any doubt about the seriousness million have been out of work for at between the legislative process with re- of the problem for U.S. agricultural exports, least 6 months. These Americans are spect to trade adjustment assistance one need only consider the damage that has looking to put in a good day’s work and free-trade agreements. Trade ad- already been done by the delay in imple- and looking to provide for their fami- justment assistance is legislation. It menting the Colombia Free Trade Agree- lies. At the same time, many employ- goes through the usual legislative proc- ment. Argentina and Brazil have negotiated ers cannot find enough skilled workers ess. It can be delayed. There is no re- trade agreements with Colombia that have to fill the jobs that are open. It is very given them preferential access. As a result, quirement that it be voted on. U.S.-produced corn, wheat, and soybeans difficult, because employers need peo- That is not true with free-trade have been hit hard, with the combined share ple with specialized skills. This is be- agreements. Once the President sends of Colombia’s imports for these products coming more and more true with each up a free-trade agreement, it enjoys a falling to 28 percent from 78 percent since passing year. We need workers who are certain fast-tack process under which 2008. good at math. We need workers who there must be a vote in both bodies That is a big drop, mainly because of are good with their hands, who are after a certain period of time. It is not the dillydallying on this trade agree- trained in high-tech manufacturing. imperative between the legislative ment. The bottom line is, employers need an process in one and the special fast-

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The service sector has expanded trade agreements. I think a vast major- will do so. just since 2002, and we have trade with ity of the Members of this body and in I have very strong assurance from other countries with which we do not the other body, together, want both of the White House that is the case. In have free-trade agreements. these matters passed. fact, that is the agreement with the I believe trade adjustment assistance I must say if we had amendments leadership, that if the trade adjust- should cover workers both in manufac- here, despite them being defective on ment assistance passes, then the free- turing and services. It should cover the merits, if amendments are added, it trade agreement will come up and be workers whose jobs move to any coun- is going to delay the process further. voted on and passed in the House and try, especially China, whether it is an The House will have to amend it again, then voted on and passed in the Senate. FTA country—free-trade agreement send it back over here, and it is going The best way to support our trade country—or not. to very much delay both the trade ad- agenda and the best way to support These changes in realities have justment assistance and the free-trade free-trade agreements is to not accept prompted me and my colleagues to up- agreements. For those reasons I urge the amendment as offered by my good date that program, to update it from that those amendments not be agreed friend from Utah so we can get both what it was in 2002. It was updated in to. passed very quickly. 2009. When they updated it in 2009 the I yield the floor. AMENDMENT NO. 625 law brought trade adjustment assist- The ACTING PRESIDENT pro tem- Virtually, the same is true with re- ance more fully to the 21st century by pore. The Senator from Utah. spect to the amendment offered by providing Americans with training for Mr. HATCH. Madam President, noth- ing of the sort is going to happen. The Senator MCCAIN. I oppose Senator the new economy. Unfortunately, those fact is, we have had nothing but delays MCCAIN’s amendment. He wants to go expanded provisions expired in Feb- back and undo some of the progress ruary. They are gone. That had a big by the President. Just a few weeks ago he was accusing us of not passing the that was made in trade adjustment as- impact. Thousands of workers were de- free-trade agreements when he knows sistance. Let’s start with the 2002 trade nied access because the expiration of we cannot even consider them. There adjustment assistance law. That made the expansion of trade adjustment as- have been a lot of games played with important changes in trade adjustment sistance. For example, more than 1,000 service us. assistance. In fact, I helped write that I remember last spring in our com- sector workers in both Texas and Vir- law. mittee when the Trade Representative In 2002 trade adjustment assistance ginia were denied TAA benefits when said: We have a few more things we covered manufacturing workers, and it the 2009 law expired earlier this year. have to work out on Panama and Co- covered workers whose jobs shifted to These workers likely will be eligible lombia, and we will definitely send countries with which we had a free- under the trade adjustment assistance these free-trade agreements before the trade agreement. So it covered workers compromise I negotiated with Chair- August recess. who were in manufacturing who lost man CAMP. Chairman DAVID CAMP, We got near the August recess, and their jobs, and then it covered workers chairman of the House Ways and Means they said: Well, we need one other whose jobs were shifted to countries Committee, and I and our staffs spent a thing. We need trade adjustment as- with which we had a free-trade agree- lot of time getting an agreement on sistance. ment. Other aspects of American em- trade adjustment assistance, what the Now, if they need trade adjustment ployment, such as services, did not provisions should be, how far the ex- assistance—and I have no doubt that is cover the jobs that shifted to countries pansion should go, and how it should be going to pass in the Senate if there is with which we did not have a free-trade paid for. It was an agreement, a bipar- a fair process. I do not believe there is agreement. tisan agreement. There is not much of any doubt it will pass in the House. That 2002 law not only covered manu- that around here, but we worked hard The agreement worked out by the dis- facturing workers and workers whose and got the job done. tinguished chairman and Chairman jobs shifted to countries with which we I must say, however, under Senator CAMP over in the House probably will had a free-trade agreement, it also dou- MCCAIN’s amendment, these service be voted on. I have to vote against it. bled training funds. Doubled it. Train- workers I mentioned would remain The fact is, all my amendment—it ing is so critical. It also provided a new shut out. They would not qualify. I does evidence some distrust in this tax credit to help Americans better af- think it is time to bring us into the process. All my amendment does is say: ford health insurance for themselves modern world. It is time to provide Look, we are not going to allow trade and their families. That is no small equal access to all Americans regard- adjustment assistance to go into effect item. We all know how hard it is to get less of whether they work on a factory until these three trade agreements are health insurance especially for individ- floor or a call center. It should not sent by the President and passed. Both uals in small firms. We are not talking matter. If you lose your job on account bodies can pass the trade adjustment about big companies. We are talking of trade, you should get trade adjust- assistance on this bill, and that is fine about individuals who have lost their ment assistance benefits regardless of with me. My amendment says TAA jobs. We also know how expensive whether the job moves to Mexico, a does not go into effect until the Presi- health care is; therefore, there is a country with whom we do have a free- dent submits these three treaties, and great need for health insurance. Again, trade agreement or if the job moves to they are passed and become law. Then that 2002 change of the trade adjust- a country such as China, a country trade adjustment assistance goes. ment assistance doubled training with whom we do not have a free-trade That is a very fair way of doing this. funds. Training is so important in to- agreement. It is a way of saying to everybody: day’s modern society, and it provided a I, therefore, urge my colleagues to Let’s get rid of the mistrust. Let’s do new tax credit to help Americans bet- oppose the McCain amendment. I think this in a straight-up way. Let’s do it so ter afford health insurance. it is unwise. I might also add that if ei- everybody knows what is going to hap- Our economy has changed since 2002. ther of these two amendments pass, pen. Trade adjustment assistance will America’s strength in manufacturing guess what. It gets all gummed up over ultimately come into effect, but only expanded to include a robust services in the House. The House, therefore, after the administration lives up to sector, which is now 80 percent of our cannot take up the clean trade adjust- submitting these trade agreements and economy. Madam President, 80 percent ment assistance amendment. We have they are passed. of our economy today is services. It is to go back all over again, amend it Why would we want trade adjustment all different facets. It is call centers, again, back and forth. assistance to pass if these three trade

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Why would we do being picked on or are not being treat- House and the Senate, then let’s bring that if we are not going to have these ed fairly. up the three free-trade agreements three trade agreements become law? It By the way, I would be one of the which should pass readily in both just makes no sense. Mine is a prac- first to make sure they are treated Houses. Once they become law, trade tical amendment. fairly. I am one of the few people in adjustment assistance comes into It says let’s get rid of the game play- this whole body who earned a union being. ing. We will do this if you do this. card. I worked in the building and con- That is a fair, responsible way of Frankly, the President promised to do struction trade unions for 10 years. I doing this in a way that does away it, and we are still standing here wait- acknowledge the distinguished Pre- with the mystery, does away with par- ing for the three trade agreements to siding Officer sitting in the chair tisanship, does away with be sent here. To me, it is hard to imag- earned a union card. I am not sure we Democratism and Republicanism and ine why the President is not doing this. can call that a union, working with gets this process down the road. By the way, on the trade adjustment the—just joshing. The entertainment For the life of me, I can’t understand assistance a little less than 7 percent of industry unions are not like the AFL– why anybody would argue with this. I our nongovernment workers are union- CIO. We are tough as nails. On the am calling on my Democratic friends ized. Yet one-third of these payments other hand, I have to retract that be- and saying: Let’s be bipartisan about will go to union members. I do not cause I have seen some people in the this. Let’s send a message to the Presi- blame my colleagues on the other side entertainment industry as tough as dent that we want those doggone trade for wanting to help anybody who is out nails, and the Presiding Officer is one. agreements up here. He controls that of work or anybody who belongs to a No question about it. I have great ad- process. I just found it astounding trade union. But do we always have to miration for him. But he ought to be when he came out and said: I wish they do it in a slanted way that helps one with me on this. He ought to be with would pass the three free-trade agree- small sector of the workers in this me because all we are saying is, look— ments when he knows we can’t until he country and not the rest of them? It is and the most that would happen is a sends them. a problem. We have unemployment in- few days, enough to get the free-trade This agreement is not only fair, it is surance to take care of people who are agreements passed in the House. the right thing to do. It may be the out of work. We should do that. It is So what I am saying is, first of all, only way we are going to get these important we do that. Trade adjust- let’s get the President to do what he three free-trade agreements done. I ment assistance is just adding some has blamed us for not doing; that is, to would like to hear a good argument more payments on top of that. send these three free-trade agreements against them, but there isn’t any. With There is a real question whether we with these countries that are so impor- these free-trade agreements, I believe should do it here because I asked the tant to us and we are important to there will be thousands of jobs created. representatives of the administration them. We are losing business every day I am not sure there will be 250,000 as in the committee what jobs are going because this is being dragged out for so the administration claims, but I be- to be lost as a result of these three long. Send them so we can vote on lieve there will be many jobs at a time agreements. They could not come up them. TAA will pass here, and I believe when we need jobs. with one. There will be, according to it will pass over there with the process Trade adjustment assistance—there the administration, 250,000 new jobs we have. are a lot of sincere people in this body that will occur, or at least jobs that All I am saying is it doesn’t become and in the other body who believe it is will occur and will be sustained by effective because we shouldn’t be pay- absolutely essential, even though there these three trade agreements once they ing for people when we don’t have free- was not one shred of evidence as far as are enacted into law. trade agreements that are the basis for I heard that any jobs would be lost as Just yesterday my friends on the paying people. All I am saying is they a result of these two free-trade agree- other side voted down trade promotion don’t come into existence—the TAA ments. But I am willing to understand authority. I cannot imagine why any doesn’t come into existence until after there may be some loss, and there- President would not want trade pro- these free-trade agreements are rati- fore—and even if there aren’t, to get motion authority. fied, are voted up or down, and become these three free-trade agreements It is mind-boggling to me that this law—voted up and become law. That is through, the other side says we have to President doesn’t want it. It is the only fair. It is an intelligent approach to it. pass TAA. Fine. Let’s pass it through way we are going to be able to get free- It ends the mystery. It ends what some both bodies. Let’s make it subject to trade agreements done. Otherwise, we people think is a convoluted process. It getting the three free-trade agree- are going to have to do it through ends what some people think is not a ments passed into law because it other legislative processes, which is good-faith process. It does it in a way should be subject to that. much more arduous, much more dif- that doesn’t hurt anybody, and it just There is no reason in the world why ficult, and does not come up with just says: Look, let’s do it straight up so we would add more spending from a an up-or-down vote. There is a reason there is no more arguing or moaning or trade adjustment assistance standpoint for this process, and that is to be able groaning or accusations that one side unless we have these three free-trade to do free trade in this country. Yet is not being fair to the other. Let’s just agreements. That is the argument for every time we turn around there is an- do it this way. the trade adjustment assistance that other roadblock thrown up by the So I am calling on my colleagues on our colleagues on the other side and other side, as though they don’t want the other side to vote for my amend- some on our side are making. I have a free trade. I understand that for some ment. They don’t lose a doggone thing. feeling this is the way to get this done. unsubstantiated or ridiculous reason In fact, it will help this process along, It is the smart way to get it done. It is the unions don’t like free-trade agree- and that is one reason I brought it up. the honorable way to get it done. It is ments, even though they are going to, I am personally not sure trade ad- the truthful way to get it done. It is according to the administration, create justment assistance will pass without the bipartisan way to get it done. 250,000 new jobs—or jobs, anyway. Why my amendment. That is one reason I I think people know I have a reputa- wouldn’t they like those? They have an brought it to the Senate floor—because tion for being able to bring both sides opportunity to unionize companies it is a fair, decent, honorable way of together from time to time, and that is that come into existence. saying, OK, let’s get rid of the mys- what I am trying to do. This is not a By the way, even under the stilted, teries. Let’s get rid of the arguments. political game as far as I am con- one-sided National Labor Relations Let’s get rid of the partisanship. Let’s cerned. I do want these three free-trade

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5808 CONGRESSIONAL RECORD — SENATE September 21, 2011 agreements because I know it would be Today I wish to focus on inter- more than 3 percent of all Utah em- great for our country. We are losing national trade and why I am so pas- ployees in the private sector. These are business. We have gone down from 74 sionate about opening new markets to well-paying jobs. U.S. subsidiaries of percent agricultural exports to Colom- our goods and services. It gets repeated foreign companies pay an average com- bia to 28 percent. Anybody with brains ad nauseam that 95 percent of our po- pensation of over $68,000 per year. And would say we shouldn’t have allowed tential customers live outside of the let’s not forget all of the spending by that to happen, and it wouldn’t have United States, and there is no doubt international visitors to our world- had we passed these three free-trade that trade is vital to America’s com- class colleges and universities, ski re- agreements, or at least the Colombia petitiveness. But trade has immediate sorts, and parks. one, last year. But Korea is such a big, and particular importance to jobs and That is why I have been pushing so even greater trading partner than Co- the economy in my home State of Utah hard to get the three FTAs with South lombia—although, when I look at what as well as every other State. Korea, Panama, and Colombia passed President Uribe and what President Last year alone companies in Utah and implemented. It is not the only Santos, the current President, have shipped over $13 billion in merchandise reason, but it is certainly a reason. done to straighten out that country exports to international markets—$13 These agreements have been sitting and get rid of the terrorists and to billion—supporting nearly 93,000 jobs in idle for far too long. They were nego- bring down the violence against union our State. Think about that: $13 billion tiated during the administration of members and so forth, they deserve our and close to 100,000 jobs thanks to prod- President Bush. They were wrapped in support. They deserve these agree- ucts Utah companies sold outside the a bow for President Obama, ready to go ments. borders of the United States. My State the day he took office. His own admin- When I look at Korea and what an is only one State. I think every State istration has made some changes in important partner they are in our can tell a similar story. That doesn’t them that these three countries have trade—and we are losing trade to them even include our service providers, who agreed to. Yet President Obama still now; others are taking it away from us similarly take advantage of opportuni- has not sent them to Congress for a because we haven’t passed the Korean ties across the globe. Companies in vote, which is astounding to me. The agreement—my gosh, it doesn’t take Utah exported to over 190 foreign mar- President himself says these three any brains to realize we are not acting kets; companies such as Varian Med- agreements will create 250,000 new jobs. like friends to Korea. ical Systems, which produces cutting- His failed stimulus, his burdensome Then look at Panama. Panama is one edge x ray products that assist with overregulation of business, his pench- ant for taxing and spending to ‘‘redis- of the financial centers of this hemi- various cancer treatments and indus- tribute wealth’’ all rubbed salt in the sphere. It is a great nation. It is impor- trial security screening and which pro- wounds of a difficult economy. We are tant to us, above all people. It is dis- vides over 700 people with good-paying now left with an unemployment rate of honorable for us to not pass the Pan- jobs in our State. amanian Free Trade Agreement that By removing barriers to trade, free- 9.1 percent. You would think the Presi- they worked out with us and which we trade agreements level the playing dent would be eager to do something everyone agrees would actually create had to add labor language in each one field for our companies operating in real jobs, and not just real jobs, great of these agreements that wasn’t there markets abroad. This has an imme- jobs. But the FTAs with South Korea, before because of this administration’s diate and observable impact on trade. Panama, and Colombia remain on his fealty to organized labor. Fine. Following the implementation of every Why don’t we do what has to be done desk. U.S. bilateral or regional free-trade While the President stands still, the to pass these three free-trade agree- agreement, Utah has increased its ex- world continues to forge ahead. China ments and to get the support for TAA ports to partner countries. continues to pursue policies that boost for those who believe that is the right Let me give two examples. Utah’s ex- its growth at our expense. Other coun- way to go and get rid of any kind of ports to Morocco experienced growth of tries around the world continue to ne- concerns that one side or other would over 2,000 percent after the United gotiate trade agreements that exclude not live up to its share of the battle. States implemented a free-trade agree- the United States, putting Utah ex- My amendment will do that. ment with them, and Utah’s exports to porters at a serious disadvantage, as I hope it is not just a partisan vote. Singapore increased by over 800 percent well as other States. The consequences I hope we have some Democrats who after we implemented that FTA. of this administration’s trade paralysis will vote for my amendment. If we do, Listening to some of the pundits, it are real. I think it will push this whole process would be easy to draw the conclusion By way of example, the U.S. share of forward in a way that makes sense. that exports in free trade are only im- Colombia’s agricultural imports has al- Mr. President, let me just dwell a few portant to large, multinational compa- ready fallen from nearly 44 percent in minutes on one of the things I would nies; but nothing could be further from 2007 to 21 percent in 2010. The EU and like to get across. People ask me why the truth. In 2008, the most recent year Canada swooped in to fill this vacuum. I spent years working toward a leader- for which we have statistics, 86 percent Both have now negotiated free-trade ship position on the Senate Finance of Utah’s exporting companies were agreements with Colombia. Committee. It is pretty simple. The Fi- small or midsized companies. For the During President Bush’s Presidency, nance Committee has jurisdiction over entrepreneurs who lead these small and we passed trade agreements with 14 issues that matter not only to the peo- midsized companies, international countries, providing a significant boost ple of Utah but to everybody: the trade is their lifeblood. But exports are to the U.S. economy. By contrast, bloated Tax Code we have, the inherit- only part of the story. President Obama has not submitted a ance taxes, health programs such as Thanks to low taxes, family-friendly single trade agreement to Congress. Medicare and Medicaid, Social Secu- values, and a well-educated, motivated, It certainly does not help that the rity, issues that go to the heart of and internationally savvy workforce, President has refused to spend any po- international trade such as customs Utah is a place where people want to litical capital to seek trade negoti- duties, tariff, and import quotas, and live and work. And it is not just the ating authority from Congress. The free-trade agreements. I could go on greatest skiing in the world, although need for it is obvious: Without it, we and on. It is a very important com- that certainly is a draw. cannot pass good agreements to open mittee. When foreign companies look to grow foreign markets for our exports. That Sixty percent of all spending in this their operations or gain a foothold in is why every President since FDR has government comes through the Fi- the U.S. market, they increasingly sought this authority. Why doesn’t this nance Committee. Being the lead Re- look to Utah to site their operations. President? I think it is a lack of experi- publican on the Finance Committee These companies invest significant ence, personally. He is smart enough to gives me a unique platform to shape all amounts of capital to open or expand understand this. of these policies in a way that works facilities in our State every year. Every President but one has sought best for my home State of Utah, and I Foreign-owned companies employ it. The only one who has not is our cur- hope the Nation as a whole. over 34,000 workers in Utah. That is rent President. But whether he seeks it

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5809 or not, I am going to work to see that There will be 2 minutes of debate ment Assistance Program. This amend- he gets it. And when he does, you can equally divided prior to the vote. ment would cut back to the be sure it will be designed to shape his Mr. HATCH. My understanding is prestimulus number of the TAA. negotiating objectives so that the re- both sides are waiving the 2 minutes of It is pretty simple. It would save at sulting agreements embody high stand- debate time. least $600 million per year on question- ards that best serve the economies of The PRESIDING OFFICER. Without able programs of questionable effec- the United States and, in particular, objection, it is so ordered. tiveness. But the point is, the stimulus my home State of Utah. Mr. HATCH. I ask for the yeas and was supposed to be a temporary in- It is vital that future trade agree- nays. crease in spending and not a permanent ments—such as the proposed Trans-Pa- The PRESIDING OFFICER. Is there a one. The Reid package makes most of cific Partnership Agreement between sufficient second? There is a sufficient it—at least 65 percent of it—perma- the United States and six other na- second. nent. The least we can do is cut it back tions—protect the intellectual prop- The clerk will call the roll. to prestimulus levels, which is sup- erty of our innovators and content cre- The legislative clerk called the roll. ported by the National Taxpayers ators, level the playing field for our Mr. DURBIN. I announce that the Union. I know that will be very persua- companies which are often forced to Senator from West Virginia (Mr. sive to my friends on the other side of engage in lopsided competition with ROCKEFELLER) is necessarily absent. the aisle. state-owned companies and national Mr. KYL. The following Senator is The PRESIDING OFFICER. The Sen- champions, enable modern day inte- necessarily absent: the Senator from ator from Montana is recognized. grated global supply chains, and en- Indiana (Mr. LUGAR). Mr. BAUCUS. Mr. President, this hance market access for both goods The PRESIDING OFFICER (Mr. country has an extremely high unem- and services providers. UDALL of New Mexico). Are there any ployment rate. We all know a lot of In the months and weeks ahead, we other Senators in the Chamber desiring people are losing jobs and some are los- have the opportunity to shape the eco- to vote? ing jobs on account of trade. The world nomic future of our great Nation and The result was announced—yeas 44, has changed, even as recently as 2002. my own great State of Utah. I am nays 54, as follows: In 2002, the law said: OK. If a person going to do my part to ensure that [Rollcall Vote No. 142 Leg.] loses a job on account of jobs going to trade plays a central part in that equa- YEAS—44 a free-trade country, they are eligible tion. Alexander Enzi McConnell for trade adjustment assistance, but it I hope everybody in this body realizes Ayotte Graham Moran has to be a manufacturing job. how important this is and that we Barrasso Grassley Murkowski That was changed in 2009 because the Blunt Hatch should not keep playing these games Paul country has changed. There are a lot of Boozman Heller Portman because we have political opportunism. Brown (MA) Hoeven Risch countries with which we trade that are Then again, that is another reason for Burr Hutchison Roberts not FTA partners—China, India. It my amendment. My amendment says Chambliss Inhofe Rubio Coats Isakson makes eminent sense, if someone loses Sessions the games will be over. Both sides will Coburn Johanns a job on account of trade with any Shelby vote on TAA. The President will have Cochran Johnson (WI) Thune country, that person should be eligible to submit the agreements. Once the Corker Kirk for trade adjustment assistance and Cornyn Kyl Toomey agreements are passed and made into Crapo Lee Vitter not just with FTA countries. law, TAA comes into existence. And it DeMint McCain Wicker Secondly, we expanded that to serv- should not come into existence until NAYS—54 ices. Eighty percent of the workers in after these agreements become law. our country are in the services sector, Akaka Gillibrand Murray What it says to everybody is: Look, Baucus Hagan Nelson (NE) not the manufacturing sector. That ad- the games are over. This is the way to Begich Harkin Nelson (FL) dition was also provided for in 2009. do it. This is the fair way to do it. This Bennet Inouye Pryor For technical reasons also, if this is the bipartisan way to do it. Bingaman Johnson (SD) Reed Blumenthal Kerry Reid amendment passes, it jeopardizes both Wouldn’t it be wonderful if we could Boxer Klobuchar Sanders TAA as well as FTA because every- get these free-trade agreements Brown (OH) Kohl Schumer thing has to be renegotiated. So I urge passed? Wouldn’t it be a wonderful Cantwell Landrieu Shaheen this amendment not be agreed to. achievement for all of us here—a bipar- Cardin Lautenberg Snowe Carper Leahy Stabenow The PRESIDING OFFICER. All time tisan achievement, with the President Casey Levin Tester has expired. getting lots of credit for it? I think it Collins Lieberman Udall (CO) Mr. MCCAIN. I ask for the yeas and would be a good thing. If we cannot do Conrad Manchin Udall (NM) Coons McCaskill Warner nays. this, then you can imagine what this Durbin Menendez Webb The PRESIDING OFFICER. Is there a place is going to become in the future. Feinstein Merkley Whitehouse sufficient second? My amendment is the way you get Franken Mikulski Wyden There appears to be a sufficient sec- there. NOT VOTING—2 ond. I am hoping my colleagues on the Lugar Rockefeller The question is on agreeing to the other side listen to this. I hope they The PRESIDING OFFICER. On this amendment. pay attention. I sure hope they vote for The clerk will call the roll. this amendment because if they do not, vote, the yeas are 44, the nays are 54. Under the previous order requiring 60 The assistant legislative clerk called I question whether we will ever have the roll. these free-trade agreements. votes for the adoption of this amend- ment, the amendment is rejected. Mr. DURBIN. I announce that the Mr. President, I suggest the absence Senator from West Virginia (Mr. AMENDMENT NO. 625 TO AMENDMENT NO. 633 of a quorum. ROCKEFELLER) is necessarily absent. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Are there FRANKEN). The clerk will call the roll. the previous order, the question is on any other Senators in the Chamber de- The bill clerk proceeded to call the amendment No. 625, offered by the Sen- siring to vote? roll. ator from Arizona, Mr. MCCAIN. There The result was announced—yeas 46, Mr. HATCH. Mr. President, I ask will be 2 minutes of debate, equally di- nays 53, as follows: unanimous consent that the order for vided, prior to the vote. [Rollcall Vote No. 143 Leg.] the quorum call be rescinded. The Senator from Arizona. The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, the YEAS—46 objection, it is so ordered. stimulus passed in 2009 was purported Alexander Burr Corker Ayotte Chambliss Cornyn Under the previous order, the ques- to be temporary. As part of that mas- Barrasso Coats Crapo tion is on agreeing to amendment No. sive piece of legislation, we made a sig- Blunt Coburn DeMint 641 offered by the Senator from Utah, nificant expansion and added at least Boozman Cochran Enzi Mr. HATCH. $600 million a year to the Trade Adjust- Brown (MA) Collins Graham

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5810 CONGRESSIONAL RECORD — SENATE September 21, 2011 Grassley Kyl Roberts SEC. 224. MODIFICATION OF TRADE ADJUSTMENT tions Act, which was signed by Presi- Hatch Lee Rubio ASSISTANCE ELIGIBILITY REQUIRE- dent Carter in 1979, and which remains Heller Lugar Sessions MENTS. Hoeven McCain Shelby (a) TRADE ADJUSTMENT ASSISTANCE FOR the law of the land today. The Taiwan Hutchison McConnell Thune WORKERS.—Section 222 of the Trade Act of Relations Act states that the United Inhofe Moran Toomey 1974 (19 U.S.C. 2272), as amended by section States will provide to Taiwan the de- Isakson Murkowski Vitter 211(a), is further amended— fense articles necessary to enable Tai- Johanns Paul Wicker Johnson (WI) Portman (1) in subsection (a)(2)— wan to maintain sufficient self-defense Kirk Risch (A) in subparagraph (A)(iii), by striking capabilities in furtherance of main- ‘‘contributed importantly to such workers’ NAYS—53 taining peace and stability in the west- separation or threat of separation and to’’ Akaka Hagan Nelson (NE) ern Pacific region. and inserting ‘‘was a substantial cause of What does sufficient self-defense ca- Baucus Harkin Nelson (FL) such workers’ separation or threat of separa- Begich Inouye Pryor tion and of’’; and pabilities mean? President Reagan, in a Bennet Johnson (SD) Reed memorandum he dictated dated August Bingaman Kerry (B) in subparagraph (B)(ii), by striking Reid 17, 1982, laid it out. This is about the Blumenthal Klobuchar Sanders ‘‘contributed importantly to’’ and inserting Boxer Kohl Schumer ‘‘was a substantial cause of’’; time the third communique between Brown (OH) Landrieu Shaheen (2) in paragraph (3)(B) of subsection (b), as Communist China and the United Cantwell Lautenberg Snowe redesignated by section 211(a), by striking States was formally adopted, because Cardin Leahy Stabenow ‘‘contributed importantly to’’ and inserting Carper Levin the Chinese wanted to know exactly Tester Casey Lieberman ‘‘was a substantial cause of’’; and what this meant. Were arms provided Udall (CO) Conrad Manchin (3) in subsection (c), as redesignated and to Taiwan a threat of aggressive weap- Coons McCaskill Udall (NM) amended by section 211(a), by striking para- Durbin Menendez Warner graph (1) and redesignating paragraphs (2) onry or purely for defensive purposes? Feinstein Merkley Webb through (4) as paragraphs (1) through (3), re- According to James Lilley, who was Franken Mikulski Whitehouse spectively. America’s top representative in China Gillibrand Murray Wyden (b) TRADE ADJUSTMENT ASSISTANCE FOR at the time and who later served as NOT VOTING—1 FIRMS.—Section 251 of the Trade Act of 1974 Ambassador to China under George Rockefeller (19 U.S.C. 2341) is amended— Herbert Walker Bush, that is what this (1) in subsection (c)— The PRESIDING OFFICER. On this was designed to do, to crystalize what (A) in paragraph (1)(C), by striking ‘‘con- the nature of the weapons sales to the vote, the yeas are 46, the nays are 53. tributed importantly to such total or partial Under the previous order requiring 60 separation, or threat thereof, and to’’ and in- Taiwan Government would be used for. votes for the adoption of this amend- serting ‘‘were a substantial cause of such This memorandum from President ment, the amendment is rejected. total or partial separation, or threat thereof, Reagan in August 17, 1982 laid it out: The Senator from Montana is recog- and of’’; and . . . it is essential that the quantity and nized. (B) in paragraph (2)— quality of the arms provided Taiwan be con- Mr. BAUCUS. Mr. President, I ask (i) by striking subparagraph (A); ditioned entirely on the threat posed by the unanimous consent that Senator (ii) by striking ‘‘(B)’’; and People’s Republic of China. Both in quan- (iii) by redesignating clauses (i) and (ii) as titative and qualitative terms, Taiwan’s de- HATCH or his designee be recognized to subparagraphs (A) and (B), respectively, and fense capability relative to that of the PRC offer amendment No. 642; that fol- moving such subparagraphs, as so redesig- will be maintained. lowing the Hatch amendment Senator nated, 2 ems to the left. This is strictly for giving Taiwan the CORNYN be recognized for debate only (c) TRADE ADJUSTMENT ASSISTANCE FOR ability to defend itself against poten- for up to 15 minutes; then Senator KYL FARMERS.— tial Communist actions by Communist or his designee be recognized to offer (1) IN GENERAL.—Section 292(c)(3) of the China. It was directly proportional and amendment No. 645 anytime prior to 5 Trade Act of 1974 (19 U.S.C. 2401a(c)(3)) is reciprocal to the threat posed by the p.m.; that the time until 5 p.m. be for amended by striking ‘‘contributed impor- People’s Republic of China. debate on the Hatch and Kyl amend- tantly to’’ and inserting ‘‘was a substantial cause of’’. But Ronald Reagan was not alone in ments and be equally divided between this interpretation. In fact, both Demo- the two leaders or their designees; that (2) CONFORMING AMENDMENT.—Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is crats and Republicans over the years at 5 p.m., the Senate proceed to vote in amended by striking paragraph (3) and redes- have supported numerous arms sales to relation to the Hatch and Kyl amend- ignating paragraphs (4) through (7) as para- the Government of Taiwan, including ments, in that order; that there be no graphs (3) through (6), respectively. the current request for 66 F–16 C/D ad- amendments, points of order, or mo- The PRESIDING OFFICER. The Sen- vanced fighter aircraft. tions in order to either amendment ator from Texas is recognized. So far this year, 47 Republicans and prior to the votes other than budget Mr. CORNYN. Mr. President, we are Democrats have signed a letter—these points of order and the applicable mo- talking about trade, how we create are Senators—to the administration in tions to waive; that each amendment markets for what Americans grow or support of this sale. In August, 181 be subject to a 60-affirmative-vote build and sell abroad, which creates Members of the House of Representa- threshold; and there be 2 minutes of de- jobs here at home. But I wish to talk tives, Republicans and Democrats bate equally divided prior to each vote. about a rather specialized area of alike, wrote to the administration en- The PRESIDING OFFICER. Without trade, and that has to do with foreign dorsing this same sale. objection, it is so ordered. military sales, and particularly I wish Why is Taiwan asking for these air- The Senator from Utah is recognized. to talk about a topic Senator MENEN- craft and why do so many Democrats AMENDMENT NO. 642 TO AMENDMENT NO. 633 DEZ and I introduced a bill on last week and Republicans join together in a bi- Mr. HATCH. Mr. President, I send an called the Taiwan Air Power Mod- partisan way on this issue when the amendment to the desk and ask for its ernization Act of 2011. This bill re- parties seem to be so polarized by so immediate consideration. The assistant legislative clerk read quires the U.S. Government to respond many other issues? The answer is sim- as follows: to the request of the Government of ple and straightforward: Taiwan’s air Taiwan for the sale of at least 66 F–16 defense capabilities are nearly obso- The Senator from Utah [Mr. HATCH] pro- poses an amendment numbered 642 to amend- C/D fighter aircraft to Taiwan. lete, while China’s military capabili- ment No. 633. That sounds like a mouthful and a ties are growing at an alarming rate. Mr. HATCH. I ask unanimous consent big subject, and it is, but let me try to This chart demonstrates the problem. the reading of the amendment be dis- put some meat on the bone and explain On the right in the red you will see pensed with. why I think this is so important. that China has 2,300 operational mili- The PRESIDING OFFICER. Without Support of the people of Taiwan has tary combat aircraft, while Taiwan has objection, it is so ordered. been a bipartisan priority for decades. 490 operational combat aircraft. But The amendment is as follows: Democrats and Republicans supported air defense is not just a numbers game. (Purpose: To modify the eligibility require- the Mutual Defense Treaty with Tai- Quality of those aircraft matters a ments for trade adjustment assistance) wan, signed by President Eisenhower in lot—just as much as quantity. So what On page 31 of the amendment, between 1954. Democrats and Republicans came about the quality of Taiwan’s existing lines 6 and 7, insert the following: together and passed the Taiwan Rela- forces?

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5811 According to our own intelligence ate. A number of my colleagues visited it is not so obvious to everyone. Since services, the Defense Intelligence Beijing last April where they report- we are talking about trade, what we Agency, in an unclassified report last edly received a lecture from Chinese of- grow and we sell to people abroad cre- year, said that ‘‘many of Taiwan’s ficials on fiscal policy. Just last week, ating jobs at home, it is worth men- fighter aircraft are close to or beyond more to the point of this topic, China’s tioning that selling F–16 aircraft to service life, and many require exten- top official newspaper used a lot of un- Taiwan creates jobs and exports for the sive maintenance support.’’ necessary and bellicose rhetoric on the U.S. economy and does not cost 1 China’s capabilities, on the other subject of the proposed U.S. arms sales penny of taxpayer money. This map hand, are clearly newer and clearly to Taiwan. This official newspaper of demonstrates all the States in which growing and clearly focused on intimi- the Communist Party in China said direct and indirect employment from dating Taiwan and the United States. that those of us on Capitol Hill who which the export sales of F–16s to Tai- China’s official press agency reported support Taiwan are ‘‘madmen.’’ They wan is projected to be at least 60 per- in March that the People’s Republic of said we were ‘‘playing with fire.’’ They son years of employment, which is the China will increase its military budget said we could pay a ‘‘disastrous price’’ equivalent of 10 American workers em- this year by 12 percent, after an in- if we continued to support our ally Tai- ployed full time for 6 years. crease last year of 7.5 percent. But the wan, as we are obligated to do by the As you can see from this map, 32 Pentagon estimates that China’s offi- Taiwan Relations Act. States will have that level of job cre- cial military budget of about $90 bil- I suggest the United States should ation or more as a result of the sale of lion they disclose, is actually far less not give in to this intimidation and these F–16s, making the sale of the F– than the $150 billion they actually these threats, and that we should in- 16s to Taiwan a coast-to-coast job en- spend. In other words, they only dis- stead pass this legislation to send a gine. In fact, according to the close part of their expenditures on na- clear message to China that respects Perryman Group, the requested sale of tional security and not the full only strength, not weakness; that the F–16C/Ds to Taiwan ‘‘would generate some $8.7 billion in output; and di- amount, which is some $150 billion. The real madmen are those who think rectly support more than 23,000 jobs.’’ question is, who does China intimidate America will abandon our friends and As I pointed out earlier, these jobs do allies and our principles and our long- with this growing military power? not cost the American people one cent. Here is what the Pentagon had to say standing strategic interest in the sta- These are private sector jobs paid for in its 2011 report to Congress, called bility of East Asia. with money coming in from overseas ‘‘Military and Security Developments Supporting this legislation would because this is an export-driven indus- Involving the People’s Republic of also greatly reassure our allies and try. The only thing the U.S. Govern- China.’’ The Defense Department ob- friends around the world. Many remem- ment needs to do is get out of the way ber what happened when President served that China continued modern- and let these Americans continue to Clinton deployed two aircraft carrier izing its military in 2010, with a focus stay on the job and collect an esti- on Taiwan contingencies. battle groups during the Taiwan Strait mated $768 million in Federal tax reve- The Pentagon also noted that China’s crisis in 1996. That crisis developed nues. Yes, not only will we be selling air force will remain primarily focused when China tried to intimidate Taiwan these aircraft, creating jobs, we will be on ‘‘building the capabilities required on the eve of its first free Presidential generating revenue for the Federal to pose a credible military threat to elections by conducting a series of Treasury in the process, generated by Taiwan and U.S. forces in East Asia.’’ military exercises that included the this private sector, export-driven eco- Let me repeat that. The Pentagon firing of missiles a few miles north of nomic activity. noted that China’s air force will re- Taiwan. President Clinton responded I wish to thank the Senator from main primarily focused on ‘‘building by ordering the largest U.S. military New Jersey, Mr. MENENDEZ, for intro- the capabilities required to pose a cred- force since the Vietnam war to deploy ducing this legislation with me, and I ible military threat to Taiwan and U.S. to the region, including carrier battle thank my colleagues on both sides of forces in East Asia.’’ groups led by the USS Nimitz and the the aisle who have agreed to cosponsor Some say the United States should USS Independence. it. I hope more Senators will join us, not look at our policy with Taiwan in America’s show of strength and re- and I hope we will pass this bill soon. a vacuum, that we should consider the solve under President Clinton’s leader- I hope we can help American workers context of our larger strategic rela- ship did not escalate the crisis, it continue building these aircraft to tionship with China. I could not agree defused it, and it sent a welcome signal strengthen our friends, the people of more, because the strategic situation to our friends and allies in the region. Taiwan. with China these days is very trou- According to an article in the current Mr. President, let me just close on bling. Many of China’s neighbors are issue of Washington Quarterly, fol- this comment: This is standalone legis- concerned about its military buildup lowing the crisis, ‘‘the region’s con- lation I discussed here today, but I will and territorial ambitions. Last year, fidence in the United States soared.’’ be offering, in due course, an amend- China claimed the South China Sea as ‘‘ . . . Japan, Singapore, the Phil- ment to the pending bill that would a ‘‘core interest,’’ which unsettled ippines and other nations all bolstered mandate this sale. So I would ask my Vietnam, the Philippines, Indonesia, their security ties with the United colleagues to please join us in a bipar- and other nations in the region. China States.’’ The Taiwan Strait crisis was tisan way of showing our support for also renewed a long-running dispute one of the real foreign policy success our friends and allies in Taiwan and with India over the borders of the stories of the Clinton administration. generating jobs right here at home. Arunachal Pradesh region. But the authors of this same article Mr. President, I yield the floor. China continues to be an enabler of conclude that ‘‘forsaking Taiwan [now] The PRESIDING OFFICER. The Sen- the nuclear ambitions of the regime in would likely have the opposite effect.’’ ator from Vermont is recognized. North Korea. This summer, Google This bill deserves bipartisan support DISASTER ASSISTANCE publicly reported that a Chinese entity of the majority of Members of the Sen- Mr. SANDERS. Mr. President, my has been targeting the personal e-mail ate based on our longstanding bipar- State of Vermont has been hit very accounts of U.S. and South Korean tisan consensus on policy toward Tai- hard by Hurricane Irene. Widespread government employees, and Pakistan’s wan, the growing gap in military capa- flooding caused a number of deaths, the defense minister publicly discussed the bilities between the People’s Republic loss of many homes and businesses, and possibility of China building a naval of China and the Government of Tai- hundreds of millions—perhaps $1 bil- base at Gwadar, Pakistan, which is al- wan, China’s aggressive behavior to- lion—in damage to property and infra- ready home to a new strategically im- ward its neighbors and toward the structure. I have visited many of the portant port at the mouth of the Gulf United States, and America’s credi- most hard-hit towns, and I have been of Oman. bility with our allies and with free peo- shocked and moved by the extent of China, we know, has also escalated ples everywhere. the damage I saw. Irene will go down in its rhetoric aimed at the United I conclude by pointing out perhaps history as one of the very worst nat- States, and particularly the U.S. Sen- something that is obvious, but maybe ural disasters ever to hit the State of

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5812 CONGRESSIONAL RECORD — SENATE September 21, 2011 Vermont. Let me share a few facts with alone. The scale of this disaster is too that mean we should be cutting edu- you about the extent of the damage. overwhelming for a State of the size of cation or environmental protection in Already, more than 5,200 Vermonters Vermont. order to pay for help to New Mexico or have registered with FEMA. Remem- The Federal Government has long Colorado or California? If there is a ber, we are a State of only 630,000 peo- played an important role in disaster re- major earthquake someplace in this ple and approximately 200,000 house- covery. That is something we have country and communities are dev- holds, and yet more than 5,200 known for many years and we have astated, do we cut back on the needs of Vermonters have already registered seen time after time after time. When the children? Do we cut back on Medi- with FEMA. our fellow citizens in Louisiana and the care and have that huge debate in More than 700 homes were severely gulf coast suffered the devastation of order to pay for disaster relief? damaged or completely destroyed—700 Hurricane Katrina, people in Vermont Historically, the U.S. Congress has in a State which has about 200,000 were there for them, and I can tell you said—and what they said was right— households. how many people told me we have to do that when disaster strikes, we as a na- Between 1,500 and 2,000 families have everything we can to protect the peo- tion come together and we provide the been displaced, their housing uncertain ple who were devastated by Katrina. support to those communities which as we approach Vermont’s brutally When the citizens of Joplin, MO, were have been hurt to get them back on cold winter season. It is beginning to hit by deadly tornadoes, people on the their feet. That is what we have done get cold in Vermont. west coast were there for them. And, of in this great country, and I am of- More than 73,000 homes were left course, when terrorists attacked the fended that some of my Republican col- without electricity—one-third of all of United States on 9/11, we were all there leagues in the House suddenly start the homes in our State. Tens of thou- for New York City. That is what being thinking we need a major budget de- sands of Vermonters lost their phone a nation is about. bate for every disaster that is hitting service, and in some areas these serv- The name of our country is the this country. That is wrong. That is ex- ices still have not been fully restored. United States of America—‘‘united,’’ u- traordinarily bad public policy. That More than 2,000 roads were badly n-i-t-e-d—and if that name means any- is, frankly, unpatriotic and not what damaged—2,000 roads—including 135 thing, it means when disaster strikes the United States is about. Yes, of segments of State highways. More than one part of the country and commu- course, we must continue to address 300 bridges—300 bridges—were dam- nities are devastated, people are hurt, our deficit problem but not on the aged. Hundreds of roads and bridges re- bridges and roads are out, farmers can- backs of communities in Vermont, New main closed, while many others are not produce the food, we as a nation Jersey, North Carolina, or other States only open to emergency vehicles today. rally together to support those commu- that have been devastated by Hurri- Some towns still have limited access nities. That is what States impacted by cane Irene. For those States and com- because the roads and bridges that link Irene expect from Congress because munities, we must get them emergency them to the outside world were de- that is what being a nation is about. help, and we must get it to them as stroyed. Disaster relief, funded on an emergency quickly as possible. Further, dozens of town libraries, basis, is what Congress has done for Amazingly—I must say this—this townhalls, and municipal and volun- decades, and it is what Congress must talk about budget offsets for disaster teer fire departments have been dam- do now. relief comes from some of the same aged or destroyed. Ninety public The Senate did the right thing in people who repeatedly and conven- schools could not open on time. The quickly passing a $6.9 billion disaster iently ignore their own actions when it last one is just now opening for the relief supplemental appropriations bill, suits them. Congress provided $800 bil- year. and I wish to thank all of the people lion to bail out Wall Street banks. I did Hundreds of businesses and more active in that, from Senator REID, to not hear any discussion about offsets than 360 farms with more than 15,000 Senator LANDRIEU, to Senator LEAHY— when it came to bailing out Wall acres of farmland have been damaged, all of the people who made that hap- Street. Congress extended huge tax tearing at the fabric of our rural econ- pen. They did a great job. breaks and loopholes for the wealthiest omy. Does that bill have everything I people in this country, driving up the Our Amtrak and freight services were would like to see in a disaster relief deficit. I did not hear any call for off- completely suspended, as railbeds lit- bill for the State of Vermont? No, it sets when we gave tax breaks to bil- erally washed into rivers. One Amtrak does not, quite frankly. But it is a very lionaires and large corporations. The line is still down today. good bill. It is an urgently needed bill. United States is spending today $10 bil- The largest State office complex was It is an important step forward in the lion a year on the wars in Iraq and Af- completely flooded and is closed until right direction. I commend, again, all ghanistan, including billions to rebuild further notice. Mr. President, 1,600 of those Senators who played an active those countries. I did not hear any call State employees cannot go to work in role in moving that bill along, includ- for offsets when it came to the wars in that building. Important files and com- ing 10 Senate Republicans. Iraq and Afghanistan. puter systems have been ruined, dis- Disaster aid should not be a partisan Let me conclude by saying this: This rupting the ability of the State to de- issue, but it seems the House Repub- country has its share of problems. We liver critical State functions. licans are intent on making it one. The all know that. But if we forsake the es- I know that, as in times past, we will disaster funding the House is likely to sence of what we are as a nation; that pick up the pieces in Vermont and re- pass this week is totally inadequate is, we stand together when disaster store our homes and businesses. And I and will not address the magnitude of strikes, if we forgo that, if we no have to tell you that if there is any sil- the damages inflicted by Hurricane longer live up to that ideal, I worry ver lining out of that disaster, it is the Irene or the backlog in FEMA funding very much about the future of our fact that in community after commu- that existed before it. great Nation. nity, people came out, worked to- To my mind, it is an outrage that for Thank you, Mr. President. gether, and participated in cleanup ef- the first time in modern American his- The PRESIDING OFFICER (Mr. forts, supported each other. People tory House Republicans want to have a CARDIN). The majority leader is recog- from the northern part of the State, budget debate over disaster assistance. nized. which was hit less severely, came down They threaten to block urgently need- DISASTER RELIEF to the southern part of the State to ed aid unless the cost of that help is Mr. REID. Mr. President, last week help. Strangers helped strangers. It offset by cuts in other needed pro- the Senate passed three important was an extraordinary effort of people grams. They want to use Hurricane pieces of bipartisan legislation. It was coming together. But the simple fact Irene as another excuse for a budget really quite a productive week. We re- is, if a State such as Vermont has com- fight. And think about the precedent authorized the Federal Aviation Ad- munities that are devastated, a State that sets. What happens if tomorrow ministration, which kept 80,000 work- such as New Jersey has communities there is, God forbid, a disaster in New ers, including safety inspectors, on the that are devastated, we cannot do it Mexico or a disaster in Colorado? Does job. We passed a highway bill that

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5813 keeps 1.8 million people at work build- Turn on the Weather Channel and see could not send us what they had al- ing roads and bridges and dams. We why it is so important that we get ready agreed upon. reached a bipartisan agreement to rush FEMA the resources it needs to react In fact, they put an addition on the relief to communities devastated by quickly to whatever Mother Nature bill, a so-called rider on the bill, saying floods, tornadoes, and wildfires. So I sends our way. the Senate is only going to be able to was hopeful, as this week began, that it FEMA has already halted reconstruc- raise the debt ceiling if it agrees on would be productive. I thought Con- tion projects in 40 States to free funds their number on emergencies, recog- gress might be able to set aside party to react to immediate needs of commu- nizing that their number will only last politics to accomplish the important nities affected by the most recent dis- a few weeks. Here is what they did also work of this Nation. Instead, the tea asters. Because of these delays, FEMA that was so mean-spirited. As I have party has taken over again. The tea will take longer to rebuild bridges in outlined in detail, we have not paid for party Republicans have once again al- New Hampshire and schools in Missouri these disasters because they are emer- lowed partisanship to rear its ugly and homes in Texas, all because of Re- gencies. They are not in the normal head. publican stubbornness. budget process. Now House Republicans, obsessed I am stunned. We have Senators from But the House took money for more with pleasing a group of radicals—the States that have been devastated by efficient vehicles—they took that tea party, they are called—are refusing these disasters—one State, thousands money and said: We are going to pay to give the Federal Emergency Man- of fires, 2,000 homes burned. Why for $1 billion for the year 2011. The year agement Agency the funding it needs wouldn’t people vote to help people 2011 ends—fiscal year ends—the end of to reconstruct ravaged communities who have had such devastation? All this month, just a few days from now. across this great country, and they are politics. Everyone has said, we just need a few threatening to shut down the govern- FEMA has been there for people when million dollars to take care of it until ment if they do not get what they crops they have planted and counted on the end of this month. As I have indi- want. to make a living were drowned by cated, we have enough money until It is bad enough that we cannot agree floods. The Federal Government has al- Monday. But that is all. The end of the that victims of floods and fires should ways been there to help Americans in month is not Monday. They took $1 bil- get the help they need without delay. their hour of greatest need, when their lion, when only a little bit was needed, We cannot even agree on what we homes where their children were and stripped our ability to create jobs. have already agreed to. We spent raised, spent holidays, and made I spoke to STENY HOYER in the House. months this spring and summer negoti- memories had burned to the ground or He said they are taking away 52,000 ating a deficit reduction agreement been washed away or blown away. jobs from the American people by that allowed Congress to appropriate But because of the delays, FEMA will doing this. They take $1 billion and pay more than $11 billion in disaster aid for no longer be able to rebuild the for this. But just to show further mean- next year. After an earthquake, weeks bridges, for example, in the State of ness, they take $1⁄2 billion and rescind of wildfires, and a hurricane that New Hampshire. I just heard my friend, it. It does not go toward the debt. It slammed the eastern seaboard, we are the junior Senator from Vermont, talk does not go for anything. They just re- asking to free up $6.9 billion in emer- about Vermont. Vermont has had al- scind it. gency funds to help Americans in need. most 200 bridges washed away—gone. Then, of course, the year 2012, they There is a reason we have agreed in Texas has had those fires. FEMA has put in an amount of money that does the past that disaster funding should been there when schools studied in and not go very far with all these disasters, be set aside from the regular budget bridges driven on have been rocked by a few weeks’ worth. So we will be back process. There is a reason we agreed, as earthquakes or blown away by torna- having the same fight again, which is part of July’s deficit reduction agree- does. Never before has Congress tried so senseless, so unnecessary. I would ment, it should be set aside once again. to nickel and dime the victims of these hope the House of Representatives— Farmers who have lost their crops to disasters. there will be a vote today around 4 or floods, families who have lost their Americans have watched all they had 5 o’clock. I know it will be a close vote. homes to hurricanes should not be used go up in smoke or be washed or blown But I hope people in the Senate will as pawns in a budget-bidding war. away. That is what Republicans are understand how important this vote is. Over the last two decades, almost 90 doing today. They are shortchanging We are going to have a vote, as we have percent of the money Congress has au- communities that can least afford the indicated, on the continuing resolution thorized for disaster relief has been delays of partisan gridlock. to strip out the mean-spirited amend- done outside the regular budget proc- Senate majority leader George ment they have in it, take it out and ess. Why? Because we cannot deter- Mitchell said: ‘‘Bipartisanship means put in what has already passed here by mine what Mother Nature is going to you work together to work it out.’’ a substantial majority. do. We do the best we can. But who American families and communities I suggest the absence of a quorum. would have ever dreamed Irene would are relying on us to work together to The PRESIDING OFFICER. The hit when it did, with the devastation it work it out and holding out hope that clerk will call the roll. did. Who would have ever dreamed a we will not disappoint them. The legislative clerk proceeded to tornado would level the town of Joplin, Go back a month. We were strug- call the roll. MO? gling, struggling hard, to work out an Mr. HATCH. Mr. President, I ask We have done the best we can. I ask agreement that in years past has been unanimous consent that the order for my Republican colleagues: Why should simple. We were going to just raise the the quorum call be rescinded. today be any different than the past? debt limit in this country on bills we The PRESIDING OFFICER. Without FEMA is running out of money. That is had already accumulated. It took 3 objection, it is so ordered. the bottom line. On Monday, they will months. But we got it done. One of the AMENDMENT NO. 642 be broke. The President declared emer- things we did was we said we will no Mr. HATCH. Mr. President, earlier, I gencies in 48 of the 50 States this year. longer have fights during this next fis- sent an amendment to the desk. This We have had 10 disasters already that cal year on funding the government. amendment will constrain the growth have cost more than $1 billion each. It We agreed on the numbers. of this domestic spending program. My has been 30 years since we have had so What the House could not do in good amendment is fairly simple. It tightens many large natural disasters. conscience directly they are doing indi- the nexus between TAA benefits and As of this morning, FEMA’s disaster rectly. They are sending us a short- actual jobs lost because of trade. It fund had almost nothing left. It will be term continuing resolution to fund the does this by changing the eligibility broke on Monday. The agency that government until the middle part of criteria from one that only requires rushes to help when disaster strikes November. But because they have all that trade ‘‘contribute importantly’’ to will be out of money in just a day or these extremists in the Republican ma- job loss to a more restrictive criteria two—I repeat, Monday. We are still in jority in the House, they could not do that the job loss be ‘‘substantially the middle of the hurricane season. that. They could not do that. They caused’’ by trade.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5814 CONGRESSIONAL RECORD — SENATE September 21, 2011 Under the current program, the trade adjustment assistance. The irony to prevent it from expanding into an- worker only has to demonstrate that here is profound. The administration is other out-of-control spending program. imports from or shifts in production to now considering whether to grant these I ask my colleagues to support this a foreign country—what many folks Solyndra workers TAA benefits be- amendment because I think it makes would call the ordinary course of busi- cause competition from China ‘‘con- sense. There is no question it will save ness—‘‘contributed importantly’’ to tributed importantly’’ to their job loss. taxpayer dollars and make people act their job loss. That is ridiculous, frankly. more honestly with regard to the use of So what does ‘‘contributed impor- Here is another Wall Street Journal taxpayer dollars and, in the end, I tantly’’ actually mean? The TAA Pro- article, entitled ‘‘Solyndra Was Always think it will work better than the cur- gram holds that the contributed impor- Likely to Fail.’’ You can see in the rent approach that my friends on the tantly standard is met if trade is a photo what a beautiful plant it was— other side wish to have. cause, which is important but not nec- with all of your taxpayer dollars. I yield the floor. essarily more important than any In a letter to the editor of the Wall The PRESIDING OFFICER. The Sen- other cause of the job loss. Street Journal, the CEO from another ator from North Dakota is recognized. That does not sound like a tight solar company—tenKsolar—explained DISASTER AID nexus to me, certainly not a tight that everyone in the solar business Mr. CONRAD. Mr. President, I am nexus to trade to me. Believe me, these knew Solyndra’s business model would here to speak about disaster aid and fears are not theoretical. Let me give a not work and their solar technology the acute need we have in my State for real-life example. I am sure, by now, was too costly. assistance to deal with a disaster that everyone is familiar with Solyndra, the That didn’t stop the White House occurred earlier this summer in Minot, now-bankrupt solar firm that was from giving this company a $535 mil- ND. lauded by President Obama as the post- lion taxpayer loan—money that is basi- These are pictures from the valley in er child for his stimulus and green jobs cally gone now. This was despite the Minot, ND. Minot is constructed on plans. fact that the government’s own ana- two hills, with a valley in between, It turns out, now that Solyndra is in lysts had predicted months ago that with the Souris River flowing through. bankruptcy, many of its employees are Solyndra would fail in September. We have just had the worst flood ever applying for job-training benefits Well, it did. in history, by a long margin. The Corps through TAA. To fully understand this Again, look at the photo of that of Engineers was in yesterday to see lunacy, let’s take a look at recent his- beautiful building that was built with me. They calculate that this was a 430- year flood. A flood of this magnitude tory. taxpayer dollars. It is pretty hard to would only come every 430 years. Cer- Here is how Vice President BIDEN de- not admire it, to be honest with you. scribed the administration’s ill-consid- The fact that TAA benefits are even tainly, it is beyond anything we have ered plan to direct over one-half billion being considered for Solyndra shows ever seen in recorded history. They say the volume in this flood was three taxpayer dollars for loan guarantees how tenuous the nexus between job loss times the previous record; the volume for Solyndra: and trade can be—and workers can still of water was three times the previous The Recovery Act is working and you’re get these expanded benefits, on top of unemployment insurance. record. going to see it work right on that site. The These are just a handful of the homes loan to Solyndra will allow you to build a How can Solyndra workers get TAA, in Minot that were inundated; and 4,000 new manufacturing facility and with it al- when the business collapsed due to a families lost their homes. These are most immediately generate 3,000 new well- bad business plan and an ill-conceived modest, middle-class families, and the paying construction jobs. And once your fa- loan of taxpayer money? That was the cility opens, there will be about 1,000 perma- homes averaged $160,000 or $170,000 in cause of Solyndra going under. China nent new jobs here at Solyndra and in the value. Yet they are devastated, because imports, under the current TAA pro- surrounding business community and hun- all they are eligible for is FEMA assist- gram, however, might be construed by dreds more to install your growing output of ance. solar panels throughout the country. ambitious Department of Labor bu- As the occupant of the chair knows Well, that didn’t quite happen. In- reaucrats to have ‘‘contributed impor- well, FEMA was never designed to be a stead, the firm failed, potentially tak- tantly’’ to Solyndra shutting down— stand-alone program to recover from ing over a half billion taxpayer dollars despite the fact that the primary cause disaster. FEMA was designed to work with it. Those ‘‘permanent new jobs’’? was the business model and the govern- in concert with insurance programs— Well, not quite. The workers are all un- ment’s intervention. homeowner’s insurance, flood insur- employed because their ‘‘permanent’’ This needs to stop. We can do better. ance. In this case, with a flood, home- jobs no longer exist. If we are going to continue to fund this owner’s insurance doesn’t help you at It gets worse. According to the Wall domestic spending, let’s at least make all. You get nothing on your home- Street Journal, the stimulus loans sure its benefits go to those workers owner’s insurance. Then the burden themselves were a major cause of whose job loss is actually caused by falls to flood insurance. In this entire Solyndra’s bankruptcy. Here is the trade. That is what this amendment town of 40,000 people, there were less headline on the chart: ‘‘Loan Was will do. It will return the TAA thresh- than 400 flood insurance policies. Some Solyndra’s Undoing.’’ old standard to the ‘‘substantial cause’’ may say, why didn’t they have flood in- In selling the half billion dollar loan level. It would require that trade would surance? to Solyndra, Vice President BIDEN have to be a ‘‘substantial cause’’ of the That is a reasonable question to ask. made it clear that these were the jobs work dislocation. This standard was in- The answer is very simple: No one of the future, saying: cluded in reforms advocated for by thought they needed flood insurance. We are journeying, in a sense, closer and President Reagan that were included in Flood insurance was not required be- closer to the sun, to a more solar-powered the bipartisan Omnibus Reconciliation cause they were behind a levee that America. And as we do, we’re leaving a shad- Act of 1981. That deficit reduction act was supposed to protect against a hun- ow of a less efficient, more damaging past included the largest package of spend- dred-year flood event, and actually behind us. ing cuts in history—at that time. something more than that. In addition, We all know—or should know—what President Reagan had noted the unfair- new dams, since the last major flood, happened to the arrogant Icarus when ness of treating one class of workers have been built in Canada to prevent he flew too close to the Sun. who lose their job due to foreign com- such flooding—dams that were, in part, Despite the Vice President’s exhortations, petition better than their neighbor, paid for by the United States. what happened to Solyndra? Solyndra is set who lost his job due to domestic com- There was no reason for people to be- to become an even bigger drain on our tax- petition, so he tightened the threshold lieve they needed flood insurance. As a payers. criteria to be eligible for the TAA Pro- result, very few had it. The bottom line How is that possible? Through the gram. is that the most these people, who have magic of TAA, of course. It turns out By returning to the narrower TAA had their homes destroyed, can get— that the now-unemployed former threshold, this amendment would put and believe me, these homes are de- Solyndra employees have applied for reasonable constraints on the program stroyed. Most of the 4,000 families who

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5815 lost their homes had 10 feet of water on It cannot happen. There is no possible afternoon, and I understand they are their homes for weeks. I have been way. With miles and miles of levees, going to agree to $400 million. But that there. I have seen these homes, and I can you imagine trying to build that is nationwide. The need in North Da- have smelled them. It is horrific. To re- up 10 feet in just a matter of hours? It kota alone is $235 million, according to store these homes, you have to take was a sad day, Mr. President. our State’s Governor. The need for them down to the studs and start over Here is the result—massive flooding, emergency CDBG funding in my State again—with $30,000 at the most. flooding that represented an unusual alone is $235 million, and the Appro- If you are a young couple starting flood in the sense that usually when priations Committee is about to agree out, and you have a $170,000 home and you have a flood, the water comes and to a level of funding nationwide of $400 a $140,000 mortgage, and the house is goes. In this case, the water came and million. destroyed, and it costs $140,000 to re- the water stayed. Mr. President, there is a chasm—a build, and you have $30,000, you have a This is downtown Minot, ND. This is chasm—between the need and the re- big problem. Maybe you are like my home, by the way, to one of the two Air sources available. We are going to have cousin and her family, who had just Force bases that are home to the Na- to do better than this, or these 4,000 sold their home, and then it was flood- tion’s B–52s. It is also the home to 150 families in North Dakota who have had ed—but it flooded before closing. So Minute Men III missiles, which are an their homes destroyed are going to guess what. They had gone and bought important part of the deterrence of the have a pretty miserable Christmas and a new home because they sold their ex- United States. a pretty miserable new year. We are isting home. Then their existing home You can see that this downtown area better than that. We have proven so re- was flooded and, of course, the person was devastated by floodwaters. The peatedly. I hope we are able to prove it never goes to closing. So now they flood came—and stayed and stayed and again. have two homes, two mortgages. This stayed and stayed. Here you can see I thank the Chair, I yield the floor, is a neighborhood of middle-class and rooftops, in a picture taken by Brett and I suggest the absence of a quorum. lower middle-class families. They are Miller of the North Dakota National The PRESIDING OFFICER. The devastated. Guard while flying over Minot, ND. I clerk will call the roll. The question is, are we going to help? have been to the schools that have The assistant bill clerk proceeded to In the past, we have. In Katrina, we not been flooded, and two of them were ab- call the roll. only provided FEMA disaster funding, solutely destroyed. They have to be re- Mr. CONRAD. Mr. President, I ask we also provided CDBG additional built. You can’t possibly rehab them in unanimous consent that the order for emergency funding. That is precisely any kind of cost-effective way. the quorum call be rescinded. what we did in the 1997 flood in Grand In many cases, all you see are roofs The PRESIDING OFFICER. Without Forks, ND, a 500-year flood. We pro- here, because a majority of the 4,000 objection, it is so ordered. vided additional CDBG funding. For homes that were destroyed had 10 feet Mr. CONRAD. Mr. President, I ask that town alone, we provided over $170 of water on them. For weeks and unanimous consent that we charge million of CDBG emergency funding to weeks, many of these homes had 6 to 10 time during the quorum call equally help deal with the catastrophic situa- feet of water on them. Anybody who between the two sides. tion there. We have provided much knows what water can do when it sits The PRESIDING OFFICER. Without more than that to Katrina victims. and is there for weeks. When you come objection, it is so ordered. Mr. CONRAD. I thank the Chair, and What we are asking here is not un- back, you have mold everywhere. The again I suggest the absence of a precedented, and it is not something only possible way to get it out is to that hasn’t been done before. It is abso- quorum. take the house down to its studs. The PRESIDING OFFICER. The lutely needed. Mr. President, let me just close on This is the headline from the Fargo clerk will call the roll. this photo from June 24 of this year. Forum, the biggest newspaper in our The assistant bill clerk proceeded to Again, the Minot Daily News headline: State, about what is happening in call the roll. ‘‘Swamped.’’ Indeed, we were abso- Minot, ND: ‘‘11,000 People Forced Out Mr. KYL. Mr. President, I ask unani- lutely swamped. Water starts to inun- of Their Homes.’’ It may not sound like mous consent that the order for the date the valley. ‘‘The Corps Says many in a State such as California or quorum call be rescinded. New York, but in North Dakota that is Souris Flows to Double by Saturday.’’ The PRESIDING OFFICER. Without one-sixtieth of the entire State’s popu- These are the headlines people were objection, it is so ordered. lation. That is over a quarter of the coping with in Minot, ND. Mr. KYL. Mr. President, I have an This devastation will not be ad- population of this city, Minot, ND. amendment which I will be speaking to dressed for months to come. People are ‘‘The Rising Souris Moves Up Evacu- in just a moment. ation Time.’’ Eleven thousand people already moving in to temporary FEMA First, I ask unanimous consent that were forced out of their homes. When trailers. Those FEMA trailers—which an editorial in the Arizona Republic they came back, they found an abso- are welcome because without them from September 21, by Robert Robb, lutely unmitigated disaster. people would have no shelter—it should the subject of which is President This ran in the Minot Daily News be understood, are going to be tough to Obama’s debt-cutting plan fails to tell this year: ‘‘Projection: Devastation. live in during a North Dakota winter. the whole story, be inserted in the Minot Residents Evacuate as Historic The people living in those trailers are RECORD at the conclusion of my re- Rise in Souris River Approaches.’’ going to have a tough time in a North marks. This shows some of the preparation. Dakota winter. So we need help. The PRESIDING OFFICER. Without The people tried to get out of town and Yes, we need to replenish the FEMA objection, it is so ordered. out of these homes before it hit. fund, absolutely. But more than that, (See exhibit 1.) Then we have this headline from we desperately need additional emer- Mr. KYL. Mr. President, the amend- June 21: ‘‘It’s a Sad Day.’’ It is a sad gency CDBG funding. That is what was ment I will be talking about has been day because the crest was increased, in used effectively for Katrina, and that filed. It is amendment No. 645. But be- 48 hours, by 10 feet. In other words, the was used effectively in the horrible fore I describe that amendment—which city was protected to a certain level, flood that hit Grand Forks, ND, 1997. I believe and hope we will be able to and then Canada lost control of their So we are asking our colleagues to do vote on when we have our series of major reservoir. Their Premier told our what we have done for them in disaster votes later on this afternoon—I want Governor that the floodgates are wide after disaster. We stood with them, we to respond to one thing the leader said open, there is a wall of water coming joined with them, we supported them, in his remarks after lunch. your way. Indeed there was. They in- and we are asking that for our people He was talking about the continuing creased, in a 48-hour period, the projec- at this time. resolution, which we believe will be tion of how high water levels would be Senator HOEVEN and I have an coming over from the House of Rep- by 10 feet. amendment for $1 billion of CDBG resentatives later on today. That con- There is no way humanly possible to funding. We have a markup occurring tinuing resolution, of course, has fund- build up defenses by 10 feet in 48 hours. in the Appropriations Committee this ing for the various disasters which

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5816 CONGRESSIONAL RECORD — SENATE September 21, 2011 have befallen various parts of our coun- Obama is actually only proposing $2.1 tril- than the process allowed. There was an try. lion in new stuff. Of that, nearly $1.6 trillion opportunity for some more funda- I think the leader has indicated that is increased taxes. So, he’s actually pro- mental changes in the TAA Program he is going to be attempting to amend posing $3 in tax increases for every $1 in than occurred. The only changes are spending cuts. that House product with an increase in But that still doesn’t tell the real story. pretty rudimentary, and I don’t think that spending. He asked the question The ‘‘spending cuts’’ aren’t really all spend- anyone can contend they will save sub- rather rhetorically: Why aren’t those ing cuts. They are just things other than tax stantial amounts of money or rep- Senators who have disasters in their increases, and there’s over $135 billion in fee resent fundamental reform. The proc- States willing to vote for my increased increases. Those may be warranted, but they ess of putting this all together was by spending amendment? Then he an- aren’t spending cuts. people who supported TAA, not people swered his own question, saying it is So, Obama actually is proposing over $1.7 like me who have a real problem with trillion in additional federal revenue, mak- all politics. TAA. So it is probably no surprise the Mr. President, first of all, as you ing the ratio $4 in increased taxes and fees for every $1 in spending cuts. program isn’t substantially reformed. know, we are not supposed to ever But that still doesn’t tell the whole story. Specifically, on the TAA training, question the motives of fellow Sen- Obama, of course, is purposing increased which is part of what I am focusing on, ators. I am sure that isn’t what the stimulus spending now. Net, Obama is only no work was done to reform the train- leader had in mind, but I would suggest proposing to decrease actual federal spend- ing funding to reflect the fact there are to the leader it is not politics that ing by about $245 billion over 10 years. So, already over 40 programs dedicated to causes people to vote against his the real ratio is $7 in increased taxes and worker training. One of our colleagues, fees for every $1 in actual spending cuts. amendment. If it were politics, they Senator COBURN, has done some great would be voting for his amendment. In short, Obama has proposed a massive tax increase while doing very little to con- work in this area to highlight the prob- Those Members who have disasters in trol federal spending. lem. Instead, the substitute just in- their States would say, surely, they The bulk of the tax increases, $1.2 trillion, creases overall training funding and want even more money so they can be fall on individuals making over $200,000 a does very minimal reform. sure to cover all those disasters. So if year. Supposedly, their tax treatment would More broadly, there is little evidence it were politics, they would probably be only be returned to the levels prevailing dur- the TAA programs are actually effec- voting yes. ing the Clinton prosperity, but that’s an- other bit of duplicity. tive. That is what I will speak to with I suggest the reason they are voting regard to the piece I will be elimi- no is because of principle. First of all, Obama proposes that the top two tax rates be returned to Clinton-era levels, but doesn’t nating, hopefully, with the amendment because there is plenty of money in the stop there. He would also limit the deduc- I am proposing. We are going to spend House continuing resolution to cover tions they take, which wasn’t the case dur- over $1 billion on the so-called en- all of the disasters that have already ing the Clinton bliss. And his health care bill hanced TAA provisions in the sub- occurred and those that could be an- already socked this group with an increase stitute and another $7 billion on the ticipated over the course of the next 7 in payroll taxes of nearly 1 percent on wage baseline program. So $1 billion on the or 8 weeks, which is the period of time income and an investment income tax in- crease of nearly 4 percent. enhanced provisions, $7 billion on the covered by the bill; and, secondly, we baseline program, and we don’t even should never spend more money than In short, Obama is advocating tax rates for those earning more than $200,000 a year much know whether it actually helps our necessary. I will stand corrected if I am higher than the Clinton-era rates, which Bill citizens. wrong, but I do not believe the major- Clinton himself described as too high. I have filed other amendments that I ity leader’s amendment has a calcula- This is supposedly so millionaires and bil- may or may not bring up, depending tion of why all of the money he pro- lionaires pay their fair share. According to upon what our schedule is, but at a the Tax Policy Center, the top 1 percent of poses is necessary based upon emer- minimum I hope the word of the TAA gencies or disasters that have occurred. tax filers has 16 percent of the country’s in- come, but pay 24 percent of all federal taxes supporters can be relied upon as we So I just wanted to make sure my move forward. For example, the sub- colleagues appreciate if and when such and 35 percent of federal individual income taxes. stitute is intended to terminate base- a vote occurs, at least for those people According to Obama mythology, million- line TAA after 2014. But due to CBO with whom I have spoken, they are aires and billionaires pay lower tax rates scorekeeping, CBO estimates that Con- going to be voting on principle and on than average Jacks and Jills. According to gress could actually spend another $7.4 the fact there is plenty of money for the Tax Policy Center, the top 1 percent pays billion for the years 2015 to 2021—years disasters. There is no reason to put in 18 percent of their income in federal income taxes. The middle quintile pays less than 3 after all the TAA is scheduled to be more money than is needed, especially terminated. So I plan to work with the in our time of a very difficult deficit percent. Those below that actually get more money back than they pay in. CBO to ensure these savings are actu- situation. Obama seems really worked up over the ally extracted from the baseline. EXHIBIT 1 fact that investment income is taxed at a This amendment I speak of repeals [From Real Clear Politics, Sept. 21, 2011] lower rate than wage income. But that’s not the TAA for the Firms Program. It OBAMA’S DUPLICITOUS DEBT PROPOSAL really the case. Dividends are taxed at the would repeal that as of October 1, (By Robert Robb) corporate level before they are distributed to 2011—in other words, the end of the fis- President Barack Obama’s debt reduction individuals, when they are taxed again. Cap- ital gains are taxed on their nominal value, cal year. The amendment would only plan could be titled, The Audacity of Duplic- save about $16 million a year, but I ity. ignoring the effect of intervening inflation. According to Obama, he is proposing $4 If Obama were truly interested in a bipar- think it serves as a test of one’s real trillion in debt reduction over the next 10 tisan down payment on debt reduction, he commitment to reform. I propose years, with there being $2 in spending cuts could have anchored his proposal in the rec- eliminating this small piece of the for every $1 in tax increases. ommendations of his debt commission. The TAA that President Barack Obama Where to begin? debt commission, however, recommended proposed be eliminated in his budget. Half of the president’s claimed debt reduc- about half of what Obama proposes in addi- The President’s budget recommenda- tion comes from policies already in place. tional federal revenue and raised in a way that lowers rates across the board, including tions for this year specifically rec- Obama says $1 trillion will be saved by wind- ommend termination of the TAA for ing down the wars in Afghanistan and Iraq. for millionaires and billionaires. In other words, Obama wants credit for re- Obama’s interests, however, clearly lie Firms Program, and I thought—since ducing debt that was never going to be in- elsewhere. we have all talked about how our con- curred. AMENDMENT NO. 645 TO AMENDMENT NO. 633 stituents keep telling us they want us Another $1 trillion is from the agreement Mr. KYL. Mr. President, the amend- to come back and work together to get that was reached to increase the debt ceil- ment, as I said, is numbered 645, and I things done—here is an opportunity ing. But that agreement didn’t really reduce will be discussing the contents of the where a Democratic President and a the debt by $1 trillion. It simply adopted fu- Republican Senator have proposed ture spending caps that would have that ef- amendment and why I think it should fect. However, there were no new laws adopt- be addressed. But let me precede that something, and it is an opportunity for ed that would actually reduce spending. The with this point. colleagues on both sides of the aisle to caps are unenforceable promises to do some- I think the bill before us, the TAA get together and say, yes, there is at thing unspecific in the future. bill, actually deserved greater scrutiny least one program—it is a small one,

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5817 $16 million—that ought to be elimi- which is only slightly better than the Leader REID came to the floor to ex- nated. Bureau of Labor Statistics’ national plain the importance of this issue, fol- What are the reasons for the Presi- average for the manufacturing indus- lowed by the Senator from North Da- dent’s request this program be try of a decrease in employment of 13 kota, Mr. CONRAD, who has helped lead dropped? According to his ‘‘Termi- percent and an increase in productivity portions of his State back literally nation, Reductions and Savings’’—this of 4 percent. After 2 years, program from the brink of destruction several was submitted as part of the fiscal year graduates’ average employment times. So when a Member like Senator 2012 Federal budget—the first point is dropped by 16 percent and average pro- CONRAD speaks, we really should listen. the resources would be better spent ductivity increased by 3 percent, while He has been through—excuse me—hell elsewhere. Here is what the President’s the national average for manufacturing and back in parts of his State, and he budget says: firms saw employment drop only 12 really does understand what is at The administration believes it is more ef- percent and average productivity in- stake, and some Members who think fective to direct EDA’s funding towards pro- crease by 6 percent. In other words, they know about disasters and have grams that make investments to promote after 2 years, firms not in the program not really quite experienced them in globally competitive regions, rather than to were doing better than firms in the their State would be well advised to assist specific firms that have been harmed program despite all the money we are listen to his plea to get this done right by trade. spending on it. now. The budget also made the point the The fifth reason. While it is just au- I wish to address three specific state- centers are too expensive and they are thorization language here, repeal does ments that have been made on the poorly selected. Here is what the Presi- save money. The TAA for firms centers floor of the Senate by my friends on dent’s budget said: will close and their employees will be the other side of the aisle that are, The non-profit Trade Adjustment Centers reassigned. with all due respect, patently false. that administer the program are chosen non- We have to reduce the cost and reach Leader MCCONNELL came to the floor competitively and have high overhead rates. of government if we are going to pre- either last night or this morning—be- So the first point is the President’s vent fiscal collapse, and that is the pri- cause it was reported in the Wash- budget says: Let’s get rid of this pro- mary reason I am focused on this pro- ington Post—and said we don’t have to gram. It is not run well, and it is not gram. It is not a huge amount of worry because Congress always does centered properly on where we should money. Under the substitute, the pro- what is appropriate when it comes to be centered. The second reason for gram would be continued at 2002 levels disasters. elimination of this proposal is the or, in other words, about $16 million a I don’t even know where to begin to EDA’s own budget request to Congress year. But that is money we don’t have say how false that statement is. And I for fiscal year 2012 clearly shows other to spend, as the President’s own budget know the leader didn’t mean to mislead programs are more effective and less said, because this program doesn’t anyone; he just made a comment: We costly than this program—TAA for work well and in effect, as I am saying, don’t have to worry about this; we al- Firms—and I will quote them directly: wastes taxpayer money. ways do the right thing. I was there for The Economic Adjustment Assistance pro- So if we can’t eliminate a program Katrina and Rita. This Congress did gram, which is the most flexible tool in such as this—a program the adminis- not always do the right thing. There EDA’s toolbox and provides a wide range of tration wants to terminate, one EDA are still things Congress should have technical, planning, and public works and in- says could be done better with other done in the aftermath of Katrina and frastructure assistance and can get money programs, that doesn’t require any Rita that have not yet been done, and out more quickly and with far lower over- head costs, meaning more help for the com- great connection or impact by trade there is a whole list of things that were munities that need it. imports, that has a questionable track done by this Congress but 2 years too late or 3 years too late. So let me be The third reason I propose elimi- record with high failure rates and out- very clear with people following this nating this small program is the TAA comes at least no better than firms debate. Congress does not always do for Firms Program doesn’t require any that don’t participate—then I am the right thing when it comes to disas- kind of significant trade impact for eli- greatly discouraged about the Senate’s ters, and we are about ready to make gibility. In fact, according to the pro- ability to effect any kind of actual re- another mistake, and it is so unneces- gram’s own Web site that outlines fre- form. I urge my colleagues’ attention to sary and so unfortunate. quently asked questions, here is what No. 2, there is a disagreement going it says: this. I know some will say we can’t make any amendment to this whatso- on about whether this is politics or Question: Are only firms seriously affected ever or it won’t be accepted by the principle. And I know our side has said by imports able to participate? Answer: No. and we believe there has to be politics We work with a variety of manufacturers House. You ask my House colleagues and, for some, imports represent only a whether they would support this involved because there is no other rea- minor challenge. Regardless of the degree of amendment. My guess is they would son to explain why the House Repub- impact, a firm may be eligible if it experi- say they would be happy to support lican leadership continues to throw a enced sales and employment declines at least this amendment. I hope we will be able wrench into this when it is completely partially due to imports over the last two to vote for it this afternoon and that unnecessary. What is the principle they years. my colleagues will support amendment are fighting for, if it is a principle? The So that is the third problem. The No. 645. only principle I can think of is the fourth problem: Obviously, there are Mr. President, I ask unanimous con- principle of, when things are going always bound to be some success sto- sent that this amendment be made smoothly, blow it up, because that is ries, but the program’s 2010 annual re- pending. what they are doing. port raises serious questions about its The PRESIDING OFFICER. The What do I mean by that? Let me take effectiveness. For example, this annual clerk will report the amendment. a minute to explain. As the Republican report—by the way, it was required by The legislative clerk read as follows: House leadership knows full well, the the stimulus bill—highlights that only The Senator from Arizona [Mr. KYL] pro- Senate and the House have already 56 percent of firms in 2010 actually poses an amendment numbered 645 to amend- agreed—we agreed 30 days ago. Before completed the program. That means a ment No. 633. Hurricane Irene, before Tropical Storm whopping 44 percent quit for various The PRESIDING OFFICER. The Sen- Lee, before these storms ever hap- reasons. ator from Louisiana. pened, the Republican and Democratic The annual report also shows that Ms. LANDRIEU. Mr. President, I leadership agreed, in the big fight we firms that started the program in 2008 wanted to come to the floor and join had over the whole meltdown—not of had little marketed success. After 1 my colleagues who were here just a few the government but of the shutdown, year, firms that completed the pro- minutes ago talking about the impor- almost, of the economy—we remember gram had average employment de- tance of robust funding and immediate that, Mr. President, don’t we, that big crease by 10 percent and an average funding for disaster relief in our coun- fight we had—in that negotiation, the productivity increase of 11 percent, try. leadership of both Houses, Republicans

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5818 CONGRESSIONAL RECORD — SENATE September 21, 2011 and Democrats, already agreed—in an- fighting. Let’s provide immediate and have to stay here for days and type it ticipation that we would be running robust funding to help our commu- in, and I am not going to ask the clerks short of FEMA money because we have nities. to do that. But I am going to hold it up been running short of FEMA money So they voted across party lines. I so people can see. These are pages and now for 8 months, in anticipation of have done that before. I have been pages of projects that are stopped right that, they said in that agreement: We elected now three times. I mean, you now. are going to carve out an $11 billion ap- can sometimes cross party lines to do I want to say directly to the House proximate pot of money or cap adjust- the right thing, find middle ground. So Member from Alabama, Mr. ADERHOLT, ment so that when we come to ask for they did. They found middle ground, who is the chairman, my counterpart, disaster aid, we won’t have to fight and we came up with the $6.9 billion there are pages of projects here in Ala- again. package. bama, in his own district, that are Why do we like to fight so much? I Now, let me say, to answer specifi- stopped, and he is not helping by sup- mean, I can fight, I do fight, but I cally the Senator from Arizona, for porting last year’s numbers for this choose not to. What is the principle the whom I have a lot of respect, we did year’s disasters. I hope he will rethink House Republicans are fighting for? It not pull this sum out of the air. This and start arguing not for his party but must be ‘‘when things are going $6.9 billion, which is much more robust for his State. Sometimes we have to smoothly, let’s blow it up.’’ That is than the $2.6 billion the House wants to put our parties aside and fight hard for why I am so frustrated. It is an unnec- provide, is a much more accurate esti- our districts and our State. I have done essary fight to be having. Again, we mate based on actual numbers given to that before. I think it is the right way have already made provision for $11 bil- the Appropriations Committee, which to do it. lion. So the leader puts in $6.9 billion— is the committee of authority here, by These are pages and pages of projects well within the range of this $11 billion the agencies that are in charge of the that have been stopped. They are fin- allowance—and lo and behold the disasters, from Agriculture, from the ished. They are not finished forever, we House leadership says: Absolutely not. Corps of Engineers. So our number, the hope, but they are stopped—roads, li- We are not doing that. We are not even 6.9 that is being ridiculed as just being braries, bridges. Talk about jobs, most going to consider the $6.9 billion. What pulled out of the air—no, contraire—it of these are done by small businesses, we are going to do is just continue last was given to us by the agencies. The as we know. There is not any govern- year’s level of funding, which was inad- number that came from absolutely no- ment agency that swoops in to do these projects in small towns. They are local equate then. That is why we have run where, that has no bearing on any contractors that get contracts with out of it. sense of reality today, is the number FEMA or the Corps of Engineers for So they are going to take the inad- the House pulled up, which is last the work. They are issuing pink slips equate level we had last year before all year’s number, which was the estimate for these projects right now. One would these storms happened and extend it before the storms even hit. So if you think that would motivate people. If for 6 weeks and claim victory and then want to argue which number is more compassion doesn’t motivate them, if come back after the fact and require, accurate, please put your money on our the morality of the situation doesn’t for one of the first times—not the first number because you will lose this bet. motivate them, maybe thousands of time in history but one of the few Our number is based on actual esti- jobs would motivate them. It seems times in history—to then grab back mates that have already been made of none of those are working. I am run- and say: To finish the disaster money disasters that have already occurred. ning out of enticements. for 2011, you have to go gut a program In fact, it doesn’t even—our number— All these projects have been stopped. that is very important to some Mem- because we don’t have the estimates in, Will the $2.6 billion the House is offer- bers—more important to some than we don’t even have the estimates yet ing start these projects again? Yes, it others but an important program. for Tropical Storm Lee or for Irene. It will—their offer they put on the table, The House is insisting that we gut was too early. It takes a while for that they are pushing us to accept, $1.5 billion of a program that is cre- these numbers. So when I say the 6.9 is against which we are fighting hard. We ating jobs in Michigan and other parts much better than the 2.6 and more ac- do not want to accept it, but we will of the country. So why are we destroy- curate, that is true. Is it the real, ac- not shut the government down over ing jobs when we don’t have to? Again, tual number that might take us this. We are pushing back as hard as we it must be the principle of, when things through next year? Even I can’t say can without shutting the government are going smoothly, when things are that and I am the chairman of the com- down because over there they keep working, when the leadership has actu- mittee. I have more information than holding the economy hostage, then ally agreed, the House Republican lead- anybody in here on this. But I can tell holding the government hostage. But I ership will just throw a wrench and you one thing: It is much better than am saying, yes, these projects will get really mess things up. 2.65, it is much more accurate, and at started again. They will go for 6 weeks, Thank goodness there are 10 Repub- least it is based on realistic estimates. and then we will be back where we are lican Senators in this Chamber who So when people on my side say: We right now, which is no place. don’t follow that principle of throwing don’t even understand what the Repub- When we have a chance to fix a prob- a wrench when things are going licans in the House are fighting about, lem, there is already an agreement it smoothly. They follow the principle of it is the truth. They picked a fight should be fixed, already the leadership common sense and compassion and they didn’t need to pick. They are ar- has agreed how to fix it, and there is an being forward-leaning when it comes to guing over something that was already allocation of the money set aside—we helping Americans who need our help. decided. They are rejecting their own still cannot do it? Why? Because we Senator BLUNT, Senator RUBIO, Sen- government estimates of what these want to come back in 6 weeks and have ator SNOWE, Senator COLLINS, Senator disasters cost because of what? On this fight again? How much time is MURKOWSKI, Senator BROWN from Mas- principle? What is the principle? The wasted. sachusetts, Senator HELLER from Ne- only thing I can think of—and I have Do you know what Tom Ridge said vada, Senator HOEVEN from North Da- said it five times, and I am going to about this—a Republican, the first guy kota, Senator TOOMEY from Pennsyl- say it six—it must be the principle of, who ran Homeland Security, the first vania, and Senator VITTER from Lou- let’s throw a wrench when things are Secretary? He said: isiana—many of them have experienced working well, and I think the Amer- Never in the history of the country have disasters in their States in the past ican people are tired of it. It is ex- we worried about the budget around emer- and remember those terrible days or hausting. gency appropriations for natural disasters they are experiencing them now, and So we now have projects—I would and, frankly, in my view, we should not be they said: We don’t follow the ‘‘throw like to show the projects that are worried about it now . . . we are all in this as a country. And when Mother Nature dev- the wrench in the gears’’ principle. We stopped. We have a list that is literally astates a community we may need emer- are going to follow the ‘‘let’s get it too thick to put into the RECORD, and gency appropriations and we ought to just done’’ principle. Let’s get the work I am not going to ask for it to be put deal with it and then deal with the fiscal done. Let’s move forward. Let’s stop in the RECORD because somebody will issues later on.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5819 That is a former Secretary of the de- ture, but it is the best estimate we had Mr. HATCH. Mr. President, I ask partment that was in charge of this. of what we actually need right now. unanimous consent that the order for Governor Christie, I spoke with him No, they will not even look at the the quorum call be rescinded. yesterday on the phone. He said last bill. They just send us $2.6 billion on a The PRESIDING OFFICER. Without week: continuing resolution. So, basically, objection, it is so ordered. You want to figure out budget cuts, that’s Senate, take our old, tired, inadequate CONSTITUTION DAY AND JUSTICE ANTONIN fine . . . you expect the citizens of my State number and we are going to go home SCALIA to wait? They are not going to wait, and I and then you can shut the Government Mr. HATCH. Mr. President, Sep- am going to fight to make sure they don’t do down if you don’t like it. What kind of tember 17 was an anniversary with dou- it. Our people are suffering now and they way is that to treat disaster victims? ble significance for our country. On need support now. We need the support now It is no way at all. September 17, 1787, delegates to the here in New Jersey. This is not a Republican Constitutional Convention in Philadel- Senator HAGAN just told me—she got or Democratic issue. phia held their final meeting and out of a meeting today—some of her That is from Gov. Chris Christie, a signed the Constitution they had craft- people are living literally in tents. I very popular Republican, I might say. ed. And on September 17, 1986, this know, when I went down to Cameron Then Gov. Bob McDowell, from Vir- body voted unanimously to confirm Parish, some of my people were sleep- ginia, another Republican: Justice Antonin Scalia’s appointment ing in the open air, on concrete. I know My concern is that we help people in need. to the Supreme Court of the United what these scenes are. They roll in my For the FEMA money, that’s going to flow, States. Today, 25 years later, he is the it’s up to them how they get it. I don’t think head. Unfortunately, I have lots of senior member of the Court. it’s the time to get into that (deficit) debate. memories about people sleeping on the These two events are profoundly re- Why are we fighting over this? Why street, 500 people sleeping under an lated because Justice Scalia is literally does the House Republican leadership overpass waiting for the Federal Gov- helping us rediscover the real Constitu- think last year’s number that was in- ernment or the State or local govern- tion. His approach to doing the work of adequate last year is good enough for ment to set up a trailer or rental unit. judges is helping us to rediscover the this year when, as my staff just re- Again, if we did not have the provi- Constitution that America’s Founders minded me, we have had 10 disasters, sion for this already decided, if this gave us—the Constitution that is pow- each one over $1 billion this last year? was not the way we had operated in the erful and solid; the Constitution that This is Mother Nature. This wasn’t past, I could understand it, but every- belongs to the people, protects our caused by some conspiracy of the thing moves us: the agreement that rights, limits government, and makes Democratic Party; this is just what has already been raised, the precedent liberty possible. happened. Why do they want people to of history, the accurate estimates of Antonin Scalia was born in Trenton, have to worry whether help will be disaster. Yet the Republicans want to NJ, on March 11, 1936. After graduating there when we can so easily fix this? fight about it. I think it is a bad fight first in his high school class, valedic- On what principle are they standing? It for them to have, let me just say. It is torian from Georgetown University, cannot be fiscal responsibility; it is al- a shame. But we are going to do our and magna cum laude from Harvard ready provided for in the budget. best to get immediate and full funding, Law School, he embarked on a legal ca- If this is conservatism, I don’t think and if we cannot, we will be back in 6 reer that would include stints in pri- America likes that. I don’t think they weeks talking about it again, which is vate practice, government service, the will accept that. It is not their vision very unfortunate because we cannot re- legal academy, and, finally, the judici- of conservatism, it is their vision of build Tuscaloosa, AL, and Joplin, MO, ary. foolishness. and parts of North Dakota, Minot, ND, President Reagan nominated then- Professor Scalia to the U.S. Court of I also think, as PATRICK LEAHY, Sen- and small towns in Alaska and Ala- Appeals for the D.C. Circuit in July ator from Vermont, has said many bama 6 weeks at a time. We cannot do 1982. He appeared before the Senate Ju- times, many people are starting to it. When we have the money, we have diciary Committee on August 4, 1982— think, why is it some people in Con- the provision, we have history and another date with constitutional sig- gress rush out to fund programs in Af- precedent on our side and the need is so nificance. The hearing began just min- ghanistan and Iraq and never wanted great for the Republican leadership to utes after the Senate voted 69 to 31 to to debate when we went to war how we throw a wrench just because they like approve a balanced budget constitu- were going to pay for that. We literally to keep things stirred up, it is a shame. tional amendment, the only time this did it in 30 days. Nobody even ques- That is where we are. We are going to body has done so, at least so far. I was tioned how we were going to pay for do our best. This is what Republican leaders say. This is what the pictures an original cosponsor of that amend- it—literally. I was here. Maybe a few ment. I mention that because Justice people raised the issue this is going to look like on the ground. When it is not on CNN every night, people don’t think Scalia’s approach to the Constitution be expensive, but nobody on the other means that the people, and the people side did—to go to war, twice. Yet after it is truly happening, but the fact is the fires are burning, there is rubble in alone, have authority to change it a hurricane, a tornado, we now have to through the amendment process out- have a knock-down, drag-out, full- town that looks like this, the water may have receded from this particular lined in the Constitution. The Senate’s fledged debate on how we are going to vote on that balanced budget amend- pay for every single penny before we farm, but the damage is still there. The water I am sure has receded from this ment was part of that process. can give a green light to these Gov- Professor Scalia told the Judiciary scene, but this family is still wan- ernors and mayors and county commis- Committee that, if he were appointed dering around their lot looking for sioners. I think it is outrageous, it is to the bench, his days of being able to spoons and forks and things that might unnecessary, and it is so terribly un- comment on the wisdom of laws en- remind them of what they once had, fair. acted by Congress would be ‘‘bygone and Republicans have decided, for I don’t know what is going to happen days.’’ The sense that judges are doing whatever reason, to throw a wrench in because we sent a bill over to the something fundamentally different this whole thing and make a big fight, House that has $6.9 billion. It, as I said, than private citizens, fundamentally may not be enough, but it is much bet- when it is absolutely not necessary. different than legislators, defines his ter than $2.65 from last year that was We are going to keep working and see judicial philosophy. not sufficient then. We sent a bill over. what we can do to bring relief to a lot The same theme dominated his con- It is a stand-alone bill. The House, if of this misery. firmation hearing 4 years later, when they do not think the number—if they I yield the floor and suggest the ab- President Reagan nominated Judge think the number is too high, take it sence of a quorum. Scalia to be an Associate Justice of the down a little bit or tell us they do not The PRESIDING OFFICER (Mr. Supreme Court. As that hearing think this item is worth funding—say MERKLEY). The clerk will call the roll. opened, I quoted from the Chicago something. We could negotiate on that The assistant legislative clerk pro- Tribune that the nominee was deter- number. It is not written in the scrip- ceeded to call the roll. mined ‘‘to read the law as it has been

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Its title was simply ‘‘On Inter- One of Justice Scalia’s former col- boundaries of a written constitution. preting the Constitution.’’ He described leagues even said that the Constitution Public officials must swear to uphold his topic as ‘‘what in the world we is ‘‘a sparkling vision of the supremacy and defend this written Constitution. think we’re doing when we interpret of the human dignity of every indi- It declares itself to be the supreme law the Constitution of the United States.’’ vidual.’’ All of these evolving standards of the land. More than 90 percent of This is why it is so important to clar- and sparkling visions are different Americans say it is very important to ify what the Constitution is in the first ways of saying the same thing: that them. But what exactly is it and what place, so we know what judges are sup- judges have taken control of the Con- are judges supposed to do with it? The posed to do with it. stitution by controlling what it means. answer to that question defines Justice Justice Scalia believes the only prop- Justice Scalia will have none of it. In Scalia’s career and its lasting impact er way to interpret the Constitution is a 1996 dissent, he rejected this for what on all of us. to find the meaning it already has, the it really is; namely, the Court’s Con- The Constitution is a document, the meaning given to the Constitution by stitution-making process. He wrote: oldest written charter of government the people who alone had authority to The court must be living in another world. in the history of the world. Professor establish it. Justice Scalia calls this Day by day, case by case, it is designing a Steven Calabresi, who teaches at approach originalism. Constitution for a country I do not recog- In his Wriston Lecture, he said that Northwestern University Law School nize. the Constitution ‘‘means what it and once clerked for Justice Scalia, One of the many things I like about meant when it was written.’’ No one is writes that when Americans think of Justice Scalia is that he applies his more candid than Justice Scalia that liberty, they think of documents, espe- principles across the board. He has this approach is not easy, but no one is often pointed out that judges amend cially of the Constitution. more certain than Justice Scalia that Three statements at the turn of the the Constitution by changing its mean- this approach alone is legitimate. This ing in ways that liberals like, but also 19th century tell us what we need to approach alone preserves both the peo- know. First, the Supreme Court, in in ways that conservatives like. All of ple’s control of the Constitution and it, he says, is wrong. 1795, literally asked the same question: the Constitution’s control of judges. What is the Constitution? Here is their Judges have no authority to design a In 2005, Justice Scalia delivered a new constitution no matter what it answer: speech at the Woodrow Wilson Inter- looks like. Sometimes I wonder how The Constitution is fixed and certain; it national Center for Scholars titled anyone could think otherwise. How contains the permanent will of the people, ‘‘Constitutional Interpretation the Old could anyone believe that unelected and is the supreme law of the land; it is para- Fashioned Way.’’ He described judges may take the Constitution that mount to the power of the legislature, and originalism as beginning with the text can be revoked or altered only by the au- opens with the words, ‘‘We the People,’’ and giving it the meaning that it bore thority that made it. and turn it into something else? Why when it was adopted by the people. would anyone tolerate judges who Second, President George Wash- With all due respect to Justice Scalia, change the very Constitution that ington echoed this theme a year later he did not invent this approach, but he judges are supposed to follow? in his Farewell Address. He said: is helping us to return to those prin- Justice Scalia believes no one should, The basis of our political systems is the ciples. right of the people to make and to alter their In his service on the Court, in his and he challenges us to live up to the constitutions of government. But the Con- speeches and writings, Justice Scalia is principles that define our system of stitution which at any time exists, till helping us rediscover what America’s government and that make our liberty changed by an explicit and authentic act of possible. The real Constitution is solid the whole people, is sacredly obligatory upon Founders told us to do from the start. I have to emphasize that Justice Scalia and fixed. It was established and can be all. changed only by the people. That Con- Third, the Supreme Court, in its 1803 has for 25 years implemented the very same approach that he described in his stitution, the real Constitution, is decision Marbury v. Madison, wrote strong enough to limit government and that through the Constitution, the peo- hearing before the Senate Judiciary Committee. protect liberty. ple established certain limits for the Vice President BIDEN was the rank- But that Constitution is being re- Federal Government. ing member at the time, and his very placed by a very different one. Since [A]nd that those limits may not be mis- first question was about original mean- about the 1930s, the real Constitution taken or forgotten, the Constitution is writ- ing as a means of interpreting the Con- controlled by the people has been re- ten. stitution. Justice Scalia explained placed in some measure by a fake con- There you have it. The Constitution later in the hearing that the starting stitution controlled by judges. The is the means by which the people ex- point is ‘‘the text of the document and Constitution is weak, pliable, and press their will and set limits on the what it meant to the society that shifting, according to them. It morphs government. The people alone have au- adopted it. . . . I am clear on the fact and modifies. It shivers and it shakes. thority to change the Constitution that the original meaning is the start- This Constitution is a figment of the and, until they do, it is fixed and cer- ing point and the beginning of wis- judicial imagination, and it is written tain. One obvious way to alter the Con- dom.’’ in disappearing ink. Thomas Jefferson stitution is to change its words. But a This body knew Justice Scalia would warned that if judges control what the more subtle, and even more effective, take this approach when we unani- Constitution means, it would become way to alter the Constitution is to mously confirmed him, and he has ‘‘a mere thing of wax in the hands of change its meaning. Words themselves stayed true to his word throughout his the judiciary which they may twist and are just the form, but the meaning of judicial career. In addition to instruct- shape into any form they please.’’ those words is the substance. The real ing us about the principles we should Doing so, Jefferson said, would make Constitution is its words and their once again follow, Justice Scalia has the Constitution nothing but a blank meaning together. Whoever controls been sounding the alarm about failing paper. This is not just an academic ex- the meaning of the Constitution con- to do so. He condemns as ‘‘power judg- ercise. If you think the latest judicial trols the Constitution itself. When we ing’’ the modern trend of judges sub- mood swing is strong enough to limit say that only the people may alter the stituting their own constitutional government, think again. If you think Constitution, that simply must mean meaning for that of the people. This that a lump of wax or a piece of blank that only the people can change the amends the Constitution as surely as paper is firm enough to protect your words or their meaning. For the Con- changing its very words. liberty, think again.

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Constitution by changing its meaning, Not to worry, though, because a Post Mr. HATCH. Edward Whelan, who then the judicial selection process will headline just 1 year later read: ‘‘Scalia clerked during the October 1991 term inevitably focus on the Constitution a May Be Successor as Conservatives’ and later served as my counsel when I judicial nominee is likely to create. It Chief Advocate.’’ The real way to know was ranking member of the Judiciary will inevitably focus on the form into Justice Scalia, you see, is to know his Committee, and is now president of the which a judicial nominee can be ex- principles. They are principles drawn Ethics in Public Policy Center; Paul pected to shape and twist the Constitu- directly from America’s founding from Clement, who clerked during the Octo- tion. the nature of limited government ber 1993 term and later served as Solic- Speaking at the State University of under a written constitution. No one itor General of the United States, and New York School of Law in 2002, Jus- works harder to articulate and apply he is now a partner in the Bancroft law tice Scalia warned that if the Constitu- those principles day in and day out firm; Mark Phillip, who also clerked tion’s meaning is determined by judges than Justice Scalia. during the October 1993 term and later rather than the people, the selection of Research in the last several years has served as a U.S. district judge, and is those judges becomes ‘‘a very political demonstrated that he is the funniest now a partner at Kirkland & Ellis in hot potato. Every time you need to ap- Justice in oral argument and the most Chicago; Brian Fitzpatrick, who point a new Supreme Court Justice, cited in law reviews and journals. His clerked during the October 2001 term you are going to have a mini-plebiscite lectures around the country are con- and is now an associate professor at on what the Constitution means.’’ sistently standing room only. His Vanderbilt Law School; and Brian Kil- In a 2007 speech at the Jesse Helms interview on the University of Califor- lian, who clerked during the October Center, Justice Scalia similarly com- nia’s ‘‘Legally Speaking’’ television 2007 term, and is now an associate at pared the judicial confirmation process program has been viewed at least six the Bingham McCutchen law firm in to a miniconstitutional convention. If times as often as any other guest. Washington. judges may write a new constitution No doubt some of this popularity, In closing, all Americans owe Justice through their rulings, he said, the this buzz, comes from his engaging per- Antonin Scalia a deep debt of grati- process will be about finding a nominee sonality, his wit, and his sense of tude. Every day he serves on the Su- who will ‘‘write the Constitution that humor. People enjoy being with a per- preme Court Justice Scalia gives a gift you want.’’ son like him. But it also comes from to all of us. He is reintroducing us to Justice Scalia is also affecting how the substance, the sheer magnitude of the principles and to the document we do things in the legislative branch. the message he delivers in that unique that make our liberties possible. He in- The more that judges are willing to do way. People like a witty, engaging per- vites us, in the words of the Kellogg’s our work for us, the less of it we are son. But they also respect powerful Corn Flakes commercial, to try it likely to do ourselves. On the other principles and a message that weighs again for the first time. hand, if judges insist that we legisla- more than a passing intellectual fad. I return to the scene of his first judi- tors say what we mean and mean what I have so far spoken today about Jus- cial confirmation hearing in 1982. The we say, then we are likely to draft laws tice Scalia, the jurist; I cannot close constitutional amendment process was differently. The law that we enact, this tribute, however, without a few underway that day, but it was rightly after all, is the text of our statutes and comments about Antonin Scalia, the happening on the Senate floor rather not the speeches, reports, comments, man. The hearing on his Supreme than in the confirmation of a Federal thoughts, or other things that consume Court nomination 25 years ago took judge. Keeping clear the principle that the legislative process. Knowing that judges who have to in- place in the Judiciary Committee’s only the people have authority to terpret and apply our statutes will regular hearing room, which is much change the Constitution will give us, as look only at the law is an incentive for smaller than where we hold such hear- Justice Scalia often puts it, an endur- us to make sure if it is to be the law, ings today. His hearing lasted just 2 ing rather than an evolving constitu- it must be in the statute. That ap- days, including testimony by wit- tion. We must step up and govern our- proach is more transparent, more ac- nesses. selves rather than look to judges to do countable, and more reliable. We have I can still remember that Justice it for us. Justice Scalia to thank for pushing us Scalia’s family occupied more than one I hope we see this opportunity for in that direction. row in the audience. As Justice Scalia what it is, following Justice Scalia’s Justice Scalia seems to be the Jus- introduced them, including all nine of lead, grasping again the principles of tice liberals love to hate. If this were a his children, he said, ‘‘I think we have liberty and resolving never to let them Harry Potter movie, liberals would put a full committee.’’ go. Justice Scalia on a wanted poster as Media cameras went crazy every time Finally, I have been around here a ‘‘Undesirable No. 1.’’ Yet they just can- his youngest daughter Meg would lean long time. I have had a role with re- not seem to look away. The principles her head on her mother’s shoulder. Meg gard to every current member of the upon which he stands are so compelling was just 6 years old then. But as I re- U.S. Supreme Court and a number of and his way of winning them so power- member, she held up very well as we those who have gone on. I have to say ful that whether you love him or hate lawyers talked about all sorts of juris- that one of the most respected men in him you simply must deal with him. prudential minutiae. this country is Justice Scalia. I count Those who think judges may just That sight impressed on me Justice him as a friend. I count him as a men- make it up as they go along have a Scalia’s deep love for family and the tor. I count him as a teacher and pro- hard time figuring out Justice Scalia sacrifice that family makes when fessor. I count him as one of the all- because he does not follow their game someone like him is so devoted to pub- time greatest Supreme Court Justices, plan. Only a few months into his first lic service. He is also a man of deep a man who, without question, is as term on the Supreme Court, the Wash- faith and love for our country and the good a person as you can find. ington Post reported that though Jus- values on which it was founded. He is a terrific human being. His life tice Scalia was expected to be a hard- Five years ago, I marked Justice has been a life of service to his fellow changing conservative, he was voting Scalia’s 20th anniversary in a speech men and women. His wife is a terrific with liberal Justice William Brennan on the Senate floor. At that time I put person, and as far as I know the kids almost two-thirds of the time. into the RECORD letters from some of are all great too. Several weeks later another Post his former law clerks. I want to do the We have been fortunate that he has headline read: ‘‘Newest Reagan Ap- same today. been willing to serve as he has. We are

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ORRIN HATCH, was not the date of some watershed Supreme be written about, he will be talked U.S. Senate, Hart Senate Office Building, Court opinion about legislative history; it about for a long time because of the Washington, DC. was Justice Scalia’s first full year on the genuine intellect of the man, the tre- DEAR SENATOR HATCH: Thank you for tak- Court. ing the Senate Floor to mark the 25th anni- It would be a mistake to think that Jus- mendous personality he has, the bril- versary of the beginning of Justice Antonin tice Scalia’s influence is limited to statutory liant mind that we see on display every Scalia’s distinguished tenure on the Supreme as opposed to constitutional interpretation, time he writes an opinion or gives a Court of the United States. Thank you also just as it would be a mistake to pigeonhole speech or lectures to us or gives a talk. for inviting me to send you a letter offering his views as conservative or pro-Govern- This is one of the truly great people a few thoughts of my own on this important ment. Perhaps no opinion better illustrates in our country today. I do not care anniversary. both points than his opinion for the Court in whether you are a Democrat or a Re- I have had the privilege both of serving as Crawford v. Washington. That decision a law clerk to Justice Scalia and of arguing worked a fundamental reconsideration of the publican, a liberal or a conservative or over 50 cases before him. I count both experi- Court’s Confrontation Clause jurisprudence. somewhere else, this is a man we ought ences as high professional honors. What is With a classic Scaliaesque focus on text, to all respect with every fiber of our perhaps most remarkable about the oppor- rather than purpose, the Court rejected prior beings, and his family as well. tunity to clerk for the Justice is how much Supreme Court’s decisions which considered EXHIBIT 1 of the interaction with the Justice is oral. the underlying purpose of the Confrontation To be sure, the opportunity to watch the Clause—reliable evidence—in favor of what ETHICS AND Justice work through drafts of an opinion is the text actually guarantees: an absolute PUBLIC POLICY CENTER, a remarkable experience. But his writing right to confront witnesses. As he wrote for Washington, DC, September 9, 2011. style is inimitable, and the clerks are rel- the Court, the Sixth Amendment ‘‘com- Hon. ORRIN G. HATCH, egated to the sidelines. The most valuable mands not that evidence be reliable, but that U.S. Senate, Hart Office Building, Washington, aspect of the clerkship is the opportunity to reliability be assessed in a particular man- DC. discuss the Court’s cases with the Justice. ner: by testing in the crucible of cross-exam- DEAR SENATOR HATCH: Thank you for com- Before every sitting, he had a session with ination.’’ In the years that have followed memorating the 25th anniversary of the Sen- his law clerks that resembled nothing so Crawford, few areas of the Court’s constitu- ate’s unanimous confirmation of Antonin much as an oral argument. With 25 years of tional jurisprudence have been more dy- Scalia to the Supreme Court in 1986—fit- service, the Justice has now had roughly 100 namic and no criminal defendant has had a tingly, on Constitution Day. As someone who law clerks. As a reflection of the Justice’s better champion in a Confrontation Clause has had the special privilege of working both own remarkable career, his law clerks have case than Justice Scalia. for you and for Justice Scalia, I am particu- gone on to distinguish themselves in aca- Justice Scalia’s impact has extended be- larly grateful to you for inviting me to take demia, executive branch service, and the ju- yond the Court in one more important way. part in this celebration. diciary. The key to their success, I believe, is An entire generation of law students has now Over the past twenty-five years, no one has that once you have mixed it up with the Jus- learned the law by reading Justice Scalia’s done more than Justice Scalia to promote fi- tice in an argument in Chambers, very few opinions. Even Justice Scalia’s critics ac- delity to our Constitution. As the most subsequent professional experiences have the knowledge the power of his prose. I have had prominent proponent of the interpretive capacity to intimidate. numerous law students—left, right and cen- methodology of ‘‘original meaning,’’ Justice Perhaps the only experience that can hold ter—confide that whenever there is a case Scalia has forcefully argued that genuine fi- a candle to those in-Chambers debates is to with a Scalia opinion, even a dissent or con- delity to the Constitution requires that its argue a case before the Justice and his col- currence, they always read the Scalia opin- provisions—including, of course, its amend- leagues. Justice Scalia clearly changed the ion first. And who can blame them? Who ments—be interpreted in accordance with dynamic of Supreme Court oral arguments. would want to read about a three-pronged the meaning they bore at the time they were One only needs to listen to the audio record- doctrinal test, when instead you can read adopted. His intellectual triumph over advo- ing of arguments before Justice Scalia joined about 60,000 naked Hoosiers or even just nine cates of the so-called ‘‘living Constitution’’ the bench to appreciate his impact. Advo- people selected at random from the Kansas approach—under which judges are free to cates used to hold forth at length with only City phone book. And Justice Scalia’s color- look to their own values or sense of empathy occasional questions from the Justices. The ful prose can have serious consequences—I in determining what the Constitution Justice arrived and began asking questions am not sure the Court’s Lemon test has ever means—has been so devastating that his op- in rapid-fire succession. His colleagues did fully recovered from being compared to a B- ponents have largely abandoned the term not want the newest Justice to steal the movie ghoul. ‘‘living Constitution’’ and some have even show and began asking more frequent ques- Finally, the most commendable thing tried to rebrand their positions as tions, and as subsequent Justices joined the about your decision to mark this anniver- originalist. Court, they too joined the fray. I do not be- sary is that it does not require us to wait for Justice Scalia’s clear ideas are made all lieve it is an accident that the Solicitor Gen- the end of Justice Scalia’s service to cele- the more potent by his distinctive writing, eral’s office only formalized its practice of brate his tenure. I can assure you that from which combines a sparkling prose and a log- holding moot courts after Justice Scalia an advocate’s perspective, Justice Scalia ap- ical rigor in a manner that is especially ac- joined the Court. pears to be a vibrant young man up on that cessible and appealing. Justice Scalia’s impact on the Court has bench. At the same time we mark his twen- Time has a way of vindicating Justice extended well beyond oral argument. He has ty-five years of service, we can look forward Scalia’s judgments. Virtually everyone, for had a profound impact on the way the Su- to his continuing service to his country and example, now recognizes the soundness of preme Court, and all Judges, decide cases. his Court. Justice Scalia’s brilliant solo dissent in Mor- The impact is most obvious in the area of Most sincerely, rison v. Olson, the 1988 case in which the Su- statutory construction. He has fundamen- PAUL D. CLEMENT. preme Court ruled that the independent- tally changed the way the Supreme Court counsel statute did not violate the Constitu- approaches the interpretation of congres- KIRKLAND & ELLIS LLP tion’s separation of powers. Precisely be- sional statutes. Coming from a former law AND AFFILIATED PARTNERSHIPS, cause Justice Scalia’s jurisprudence reflects clerk, this could be dismissed as being less Chicago, IL, September 15, 2011. the genius of the Framers and an abiding than objective. But I have a much better Sen. ORRIN G. HATCH, faith in, and fidelity to, American constitu- source for this observation: Justice John Hart Senate Office Building, tional principles, there is ample reason to Paul Stevens. A few years ago, the Supreme Washington, DC. expect that his wisdom on other hotly con- Court held argument in Arlington Central DEAR SENATOR HATCH: Thank you very tested issues of the era will ultimately pre- School District v. Murphy, a case involving much for honoring Justice Scalia on the vail. the question whether expert fees were recov- twenty-fifth anniversary of his confirmation I am personally grateful to Justice Scalia erable under a statute that allowed for the to the United States Supreme Court. It is an for the opportunity to serve as his law clerk recovery of attorneys’ fees and costs. There honor to contribute a letter to your effort. for a year, for all that I learned about the was a pretty good textual argument—which I suspect that many of Justice Scalia’s col- law and about legal reasoning from working the Court ultimately adopted—that expert leagues in the federal judiciary, his former with him, and for his friendship and support fees were neither attorneys’ fees nor costs. colleagues from the legal academy, and during my ensuing career. But, like all There was also a pretty good argument based many of my colleagues in the Scalia law Americans, I am also deeply indebted to him on the conference report that the conferees clerk family will write about the Justice’s

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5823 vast intellect and his profound contributions Thank you again for your efforts to recog- his rhetorical skills. Few judges have ever to the law. Their comments will certainly be nize the twenty-fifth anniversary of Justice turned phrases as colorfully as he does. I wit- on the mark. Justice Scalia is one of the Scalia’s confirmation to the Supreme Court. nessed firsthand the pleasure he takes from smartest people one will ever encounter. And And thanks for your continuing service to writing, and it is an investment that has he has indelibly influenced many areas of the the Nation as well. served him well. The reason he was the law. He not only has written landmark opin- Sincerely, thinker that brought textualism and ions concerning numerous areas of constitu- MARK FILIP. originalism to life may very well have been tional and statutory law, he has, even more because he was the writer that could not go broadly, focused debate about the proper VANDERBILT LAW SCHOOL, unread. methods of interpreting the Constitution and Nashville, TN, September 9, 2011. Justice Scalia’s long public service and his federal statutes. He also has made key con- Hon. ORRIN HATCH, extraordinary influence on the law deserve tributions to the debate about the proper U.S. Senate, Hart Office Building, Washington, recognition and respect. The Supreme Court role of the federal judiciary within our sys- DC. is a much richer place today than it would tem of government. Not everyone agrees DEAR SENATOR HATCH: This month marks have been had the Senate not elevated Jus- with his views, of course, but I suspect most the 25th anniversary of the United States tice Scalia there 25 years ago. It would be a everyone would agree that he has been, and Senate’s confirmation of Justice Antonin nice gesture of bipartisanship to take a few remains, one of the most important voices in Scalia to the Supreme Court of the United minutes this month to remember him. these key discussions. States. On September 17, 1986, the Senate Sincerely, If I may, however, I am going to leave the confirmed Justice Scalia by a vote of 98–0, BRIAN FITZPATRICK, accounting of Justice Scalia’s jurispru- and, on September 25, he received his com- Associate Professor of dential contributions to others far more mission. scholarly and intelligent than me. Instead, I hope that the Senate will find an appro- Law, Vanderbilt let me please briefly address an aspect of priate moment sometime in the coming University; Law Justice Scalia that sometimes receives less weeks to honor Justice Scalia for this impor- Clerk to Justice public attention—namely, just how nice and tant milestone in his service to the Amer- Scalia, 2001–2002. decent a person he is on a human level. ican people. I realize that some members of It is commonly said within the Scalia law the Senate are more fond of Justice Scalia’s SEPTEMBER 17, 2011. clerk family that the Justice was the nicest jurisprudence than are others, but, no mat- Senator ORRIN G. HATCH, boss any of us has ever had. He is, first and ter where one stands on that question, I U.S. Senate Judiciary Committee, Hart Senate foremost, a teacher at heart, and he rou- think it has to be acknowledged that Justice Office Building, Washington, DC. tinely would take time, despite his workload Scalia has been one of the most influential DEAR SENATOR HATCH, as one of Justice and responsibilities, to help us become bet- legal thinkers in modern American history— Antonin Scalia’s former clerks, I’m de- ter thinkers and lawyers. He also treated us indeed, perhaps in all of American history. lighted that you are commemorating the with the utmost professionalism and respect, In an age where much judicial decision- 25th anniversary of the Senate’s September and with concern for our personal lives as making is ad hoc, Justice Scalia distin- 17, 1986 vote to confirm him as an Associate well as our professional ones. That concern guishes himself by following coherent judi- Justice of the Supreme Court of the United has remained in the years since we clerked cial philosophies known as ‘‘textualism’’ and States. for him—as he has shared our joys, with the ‘‘originalism.’’ Although these philosophies birth of our children, and our sorrows, with may have predated Justice Scalia in some In hindsight, it is a wonderful coincidence the deaths of loved ones. form, I think it is fair to say that he brought that Justice Scalia was confirmed on the Justice Scalia’s generosity with his time them to life, and, in doing so, forever 199th anniversary of the signing of the Con- and attention is not limited to his law changed the way lawyers, judges, and public stitution. (The bicentennial would have been clerks. I recall one time, in the early sum- officials talk and think about the law. even more fitting, but we’re all grateful the mer when I was clerking, when Justice This is not mere conjecture; it can be dem- Senate didn’t wait a year for it.) Over the Scalia had been working particularly hard onstrated empirically. Several years ago, a last 25 years, his name has become a syn- for quite a stretch of time. Notwithstanding student note was published in the Harvard onym for ‘‘originalism,’’ the view that the those demands, he agreed to meet with a Law Review called Looking it Up: Diction- Constitution of the United States has only group of school children who were touring aries and Statutory Interpretation, 107 one, unchanging, original meaning—the the Court—as I recall, somewhat unexpect- HARV. L. REV. 1437 (1994). The author exam- meaning that prevailed when it was adopted. edly within his schedule. Despite the sixteen ined how often the Supreme Court cited dic- He has authored some of the most significant hour days he had been putting in for some tionaries in its opinions. The author found originalist opinions the Supreme Court has weeks, he engaged the kids at length, and that citations dramatically increased after ever issued, including opinions on the fielded their many questions, for well over Justice Scalia brought his textualist ap- accused’s Sixth Amendment right to con- an hour. There were no historians to record proach to statutory interpretation to the front the witnesses against him (Crawford v. his deeds, nor camera crews, but he did it Court in 1986. And it was not only Justice Washington) and on our Second Amendment just because he is a generous and decent per- Scalia who was citing the dictionary: all of right to keep and bear arms (District of Co- son. He entertained the kids (he is quick to the Justices were doing it. In short, whether lumbia v. Heller). laugh, and quick to joke as well) but he also or not one agrees with Justice Scalia’s phi- Justice Scalia believes that judges must be made them think about important issues, losophies, nearly everyone acknowledges originalists because the United States is a and he took the time necessary to do that, their power and nearly everyone understands nation ruled by law, not by judges. The notwithstanding the long hours he had been they must be grappled with. whole point of writing out a constitution (in- putting in for many weeks. Consider as well how often Justice Scalia deed, of writing out any law), he observes, is Justice Scalia will be ranked among the appears as the subject of law review articles. to prevent rules from being changed. As he most important jurists in American history I asked a research assistant to tally how has famously quipped, the rule of law is a because of his vast professional contribu- often his name appeared in the title of a law law of rules. tions. He also is a model of a dedicated pub- review article compared to the 17 other Jus- For Justice Scalia, these words aren’t just lic servant, who works earnestly to dis- tices who have been his colleagues. Although rhetoric. They are principles he strives to charge his duties to the American people, it turns out that this is more difficult to do follow in all his judicial tasks, even the most that can be emulated by judges throughout than it sounds—Justices with common last insignificant ones. My favorite example of the nation. But he also is an exceedingly names generate many false positives—after this illustrates the depth of his commitment kind and decent person. Being a nice person eliminating the most common false to rules. is not everything, but it is quite important positives, my research assistant reported indeed, and in that regard, he is also a gem. what I had long suspected: law professors In the Supreme Court, a party can ask the In closing, let me please add one final write many more law review articles about justice assigned to his or her circuit to post- thought. Any recognition of Justice Scalia’s JusticeScalia than about any of his col- pone a filing deadline. Applications for an twenty-five years of service on the Supreme leagues (including, strikingly, Thurgood extension of time are not exciting work, par- Court would be incomplete without a rec- Marshall, the first African American on the ticularly compared to everything else going ognition of his wife, Mrs. Maureen Scalia. Court, and Sandra Day O’Connor, the first on at the Court. As a result, they aren’t paid Serving on the Supreme Court is certainly a woman). My research assistant found 220 ar- much attention. As a further result, the vast huge honor, but serving in that role imposes ticles about Justice Scalia, well ahead of the majority of the applications are granted—ex- substantial demands on any person and those 150 or so for his closest competitors (and cept, it turns out, in Justice Scalia’s circuit. around them. I am quite confident, because I many of the articles found for his closest Whereas the other justices tend to deny only have heard Justice Scalia say it many times, competitors were false positives not easily a handful of extension applications each year that he could not have served on the Su- eliminated). In short, love him or hate him, (less than 20%), Justice Scalia grants only preme Court without the support of his love- nearly everyone feels the need to reckon that many. Why does he take a solitary ly wife over his many years in the federal ju- with him. stand over insignificant procedural motions? diciary. She too is owed recognition and Justice Scalia’s influence is a result not Barely three months on the job, Justice thanks. only of the strength of his ideas, but also of Scalia gave his answer. He had received one

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The argument is The second area I wish to touch on, and prepare the [petition for a] Writ of Cer- that the Trade Adjustment Assistance in terms of trying to rebut some of tiorari.’’ This was the legal equivalent of a Program is just a giveaway to labor these criticisms about the Trade Ad- form letter, mailed in with the expectation unions and that they are the people justment Assistance Program, is the that it was a technical formality, as if five who want the program; that it is some- argument that there is no need to ex- minutes of copying a prior application plus thing that is part of the labor priority tend eligibility to those in the service the price of postage were all that someone list. I can tell the occupant of the sector. In 2009, Congress expanded the needed to get an extra 60 days to file a peti- chair—and I am sure she hears the Trade Adjustment Assistance Program tion. To the attorney’s surprise, Justice Scalia same thing I do at home—that folks so service workers who are displaced by denied the request and wrote a short expla- who are members of labor unions don’t trade would be eligible for assistance. nation for his decision, making an example come up to us and say what they want There has been criticism of this expan- of the seemingly routine case (Kleem v. INS). in the Trade Adjustment Assistance sion, and I wish to make sure, again, The Supreme Court’s rules say that a party Program. They say: Senator, I want to that Senators and those listening to must demonstrate ‘‘good cause’’ for an ex- have a good-paying job. I want a job this debate actually get some of the tension, and they admonish that extension where I can support my family and key facts. requests are ‘‘not favored.’’ If needing more It is important to remember that 82 time to prepare the best possible petition where I have a living wage. That is was ‘‘good cause,’’ everyone could honestly what I am concerned about right now. percent of employment between 2006 claim good cause. Then, the Court’s pro- What I am concerned about is China, and 2010 was in the service sector. To nouncement that extension requests are for example, with their low-interest argue that workers in computer pro- ‘‘not favored’’ would serve only to deter in- loans. In some areas, such as solar gramming, finance, accounting, and in- experienced attorneys who, not being part of manufacturing, which I have written surance do not face foreign competi- the savvy club, didn’t know that the rules the Obama administration about, they tion is simply to put our heads in the don’t really mean what they say. are undercutting our solar manufactur- sand. Of course, the easy decision always is to A forthcoming paper by Bradford grant an application. But what is easy isn’t ers because they are basically giving always right, and what is right isn’t always out free money now. That is what Jensen finds that Americans employed easy. We expect judges to do what is right, workers come up to Senators and say: in businesses and professional services no matter how hard it is. Justice Scalia ful- Senator, I want a good job, one I can face more international competition fills our expectations in all he does. make sure that when I go to bed at than workers in the manufacturing Twenty five years ago, what was right was night, I will know when I wake in the sector. Again, when Senators hear this also easy: the Senate should be proud that it morning, I will be able to support my argument that there is no case for ex- unanimously consented to give Justice family. Labor union folks don’t walk tending trade adjustment assistance Scalia a lifetime appointment to the highest court in the land. His commitment to the up and say: This is what I want from eligibility to service workers, I hope rule of law is unflagging, as strong today as the Trade Adjustment Assistance Pro- they will think through the implica- it was the day he was confirmed. gram. tions of the international competition Respectfully yours, The fact is, it has been documented our workers face in this sector because BRYAN M. KILLIAN, by Mathematic Policy Research that those in computer programming, in fi- Law Clerk to Justice Scalia (2007–2008). less than half the participants in the nance, in accounting, and in insurance The PRESIDING OFFICER (Mrs. TAA were members of a union. Let me are important workers in the American HAGAN). The Senator from Oregon is repeat that. Less than half of those economy. They have played a big role recognized. who participated in trade adjustment particularly in the export sector. I Mr. WYDEN. Madam President, my assistance were members of a union. In think to arbitrarily say they should hope is that we are moving into the fact, this is a program that is available not be eligible for the Trade Adjust- homestretch, in terms of being able to to all American workers who qualify. ment Assistance Program, given what pass the trade adjustment assistance When we are talking about applying, in many of them are facing in terms of legislation. effect, a trade adjustment assistance international competition, isn’t right. I strongly support efforts to promote petition can be filed by any of the fol- The third argument I would like to more exports. The President has set a lowing groups: a group of three or more take on directly is the argument that, laudable goal of increasing exports. We workers, an employer, a labor union, a in some way, the Trade Adjustment As- know that in the export sector, there is State workforce official, a one-stop op- sistance Program is almost a duplica- an opportunity to make things here, to erator or partner or any other person tive program. Again, the facts show grow things here, to add value to them who is designated a duly authorized this argument doesn’t stand. A here, and then ship them around the representative. Mathematic Policy Research report world. To promote these export mar- This is, to me, the bottom line. In from last year makes clear that work- kets and generate the economic growth 2009, more than 9 out of 10 petitions for ers who lose their job due to increased our country wants, we have to make trade adjustment assistance relief were imports—surging imports is the way sure our workers have the latest, most filed by nonunion firms or groups. I we ought to appropriately characterize updated skills to make sure they can will repeat that because we have heard it—those folks who are, therefore, eli- get those jobs and exports and get so frequently this is somehow a give- gible for the Trade Adjustment Assist- American products around the world. away to labor or a sop to the labor ance Program because of surging im- As I indicated yesterday, there is no unions. In 2009, more than 9 out of 10 ports tend to be older, often have less doubt that the American brand is a hit TAA petitions were filed by nonunion education, and have higher prelayoff around the world. Ninety percent of firms or groups. More than two-thirds earnings compared to other unem- the consumers are outside the United of the eligible population for the Trade ployed Americans. States, and they want our products. My Adjustment Assistance Program were That is why the Trade Adjustment hope is, as I have indicated, that we are not members of a union. Assistance Program is different than moving toward being able to pass this I hope that, at this point in the de- the unemployment insurance program. legislation, the trade adjustment as- bate, we can make it clear, we can It is tailored to meet the distinct needs sistance, to increase our exports. Be- make it understandable that TAA is of a critical portion of the labor force. cause some pretty astonishing com- not a program only available to labor The workers are older, and often they ments have been made with respect to unions. That is not true. The Trade Ad- have less education. The transition, as the Trade Adjustment Assistance Pro- justment Assistance Program is not the occupant of the chair knows, can gram, I wish to take a few minutes this only available to labor unions. TAA is be gut-wrenching because a lot of these afternoon and make sure we can get for all Americans. As this debate con- individuals, before their layoffs, were

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5825 making good wages. Now they are won- national Trade. I saw this as an oppor- they are going to have a good-paying dering how they are going to be able to tunity to grow the Oregon economy job in the morning, given what is being get the skills and how they are going and to grow good-paying family wage reported every day in the newspapers to be able to pick up the knowledge to jobs. Oregon has a very good record in in terms of layoffs and the kinds of tap the latest opportunities that are terms of manufacturing. We face a challenges our companies are facing in available in American business that is whole host of dramatic challenges these tough global markets. That is looking to export. right now. For example, I am particu- why legislation to promote exports This is a program that doesn’t dupli- larly concerned about where our coun- makes sense. It is an opportunity to cate any other. It is a program that is try is headed in terms of manufac- provide a new measure of economic se- designed to serve a unique population. turing in the renewable energy sector. curity to hard-working American fami- I am sure we are going to continue The Chinese are engaged in very ag- lies—to tap those export markets. We through the rest of the discussion gressive and questionable practices have to make sure our workers, all of about trade adjustment assistance and with respect to the Chinese Develop- our workers, can get the skills and see a lot of back and forth between ment Bank. In effect, they are giving those kinds of opportunities so they Senators with respect to the merits of free money to companies that can man- can qualify for those export markets. the program. ufacture and undercut the American This legislation—passing trade ad- I continue to believe we ought to market. I have asked the Obama ad- justment assistance—is a key compo- start, as we analyze it, by remembering ministration to investigate this. If nent of our ability to generate more this has always been a bipartisan pro- they do not, I am certainly going to be jobs in the private sector through ex- gram, No. 1; No. 2, TAA petitions have looking legislatively at pursuing trade ports. I certainly hope we are in the been approved by Labor Departments remedies. homestretch of being able to pass this in both Democratic and Republican ad- Much of what we are faced with in legislation and then to move on to the ministrations. This has roots in the bi- terms of the renewable energy sector, agreements, move on to the oppor- partisan effort to support expanded particularly generating jobs in manu- tunity to generate more exports, be- trade. One study after another shows facturing in that sector, deals with cause that means more work—good- that expanded trade—particularly tap- making sure we have a rules-based paying work—for our people. ping export markets—can generate trading system. We enjoy the fact that Madam President, with that, I yield hundreds of thousands of jobs. But China is a trading partner. Our State the floor at this time. there is no question that, as we try to gets a significant amount of jobs from The PRESIDING OFFICER. The Sen- make sure we don’t lose a single job in exporting goods to China. But the Chi- ator from South Dakota. Mr. THUNE. Madam President, I also America—even short term—some work- nese, like everybody else, have to com- believe profoundly that increasing our ers can end up needing some help dur- ply with the rules, and there is a sub- exports, improving our trading oppor- ing a transition from one job to an- stantial amount of evidence that the tunities for businesses in this country other, and if they have been harmed by rules aren’t being complied with as can do a lot to get Americans back to surging imports, the Trade Adjustment they relate to manufacturing in the work. It employs a lot of people across Assistance Program is there for them. solar sector. this country today, and it is important That is why I am using my position That is why we ought to reauthorize it. we get these trade agreements done. I I think we also ought to recognize it as chairman of the Subcommittee on couldn’t agree more with what my col- is knitted together with the effort to International Trade, Customs, and league from Oregon had to say about pass the free-trade agreements because Global Competitiveness to get on top of that in terms of its impact on the econ- the free-trade agreements are about that. We have already lost some solar omy. more exports. To have all the workers manufacturers and we shouldn’t sit What is unfortunate, in my view, is we need for the potential export mar- idly by and lose more. That is the kind the fact we have had to wait so long to kets, we have to make sure workers of challenge we ought to be working on get where we are. We have had trade who have been laid off have a chance to together on a bipartisan basis; not agreements now that have been teed upgrade their skills. coming to the floor of the Senate and up, literally signed back in December We will come back to this topic, I am blocking a piece of legislation that of 2006 for Colombia, Panama, and certain, but I hope, in the last few min- gives our workers an opportunity to South Korea, in 2007, and it strikes me utes, I have been able to at least offer get ahead—to get ahead in the private that at the least we have lost a tre- some concrete, documented facts that sector, to get ahead in the export mar- mendous amount of opportunity and a make clear that the Trade Adjustment ket, and to be in a position to get the tremendous amount of market share as Assistance Program is not a sop to or- good-paying jobs that are going to be a result of the delay. ganized labor, since, in 2009, the vast available in the years ahead if we pass I would have hoped yesterday we majority of those granted relief had legislation to remove trade barriers. would have passed trade promotion au- nothing to do with a labor union; sec- The reality is that in virtually all of thority, because that allows us at least ond, that we have made the case for these areas, our tariffs are low, which to be at the table to negotiate trade why service workers, facing aggressive means that around the world countries agreements in the future. We have been international competition, ought to be get to send their products to us and get basically locked out of that since trade eligible for the TAA; third, I hope we almost totally free access to our mar- promotion authority lapsed back in have been able to lay out how this pro- ket. Yet, around the world, when we 2007. This is a global economy, and the gram doesn’t duplicate any others be- try to ship our products to them, we world is passing us by. Every single cause this is a unique group who dis- face very substantial tariffs. That is day we are not engaged, that we are proportionately uses the program, who what we are trying to change here on not out there negotiating trade agree- is older, often with less education, and the floor of the Senate—to level the ments with countries around the world the transition can be particularly gut- playing field. Because if we level the somebody else is, and every single day wrenching because very often they playing field, our workers get more out we are losing opportunities for Amer- have higher prelayoff earnings com- of it than do the workers of other coun- ican business to export and to grow our pared to other unemployed Americans. tries. And that, to me, ought to be par- economy and to create jobs here at I think we understand the biggest ticularly appealing to Senators now home. challenge for this Senate is creating when our folks are hurting and when What I want to speak to today is an more good-paying jobs. In my State, there is so much pain in communities amendment I filed earlier this after- about one out of six jobs depends on across this country. noon that deals with what I believe is international trade. The trade jobs When I am home, I am consistently a very important topic, and that is the tend to pay better than do the seeing workers who are walking an eco- high cost of delay when it comes to the nontrade jobs. That is why I considered nomic tightrope—balancing their food pending free-trade agreements. Much it such an honor when Chairman BAU- bills against their fuel bills and their attention has been paid in this debate CUS asked me to chair the Finance fuel bills against their medical costs. to the pros and cons of trade adjust- Committee’s Subcommittee on Inter- They go to bed at night wondering if ment assistance, and that is certainly

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5826 CONGRESSIONAL RECORD — SENATE September 21, 2011 a debate we ought to have. But we agreement is in America’s national and when it comes to implementing these should not overlook the fact there has economic interest, he needs to submit free-trade agreements. We have seen in been a real cost to America’s economy it to Congress. The three pending trade these examples of Colombia and Pan- and American business associated with agreements, which hopefully will be ama and South Korea with great clar- the President’s strategy to link pas- considered soon, are a good case in ity the economic impact—the loss of sage of the free-trade agreements to point. Consider that U.S. companies market share—that has occurred to the renewal of an expanded Trade Ad- have paid more than $5 billion in tariffs many of our exporters as a result of justment Assistance Program—very to Colombia and Panama since the this delay. It is important we know, unfortunate, especially considering trade agreements with these nations that American business know, that the what even the White House acknowl- were signed more than 4 years ago. American people know what we are los- edges, which is that passing the trade That is $5 billion American companies ing when we delay these agreements, as agreements is one of the best things we have had to put out in the form of tar- has happened here with these three can do in the short term to create jobs. iffs to these countries because these particular agreements. According to the Business Round- trade agreements—which were signed It is a straightforward amendment, table, the passage of the trade agree- more than 4 years ago—haven’t entered and I offer it to raise what I think is an ments will support 250,000 American into force. important issue, which is that when we jobs. The U.S. Chamber of Commerce More importantly, U.S. businesses get signed agreements, we need to take estimates this figure could be as high have lost countless business opportuni- action on those. They need to be sub- as 380,000 U.S. jobs. You would think ties in Korea, Colombia, and Panama. mitted, to be ratified and enacted by passage of these trade agreements, Without trade agreements to ensure the Congress, or we are going to con- which were signed in 2006 and 2007, similar treatment for our exporters, tinue to lose out on critically impor- would have been a priority, and an American businesses will continue to tant opportunities for American ex- early priority, for the Obama adminis- 1 face high tariff and nontariff barriers porters. tration. Yet here we are, more than 2 ⁄2 abroad. Consider just one example: the Madam President, I yield the floor. years into this administration, and the market for agricultural products in The PRESIDING OFFICER. The Sen- President still has not made a commit- Korea, which is the world’s 13th largest ator from Oregon. ment to sending us the trade agree- economy. Korea’s tariffs on imported Mr. WYDEN. Madam President, be- ments so we can consider them. agricultural goods average 54 percent fore he leaves, I simply want to say to I hope what we are doing today puts the distinguished Senator from South in place a process whereby that will compared to an average 9-percent tariff on these imports into the United Dakota, who is the ranking Republican happen. But as of right now, we have on our subcommittee, that I very much yet to see those trade agreements, not- States. Passage of the Korea Free Trade Agreement will level this play- enjoy working with him. I have lis- withstanding the President’s assertions tened carefully to his remarks, and it he is committed to growing trade and ing field. Yet the administration con- seems to me what we ought to be ad- to getting these trade agreements tinues to delay sending these agree- dressing in the Senate is our country’s passed. That can’t happen until they ments to Congress. opportunities. This is about opportuni- are submitted to the Congress for rati- At a time of near record unemploy- ties. Trade agreements present an op- fication. I am hopeful the trade bill be- ment and slow economic growth, this portunity for more exports, some- fore us now will allow us to get to a delay is unacceptable. This ongoing thing—as the Senator from South Da- full and fair debate on the trade adjust- delay is having a real impact on Amer- kota touched on—that is particularly ment assistance and, in so doing, we ican businesses and it will only get promising for areas such as agri- will finally get to where we have re- worse. The Colombian market for agri- culture. I know in South Dakota and moved what I hope is the last obstacle cultural products is another good ex- blocking passage of the three free- ample of the high cost of delay. In 2010, Oregon these are huge opportunities. trade agreements. for the first time in the history of U.S.- America is about exports, and free- My amendment is very simple. Under Colombia trade, the United States lost trade agreements are about opportuni- the current trade promotion authority to Argentina its position as Colombia’s ties to export. procedures, the International Trade No. 1 agricultural supplier. The Trade Adjustment Assistance Commission must prepare a report that Consider the story of the three main Program is about opportunities for our is submitted to Congress no later than crops we grow in South Dakota—soy- workers to update their skills. In a 90 days after a trade agreement is beans, corn, and wheat. The combined sense, American business is only as signed. However, there is currently no market share in Colombia for these competitive as its workers. That is requirement the ITC conduct a study three U.S. agricultural exports has de- why, in my view, we have always had to assess the negative impact on U.S. creased from 78 percent in 2008 to 28 this tradition—a bipartisan tradition businesses when we delay implementa- percent in 2010—a decline of 50 percent- which I have tried to highlight this tion of an agreement, as we have with age points. afternoon—of making sure we look at Korea, Colombia, and Panama. My We are living in a global economy. every possible opportunity to advance amendment would simply require that America cannot afford to stand still trade. the International Trade Commission and to stay on the sidelines when it Before the Senator came to the floor, assess the negative impact to U.S. comes to trade. In 1960, exports ac- I think I talked about—and he and I businesses if a trade agreement is counted for only 3.6 percent of our en- have talked about this—the fact that signed but has not been considered by tire GDP. Today, exports account for our tariffs have historically been low Congress within 2 years. 12.5 percent of our GDP. Exports of compared to the rest of the world; they The ITC study would focus on lost U.S. goods and services support over 10 have big tariffs. We have trade agree- U.S. exports, how the delay has im- million American jobs. It is long past ments that level the playing field, and pacted U.S. trade objectives, as set time for us to get back in the game by our side gets more out of it than every- forth under TPA, as well as how the passing the three pending trade agree- body else. It has been part of the bipar- delay impacts the protection of U.S. in- ments and then to work aggressively to tisan approach to trade. It seems to me tellectual property overseas. The study make sure our administration is in a we have the chance—and I hope we are would also estimate the impact on U.S. position, with trade promotion author- heading into the home stretch, because employment if the trade agreement in ity, to negotiate new agreements that I think the Senator from South Dakota question continues to languish. And, fi- will open new market opportunities for has correctly noted it is certainly time nally, the ITC would be required to up- American business. America’s manu- to get this done—to get this to the date this study in every year subse- facturers, America’s farmers, and President’s desk; that we can resolve quent that the trade agreement is not America’s service providers cannot af- this by saying this is an opportunity to considered by Congress or if it is not ford to wait any longer. see Congress—the Senate—at its best. entered into force. What this amendment does, very sim- Because we can be in the opportuni- My amendment follows a basic prin- ply, is require us to weigh and to evalu- ties business, trade agreements gener- ciple: If the President believes a trade ate and analyze the impact of delay ating opportunities for exports that are

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One nomic pain, the Hatch amendment Japan. way or the other, these agreements would make it harder for workers, We need opportunities for our busi- need to get dealt with, and here we are, companies, and farmers to obtain trade nesses to export, but we also need op- almost 5 years later with regard to Co- adjustment assistance in order to be portunities for our workers, and I hope lombia and over 4 years later with re- able to compete in the global economy. that as we move into the home stretch gard to Panama and South Korea. That Specifically, the Hatch amendment of this discussion, we can see that is way too long for us to be out of the would take Congress back to a stand- trade adjustment assistance is an op- game, so to speak, and it has cost us ard for qualifying for TAA benefits portunity for our workers to update mightly. So I hope we can get these that was a demonstrated failure in the their skills. As they update their done. early 1980s. skills, that is going to make American He is right, we have a process in Chairman BAUCUS and Chairman businesses—particularly our export- place that I hope will enable us to fi- CAMP have put together a reasonable ers—more competitive because they nally accomplish this. But we ought to TAA agreement. It is bipartisan. That will have workers who can take the make sure that doesn’t happen again in bipartisan agreement ought to be pre- jobs. the future. served, which is why the amendment I wish to express my appreciation to Mr. HATCH. Madam President, I by the Senator from Utah should be re- the Senator from South Dakota. He yield the floor. jected. and I have worked very closely on a The PRESIDING OFFICER. Who I strongly urge a ‘‘no’’ vote on the whole host of issues, in fact some that yields time? amendment. I think are going to be a big part of the Mr. WYDEN. Madam President, I Mr. HATCH. Mr. President, I ask for future debate. The Senator from South note the absence of a quorum. the yeas and nays. Dakota and I want to make sure those The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a who manufacture digital goods in our clerk will call the roll. sufficient second? The legislative clerk proceeded to country and offer digital services get There appears to be a sufficient sec- call the roll. ond. treated fairly in international mar- Mr. HATCH. Mr. President, I ask kets. This is also a promising oppor- The question is on agreeing to the unanimous consent that the order for amendment. tunity: digital goods—software, for ex- the quorum call be rescinded. ample—digital services such as cloud The clerk will call the roll. The PRESIDING OFFICER (Mr. The assistant legislative clerk called computing. Under the legislation the UDALL of New Mexico). Without objec- Senator from South Dakota and I have the roll. tion, it is so ordered. Mr. DURBIN. I announce that the offered, we can break down some of the Mr. HATCH. As I understand it, we Senator from West Virginia (Mr. barriers to those kinds of products. I are prepared to vote. ROCKEFELLER) is necessarily absent. am looking forward to working with AMENDMENT NO. 642 Mr. KYL. The following Senators are him on that and a number of other The PRESIDING OFFICER. That is necessarily absent: the Senator from issues. correct. Under the previous order, the Wyoming (Mr. ENZI) and the Senator Madam President, I yield the floor. question occurs on amendment No. 642 The PRESIDING OFFICER. The Sen- from Wyoming (Mr. BARRASSO). offered by the Senator from Utah, Mr. The PRESIDING OFFICER. Are there ator from South Dakota. HATCH, with 2 minutes of debate equal- Mr. THUNE. Madam President, I just any other Senators in the Chamber de- ly divided prior to the vote. want to say I thank the Senator from siring to vote? The Senator from Utah is recognized. The result was announced—yeas 40, Oregon. He and I have worked together Mr. HATCH. Mr. President, I rise in nays 57, as follows: on a number of issues, not the least of support of my amendment No. 642. It is which is some of these trade issues, and [Rollcall Vote No. 144 Leg.] fairly simple. It tightens the nexus be- YEAS—40 I look forward to continuing that col- tween TAA benefits and actual jobs Alexander Hatch Moran laboration. I do believe the Senator lost because of trade by requiring a from Oregon is someone who really un- Ayotte Heller Murkowski stricter standard to receive TAA bene- Blunt Hoeven Paul derstands the value of opening export fits. The expanded TAA benefit offered Boozman Hutchison Risch opportunities for American businesses by my friends across the aisle con- Burr Inhofe Roberts and has worked and advocated on their Chambliss Isakson Rubio tinues the ‘‘contributed importantly’’ Coats Johanns behalf in his time in the Senate. Sessions standard that says if trade is a cause Coburn Johnson (WI) Shelby I think the Senator would also under- Cochran Kirk which is important, but not necessarily Thune Corker Kyl stand the frustration some of us have Toomey more important than any other cause Cornyn Lee expressed, and perhaps is felt even by Vitter of the job loss, TAA benefits can be Crapo Lugar Wicker him and others, that these things have provided. That is not a tight nexus. DeMint McCain languished for so long. I understand As a result, many workers are eligi- Grassley McConnell the issue of trade adjustment assist- ble for TAA benefits even if their job NAYS—57 ance is very important to him and loss was not caused by trade. My Akaka Gillibrand Murray many other Members on his side of the amendment requires that trade would Baucus Graham Nelson (NE) aisle, as well as some on our side, but have to be a ‘‘substantial cause’’ of job Begich Hagan Nelson (FL) it strikes me at least that we could Bennet Harkin Portman loss for TAA benefits to be available. Bingaman Inouye Pryor have been at this a lot sooner and not This standard was established by Presi- Blumenthal Johnson (SD) Reed have relinquished and given up so dent Reagan when he constrained Boxer Kerry Reid many of the lost market opportunities Brown (MA) Klobuchar Sanders spending on TAA. Brown (OH) Kohl Schumer I mentioned in my remarks. It cer- By returning to the stricter TAA Cantwell Landrieu Shaheen tainly impacts an agricultural State standard, this amendment puts reason- Cardin Lautenberg Snowe such as mine and many other Members able constraints on the program to Carper Leahy Stabenow who represent agricultural areas of Casey Levin Tester stop it from expanding into another Collins Lieberman Udall (CO) this country. out-of-control spending program. Conrad Manchin Udall (NM) If you look at the loss of market I ask my colleagues to help the Coons McCaskill Warner share that has occurred in just these American taxpayers and constrain Durbin Menendez Webb Feinstein Merkley Whitehouse last few years since we have sort of TAA spending by supporting this Franken Mikulski Wyden been locked out and other countries amendment. have moved in to fill that vacuum, it is The PRESIDING OFFICER. The Sen- NOT VOTING—3 very frustrating to many of us to have ator from Oregon. Barrasso Enzi Rockefeller witnessed that. That is why this Mr. WYDEN. Mr. President, I rise in The PRESIDING OFFICER. On this amendment sort of gets at the idea opposition to the Hatch amendment. In vote, the yeas are 40, the nays are 57.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5828 CONGRESSIONAL RECORD — SENATE September 21, 2011 Under the previous order requiring 60 The PRESIDING OFFICER. Is there a In the meantime, I suggest the ab- votes for the adoption of this amend- sufficient second? sence of a quorum. ment, the amendment is rejected. There is a sufficient second. The PRESIDING OFFICER. The AMENDMENT NO. 645 The question is on agreeing to the clerk will call the roll. The PRESIDING OFFICER. Under amendment. The assistant legislative clerk pro- the previous order, the question occurs The clerk will call the roll. ceeded to call the roll. on amendment No. 645, offered by the The assistant legislative clerk pro- Mr. MCCAIN. Mr. President, I ask unanimous consent that the order for Senator from Arizona, Mr. KYL, with 2 ceeded to call the roll. minutes of debate equally divided prior Mr. DURBIN. I announce that the the quorum call be rescinded. The PRESIDING OFFICER. Without to the vote. Senator from West Virginia (Mr. objection, it is so ordered. The Senator from Arizona. ROCKEFELLER) is necessarily absent. Mr. MCCAIN. Mr. President, I ask Mr. KYL. Mr. President, this amend- Mr. KYL. The following Senators are unanimous consent to engage in a brief ment is very simple. It eliminates one necessarily absent: the Senator from colloquy with the distinguished chair- small piece of the TAA Program called Wyoming (Mr. ENZI) and the Senator man. TAA for Firms. from Wyoming (Mr. BARRASSO). The PRESIDING OFFICER. Without Now, why would I do this? Strictly The PRESIDING OFFICER. Are there objection, it is so ordered. for bipartisan reasons, to demonstrate any other Senators in the Chamber de- MOLDOVA my agreement with President Obama, siring to vote? Mr. MCCAIN. Mr. President, the The result was announced—yeas 43, who also supports the repeal of this original Jackson-Vanik amendment nays 54, as follows: particular piece of the TAA. In his was offered to the Trade Act of 1974, budget submission of this year, it spe- [Rollcall Vote No. 145 Leg.] and it was led in this body by the great cifically recommended the elimination YEAS—43 Democratic Senator of Washington, of this program. It is only $16 million a Alexander Heller Moran Henry ‘‘Scoop’’ Jackson. That amend- year, but it is inefficient. As the Presi- Ayotte Hoeven Murkowski ment prohibited the United States Blunt Hutchison dent’s budget pointed out, it does not Paul from entering into Permanent Normal achieve its objectives as well as other Boozman Inhofe Portman Burr Isakson Trade Relations with any country that programs do. Risch Chambliss Johanns Roberts placed restrictions on the freedom of Measured against other programs, Coats Johnson (WI) Rubio emigration and other human rights of the firms that are supposedly helped Coburn Kirk Sessions Cochran Kyl its people. This law was later expanded Shelby actually fail at a bigger rate than Corker Lee Thune to cover countries with non-market other firms that are not in the pro- Cornyn Lieberman Toomey economies. The major impact of the Crapo Lugar gram. As a result, I decided I would Vitter Jackson-Vanik restriction was that it support one of the elements of the DeMint McCain Grassley McCaskill Wicker prevented the United States from President’s budget: to eliminate this Hatch McConnell granting ‘‘most-favored nation’’ trad- TAA for Firms Program. NAYS—54 ing status to the Soviet Union, which Friends, if we are serious about any at the time was placing awful restric- kind of reform for TAA, surely we can Akaka Franken Murray Baucus Gillibrand Nelson (NE) tions on the ability of its Jewish citi- agree upon a clearly bipartisan pro- Begich Graham Nelson (FL) zens to emigrate and flee the persecu- posal of the President of the United Bennet Hagan Pryor tion they experienced behind the Iron States, which is supported by Repub- Bingaman Harkin Reed Blumenthal Inouye Reid Curtain. licans in the Senate. I ask for your sup- Boxer Johnson (SD) Sanders Jackson-Vanik applied to Moldova port for this amendment. Brown (MA) Kerry Schumer when it was part of the Soviet Union, The PRESIDING OFFICER. The Sen- Brown (OH) Klobuchar Shaheen and it remained in place following ator from Ohio is recognized. Cantwell Kohl Snowe Cardin Landrieu Stabenow Moldova’s independence 20 years ago. Mr. BROWN of Ohio. Mr. President, I Carper Lautenberg Tester This made sense at the time, because rise in opposition to the Kyl amend- Casey Leahy Udall (CO) the country continued to be ruled by ment. It is an antismall business Collins Levin Udall (NM) communist governments, which en- amendment. There is a lot of talk Conrad Manchin Warner Coons Menendez Webb sured an unfortunate continuity with around here about government getting Durbin Merkley Whitehouse Moldova’s Soviet past at a time when out of the way of job creators, but let’s Feinstein Mikulski Wyden the country’s neighbors were reaping be clear. Firms using TAA are those NOT VOTING—3 the benefits of liberation. job creators. They are small businesses Barrasso Enzi Rockefeller But Mr. President, the situation in such as RBB Systems in Wooster, OH, Moldova is now fundamentally CB Manufacturing in West Carrollton, The PRESIDING OFFICER. On this changed. In August 2009, a coalition of and auto and truck suppliers in Boli- vote, the yeas are 43, the nays are 54. democratic and reformist parties man- var. Under the previous order requiring 60 aged to win power in what inter- In my State alone, 96 percent of com- votes for the adoption of this amend- national organizations deemed a free panies assisted with TAA for Firms— ment, the amendment is rejected. and fair election. For the first time in this program that Senator KYL wants Mr. MCCAIN. Mr. President, I ask the two decades, Moldova had a non- to eliminate—96 percent of those com- majority leader—I need about 2 min- communist government, and with it, panies that were in business in 2006 are utes for the chairman and I to have a the potential for real reform. The goal still in business. colloquy. of this coalition is reflected in the When a job creator goes out of busi- Mr. REID. OK. I spoke to the Repub- name that they have given themselves: ness because of an unfair trade deal, we lican leader a few minutes ago, and we the Alliance for European Integration. know what happens. Workers lose their think we are on a path to complete this Their platform is to deepen Moldova’s jobs, communities lose revenues, funds most important piece of legislation in democratic institutions, pursue free for schools are cut, funds for public the morning. This is an agreement we market reforms, fight corruption, and services. had—that we would try to finish this— work on integrating Moldova into TAA is a lifeline not just for workers, and we will expeditiously work toward Euro-Atlantic institutions. This is a but this program for firms, TAA for other matters relating to trade as soon new generation of leaders, and they Firms, is a lifeline for small businesses as we can. represent the great hopes of their citi- and community schools and all of that The PRESIDING OFFICER. The Sen- zens. which matters to our tax base and our ator from Arizona. I visited Moldova in June. I met at communities. Mr. MCCAIN. Mr. President, I wanted length with their Prime Minister and I urge my colleagues to vote no on to inform the majority leader, I was other senior leaders, and I can tell you the Kyl amendment. going to have a brief colloquy with the firsthand this government is com- Mr. KYL. Mr. President, I ask for the chairman who, I think, will be back in mitted to leading Moldova toward a fu- yeas and nays. a few minutes. ture of political and economic freedom.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5829 Yes, major challenges remain to the re- While incidents of popular anti-Semitism them get back on their feet and back alization of this vision, but for the first and intolerance still take place in Moldova, into jobs. time in Moldova’s history as an inde- NCSJ has been working with the Moldovan Trade adjustment assistance is de- pendent nation, its current government government through a variety of avenues, in- signed to help these workers with cluding the OSCE, to address these issues. In unique needs. Workers who qualify for is on the right track. They are pur- January, when Prime Minister Filat met suing the right goals and policies. with the American Jewish community and TAA are mostly older workers—more Their intentions are good and admi- testified before the U.S. Helsinki Commis- than half are over age 45—and they rable. sion, he committed to reforming Moldova’s often have a hard time getting back In the face of continued opposition law on preventing and combating discrimi- into the workforce. Unfortunately, we from elements in Moldova that want to nation. have all heard many sad stories about drag the country back to its troubled Moldova has been admitted to the WTO but workers in their fifties or sixties spend- past, the current government is trying still falls under the strictures of the Jack- ing years looking for new work. Many son-Vanik Amendment. We hope that you to move the country forward. They are have been at their jobs for decades. will find an appropriate legislative vehicle to They often do not have education be- taking on the hard challenges. When I graduate Moldova from Jackson-Vanik. asked how we in the United States If you or your staff have any questions, yond high school. For these workers es- could best support their efforts, all please contact me at your convenience. pecially, the job training and other they asked of me—all they asked of us Sincerely, services offered by TAA are a way for in Congress—is one thing: It is not ad- MARK B. LEVIN, workers to gain new skills and enter ditional foreign assistance. It is not Executive Director. into new and growing industries or oc- more of our taxpayers’ dollars, al- Mr. MCCAIN. I again thank the chair- cupations. though that assistance is important man for his consideration and for his We have watched the middle class too. It is the repeal of Jackson-Vanik, continued support for the people of struggle over the last several decades. so Moldovans can develop their own Moldova. We see that incomes are stagnating, health insurance and other costs are country, grow their own economy, and The PRESIDING OFFICER. The Sen- skyrocketing, good jobs are dis- deepen their own free market reforms ator from Montana is recognized. appearing. There are many reasons for through normal trading relations with Mr. BAUCUS. Mr. President, I very this, but unfair trade agreements and the United States. Nothing we could do much thank my friend for bringing this the failure to enforce our trade laws would provide greater moral and mate- up. Moldova is a country which joined are certainly among them. When rial support for Moldova’s reformers. the World Trade Organization in 2001, cheaper imports come in to the U.S., I wish to thank Senator BAUCUS for and for various reasons—basically, it is American workers making competing his continued support of the people and Jackson-Vanik or the relic of Jackson- goods or providing competing services the country of Moldova. I understand Vanik—Moldova has not been granted can lose their jobs as their companies that any amendment to the legislation PNTR. But Moldova has made huge, lose business. We have watched manu- that is pending would be harmful to successful strides in its government, in facturing companies and manufac- the progress of the trade agreements, its political and economic reforms. I turing jobs disappear, and now jobs in and I appreciate that fact and hope the am very impressed with Moldova. It is the service sector are being offshored chairman can perhaps—hopefully be- a friend to the United States. Although we cannot deal with that as well. fore the end of the year—take up the So there is no question that TAA issue on this bill, I want to make it repeal of Jackson-Vanik as it applies must continue. The thousands of work- very clear to my friend from Arizona to the country of Moldova, a country ers who have been laid off as a result of that we will take up legislation this that is very much in need of it. trade are depending on us, as will the year to ensure that Moldova is granted I want to read a statement made by thousands more who could lose jobs in PNTR status and becomes a full mem- Vice President BIDEN during his visit the future. to Moldova this year. ber in the world community. I make We also have to restore improve- He said: that pledge to my friend from Arizona ments to the program that were in- We will work with the Congress and with to get that done this year. cluded in the 2009 American Recovery your government to lift the Jackson-Vanik Mr. MCCAIN. I thank the chairman. I and Reinvestment Act, but which ex- amendment and establish permanent trade know he has an incredibly heavy sched- relations. We believe that will be good for pired earlier this year. These improve- ule, with the legislation before us ments updated TAA to respond better Moldova and for the United States. today and other matters before the Mr. President, I ask unanimous con- to our changed economy. The provi- committee, but I also know he knows— sions made sure that more resources sent to have printed in the RECORD a and I want to assure him—when the were available for workers to go back letter from the National Council on So- people of Moldova hear of his commit- viet Jewry concerning Moldova. to school and get training in a new ment, this will be a happy day in field. They also extended TAA to work- There being no objection, the mate- Moldova. I thank the chairman. rial was ordered to be printed in the ers in the service sector—in addition to Mr. BAUCUS. And I thank the Sen- manufacturing workers already cov- RECORD, as follows: ator for standing for the people of NATIONAL CONFERENCE ered. They also ensured that the pro- Moldova. gram was available to workers whose ON SOVIET JEWRY, I yield the floor. Washington, DC, September 29, 2010. jobs have been shipped to any country, Hon. MAX BAUCUS, Mr. HARKIN. Mr. President, the Sen- like China or India, even where the US Chairman, Committee on Finance U.S. Senate, ate is in consideration of trade policy does not have a free trade agreement. Dirksen Senate Office Building, Wash- this week with an extension of the This expansion has been very suc- ington, DC. Trade Adjustment Assistance Program. cessful. More than 4 out of 10 workers— DEAR MR. CHAIRMAN: On behalf of NCSJ, I TAA is the main way we help American nearly 200,000—who qualified for TAA want to state our support for the graduation workers cope with the negative effects from the passage of the Recovery Act of the Republicof Moldova from the Jackson- of our globalized economy. It is a cru- Vanik Amendment. Moldova has satisfied until those provisions expired earlier the requirements of the two areas central to cial program in both good times and this year, qualified because of the Re- the Amendment’s intent: Jews are free to bad, and it must be renewed. covery Act provisions. In my State of emigrate, in accordance with the Helsinki TAA helps workers who have lost Iowa, a third of the 4,100 workers that Final Act and established principles of inter- jobs through no fault of their own, but qualified in that time period did so national law; those who choose to remain in rather because of increased competi- under the new provisions. Some of the Moldova can practice Judaism and partici- tion from imports or because of workers who have participated in the pate in Jewish culture and language without offshoring. TAA provides workers with TAA program had worked at companies reservation. critical income support, job training, Jewish community life has flourished since that are well known in my State: 1,100 the dissolution of the Soviet Union. Syna- job search and relocation assistance, workers from Electrolux alone were gogues, community centers and schools serve and assistance with health insurance certified eligible for TAA. the community without government inter- premiums. TAA relieves some of the My State of Iowa has suffered many ference. hardship these workers face—helping layoffs as jobs have been shipped

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5830 CONGRESSIONAL RECORD — SENATE September 21, 2011 abroad, especially in the manufac- The assistant legislative clerk pro- nor was the daughter of former Senator turing sector. I have received many let- ceeded to call the roll. and former Vice President Walter Mon- ters from Iowans who have been able to Mr. REID. Mr. President, I ask unan- dale and his wife Joan. Both women take advantage of TAA. One person imous consent that the order for the fought brave, against-the-odds battles who was laid off from her factory job quorum call be rescinded. against cancer in recent years. went back to school to become a li- The PRESIDING OFFICER (Mr. Ted and Joan Kennedy named their censed practical nurse, and she hoped UDALL of Colorado). Without objection, first-born Kara, a name that means to go on to become a registered nurse. it is so ordered. ‘‘dear little one’’ in the old Irish lan- Another Iowan wrote of how important Mr. REID. Mr. President, I ask unan- guage—and that is what she always the health care tax credit has been to imous consent that following morning was to her parents. Like the rest of her her and her husband, who was one of business, tomorrow, September 22, the famous family, Kara was committed to 300 people laid off from his company. Senate resume consideration of H.R. helping those less fortunate than her- Another Iowan wrote about how her job 2832; that the only remaining amend- self. After graduating from Tufts Uni- was being shipped to China; she was ments in order to the Casey-Brown- versity, she worked as a filmmaker and thinking of using TAA services to go Baucus amendment and the bill be the was active in a number of causes. back to college. following: Rubio amendment No. 651, In 2002, she was diagnosed with lung A related program, the TAA Commu- Thune amendment No. 650, and Cornyn cancer. Her doctors gave her 1 year to nity College and Career Training amendment No. 634; that there be up to live. But Kara and her family refused Grants Program will be extremely ben- 5 hours of debate on the Rubio, Thune, to give up. She underwent surgery, eficial to workers through the commu- and Cornyn amendments equally di- chemotherapy and radiation treat- nity college system in Iowa and other vided between the two leaders or their ment. Her father accompanied her to states. I am thankful that this pro- designees, with Senator CORNYN con- her chemotherapy treatments. gram will soon move ahead, and I un- trolling 1 hour of the Republican time It seemed that Kara had beaten can- derstand that grant recipients will be and with Senators RUBIO and THUNE cer. But Friday night, she collapsed announced next week. each controlling 30 minutes of the Re- after her usual workout at the gym. This grant program will provide to publican time; that at a time to be de- Her brother, former Congressman Pat- community colleges in every State termined by the majority leader, after rick Kennedy, said that cancer surgery funds they desperately need to build consultation with Senator MCCONNELL, and years of grueling chemotherapy capacity and meet training demands the Senate proceed to votes in relation and radiation treatment had taken a for 21st century jobs. The funds will to the Rubio, Thune, Cornyn, and devastating toll on his sister’s strength total $500 million a year for 4 years, a Casey amendments, in that order; that and her heart simply gave out. huge and necessary injection of funds there be no amendments, points of In addition to her mother Joan and into the community college system. stepmother Vickie, Kara leaves behind The grants will enable local leaders order, or motions in order to the three brothers and a sister, a multitude from the education, workforce, eco- amendments prior to the votes other of cousins and nieces and nephews, and nomic development, and business com- than budget points of order and the ap- her two beloved children, Max, 14, and munities to work together to develop plicable motions to waive; that each Grace, who turned 17 yesterday. and expand programs as they help amendment be subject to a 60-affirma- Eleanor Mondale Poling was just 4 workers succeed in acquiring the skills, tive vote threshold; and that there be 2 years old when her father was ap- degrees, and credentials needed for minutes of debate equally divided prior pointed to fill the Senate seat vacated high-wage, high-skill employment to each vote; that upon the disposition by Hubert Humphrey, who had just be- while also meeting the needs of em- of the amendments, the bill, as amend- come Vice President of the United ployers for skilled workers. Commu- ed, if amended, be read a third time; nity colleges and their partners can use that there be up to 10 minutes of de- States. Like Kara Kennedy, she grew the funds to develop innovative pro- bate equally divided between the two up in this Senate and in the public eye. grams or replicate evidence-based leaders or their designees prior to a She was 17 when her father became strategies. vote on passage of the bill, as amended, Vice President of the United States. The advanced manufacturing and if amended; that the bill be subject to As a young woman, Eleanor Mondale health care sectors are among the larg- a 60-affirmative-vote threshold; finally, made her own career in broadcasting, est and fastest-growing sectors in the there be no points of order or motions beginning with a job as a radio D.J. in Iowa economy, and recent projections in order to the bill prior to the vote on Chicago. She would go on to work for a indicate that employers in these sec- passage of the bill other than budget number of TV organizations. In 2005, tors will continue to need workers with points of order and the applicable mo- Eleanor Mondale married Chan Poling. advanced skills to fill vacancies. TAA tions to waive. The couple lived on a farm in Prior training grants support the training of The PRESIDING OFFICER. Without Lake, MN, surrounded by animals, these workers. Iowa Central Commu- objection, it is so ordered. which Eleanor loved. nity College, for example, has devel- f That same year, 2005, Eleanor was di- agnosed with an aggressive form of oped an entrepreneurism and business MORNING BUSINESS development program to respond to re- brain cancer. The next 6 years would gional needs. Iowa Lakes Community Mr. REID. Mr. President, I ask unan- bring multiple surgeries, chemo- College has started a wind turbine pro- imous consent that the Senate go into therapy and radiation, and at least gram—one of the first of its kind in the a period of morning business, with Sen- twice apparent remissions. But the country—that prepares workers for ators permitted to speak therein for up cancer came back in 2009. Eleanor Mon- ‘‘green-collar’’ jobs and ensures that to 10 minutes each. dale Poling died at home on her farm graduates have the skills that area em- The PRESIDING OFFICER. Without early Saturday. ployers need. objection, it is so ordered. In addition to her parents, Eleanor I am very hopeful that we will reau- f leaves her two brothers, Ted Mondale, a former Minnesota State senator, and thorize TAA this week. When we pass REMEMBERING KARA KENNEDY William Mondale, the former assistant this legislation, we will ensure that a AND ELEANOR MONDALE POLING wider range of workers can continue to attorney general of Minnesota. access TAA benefits and services, and Mr. DURBIN. Mr. President, by sad f that resources are available so that coincidence, America lost two women REMEMBERING HARRY ‘‘BUS’’ workers are prepared for high-skill jobs this past weekend women we had YOURELL with family-sustaining wages. We owe watched grow from little girls into ac- American workers nothing less. complished women. Kara Kennedy and Mr. DURBIN. Mr. President, I rise Mr. BAUCUS. Mr. President, I sug- Eleanor Mondale Poling were both today to pay tribute to my friend and gest the absence of a quorum. members of this Senate family. a great Illinois public servant—Harry The PRESIDING OFFICER. The Kara was the daughter of Senator Ed- ‘‘Bus’’ Yourell, who passed away Sep- clerk will call the roll. ward Kennedy and his wife Joan. Elea- tember 19, 2011, at the age of 92. Bus

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5831 grew up on Chicago’s South Side and many grandchildren and great-grand- $59.677 billion in outlays. Those adjust- was married to his wife Millie for 66 children, as well as the many friends ments reflect the sum of $302 million in years. and admirers who will miss him. budget authority and $136 million in Bus served nine terms in the Illinois f outlays for funding designated for dis- House, was Cook County recorder of aster relief and $117.583 billion in budg- deeds in the 1980s, and served 18 years BUDGETARY ADJUSTMENTS et authority and $59.541 billion in out- as a commissioner of the Metropolitan Mr. CONRAD. Mr. President, I pre- lays for funding designated as being for Water Reclamation District of Greater viously filed committee allocations overseas contingency operations. Chicago. In fact, Bus ran in 40 elections and budgetary aggregates pursuant to I ask unanimous consent that the fol- over the years, without ever losing one. section 106 of the Budget Control Act But his public service goes much deep- lowing tables detailing the changes to of 2011. Today, I am adjusting some of the allocation to the Committee on Ap- er than that. those levels, specifically the allocation Bus enlisted in the Marines on the propriations and the budgetary aggre- to the Committee on Appropriations day Pearl Harbor was attacked and gates be printed in the RECORD. for fiscal year 2012 and the budgetary served 4 years in the South Pacific, There being no objection, the mate- aggregates for fiscal year 2012. fighting in Guadalcanal, Bougainville, rial was ordered to be printed in the Section 101 of the Budget Control Act Guam, and Iwo Jima. He was awarded RECORD, as follows: the Bronze Star and three Purple allows for various adjustments to the Hearts. statutory limits on discretionary BUDGETARY AGGREGATES—PURSUANT TO SECTION Bus loved public service, but he en- spending, while section 106(d) allows 106(b)(1)(C) OF THE BUDGET CONTROL ACT OF 2011 joyed travelling and meeting people the chairman of the Budget Committee AND SECTION 311 OF THE CONGRESSIONAL BUDGET just as much. He enjoyed life. Bus to make revisions to allocations, ag- ACT OF 1974 hitchhiked through Vietnam, rode 250 gregates, and levels consistent with [In millions of dollars] miles on top of a box car in Ecuador, those adjustments. The Committee on took a trip up the Amazon River in a Appropriations reported three bills last 2011 2012 dugout canoe in his seventies, and in week that are eligible for adjustments Current Spending Aggregates: his eighties bungee jumped in New Zea- under the Budget Control Act. Con- Budget Authority ...... 3,070,885 2,853,989 Outlays ...... 3,161,974 2,982,421 land. sequently, I am making adjustments to Adjustments: He was a one of a kind person and a the 2012 allocation to the Committee Budget Authority ...... 0 117,885 Outlays ...... 0 59,677 tremendous asset to the Chicago com- on Appropriations and to the 2012 ag- Revised Spending Aggregates: munity. I extend condolences to his gregates for spending by a total of Budget Authority ...... 3,070,885 2,971,874 wife Millie, his three children and $117.885 billion in budget authority and Outlays ...... 3,161,974 3,042,098 FURTHER REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO THE COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTION 106 OF THE BUDGET CONTROL ACT OF 2011 AND SECTION 302 OF THE CONGRESSIONAL BUDGET ACT OF 1974 [In millions of dollars]

Current allocation Revised limit Adjustment allocation/limit

Fiscal Year 2011: General Purpose Discretionary Budget Authority ...... 1,211,141 0 1,211,141 General Purpose Discretionary Outlays ...... 1,391,055 0 1,391,055 Fiscal Year 2012: Security Discretionary Budget Authority ...... 688,458 117,583 806,041 Nonsecurity Discretionary Budget Authority ...... 360,311 302 360,613 General Purpose Discretionary Outlays ...... 1,263,157 59,677 1,322,834

DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2012 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTION 106 OF THE BUDGET CONTROL ACT OF 2011 [In billions of dollars]

Overseas Disaster Relief Emergency Contingency Total Operations

Commerce, Justice, Science: Budget Authority ...... 0.135 0.000 0.000 0.135 Outlays ...... 0.007 0.000 0.000 0.007 Defense: Budget Authority ...... 0.000 0.000 117.583 117.583 Outlays ...... 0.000 0.000 59.541 59.541 Financial Services and General Government: Budget Authority ...... 0.167 0.000 0.000 0.167 Outlays ...... 0.129 0.000 0.000 0.129 Total: Budget Authority ...... 0.302 0.000 117.583 117.885 Outlays ...... 0.136 0.000 59.541 59.677 Memorandum 1—Breakdown of Above Adjustments by Category: Security Budget Authority ...... 0.000 0.000 117.583 117.583 Nonsecurity Budget Authority ...... 0.302 0.000 0.000 0.302 General Purpose Outlays ...... 0.136 0.000 59.541 59.677 Memorandum 2—Cumulative Adjustments (Includes Previously Filed Adjustments): Budget Authority ...... 5.813 0.000 117.841 123.654 Outlays ...... 1.094 ¥0.007 59.747 60.834

TRIBUTE TO SYDNEY LEA Ghost Pain, Pursuit of a Wound, and Yale University. He has also spent time Mr. LEAHY. Mr. President, earlier The Floating Candles to name a few. teaching at the Franklin College in this month, Vermont’s Governor Peter His pieces have been published in the Switzerland and the National Hun- Shumlin appointed Sydney Lea to New York Times, the New Yorker, the garian University in Budapest. His serve as Vermont’s new Poet Laureate. New Republic, Sports Illustrated, and dedication to and love for the written This honor has been bestowed to many others. In 2000, his poem, Pursuit word has inspired hundreds of students Vermonters whose poetry manifests a of a Wound, was a finalist for the Pul- in Vermont and around the globe. As a high degree of excellence since Gov- itzer Prize for poetry. In 1998, he was a Central Vermont Adult Basic Edu- ernor Kunin reestablished the position cowinner of the Poets’ Prize, one of the cation board member, he continues to of Poet Laureate in 1988. Sydney Lea is nation’s highest honors for a single col- see education as a lifelong process. certainly deserving of this honor. lection of poems. Sydney’s stories attract a wide array A resident of Newbury, VT, Sydney Sydney has taught at Dartmouth, of audiences and come alive for has written a number of poetry collec- Wesleyan, and Middlebury College as Vermonters of all generations. His per- tions including Young of the Year, well as the University of Vermont and sonal dedication to land conservation

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When I that 80 percent of Americans are dissatisfied mentioned. called to congratulate him he was with how the political system functions, up Not only would a respectful and productive characteristically modest, but we are from 60 percent in November 2009. There ap- dialogue between the parties do much to so proud of him, and I join all pears to be plenty of blame to spread around: quell the nation’s and financial markets’ Vermonters in congratulating him on 28 percent of those surveyed cited President fears about the ability of the political sys- this appointment. Obama as making things worse, while 35 per- tem to see us through this current crisis, cent pointed finger at congressional Repub- there’s another more paradoxical outcome f licans. that might well result. HISPANIC HERITAGE MONTH What this suggests is that, regardless of What I learned from my time with Tom how disgusted they are about the $14 trillion Evans is that by treating your colleagues Mr. RUBIO. Mr. President, Sep- debt or how outraged they are at the intran- with respect, grace, and dignity, you often tember marks the start of a month- sigence of the tea party, most Americans achieve much greater results than with the long celebration of the Hispanic com- crave government that can address the na- ideologically pure, winner-take-all approach munity’s contributions to America’s tion’s problems and achieve some sort of so- that pervades so much of Congress today. exceptionalism and the strength of the lution, no matter how imperfect. There is much to be learned from the recent common values that unite our Nation. Not too long ago, things were different in past. Washington. I was privileged to have had a We celebrate a community whose ac- f complishments and stories remind us front row seat in a Congress that did get things done. From 1977–1983, I worked on the ANGELS IN ADOPTION that the American Dream is as alive personal staff of Delaware Congressman Tom today as it has ever been. Evans. Tom quickly became something of a Mr. ROCKEFELLER. Mr. President, During this same time, our Nation master at bringing together members with as a member of the Congressional Coa- faces an unemployment rate of 9.1 per- widely divergent politics to accomplish lition on Adoption Institute, I have the cent, and the Hispanic community something important to the nation. I was honor and privilege each year to recog- struggles with a rate over 11 percent. amazed to see liberals join with conservative nize a West Virginia family for efforts Now more than ever, we must fight for forerunners of the tea party to support legis- to promote adoption. This is an excep- pro-growth policies that will allow my lation I suspected they would never have tional program that highlights how generation to continue the great tradi- supported without Tom serving as a cata- policies and programs can change a lyst. tion of leaving our children a stronger Among several of Tom’s key legislative child’s life. In 1997, I worked on the bi- and more prosperous America than the victories were passage of the first Chrysler partisan Adoption and Safe Families one we inherited from our parents. loan guarantee assistance bill in 1979 and the Act which sought to increase adoptions Hispanic Heritage Month is a time to Coastal Barrier Resources Act, co-authored and improve foster care. Much work re- celebrate the American dream. We cel- with Sen. John Chaffee. mains, but real progress has been made ebrate people like my parents, who The Chrysler bill appeared dead on arrival in encouraging adoptions. came from Cuba, worked hard and with House Republicans in 1979. But Evans, While policy can help, the real angels essentially acting as the Republican floor opened doors for their children that manager of the measure, persuaded enough are the families who open their hearts were closed to them. We celebrate a conservatives and moderates to go along and homes to vulnerable children. community where the number of young with President Jimmy Carter’s administra- There are many wonderful stories but adults enrolling in college has grown tion and pass the legislation. in 2011 I have nominated Nick and by 349,000 in the last year. We salute The legislation proved to be highly suc- Jorun Picciano as Angels in Adoption. the many Hispanic men and women cessful. The automaker continued oper- These caring parents already have fighting for our freedom in our armed ations, paid off the loans that had been guar- teenage children, and they have incred- forces. We also remember how lucky we anteed by U.S. taxpayers, and repaid $350 million to the U.S. Treasury, rewarding tax- ibly hectic, fulfilling lives as para- are to live in a country where success payers for the risk that was taken. medics. But they noticed that some of is not limited by the circumstances of Another direct benefit for Delawareans was the children they met on the job were one’s birth. that the Newark assembly plant remained victims of abuse or neglect. As para- I am proud to be an American of open for 28 years. medics, they sadly saw a parent who Cuban descent, and today I would like The Coastal Barrier Resources Act stopped was more interested in returning to a to celebrate the many Hispanic Ameri- federal subsidies and assistance for the de- party than taking care of her burned cans whose talents, accomplishments, velopment of fragile coastal barrier areas. child. According to their story, this and cultures have strengthened Amer- The act was initially opposed by both Demo- cratic and Republican members of Congress, was a turning point for them. They ica. reflecting the opposition of major land devel- sought information about foster par- f opers. But again, Tom persuaded enough enting, and they worked to find a pro- CONGRESS CAN LEARN FROM TOM House members to vote for the measure, gram that would accommodate their which, since its passage, has been estimated EVANS’ DAY challenging schedules. to save U.S. taxpayers several billions while Nick and Jorun were approved and Mr. COONS. Mr. President, I ask preserving priceless natural resources. welcomed a toddler into their home in Recently, I asked Tom what made the Con- unanimous consent that the following 2009. They honestly admitted it had op-ed from the Wilmington News Jour- gresses in which he served so much different than the Congress of today that took Ameri- been a long time since they had cared nal be printed in the RECORD. for such a young child, and he already There being no objection, the mate- cans to the precipice of national default. He mentioned three factors: had challenging problems of night- rial was ordered to be printed in the A willingness of individual members to put mares, being separated from his sib- RECORD, as follows: the needs of the nation above their own per- lings, and recovering from contact with [From the Delaware News Journal, Aug. 19, sonal ideologies. his biological parents. This 3-year-old 2011] The ability of those members to respect different philosophies, leading to productive had already been placed in four dif- CONGRESS CAN LEARN FROM TOM EVANS’ DAY dialogue. ferent homes. But kindness, patience (By Darry Carmin) A firmly held belief that Congress was and love make a huge difference. The wild, turbulent, white-knuckle polit- elected to address the nation’s problems with In 2011, after his parents decided to ical ride of the summer of 2011 appears to action rather than intransigence. voluntarily relinquish their parental have caught Americans with their seatbelts The first phase of the debt ceiling debate is rights, the Picciano family was able to unfastened. Many of us seem to have been to- now over and the nation’s attention is shift- adopt their son, Joshua Nicholas tally unprepared for the economic uncer- ing towards the 12-member supercommittee tainty, largely precipitated by Washington charged with the enormous task of finding Picciano. Joshua joins his older sib- political gridlock and the inability of Con- $1.5 trillion in debt reduction. lings, Jacob Hively who is 16, Michaela gress to get the nation’s financial house in I hope this panel’s deliberations will be Hively who is 14, Jacynda Hively who order. substantially different than what we saw in is 13, and Lucia Picciano who is 13. And

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This is a special fam- portunity to provide guidance for addi- To keep our crews safe, the test capa- ily, and they deserve our admiration. tional child welfare reform that is bilities of Plum Brook Station were ex- I believe their willingness to see the truly needed. panded beyond that of the largest ther- tragedy of abuse and neglect in their f mal vacuum chamber in the world. challenging work as paramedics and These include: a state-of-the-art sine- RECOGNIZING OHIO’S GLENN their decision to make a personal dif- vibration table that has the largest ca- RESEARCH CENTER ference by opening their own home and pacity for payload size and weight in family to vulnerable children is a re- Mr. BROWN of Ohio. Mr. President, I the world, the largest electromagnetic markable, inspiring story that has rise today to honor the men and reverberant chamber in the world, and earned them the distinction of Angels women of NASA Glenn Research Cen- the most powerful acoustic facility in in Adoption. ter in my home State of Ohio for their the world capable of simulating launch f achievements in the design, build, and environments for developmental space- test of the new space environmental craft. This facility is now the crown CHILD AND FAMILY SERVICES IM- test capability for the Space Power Fa- jewel of NASA’s test capabilities. PROVEMENT AND INNOVATION cility at Plum Brook Station. These I have had the privilege to meet ACT new capabilities will advance the many of the scientists, engineers, and Mr. ROCKEFELLER. Mr. President, I human exploration of space, ensure the technicians who made this achieve- rise today to discuss my strong support safety of our astronauts, drive sci- ment possible. They are dedicated and for the Child and Family Services Im- entific advances and technology devel- compassionate, and guided by the sci- provement and Innovation Act that the opment, and enrich the lives of all peo- entific patriotism that displays a Na- Finance Committee approved yester- ple and inspire our next generation of tion’s pursuit in understanding the day. This is an important bipartisan explorers throughout the United States world in which we all live. and bicameral bill that deserves to pass and the world. These pioneers of NASA Glenn will and become law. I am proud to be a co- Seventy years ago, during World War continue to push the boundaries of sponsor and I congratulate Chairman II, the United States sought sites for spaceflight—fueling technology ad- BAUCUS and Ranking Member HATCH ordnance facilities to help defeat total- vancements and inspiring our children for their leadership on the important itarianism. In quiet Erie County, OH, to follow in the footsteps of great Ohio- issue of adoption and prevention serv- between major highways and acres of ans like Neil Armstrong and John ices for vulnerable children. farmland, the Army Corps of Engineers Glenn. The scientists and engineers of Over the years, I have been proud of created Plum Brook, a facility that NASA Glenn will ensure the success of the Finance Committee’s bipartisan would first be home to a munitions fac- the next generation of pioneers. work to encourage adoption and im- tory, and for the last 50 years, Plum Our Nation is defined by the spirit of prove child welfare services for our Brook Station has continued to serve discovery, the pioneers who pushed most vulnerable children, those who our Nation as a one-of-a kind facility westward on land, navigated the are at risk of abuse and neglect in their that has ensured the success of our Na- oceans, and are now sending human- own homes. It is inspiring to know tion’s space program. kind into what was once a mere vision that, even now, members can come to- Throughout its history, Plum Brook seen only through Galileo’s eye. We are gether to work on such critical issues. remained vital to our Nation’s security a nation of pioneers. And we all have a Bipartisan bills like this one may not and our Nation’s exploration of space. responsibility to safeguard that defin- attract headlines, but the policies and The National Advisory Council for Aer- ing American spirit and to inspire a programs can change the lives of chil- onautics, NACA, the predecessor to the new generation of American explorers. dren and families. National Aeronautics and Space Ad- f This package continues previous in- ministration, NASA, built a facility to vestments in children and families, and test the nuclear power sources for air- ADDITIONAL STATEMENTS it makes improvements on what les- planes and spacecraft that would be de- sons have been learned over the past 5 signed at Lewis Field—later to be years. I am proud that the legislation NASA Glenn Research Center—in REMEMBERING ERNEST HOUSE, continues to invest in the court im- Cleveland, OH. SR. provement program that is making When President John F. Kennedy an- ∑ Mr. BENNET. Mr. President, today I such a difference in West Virginia, and nounced that the United States would honor the life and memory of a promi- the country. Our judges are an essen- push the boundaries of science and in- nent tribal leader and dedicated public tial partnership in the child welfare novation to explore the heavens, Plum servant in my home State of Colorado. system because they decide when a Brook Station became a world-class The Honorable Ernest House Sr. served child can return home safely or if adop- test site for the new spacecraft. A ther- more than 30 years in tribal leadership, tion is the better permanency plan for mal vacuum chamber, called the Space including four terms as tribal chair- a child. It is a difficult decision to Power Facility, was built to simulate man of the Ute Mountain Ute Tribe in make. Judges deserve specialized train- the harsh space environment. At 100 southwest Colorado. He was first elect- ing in child development and trauma to feet wide and 122 feet high, it remains ed to the Ute Mountain Ute Tribal help in their decision because this is the largest thermal vacuum chamber Council in 1979 and elected chairman in not always provided at law school, but in the world. 1982. Throughout his long tenure as a it is a critical factor in such cases. I In 2007, as NASA began to develop a tribal council member and chairman, am proud of our State training on trau- new path for human space exploration, he actively and effectively worked for ma. The bill also continues the com- the men and women of NASA Glenn at the betterment of the Ute Mountain petitive grant program to combat sub- Lewis Field and Plum Brook Station Ute Tribe. stance abuse and to evaluate the rose to the challenge to develop a test Mr. House Sr. was an unassuming, grants so we make wise investments in capability that would push the bound- yet forceful leader on many issues im- the future. The bill invests in case- aries of spacecraft testing. The new portant to the people of his tribe, in- worker visits because such visits are spacecraft will continue the United cluding natural resources development, the basics of good practice and essen- States’ legacy of carrying American law enforcement and support for tribal tial for child safety and care. pioneers beyond Earth’s orbit, but will business enterprises. His leadership on As a former Governor, I support pro- experience launch and space environ- water issues helped to complete the viding waiver authority for states to ments that never before have been ex- critical Dolores and Animas-La Plata continue to try innovative programs. perienced. The Space Environmental water projects in southwest Colorado Under previous waivers, it became Test Facility will allow NASA to test that benefited not only his tribe, but clear that kinship care was a good op- its new spacecraft to these new ex- also the entire region. He was a strong

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We are Farm Bureau president and wish him leader of his tribe. And he proved him- grateful for their service and thank and his family the very best.∑ self equal to the task. In his years of them for their dedication to success f leadership, he was widely respected for and the sacrifice they make to protect TRIBUTE TO RICH WILSON his ability to bring people together and our freedoms.∑ ∑ Mr. KERRY. Mr. President, just a get results for his tribe and the greater f Four Corners community. Ernest few days ago I received a special gift TRIBUTE TO KEITH OLSEN House Sr. worked his entire life to from a consummate mariner, Rich Wil- move his tribe forward while still ∑ Mr. JOHANNS. Mr. President, today son of Marblehead, MA, the skipper of maintaining its traditional tribal iden- I recognize Keith Olsen for the dedi- the Great American III. The gift was a tity and heritage. He urged young Na- cated leadership he has provided for U.S. Yacht Ensign, the red, white and tive people to be proud of their tribal Nebraska agriculture. blue flag used to identify American li- heritage. Through his involvement in various censed yachts since 1848. What made Mr. House Sr. also served his country State and national organizations, this particular Ensign so special is that in the Army National Guard, the Sig- Keith has brought a renewed focus on Rich flew it aboard the Great American nal Corps, and the Special Forces. supporting youth in agriculture. He III on December 10, 2008, in the solo, I ask you to join me in honoring the has taken an active role in ensuring nonstop, around-the-world sailing race life and legacy of Mr. Ernest House Sr., that the views of farmers and ranchers known as the Vendee Globe. a visionary leader who was dedicated are communicated to policymakers in Rich flew the Ensign on his 31st day to serving his tribe, his community, In- both Lincoln and Washington, DC. at sea from France, just as he was en- tering the Indian Ocean bound for Cape dian country, the State of Colorado, Keith has been integral in the devel- Horn. Ninety days later, Rich and the and our country. My thoughts and opment of a vision for the University of 60-foot Great American III completed prayers are with his family and the en- Nebraska, the State’s land-grant uni- their 28,000-mile global trek from tire Ute Mountain Ute Tribe at this versity. And, he has taken a leadership France to France, ninth among the 11 time of loss.∑ role in educating the public about mod- finishers of a race that began with 30 f ern agriculture practices. Internationally, Keith has rep- boats. Rich was the only American LITTLE ROCK 2011 RODEO TEAMS resented Nebraska farmers on trade entry, the oldest skipper in the fleet at ∑ Mr. BOOZMAN. Mr. President, today missions around the world. He has pro- 58 years of age, and only the second I wish to honor the 314th Airlift Wing moted our food and agriculture exports American ever to finish the Vendee Air Mobility RODEO 2011 members who in a number of countries, including Globe in its six quadrennial runnings. The Vendee Globe is widely regarded were awarded for excellence in their Japan, Russia, Turkey, and Brazil. as the Mount Everest of the seas. But, field at the Air Mobility Command Keith Olsen was born in Imperial, NE in fact, it is even a greater challenge RODEO 2011 at McChord Air Field. and was raised on the family farm near than climbing Mount Everest. Consider In addition to winning the Moore Venango. In high school, Keith was in- the fact that while 3,000 people have Trophy for Best Air Mobility Wing, the volved in FFA, and his children have climbed Mount Everest, Rich was only team was recognized as the Best Air- been involved in 4–H and FFA. He the 46th person ever to sail alone drop Wing and maintainers and flyers served as a 4–H leader for 30 years. He around the world nonstop. Consider, also earned top honors for their main- graduated from Grant High School and too, the fact that some 500 astronauts tenance skills, earning the Mainte- the University of Nebraska at Lincoln, have flown in space, and that further where he majored in agricultural eco- nance Skills Competition Award—C–130 underscores just how rare and special nomics. maintenance and the Maintenance Rich’s accomplishment in the Vendee After college, Keith returned to Per- Skills Competition Award—overall Globe truly is. winner. The C–130E team snagged the kins County to farm with his father. The Vendee Globe is like no other Best Overall Maintenance Team award, He married his wife Doris in 1969, and, event on this earth. It is a grueling Best Team Overall—Maintenance and at the age of 24, Keith and Doris took contest largely unsullied by hype and Operations—Best Overall Aircrew over the family farm. The Olsens have commerce, a competition of men and Team. three sons—Craig, Jeff and Curtis. women against each other but mostly This outstanding crew, led by COL They are also the proud grandparents against the ceaselessly moving sea, Mark Czelusta, excelled during the of seven. Now in its fourth generation, sometimes playful, sometimes terri- international air rodeo competition the Olsen farm is a no-till, dryland op- fying, an immense power inspiring ad- which draws the ‘‘Best of the Best’’ eration raising certified seed wheat, miration, caution and, above all, re- from air forces around the world. More wheat, dry peas, and corn. spect. than 40 teams and 2,500 people from the Keith has served on the Nebraska But in the hands of Rich Wilson, the U.S. Air Force, Air Force Reserve, Air Farm Bureau Board of Directors since Vendee Globe also became a learning National Guard, and selected foreign 1992 and was elected to the American experience for students and newspaper countries participated in this competi- Farm Bureau Federation Board of Di- readers throughout the world. As with tion. rectors in 2004. He was elected as first his earlier long-distance ocean voy- The group put in hours of hard work vice president of the Nebraska Farm ages, Rich shared his Vendee Globe ex- and deservedly earned these awards. In Bureau Board in 1997 and has served as perience through the online company true Arkansas spirit of teamwork COL president since 2002. he founded, www.sitesalive.com, a non- Czelusta acknowledges this couldnt Keith has been widely recognized for profit that has produced 75 live, inter- have been done without the help of the his support of agriculture, including active, full-semester programs linking 19th Airlift Wing and the community. youth and young farmers and ranchers. K–12 classrooms to adventures and ex- The 19th Airlift Wing also took home He received the 2010 Agricultural peditions worldwide. During the 2008– accolades. Members of the team were Youth Institute Award of Merit, the 2009 Vendee Globe, sitesalive.com recognized as the Best C–130 Airdrop 2011 Nebraska FFA Honorary State shared Rich’s 15-part weekly series, Aircrew. FFA degree, and in 2004, he was elected written at sea from the Great American, What is even more amazing is that to the Nebraska Hall of Agriculture with 250,000 students and 7 million these crews accomplished this after Achievement. readers. having a major destruction to the Lit- As great of an ambassador as Keith Rich’s goal was to excite students tle Rock Air Force base in late April has been for Nebraska agriculture, he and engage students by connecting

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5835 them to a live ocean expedition. As commitment to improving the commu- for graduate medical education programs in Rich explains it the reasoning behind nity of Aberdeen, providing academic children’s hospitals. sitesalive.com: ‘‘Excite a kid with dol- excellence to students across the coun- H.R. 2005. An act to reauthorize the Com- phins, flying fish, and gales at sea, or try, and standing as a pillar for the bating Autism Act of 2006. ∑ H.R. 2189. An act to encourage States to re- with snakes, bugs, and bats in the State of South Dakota. port to the Attorney General certain infor- rainforest, and they will pay attention, f mation regarding the deaths of individuals in not knowing what will happen next. the custody of law enforcement agencies, and Then the science, geography, and math REPORT ON THE CONTINUATION for other purposes. flow freely.’’ OF THE NATIONAL EMERGENCY H.R. 2646. An act to authorize certain De- Anyone who enjoyed high seas adven- WITH RESPECT TO PERSONS partment of Veterans Affairs major medical ture novels like Moby-Dick and Treas- WHO COMMIT, THREATEN TO facility projects and leases, to extend certain ure Island or anyone who marveled at COMMIT, OR SUPPORT TER- expiring provisions of law, and to modify cer- tain authorities of the Secretary of Veterans National Geographic expeditions or the RORISM THAT WAS ESTAB- LISHED IN EXECUTIVE ORDER Affairs, and for other purposes. adventures of Jacques Cousteau on the H.R. 2944. An act to provide for the contin- Calypso can understand how Rich is 13224 ON SEPTEMBER 23, 2001—PM ued performance of the functions of the making the world come alive for stu- 23 United States Parole Commission, and for dents. And anyone who has sailed, even The PRESIDING OFFICER laid be- other purposes. within sight of the shore, or who has fore the Senate the following message f run a marathon or has hiked a moun- from the President of the United MEASURES REFERRED tain range can appreciate the skill, States, together with an accompanying conditioning, and discipline it took for report; which was referred to the Com- The following bill was read the first Rich to complete Vendee Globe. mittee on Banking, Housing, and and the second times by unanimous I thank Rich for the Ensign, the me- Urban Affairs: consent, and referred as indicated: mento from his great adventure, and I H.R. 2189. An act to encourage States to re- congratulate him, not only for com- To the Congress of the United States: port to the Attorney General certain infor- pleting his great voyage but also for Section 202(d) of the National Emer- mation regarding the deaths of individuals in sharing it online with millions of peo- gencies Act (50 U.S.C. 1622(d)) provides the custody of law enforcement agencies, and ple around the world. And as he con- for the automatic termination of a na- for other purposes; to the Committee on the Judiciary. siders whether to enter the Vendee tional emergency unless, prior to the Globe again in 2012, I urge him to once anniversary date of its declaration, the f President publishes in the Federal Reg- again climb aboard the Great American MEASURES PLACED ON THE ister and transmits to the Congress a III and set sail.∑ CALENDAR notice stating that the emergency is to f continue in effect beyond the anniver- The following bills were read the first RECOGNIZING PRESENTATION sary date. In accordance with this pro- and second times by unanimous con- COLLEGE vision, I have sent to the Federal Reg- sent, and placed on the calendar: ∑ Mr. THUNE. Mr. President, today I ister for publication the enclosed no- H.R. 1852. An act to amend the Public recognize Presentation College in Ab- tice, stating that the national emer- Health Service Act to reauthorize support erdeen, SD, as it celebrates its 60th an- gency with respect to persons who for graduate medical education programs in commit, threaten to commit, or sup- children’s hospitals. niversary on September 23 and 24. H.R. 2005. An act to reauthorize the Com- Presentation College is an inde- port terrorism is to continue in effect bating Autism Act of 2006. pendent Catholic educational institu- beyond September 23, 2011. f tion that has been sponsored by the The crisis constituted by the grave Sisters of the Presentation of the acts of terrorism and threats of ter- EXECUTIVE AND OTHER Blessed Virgin Mary since 1951. The rorism committed by foreign terror- COMMUNICATIONS school, which is located on a scenic 100- ists, including the terrorist attacks on The following communications were acre campus in northern Aberdeen, September 11, 2001, in New York and laid before the Senate, together with originally started with female-only Pennsylvania and against the Pen- accompanying papers, reports, and doc- nursing and health sciences programs. tagon, and the continuing and imme- uments, and were referred as indicated: diate threat of further attacks on In 1968, the institution became co-edu- EC–3314. A communication from the Direc- cational. Presentation College encour- United States nationals or the United tor of the Regulatory Management Division, ages its students to develop an under- States that led to the declaration of a Office of Policy, Environmental Protection standing of life at all stages. The Chris- national emergency on September 23, Agency, transmitting, pursuant to law, the tian environment of the school focuses 2001, has not been resolved. These ac- report of a rule entitled on the principles and teachings of the tions pose a continuing unusual and ex- ‘‘Chlorantraniliprole; Pesticide Tolerances; church, while welcoming students from traordinary threat to the national se- Correction’’ (FRL No. 8888–3) received in the all faiths. curity, foreign policy, and economy of Office of the President of the Senate on Sep- the United States. For these reasons, I tember 20, 2011; to the Committee on Agri- This small but proud school is also a culture, Nutrition, and Forestry. division III member of NCAA athletics, have determined that it is necessary to EC–3315. A communication from the Direc- and 2011 is an exciting year for the continue the national emergency de- tor of the Regulatory Management Division, school as it marks the inaugural sea- clared with respect to persons who Office of Policy, Environmental Protection son for the first football team in the commit, threaten to commit, or sup- Agency, transmitting, pursuant to law, the school’s history. In both its athletic port terrorism, and maintain in force report of a rule entitled ‘‘Fluazifop-P-butyl; programs as well as with the general the comprehensive sanctions to re- Pesticide Tolerances’’ (FRL No. 8889–1) re- student population, Presentation Col- spond to this threat. ceived in the Office of the President of the Senate on September 20, 2011; to the Com- BARACK OBAMA. lege places a strong emphasis on devel- mittee on Agriculture, Nutrition, and For- THE WHITE HOUSE, September 21, 2011. oping their students into capable, ac- estry. tive leaders who have the ability to af- f EC–3316. A communication from the Direc- fect positive change throughout the tor of the Regulatory Review Group, Com- world. MESSAGE FROM THE HOUSE modity Credit Corporation, Department of Presentation College has experienced At 11:07 a.m., a message from the Agriculture, transmitting, pursuant to law, a number of changes over the years. House of Representatives, delivered by the report of a rule entitled ‘‘Biomass Crop From its inception as a nursing school Mr. Novotny, one of its reading clerks, Assistance Program; Corrections’’ (RIN0560– to the community force it has become announced that the House has passed AI13) received in the Office of the President of the Senate on September 20, 2011; to the today, the school has built an impres- the following bills, in which it requests Committee on Agriculture, Nutrition, and sive reputation over the last 60 years. the concurrence of the Senate: Forestry. As it celebrates this landmark event, I H.R. 1852. An act to amend the Public EC–3317. A communication from the Assist- commend Presentation College on its Health Service Act to reauthorize support ant Secretary, Bureau of Political-Military

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5836 CONGRESSIONAL RECORD — SENATE September 21, 2011 Affairs, Department of State, transmitting, EC–3327. A communication from the Assist- EC–3334. A communication from the Direc- pursuant to law, an addendum to a certifi- ant General Counsel for Legislation, Regula- tor of the Regulatory Management Division, cation, transmittal number: DDTC 11–086, of tion and Energy Efficiency, Department of Office of Policy, Environmental Protection the proposed sale or export of defense arti- Energy, transmitting, pursuant to law, the Agency, transmitting, pursuant to law, the cles and/or defense services to a Middle East report of a rule entitled ‘‘Energy Conserva- report of a rule entitled ‘‘Mandatory Report- country regarding any possible affects such a tion Program: Energy Conservation Stand- ing of Greenhouse Gases: Petroleum and Nat- sale might have relating to Israel’s Quali- ards for Residential Refrigerators, Refrig- ural Gas Systems: Revisions to Best Avail- tative Military Edge over military threats to erator-Freezers, and Freezers’’ (RIN1904– able Monitoring Method Provisions’’ (FRL Israel; to the Committee on Armed Services. AB79) received in the Office of the President No. 9469–4) received in the Office of the Presi- EC–3318. A communication from the Acting of the Senate on September 19, 2011; to the dent of the Senate on September 20, 2011; to Assistant Secretary, Bureau of Political- Committee on Energy and Natural Re- the Committee on Environment and Public Military Affairs, Department of State, trans- sources. Works. mitting, pursuant to law, an addendum to a EC–3328. A communication from the Direc- EC–3335. A communication from the Direc- certification, transmittal number: DDTC 11– tor of the Regulatory Management Division, tor of the Regulatory Management Division, 062, of the proposed sale or export of defense Office of Policy, Environmental Protection Office of Policy, Environmental Protection articles and/or defense services to a Middle Agency, transmitting, pursuant to law, the Agency, transmitting, pursuant to law, the East country regarding any possible affects report of a rule entitled ‘‘Approval and Pro- report of a rule entitled ‘‘Approval and Pro- such a sale might have relating to Israel’s mulgation of Air Quality Implementation mulgation of Air Quality Implementation Qualitative Military Edge over military Plans; District of Columbia, Maryland, and Plans; Indiana; Redesignation of the Indian- threats to Israel; to the Committee on Virginia; 2002 Base Year Emission Inventory, apolis Area to Attainment of the 1997 Annual Armed Services. Reasonable Further Progress Plan, Contin- Standard for Fine Particulate Matter’’ (FRL EC–3319. A communication from the Under gency Measures, Reasonably Available Con- No. 9469–6) received in the Office of the Presi- Secretary of Defense (Personnel and Readi- trol Measures, and Transportation Con- dent of the Senate on September 20, 2011; to ness), transmitting a report on the approved formity Budgets for the Washington, DC 1997 the Committee on Environment and Public retirement of Lieutenant General Vern M. 8-Hour Moderate Ozone Nonattainment Works. Findley II, United States Air Force, and his Area’’ (FRL No. 9466–6) received in the Office f advancement to the grade of lieutenant gen- of the President of the Senate on September eral on the retired list; to the Committee on 20, 2011; to the Committee on Environment REPORTS OF COMMITTEES ON Armed Services. and Public Works. SEPTEMBER 20, 2011 EC–3320. A communication from the Under EC–3329. A communication from the Direc- Secretary of Defense (Personnel and Readi- tor of the Regulatory Management Division, The following reports of committees ness), transmitting a report on the approved Office of Policy, Environmental Protection were submitted: retirement of General Duncan J. McNabb, Agency, transmitting, pursuant to law, the By Mr. INOUYE, from the Committee on United States Air Force, and his advance- report of a rule entitled ‘‘Approval and Pro- Appropriations: ment to the grade of general on the retired mulgation of Air Quality Implementation Special Report entitled ‘‘Revised Alloca- list; to the Committee on Armed Services. Plans; North Carolina: Clean Smokestacks tion to Subcommittee of Budget Totals for EC–3321. A communication from the Assist- Act’’ (FRL No. 9471–1) received in the Office Fiscal Year 2012’’ (Rept. No. 112–81). ant Secretary of Defense (Reserve Affairs), of the President of the Senate on September f transmitting, pursuant to law, a report rel- 20, 2011; to the Committee on Environment ative to a proposed change to the Fiscal Year and Public Works. REPORTS OF COMMITTEES EC–3330. A communication from the Direc- 2011 National Guard and Reserve Equipment The following reports of committees Appropriation (NGREA) procurement; to the tor of the Regulatory Management Division, Committee on Armed Services. Office of Policy, Environmental Protection were submitted: EC–3322. A communication from the Assist- Agency, transmitting, pursuant to law, the By Mr. KERRY, from the Committee on ant Secretary of Defense (Reserve Affairs), report of a rule entitled ‘‘Approval and Pro- Foreign Relations, with an amendment in transmitting, pursuant to law, a report rel- mulgation of Air Quality Implementation the nature of a substitute: ative to a proposed change to the Fiscal Year Plans; Delaware; Requirements for S. 1280. A bill to amend the Peace Corps 2011 National Guard and Reserve Equipment Preconstruction Review, Prevention of Sig- Act to require sexual assault risk-reduction Appropriation (NGREA) procurement; to the nificant Deterioration’’ (FRL No. 9466–5) re- and response training, the development of Committee on Armed Services. ceived in the Office of the President of the sexual assault protocol and guidelines, the EC–3323. A communication from the Sec- Senate on September 20, 2011; to the Com- establishment of victims advocates, the es- retary of the Army, transmitting, pursuant mittee on Environment and Public Works. tablishment of a Sexual Assault Advisory to law, a report entitled ‘‘Report to Congress EC–3331. A communication from the Direc- Council, and for other purposes (Rept. No. on Implementation of Army Directive on tor of the Regulatory Management Division, 112–82). Army National Cemeteries Program’’; to the Office of Policy, Environmental Protection By Mrs. MURRAY, from the Committee on Committee on Armed Services. Agency, transmitting, pursuant to law, the Appropriations, without amendment: EC–3324. A communication from the Chief report of a rule entitled ‘‘Interim Final De- S. 1596. An original bill making appropria- of Staff, Media Bureau, Federal Communica- termination to Stay and Defer Sanctions, tions for the Departments of Transportation, tions Commission, transmitting, pursuant to San Joaquin Valley Unified Air Pollution and Housing and Urban Development, and re- law, the report of a rule entitled ‘‘Video De- Control District’’ (FRL No. 9471–2) received lated agencies for the fiscal year ending Sep- scription: Implementation of the Twenty- in the Office of the President of the Senate tember 30, 2012, and for other purposes (Rept. First Century Communications and Video on September 20, 2011; to the Committee on No. 112–83). Accessibility Act of 2010’’ (MB Docket No. Environment and Public Works. f 11–43) received in the Office of the President EC–3332. A communication from the Direc- of the Senate on September 19, 2011; to the tor of the Regulatory Management Division, EXECUTIVE REPORTS OF Committee on Commerce, Science, and Office of Policy, Environmental Protection COMMITTEES Transportation. Agency, transmitting, pursuant to law, the EC–3325. A communication from the Dep- report of a rule entitled ‘‘Revisions to the The following executive reports of uty Chief, Wireline Competition Bureau, California State Implementation Plan, Sac- nominations were submitted: Federal Communications Commission, trans- ramento Metropolitan Air Quality Manage- By Mr. LEVIN for the Committee on mitting, pursuant to law, the report of a rule ment District, Ventura County Air Pollution Armed Services. entitled ‘‘Schools and Libraries Universal Control District, and Placer County Air Pol- *Ashton B. Carter, of Massachusetts, to be Services Support Mechanism’’ ((RIN3060– lution Control District’’ (FRL No. 9468–2) re- Deputy Secretary of Defense. AF85) (CC Docket No. 02–6)) received in the ceived in the Office of the President of the Air Force nomination of Col. Timothy J. Office of the President of the Senate on Sep- Senate on September 20, 2011; to the Com- Leahy, to be Brigadier General. tember 19, 2011; to the Committee on Com- mittee on Environment and Public Works. Navy nomination of Capt. Rebecca J. merce, Science, and Transportation. EC–3333. A communication from the Direc- McCormick-Boyle, to be Rear Admiral (lower EC–3326. A communication from the Assist- tor of the Regulatory Management Division, half). ant General Counsel for Legislation, Regula- Office of Policy, Environmental Protection Navy nomination of Capt. Raquel C. Bono, tion and Energy Efficiency, Department of Agency, transmitting, pursuant to law, the to be Rear Admiral (lower half). Energy, transmitting, pursuant to law, the report of a rule entitled ‘‘Mandatory Report- Air Force nomination of Maj. Gen. Jan- report of a rule entitled ‘‘Energy Conserva- ing of Greenhouse Gases: Changes to Provi- Marc Jouas, to be Lieutenant General. tion Program: Energy Conservation Stand- sions for Electronics Manufacturing (Sub- Army nomination of Maj. Gen. Patricia D. ards for Certain External Power Supplies’’ part I) to Provide Flexibility’’ (FRL No. Horoho, to be Lieutenant General. (RIN1904–AB57) received in the Office of the 9469–3) received in the Office of the President Navy nomination of Rear Adm. (lh) Doug- President of the Senate on September 19, of the Senate on September 20, 2011; to the las J. Venlet, to be Rear Admiral. 2011; to the Committee on Energy and Nat- Committee on Environment and Public Navy nomination of Rear Adm. (lh) David ural Resources. Works. C. Johnson, to be Rear Admiral.

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Air Force nomination of Arthur L. Bouck, Army nomination of John R. Pendergrass, Navy nomination of Capt. Mark R. Whit- to be Major. to be Major. ney, to be Rear Admiral (lower half). Air Force nomination of Tamala L. Gulley, Army nominations beginning with Robert Navy nomination of Capt. Cindy L. Jaynes, to be Major. D. Black and ending with Trudy A. Salerno, to be Rear Admiral (lower half). Air Force nomination of Michael H. Heuer, which nominations were received by the Sen- Air Force nomination of Maj. Gen. Judith to be Colonel. ate and appeared in the Congressional A. Fedder, to be Lieutenant General. Army nominations beginning with Larry Record on September 15, 2011. Army nomination of Maj. Gen. Michael T. W. Dotson and ending with Damian K. Army nominations beginning with James Flynn, to be Lieutenant General. Waddell, which nominations were received A. Christensen and ending with Kathleen A. Air Force nomination of Brig. Gen. Scott by the Senate and appeared in the Congres- Williams, which nominations were received M. Hanson, to be Major General. sional Record on August 2, 2011. by the Senate and appeared in the Congres- Air Force nomination of Maj. Gen. Clyde Army nomination of Jack M. Markusfeld, sional Record on September 15, 2011. D. Moore II, to be Lieutenant General. to be Colonel. Army nominations beginning with Mat- Navy nomination of Vice Adm. Cecil E. D. Army nomination of Stephen R. Taylor, to thew J. Conde and ending with Victor M. Haney, to be Admiral. be Major. Palomares, which nominations were received Army nomination of Col. Robert F. Thom- Army nomination of Hal D. Baird, to be by the Senate and appeared in the Congres- as, to be Brigadier General. Colonel. sional Record on September 15, 2011. Air Force nomination of Brig. Gen. Allyson Army nomination of James E. Orr, to be Army nominations beginning with Lee A. R. Solomon, to be Major General. Colonel. Adams and ending with Mark A. Young, Air Force nomination of Col. Gary W. Army nominations beginning with Steven which nominations were received by the Sen- Keefe, to be Brigadier General. A. Chambers and ending with James P. ate and appeared in the Congressional Air Force nominations beginning with Waldron, which nominations were received Record on September 15, 2011. Colonel Frederik G. Hartwig and ending with by the Senate and appeared in the Congres- Army nominations beginning with Kathie Colonel Kenneth W. Wisian, which nomina- sional Record on September 8, 2011. S. Clark and ending with Nancy L. tions were received by the Senate and ap- Army nominations beginning with Susan Mclaughlin, which nominations were re- peared in the Congressional Record on Au- M. Camoroda and ending with Gerson S. ceived by the Senate and appeared in the gust 2, 2011. Valles, which nominations were received by Congressional Record on September 15, 2011. Air Force nominations beginning with the Senate and appeared in the Congres- Army nominations beginning with Lynn R. Brigadier General Joseph G. Balskus and sional Record on September 8, 2011. Gaylord and ending with Vicki L. Nolin, ending with Brigadier General Catherine S. Army nomination of Hyun S. Sim, to be which nominations were received by the Sen- Lutz, which nominations were received by Colonel. ate and appeared in the Congressional the Senate and appeared in the Congres- Army nomination of Olga Betancourt, to Record on September 15, 2011. sional Record on September 6, 2011. be Major. Army nominations beginning with Nathan Army nomination of Maj. Gen. James L. Army nomination of Michael C. Freidl, to W. Black and ending with Troy G. Terry, to be Lieutenant General. be Major. Danderson, which nominations were received Army nomination of Maj. Gen. William T. Army nomination of Natacha L. Miller, to by the Senate and appeared in the Congres- Grisoli, to be Lieutenant General. sional Record on September 15, 2011. Army nomination of Brig. Gen. Margaret be Major. Army nomination of Benjamin D. Owen, to Marine Corps nominations beginning with W. Boor, to be Major General. Paul M. Aboud and ending with Richard M. Army nomination of Col. Raphael G. Peart, be Major. Army nominations beginning with Heidi J. Zjawin, which nominations were received by to be Brigadier General. the Senate and appeared in the Congres- Army nomination of Brig. Gen. Terry M. Cox and ending with Mark A. Rich, which nominations were received by the Senate and sional Record on February 3, 2011. Haston, to be Major General. Marine Corps nomination of John L. appeared in the Congressional Record on Navy nomination of Rear Adm. Michael S. Hyatt, Jr., to be Major. September 14, 2011. Rogers, to be Vice Admiral. Navy nomination of Paul E. Schoenbucher, Army nominations beginning with Colin A. Navy nomination of Rear Adm. Frank C. Jr., to be Captain. Pandolfe, to be Vice Admiral. Bitterfield and ending with Andreas W. Navy nomination of John N. Desverreaux, Air Force nominations beginning with Wooten, which nominations were received by to be Captain. Colonel Randall R. Ball and ending with the Senate and appeared in the Congres- Navy nomination of David D. Dinkins, to Colonel Dean L. Winslow, which nominations sional Record on September 14, 2011. be Lieutenant Commander. were received by the Senate and appeared in Army nominations beginning with Richard Navy nomination of Kevin J. Oliver, to be the Congressional Record on September 8, J. Allinger and ending with Margaret A. Lieutenant Commander. 2011. (minus 1 nominee: Colonel Edward E. Youngblood, which nominations were re- Navy nominations beginning with Michael Metzgar) ceived by the Senate and appeared in the Fortunato and ending with Matthew T. Army nomination of Maj. Gen. Raymond Congressional Record on September 14, 2011. Wellock, which nominations were received V. Mason, to be Lieutenant General. Army nominations beginning with Brian by the Senate and appeared in the Congres- Army nomination of Maj. Gen. Terry A. R. Benjamin and ending with Mark D. sional Record on September 8, 2011. Wolff, to be Lieutenant General. Young, which nominations were received by Navy nominations beginning with Joseph Mr. LEVIN. Mr. President, for the the Senate and appeared in the Congres- H. Adams II and ending with Jeremy S. sional Record on September 14, 2011. Yarbrough, which nominations were received Committee on Armed Services I report Army nominations beginning with Terese favorably the following nomination by the Senate and appeared in the Congres- B. Acocella and ending with Gary L. sional Record on September 8, 2011. lists which were printed in the RECORDs Williamson, which nominations were re- Navy nominations beginning with Damon on the dates indicated, and ask unani- ceived by the Senate and appeared in the M. Armstrong and ending with Marisol C. mous consent, to save the expense of Congressional Record on September 14, 2011. Ziemba, which nominations were received by reprinting on the Executive Calendar Army nominations beginning with Michael the Senate and appeared in the Congres- that these nominations lie at the Sec- D. Alperin and ending with David S. Wil- sional Record on September 14, 2011. retary’s desk for the information of liams, which nominations were received by Navy nominations beginning with James the Senate and appeared in the Congres- Senators. P. Alderete II and ending with Seth T. Wil- sional Record on September 14, 2011. liams, which nominations were received by The PRESIDING OFFICER. Without Army nominations beginning with Clayton the Senate and appeared in the Congres- objection, it is so ordered. T. Abe and ending with Terrence A. Smith, sional Record on September 14, 2011. Air Force nominations beginning with which nominations were received by the Sen- Navy nominations beginning with Saad M. David B. Barker and ending with Angela M. ate and appeared in the Congressional Alaziz and ending with Michael A. Zundel, Yuhas, which nominations were received by Record on September 14, 2011. which nominations were received by the Sen- the Senate and appeared in the Congres- Army nominations beginning with George ate and appeared in the Congressional sional Record on July 20, 2011. V. Hankewycz and ending with Henry K. Record on September 14, 2011. Air Force nominations beginning with Thomas, which nominations were received Navy nominations beginning with Michael Mark W. Duff and ending with Bryan A. Wil- by the Senate and appeared in the Congres- W. Bloomrose and ending with Christopher liams, which nominations were received by sional Record on September 14, 2011. P. Toscano, which nominations were re- the Senate and appeared in the Congres- Army nominations beginning with John F. ceived by the Senate and appeared in the sional Record on September 6, 2011. Bowley and ending with Maureen E. Weber, Congressional Record on September 14, 2011.

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Navy nominations beginning with Hector By Mrs. GILLIBRAND (for herself, Mr. S. 89 Acevedo and ending with Jay Zulueta, which KIRK, Mr. LEVIN, and Mr. JOHANNS): At the request of Mr. VITTER, the nominations were received by the Senate and S. 1591. A bill to award a Congressional name of the Senator from Idaho (Mr. appeared in the Congressional Record on Gold Medal to Raoul Wallenberg, in recogni- RISCH) was added as a cosponsor of S. September 14, 2011. tion of his achievements and heroic actions Navy nominations beginning with Javier during the Holocaust; to the Committee on 89, a bill to repeal the imposition of Araujo and ending with Raymond C. Yau, Banking, Housing, and Urban Affairs. withholding on certain payments made which nominations were received by the Sen- By Mrs. GILLIBRAND: to vendors by government entities. ate and appeared in the Congressional S. 1592. A bill to amend the Consolidated S. 102 Record on September 14, 2011. Farm and Rural Development Act to expand At the request of Mr. MCCAIN, the Navy nominations beginning with Thomas eligibility for Farm Service Agency loans; to name of the Senator from Georgia (Mr. T. Cook and ending with Leroy C. Young, the Committee on Agriculture, Nutrition, CHAMBLISS) was added as a cosponsor of which nominations were received by the Sen- and Forestry. ate and appeared in the Congressional By Mrs. GILLIBRAND: S. 102, a bill to provide an optional Record on September 14, 2011. S. 1593. A bill to amend the Food and Nu- fast-track procedure the President may Navy nominations beginning with Adnan trition Act of 2008 to require State electronic use when submitting rescission re- S. Ahsan and ending with Rebecca L. benefit transfer contracts to treat wireless quests, and for other purposes. program retail food stores in the same man- Waldram, which nominations were received S. 164 by the Senate and appeared in the Congres- ner as wired program retail food stores; to At the request of Mr. BROWN of Mas- sional Record on September 14, 2011. the Committee on Agriculture, Nutrition, Navy nominations beginning with Fabio O. and Forestry. sachusetts, the name of the Senator Austria, Jr. and ending with Donna L. By Mrs. GILLIBRAND: from Idaho (Mr. RISCH) was added as a Smoak, which nominations were received by S. 1594. A bill to amend the Food Security cosponsor of S. 164, a bill to repeal the the Senate and appeared in the Congres- Act of 1985 to require the Secretary of Agri- imposition of withholding on certain sional Record on September 14, 2011. culture to carry out a conservation program payments made to vendors by govern- under which the Secretary shall make pay- By Mrs. BOXER for the Committee on En- ment entities. vironment and Public Works. ments to assist owners and operators of *Kenneth J. Kopocis, of Virginia, to be an muck land to conserve and improve the soil, S. 672 Assistant Administrator of the Environ- water, and wildlife resources of the land; to At the request of Mr. ROCKEFELLER, mental Protection Agency. the Committee on Agriculture, Nutrition, the names of the Senator from New *Nomination was reported with rec- and Forestry. Hampshire (Mrs. SHAHEEN) and the ommendation that it be confirmed sub- By Mr. HATCH (for himself, Mr. Senator from Michigan (Mr. LEVIN) BARRASSO, Mr. RISCH, Ms. AYOTTE, ject to the nominee’s commitment to were added as cosponsors of S. 672, a Mr. WICKER, Mr. RUBIO, Mr. COATS, bill to amend the Internal Revenue respond to requests to appear and tes- Mr. INHOFE, Mrs. HUTCHISON, Mr. tify before any duly constituted com- ROBERTS, Mr. DEMINT, Mr. BLUNT, Code of 1986 to extend and modify the mittee of the Senate. Mr. CHAMBLISS, and Mr. COBURN): railroad track maintenance credit. (Nominations without an asterisk S. 1595. A bill to prohibit funding for the S. 798 were reported with the recommenda- United Nations in the event the United Na- At the request of Mr. TESTER, the tion that they be confirmed.) tions grants Palestine a change in status name of the Senator from Wyoming from a permanent observer entity before a (Mr. ENZI) was added as a cosponsor of f comprehensive peace agreement has been reached with Israel; to the Committee on S. 798, a bill to provide an amnesty pe- INTRODUCTION OF BILLS AND riod during which veterans and their JOINT RESOLUTIONS Foreign Relations. By Mrs. MURRAY: family members can register certain The following bills and joint resolu- S. 1596. An original bill making appropria- firearms in the National Firearms Reg- tions were introduced, read the first tions for the Departments of Transportation, istration and Transfer Record, and for and second times by unanimous con- and Housing and Urban Development, and re- other purposes. lated agencies for the fiscal year ending Sep- sent, and referred as indicated: S. 996 tember 30, 2012, and for other purposes; from By Mr. PRYOR (for himself and Mr. the Committee on Appropriations; placed on At the request of Mr. ROCKEFELLER, UDALL of New Mexico): the name of the Senator from New Jer- S. 1586. A bill to require the Secretary of the calendar. sey (Mr. MENENDEZ) was added as a co- Commerce to establish a Clean Energy Tech- By Mr. BROWN of Ohio (for himself, nology Manufacturing and Export Assistance Mr. DURBIN, Mr. MERKLEY, Mr. SAND- sponsor of S. 996, a bill to amend the Program, and for other purposes; to the ERS, Mr. FRANKEN, Mrs. GILLIBRAND, Internal Revenue Code of 1986 to extend Committee on Energy and Natural Re- Mr. WHITEHOUSE, and Mr. AKAKA): the new markets tax credit through S. 1597. A bill to provide assistance for the sources. 2016, and for other purposes. modernization, renovation, and repair of ele- By Mr. GRAHAM (for himself and Mr. mentary school and secondary school build- S. 1025 BARRASSO): ings in public school districts and commu- At the request of Mr. LEAHY, the S. 1587. A bill to enable States to opt out names of the Senator from Nevada (Mr. of the Medicaid expansion-related provisions nity colleges across the United States in of the Patient Protection and Affordable order to support the achievement of im- HELLER) and the Senator from North Care Act; to the Committee on Finance. proved educational outcomes in those Dakota (Mr. CONRAD) were added as co- By Mr. WEBB (for himself, Mr. schools, and for other purposes; to the Com- sponsors of S. 1025, a bill to amend title mittee on Health, Education, Labor, and BOOZMAN, Mr. CRAPO, Mr. JOHANNS, 10, United States Code, to enhance the Pensions. Mr. GRASSLEY, Mr. COBURN, Mr. By Mr. NELSON of Florida (for him- national defense through empowerment TESTER, and Mr. COCHRAN): self, Mr. SANDERS, Mr. BLUMENTHAL, of the National Guard, enhancement of S. 1588. A bill to protect the right of indi- the functions of the National Guard viduals to bear arms at water resources de- and Mr. ROCKEFELLER): S. 1598. A bill to amend the Commodity Ex- velopment projects administered by the Sec- Bureau, and improvement of Federal- change Act to prevent excessive speculation retary of the Army, and for other purposes; State military coordination in domes- in commodity markets and excessive specu- to the Committee on Environment and Pub- tic emergency response, and for other lative position limits on energy contracts, lic Works. purposes. and for other purposes; to the Committee on By Mr. LAUTENBERG: S. 1048 S. 1589. A bill to extend the authorization Agriculture, Nutrition, and Forestry. At the request of Mr. MENENDEZ, the for the Coastal Heritage Trail in the State of f names of the Senator from Louisiana New Jersey; to the Committee on Energy ADDITIONAL COSPONSORS and Natural Resources. (Ms. LANDRIEU) and the Senator from By Mrs. MCCASKILL: S. 58 Massachusetts (Mr. BROWN) were added S. 1590. A bill to require the Administrator At the request of Mr. INOUYE, the as cosponsors of S. 1048, a bill to ex- of the Small Business Administration to de- name of the Senator from Hawaii (Mr. pand sanctions imposed with respect to velop a new classification system for small AKAKA) was added as a cosponsor of S. the Islamic Republic of Iran, North business size determinations and to promul- 58, a bill to amend title XVIII of the Korea, and Syria, and for other pur- gate rules to eliminate the nonmanufacturer poses. exception to small business size determina- Social Security Act to provide for pa- tions, and for other purposes; to the Com- tient protection by establishing safe S. 1094 mittee on Small Business and Entrepreneur- nurse staffing levels at certain Medi- At the request of Mr. MENENDEZ, the ship. care providers, and for other purposes. name of the Senator from Florida (Mr.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5839 NELSON) was added as a cosponsor of S. S. 1324 (Mr. BINGAMAN) was added as a cospon- 1094, a bill to reauthorize the Com- At the request of Mrs. BOXER, the sor of S. 1494, a bill to reauthorize and bating Autism Act of 2006 (Public Law name of the Senator from New Mexico amend the National Fish and Wildlife 109–416). (Mr. BINGAMAN) was withdrawn as a co- Foundation Establishment Act. S. 1119 sponsor of S. 1324, a bill to amend the S. 1514 At the request of Mr. INOUYE, the Lacey Act Amendments of 1981 to pro- At the request of Mr. TESTER, the name of the Senator from Rhode Island hibit the importation, exportation, names of the Senator from Minnesota (Mr. WHITEHOUSE) was added as a co- transportation, and sale, receipt, ac- (Mr. FRANKEN), the Senator from Mas- sponsor of S. 1119, a bill to reauthorize quisition, or purchase in interstate or sachusetts (Mr. KERRY), the Senator and improve the Marine Debris Re- foreign commerce, of any live animal from Vermont (Mr. LEAHY) and the search, Prevention, and Reduction Act, of any prohibited wildlife species, and Senator from Michigan (Mr. LEVIN) and for other purposes. for other purposes. were added as cosponsors of S. 1514, a S. 1214 S. 1361 bill to authorize the President to At the request of Mrs. GILLIBRAND, At the request of Mr. KERRY, the award a gold medal on behalf of the the name of the Senator from Oregon name of the Senator from Hawaii (Mr. Congress to Elouise Pepion Cobell, in (Mr. MERKLEY) was added as a cospon- AKAKA) was added as a cosponsor of S. recognition of her outstanding and en- sor of S. 1214, a bill to amend title 10, 1361, a bill to reduce human exposure during contributions to American Indi- United States Code, regarding restric- to endocrine-disrupting chemicals, and ans, Alaska Natives, and the Nation tions on the use of Department of De- for other purposes. through her tireless pursuit of justice. fense funds and facilities for abortions. S. 1369 S. 1528 S. 1219 At the request of Mr. CRAPO, the At the request of Mr. JOHANNS, the At the request of Mr. BARRASSO, the names of the Senator from Alabama name of the Senator from Kentucky names of the Senator from Georgia (Mr. SESSIONS) and the Senator from (Mr. MCCONNELL) was added as a co- (Mr. CHAMBLISS), the Senator from In- Mississippi (Mr. COCHRAN) were added sponsor of S. 1528, a bill to amend the diana (Mr. COATS) and the Senator as cosponsors of S. 1369, a bill to amend Clean Air Act to limit Federal regula- from Missouri (Mr. BLUNT) were added the Federal Water Pollution Control tion of nuisance dust in areas in which as cosponsors of S. 1219, a bill to re- Act to exempt the conduct of silvicul- that dust is regulated under State, quire Federal agencies to assess the tural activities from national pollutant tribal, or local law, to establish a tem- impact of Federal action on jobs and discharge elimination system permit- porary prohibition against revising any job opportunities, and for other pur- ting requirements. national ambient air quality standard poses. applicable to coarse particulate mat- S. 1392 S. 1223 ter, and for other purposes. At the request of Ms. COLLINS, the At the request of Mr. FRANKEN, the name of the Senator from Idaho (Mr. S. 1535 name of the Senator from New Jersey At the request of Mr. BLUMENTHAL, CRAPO) was added as a cosponsor of S. (Mr. MENENDEZ) was added as a cospon- 1392, a bill to provide additional time the name of the Senator from Min- sor of S. 1223, a bill to address vol- for the Administrator of the Environ- nesota (Mr. FRANKEN) was added as a untary location tracking of electronic mental Protection Agency to issue cosponsor of S. 1535, a bill to protect communications devices, and for other achievable standards for industrial, consumers by mitigating the vulner- purposes. commercial, and institutional boilers, ability of personally identifiable infor- S. 1231 process heaters, and incinerators, and mation to theft through a security At the request of Mr. LEAHY, the for other purposes. breach, providing notice and remedies name of the Senator from Massachu- to consumers in the wake of such a S. 1460 setts (Mr. KERRY) was added as a co- breach, holding companies accountable sponsor of S. 1231, a bill to reauthorize At the request of Mr. BAUCUS, the for preventable breaches, facilitating the Second Chance Act of 2007. names of the Senator from Alaska (Mr. the sharing of post-breach technical in- BEGICH) and the Senator from Pennsyl- S. 1251 formation between companies, and en- vania (Mr. CASEY) were added as co- At the request of Mr. COBURN, the hancing criminal and civil penalties sponsors of S. 1460, a bill to grant the names of the Senator from North Caro- and other protections against the un- congressional gold medal, collectively, lina (Mr. BURR), the Senator from Ne- authorized collection or use of person- to the First Special Service Force, in braska (Mr. JOHANNS), the Senator ally identifiable information. recognition of its superior service dur- from Georgia (Mr. CHAMBLISS) and the S. 1538 ing World War II. Senator from Illinois (Mr. KIRK) were At the request of Ms. COLLINS, the added as cosponsors of S. 1251, a bill to S. 1472 names of the Senator from Alabama amend title XVIII and XIX of the So- At the request of Mrs. GILLIBRAND, (Mr. SESSIONS) and the Senator from cial Security Act to curb waste, fraud, the name of the Senator from Massa- Alaska (Ms. MURKOWSKI) were added as and abuse in the Medicare and Med- chusetts (Mr. BROWN) was added as a cosponsors of S. 1538, a bill to provide icaid programs. cosponsor of S. 1472, a bill to impose for a time-out on certain regulations, S. 1273 sanctions on persons making certain and for other purposes. At the request of Mr. CASEY, the investments that directly and signifi- S. 1539 name of the Senator from Hawaii (Mr. cantly contribute to the enhancement At the request of Mr. CORNYN, the AKAKA) was added as a cosponsor of S. of the ability of Syria to develop its pe- names of the Senator from Mississippi 1273, a bill to amend the Fair Labor troleum resources, and for other pur- (Mr. COCHRAN), the Senator from Kan- Standards Act with regard to certain poses. sas (Mr. ROBERTS), the Senator from exemptions under that Act for direct S. 1477 New Hampshire (Ms. AYOTTE), the Sen- care workers and to improve the sys- At the request of Mr. ROBERTS, the ator from Indiana (Mr. COATS), the tems for the collection and reporting of name of the Senator from Alaska (Mr. Senator from Idaho (Mr. RISCH) and the data relating to the direct care work- BEGICH) was added as a cosponsor of S. Senator from Wisconsin (Mr. JOHNSON) force, and for other purposes. 1477, a bill to require the Adminis- were added as cosponsors of S. 1539, a S. 1299 trator of the Federal Aviation Admin- bill to provide Taiwan with critically At the request of Mr. MORAN, the istration to prevent the dissemination needed United States-built multirole name of the Senator from Iowa (Mr. to the public of certain information fighter aircraft to strengthen its self- HARKIN) was added as a cosponsor of S. with respect to noncommercial flights defense capability against the increas- 1299, a bill to require the Secretary of of private aircraft owners and opera- ing military threat from China. the Treasury to mint coins in com- tors. S. 1578 memoration of the centennial of the S. 1494 At the request of Mr. TOOMEY, the establishment of Lions Clubs Inter- At the request of Mrs. BOXER, the name of the Senator from Kansas (Mr. national. name of the Senator from New Mexico MORAN) was added as a cosponsor of S.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5840 CONGRESSIONAL RECORD — SENATE September 21, 2011 1578, a bill to amend the Safe Drinking established Trade Promotion Coordi- SA 651. Mr. RUBIO submitted an amend- Water Act with respect to consumer nating Committee within his National ment intended to be proposed to amendment confidence reports by community Export Initiative. Specifically, the bill SA 633 submitted by Mr. CASEY (for himself, water systems. requires the International Trade Ad- Mr. BROWN of Ohio, and Mr. BAUCUS) to the bill H.R. 2832, supra; which was ordered to lie S. 1585 ministration to assist U.S. Clean Tech on the table. At the request of Mrs. BOXER, the firms with export assistance to help SA 652. Mr. REID (for Mrs. MURRAY) pro- name of the Senator from Oregon (Mr. them navigate foreign markets to ex- posed an amendment to the bill S. 633, to WYDEN) was added as a cosponsor of S. port their goods and services abroad, prevent fraud in small business contracting, 1585, a bill to prohibit the application enhance U.S. Clean Tech Manufac- and for other purposes. SA 653. Mr. INOUYE submitted an amend- of certain restrictive eligibility re- turing firms by requiring ITA to pro- mote policies that will reduce produc- ment intended to be proposed by him to the quirements to foreign nongovern- bill H.R. 2832, to extend the Generalized Sys- mental organizations with respect to tion costs and encourage innovation, tem of Preferences, and for other purposes; the provision of assistance under part I investment, and productivity in the which was ordered to lie on the table. of the Foreign Assistance Act of 1961. clean energy technology sector, and to SA 654. Mr. INOUYE submitted an amend- S. RES. 201 develop and implement a National ment intended to be proposed by him to the Clean Energy Technology Export bill H.R. 2832, supra; which was ordered to lie At the request of Mr. BROWN of Mas- on the table. sachusetts, the name of the Senator Strategy. Arkansas is becoming a national f from North Dakota (Mr. HOEVEN) was leader in clean energy technology. Sev- added as a cosponsor of S. Res. 201, a TEXT OF AMENDMENTS eral companies—LM Windpower, resolution expressing the regret of the Nordex, and Mitsubishi Power Sys- SA 644. Mr. KYL submitted an Senate for the passage of discrimina- tems—have established wind turbine amendment intended to be proposed to tory laws against the Chinese in Amer- manufacturing plants in Arkansas. Ar- amendment SA 633 submitted by Mr. ica, including the Chinese Exclusion kansas Power Electronics Inter- CASEY (for himself, Mr. BROWN of Ohio, Act. national, Inc. is a small business dedi- and Mr. BAUCUS) to the bill H.R. 2832, f cated to developing and marketing to extend the Generalized System of state-of-the-art technology in power Preferences, and for other purposes; STATEMENTS ON INTRODUCED which was ordered to lie on the table; BILLS AND JOINT RESOLUTIONS electronics systems, electronic motor drives, and power electronics pack- as follows: By Mr. PRYOR (for himself and aging. BlueInGreen, a Fayetteville On page 9, line 23, insert ‘‘but not more Mr. UDALL of New Mexico): company, makes energy efficient prod- than 10 percent’’ after ‘‘not less than 5 per- S. 1586. A bill to require the Sec- ucts to improve and maintain water cent’’. retary of Commerce to establish a quality. Silicon Solar Solutions, an Ar- SA 645. Mr. KYL submitted an Clean Energy Technology Manufac- kansas-based startup, is commer- turing and Export Assistance Program, amendment intended to be proposed to cializing its large grain polysilicon amendment SA 633 submitted by Mr. and for other purposes; to the Com- technology company. All of these com- mittee on Energy and Natural Re- CASEY (for himself, Mr. BROWN of Ohio, panies will benefit by having a focused and Mr. BAUCUS) to the bill H.R. 2832, sources. clean energy trade and export program Mr. PRYOR. Mr. President, I rise to extend the Generalized System of established within the International Preferences, and for other purposes; as today with Senator TOM UDALL to in- Trade Administration. troduce the Clean Energy Technology follows: Manufacturing and Export Assistance f Strike section 221 and insert the following: Act of 2011. Recently, the United AMENDMENTS SUBMITTED AND SEC. 221. REPEAL OF TRADE ADJUSTMENT AS- States Council for International Busi- PROPOSED SISTANCE FOR FIRMS. ness, which represents America’s top (a) IN GENERAL.—Notwithstanding section SA 644. Mr. KYL submitted an amendment 233 or any other provision of this subtitle— global companies, joined with an array intended to be proposed to amendment SA (1) effective October 1, 2011, chapter 3 of of leading U.S. business groups in urg- 633 submitted by Mr. CASEY (for himself, Mr. title II of the Trade Act of 1974 (19 U.S.C. 2341 ing ramped-up efforts to promote U.S. BROWN of Ohio, and Mr. BAUCUS) to the bill et seq.) is repealed; and clean energy exports. H.R. 2832, to extend the Generalized System (2) no technical assistance or grants may Global demand, particularly in rap- of Preferences, and for other purposes; which be provided under that chapter on or after idly-growing markets such as Brazil, was ordered to lie on the table. that date. SA 645. Mr. KYL submitted an amendment (b) CLERICAL AMENDMENT.—The table of China, India and Russia, will be espe- intended to be proposed to amendment SA cially critical in expanding America’s contents for the Trade Act of 1974 is amended 633 submitted by Mr. CASEY (for himself, Mr. by striking the items relating to chapter 3 of clean energy technology industries and BROWN of Ohio, and Mr. BAUCUS) to the bill title II. driving U.S. leadership of a 21st Cen- H.R. 2832, supra. tury clean energy economy. According SA 646. Mr. KYL submitted an amendment SA 646. Mr. KYL submitted an to a report by the Economic Policy In- intended to be proposed to amendment SA amendment intended to be proposed to stitute, the U.S. trade deficit with 633 submitted by Mr. CASEY (for himself, Mr. amendment SA 633 submitted by Mr. China in clean energy products more BROWN of Ohio, and Mr. BAUCUS) to the bill H.R. 2832, supra; which was ordered to lie on CASEY (for himself, Mr. BROWN of Ohio, than doubled from 2008 to 2010 and was the table. and Mr. BAUCUS) to the bill H.R. 2832, estimated to cost more than 8,000 U.S. SA 647. Mr. KYL submitted an amendment to extend the Generalized System of jobs in 2010. intended to be proposed to amendment SA Preferences, and for other purposes; The purpose of the bill is to authorize 633 submitted by Mr. CASEY (for himself, Mr. which was ordered to lie on the table; the Department of Commerce Inter- BROWN of Ohio, and Mr. BAUCUS) to the bill as follows: H.R. 2832, supra; which was ordered to lie on national Trade Administration to es- On page 45, between lines 5 and 6, insert tablish a Clean Energy Technology the table. SA 648. Mr. MERKLEY (for himself, Mr. the following: Manufacturing and Export Assistance ENZI, and Mr. BARRASSO) submitted an SEC. 234. REPEAL OF TRADE ADJUSTMENT AS- Program to ensure that United States amendment intended to be proposed by him SISTANCE. clean energy technology firms, includ- to the bill H.R. 2832, supra; which was or- Effective January 1, 2015— ing clean energy technology parts sup- dered to lie on the table. (1) chapters 2, 3, 4, 5, and 6 of title II of the pliers and engineering and design SA 649. Mr. BROWN, of Ohio (for himself, Trade Act of 1974 (19 U.S.C. 2271 et seq.) are firms, have the information and assist- Ms. SNOWE, and Mr. CASEY) submitted an repealed; and amendment intended to be proposed by him (2) the table of contents for the Trade Act ance they need to be competitive and of 1974 is amended by striking the items re- create clean energy technology sector to the bill H.R. 2832, supra; which was or- dered to lie on the table. lating to chapters 2, 3, 4, 5, and 6 of title II. jobs in the United States. SA 650. Mr. THUNE submitted an amend- The Commerce Department is the ment intended to be proposed by him to the SA 647. Mr. KYL submitted an leading agency to promote clean en- bill H.R. 2832, supra; which was ordered to lie amendment intended to be proposed to ergy exports for the President’s newly on the table. amendment SA 633 submitted by Mr.

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5841 CASEY (for himself, Mr. BROWN of Ohio, TITLE ll—MISCELLANEOUS (b) EXPORT SUBSIDY.—Section 771(5A)(B) of and Mr. BAUCUS) to the bill H.R. 2832, SEC. l01. MANDATORY DISCLOSURE BY THE the Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) to extend the Generalized System of UNITED STATES IF MEMBERS OF is amended by adding at the end the fol- Preferences, and for other purposes; THE WORLD TRADE ORGANIZATION lowing new sentence: ‘‘In the case of a sub- FAIL TO DISCLOSE SUBSIDIES sidy relating to a fundamentally under- which was ordered to lie on the table; UNDER THE AGREEMENT ON SUB- valued currency, the fact that the subsidy as follows: SIDIES AND COUNTERVAILING may also be provided in circumstances not MEASURES. On page 19, between lines 2 and 3, insert involving export shall not, for that reason (a) IN GENERAL.—The United States Trade the following: alone, mean that the subsidy cannot be con- Representative shall— sidered contingent upon export perform- SEC. 217. IMPOSITION OF FEE ON FIRMS THAT (1) review each notification of subsidies BENEFIT FROM TRADE ADJUSTMENT ance.’’. submitted under Article 25 of the Agreement ASSISTANCE FOR WORKERS. (c) DEFINITION OF FUNDAMENTALLY UNDER- on Subsidies and Countervailing Measures by (a) ESTABLISHMENT.—Not later than Janu- VALUED CURRENCY.—Section 771 of the Tariff a member of the World Trade Organization ary 1, 2012, the Secretary of Labor shall es- Act of 1930 (19 U.S.C. 1677) is amended by add- with which the United States maintains a tablish a system to impose a fee on a fiscal ing at the end the following new paragraph: material and persistent trade deficit; year basis on firms described in subsection ‘‘(37) FUNDAMENTALLY UNDERVALUED CUR- (2) identify any such member that, for 2 (b) to recoup the costs incurred by the Fed- RENCY.—The administering authority shall consecutive years— eral Government of providing benefits under determine that the currency of a country in (A) fails to submit such a notification; or and administering trade adjustment assist- which the subject merchandise is produced is (B) omits information or includes inac- ance for workers under chapter 2 of title II of a ‘fundamentally undervalued currency’ if— curate information in such a notification the Trade Act of 1974 (19 U.S.C. 2271 et seq.). ‘‘(A) the government of the country (in- that is material with respect to the totality (b) FIRMS DESCRIBED.— cluding any public entity within the terri- of the subsidies of the member; and (1) IN GENERAL.—Except as provided in tory of the country) engages in protracted, (3) notify the Committee on Subsidies and paragraph (2), a firm described in this para- large-scale intervention in one or more for- Countervailing Measures under Article 25 of graph is a firm from which a group of work- eign exchange markets during part or all of the Agreement on Subsidies and Counter- ers is totally or partially separated on or the 18-month period that represents the most vailing Measures of the subsidies of a mem- after the date of the enactment of this Act if recent 18 months for which the information ber identified under paragraph (2) not later that group of workers is subsequently cer- required under paragraph (38) is reasonably than 180 days after— tified under section 222 of the Trade Act of available, but that does not include any pe- (A) in the case of a member identified 1974 (19 U.S.C. 2272) as eligible to apply for riod of time later than the final month in under paragraph (2)(A), the date on which trade adjustment assistance under chapter 2 the period of investigation or the period of the second notification not submitted by the of title II of that Act (19 U.S.C. 2271 et seq.) review, as applicable; member was required to be submitted; or as a result of the workers’ separation from ‘‘(B) the real effective exchange rate of the (B) in the case of a member identified that firm. currency is undervalued by at least 5 per- under paragraph (2)(B), the date of the sub- (2) EXCEPTION FOR FIRMS IN BANKRUPTCY.— cent, on average and as calculated under mission of the second notification in which The fee imposed under subsection (a) shall paragraph (38), relative to the equilibrium the information was omitted or the inac- not be imposed on a firm that has filed for real effective exchange rate for the country’s curate information was included, as the case bankruptcy protection under title 11, United currency during the 18-month period; may be. States Code. ‘‘(C) during the 18-month period, the coun- (b) AGREEMENT ON SUBSIDIES AND COUNTER- (c) TOTAL AMOUNT OF FEE.—The Secretary try has experienced significant and per- VAILING MEASURES DEFINED.—The term sistent global current account surpluses; and of Labor shall determine the amount of fees ‘‘Agreement on Subsidies and Countervailing ‘‘(D) during the 18-month period, the for- to be imposed under subsection (a) so that Measures’’ means the Agreement on Sub- eign asset reserves held by the government the amount of fees collected equals the sidies and Countervailing Measures referred of the country exceed— amount expended by the Federal Govern- to in section 101(d)(12) of the Uruguay Round ‘‘(i) the amount necessary to repay all debt ment in the fiscal year preceding the fiscal Agreements Act (19 U.S.C. 3511(d)(12)). year in which the fees are imposed to provide obligations of the government falling due within the coming 12 months; benefits under and administer trade adjust- SA 649. Mr. BROWN of Ohio (for him- ment assistance for workers under chapter 2 ‘‘(ii) 20 percent of the country’s money sup- of title II of the Trade Act of 1974 (19 U.S.C. self, Ms. SNOWE, and Mr. CASEY) sub- ply, using standard measures of M2; and 2271 et seq.). mitted an amendment intended to be ‘‘(iii) the value of the country’s imports (d) IMPOSITION OF FEE.—The Secretary of proposed by him to the bill H.R. 2832, during the previous 4 months.’’. Labor shall impose the fee under subsection to extend the Generalized System of (d) DEFINITION OF REAL EFFECTIVE EX- (a) on a firm described in subsection (b)— Preferences, and for other purposes; CHANGE RATE UNDERVALUATION.—Section 771 (1) for each fiscal year during which any which was ordered to lie on the table; of the Tariff Act of 1930 (19 U.S.C. 1677), as worker separated from the firm receives as follows: amended by subsection (c) of this section, is trade adjustment assistance under chapter 2 further amended by adding at the end the At the end, add the following: of title II of the Trade Act of 1974 (19 U.S.C. following new paragraph: 2271 et seq.) or remains eligible to apply for TITLE l—FUNDAMENTALLY ‘‘(38) REAL EFFECTIVE EXCHANGE RATE such assistance; and UNDERVALUED CURRENCY UNDERVALUATION.—The calculation of real ef- (2) based on the number of workers de- SEC. l01. SHORT TITLE. fective exchange rate undervaluation, for scribed in paragraph (1) separated from the This title may be cited as the ‘‘Currency purposes of paragraph (5)(E)(v) and para- firm. Reform for Fair Trade Act’’. graph (37), shall— (e) USE OF FEES.—Any fees collected pursu- SEC. l02. CLARIFICATION REGARDING DEFINI- ‘‘(A)(i) rely upon, and where appropriate be ant to subsection (a) shall be deposited in TION OF COUNTERVAILABLE SUB- the simple average of, the results yielded the general fund of the Treasury and used to SIDY. from application of the approaches described offset the costs of providing benefits under (a) BENEFIT CONFERRED.—Section 771(5)(E) in the guidelines of the International Mone- and administering trade adjustment assist- of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) tary Fund’s Consultative Group on Exchange ance for workers under chapter 2 of title II of is amended— Rate Issues; or the Trade Act of 1974 (19 U.S.C. 2271 et seq.). (1) in clause (iii), by striking ‘‘and’’ at the ‘‘(ii) if the guidelines of the International (f) TERMINATION.—This section shall termi- end; Monetary Fund’s Consultative Group on Ex- nate on the date that is one year after the (2) in clause (iv), by striking the period at change Rate Issues are not available, be date on which all expenditures by the Fed- the end and inserting ‘‘, and’’; and based on generally accepted economic and eral Government to provide benefits under or (3) by inserting after clause (iv) the fol- econometric techniques and methodologies administer trade adjustment assistance for lowing new clause: to measure the level of undervaluation; workers under chapter 2 of title II of the ‘‘(v) in the case in which the currency of a ‘‘(B) rely upon data that are publicly avail- Trade Act of 1974 (19 U.S.C. 2271 et seq.) have country in which the subject merchandise is able, reliable, and compiled and maintained terminated. produced is exchanged for foreign currency by the International Monetary Fund or, if obtained from export transactions, and the the International Monetary Fund cannot SA 648. Mr. MERKLEY (for himself, currency of such country is a fundamentally provide the data, by other international or- Mr. ENZI, and Mr. BARRASSO) submitted undervalued currency, as defined in para- ganizations or by national governments; and an amendment intended to be proposed graph (37), the difference between the ‘‘(C) use inflation-adjusted, trade-weighted by him to the bill H.R. 2832, to extend amount of the currency of such country pro- exchange rates.’’. the Generalized System of Preferences, vided and the amount of the currency of such SEC. l03. REPORT ON IMPLEMENTATION OF country that would have been provided if the TITLE. and for other purposes; which was or- real effective exchange rate of the currency (a) IN GENERAL.—Not later than 9 months dered to lie on the table; as follows: of such country were not undervalued, as de- after the date of the enactment of this Act, At the end, add the following: termined pursuant to paragraph (38).’’. the Comptroller General of the United States

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5842 CONGRESSIONAL RECORD — SENATE September 21, 2011 shall submit to Congress a report on the im- (3) An estimate of the probable impact on like or directly competitive with articles plementation of the amendments made by United States businesses, in terms of ex- which are produced or services which are this title. ports, profitability, and employment, if the supplied by such firm; and (b) MATTERS TO BE INCLUDED.—The report trade agreement does not enter into force by ‘‘(ii) the shift described in clause (i)(I) or required by subsection (a) shall include a de- the end of the calendar year following the the acquisition of articles or services de- scription of the extent to which United date of the Commission report scribed in clause (i)(II) contributed impor- States industries that have been materially (c) APPLICABILITY.—The International tantly to such workers’ separation or threat injured by reason of imports of subject mer- Trade Commission shall submit the report of separation.’’. chandise produced in foreign countries with required by this section with respect to— fundamentally undervalued currencies have (1) any trade agreement entered into on or (No material received for amendment received relief under title VII of the Tariff after the date of the enactment of this Act; 652 at time of printing. It will be print- Act of 1930 (19 U.S.C. 1671 et seq.), as amend- and ed in the next issue of the RECORD.) ed by this title. (2) any trade agreement entered into before SEC. l04. APPLICATION TO GOODS FROM CAN- the date of the enactment of this Act if such SA 653. Mr. INOUYE submitted an ADA AND MEXICO. agreement has not entered into force with amendment intended to be proposed by Pursuant to article 1902 of the North Amer- respect to the United States by June 30, 2012. him to the bill H.R. 2832, to extend the ican Free Trade Agreement and section 408 of the North American Free Trade Agree- SA 651. Mr. RUBIO submitted an Generalized System of Preferences, and ment Implementation Act of 1993 (19 U.S.C. amendment intended to be proposed to for other purposes; which was ordered 3438), the amendments made by section l02 amendment SA 633 submitted by Mr. to lie on the table; as follows: of this title shall apply to goods from Canada CASEY (for himself, Mr. BROWN of Ohio, At the end, add the following: and Mexico. and Mr. BAUCUS) to the bill H.R. 2832, TITLE ll—PREFERENTIAL DUTY TREATMENT FOR PHILIPPINES SA 650. Mr. THUNE submitted an to extend the Generalized System of SEC. ll01. SHORT TITLE. amendment intended to be proposed by Preferences, and for other purposes; which was ordered to lie on the table; This title may be cited as the ‘‘Save Our him to the bill H.R. 2832, to extend the Industries Act of 2011’’ or the ‘‘SAVE Act’’. as follows: Generalized System of Preferences, and SEC. ll02. FINDINGS; PURPOSES. for other purposes; which was ordered On page 5 of the amendment, between lines (a) FINDINGS.—Congress finds the fol- to lie on the table; as follows: 6 and 7, insert the following: lowing: At the end, add the following: SEC. 212. REQUIREMENT THAT TO BE ELIGIBLE (1) The United States and the Republic of FOR TRADE ADJUSTMENT ASSIST- the Philippines (in this title referred to as TITLE lll—ITC REPORT ANCE WORKERS BE LAID OFF BE- CAUSE OF IMPORTS FROM, OR A the ‘‘Philippines’’), a former colony, share SEC. ll01. SHORT TITLE. deep historical and cultural ties. The Phil- This title may be cited as the ‘‘Quantifying SHIFT IN PRODUCTION TO, A COUN- TRY WITH WHICH THE UNITED ippines holds enduring political and security the Effects of Failure to Act on Trade Act’’. STATES HAS A FREE TRADE AGREE- significance to the United States. The 2 SEC. ll02. ITC REPORT. MENT IN EFFECT. countries have partnered very successfully in (a) IN GENERAL.— Section 222 of the Trade Act of 1974 (19 combating terrorism in Southeast Asia. (1) FAILURE TO ACT ON AGREEMENT.—Not U.S.C. 2272), as amended by section 211 of (2) The United States and the Philippines later than 2 years after the date that the this Act, is further amended by striking sub- maintain a fair trading relationship that President enters into a trade agreement, the section (a) and inserting the following: should be expanded to the mutual benefit of International Trade Commission shall sub- ‘‘(a) IN GENERAL.—A group of workers shall both countries. In 2010, United States exports mit a report described in subsection (b) to be certified by the Secretary as eligible to to the Philippines were valued at Congress, if — apply for adjustment assistance under this $7,375,000,000, and United States imports from (A) legislation to implement the agree- chapter pursuant to a petition filed under the Philippines were valued at $7,960,000,000. ment has not been submitted to Congress; section 221 if the Secretary determines (3) United States textile exports to the (B) a bill to implement the agreement has that— Philippines were valued at just over not been considered by either House of Con- ‘‘(1) a significant number or proportion of $48,000,000 in 2010, consisting mostly of indus- gress; or the workers in such workers’ firm have be- trial, specialty, broadwoven, and nonwoven (C) the agreement has not entered into come totally or partially separated, or are fabrics. The potential for export growth in force with respect to the United States. threatened to become totally or partially this area can sustain and create thousands of (2) FOLLOW UP REPORT.—The International separated; and jobs. Trade Commission shall update the report ‘‘(2)(A)(i) the sales or production, or both, (4) The Philippines’ textile and apparel in- required by paragraph (1) each year there- of such firm have decreased absolutely; dustries, like that of their counterparts in after, if legislation to implement the agree- ‘‘(ii)(I) imports from a country with which the United States, share the same challenges ment has not been submitted to Congress, a the United States has a free trade agreement and risks stemming from the end of the tex- bill to implement the agreement has not in effect of articles or services like or di- tile and apparel quota system and from the been considered by either House of Congress, rectly competitive with articles produced or end of United States safe-guards that contin- or the agreement has not entered into force. services supplied by such firm have in- ued to control apparel imports from the Peo- (b) CONTENTS OF REPORT.—The report re- creased; ple’s Republic of China until January 1, 2009. quired by subsection (a) shall contain the ‘‘(II) imports from such a country of arti- (5) The United States apparel fabrics indus- following: cles like or directly competitive with arti- try is heavily dependent on sewing outside (1) A quantitative analysis of the impact cles— the United States, and, for the first time, on United States businesses and individuals ‘‘(aa) into which one or more component United States textile manufacturers would caused by the delay in the implementation of parts produced by such firm are directly in- have a program that utilizes sewing done in the agreement. The analysis shall examine corporated, or an Asian country. In contrast, most sewing all relevant factors impacting United States ‘‘(bb) which are produced directly using of United States fabric occurs in the Western businesses and individuals, including— services supplied by such firm, Hemisphere, with about two-thirds of United (A) lost market shares for United States have increased; or States fabric exports presently going to exports in foreign markets resulting from ‘‘(III) imports of articles directly incor- countries that are parties to the North new trade agreements implemented between porating one or more component parts pro- American Free Trade Agreement and the Do- the country with respect to which the trade duced in such a country that are like or di- minican Republic-Central America-United agreement was entered into and any other rectly competitive with imports of articles States Free Trade Agreement. Increased de- country, and market shares lost for United incorporating one or more component parts mand for United States fabric in Asia will in- States exports resulting from any other fac- produced by such firm have increased; and crease opportunities for the United States tor; ‘‘(iii) the increase in imports described in industry. (B) how the delay in implementing the clause (ii) contributed importantly to such (6) Apparel producers in the Western Hemi- agreement is affecting the advancement of workers’ separation or threat of separation sphere are excellent at making basic gar- United States trade objectives, described in and to the decline in the sales or production ments such as T-shirts and standard 5-pocket the Bipartisan Trade Promotion Authority of such firm; or jeans. However, the needle capability does Act of 2002 (or any subsequent trade pro- ‘‘(B)(i)(I) there has been a shift by such not exist to make high fashion, more sophis- motion authority); and workers’ firm to a country with which the ticated garments such as embroidered T- (C) how the delay in implementing the United States has a free trade agreement in shirts and fashion jeans with embellish- agreement is affecting the protection of in- effect in the production of articles or the ments. Such apparel manufacturing is done tellectual property rights of United States supply of services like or directly competi- almost exclusively in Asia. businesses operating in foreign markets. tive with articles which are produced or (7) A program that provides preferential (2) The impact on employment in the services which are supplied by such firm; or duty treatment for certain apparel articles United States resulting from the delay in ‘‘(II) such workers’ firm has acquired from of the Philippines will provide a strong in- implementing the agreement. such a country articles or services that are centive for Philippine apparel manufacturers

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to use United States fabrics, which will open (2) Women’s and girls’ cotton shirts, (b) DUTY-FREE TREATMENT FOR CERTAIN new opportunities for the United States tex- blouses, T-shirts and tank tops (other than ELIGIBLE APPAREL ARTICLES.— tile industry and increase opportunities for underwear T-shirts and tank tops), pullovers, (1) DUTY-FREE TREATMENT.—Subject to United States yarn manufacturers. At the sweatshirts, tops, and similar articles classi- paragraphs (2) and (3), an eligible apparel ar- same time, the United States would be pro- fiable under subheading 6106.10, 6106.90, ticle shall enter the United States free of vided a more diverse range of sourcing oppor- 6109.10, 6110.20, 6110.90, 6112.11, 6114.20, or duty if the article is wholly assembled in the tunities. 6117.90 of the HTS. United States or the Philippines, or both, (b) PURPOSES.—The purposes of this title (3) Men’s and boys’ cotton trousers, breech- and if the component determining the arti- are— es, and shorts classifiable under subheading cle’s classification under the HTS consists (1) to encourage higher levels of trade in 6103.10, 6103.42, 6103.49, 6112.11, 6113.00, 6203.19, entirely of— textiles and apparel between the United 6203.42, 6203.49, 6210.40, 6211.20, 6211.32 of the (A) fabric cut in the United States or the States and the Philippines and enhance the HTS. Philippines, or both, from fabric wholly commercial well-being of their respective in- (4) Women’s and girls’ cotton trousers, formed in the United States from yarns dustries in times of global economic hard- breeches, and shorts classifiable under sub- wholly formed in the United States; ship; heading 6104.19, 6104.62, 6104.69, 6112.11, (B) components knit-to-shape in the (2) to enhance and broaden the economic, 6113.00, 6117.90, 6204.12, 6204.19, 6204.62, 6204.69, United States from yarns wholly formed in security, and political ties between the 6210.50, 6211.20, 6211.42, or 6217.90 of the HTS. the United States; or United States and the Philippines; (5) Men’s and boys’ cotton underpants, (C) any combination of fabric or compo- (3) to stimulate economic activity and de- nents knit-to-shape described in subpara- velopment throughout the Philippines, in- briefs, underwear-type T-shirts and singlets, thermal undershirts, other undershirts, and graphs (A) and (B). cluding regions such as Manila and (2) DYEING, PRINTING, OR FINISHING.—An ap- Mindanao; and similar articles classifiable under sub- heading 6107.11, 6109.10, 6207.11, or 6207.91 of parel article described in paragraph (1) shall (4) to provide a stepping stone to an even- be ineligible for duty-free treatment under tual free trade agreement between the the HTS. (6) Men’s and boys’ manmade fiber under- such paragraph if any component deter- United States and the Philippines, either bi- mining the article’s classification under the laterally or as part of a regional agreement. pants, briefs, underwear-type T-shirts and singlets, thermal undershirts, other under- HTS comprises any fabric, fabric component, SEC. ll03. DEFINITIONS. or component knit-to-shape in the United In this title: shirts, and similar articles classifiable under subheading 6107.12, 6109.90, 6207.19, or 6207.99 States that was dyed, printed, or finished at (1) CLASSIFICATION UNDER THE HTS.—The any place other than in the United States. term ‘‘classification under the HTS’’ means, of the HTS. (7) Men’s and boys’ manmade fiber shirts, (3) OTHER PROCESSES.—An apparel article with respect to an article, the 6-digit sub- described in paragraph (1) shall not be dis- heading or 10-digit statistical reporting num- T-shirts and tank tops (other than under- wear T-shirts and tank tops), pullovers, qualified from eligibility for duty-free treat- ber under which the article is classified in ment under such paragraph because it under- the HTS. sweatshirts, tops, and similar articles classi- fiable under subheading 6105.20, 6105.90, goes stone-washing, enzyme-washing, acid- (2) DOBBY WOVEN FABRIC.—The term ‘‘dobby washing, permapressing, oven baking, woven fabric’’ means fabric, other than jac- 6110.30, 6110.90, 6112.12, 6112.19, or 6114.30 of bleaching, garment-dyeing, screen printing, quard fabric, woven with the use of a dobby the HTS. or other similar processes in either the attachment that raises or lowers the warp (8) Women’s and girls’ manmade fiber United States or the Philippines. threads during the weaving process to create shirts, blouses, T-shirts and tank tops (other than underwear T-shirts and tank tops), (c) KNIT-TO-SHAPE APPAREL ARTICLES.—A patterns including, stripes, and checks and knit-to-shape apparel article shall enter the similar designs. pullovers, sweatshirts, tops, and similar arti- cles classifiable under subheading 6106.20, United States free of duty if it is wholly as- (3) ENTERED.—The term ‘‘entered’’ means sembled in the Philippines and if the compo- 6106.90, 6110.30, 6110.90, 6112.12, 6112.19, 6114.30, entered, or withdrawn from warehouse for nent determining the article’s classification or 6117.90 of the HTS. consumption, in the customs territory of the under the HTS consists entirely of compo- (9) Men’s and boys’ manmade fiber trou- United States. nents knit-to-shape in the Philippines from sers, breeches, and shorts classifiable under (4) HTS.—The term ‘‘HTS’’ means the Har- yarns wholly formed in the United States. monized Tariff Schedule of the United subheading 6103.43, 6103.49, 6112.12, 6112.19, (d) DE MINIMIS RULES.— States. 6112.20, 6113.00, 6203.43, 6203.49, 6210.40, 6211.20, (1) IN GENERAL.—An article that would oth- (5) KNIT-TO-SHAPE.—An article is ‘‘knit-to or 6211.33 of the HTS. erwise be ineligible for preferential treat- shape’’ if 50 percent or more of the exterior (10) Women’s and girls’ manmade fiber ment under this section because the article surface area of the article is formed by major trousers, breeches, and shorts classifiable contains fibers or yarns not wholly formed in parts that have been knitted or crocheted di- under subheading 6104.63, 6104.69, 6112.12, the United States or in the Philippines shall rectly to the shape used in the article, with 6112.19, 6112.20, 6113.00, 6117.90, 6204.63, 6204.69, not be ineligible for such treatment if the no consideration being given to patch pock- 6210.50, 6211.20, 6211.43, or 6217.90 of the HTS. total weight of all such fibers or yarns is not ets, applique´s, or the like. Minor cutting, (11) Men’s and boys’ manmade fiber shirts more than 10 percent of the total weight of trimming, or sewing of those major parts classifiable under subheading 6205.30, 6205.90, the article. shall not affect the determination of whether or 6211.33 of the HTS. (2) ELASTOMERIC YARNS.—Notwithstanding an article is ‘‘knit-to-shape’’. (12) Cotton brassieres and other body sup- paragraph (1), an article described in sub- (6) WHOLLY ASSEMBLED.—An article is port garments classifiable under subheading section (b) or (c) that contains elastomeric ‘‘wholly assembled’’ in the Philippines or the 6212.10, 6212.20, or 6212.30 of the HTS. yarns in the component of the article that United States if— (13) Manmade fiber brassieres and other determines the article’s classification under (A) all components of the article pre-ex- body support garments classifiable under the HTS shall be eligible for duty-free treat- isted in essentially the same condition as the subheading 6212.10, 6212.20, or 6212.30 of the ment under this section only if such elas- components exist in the finished article and HTS. tomeric yarns are wholly formed in the the components were combined to form the (14) Manmade fiber swimwear classifiable United States or the Philippines. finished article in the Philippines or the under subheading 6112.31, 6112.41, 6211.11, or (3) DIRECT SHIPMENT.—Any apparel article United States; and 6211.12 of the HTS. described in subsection (b) or (c) is an eligi- (B) the article is comprised of at least 2 (15) Cotton swimwear classifiable under ble article only if it is imported directly into components. subheading 6112.39, 6112.49, 6211.11, or 6211.12 the United States from the Philippines. (7) WHOLLY FORMED.—A yarn is ‘‘wholly of the HTS. (e) SINGLE TRANSFORMATION RULES.—Any formed in the United States’’ if all of the (16) Men’s and boys’ manmade fiber coats, of the following apparel articles that are cut yarn forming and finishing operations, start- overcoats, carcoats, capes, cloaks, anoraks and wholly assembled, or knit-to-shape, in ing with the extrusion of filaments, strips, (including ski-jackets), windbreakers, pad- the Philippines from any combination of fab- film, or sheet, and including slitting a film ded sleeveless jackets with attachments for rics, fabric components, components knit-to- or sheet into strip, or the spinning of all fi- sleeves, and similar articles classifiable shape, or yarns and are imported directly bers into yarn, or both, and ending with a under subheading 6101.30, 6101.90, 6112.12, into the United States from the Philippines finished yarn or plied yarn, takes place in 6112.19, 6112.20, or 6113.00 of the HTS. shall enter the United States free of duty, the United States. (17) Women’s and girls’ manmade fiber without regard to the source of the fabric, SEC. ll04. TRADE BENEFITS. coats, overcoats, carcoats, capes, cloaks, fabric components, components knit-to- (a) ELIGIBLE APPAREL ARTICLE.—For pur- anoraks (including ski-jackets), wind- shape, or yarns from which the articles are poses of this section, an eligible apparel arti- breakers, padded sleeveless jackets with at- made: cle is any one of the following: tachments for sleeves, and similar articles (1) Except for brassieres classified in sub- (1) Men’s and boys’ cotton shirts, T-shirts classifiable under subheading 6102.30, 6102.90, heading 6212.10 of the HTS, any apparel arti- and tank tops (other than underwear T- 6104.33, 6104.39, 6112.12, 6112.19, 6112.20, 6113.00, cle that is of a type listed in chapter rule shirts and tank tops), pullovers, sweatshirts, or 6117.90 of the HTS. 3(a), 4(a), or 5(a) for chapter 62 of the HTS, as tops, and similar articles classifiable under (18) Gloves, mittens, and mitts of manmade such chapter rule is contained in paragraph subheading 6105.10, 6105.90, 6109.10, 6110.20, fibers classifiable under subheading 6116.10, 9 of section A of the Annex to Proclamation 6110.90, 6112.11, or 6114.20 of the HTS. 6116.93, 6116.99, or 6216.00 of the HTS. 8213 of the President of December 20, 2007, (as

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5844 CONGRESSIONAL RECORD — SENATE September 21, 2011 amended by Proclamation 8272 of June 30, (Q) Gloves, mittens, and mitts of cotton that allow the Office of Textiles and Apparel 2008, or any subsequent proclamation by the classifiable under subheading 6116.10, 6116.92, of the Department of Commerce (OTEXA) to President). 6116.99, or 6216.00 of the HTS. obtain information when fabric wholly (2) Any article not described in paragraph (R) Other men’s or boys’ garments classifi- formed in the United States is exported to (1) that is any of the following: able under statistical reporting number the Philippines to allow for monitoring and (A) Baby garments, clothing accessories, 6211.32.0081 of the HTS. verification before the imports of apparel ar- and headwear classifiable under subheading (f) REVIEW AND REPORT.— ticles containing the fabric for which pref- 6111.20, 6111.30, 6111.90, 6209.20, 6209.30, 6209.90, (1) IN GENERAL.—The Comptroller General erential treatment is sought under this sec- or 6505.90 of the HTS. of the United States shall, not later than 3 tion reach the United States. The informa- (B) Women’s and girls’ cotton coats, over years after the date of the enactment of this tion provided upon export of the fabrics shall coats, carcoats, capes, cloaks, anoraks (in- Act, and every 3 years thereafter, review the include, among other things, the name of the cluding ski-jackets), windbreakers, padded effectiveness of this section in supporting importer of the fabric in the Philippines, the sleeveless jackets with attachments for the use of United States fabrics and make 8-digit HTS subheading covering the apparel sleeves, and similar articles classifiable recommendations necessary to improve or articles to be made from the fabric, and the under subheading 6102.20, 6102.90, 6104.19, expand the provisions of this section to en- quantity of the apparel articles to be made sure support for the use of United States fab- 6104.32, 6104.39, 6112.11, 6113.00, 6117.90, 6202.12, from the fabric for importation into the rics. 6202.19, 6202.92, 6202.99, 6204.12, 6204.19, 6204.32, United States. (2) RECOMMENDATIONS.—After the second 6204.39, 6210.30, 6210.50, 6211.20, 6211.42, or (9) The Philippines has enacted legislation review required under paragraph (1), the 6217.90 of the HTS. or promulgated regulations to allow for the Comptroller General shall make a deter- (C) Cotton dresses classifiable under sub- seizure of merchandise physically transiting mination regarding whether this section is the territory of the Philippines and that ap- heading 6104.42, 6104.49, 6204.42, or 6204.49 of effective in supporting the use of United the HTS. pears to be destined for the United States in States fabrics and recommend to Congress circumvention of the provisions of this title. (D) Manmade fiber dresses classifiable whether or not this section should be re- under subheading 6104.43, 6104.44, 6104.49, (h) CUSTOMS PROCEDURES.— newed. (1) IN GENERAL.— 6204.43, 6204.44, or 6204.49 of the HTS. (g) ENFORCEMENT.—Preferential treatment (E) Men’s and boys’ cotton shirts classifi- (A) PENALTIES FOR EXPORTERS.—If the under this section shall not be provided to President determines, based on sufficient able under statistical reporting number textile and apparel articles that are im- evidence, that an exporter has engaged in 6205.20.1000, 6205.20.2021, 6205.20.2026, ported from the Philippines unless the Presi- transshipments as defined in paragraph (2), 6205.20.2031, 6205.20.2061, 6205.20.2076, 6205.90, dent certifies to Congress that the Phil- then the President shall deny for a period of or 6211.32 of the HTS. ippines is meeting the following conditions: 5 years all benefits under this section to such (F) Men’s and boys’ cotton shirts not con- (1) A valid original textile visa issued by exporter, any successor of such exporter, and taining dobby woven fabric classifiable under the Philippines is provided to U.S. Customs any other entity owned or operated by the statistical reporting number 6205.20.2003, and Border Protection with respect to any 6205.20.2016, 6205.20.2051, 6205.20.2066 of the article for which preferential treatment is principal of the exporter. HTS. claimed. The visa issued is in the standard 9- (B) PENALTIES FOR IMPORTERS.—If the (G) Manmade fiber pajamas and sleepwear digit format required under the Electronic President determines, based on sufficient classifiable under subheading 6107.22, 6107.99, Visa Information System (ELVIS) and meets evidence, that an importer has engaged in 6108.32, 6207.22, 6207.99, or 6208.22 of the HTS. all reporting requirements of ELVIS. transshipments as defined in paragraph (2), (H) Women’s and girls’ wool coats, over- (2) The Philippines is implementing the then the President shall deny for a period of coats, carcoats, capes, cloaks, anoraks (in- Electronic Visa Information System (ELVIS) 5 years all benefits under this section to such cluding ski-jackets), windbreakers, padded to assist in the prevention of transshipment importer, any successor of such importer, or sleeveless jackets with attachments for of apparel articles and the use of counterfeit any entity owned or operated by the prin- sleeves, and similar articles classifiable documents relating to the importation of ap- cipal of the importer. under subheading 6102.10, 6102.30, 6102.90, parel articles into the United States. (2) DEFINITION OF TRANSSHIPMENT.—For 6104.31, 6104.33, 6104.39, 6117.90, 6202.11, 6202.13, (3) The Philippines is enforcing the Memo- purposes of paragraph (1) and subsection (g), 6202.19, 6202.91, 6202.93, 6202.99, 6204.31, 6204.33, randum of Understanding between the transshipment has occurred when pref- 6204.39, 6211.20, 6211.41, or 6117.90 of the HTS. United States of America and the Republic erential treatment for an apparel article (I) Women’s and girls’ wool trousers, of the Philippines Concerning Cooperation in under this section has been claimed on the breeches, and shorts classifiable under sub- Trade in Textile and Apparel Goods, signed basis of material false information con- heading 6104.61, 6104.63, 6104.69, 6117.90, on August 23, 2006. cerning the country of origin, manufacture, 6204.61, 6204.63, 6204.69, 6211.20, 6211.41, or (4) The Philippines agrees to provide, on a processing, cutting, or assembly of the arti- 6217.90 of the HTS. timely basis at the request of U.S. Customs cle or of any fabric, fabric component, or (J) Women’s and girls’ cotton shirts and and Border Protection, and consistently with component knit-to-shape from which the ap- blouses classifiable under subheading 6206.10, the manner in which the records are kept in parel article was cut and assembled. For pur- 6206.30, 6206.90, 6211.42, or 6217.90 of the HTS. the Philippines, a report on exports from the poses of this paragraph, false information is (K) Women’s and girls’ manmade fiber Philippines of apparel articles eligible for material if disclosure of the true informa- shirts, blouses, shirt-blouses, sleeveless tank preferential treatment under this section, tion would have meant that the article is or styles, and similar upper body garments and on imports into the Philippines of yarns, was ineligible for preferential treatment classifiable under subheading 6206.10, 6206.40, fabrics, fabric components, or components under this section. (i) PROCLAMATION AUTHORITY.—The Presi- 6206.90, 6211.43, or 6217.90 of the HTS. knit-to-shape that are wholly formed in the dent shall issue a proclamation to carry out (L) Women’s and girls’ manmade fiber United States. this section not later than 60 days after the coats, jackets, carcoats, capes, cloaks, (5) The Philippines agrees to cooperate date of the enactment of this title. The anoraks (including ski-jackets), wind- fully with the United States to address and President shall consult with the Committee breakers, padded sleeveless jackets with at- take action necessary to prevent circumven- on Finance of the Senate and the Committee tachments for sleeves, and similar articles tion as provided in Article 5 of the Agree- on Ways and Means of the House of Rep- classifiable under subheading 6202.13, 6202.19, ment on Textiles and Clothing referred to in resentatives in preparing such proclamation. 6202.93, 6202.99, 6204.33, 6204.39, 6210.30, 6210.50, section 101(d)(4) of the Uruguay Round SEC. ll05. EFFECTIVE DATE. 6211.20, 6211.43, or 6217.90 of the HTS. Agreements Act (19 U.S.C. 3511(d)(4)). This title shall apply to articles entered, (M) Cotton skirts classifiable under sub- (6) The Philippines agrees to require Phil- or withdrawn from warehouse for consump- heading 6104.19, 6104.52, 6104.59, 6204.12, ippines producers and exporters of articles tion, on or after the 15th day after the date 6204.19, 6204.52, or 6204.59 of the HTS. eligible for preferential treatment under this on which the President issues the proclama- (N) Manmade fiber skirts classifiable under section to maintain, for at least 5 years after tion required by section ll04(i). subheading 6104.53, 6104.59, 6204.53, or 6204.59 the date of export, complete records of the SEC. ll06. TERMINATION. of the HTS. production and the export of such articles, (a) IN GENERAL.—The preferential duty (O) Men’s and boys’ manmade fiber coats, including records of yarns, fabrics, fabric treatment provided under this title shall re- overcoats, carcoats, capes, cloaks, anoraks components, and components knit-to-shape main in effect for a period of 7 years begin- (including ski-jackets), windbreakers, pad- and used in the production of such articles. ning on the effective date provided for in sec- ded sleeveless jackets with attachments for (7) The Philippines agrees to provide, on a tion ll05. sleeves, and similar articles classifiable timely basis, at the request of U.S. Customs (b) GSP ELIGIBILITY.—The preferential under subheading 6201.13, 6201.19, 6201.93, and Border Protection, documentation estab- duty treatment provided under this title 6201.99, 6210.20, 6210.40, 6211.20, or 6211.33 of lishing the country of origin of articles eligi- shall terminate if and when the Philippines the HTS. ble for preferential treatment under this sec- becomes ineligible for designation as a bene- (P) Women’s and girls’ manmade fiber tion, as used by that country in imple- ficiary developing country under title V of slips, petticoats, briefs, panties, and under- menting an effective visa system. the Trade Act of 1974 (19 U.S.C. 2461 et seq.). wear classifiable under subheading 6108.11, (8) The Philippines is to establish, within 6108.22, 6108.92, 6109.90, 6208.11, or 6208.92 of 60 days after the date of the President’s cer- SA 654. Mr. INOUYE submitted an the HTS. tification under this paragraph, procedures amendment intended to be proposed by

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — SENATE S5845 him to the bill H.R. 2832, to extend the Building, to conduct a hearing entitled thorized to meet during the session of Generalized System of Preferences, and ‘‘Dually-Eligible Beneficiaries: Improv- the Senate on September 21, 2011, at for other purposes; which was ordered ing Care While Lowering Costs.’’ 2:30 p.m., in room 366 of the Dirksen to lie on the table; as follows: The PRESIDING OFFICER. Without Senate Office Building. At the end, add the following: objection, it is so ordered. The PRESIDING OFFICER. Without TITLE l—MODIFICATION OF TONNAGE COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. TAX Mr. CASEY. Mr. President, I ask SEC. ll. MODIFICATION OF THE APPLICATION unanimous consent that the Com- f OF THE TONNAGE TAX ON VESSELS mittee on Foreign Relations be author- OPERATING IN THE DUAL UNITED ized to meet during the session of the STATES DOMESTIC AND FOREIGN PRIVILEGES OF THE FLOOR TRADES. Senate on September 21, at 10 a.m. The PRESIDING OFFICER. Without Mr. WYDEN. Mr. President, I ask (a) IN GENERAL.—Subsection (f) of section unanimous consent that Joseph 1355 of the Internal Revenue Code of 1986 (re- objection, it is so ordered. Scovitch and Danielle Dellerson, Fi- lating to definitions and special rules) is COMMITTEE ON HOMELAND SECURITY AND amended to read as follows: GOVERNMENTAL AFFAIRS. nance Committee staff, be granted the ‘‘(f) EFFECT OF OPERATING A QUALIFYING Mr. CASEY. Mr. President, I ask privilege of the floor during consider- VESSEL IN THE DUAL UNITED STATES DOMES- unanimous consent that the Com- ation of the Generalized System of TIC AND FOREIGN TRADES.—For purposes of Preferences Act. this subchapter— mittee on Homeland Security and Gov- ernmental Affairs be authorized to The PRESIDING OFFICER. Without ‘‘(1) an electing corporation shall be treat- objection, it is so ordered. ed as continuing to use a qualifying vessel in meet during the session of the Senate the United States foreign trade during any on September 21, 2011, at 10 a.m. Mr. BAUCUS. Mr. President, I ask period of use in the United States domestic The PRESIDING OFFICER. Without unanimous consent that John Cole, a trade, and objection, it is so ordered. fellow in the office of Senator PRYOR, ‘‘(2) gross income from such United States COMMITTEE ON HOMELAND SECURITY AND be granted the privilege of the floor for domestic trade shall not be excluded under GOVERNMENTAL AFFAIRS the duration of the consideration of section 1357(a), but shall not be taken into Mr. CASEY. Mr. President, I ask H.R. 2832, the Generalized System of account for purposes of section 1353(b)(1)(B) unanimous consent that the Com- Preferences Act. or for purposes of section 1356 in connection The PRESIDING OFFICER. Without with the application of section 1357 or 1358.’’. mittee on Homeland Security and Gov- (b) REGULATORY AUTHORITY FOR ALLOCA- ernmental Affairs be authorized to objection, it is so ordered. TION OF CREDITS, INCOME, AND DEDUCTIONS.— meet during the session of the Senate Section 1358 of the Internal Revenue Code of on September 21, 2011, at 2:30 p.m., to f 1986 (relating to allocation of credits, in- conduct a hearing entitled ‘‘Trans- come, and deductions) is amended— forming Wartime Contracting: Rec- TAIWAN OBSERVER STATUS IN (1) by striking ‘‘in accordance with this ommendations of the Commission on THE INTERNATIONAL CIVIL subsection’’ in subsection (c) and inserting Wartime Contracting.’’ AVIATION ORGANIZATION ‘‘to the extent provided in such regulations as may be prescribed by the Secretary’’, and The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- (2) by adding at the end the following new objection, it is so ordered. imous consent that the Senate proceed subsection: COMMITTEE ON VETERANS’ AFFAIRS to the consideration of Calendar No. ‘‘(d) REGULATIONS.—The Secretary shall Mr. CASEY. Mr. President, I ask 115, S. Con. Res. 17. prescribe regulations consistent with the unanimous consent that the committee provisions of this subchapter for the purpose The PRESIDING OFFICER. The on Veterans’ Affairs be authorized to clerk will report the concurrent resolu- of allocating gross income, deductions, and meet during the session of the Senate credits between or among qualifying ship- tion by title. ping activities and other activities of a tax- on September 21, 2011, in room SDG–50 The legislative clerk read as follows: in the Dirksen Senate Office Building payer.’’. A concurrent resolution (S. Con. Res. 17) (c) CONFORMING AMENDMENTS.— beginning at 10 a.m. expressing the sense of Congress that Taiwan (1) Section 1355(a)(4) of the Internal Rev- The PRESIDING OFFICER. Without should be accorded observer status in the enue Code of 1986 is amended by striking ‘‘ex- objection, it is so ordered. International Civil Aviation Organization clusively’’. SUBCOMMITTEE ON ANTITRUST, COMPETITION, (ICAO). (2) Section 1355(b)(1)(B) of such Code is POLICY, AND CONSUMER RIGHTS amended by striking ‘‘as a qualifying vessel’’ There being no objection, the Senate Mr. CASEY. Mr. President, I ask proceeded to consider the concurrent and inserting ‘‘in the transportation of goods unanimous consent that the Com- or passengers’’. resolution. (3) Section 1355 of such Code is amended— mittee on the Judiciary, Sub- Mr. REID. Mr. President, I know of (A) by striking subsection (g), and committee on Antitrust, Competition no further debate on this resolution. (B) by redesignating subsection (h) as sub- Policy, and Consumer Rights, be au- The PRESIDING OFFICER. Is there section (g). thorized to meet during the session of further debate? (d) EFFECTIVE DATE.—The amendments the Senate, on September 21, 2011, at 2 made by this section shall apply to taxable If not, the question is on the adop- p.m., in room SD–226 of the Dirksen tion of the concurrent resolution. years beginning after the date of the enact- Senate Office Building, to conduct a ment of this Act. The concurrent resolution (S. Con. hearing entitled ‘‘The Power of Google: Res. 17) was agreed to. f Serving Consumers or Threatening AUTHORITY FOR COMMITTEES TO Mr. REID. Mr. President, I ask unan- Competition?’’ imous consent that the preamble be MEET The PRESIDING OFFICER. Without agreed to, the motions to reconsider be objection, it is so ordered. COMMITTEE ON ENVIRONMENT AND PUBLIC laid upon the table, with no inter- WORKS SUBCOMMITTEE ON CRIME AND TERRORISM vening action or debate, and any state- Mr. CASEY. Mr. President, I ask Mr. CASEY. Mr. President, I ask ments relating to this matter be print- unanimous consent that the Com- unanimous consent that the Com- ed in the RECORD. mittee on Environment and Public mittee on the Judiciary, Sub- The PRESIDING OFFICER. Without Works be authorized to meet during committee on Crime and Terrorism, be objection, it is so ordered. the session of the Senate on September authorized to meet during the session The preamble was agreed to. 21, 2011, at 10 a.m. in room 406 of the of the Senate, on September 21, 2011, at The resolution, with its preamble, Dirksen Senate Office Building. 11 a.m., in room SD–226 of the Dirksen reads as follows: The PRESIDING OFFICER. Without Senate Office Building, to conduct a objection, it is so ordered. hearing entitled ‘‘Countering Terrorist S. CON. RES. 17 COMMITTEE ON FINANCE Financing: Progress and Priorities.’’ Whereas the Convention on International Mr. CASEY. Mr. President, I ask The PRESIDING OFFICER. Without Civil Aviation, signed in Chicago, Illinois, on objection, it is so ordered. December 7, 1944, and entered into force unanimous consent that the Com- April 4, 1947, approved the establishment of mittee on Finance be authorized to SUBCOMMITTEE ON NATIONAL PARKS the International Civil Aviation Organiza- meet during the session of the Senate Mr. CASEY. Mr. President, I ask tion (ICAO), stating ‘‘The aims and objec- on September 21, 2011 at 10 a.m., in unanimous consent that the Sub- tives of the Organization are to develop the room 215 of the Dirksen Senate Office committee on Nationals Parks be au- principles and techniques of international

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5846 CONGRESSIONAL RECORD — SENATE September 21, 2011 air navigation and to foster the planning and through granting of observer status: Now, means that the Department gets to set development of international air transport therefore, be it the timeline for implementing the pro- so as to . . . meet the needs of the peoples of Resolved by the Senate (the House of Rep- visions so that implementation is done the world for safe, regular, efficient and eco- resentatives concurring), That it is the sense right. nomical air transport’’; of Congress that— Whereas, following the terrorist attacks of (1) meaningful participation by the Gov- Mr. REID. Mr. President, I ask unan- September 11, 2001, the ICAO convened a ernment of Taiwan as an observer in the imous consent that the Murray amend- high-level Ministerial Conference on Avia- meetings and activities of the International ment at the desk be agreed to, the bill, tion Security that endorsed a global strategy Civil Aviation Organization (ICAO) will con- as amended, be read a third time and for strengthening aviation security world- tribute both to the fulfillment of the ICAO’s passed, the motions to reconsider be wide and issued a public declaration that ‘‘a overarching mission and to the success of a laid upon the table, and any state- uniform approach in a global system is es- global strategy to address aviation security ments relating to the measure be print- sential to ensure aviation security through- threats based on effective international co- out the world and that deficiencies in any ed in the RECORD. operation; The PRESIDING OFFICER. Without part of the system constitute a threat to the (2) the United States Government should entire global system,’’ and that there should take a leading role in garnering inter- objection, it is so ordered. be a commitment to ‘‘foster international national support for the granting of observer The amendment (No. 652) was agreed cooperation in the field of aviation security status to Taiwan in the ICAO for the purpose to, as follows: and harmonize the implementation of secu- of such participation; and (Purpose: To delay the effective date of the rity measures’’; (3) the Department of State should provide veterans contracting provisions) Whereas, the 37th ICAO Assembly in Octo- briefings to or consult with Congress on any On page 10, beginning on line 8, strike ‘‘Not ber 2010 adopted a Declaration on Aviation efforts conducted by the United States Gov- later than 1 year after the date of enactment Security largely in response to the at- ernment in support of Taiwan’s attainment of this Act, the’’ and insert ‘‘The’’. tempted sabotage of Northwest Airlines of observer status in the ICAO. On page 10, between lines 15 and 16, insert Flight 253 on December 25, 2009, which estab- f the following: lished new criminal penalties for the use of (d) EFFECTIVE DATE.— civil aircraft as a weapon, the use of dan- SMALL BUSINESS CONTRACTING (1) IN GENERAL.—The amendment made by gerous materials to attack aircraft or other FRAUD PREVENTION ACT OF 2011 subsection (b) and the requirements under targets on the ground, and the unlawful subsection (c) shall take effect on the date transport of biological, chemical, and nu- Mr. REID. Mr. President, I ask unan- on which the Secretary of Veterans Affairs clear weapons and related materials, along imous consent that the Committee on (referred to in this subsection as the ‘‘Sec- with extradition arrangements that facili- Small Business be discharged from fur- retary’’) publishes in the Federal Register a tate cooperation among nations in appre- ther consideration of S. 633 and the determination that the Department of Vet- hending and prosecuting those who have un- erans Affairs has the necessary resources and dertaken these and other criminal acts; Senate proceed to its consideration. The PRESIDING OFFICER. Without capacity to carry out the additional respon- Whereas, on October 8, 2010, the Depart- sibility of determining whether small busi- ment of State praised the 37th ICAO Assem- objection, it is so ordered. The clerk will report the bill by title. ness concerns registered with the VetBiz bly on its adoption of the Declaration on database of the Department of Veterans Af- Aviation Security, but noted that ‘‘because The legislative clerk read as follows: fairs are owned and controlled by a veteran every airport offers a potential entry point A bill (S. 633) to prevent fraud in small or a service-disabled veteran, as the case into this global system, every nation faces business contracting, and for other purposes. may be, in accordance with subsection (g) of the threat from gaps in aviation security section 4 of the Small Business Act (15 U.S.C. throughout the world—and all nations must There being no objection, the Senate 633), as added by subsection (b). share the responsibility for securing that proceeded to consider the bill. (2) TIMELINE.—If the Secretary determines system’’; Mrs. MURRAY. Mr. President, I rise that the Secretary is not able to publish the Whereas the Taipei Flight Information Re- today to address the Department of determination under paragraph (1) before the gion, under the jurisdiction of Taiwan, ROC, Veterans Affairs’ role in S. 633, the date that is 1 year after the date of enact- covers an airspace of 176,000 square nautical Small Business Contracting Fraud Pre- miles and provides air traffic control serv- ment of this Act, the Secretary shall, not ices to over 1,350,000 flights annually, with vention Act of 2011. later than 1 year after the date of enactment the Taiwan Taoyuan International Airport As introduced, S. 633 contains a pro- of this Act, submit a report containing an es- recognized as the 8th and 18th largest airport vision that would require the Depart- timate of the date on which the Secretary by international cargo volume and number ment of Veterans Affairs, through its will publish the determination under para- of international passengers, respectively; Center for Veterans Enterprise, to graph (1) to the Committee on Small Busi- Whereas exclusion from the ICAO since ness and Entrepreneurship and the Com- verify the status of any small business mittee on Veterans’ Affairs of the Senate 1971 has impeded the efforts of the Govern- seeking to be registered as a veteran- ment of Taiwan to maintain civil aviation and the Committee on Small Business and practices that comport with evolving inter- owned or service-disabled veteran- the Committee on Veterans’ Affairs of the national standards, due to its inability to owned small business. S. 633 would also House of Representatives. contact the ICAO for up-to-date information require the head of each Federal agen- The bill (S. 633), as amended, was or- on aviation standards and norms, secure cy to confirm the status of any service- dered to be engrossed for a third read- amendments to the organization’s regula- disabled veteran-owned small business ing, was read the third time, and tions in a timely manner, obtain sufficient before permitting that business to passed, as follows: and timely information needed to prepare for compete for Federal sole-source or set- S. 633 the implementation of new systems and pro- aside contracts. cedures set forth by the ICAO, receive tech- Be it enacted by the Senate and House of Rep- nical assistance in implementing new regula- I agree that governmentwide verifi- resentatives of the United States of America in tions, and participate in technical and aca- cation of veteran-owned and service- Congress assembled, demic seminars hosted by the ICAO; disabled veteran-owned small business SECTION 1. SHORT TITLE. Whereas the United States, in the 1994 Tai- status is an important step towards This Act may be cited as the ‘‘Small Busi- wan Policy Review, clearly declared its sup- fraud prevention. But we must ensure ness Contracting Fraud Prevention Act of port for the participation of Taiwan in ap- that enactment of S. 633 does not add 2011’’. propriate international organizations, in to the backlog of veterans currently SEC. 2. DEFINITIONS. particular, on September 27, 1994, with the awaiting verification of their small In this Act— announcement by the Assistant Secretary of (1) the term ‘‘8(a) program’’ means the pro- State for East Asian and Pacific Affairs that, businesses, and that veterans’ busi- gram under section 8(a) of the Small Busi- pursuant to the Review and recognizing Tai- nesses are not unfairly delayed in their ness Act (15 U.S.C. 637(a)); wan’s important role in transnational issues, ability to compete for contracts. (2) the terms ‘‘Administration’’ and ‘‘Ad- the United States ‘‘will support its member- I am pleased that Senators LANDRIEU ministrator’’ mean the Small Business Ad- ship in organizations where statehood is not and SNOWE have agreed to my amend- ministration and the Administrator thereof, a prerequisite, and [the United States] will ment to S. 633. Under my amendment, respectively; support opportunities for Taiwan’s voice to the verification provisions in S. 633 (3) the terms ‘‘HUBZone’’ and ‘‘HUBZone be heard in organizations where its member- would not take effect until the Depart- small business concern’’ and ‘‘HUBZone ship is not possible’’; and map’’ have the meanings given those terms Whereas ICAO rules and existing practices ment of Veterans Affairs first certifies in section 3(p) of the Small Business Act (15 have allowed for the meaningful participa- it possesses the necessary resources U.S.C. 632(p)), as amended by this Act; and tion of noncontracting countries as well as and capacity to undertake the new re- (4) the term ‘‘recertification’’ means a de- other bodies in its meetings and activities quirements imposed by S. 633. This termination by the Administrator that a

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FRAUD DETERRENCE AT THE SMALL through the Online Representations and Cer- ‘‘(2) VERIFICATION OF STATUS.— BUSINESS ADMINISTRATION. tifications Application process required ‘‘(A) VETERANS AFFAIRS.—The Secretary of Section 16 of the Small Business Act (15 under section 4.1201 of the Federal Acquisi- Veterans Affairs shall determine whether a U.S.C. 645) is amended— tion Regulation, or any successor thereto.’’; business concern registered with the VetBiz (1) in subsection (d)— and database of the Department of Veterans Af- (A) in paragraph (1)— (3) by adding at the end the following: fairs, or any successor thereto, as a small (i) in the matter preceding subparagraph ‘‘(g) A person shall be subject to the pen- business concern owned and controlled by (A), by striking ‘‘Whoever’’ and all that fol- alties and remedies described in subsection veterans or a small business concern owned lows through ‘‘oneself or another’’ and in- (d)(2) if the person misrepresents the status and controlled by service-disabled veterans serting the following: ‘‘A person shall be sub- of any concern or person as a small business is owned and controlled by a veteran or a ject to the penalties and remedies described concern, a qualified HUBZone small business service-disabled veteran, as the case may be. in paragraph (2) if the person misrepresents concern, a small business concern owned and ‘‘(B) FEDERAL AGENCIES GENERALLY.—The the status of any concern or person as a controlled by socially and economically dis- head of each Federal agency shall— small business concern, a qualified HUBZone advantaged individuals, a small business ‘‘(i) for a sole source contract awarded to a small business concern, a small business con- concern owned and controlled by women, or small business concern owned and controlled cern owned and controlled by socially and a small business concern owned and con- by service-disabled veterans or a contract economically disadvantaged individuals, a trolled by service-disabled veterans— awarded with competition restricted to small business concern owned and controlled ‘‘(1) in order to allow any person to partici- small business concerns owned and con- by women, or a small business concern pate in any program of the Administration; trolled by service-disabled veterans under owned and controlled by service-disabled or section 36, determine whether a business veterans, in order to obtain for any person’’; ‘‘(2) in relation to a protest of a contract concern submitting a proposal for the con- (ii) by amending subparagraph (A) to read award or proposed contract award made tract is a small business concern owned and as follows: under regulations issued by the Administra- controlled by service-disabled veterans; and ‘‘(A) prime contract, subcontract, grant, or tion. ‘‘(ii) use the VetBiz database of the Depart- cooperative agreement to be awarded under ‘‘(h)(1) A person that submits a request for ment of Veterans Affairs, or any successor subsection (a) or (m) of section 8, or section payment on a contract or subcontract that is thereto, in determining whether a business 9, 15, 31, or 36;’’; awarded under subsection (a) or (m) of sec- concern is a small business concern owned (iii) by striking subparagraph (B); tion 8, or section 9, 15, 31, or 36, shall be and controlled by service-disabled veterans. (iv) by redesignating subparagraphs (C) and deemed to have submitted a certification ‘‘(3) DEBARMENT AND SUSPENSION.—If the (D) as subparagraphs (B) and (C), respec- that the person complied with regulations Administrator determines that a business tively; and issued by the Administration governing the concern knowingly and willfully misrepre- (v) in subparagraph (C), as so redesignated, percentage of work that the person is re- sented that the business concern is a small by striking ‘‘, shall be’’ and all that follows quired to perform on the contract or sub- business concern owned and controlled by and inserting a period; contract, unless the person states, in writ- service-disabled veterans, the Administrator (B) in paragraph (2)— ing, that the person did not comply with the may debar or suspend the business concern (i) by redesignating subparagraphs (C) and regulations. from contracting with the United States.’’. ‘‘(2) A person shall be subject to the pen- (D) as subparagraphs (D) and (E), respec- (c) INTEGRATION OF DATABASES.—The Ad- alties and remedies described in subsection tively; and ministrator for Federal Procurement Policy (d)(2) if the person— (ii) by inserting after subparagraph (B) the and the Secretary of Veterans Affairs shall ‘‘(A) uses the services of a business other following: ensure that data is shared on an ongoing than the business awarded the contract or basis between the VetBiz database of the De- ‘‘(C) be subject to the civil remedies under subcontract to perform a greater percentage partment of Veterans Affairs and the Central subchapter III of chapter 37 of title 31, of work under a contract than is permitted Contractor Registration database main- United States Code (commonly known as the by regulations issued by the Administration; tained under subpart 4.11 of the Federal Ac- ‘False Claims Act’);’’; and or quisition Regulation. (C) by adding at the end the following: (d) EFFECTIVE DATE.— ‘‘(3)(A) In the case of a violation of para- ‘‘(B) willfully participates in a scheme to (1) IN GENERAL.—The amendment made by graph (1)(A), (g), or (h), for purposes of a pro- circumvent regulations issued by the Admin- subsection (b) and the requirements under ceeding described in subparagraph (A) or (C) istration governing the percentage of work subsection (c) shall take effect on the date of paragraph (2), the amount of the loss to that a contractor is required to perform on a on which the Secretary of Veterans Affairs the Federal Government or the damages sus- contract.’’. (referred to in this subsection as the ‘‘Sec- tained by the Federal Government, as appli- SEC. 4. VETERANS INTEGRITY IN CONTRACTING. retary’’) publishes in the Federal Register a cable, shall be an amount equal to the (a) DEFINITION.—Section 3(q)(1) of the determination that the Department of Vet- amount that the Federal Government paid to Small Business Act (15 U.S.C. 632(q)(1)) is erans Affairs has the necessary resources and the person that received a contract, grant, or amended by striking ‘‘means a veteran’’ and cooperative agreement described in para- all that follows and inserting the following: capacity to carry out the additional respon- graph (1)(A), (g), or (h), respectively. ‘‘means— sibility of determining whether small busi- ‘‘(B) In the case of a violation of subpara- ‘‘(A) a veteran with a service-connected ness concerns registered with the VetBiz graph (B) or (C) of paragraph (1), for the pur- disability rated by the Secretary of Veterans database of the Department of Veterans Af- pose of a proceeding described in subpara- Affairs as zero percent or more disabling; or fairs are owned and controlled by a veteran graph (A) or (C) of paragraph (2), the amount ‘‘(B) a former member of the Armed Forces or a service-disabled veteran, as the case of the loss to the Federal Government or the who is retired, separated, or placed on the may be, in accordance with subsection (g) of damages sustained by the Federal Govern- temporary disability retired list for physical section 4 of the Small Business Act (15 U.S.C. ment, as applicable, shall be an amount disability under chapter 61 of title 10, United 633), as added by subsection (b). equal to the portion of any payment by the States Code.’’. (2) TIMELINE.—If the Secretary determines Federal Government under a prime contract (b) VETERANS CONTRACTING.—Section 4 of that the Secretary is not able to publish the that was used for a subcontract described in the Small Business Act (15 U.S.C. 633) is determination under paragraph (1) before the subparagraph (B) or (C) of paragraph (1), re- amended by adding at the end the following: date that is 1 year after the date of enact- spectively. ‘‘(g) VETERAN STATUS.— ment of this Act, the Secretary shall, not ‘‘(C) In a proceeding described in subpara- ‘‘(1) IN GENERAL.—A business concern seek- later than 1 year after the date of enactment graph (A) or (B), no credit shall be applied ing status as a small business concern owned of this Act, submit a report containing an es- against any loss or damages to the Federal and controlled by service-disabled veterans timate of the date on which the Secretary Government for the fair market value of the shall— will publish the determination under para- property or services provided to the Federal ‘‘(A) submit an annual certification indi- graph (1) to the Committee on Small Busi- Government.’’; cating that the business concern is a small ness and Entrepreneurship and the Com- (2) by striking subsection (e) and inserting business concern owned and controlled by mittee on Veterans’ Affairs of the Senate the following: service-disabled veterans by means of the and the Committee on Small Business and ‘‘(e) Any representation of the status of Online Representations and Certifications the Committee on Veterans’ Affairs of the any concern or person as a small business Application process required under section House of Representatives. concern, a HUBZone small business concern, 4.1201 of the Federal Acquisition Regulation, SEC. 5. SECTION 8(a) PROGRAM IMPROVEMENTS. a small business concern owned and con- or any successor thereto; and (a) REVIEW OF EFFECTIVENESS.—Section trolled by socially and economically dis- ‘‘(B) register with— 8(a) of the Small Business Act (15 U.S.C. advantaged individuals, a small business ‘‘(i) the Central Contractor Registration 637(a)) is amended by adding at the end the concern owned and controlled by women, or database maintained under subpart 4.11 of following:

VerDate Mar 15 2010 01:35 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S21SE1.REC S21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5848 CONGRESSIONAL RECORD — SENATE September 21, 2011 ‘‘(22) Not later than 3 years after the date are participating in the HUBZone program, issued by the Administrator during the 1- of enactment of this paragraph, and every 3 including through the appropriate use of year period preceding the date of the report, years thereafter, the Comptroller General of technology to control costs and maximize, including— the United States shall— among other benefits, uniformity, complete- (A) the number of debarments that were ‘‘(A) conduct an evaluation of the effec- ness, simplicity, and efficiency; based on a conviction; and tiveness of the program under this sub- (3) submit to the Committee on Small (B) the number of debarments that were section, including an examination of— Business and Entrepreneurship of the Senate fact-based and did not involve a conviction; ‘‘(i) the number and size of contracts ap- and the Committee on Small Business of the (2) the number of suspensions from partici- plied for, as compared to the number re- House of Representatives a report regarding pation in programs of the Administration ceived by, small business concerns after suc- any application to be designated as a issued by the Administrator during the 1- cessfully completing the program; HUBZone small business concern or for re- year period preceding the date of the report, ‘‘(ii) the percentage of small business con- certification for which the Administrator including— cerns that continue to operate during the 3- has not made a determination as of the date (A) the number of suspensions issued that year period beginning on the date on which that is 60 days after the date on which the were based upon indictments; and the small business concerns successfully application was submitted or initiated, (B) the number of suspensions issued that complete the program; which shall include a plan and timetable for were fact-based and did not involve an in- ‘‘(iii) whether the business of small busi- ensuring the timely processing of the appli- dictment; ness concerns increases during the 3-year pe- cations; and (3) the number of suspension and riod beginning on the date on which the (4) develop measures and implement plans debarments issued by the Administrator dur- small business concerns successfully com- to assess the effectiveness of the HUBZone ing the 1-year period preceding the date of plete the program; and program that— the report that were based upon referrals ‘‘(iv) the number of training sessions of- (A) require the identification of a baseline from offices of the Administration, other fered under the program; and point in time to allow the assessment of eco- than the Office of Inspector General; ‘‘(B) submit to the Committee on Small nomic development under the HUBZone pro- (4) the number of suspension and Business and Entrepreneurship of the Senate gram, including creating additional jobs; and debarments issued by the Administrator dur- and the Committee on Small Business of the (B) take into account— ing the 1-year period preceding the date of House of Representatives a report regarding (i) the economic characteristics of the the report based upon referrals from the Of- each evaluation under subparagraph (A).’’. HUBZone; and fice of Inspector General; and (b) OTHER IMPROVEMENTS.—In order to im- (ii) contracts being counted under multiple (5) the number of persons that the Admin- prove the 8(a) program, the Administrator socioeconomic subcategories. istrator declined to debar or suspend after a shall— (c) EMPLOYMENT PERCENTAGE.—Section 3(p) referral described in paragraph (8), and the (1) not later than 90 days after the date of of the Small Business Act (15 U.S.C. 632(p)) is reason for each such decision. enactment of this Act, begin to— amended— (A) evaluate the feasibility of— (1) in paragraph (5), by adding at the end f (i) using additional third-party data the following: sources; ‘‘(E) EMPLOYMENT PERCENTAGE DURING IN- ORDERS FOR THURSDAY, (ii) making unannounced visits of sites TERIM PERIOD.— SEPTEMBER 22, 2011 ‘‘(i) DEFINITION.—In this subparagraph, the that are selected randomly or using risk- Mr. REID. Mr. President, I ask unan- based criteria; term ‘interim period’ means the period be- (iii) using fraud detection tools, including ginning on the date on which the Adminis- imous consent that when the Senate data-mining techniques; and trator determines that a HUBZone small completes its business today, it ad- (iv) conducting financial and analytical business concern is qualified under subpara- journ until 9:30 a.m., on Thursday, Sep- training for the business opportunity spe- graph (A) and ending on the day before the tember 22; that following the prayer cialists of the Administration; date on which a contract under the HUBZone and pledge, the Journal of proceedings program for which the HUBZone small busi- (B) evaluate the feasibility and advis- be approved to date, the morning hour ability of amending regulations applicable ness concern submits a bid is awarded. ‘‘(ii) INTERIM PERIOD.—During the interim be deemed expired, and the time for the the 8(a) program to require that calculations two leaders be reserved for their use of the adjusted net worth or total assets of period, the Administrator may not deter- an individual include assets held by the mine that the HUBZone small business is not later in the day; that following any spouse of the individual; and qualified under subparagraph (A) based on a leader remarks, the Senate be in a pe- (C) develop a more consistent enforcement failure to meet the applicable employment riod of morning business for 1 hour, strategy that includes the suspension or de- percentage under subparagraph (A)(i)(I), un- with Senators permitted to speak barment of contractors that knowingly less the HUBZone small business concern— therein for up to 10 minutes each, with ‘‘(I) has not attempted to maintain the ap- make misrepresentations in order to qualify the time equally divided and controlled for the 8(a) program; and plicable employment percentage under sub- paragraph (A)(i)(I); or between the two leaders or their des- (2) not later than 1 year after the date on ignees, with the Republicans control- which the Comptroller General submits the ‘‘(II) does not meet the applicable employ- report under section 8(a)(22)(B) of the Small ment percentage— ling the first half and the majority Business Act, as added by subsection (c), ‘‘(aa) on the date on which the HUBZone controlling the final half. issue, in final form, proposed regulations of small business concern submits a bid for a The PRESIDING OFFICER. Without the Administration that— contract under the HUBZone program; or objection, it is so ordered. (A) determine the economic disadvantage ‘‘(bb) on the date on which the HUBZone of a participant in the 8(a) program based on small business concern is awarded a contract f the income and asset levels of the partici- under the HUBZone program.’’; and pant at the time of application and annual (2) by adding at the end the following: PROGRAM ‘‘(8) HUBZONE PROGRAM.—The term recertification for the 8(a) program; and Mr. REID. Following morning busi- (B) limit the ability of a small business ‘HUBZone program’ means the program es- tablished under section 31. ness, the Senate will resume consider- concern to participate in the 8(a) program if ation of H.R. 2832. At a time to be de- an immediate family member of an owner of ‘‘(9) HUBZONE MAP.—The term ‘HUBZone the small business concern is, or has been, a map’ means the map used by the Administra- termined tomorrow, there will be up to participant in the 8(a) program, in the same tion to identify HUBZones.’’. five votes on amendments to trade ad- (d) REDESIGNATED AREAS.—Section industry. justment assistance and passage of the 3(p)(4)(C)(i) of the Small Business Act (15 bill. In addition, we await action in the SEC. 6. HUBZONE IMPROVEMENTS. U.S.C. 632(p)(4)(C)(i)) is amended to read as (a) PURPOSE.—The purpose of this section follows: House on the continuing resolution. is to reform and improve the HUBZone pro- ‘‘(i) 3 years after the first date on which f gram of the Administration. the Administrator publishes a HUBZone map (b) IN GENERAL.—The Administrator that is based on the results from the 2010 de- ADJOURNMENT UNTIL 9:30 A.M. shall— cennial census; or’’. TOMORROW (1) ensure the HUBZone map is— SEC. 7. ANNUAL REPORT ON SUSPENSION, DE- (A) accurate and up-to-date; and BARMENT, AND PROSECUTION. Mr. REID. Mr. President, if there is (B) revised as new data is made available The Administrator shall submit an annual no further business to come before the to maintain the accuracy and currency of report to the Committee on Small Business Senate, I ask unanimous consent that the HUBZone map; and Entrepreneurship of the Senate and the (2) implement policies for ensuring that Committee on Small Business of the House it adjourn under the previous order. only HUBZone small business concerns de- of Representatives that contains— There being no objection, the Senate, termined to be qualified under section 3(p)(5) (1) the number of debarments from partici- at 7:13 p.m., adjourned until Thursday, of the Small Business Act (15 U.S.C. 632(p)(5)) pation in programs of the Administration September 22, 2011, at 9:30 a.m.

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100TH ANNIVERSARY OF THE ANI- such as honor, duty, country and charity. For mand of three of those vessels at sea, and he MAL REFUGE LEAGUE IN PORT- his Eagle Scout Project Andrew provided plant commanded the George Washington Carrier LAND, MAINE and tree identification markers for a local His- Strike Group and United States Second Fleet. toric Park. By applying these concepts to daily His shore assignments have been focused in HON. CHELLIE PINGREE life, Andrew has proven his true and complete the areas of resourcing and personnel which OF MAINE understanding of their meanings, and thereby included duty with the Bureau of Personnel, deserves this honor. the Navy staff, and the staff of the Secretary IN THE HOUSE OF REPRESENTATIVES I offer my congratulations on a job well done of Defense. He helped train, educate, and Wednesday, September 21, 2011 and best wishes for the future. mentor future generations of naval officers Ms. PINGREE of Maine. Mr. Speaker, in f during tours at the United States Naval Acad- 1911, the Animal Refuge League in Portland, emy. Throughout his career, he has dem- Maine was incorporated and in 1956, former CONGRATULATORY REMARKS FOR onstrated exemplary service in duty to the Maine Governor Percival Baxter helped fund OBTAINING THE RANK OF EAGLE mission and care for his sailors. and establish the League’s new location on SCOUT In August 2003, Admiral Mike Mullen was Stroudwater Street in Westbrook, Maine. Each selected to serve as the Navy’s 32nd Vice year, the Animal Refuge League of Greater HON. SANDY ADAMS Chief of Naval Operations. During the first half Portland (ARLGP) rescues and places more OF FLORIDA of 2005, he served as Commander of NATO’s than 4,000 dogs, cats, rabbits, birds, gerbils IN THE HOUSE OF REPRESENTATIVES Joint Force Command Naples and Com- and other animals all around Maine each year. mander, U.S. Naval Forces Europe, leading Wednesday, September 21, 2011 The dedicated staff and volunteers nurture the Alliance’s peacekeeping operations in the wounded, neglected and abandoned animals Mrs. ADAMS. Mr. Speaker, I would like to Balkans and its important training mission in so they can be placed in loving homes. The congratulate Zachary Peter Stephens for Iraq. organization has an impressive 92 percent achieving the rank of Eagle Scout. In July of 2005, Admiral Mike Mullen was placement rate for cats and dogs, which is Throughout the history of the Boy Scouts of sworn in as the 28th Chief of Naval Oper- among the highest in the country. America, the rank of Eagle Scout has only ations, serving as the top uniformed leader of This year, the Animal Refuge League marks been attained through dedication to concepts the Navy and representative to the Joint its one hundredth anniversary. In addition to such as honor, duty, country and charity. For Chiefs of Staff. During his tenure, he oversaw fulfilling its original mission to provide tem- his Eagle Scout Project Zachary completed a the service’s efforts to man, train, and equip porary care and permanent shelter for stray, restoration project of a garden area called the the United States Navy to fulfill its traditional abandoned and relinquished animals, the Harbor House. By applying these concepts to missions at sea. Admiral Mike Mullen also ARLGP is also developing innovative pro- daily life, Zachary has proven his true and conceived and championed the Navy’s con- grams to meet the needs of Maine commu- complete understanding of their meanings, tributions to the ground war efforts in Iraq and nities in new ways. and thereby deserves this honor. Afghanistan and other regions to combat vio- Through Paws in Stripes, the ARLGP main- I offer my congratulations on a job well done lent terrorism. Admiral Mike Mullen further led tains a working relationship with Maine Cor- and best wishes for the future. efforts to provide a framework and concrete rectional Center in Windham whereby the pris- f plan to stabilize the Navy’s shipbuilding pro- oners play a major role in the socialization of gram to support a three hundred-thirteen ship select puppies from the shelter. A new Seniors PAYING TRIBUTE TO THE CHAIR- fleet to maintain the United States’ maritime to Seniors program matches senior citizens MAN OF THE JOINT CHIEFS OF superiority in a dynamic and uncertain world. with senior cats, and the ongoing foster pro- STAFF, ADMIRAL MICHAEL G. On October 1st, 2007, the President of the gram works with families to provide temporary MULLEN’S 43 YEARS OF SERVICE United States and the United States Senate homes to animals who need time, rest, recu- TO OUR NATION appointed Admiral Mike Mullen as the 17th peration, medical care or socialization before Chairman of the Joint Chiefs of Staff. Since they are ready for adoption. Humane Edu- HON. C.W. BILL YOUNG assuming duties as Chairman, he has over- cation is a program that teaches children of all OF FLORIDA seen continuous joint military operations with ages respect for all living things. IN THE HOUSE OF REPRESENTATIVES our Nation’s allies to eradicate terrorist net- As someone who spent years working as an works throughout the world. Admiral Mike Wednesday, September 21, 2011 organic farmer, I have a deep appreciation for Mullen’s overall leadership supported the in- the many roles that animals play in all our Mr. YOUNG of Florida. Mr. Speaker, I rise credible turnaround in security and stability in lives. Today, I am happy to celebrate the to pay tribute to Admiral Michael G. Mullen, for Iraq and has bolstered the efforts of the North ALRGP’s one hundred years of successful his extraordinary dedication to duty and serv- Atlantic Treaty Organization (NATO) alliance work rescuing animals. Congratulations, and ice to the United States of America as the in Afghanistan. Additionally during his tenure, thank you for the work that you do. 17th Chairman of the Joint Chiefs of Staff. Ad- Admiral Mike Mullen oversaw military humani- f miral ‘‘Mike’’ Mullen will retire as the highest- tarian assistance operations in relief of major ranking officer in the United States Armed international disasters to include the 2010 CONGRATULATORY REMARKS FOR Forces and the President’s principle military Haiti Earthquake and 2011 Japan Earthquake OBTAINING THE RANK OF EAGLE advisor. His service spans more than four dec- and Tsunami. SCOUT ades of active military duty to the United Although Admiral Mike Mullen’s dedication States Navy and the Department of Defense. to service has been honored by a wide array HON. SANDY ADAMS Born in Los Angeles, California, Admiral of leadership awards and decorations over the OF FLORIDA Mike Mullen was commissioned into the Navy years, this consummate military professional’s IN THE HOUSE OF REPRESENTATIVES after graduating with the Class of 1986, from commitment to his Nation is driven by much the United States Naval Academy. His rise in more profound reasons. My wife Beverly and Wednesday, September 21, 2011 the Navy began at sea, when Ensign Mullen I have seen personally that he is a man who Mrs. ADAMS. Mr. Speaker, I would like to reported aboard the destroyer, USS Collett, as cares deeply for our men and women in uni- congratulate Andrew Bosch for achieving the an Anti-Submarine Officer. While aboard the form, their families, and the families of the fall- rank of Eagle Scout. ship, he deployed to the Western Pacific and en and missing. Admiral Mike Mullen, along Throughout the history of the Boy Scouts of participated in combat operations off the coast with his wife Deborah, have passionately rep- America, the rank of Eagle Scout has only of Vietnam. Afterwards, he subsequently resented our men and women in uniform, par- been attained through dedication to concepts served on six other warships, including com- ticularly those who have returned from this

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

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K21SE8.002 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1670 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 2011 decade’s wars as they and their families heal most courageous children. Political pris- Clearly, the U.S. bears special responsi- from wounds both seen and unseen. His at- oners in Iran, like Ali Saremi, were hanged bility for ensuring the protection of these tention to our most critically wounded has by Khamenei’s henchmen. And, the 36 heroes residents on the basis of its agreements with of freedom in Ashraf, who were martyred on every single one of the residents in Camp been a testament to his willingness to ensure the orders of the velayat-e faqih regime, Ashraf. We urge the U.S. to listen to Con- our wounded Service Members and their fami- were all part of this bloody price. The terror gress and the resolution passed by the House lies receive the best care and support the Na- listing in the U.S. is openly used as a jus- Foreign Affairs Committee, and abandon the tion has to offer. I have no doubt his commit- tification to legitimize such bloodletting, idea of displacing Ashraf residents within ment to these Americans, who have given so both by the cruel mullahs in Tehran as well Iraq. We call on the U.S. to support the Eu- much, will indeed endure far beyond his days as their proxy government in Iraq. There- ropean solution instead of this dangerous in uniform. fore, the Iranian people are asking the idea which will have no results other than a United States, ‘‘Why are you not annulling The United States Navy, the Department of humanitarian catastrophe. Similarly, we the license to kill our children?’’ Defense and the Nation will dearly miss one of want the United Nations to rise up to its ir- The decision of the appeals court in Wash- revocable obligations in ensuring the protec- its most respected and valued leaders as Ad- ington stated that the State Department tion of Ashraf . . . miral Mike Mullen leaves active duty and this violated due process rights during the listing Congressman and my wife Beverly will deeply process. And, 20 judgments by European f miss his counsel on many important issues courts against the terrorism charge leave ab- PAYING TRIBUTE TO THE HOLI- solutely no doubt that this label is com- and most important his personal friendship. DAY ISLES ELKS LODGE 1912 IN We will miss his humility, his selflessness, his pletely discredited. Thousands of parliamen- tarians and human rights advocates in the MADEIRA BEACH, FLORIDA candor and his integrity. When history looks Arab world and in Europe, joined by a large back at this leader and his legacy it will be number of members of the U.S. House of Rep- clear that his leadership produced the best resentatives and Senate, forming a great HON. C.W. BILL YOUNG military the world has ever known. global voice in defense of the freedom-loving OF FLORIDA Mr. Speaker, it has been a pleasure to work Iranian Resistance. This constitutes an ex- IN THE HOUSE OF REPRESENTATIVES ceptional consensus in the face of 14 years of closely with Admiral Mike Mullen over the last Wednesday, September 21, 2011 several years of his long and decorated ca- injustices committed against the PMOI and the Iranian Resistance. Dozens of the most Mr. YOUNG of Florida. Mr. Speaker, I would reer. On behalf of a grateful Nation, I join my honorable former senior officials serving in colleagues today in recognizing and com- like to take this opportunity to recognize an the country’s administrations over the last outstanding group of individuals that I have mending Admiral Mike Mullen for a lifetime of two decades have taken a clear stance in the service to his country. For all he and his family course of their multiple international con- the privilege to represent in Madeira Beach, have given and continue to give to our coun- ferences in Washington, Brussels, Paris, Ber- Florida, which has dedicated years of gen- try; we are in their debt. We wish him, his wife lin, London and Rome, leaving absolutely no erous care and hospitality for our Nation’s vet- Deborah, and his two sons, John and Michael, credibility for this listing. Hail to their erans. Over the years, in cooperation with the sense of justice and clear-sightedness all the best in his retirement. Bay Pines Veterans Hospital, the Holiday Isles through which the great historical symbols Elks Lodge 1912 has proved that their com- f of America like Jefferson and Lincoln are mitment to our troops is unwavering. resurrected. JUSTICE FOR IRANIAN PEOPLE We have seen how the mullahs’ regime and Every day, members of Lodge 1912 can be the insignificant factions directed by Tehran found at the local Bay Pines Veterans Hospital HON. BOB FILNER utilize cruelty and insolence to attack and demonstrating their commitment to those who avenge these dignified personalities. But, have already sacrificed so much. For example, OF CALIFORNIA these officials have shown extraordinary member Betty Ryan takes the initiative on a IN THE HOUSE OF REPRESENTATIVES courage by placing their credibility and po- regular basis to find out what exactly it is our Wednesday, September 21, 2011 litical reputation in support of this Resist- hospitalized veterans need. And within the ance. We recognize the United States in the Mr. FILNER. Mr. Speaker, thousands of Ira- image of these noble human beings and not lodge, Betty has set up a box for donations nian-Americans from 41 states across America those who have succumbed to religious fas- which she routinely presents to veterans at attended a rally outside the Department of cism. They represent an America that recog- Bay Pines. State on August 26, 2011, calling on the Sec- nizes democracy and human rights in Iran as The Elks community also offers and sup- the precondition for global peace and secu- ports many individual programs designed to retary to remove the principal Iranian opposi- rity and guarantor of the American people’s tion movement, the Mujahedin-e Khalq (MEK) help and enhance the lives of our veterans. genuine interests. This is the United States One of these supported programs is the from the list of Foreign Terrorist Organizations that is standing by the Iranian people. For (FTO). the past 170 days, your courageous and resil- Wounded Warrior Project which, in 2009, the Mrs. Maryam Rajavi, President-elect of the ient friends have staged a sit-in across from Elks National Veterans Service Commission National Council of Resistance of Iran, which the State Department. They echo the Ira- made available $50,000 to launch the Elks/ acts as Iran’s Parliament-in-exile, addressed nian nation’s call for the upholding of justice Wounded Warrior Project. Just as the Wound- for the protection of Ashraf and removal of the rally via satellite from Paris. Excerpts of ed Warrior Project assists injured veterans of the PMOI from the terror list night and day, her remarks follow: the conflicts in Iraq and Afghanistan, the Elks both under the summer heat and the winter offers a program known as the Army of Hope Honorable and brave Iranians, I salute chill. your protest and gathering, which symbol- Letters from more than 800 religious lead- which assists the families of those who have izes an uprising for the freedom of the Ira- ers and 2,000 priests across the U.S. in sup- been called to duty during these very difficult nian people and in defense of the persecuted port of this Resistance. Thirteen hearing ses- times of conflict. and besieged Ashraf; an uprising against a sions in the U.S. House and Senate to pursue These constituents of mine provide an out- discredited label against the Iranian Resist- the issue of protecting Ashraf and annulling standing service to our veterans; however, this ance. Today, your calls echo the calls for jus- the discredited terror label against the PMOI commitment does not end with Lodge 1912. tice emanating from an enchained nation, Passing of multiple resolutions in Congress, There are 2000 lodges nationwide and you will which rejects the velayat-e faqih (absolute and especially the amendment passed by the find their members hard at work in each of the clerical rule) dictatorship. Ashraf is proud to House Foreign Affairs Committee last month have such admirable representatives and de- about the imperative to prevent the dis- 172 VA Medical centers around the country fenders like you; And the Iranian people are placement of Ashraf residents inside Iraq living up to their pledge: ‘‘So long as there are proud to have stored in your being the most And thousands of political, parliamentary, veterans, the Benevolent and Protective Order prized possession required for the attainment media and social initiatives, all of which of Elks will never forget them.’’ of freedom and democracy. have inspired the admiration of everyone. Mr. Speaker, Holiday Isles Elks Lodge 1912 Dear Compatriots, It has been more a year The evil forces that have laid a siege on your not only shines in their display of compassion since the ruling of the U.S. Court of Appeals sisters and brothers in Camp Ashraf seek to and patriotism, but also reminds us of the in Washington, which ordered the State De- destroy and annihilate Ashraf and its free- partment to review the terrorist listing of dom-seeking residents. But, you have spread characteristics of great people that make up a the People’s Mojahedin Organization of Iran the flames of Ashraf in your society and great nation. Thank you to all the members for (PMOI/MEK). The Iranian people and the Ira- hoisted its flag. Hold onto this flag more their excellent service in the past and for your nian Resistance have paid the price for this powerfully, because this is the banner of continued assistance to the community and unjustified delay with the blood of their freedom and democracy in Iran. our veterans in the future.

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K21SE8.005 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 21, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1671 HONORING THE SELFRELIANCE the community. While in San Pedro, Julio lived in the area for more than a thousand UKRAINIAN AMERICAN FEDERAL worked on the docks at the Ports of Los Ange- years before the first European-Americans ar- CREDIT UNION ON ITS 60TH AN- les and Long Beach as member of ILWU rived in 1851. In 1855, the Duwamish Tribe, NIVERSARY Local 13. represented by Chief Si’ahl (Seattle), signed Julio Alvarado was an immensely caring the Treaty of Point Elliott, which guaranteed HON. DANIEL LIPINSKI person with a large, generous heart and was fishing rights and federal recognition to all OF ILLINOIS always ready to help anyone in need. He will Tribes represented by the Native signers. IN THE HOUSE OF REPRESENTATIVES be missed dearly by all who knew him. His However, despite ratification by the U.S. Con- children and grandchildren will especially miss gress in 1859, the promises made by the Wednesday, September 21, 2011 his baking and his homemade bread. United States in the treaty were never fulfilled. Mr. LIPINSKI. Mr. Speaker, I rise today to I have had the pleasure of knowing Julio’s Since then, it has been a struggle spanning recognize the Selfreliance Ukrainian American daughter, Daisy Ybarra, for almost 20 years. more than 150 years for the Duwamish people Federal Credit Union (SUAFCU) which will cel- For nearly two years while I served on the Los to attain the recognition that was promised to ebrate 60 years of service on September 21, Angeles City Council, Daisy was my Commu- them in the Treaty of Point Elliott. Most re- 2011. This organization has helped countless nity Advocate in Watts, but Daisy had been cently, in the waning hours of the Clinton Ad- Ukrainian families and businesses in my dis- following in her father’s footsteps and serving ministration, the Tribe was granted federal rec- trict and across Illinois live the American her community long before then by teaching ognition by the Department of Interior’s Bu- dream. kids to say no to gangs through GAP, the reau of Indian Affairs. However, the Bush Ad- SUAFCU was founded in 1951 as a finan- Gang Alternatives Program. Lives were saved ministration reversed this decision, questioning cial cooperative whose mission was to benefit because of the work that she did and I know the administrative procedures utilized by the local members of the Ukrainian American that her father was very proud of her. Clinton Administration. community. Open to anyone of Ukrainian de- Julio Alvarado was preceded in death by his Mr. Speaker, for far too long the Duwamish scent or members of other Ukrainian organiza- loving wife Ana. people have waited for federal recognition, I extend my deepest condolences to his tions, SUAFCU stays very focused on its origi- which will provide those enrolled in the Tribe sons, Julio, Jr., and Robert; daughters Angela, nal mission. The democratic tenets to which access to federal finances for tribal govern- Daisy, Miriam, and Maria Luisa; his brother the Union strictly adheres make it a unique in- ment, as well as cultural, education, health and sister Victor Gotay and Carmen Martinez, stitution that provides an example of what care, and housing programs. Now is the time both of Puerto Rico; and to his three grand- hard working communities can achieve. to recognize the Duwamish people. I encour- children, three great-granddaughters as well During its first 15 years, SUAFCU was in- age my colleagues to support this legislation. credibly active, providing its members with as several nieces and nephews. Though Julio is no longer with us, his legacy lives on in the over $4,156,000 in loans. Thanks to the re- f sponsible lending practices of this community, lives of the loved ones he has left behind and many Ukrainian doctors, dentists, and veteri- in the community he made his home. HONORING NATIONAL TRUCK narians were able to found successful prac- f DRIVER APPRECIATION WEEK tices. Dozens of other businesses opened CONGRATULATING OUR FRIEND thanks to SUAFCU, but just as important, AND ALLY, TAIWAN 1200 families were able to purchase homes in HON. JOHN L. MICA the Chicago area. This community came to- OF FLORIDA gether to exemplify the American dream HON. JOE BARTON IN THE HOUSE OF REPRESENTATIVES through smart practices and a closely-knit OF TEXAS Wednesday, September 21, 2011 community. IN THE HOUSE OF REPRESENTATIVES Around these businesses, the ‘‘Ukrainian Wednesday, September 21, 2011 Mr. MICA. Mr. Speaker, I rise today in rec- Village’’ prospered into a network of inter- Mr. BARTON of Texas. Mr. Speaker, on Oc- ognition of National Truck Driver Appreciation connected community organizations including tober 10, 2011 we celebrate the 100th anni- Week. I want to commend America’s 3.2 mil- cultural and social clubs, and churches. versary of the emergence of the Chinese peo- lion professional truck drivers who serve our SUAFCU works closely with churches and oth- ple from the dynastic rule that has permeated nation by expediting commerce and goods es- ers to ensure the assimilation process is less their history. sential to our homes and businesses. difficult for Ukrainian immigrants—a population Rising against the Qing rulers, Chinese One out of every fifteen people across the that brings diversity and new ideas to the Doctor Sun Yat-sen rose to free his people country are employed in the trucking industry, area. SUAFCU continues to prosper and help from totalitarian rule which in turn provided making it one of the nation’s largest employ- families and businesses under current Presi- them the opportunity to produce the model ers. The trucking industry is responsible for dent and CEO Bohdan Watral and Chairman Democracy that is Taiwan. nearly 68 percent of the total U.S. freight ton- of the Board of Directors Michael Kos, two Taiwan today is one of the leading democ- nage and over 80 percent of communities rely strong advocates for Ukrainian Americans. racies of the world, an economic power and a solely on it for their goods and commodities. Please join me in honoring the Selfreliance leading force for peace in the Pacific. This industry is fundamental to our economy. Ukrainian American Federal Credit Union, a Taiwan’s present leader, Ma Ying-jeou is to America’s truck drivers are dedicated to group that has brought immeasurable benefit be congratulated for his efforts and success in keeping our highways safe. They follow strin- to Illinois by helping Ukrainians thrive and con- providing a climate for Peace and continuing gent safety regulations, attend frequent train- tribute to the community. I know SUAFCU will the best traditions of the Chinese people. ing programs and educate the motoring public continue to help individuals realize their Congratuations to the people of Taiwan on to help keep our highways and interstates dreams and I wish them prosperity over their the occasion of their 100th anniversary. safe. next 60 years. f While regulation of transportation commerce f INTRODUCTION OF THE DUWAMISH and safety is necessary, we need to be careful HONORING JULIO ALVARADO TRIBAL RECOGNITION ACT we do not over-regulate and harm such a vital industry. We need to allow these dedicated and hard working professionals to perform HON. JANICE HAHN HON. JIM McDERMOTT their jobs with the support of our government OF CALIFORNIA OF WASHINGTON and without unnecessary government inter- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ference. Wednesday, September 21, 2011 Wednesday, September 21, 2011 This week I join my colleagues in extending Ms. HAHN. Mr. Speaker, I rise today to Mr. MCDERMOTT. Mr. Speaker, I rise today a warm thank you to them and to their families honor the memory of Julio Alvarado, who to introduce the Duwamish Tribal Recognition for the sacrifices they make each and every passed away on September 13, 2011, just Act, legislation to grant federal recognition to day for this country. four days short of his 85th birthday. the Duwamish Tribe of the Seattle, Wash- Today, I honor these wonderful Americans Born in Puerto Rico in 1926, Julio Alvarado ington area. for their dedication and service rendered to arrived in San Pedro in 1949 where he made The Duwamish people were the first indige- our nation’s economy and for delivering every- his home and became a beloved member of nous people of the Greater Seattle area and day life’s essentials safely and securely.

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K21SE8.001 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1672 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 2011 PATRIOT GUARD RIDERS—STAND- with hearts bigger than Texas. They show TERRORISM AND INTERNATIONAL BUSINESS— ING FOR THOSE WHO STOOD FOR their respect for our troops, their families, and LOOKING BACK AND STRIVING FORWARD US our community in an honorable way, one fu- (By Michael R. Czinkota, Gary Knight, and neral at a time. They make a difference and Gabriele Suder) represent all that is right and good in America. The airplanes of 9/11 forced countless mul- HON. TED POE tinational corporations (MNCs) to update OF TEXAS And that’s just the way it is. their strategic planning. Our work with ex- IN THE HOUSE OF REPRESENTATIVES ecutives at more than 150 MNCs shows that Wednesday, September 21, 2011 f ten years later, companies are still grappling with how best to manage the terrorist Mr. POE of Texas. Mr. Speaker, to be a REMEMBERING COLONEL DAVID A. threat. member of the United States military is a gift, MCCRACKEN OF NEW CASTLE, In the two decades before 2001, the rate at a sacrifice and it is an honor. Theodore Roo- PENNSYLVANIA which firms launched international ventures sevelt said: ‘‘No man is worth his salt who is was growing rapidly. After 9/11, foreign di- not ready at all times to risk his well-being, to rect investment fell dramatically as firms HON. JASON ALTMIRE withdrew to their home markets. The popu- risk his body, to risk his life, in a great cause.’’ OF PENNSYLVANIA larity of international-sounding company Every day our warriors risk their lives, and and brand names decreased appreciably as IN THE HOUSE OF REPRESENTATIVES today I would like to pay tribute to a special managers now emphasize domestic and local group of at home warriors who stand for those Wednesday, September 21, 2011 affiliations. fallen heroes who stood for us. They are The tendency to reverse course on Mr. ALTMIRE. Mr. Speaker, I rise to cele- globalization has been accompanied by de- known as the Patriot Guard Riders. brate the achievements of Colonel David A. The Patriot Guard Riders are a group of clining international education in the United McCracken, a graduate of the Army ROTC States, as revealed by falling enrollments in motorcyclists who pay tribute to those who program at Indiana University of Pennsylvania foreign language and international business have died serving our country. Their mission is and a native of New Castle, Pennsylvania, courses. In the past decade, managers shifted to attend the funeral services of fallen soldiers; who passed away on September 2, 2011 after much of their focus from proactive explo- ration of international opportunities to a de- upholding President Roosevelt’s belief that a battle with brain cancer. brave soldiers who gave the utmost sacrifice fensive posture emphasizing threats and vul- I, along with all Americans, am extremely for their country deserve respect and rev- nerable foreign operations. grateful for his brave and honorable service in In Europe, the radicalization of individuals erence during their final tribute. the United States Army during such an impor- and groups, motivated by ideology, religion Each of the riders missions have two objec- tant period in our Nation’s history. or economic concerns, threatens local co- tives, to show sincere respect for America’s Colonel McCracken’s awards and decora- operation and social harmony. European fallen heroes, their families, and their commu- business schools have benefited from tighter nities; and to shield the mourning family and tions include the Defense Meritorious Service restrictions on international student enroll- their friends from interruptions caused by pro- Medal, Meritorious Service Medal, the Army ments in the U.S., but the focus of teaching testers. They have the patriotic understanding Commendation Medal with one oak leaf clus- has shifted from global to regional trade. Another outcome of the terrorism threat that each of America’s fallen heroes deserves ter, the Army Achievement Medal, the Army Reserve Components Achievement Medal with has been a rise of public-private partner- respect. ships, in which governments and firms col- Decked out in leather, wearing shades and one silver and one bronze oak leaf cluster, the National Defense Service Medal with bronze laborate to counter them. For example, glob- bandanas, waving Old Glory and riding 500 al police agencies now partner regularly with plus pounds of steel, the Patriot Guard Riders star, Armed Forces Expeditionary Medal (Bos- private firms to combat cyber crime and at- are a terrifying but inspiring looking bunch. nia), Iraq Campaign Medal, Global War on tacks on critical computer infrastructure. They have nicknames like Bronco, Dark Terrorism Medal, Armed Forces Reserve Governments and activist groups now use so- Horse, Puddles and Wild Bill. They are right Medal with an ‘‘M’’ device, Army Service Rib- cial media to organize campaigns fighting thinking Americans with big hearts. bon, Overseas Service Ribbon, Army Reserve against threats ranging from dictators to disease. But nations also have begun to cur- The Guard is activated each time the mili- Components Overseas Training Ribbon, NATO Medal and Army Engineer Associations tail social media when they are contrary to tary reports the death of a soldier in Iraq or Af- government interests. ghanistan. This nationwide organization of vol- and the Bronze DeFleury Medal. The cost of protecting against terrorism is unteers is very efficient. State Captains send His career was celebrated and his bravery many billions, while terrorist spend millions out e-mails to members in the city where the unflagging, even as he received treatment for or less on their actions. There are abundant soldier will be buried, and everyone jumps into cancer. His service is an example of courage, opportunities for small groups to employ action. They ensure that streets along the fu- dedication, and the values that make western nonweapon technologies, such as aircraft, to cause massive harm. Though our capacity to neral procession are lined with American flags. Pennsylvania and our country great. Our prayers, gratitude, and condolences go protect key facilities has improved over Each mission is accomplished through legal time, the security focus on high-value assets and non-violent means. If protestors are to his family in New Castle: his parents Theo encourages terrorists to redirect their vio- present and become loud, the Patriot Guard and Laura McCracken, as well as his wife of lence at ‘‘soft targets’’ such as transpor- Riders form a flag line, turn their backs on 15 years, Tammy, sons, PFC Tyler Hindley tation systems and business facilities. Great- protesters, and will even drown the sound of and Connor, and daughter Maitlin. er security at home means attacks will in- the protestors by singing and reciting the creasingly take aim on firms’ foreign oper- f ations. Pledge of Allegiance. Companies have placed more emphasis on One involved Patriot biker, Rich ‘‘Boomer’’ 9/11 IMPACTS ON INTERNATIONAL terrorism risk considerations when choosing Ford, a former Navy SEAL who served in Viet- BUSINESS TRENDS how to enter foreign markets. In the last nam, is a retired Deputy State Captain and century, foreign direct investment (FDI) was Road Guard Captain for the Texas Patriot the preferred approach. But terrorism has Guard Riders. He is the man in charge of the HON. DONALD A. MANZULLO shifted the balance. Now many more firms ‘‘missions.’’ If you ask Boomer why he rides, OF ILLINOIS favor entry through exporting, which per- mits broad and rapid coverage of world mar- he will tell you that he remembers the lack of IN THE HOUSE OF REPRESENTATIVES respect received when returning home from kets, reduces dependence on highly visible Wednesday, September 21, 2011 physical facilities, and offers much flexi- Vietnam. He wants to make sure that doesn’t bility for making rapid adjustments. In happen to these brave men and women. Mr. MANZULLO. Mr. Speaker, I am honored terms of economies of scale and transaction Boomer feels that each ‘‘mission’’ recognizes to present to my colleagues a succinct aca- costs, FDI is generally superior, but the and honors the hard work our soldiers are demic analysis written by Dr. Michael Czinkota risks of exporting are judged to be lower. doing for us overseas. These men and women of the McDonough School of Business at Markets tend to punish failure more harshly like Boomer, who volunteer their time to help Georgetown University, and his fellow profes- than they reward success, which makes risk- guard our Nation’s heroes should be forever sors, Gary Knight and Gabriele Suder, regard- minimizing strategies more effective. Skillful management of global logistics remembered for their honor and dignity. ing their analysis of the impact of 9/11 on the and supply chains cuts the risk and cost of I commend the Patriot Guard Riders for international business climate and the trends downtime. Firms seek closer relations with riding for our soldiers whose lives were given in globalizations. In light of the 10th anniver- suppliers and clients in order to develop in pursuit of a great cause, American freedom. sary of the terrorist attacks on the United more trust and commitment. Some have in- I am proud to recognize these angels on bikes States, I commend to you their observations. creased ‘‘on-shoring’’ by bringing suppliers

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A21SE8.005 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 21, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1673 back into the country when their remoteness brating the vast contributions of Hispanic munity. Through his exemplary service in Af- constitutes risk. Americans to the culture of the United States. ghanistan, Cpl. Michael Joseph Dutcher has Terrorism causes an organizational crisis Today, Hispanics make up 16.3% of the brought pride to Western North Carolina. It is whose ultimate effects may be unknown, and poses a significant threat to the performance total United States’ population—that’s nearly truly my honor to commemorate him and I of the firm. Corporate preparedness for the 50.5 million people. urge my colleagues to join me today in hon- unexpected is a vital task. Innovative man- Their buying power was $1 trillion in 2010, oring the life of Cpl. Michael Joseph Dutcher agers develop back-up resources, and plan for and is expected to reach $1.5 trillion by 2015. for the sacrifices he made for our country. dislocations and sudden shocks with a flexi- Hispanic-owned business grew between f ble corporate response. 2002 and 2007 by 44%—and these busi- Terrorism is a public threat, and some nesses generated $345.2 billion in sales in OUR UNCONSCIONABLE NATIONAL managers believe government should bear 2007 alone. DEBT the cost of protecting against it. Others argue that a public-private partnership is Hispanics are involved with every aspect of the most effective approach, with firms tak- our culture—from science, to sports, business, HON. MIKE COFFMAN ing the lead. There is also the issue whether government, and the arts. OF COLORADO corporate headquarters or the locally ex- They will continue to contribute to our nation IN THE HOUSE OF REPRESENTATIVES posed subsidiary should fund prevention and economically, culturally, and politically. Wednesday, September 21, 2011 preparation expenditures. Regardless of who This is why it’s vital to make the correct Mr. COFFMAN of Colorado. Mr. Speaker, pays, everyone can agree on the need to choices when it comes to immigration. today our national debt is guard against terrorism. Here in Washington, we need a bipartisan Every world region is vulnerable, and most $14,711,870,126,618.47. attacks are directed at businesses and busi- effort to make comprehensive immigration re- On January 6, 2009, the start of the 111th ness-related infrastructure. Terrorism re- form a reality. Congress, the national debt was quires decision-making and behaviors that As Members of Congress, we must work for $10,638,425,746,293.80. support vigilance and development of appro- a stronger United States—a nation that recog- This means the national debt has increased priate strategies. Managers who fail to pre- nizes diversity and embraces it. by $4,073,444,380,324.67 since then. This pare run the risk of weaker performance or f even loss of the firm. While we can no longer debt and its interest payments we are passing choose the lowest cost option, ten years HONORING CORPORAL MICHAEL to our children and all future Americans. after 9/11 companies are more aware, less ex- JOSEPH DUTCHER FOR HIS f posed, and less vulnerable to the risk of ter- SERVICE TO THE UNITED CORRESPONDENCE WITH PRESI- rorism. But in the next ten years comes the STATES OF AMERICA really big task: What can and should we do DENT OBAMA ON THE AFGHANI- collectively and individually to reduce the STAN/PAKISTAN STUDY GROUP causes of terrorism. HON. HEATH SHULER f OF NORTH CAROLINA HON. FRANK R. WOLF IN THE HOUSE OF REPRESENTATIVES CONSTITUTION DAY OF VIRGINIA Wednesday, September 21, 2011 IN THE HOUSE OF REPRESENTATIVES HON. DEBBIE WASSERMAN SCHULTZ Mr. SHULER. Mr. Speaker, I rise today to Wednesday, September 21, 2011 OF FLORIDA honor Corporal Michael Joseph Dutcher of Mr. WOLF. Mr. Speaker, I have been writing IN THE HOUSE OF REPRESENTATIVES Asheville, North Carolina for his valiant service President Obama and administration officials Wednesday, September 21, 2011 in the United States Marine Corps. The sac- since August 2010 outlining my concerns rifices Corporal Michael Joseph Dutcher made about the progress of the war in Afghanistan Ms. WASSERMAN SCHULTZ. Mr. Speaker, will not be forgotten as he put his country and asking that an Afghanistan/Pakistan Study I rise today in commemoration of Constitution above his own needs, serving to fight for free- Group be established to engage outside ex- Day, as this past weekend we celebrated 224 dom. perts to bring fresh eyes to U.S. strategy in years since this nation’s founders first signed Born on November 21, 1988, Cpl. Dutcher South Asia. the hallowed document that governs our na- grew up in Asheville, North Carolina. At Ashe- It’s now over a year later and the adminis- tion to this day. ville High School, Cpl. Dutcher was involved in tration continues to balk at any suggestion for The beauty of our Constitution is that it is a band, wrestling, and ROTC. Immediately after such a panel to be formed. Yet we continue to living document. When the Constitution was graduation, Cpl. Dutcher enrolled in the Ma- read headlines every week reporting about written, women were not permitted to own rine Corps on June 18, 2007. Cpl. Dutcher casualties among our brave troops and property, vote, or attend many institutions of served in Bravo Company. He served 1st Bat- stepped up attacks by the Taliban, including higher learning. Today, women are earning talion, 5th Marine Regiment, 1st Marine Divi- assassinations of Afghan leaders. doctorate degrees at higher rates than men, sion, I Marine Expeditionary Force, including a I firmly believe that success in South Asia serving as CEOs of Fortune 500 Companies, tour of duty in Afghanistan. His personal serv- requires a complete reexamination of U.S. pol- and even as Cabinet Secretaries. ice awards include the Purple Heart, Combat icy with both Afghanistan and Pakistan. Estab- But even with this solemn document to Action Ribbon, Afghanistan Campaign Medal, lishing the Af/Pak Stud Group will demonstrate guide and govern our nation, women today Global War on Terrorism Expeditionary Medal, that U.S. political leaders and government offi- still earn less than their male counterparts, Sea Service Deployment with three Bronze cials are willing to take whatever steps nec- and minority women even less. Women are Stars, Marine Corps Good Conduct Medal, essary to ensure we have the best strategy for more likely to be living in poverty and without Global War on Terrorism Service Medal, Na- long-term success in South Asia. healthcare. Women still only make up 17 per- tional Defense Service Medal and NATO I will begin today to insert in the RECORD my cent of the current Congress. Medal ISAF–Afghanistan. correspondence with the administration on this As we continue to build on women’s rights Cpl. Dutcher was a Non-Commissioned Offi- matter. My letter of August 4, 2010, to the in this country, we are standing on a firm foun- cer of Marines, regarded by his unit as a self- president follows: dation in the Fourteenth Amendment. As we less leader who always put the well-being of CONGRESS OF THE UNITED STATES, celebrate Constitution Day, women especially his fellow Marines above his own. In Afghani- HOUSE OF REPRESENTATIVES, must remember how far we’ve come—and Washington, DC, August 4, 2010. stan, his unit served at the tip of the spear in how far we still have to go. Hon. BARACK H. OBAMA, the Sangin District of Helmand Province, the The President, f site of some of the fiercest fighting in all of Af- The White House, Washington, DC. HISPANIC HERITAGE MONTH ghanistan. On September 15, 2011, he gave DEAR MR. PRESIDENT: On September 14, his life while leading his Marines from the front 2001, following the catastrophic and delib- HON. JOE BACA against enemy forces. erate terrorist attack on our country, I Mr. Speaker, Cpl. Dutcher embodied the voted to go to war in Afghanistan. I stand by OF CALIFORNIA that decision and have the utmost con- most essential qualities of a United States Ma- IN THE HOUSE OF REPRESENTATIVES fidence in General Petraeus’s proven leader- rine. He was selfless, dedicated, and brave. Wednesday, September 21, 2011 ship. I also remain unequivocally committed He is remembered as a man who had a tre- to the success of our mission there and to Mr. BACA. Mr. Speaker, I rise today in rec- mendous impact not only on his fellow Ma- the more than 100,000 American troops sacri- ognition of Hispanic Heritage Month and cele- rines, but also on his family, friends, and com- ficing toward that end. In fact, it is this

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A21SE8.007 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1674 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 2011 commitment which has led me to write to ago, speaking before the Veterans of Foreign an executive order and the power of the bully you. While I have been a consistent sup- Wars National Convention, you rightly said, pulpit to convene this group in short order, porter of the war effort in both Afgahnistan ‘‘Those who attacked America on 9/11 are and explain to the American people why it is and Iraq, I believe that with this support plotting to do so again. If left unchecked, the both necessary and timely. Should you comes a responsibility. This was true during Taliban insurgency will mean an even larger choose not to take this path, respectfully, I a Republican administration in the midst of safe haven from which al Qaeda would plot intend to offer an amendment by whatever the wars, and it remains true today. to kill more Americans. So this is not only vehicle necessary to mandate the group’s In 2005, I returned from my third trip to a war worth fighting . . . this is fundamental creation at the earliest possible opportunity. Iraq where I saw firsthand the deteriorating to the defense of our people.’’ Indeed it is The ISO’s report opened with a letter from security situation. I was deeply concerned fundamental. We must soberly consider the the co-chairs that read, ‘‘There is no magic that Congress was failing to exercise the nec- implication of failure in Afghanistan. Those formula to solve the problems of Iraq. How- essary oversight of the war effort. Against that we know for certain are chilling—name- ever, there are actions that can be taken to this backdrop I authored the legislation that ly an emboldened al Qaeda, a reconstituted improve the situation and protect American created the Iraq Study Group (ISG). The ISG Taliban with an open staging ground for fu- interests.’’ The same can be said of Afghani- was a 10-member bipartisan group of well-re- ture worldwide attacks, and a destabilized, stan. spected, nationally known figures who were nuclear-armed Pakistan. I understand that you are a great admirer brought together with the help of four rep- Given these realities and wavering public of Abraham Lincoln. He too, governed during utable organizations—the U.S. Institute for and political support, I urge you to act im- a time of war, albeit a war that pitted broth- Peace, the Center for the Study of the Presi- mediately, through executive order, to con- er against brother, and father against son. In dency, the Center for Strategic and Inter- vene an Afghanistan-Pakistan Study Group the midst of that epic struggle, he relied on national Studies, and the Baker Institute for modeled after the Iraq Study Group. The a cabinet with strong, oftentimes opposing Public Policy at Rice University—and participation of nationally known and re- viewpoints. Historians assert this served to charged with undertaking a comprehensive spected individuals is of paramount impor- develop his thinking on complex matters. review of U.S. efforts there. This panel was tance. Among the names that surfaced in my Similarly, while total agreement may not intended to serve as ‘‘fresh eyes on the tar- discussions with others, all of whom more emerge from a study group for Afghanistan get’’—the target being success in Iraq. than meet the criteria described above, are and Pakistan, I believe that vigorous, While reticent at first, to their credit ISO co-chairs Baker and Hamilton; former thoughtful and principled debate and discus- President Bush, State Secretary Rice and Senators Chuck Robb, Bob Kerrey and Sam sion among some of our nation’s greatest Defense Secretary Rumsfeld came to support Nunn; former Congressman Duncan Hunter; minds on these matters will only serve the the ISG, ably led by bipartisan co-chairs, former U.S. ambassador Ryan Crocker, national interest. The biblical admonition former Secretary of State James Baker and former Secretary of Defense James Schles- that iron sharpens iron rings true. former Congressman Lee Hamilton. Two inger, and General Keane. These names are Best wishes. members of your national security team, simply suggestions among a cadre of capable P.S. We as a nation must be successful in Secretary of Defense Robert Gates and CIA men and women, as evidenced by the make- Afghanistan. We owe this to our men and Director Leon Panetta, saw the merit of the up of the ISG, who would be more than up to women in the military serving in harm’s way ISG and, in fact, served on the panel. Vice the task. and to the American people. President Biden, too, then serving in the I firmly believe that an Afghanistan-Paki- f Senate, was supportive and saw it as a means stan Study Group could reinvigorate na- to unite the Congress at a critical time. A tional confidence in how America can be suc- 100TH ANNIVERSARY OF THE number of the ISG’s recommendations and cessful and move toward a shared mission in REPUBLIC OF CHINA (TAIWAN) ideas were adopted. Retired General Jack Afghanistan. This is a crucial task. On the Keane, senior military adviser to the ISG, Sunday morning news shows this past week- was a lead proponent of ‘‘the surge,’’ and the end, it was unsettling to hear conflicting HON. MIKE QUIGLEY ISG referenced the possibility on page 73. statements from within the leadership of the OF ILLINOIS Aside from the specific policy recommenda- administration that revealed a lack of clar- IN THE HOUSE OF REPRESENTATIVES tions of the panel, the ISG helped force a mo- ity about the endgame in Afghanistan. How ment of truth in our national conversation much more so is this true for the rest of the Wednesday, September 21, 2011 about the war effort. country? An APSG is necessary for precisely Mr. QUIGLEY. Mr. Speaker, on October 10, I believe our nation is again facing such a that reason. We are nine years into our na- the Republic of China (Taiwan), will celebrate moment in the Afghanistan war effort, and tion’s longest running war and the American its 100th anniversary as a nation. that a similar model is needed. In recent people and their elected representatives do One hundred years ago, on October 10, days I have spoken with a number of knowl- not have a clear sense of what we are aiming edgeable individuals including former senior to achieve, why it is necessary and how far 1911, Dr. Sun Yat-Sen and his Revolutionary diplomats, public policy experts and retired we are from attaining that goal. Further, an Alliance ended China’s rule of Taiwan. and active military. Many believe our Af- APSG could strengthen many of our NATO Since then, Taiwan has proven itself a bea- ghanistan policy is adrift, and all agreed allies in Afghanistan who are also facing con of democracy and freedom for the global that there is an urgent need for what I call dwindling public support, as evidenced by community. an Afghanistan-Pakistan Study Group the recent Dutch troop withdrawal, and Taiwanese leaders have consistently and (APG). We must examine our efforts in the would give them a tangible vision to which peacefully transferred power amongst each region holistically, given Pakistan’s stra- to commit. other, and its residents act in ways that em- Just as was true at the time of the Iraq tegic significance to our efforts in Afghani- body democratic philosophies and principles. stan and the Taliban’s presence in that coun- Study Group, I believe that Americans of all try as well, especially in the border areas. political viewpoints, liberals and conserv- I am proud to call Taiwan a friend and ally, This likely will not come as a surprise to atives alike, and varied opinions on the war and I hope that my colleagues will join me in you as commander in chief. You are well ac- will embrace this ‘‘fresh eyes’’ approach. recognizing the Taiwanese people and their quainted with the sobering statistics of the Like the previous administration’s support century of accomplishments. past several weeks—notably that July sur- of the Iraq Study Group, which involved tak- As a friend, I happily extend my congratula- passed June as the deadliest month for U.S. ing the group’s members to Iraq and pro- tions to Taiwan on its upcoming 100th anni- troops. There is a palpable shift in the na- viding high-level access to policy and deci- versary. tion’s mood and in the halls of Congress. A sion makers, I urge you to embrace an Af- July 2010 CBS news poll found that 62 per- ghanistan-Pakistan Study Group. It is al- f cent of Americans say the war is going badly ways in our national interest to openly as- COMMENDING THE SERVICE OF in Afghanistan, up from 49 percent in May. sess the challenges before us and to chart a JUDGE LACY THORNBURG TO Further, last week, 102 Democrats voted clear course to success. against the war spending bill, which is 70 As you know, the full Congress comes back WESTERN NORTH CAROLINA more than last year, and they were joined by in session in mid-September—days after 12 members of my own party. Senator Lind- Americans around the country will once HON. HEATH SHULER say Graham, speaking last Sunday on CNN’s again pause and remember that horrific OF NORTH CAROLINA ‘‘State of the Union,’’ candidly expressed morning nine years ago when passenger air- IN THE HOUSE OF REPRESENTATIVES concern about an ‘‘unholy alliance’’ emerg- lines became weapons, when the skyline of ing of anti-war Democrats and Republicans. one of America’s greatest cities was forever Wednesday, September 21, 2011 I have heard it said that Vietnam was not changed, when a symbol of America’s mili- Mr. SHULER. Mr. Speaker, I rise today to lost in Saigon; rather, it was lost in Wash- tary might was left with a gaping hole. The ington. While the Vietnam and Afghanistan experts with whom I have spoken in recent honor Judge Lacy Thornburg for more than parallels are imperfect at best, the shadow of days believe that time is of the essence in fifty-five years of public service to our country history looms large. Eroding political will moving forward with a study panel, and and Western North Carolina. has consequences—and in the case of Afghan- waiting for Congress to reconvene is too long Judge Lacy Thornburg was born in Meck- istan, the stakes could not be higher. A year to wait. As such, I am hopeful you will use lenburg County, North Carolina in 1929. After

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A21SE8.012 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 21, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1675 graduating from Huntersville High School, he munity in Florence. The original twenty-six RECOGNIZING JOHN D. WAGNER served in the U.S. Army, graduated from Mars members increased to a peak of over 900 in ON HIS RETIREMENT FROM THE Hill College and received his law degree from the 1960s; subsequently membership settled TRI-COUNTY REGIONAL LABOR The University of North Carolina at Chapel at its current level of about 200. COUNCIL, AMERICAN FEDERA- Hill. The church has continued to function as a TION OF LABOR—CONGRESS OF Following his law school graduation in 1954, center of community life. Today it shares its INDUSTRIAL ORGANIZATIONS Judge Thornburg and his wife moved to Jack- facilities with the Cloverdale Cooperative Nurs- son County, North Carolina where he began a ery School and Beit Ahavah, a reformed Jew- HON. BETTY SUTTON law practice with former Congressman David ish congregation. It hosts an AA chapter, reg- OF OHIO Hall. He became active in church, civic, and ular public suppers, a Boy Scout troop, and a IN THE HOUSE OF REPRESENTATIVES political affairs, holding offices in the Pres- summer vacation bible school that draws chil- Wednesday, September 21, 2011 byterian Church, the Jaycees, the Lions, and dren from the surrounding area. The present Ms. SUTTON. Mr. Speaker, I rise today to the Young Democrats. pastor, the Reverend Irven A. Gammon, is During Judge Thornburg’s thirteen years as acknowledge an individual who has tirelessly deeply committed to his work with the Cancer advocated on behalf of working families in my a practicing trial lawyer, he was elected to Connection and to the community. three terms in the North Carolina General As- Congressional District. John D. Wagner is a tenacious leader and sembly. He was appointed as a Superior f has been a voice for workers in a career that Court Judge in 1966 and served on the bench spans several decades. As Executive Sec- for sixteen years. Through his hard work and SUPPORT OF THE 100TH ANNIVER- retary-Treasurer of the Tri-County Regional respect for others, Judge Thornburg was SARY OF THE FOUNDING OF THE Labor Council, John has worked to improve elected Attorney General of North Carolina in REPUBLIC OF CHINA (TAIWAN) the lives of workers and promote the beliefs of November of 1984 and served two four-year organized labor so that working class families terms. As Attorney General, he personally ar- can have a fair shake. A member in good gued three cases before the United States Su- HON. LAURA RICHARDSON standing with the United Association of Plumb- preme Court: Riley v. National Federal of the OF CALIFORNIA ers & Pipefitters Local Union #219, John Blind in 1988, N.C. Department of Transpor- IN THE HOUSE OF REPRESENTATIVES served as the Business Manager and adminis- tation v. Crest St. Council in 1986, and Thorn- tered the business operations and always burg v. Gingles in 1986. Wednesday, September 21, 2011 worked towards for best interests of its mem- In 1994, President Bill Clinton nominated Ms. RICHARDSON. Mr. Speaker, I rise bership. Judge Thornburg as U.S. District Judge for the John has never ceased in his efforts to ad- Western District of North Carolina and he was today to celebrate the 100th anniversary of the founding of the Republic of China, also known dress the issues and reality of working Ameri- confirmed by the 104th Congress on January cans. He is a political force who does not as Taiwan, which will occur on October 10, 11, 1995. He served with distinction on the waver in his belief that each and every Amer- 2011. federal bench until his retirement in 2009. ican deserves decent, affordable health care It is an honor to represent selfless, hard- On October 10, 1911, revolutionaries led by and a secure retirement after a lifetime of hard working public servants like Judge Lacy Dr. Sun Yat-sen launched an uprising in Tai- work. His voice and actions have inspired Thornburg. His devotion to public service is a wan to overturn dynastic rule that prevailed in many, and we are grateful for his willingness great source of pride to me and to Western China for over two thousand years. The Provi- to stand up for good wages and benefits for North Carolina. I ask my colleagues to join me sional Government of the Republic of China the middle class. today in recognizing Judge Lacy Thornburg for was established, declaring the Republic of Though he is retiring from the Tri-County his lasting impact on Western North Carolina. China (ROC) an independent and sovereign Regional Labor Council, John will continue his f state and the first republic in Asia. Dr. Sun service on the Barberton City Council, where Yat-sen served as their first president. October he is highly regarded for his responsiveness to IN CELEBRATION OF FLORENCE 10th is now celebrated annually as ROC’s na- the concerns of the residents in Ward Three. CONGREGATIONAL CHURCH tional day, also known as ‘‘Double Ten Day.’’ I commend John on his service and I look for- In honor of the 100th anniversary of the ward to working with him to improve the qual- HON. RICHARD E. NEAL founding of the Republic of China, we remem- ity of life for working families across Ohio. OF MASSACHUSETTS ber and celebrate the struggles the Republic Mr. Speaker, I ask my colleagues to join me IN THE HOUSE OF REPRESENTATIVES of China faced in order to become a demo- in recognizing the dedicated service of Mr. John D. Wagner as he retires from the Tri- Wednesday, September 21, 2011 cratic republic state. We also acknowledge Dr. Sun Yat-sen’s dedication to the principles of County Regional Labor Council, American Mr. NEAL. Mr. Speaker, I would like to ac- nationalism, democracy and the people’s liveli- Federation of Labor—Congress of Industrial knowledge the work of the Florence Con- hood. Since its founding nearly a century ago, Organizations. gregational Church located in Florence, Mas- the Republic of China has undergone tremen- f sachusetts. It was originally a community dous transformations and has matured into a church named ‘‘The Church of Christ In Flor- HONORING THE FRIENDS OF THE free-market, multi-party democracy that plays FRELINGHUYSEN ARBORETUM ence.’’ Its founders visualized it as the center key roles in the global economy and in main- of the abolitionist movement in the village, taining regional peace and stability. which was already an active station on the un- HON. RODNEY P. FRELINGHUYSEN As a proud member of the Congressional derground railroad, with its charter members OF NEW JERSEY Taiwan Caucus, I have had the privilege to being sympathetic to the movement. Its first IN THE HOUSE OF REPRESENTATIVES travel to Taiwan this past May as part of a bi- settled pastor, Horace Carter Hovey, had been Wednesday, September 21, 2011 partisan delegation. I had the pleasure of driven from his pulpit in Indiana because of his meeting President Ma Ying-jeou and other Mr. FRELINGHUYSEN. Mr. Speaker, I rise ardent opposition to slavery. Article nine of the government officials. I was strongly encour- today to honor The Friends of the Freling- church’s bylaws, adopted on June 3, 1862, aged by their commitment to maintaining huysen Arboretum, located in Morris County, declared ‘‘our decided protest against the sin strong ties with the United States. New Jersey, as they celebrate their 40th anni- of slavery.’’ versary. The church was dedicated on October 9, As we celebrate Taiwan’s progress and de- Originaly a working farm and personal sum- 1861, in the sixth month of the Civil War. The velopment during the past century, we must mer house, bequeathed to the citizens of Mor- Reverend Hovey twice took a leave of ab- also applaud their commitment to the ideals of ris County, the property is now the Freling- sence to volunteer with the United States freedom and democracy. I would like to con- huysen Arboretum, dedicated in 1971. Christian Commission, serving troops on bat- gratulate the people of Taiwan for continuing In 1972, The Friends of the Frelinghuysen tlefields in Virginia. Meanwhile, members of in the traditions of Sun Yat-sen and maintain- Arboretum was founded in an effort to support the infant church sewed clothing for the sol- ing the vibrant democracy that is a model for the projects of the arboretum. With the help of diers and sent them ‘‘comfort bags’’ and food the entire world. funding provided by the Friends, through to supplement army rations. Mr. Speaker, I urge my colleagues to join events like their annual plant sale, the Arbo- During the 150 years that followed, fifteen me in honoring the Republic of China on the retum is able to provide educational and inter- successive pastors have served this faith com- 100th anniversary of its founding. active programs to people of all ages. One

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A21SE8.015 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1676 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 2011 such program is the Branching Out Program. For 25 years, the Caribbean Festival Com- Dorgan, U.S. Army; Neil Farnham, U.S. Army; This initiative gives youth in the community a mittee has been dedicated to educating the Howard Heimbuch, U.S. Army; James How- chance to roll up their sleeves and work a gar- Philadelphia region on Caribbean culture, and ard, U.S. Army; Charles Keim, U.S. Army; den, learning about plants from the garden to providing outreach to the area’s Caribbean/ Gerald Mattox, U.S. Army; William McCluhan, the table. Due to the tireless dedication of the American community. I ask that you and my U.S. Army; Elliott Preble, U.S. Army; Erwin Friends of the Frelinghuysen Arboretum, pro- other distinguished colleagues join me in Regan, U.S. Army; James Sehorn, U.S. Army; grams like these enable community members thanking the Caribbean Festival Committee for Darrell Thompson, U.S. Army; Donald Thomp- to explore the natural beauty that lies in their all they have done to improve and enrich the son, U.S. Army; Clayton Vincent, U.S. Army; own backyard. lives of many people in Philadelphia and be- Patsy Seaman, U.S. Women’s Army Corps; Under the guidance of the Morris County yond. Bernard Anderson, U.S. Army Air Forces; Lee Park Commission, its mission is to support f Berry, Jr., U.S. Army Air Forces; T. Carl Juhl, and/or sponsor projects and educational pro- U.S. Army Air Forces; Jack Lewis, U.S. Army grams that will provide opportunities to the CONGRATULATING SABIC INNOVA- Air Forces; Robert Marble, U.S. Army Air public to expand their knowledge and enjoy- TIVE PLASTICS MOUNT VERNON Forces; Frank Ramirez, U.S. Army Air Forces; ment of horticulture and the natural world. FACILITY FOR RECEIVING THE Walter Seaman, U.S. Army Air Forces; Gilbert The Friends of the Frelinghuysen Arboretum NATIONAL POLLUTION PREVEN- Sharp, U.S. Army Air Forces; Dewey Thomas, is made up a dedicated group of men and TION ROUNDTABLE’S MVP2 U.S. Army Air Forces; Delbert Stafford, U.S. women with a passion for horticultural and vol- PROJECT AWARD Army Air Forces; Donald Foelker, U.S. Marine unteerism. Though the Frelinghuysen Arbo- Corps; Charles Porter, Jr., U.S. Coast Guard; retum is their primary focus, the Friends also HON. LARRY BUCSHON Wayne Carlson, U.S. Merchant Marine; Paul provide support to two other facilities within OF INDIANA Kirk, U.S. Merchant Marine. the Morris County Park Commission: Bamboo IN THE HOUSE OF REPRESENTATIVES These 47 heroes join more than 63,000 vet- erans from across the country who, since Brook Outdoor Education Center and the Wednesday, September 21, 2011 Willowwood Arboretum. 2005, have journeyed from their home states It is with many great thanks to the Friends, Mr. BUCSHON. Mr. Speaker, I rise today to to Washington, DC to reflect at the memorials that Morris County is able to offer such an in- congratulate the SABIC Innovative Plastics fa- built in honor of our nation’s veterans. valuable resource to its citizens. cility in Mount Vernon, Indiana as recipient of Mr. Speaker, each of us is humbled by the Mr. Speaker, I ask you and my colleagues the National Pollution Prevention Roundtable’s courage of these soldiers, sailors, airmen, to join me in congratulating the Friends of the MVP2 Project Award. SABIC Innovative Plas- mariners and one Marine who put themselves Frelinghuysen Arboretum on their Fortieth An- tics is one of the largest producers of thermo- in harm’s way for our country and way of life. niversary. plastics, glycols, methanol and fertilizers and As a nation, we can never fully repay the debt f this award is testament to its facilities dedica- of gratitude owed to them for their honor, com- tion to pollution prevention. mitment, and sacrifice in defense of the free- PERSONAL EXPLANATION The project garnering this award recovered doms we have today. I will be hosting a spe- and commercialized sodium nitrate. This initia- cial forum on Capitol Hill on Friday for these HON. ROBERT HURT tive reduced water use by 19 million gallons highly distinguished Americans, and I’m very OF VIRGINIA and carbon dioxide generation by 10 million eager to thank them all in person. IN THE HOUSE OF REPRESENTATIVES pounds for a combined savings of $4.45 mil- My colleagues, please join me in thanking lion annually. these veterans and the volunteers of Honor Wednesday, September 21, 2011 I am proud to have the global headquarters Flight of Eastern Oregon and Portland, Or- Mr. HURT. Mr. Speaker, I was not present of SABIC in our district and their commitment egon for their exemplary dedication and serv- for rollcall vote No. 714 on H.R. 2646. Had I to environmental sustainability should be com- ice to this great country. I especially want to been present, I would have voted ‘‘yea.’’ mended. Mr. Speaker, I ask my colleagues to recognize Dick Tobiason, a U.S. Army vet- f join me in congratulating the Mt. Vernon eran, and the Bend Heroes Foundation whose SABIC Innovative Plastics facility for receipt of tireless work will result in over 100 WWII vet- HONORING THE CARIBBEAN FES- the MVP2 Project Award. erans from Oregon visiting the memorials and TIVAL COMMITTEE ON THEIR f U.S. Capitol. 25TH ANNUAL CARIBBEAN FES- TIVAL AT PENN’S LANDING TRIBUTE TO HONOR FLIGHT OF f EASTERN OREGON AND HONOR HONORING CAPTAIN B.G. HON. ROBERT A. BRADY FLIGHT OF PORTLAND, OREGON ‘‘SHAKEY’’ HOLDER OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES HON. GREG WALDEN HON. KENNY MARCHANT Wednesday, September 21, 2011 OF OREGON OF TEXAS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. BRADY of Pennsylvania. Mr. Speaker, I rise to honor the Caribbean Festival Com- Wednesday, September 21, 2011 Wednesday, September 21, 2011 mittee (CFC) on the occasion of their 25th An- Mr. WALDEN. Mr. Speaker, I rise to recog- Mr. MARCHANT. Mr. Speaker, it is with nual Caribbean Festival at Penn’s Landing. nize the 47 World War II veterans from Or- great pride that I rise to honor the service of Since the Festival’s inception, the CFC has egon who will be visiting their memorial this an outstanding public servant in the 24th Con- focused on educating the Philadelphia region Friday in Washington, DC through Honor gressional District of Texas. Firefighter Cap- on the beauty and culture of the Caribbean Flight of Eastern Oregon and the newly cre- tain B.G. ‘‘Shakey’’ Holder is a hardworking, and creating greater awareness of the signifi- ated Honor Flight of Portland, Oregon. On be- family-oriented individual who has served the cant contributions people of the Caribbean half of a grateful state and country, we wel- Irving area selflessly throughout his personal have made. come these heroes to the Nation’s Capital. and professional life. Captain Holder is retiring In addition to the cultural outreach and edu- The veterans on this flight from Oregon are: after 56 years of public service with the city of cation the CFC and the Caribbean Festival Elmer Beickel, U.S. Navy; Hayes Bickford, Irving. provide, the CFC is dedicated to bettering U.S. Navy; John Cleveland, U.S. Navy; Captain Holder has been married to his their community. Proceeds obtained from an- Charles Decker, U.S. Navy; Leon Devereaux, wife, Virginia ‘‘Ginger’’ Holder, for 19 years. nual events are used for a variety of charitable Jr., U.S. Navy; Melvin Elder, U.S. Navy; Rob- They have a wonderful family of five children, outlets. The CFC has used these proceeds to ert Ervin, U.S. Navy; Roice Fulleton, U.S. seven grandchildren, and two great- grand- aid to hurricane victims and bereavement sup- Navy; Robert Heisey, U.S. Navy; Dale Her- children. His daughter, Cindy Jeffery, de- port in the Caribbean/American Community. bert, U.S. Navy; James Ogle, U.S. Navy; Ed- scribes him as a man that ‘‘just gives to all.’’ Also, the CFC has awarded scholarships to ward Rose, Jr., U.S. Navy; Willard Rudd, U.S. ‘‘Shakey’’ joined the Irving Fire Department Caribbean and Caribbean/American students Navy; Cameron Seitz, U.S. Navy; Russell Wil- on December 1, 1955. Since then, he has be- attending two or four year colleges. To date, liams, U.S. Navy; Glen Winkler, U.S. Navy; come a well-respected officer who has over 125 scholarships have been awarded to Peter McNab, U.S. Navy; Henry Campuzano, mentored many young firefighters. Over the deserving students. U.S. Army; Vyvyan Clift, U.S. Army; James last 30 years, he has been assigned to two

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A21SE8.019 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 21, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1677 important positions: working at Irving Fire Sta- country, ‘‘Don’t Ask Don’t Tell’’ has without a and parts of Dallas. During 2010, the organi- tion 2 and serving as captain of Fire Station 1. doubt weakened our military. I was privileged zation assisted 12,052 individuals with one or A strict routine of great health practices al- to have had the opportunity to vote in favor of more services. lowed Captain Holder to perform his tasks at its repeal. In 1989, the first Metrocrest Thrift Store the highest possible level of skill, which helped Today, all those in our society who are opened in the Old Carrollton Square to help him as the lead man for his shift’s Swift Water ready, able, and willing to serve in the U.S. people receive clothing, household goods, and Rescue Team. His commitment to condi- military will be guaranteed their right to do so. support. In 2002, the Thrift Store relocated to tioning, training, firefighting, and enjoying life The U.S. Constitution, specifically the 14th Beltline Road and Josey Lane. The new 8,238 has been a leading example to all the mem- Amendment, requires the government to apply square foot Metrocrest Resale facility, located bers of the Irving Fire Department. our laws equally. Now, only negative conduct, at Midway Road and Trinity Mills Road, will In 2005, Captain Holder was honored with a not one’s sexual orientation, will be grounds continue to support day-to-day operations of Texas State Proclamation and the city of Ir- for dismissal from our nation’s military. Invest- Metrocrest Social Services and its mission to ving declared December 1st ‘‘Shakey Holder ing many millions of dollars to train these indi- prevent homelessness in the Metrocrest com- Day’’ in recognition of his outstanding service. viduals and then dismissing them, in the ab- munity. In 2006, Captain Holder received The sence of bad conduct, has wasted many mil- Mr. Speaker, it is an honor to recognize ‘‘Shakey’’ Gene Holder Lifetime Achievement lions of precious taxpayer dollars and com- Metrocrest Social Services as they relocate Award, named after him for his lifetime dedica- promised our national security. their Resale facility. I ask all of my distin- tion to the Irving Fire Department as a front- As we celebrate this major milestone, many guished colleagues to join me in commending line firefighter. In 2010, he received the Fire formerly discharged service members will re- Metrocrest Social Services for its faithful serv- Chief Award, and in the spring of 2011, the enter the armed services to serve alongside ice to our community. captain was recognized at the Texas State their friends and military family. We must en- f Capital for his 55 years of service. sure that the U.S. military treats all of our SUPPORT FOR THE NATIONAL On behalf of the 24th Congressional District service members equally. Gay, lesbian, and BREAST CANCER COALITION’S of Texas, I ask my colleagues to join me in bisexual individuals must have access to the BREAST CANCER DEADLINE 2020 thanking Captain Holder for his years of public same rights as their hererosexual peers. Any- service to the city of Irving. thing less is unacceptable and utterly un- HON. GWEN MOORE f American. OF WISCONSIN f PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION Wednesday, September 21, 2011 HON. BENJAMIN QUAYLE Ms. MOORE. Mr. Speaker, I have pledged OF ARIZONA HON. PAUL RYAN my strong support for the goals of the National IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN Breast Cancer Coalition’s, NBCC, newly launched initiative, Breast Cancer Deadline Wednesday, September 21, 2011 IN THE HOUSE OF REPRESENTATIVES 2020, and I encourage all of my colleagues— Mr. QUAYLE. Mr. Speaker, yesterday, Sep- Wednesday, September 21, 2011 on both sides of the aisle—to join me. This ini- tember 20, 2011, I missed rollcall votes num- Mr. RYAN of Wisconsin. Mr. Speaker, due tiative represents an historic commitment to bered 712, 713, and 714. Had I been present, to a death in my family, I was absent for legis- dedicating the resources, expertise, and stra- I would have voted ‘‘aye’’ on H.R. 2944, the lative business on Tuesday, September 20, tegic planning we need to end breast cancer, United States Parole Commission Extension 2011. As a result, I missed rollcall votes 712– once and for all. Breast cancer has affected Act of 2011, ‘‘aye’’ on H.R. 2189, the Death in 714. Had I been present, I would have cast too many of my constituents, family members, Custody Reporting Act of 2011 and ‘‘aye’’ on the following votes: Rollcall 712–H.R. 2944, and friends to count, and caused far too much H.R. 2646, to authorize certain Department of On Motion to Suspend the Rules and Pass, heartache. We can no longer tolerate stagnant Veterans Affairs major medical facility projects ‘‘yes’’; rollcall 713–H.R. 2189, On Motion to rates of incidence and mortality. We must gen- and leases, to extend certain expiring provi- Suspend the Rules and Pass, ‘‘yes’’; rollcall erate the will, and the investment we need, to sions of law, and to modify certain authorities 714–H.R. 2646, On Motion to Suspend the eliminate breast cancer within the next dec- of the Secretary of Veterans Affairs, and for Rules and Pass, as Amended, ‘‘yes.’’ ade. other purposes. f The National Breast Cancer Coalition f assures us that this goal is within reach, but CELEBRATING THE RELOCATION it will require strategy and wisdom to attain. ON THE REPEAL OF ‘‘DON’T ASK, OF METROCREST SOCIAL SERV- That is why NBCC has developed a multi-fac- DON’T TELL’’ ICES RESALE eted strategy that has the potential to deliver the results we have been waiting for. The HON. STEVEN R. ROTHMAN HON. KENNY MARCHANT Breast Cancer Deadline 2020 plan includes a OF NEW JERSEY OF TEXAS strong focus on science and research, with an IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES emphasis on metastasis and primary preven- tion. The plan also includes a role for govern- Wednesday, September 21, 2011 Wednesday, September 21, 2011 ment; key players will convene to identify the Mr. ROTHMAN of New Jersey. Mr. Speaker, Mr. MARCHANT. Mr. Speaker, it gives me most effective role for government to play in I rise today to voice my strong support for the great pleasure to celebrate the relocation of supporting research and health care. NBCC repeal of ‘‘Don’t Ask, Don’t Tell.’’ the Metrocrest Social Services Resale facility. will release annual progress reports on the Today, we are one step closer to our na- From its humble beginnings in 1971, this orga- state of its work, and set forth guidance for the tion’s promise of liberty and justice for all peo- nization has exemplified charity and service coming year. Alongside these strategic efforts, ple. The repeal of this misguided policy has throughout its rich history in the Metrocrest NBCC will engage in a large-scale effort to ensured that our country’s laws are applied community. change the conversation surrounding breast equally and that gay, lesbian, and bisexual Metrocrest Social Services opened its doors cancer and engage the public to build momen- service members will no longer have to lie in Farmers Branch as the TRUTH House, tum for the campaign. about who they are in order to serve their serving underprivileged teens. By 1984, the NBCC’s Breast Cancer Deadline 2020 cam- country. It will also enhance our national secu- nonprofit organization changed its name to paign holds the promise of a new and im- rity. Metrocrest Social Services and expanded its proved approach to ending breast cancer. This As a member of the House Appropriations operations, volunteer base, and geographic is not an easy task, but with this kind of re- Defense Subcommittee, I believe that one of areas served. Today, Metrocrest Social Serv- newed energy and commitment, I have faith my most important jobs is to ensure that the ices has established itself as a vital part of the that we can get the job done. I know that the U.S. armed forces remain the best equipped, Metrocrest community, providing emergency National Breast Cancer Coalition will wage a best prepared, and most powerful in the world. assistance and beneficial programs to move smart, well-organized fight in the next few By sending home more than 13,500 motivated families toward self-sufficiency. Metrocrest So- years. I look forward to doing whatever I can and qualified patriotic service members since cial Services serves the residents of to lend my voice and support for this cam- 1994, who were willing and fit to serve this Carrollton, Farmers Branch, Addison, Coppell paign.

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A21SE8.024 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1678 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 2011 THE OVARIAN CANCER HOUSE OF REPRESENTATIVES, has resulted in the return of refugees to coun- AWARENESS RESOLUTION COMMITTEE ON APPROPRIATIONS, tries where they face persecution because of Washington, DC, September 20, 2011. their gender, religion, nationality, or political in- Hon. ERIC H. HOLDER, Jr., volvement. HON. ROSA L. DeLAURO Attorney General, U.S. Department of Justice, Washington, DC. Although the law includes exceptions to ex- OF CONNECTICUT DEAR ATTORNEY GENERAL HOLDER: I was cuse those who are determined to have valid IN THE HOUSE OF REPRESENTATIVES deeply concerned to read the Audit of De- reasons for applying for asylum after one year, Wednesday, September 21, 2011 partment of Justice Conference Planning and adjudicators routinely deny applicants who Food and Beverage Costs, which was released meet these exceptions. People who are at- Ms. DELAURO. Mr. Speaker, I rise today in today by the Office of the Inspector General. tempting to care for their children, hide from support of this important bipartisan resolution This report details the Acting Inspector Gen- their abusers, cope with past trauma, and deal that will help to raise awareness of the warn- eral’s finding that DOJ spent more than $120 million on 1,832 conferences over two years, with the challenges of surviving in a new ing signs for ovarian cancer. This is an impor- country are repeatedly and arbitrarily denied tant vote that, put simply, will save lives of including ‘‘extravagant and wasteful’’ spend- ing on food and beverages. asylum status because of missing the one- women across the country. In one egregious example that occurred year deadline. While we have made considerable progress during your tenure as Attorney General, the Once denied, an applicant has only two in recent years in the war against cancer, Department spent $16 on each of 250 muffins other possibilities for safety: to petition for thanks to the hard work of biomedical re- served at an Executive Office for Immigra- withholding of removal or to seek protection searchers at NIH and elsewhere, ovarian can- tion Review conference. In another case, the under the Convention Against Torture. Both cer has been a stubborn enemy. It remains audit found that neither the Office of Justice Programs nor the Office on Violence Against these forms of relief demand an applicant sur- the fifth most common cancer among women, Women required event planners to track and mount a much higher standard of proof than and one I myself suffered from 25 years ago. report salary and benefit costs on contracts asylum and do not allow reunification with It causes more deaths than any other female totaling more than half a million dollars. family members or provide them permanency. reproductive cancer. More than 15,000 of our As Chairman of the House Appropriations Everyone in Congress can agree that our friends and family are expected to perish from subcommittee that funds the Justice Depart- immigration system is overwhelmed with a it this year. ment, I am troubled about the financial mis- massive backlog of cases and in desperate Perhaps the saddest thing about these grim management that has taken place at the De- need of reform. The one-year deadline only partment during the same period in which numbers is that some of these deaths are this country has weathered a severe reces- adds to this amassment of immigration cases readily preventable. We know that women who sion and a tenuous economic recovery. It is and leads to government waste. More impor- catch their ovarian cancer at an earlier stage clear that while American taxpayers were tantly, this law is hurting the very people we are over three times more likely to survive the tightening their belts and making difficult ought to be helping. This is a human rights disease than those who do not. Sadly, over financial decisions, the Department was issue that must be addressed as quickly as 60% of the women diagnosed with ovarian splurging on wasteful snacks and drinks as possible, and I implore my colleagues to sup- cancer between 1999 and 2006 fell into this well as unnecessary event planning ‘‘consult- port this desperately needed legislation. latter category. ants.’’ Over the last year, the House Appropria- f That’s why it is so important that we pass tions Committee has had to make difficult CELEBRATING THE 100TH ANNI- this resolution, and continue to help raise choices about deep spending reductions to re- VERSARY OF MADISON AREA awareness about ovarian cancer. Of course, flect the austere budget environment. Appro- TECHNICAL COLLEGE there are other steps we should also take. We priations for the Department were reduced need to re-fund Johanna’s Law this year, by 2.8% overall in fiscal year 2011, and are re- which, despite strong bipartisan support, was duced by another 3.4% in the House-reported HON. TAMMY BALDWIN zeroed out in the 2011 budget. And we need bill for fiscal year 2012, a total reduction of OF WISCONSIN more than $1.7 billion over two years. to continue to support the congressional-di- Clearly there is still more work to be done IN THE HOUSE OF REPRESENTATIVES rected medical research program for ovarian to address wasteful spending at the Depart- Wednesday, September 21, 2011 cancer research at the Department of De- ment. I expect you and other Department of- fense, which was cut by 20% in the House’s ficials to immediately address the OIG’s rec- Ms. BALDWIN. Mr. Speaker, I rise today in 2012 Defense Appropriations Bill. ommendations, and renew efforts to root out celebration of the 100th anniversary of Madi- son Area Technical College and to honor the But today, we can do our part by standing and eliminate wasteful spending practices education and enrichment this institution up against ovarian cancer, and passing this such as those detailed in this report. Sincerely, brings to the people of Wisconsin. resolution. Cancer is indiscriminate. It does FRANK R. WOLF, Madison College was founded in 1912 and not care about your age, your family, your sex, Chairman, House Sub- quickly gained the reputation of a prestigious your race, your religion, or your political party. committee on Com- technical and community college. The tech- It reminds us that we are all human and vul- merce, Justice, nical school offers associate degrees, profes- nerable. And that we must all come together— Science and Related sional certificates, and specialized vocational man and woman, young and old, Democrat Agencies. training that reaches far beyond the walls of and Republican—to fight it on every front. f its main campus in Madison. The ability to re- I urge my colleagues to support this resolu- REINTRODUCTION OF THE RE- ceive specific training in 140 pertinent and tion, and to help put an end to deaths from STORING PROTECTION TO VIC- growing career fields from a technical college ovarian cancer. TIMS OF PERSECUTION ACT is essential to the success of our community, especially in the tough economic times we find f HON. FORTNEY PETE STARK ourselves in today. CONCERNS REGARDING ‘‘EX- OF CALIFORNIA Madison College’s vision is to transform TRAVAGANT AND WASTEFUL’’ IN THE HOUSE OF REPRESENTATIVES lives, one at a time. This vision holds true from the Madison campuses all the way to SPENDING AT THE DEPARTMENT Wednesday, September 21, 2011 OF JUSTICE each of the regional campuses in Fort Atkin- Mr. STARK. Mr. Speaker, I rise with my col- son, Portage, Reedsburg, and Watertown. The league, Mr. MORAN of Virginia, to reintroduce skills students gain while attending the institu- HON. FRANK R. WOLF the Restoring Protection to Victims of Perse- tion provide them with the tools to be success- OF VIRGINIA cution Act, a bill that would end the practice of ful in their future endeavors. The class size of IN THE HOUSE OF REPRESENTATIVES barring asylum claims by those who have only 20 students allows students and dedi- been in our country for more than a year. cated instructors to form a close bond, en- Wednesday, September 21, 2011 In 1996, this one-year bar to asylum was hancing the educational experience. Mr. WOLF. Mr. Speaker, I submit a letter enacted as a way to prevent fraudulent claim- The mission of the institution is to provide that I sent to Attorney General Holder on the ants from being granted asylum. Sixteen years ‘‘accessible, high-quality learning experiences report by the Office of Inspector General on later, there is no evidence to show that dead- that serve the community.’’ Madison College’s the ‘‘extravagant and wasteful’’ spending on lines of this nature are effective in preventing affordable tuition, financial aid, and scholar- conference planning and refreshments. fraud. Rather, the implementation of this law ship opportunities ensure students from all

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A21SE8.030 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 21, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1679 backgrounds can receive the education they unique multidisciplinary approach encom- her contributions to the medical field and the deserve. Further, the Transfer U program al- passing transportation technology, fuels, basic New Jersey community. On October 29, 2011, lows students to gain the first two years of science, human behavior and public policy. Dr. Starr will be honored by Warren Hospital general education requirements and continue At the core of ITS-Davis’ success are its at their 30th annual Foundation Gala for her on for a bachelor’s degree at another college strong partnerships with the automobile and forty years of dedicated service to her commu- or university, including the University of Wis- energy industries; governments here and nity in the field of hematology and oncology. consin–Madison. This program saves the stu- abroad; and the environmental community. To- Born in Jersey City, New Jersey, Dr. Starr dent an average of $11,000 in tuition each gether they integrate research with university graduated from the Chicago School of Medi- year. The technical college is also recognized and public education, for the benefit of all of cine prior to an internship, residency, and fel- as a state leader in delivering specialized us. lowship at Montefiore Hospital in Bronx, New training for future employees and nearly 90 The Institute has been an innovative and in- York where she mastered internal medicine, percent of graduates find employment within 6 spirational leader in helping California and the hematology, and oncology. Dr. Starr then con- months of matriculation. nation envision, develop and implement pio- tinued her career in private practice and as an Not only does Madison College deliver a neering public activities that unite transpor- active member on the Warren Hospital staff in high-quality education to its students, but it tation stakeholders in reducing greenhouse Phillipsburg, New Jersey, where she has spe- also provides a fun and well-rounded college gas emissions. Those include: California’s As- cialized in hematology and oncology for the atmosphere. There are many student activi- sembly Bill 1493, which required rules to re- past four decades. Additionally, Dr. Starr is a ties, campus events, and athletics that stu- duce greenhouse gas emissions from cars consulting staff member to Easton Hospital in dents can participate in to enrich their experi- and light-duty trucks (2002); the Global Warm- Easton, Pennsylvania and a founding member ence. Through its educational and community ing Solutions Act of 2006 (AB32), which set of the Karen Ann Quinlan Hospice. programs, Madison College serves approxi- goals to cut emissions statewide to 1990 lev- During her time at Warren Hospital, Dr. mately 42,000 people each year. els by 2020; the Low Carbon Fuel Standard Starr has served as Chairperson of the War- Madison College has effectively promoted (2007); the Sustainable Communities Planning ren Hospital Tumor Board and Chairperson of its values of excellence, respect, and integrity Act (SB 375), intended to reduce the vehicle the Warren Hospital Pharmacy and Thera- over the past 100 years and will undoubtedly miles an average family travels (2008); the peutics Committee. She continues to serve as continue to do so in the future. I proudly join Plug-In Hybrid Electric Vehicle Research Chairperson of the Warren Hospital Cancer those across South Central Wisconsin, the en- Roadmap (2011); and the U.S. Low Carbon Committee and as a member of the Warren tire state of Wisconsin, and this great Nation Fuel Standard, which is now nearing comple- Hospital Transfusion Committee. Her recogni- in celebrating the 100th anniversary of Madi- tion. tion on October 29th will be the latest of sev- son Area Technical College and in thanking Throughout, the Institute has been an es- eral honors Dr. Starr has been bestowed the many instructors, administrators, and stu- sential partner to our federal agencies, work- throughout her career. She has been elected dents that make this institution such an out- ing on cleaner systems, fuels and vehicles President of Warren Hospital Medical Staff, standing place. with scientists and policy planners at the U.S. elected by colleagues and patients as Warren Departments of Transportation, Energy and f County Home Care Physician of the Year, and Agriculture, and the U.S. Environmental Pro- she is a recipient of the First Clinical Instructor HONORING THE INSTITUTE OF tection Agency. of the Year Award for the Warren Hospital We also benefit from the Institute’s work as TRANSPORTATION STUDIES AT Residency Program. In 2001, Warren Hospital forum leader and collaboration builder. Earlier UC DAVIS OF DAVIS, CALI- opened its new Cynthia D. Starr Breast Care this month, ITS-Davis hosted the 13th biennial FORNIA Center in honor of her service to the hospital’s Asilomar Conference for the U.S. Transpor- field of oncology. tation Research Board of the National Acad- HON. MIKE THOMPSON It is with the highest esteem that I congratu- emies. This is the highest-caliber international OF CALIFORNIA late Dr. Cynthia Starr on her upcoming honor, conference dedicated to transportation-sector IN THE HOUSE OF REPRESENTATIVES as well as her accomplished career. Dr. Starr energy issues. The Asilomar meeting exempli- is a prime example of how one individual’s Wednesday, September 21, 2011 fies how the Institute’s inclusive approach cre- dedication and service can positively impact ates the basis for constructive long-term dia- Mr. THOMPSON of California. Mr. Speaker, an entire community. I rise today in recognition of the 20th anniver- logue. sary of the Institute of Transportation Studies Our country’s transportation future shows f (ITS) at the University of California, Davis. great promise, in part because of what ITS- CONCERNS REGARDING THE COL- ITS-Davis is the world’s leading university re- Davis has accomplished over the past 20 LAPSE OF FEDERAL PRISON IN- search center on sustainable transportation. years. After 100 years of reliance on the inter- DUSTRIES Through research, education, outreach, and nal combustion engine, today we see hybrid the use of advanced models and analytical gasoline-electric vehicles everywhere, with techniques, the Institute develops business plug-in electric vehicles coming up fast. On HON. FRANK R. WOLF and public-policy strategies for a healthy trans- the horizon are vehicles powered by biofuels, OF VIRGINIA portation future. electric batteries and hydrogen; intelligently IN THE HOUSE OF REPRESENTATIVES When ITS-Davis was established in 1991, planned cities where walking replaces driving; Wednesday, September 21, 2011 and transit networks that let us travel between alternative fuels and vehicles were nowhere Mr. WOLF. Mr. Speaker, I submit a letter near commercial reality. California’s Zero communities quickly and cleanly. Mr. Speaker, it is appropriate at this time for that I sent to Attorney General Holder on the Emission Vehicle mandate had just been closure of additional Federal Prison Industries adopted. Hybrid cars were the stuff of dreams. us to congratulate and thank the faculty, stu- dents, staff and supporters of the Institute of factories and warn of the gradual collapse of Founding director Dr. Daniel Sperling, a UC this important work program for prison in- Davis engineering professor, wanted to build Transportation Studies at UC Davis, who have done so much to ensure that our transpor- mates. I urge the attorney general to take im- an academic institute where several academic mediate action to bolster the program. worlds—engineering, social science and public tation options are sustainable and secure. We HOUSE OF REPRESENTATIVES, policy—would merge; where modelers and lab wish them continued success in their second 20 years. COMMITTEE ON APPROPRIATIONS, technicians shared ideas with consumer-be- Washington, DC, September 20, 2011. havior and marketing experts; and where aca- f Hon. ERIC H. HOLDER, Jr., demia engaged with industry and government RECOGNITION OF DR. CYNTHIA D. Attorney General, Department of Justice, Wash- to craft creative real-world solutions to help STARR ington, DC. transport people and goods to make the world DEAR ATTORNEY GENERAL HOLDER: As you a better place. know, on September 13, 2011, the Federal Bu- Today, the Institute is the world’s leading HON. ALBIO SIRES reau of Prisons announced the closure of OF NEW JERSEY UNICOR operations at eleven institutions university center on sustainable transportation. IN THE HOUSE OF REPRESENTATIVES and the reduction of personnel at two other It has more than 60 affiliated faculty and re- Wednesday, September 21, 2011 institutions. These actions are expected to searchers, 125 graduate students, and $12 result in the elimination of 74 staff positions million in annual research funding. ITS-Davis Mr. SIRES. Mr. Speaker, today, I am and 325 inmate jobs. Unfortunately, this is a has redefined transportation research with its pleased to recognize Dr. Cynthia D. Starr and result of the UNICOR Board of Directors’

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A21SE8.033 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1680 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 2011 projection that the corporation would suffer the trained professionals they need. CHGME ern Iowa Tech needed to transition from a vo- losses of $23 million in FY 2012 unless currently provides funding to 56 hospitals in 30 cational/technical school to a full service, com- changes were made. states to support pediatric residency training. prehensive community college, with arts and These drastic reductions lead me to believe that you are presiding over the collapse of Today, freestanding children’s hospitals train general science classes complementing the Federal Prison Industries (FPI). While I have over 40 percent of pediatricians, 43 percent of school’s existing foundation of technical and worked to include language in the Com- pediatric specialists, and most pediatric re- career education. Dr. Dunker also saw the merce, Justice, Science Appropriations bill searchers. need to develop partnerships with area K–12 to bolster FPI, it takes more than Congres- Taking care of the health needs of children schools, postsecondary institutions, and the sional leadership to ensure that this institu- must be a top priority—we cannot afford to broader education community in order to le- tion will weather the challenging economic jeopardize their well-being and future. I urge verage the educational resources of Western climate. What is needed is strong executive my colleagues to support H.R. 1852, doing so Iowa for the betterment of all Iowans. leadership to encourage other Federal agen- will help to ensure that children have access cies to purchase goods manufactured in I know that Dr. Dunker will be missed in his to the trained pediatricians they need. UNICOR facilities. capacity as President of Western Iowa Tech, Therefore, I ask that you lead a cor- f not only by me but by all of the stakeholders responding effort to reverse this trend of who have built partnerships and working rela- downsizing at FPI. In prisons, work is dig- FULL COMMITTEE MARKUP nity, and it is essential for prisoners’ reha- tionships with him throughout the years. How- bilitation and successful reentry into soci- ever, knowing Dr. Dunker as I do, I know that ety. Inmates need to learn skills and behav- HON. WILLIAM R. KEATING retirement will not diminish his passion for ef- ior that will enable them to succeed in a job OF MASSACHUSETTS fecting positive changes in western Iowa. I outside of prison. There is no excuse for not IN THE HOUSE OF REPRESENTATIVES look forward to continuing my relationship with ensuring that every Federal prisoner has a Wednesday, September 21, 2011 Dr. Dunker, and I wish him the very best in all job. By working with OMB and other agen- that’s before him in retirement. cies, DOJ can assist in finding new or ex- Mr. KEATING. Mr. Speaker, due to a fu- panded opportunities for FPI in Federal con- neral, I was regrettably unable to attend the tracts. f Restoring FPI should be at the center of Full Committee markup of H. Res. 255; H.R. any plan to improve reentry programs for 1447; H.R. 1299; H.R. 915; H.R. 1801; and HONORING DR. GERI BERGER Federal prisoners. I would appreciate hearing H.R. 1165 held on September 21, 2011. I sub- from you promptly about ways you and the mit this statement for the record to reflect my Department can exercise leadership within support for each of the measures and amend- HON. FRANCISCO ‘‘QUICO’’ CANSECO the Executive Branch to restore FPI and cre- ments considered during the markup. How- ate more meaningful work opportunities for ever, in regard to H.R. 1299, my constituents OF TEXAS Federal inmates. and I have serious reservations over any leg- IN THE HOUSE OF REPRESENTATIVES f islative language that does not properly dif- CHILDREN’S HOSPITAL GME SUP- ferentiate between high-risk areas like the Wednesday, September 21, 2011 PORT REAUTHORIZATION ACT OF U.S.-Mexico border and low-risk areas like the 2011 Cape Cod National Sea Shore. Although I un- Mr. CANSECO. Mr. Speaker, I am proud to derstand that this bill’s intention is not to pave rise today in honor of Dr. Geri Berger. Dr. SPEECH OF the way for DHS to take jurisdiction over from Berger is the recipient of the 2011 Texas As- the Department of the Interior, I hope that fu- sociation of Secondary School Principals HON. JANICE D. SCHAKOWSKY ture discussions on our national security will Texas High School Principal of the Year OF ILLINOIS take into account the differences between Award. She is the Principal at the Louis D. IN THE HOUSE OF REPRESENTATIVES high-risk and low-risk borders to better ad- Brandeis High School, Northside in San Anto- Wednesday, September 21, 2011 dress threats without sending the wrong mes- nio in the Independent School District, and I sage to residents who live in low-risk regions. am honored to have students in my district at- Ms. SCHAKOWSKY. Mr. Speaker, I rise in tend the school under her exceptional leader- support of H.R. 1852, the Children’s Hospital f ship. Graduate Medical Education (CHGME) Sup- DR. ROBERT E. DUNKER port Reauthorization Act. Dr. Berger began her noteworthy career The future of pediatric health care cannot be with a Bachelor of Science in Education from compromised. As a supporter of the original HON. STEVE KING St. Mary’s University and a Master of Arts and legislation that established the CHGME pro- OF IOWA Doctorate in Education from the University of gram, and a cosponsor of H.R. 1852, I believe IN THE HOUSE OF REPRESENTATIVES Texas at San Antonio. Since coming to the we must provide all the resources needed to Wednesday, September 21, 2011 Brandeis High School, she has brought her guarantee that children’s hospitals can con- lifelong dedication to excellence in education, tinue to provide quality and timely care to their Mr. KING of Iowa. Mr. Speaker, I would like and it shows in the success of her teachers patients. As a mother and grandmother, I to take this time to recognize a constituent of and students. Dr. Berger has worked tirelessly know how important it is for families in the mine, Dr. Robert E. Dunker. to ensure that Brandeis High School is a place Chicagoland area to know that Children’s Me- Dr. Dunker recently retired from Western where each and every student can improve morial Hospital is there for them. Iowa Tech Community College after a distin- and thrive. Under her leadership, the Louis D. Support for physician education and training guished 20-year career. During his time at Brandeis High School was named an Exem- is essential to ensure patient access to care. Western Iowa Tech, Dr. Dunker initiated and plary School by the Texas Education Agency, Multiple expert bodies have identified a need oversaw infrastructure improvements which in 2009, another testament to her outstanding for more pediatric subspecialists and have rec- have contributed to new program development direction. ommended expansion of medical education for and enrollment growth at the College. The in- pediatrics. In a letter to members of the En- frastructure improvements have allowed West- By ensuring that Brandeis High School im- ergy and Commerce Committee, the National ern Iowa Tech to create several new programs proves each year offering students the best Association of Children’s Hospitals wrote that of study and to procure state-of-the-art equip- possible education they can receive, Dr. ‘‘thanks to CHGME, children’s hospitals have ment to best prepare students for what they Berger is tirelessly working to ensure that the enriched their training experience by providing will encounter in the workplace. next generation’s Americans receive a top- greater community-based opportunities in un- I can confidently say that I have known few notch education and are ready to compete on derserved urban and rural areas. This has in- people over the years who possess Dr. a global scale. Dr. Berger is an extraordinary creased access to care and the likelihood that Dunker’s vision and determination to effect example to principals across Texas and the residents will practice in medically under- positive change, not just for the students at nation. I thank her for her hard work and en- served areas.’’ Western Iowa Tech, but for the community at thusiasm and congratulate her on her remark- The funding from the CHGME program large. Dr. Dunker recognized early on that to able accomplishment. helps to ensure that children have access to meet the educational needs of the area, West-

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A21SE8.036 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 21, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1681 SENATE COMMITTEE MEETINGS mation, the Office of the Senate Daily Catharine Friend Easterly, both to be Title IV of Senate Resolution 4, Digest will prepare this information for an Associate Judge of the District of agreed to by the Senate on February 4, printing in the Extensions of Remarks Columbia Court of Appeals, and Ronald David McCray, of Texas, to be a Mem- 1977, calls for establishment of a sys- section of the CONGRESSIONAL RECORD ber of the Federal Retirement Thrift tem for a computerized schedule of all on Monday and Wednesday of each week. Investment Board. meetings and hearings of Senate com- SD–342 mittees, subcommittees, joint commit- Meetings scheduled for Thursday, tees, and committees of conference. September 22, 2011 may be found in the OCTOBER 4 Daily Digest of today’s RECORD. This title requires all such committees 10 a.m. to notify the Office of the Senate Daily Joint Economic Committee Digest—designated by the Rules Com- MEETINGS SCHEDULED To hold hearings to examine the eco- mittee—of the time, place, and purpose SEPTEMBER 23 nomic outlook. of the meetings, when scheduled, and 10 a.m. SH–216 any cancellations or changes in the Homeland Security and Governmental Af- meetings as they occur. fairs As an additional procedure along To hold hearings to examine the nomina- with the computerization of this infor- tions of Corinne Ann Beckwith, and

VerDate Mar 15 2010 04:56 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M21SE8.000 E21SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS Wednesday, September 21, 2011 Daily Digest Senate make the effective date of the amendments expand- Chamber Action ing the trade adjustment assistance program contin- Routine Proceedings, pages S5795–S5848 gent on the enactment of the United States-Korea Measures Introduced: Thirteen bills were intro- Free Trade Agreement Implementation Act, the duced, as follows: S. 1586–1598. Page S5838 United States-Colombia Trade Promotion Agreement Implementation Act, and the United States-Panama Measures Reported: Trade Promotion Agreement Implementation Act. S. 1280, to amend the Peace Corps Act to require (A unanimous-consent agreement was reached pro- sexual assault risk-reduction and response training, viding that the amendment, having failed to achieve and the development of sexual assault protocol and 60 affirmative votes, the amendment was not agreed guidelines, the establishment of victims advocates, to.) Pages S5800, S5804–06, S5809 the establishment of a Sexual Assault Advisory By 46 yeas to 53 nays (Vote No. 143), McCain Council, with an amendment in the nature of a sub- Amendment No. 625 (to Amendment No. 633), to stitute. (S. Rept. No. 112–82) extend trade adjustment assistance as in effect before S. 1596, making appropriations for the Depart- the enactment of the Trade and Globalization Ad- ments of Transportation, and Housing and Urban justment Assistance of 2009. (A unanimous-consent Development, and related agencies for the fiscal year agreement was reached providing that the amend- ending September 30, 2012. (S. Rept. No. 112–83) ment, having failed to achieve 60 affirmative votes, Pages S5836 the amendment was not agreed to.) Measures Passed: Pages S5800–04, S5806–10 By 40 yeas to 57 nays (Vote No. 144), Hatch Taiwan International Civil Aviation Organiza- Amendment No. 642 (to Amendment No. 633), to tion: Senate agreed to S. Con. Res. 17, expressing modify the eligibility requirements for trade adjust- the sense of Congress that Taiwan should be ac- ment assistance. (A unanimous-consent agreement corded observer status in the International Civil was reached providing that the amendment, having Aviation Organization (ICAO). Pages S5845–46 failed to achieve 60 affirmative votes, the amend- Small Business Contracting Fraud Prevention ment was not agreed to.) Pages S5810–16, S5827–28 Act: Committee on Small Business and Entrepre- By 43 yeas to 54 nays (Vote No. 145), Kyl neurship was discharged from further consideration Amendment No. 645 (to Amendment No. 633), to of S. 633, to prevent fraud in small business con- repeal trade adjustment assistance for firms. (A unan- tracting, and the bill was then passed, after agreeing imous-consent agreement was reached providing that to the following amendment proposed thereto: the amendment, having failed to achieve 60 affirma- Pages S5846–48 tive votes, the amendment was not agreed to.) Reid (for Murray) Amendment No. 652, to delay Pages S5816–27, S5828 the effective date of the veterans contracting provi- Pending: sions. Page S5846 Reid (for Casey) Amendment No. 633, to extend and modify trade adjustment assistance. Page S5800 Measures Considered: A unanimous-consent-time agreement was reached Generalized System of Preferences Act—Agree- providing for further consideration of the bill at ap- ment: Senate continued consideration of H.R. 2832, proximately 10:30 a.m., on Thursday, September 22, to extend the Generalized System of Preferences, tak- 2011; that the only remaining amendments in order ing action on the following amendments proposed to the Reid (for Casey) Amendment No. 633 (listed thereto: Pages S5800–30 above), and the bill be the following: Rubio Amend- Rejected: ment No. 651; Thune Amendment No. 650; and By 44 yeas to 54 nays (Vote No. 142), Hatch Cornyn Amendment No. 634; that there be up to Amendment No. 641 (to Amendment No. 633), to 5 hours of debate on the Rubio, Thune, and Cornyn D998

VerDate Mar 15 2010 23:55 May 31, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D21SE1.REC D21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D999 amendments equally divided between the two Lead- Adjournment: Senate convened at 9:30 a.m. and ers, or their designees, with Senator Cornyn control- adjourned at 7:13 p.m., until 9:30 a.m. on Thurs- ling 1 hour of the Republican time, and with Sen- day, September 22, 2011. (For Senate’s program, see ators Rubio and Thune each controlling 30 minutes the remarks of the Majority Leader in today’s Record of the Republican time; that at a time to be deter- on page S5848.) mined by the Majority Leader, after consultation with the Republican Leader, Senate vote on or in re- Committee Meetings lation to the Rubio, Thune, Cornyn, and Reid (for Casey) amendments, in that order; that there be no (Committees not listed did not meet) amendments, points of order or motions in order to the amendments prior to the votes other than budg- BUSINESS MEETING et points of order and the applicable motions to Committee on Appropriations: Committee ordered favor- waive; that each amendment be subject to a 60 af- ably reported the following business items: firmative vote threshold; that there be two minutes An original bill making appropriations for the of debate equally divided prior to each vote; that Departments of Transportation, and Housing and upon the disposition of the amendments, the bill, as Urban Development, and Related Agencies for the amended, if amended, be read a third time; that fiscal year ending September 30, 2012; there be up to ten minutes of debate equally divided An original bill making appropriations for the between the two Leaders, or their designees, prior to Department of State, Foreign Operations, and Re- a vote on passage of the bill, as amended, if amend- lated Programs for the fiscal year ending September ed; that the bill be subject to a 60 affirmative vote 30, 2012; and threshold; and finally, that there be no points of An original bill making appropriations for the order or motions in order to the bill prior to the Departments of Labor, Health and Human Services, vote on passage of the bill other than budget points Education, and Related Agencies for the fiscal year of order and the applicable motion to waive. ending September 30, 2012. Pages S5830, S5848 BUSINESS MEETING Message from the President: Senate received the Committee on Armed Services: Committee ordered favor- following message from the President of the United ably reported the nomination of Ashton B. Carter, of States: Massachusetts, to be Deputy Secretary of Defense, Transmitting, pursuant to law, a report on the and 2,210 nominations in the Army, Navy, Air continuation of the national emergency with respect Force, and Marine Corps. to persons who commit, threaten to commit, or sup- NATIONAL PARK SERVICE port terrorism that was established in Executive Order 13224 on September 23, 2001; which was re- Committee on Energy and Natural Resources: Sub- ferred to the Committee on Banking, Housing, and committee on National Parks concluded a hearing to examine a recently released report by the National Urban Affairs. (PM—923) Page S5835 Park Service, A Call to Action: Preparing for a Second Messages from the House: Page S5835 Century of Stewardship and Engagement, after receiving Measures Referred: Page S5835 testimony from Jonathan B. Jarvis, Director, Na- tional Park Service, Department of the Interior; Neil Measures Placed on the Calendar: Page S5835 J. Mulholland, National Park Foundation, Wash- Executive Communications: Pages S5835–36 ington, D.C.; and Jason Morris, NatureBridge, San Executive Reports of Committees: Pages S5836–38 Francisco, California. Additional Cosponsors: Pages S5838–40 BUSINESS MEETING Statements on Introduced Bills/Resolutions: Committee on Environment and Public Works: Com- Page S5840 mittee ordered favorably reported the following busi- ness items: Additional Statements: Pages S5833–35 S. 97, to amend the Federal Water Pollution Con- Amendments Submitted: Pages S5840–45 trol Act to establish a grant program to support the Authorities for Committees to Meet: Page S5845 restoration of San Francisco Bay, with an amend- ment; Privileges of the Floor: Page S5845 S. 893, to authorize the Secretary of the Interior Record Votes: Four record votes were taken today. to provide financial assistance to the State of Lou- (Total—145) Pages S5809–10, S5827–28 isiana for a pilot program to develop measures to

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eradicate or control feral swine and to assess and re- TRANSFORMING WARTIME CONTRACTING store wetlands damaged by feral swine; Committee on Homeland Security and Governmental Af- S. 1400, to restore the natural resources, eco- fairs: Committee concluded a hearing to examine systems, fisheries, marine and wildlife habitats, transforming wartime contracting, focusing on rec- beaches, and coastal wetlands of Gulf Coast States, ommendations of the Commission on Wartime Con- to create jobs and revive the economic health of tracting, after receiving testimony from Senators communities adversely affected by the explosion on, McCaskill and Webb; former Representative Chris- and sinking of, the mobile offshore drilling unit topher Shays, Co-Chair, and Clark Kent Ervin, Rob- Deepwater Horizon, with an amendment in the na- ert J. Henke, Katherine Schinasi, Charles Tiefer, and ture of a substitute; Dov S. Zakheim, each a Commissioner, all of the A proposed resolution regarding the Federal Com- Commission on Wartime Contracting in Iraq and munications Commission, a proposed resolution re- Afghanistan; Patrick F. Kennedy, Under Secretary of garding the Food and Drug Administration, and a State for Management; and Richard T. Ginman, Di- proposed resolution regarding the National Institutes rector, Defense Procurement and Acquisition Policy, of Health; and Department of Defense. The nomination of Kenneth J. Kopocis, of Vir- COUNTERING TERRORIST FINANCING ginia, to be an Assistant Administrator of the Envi- ronmental Protection Agency. Committee on the Judiciary: Subcommittee on Crime and Terrorism concluded a hearing to examine coun- DUALLY-ELIGIBLE BENEFICIARIES tering terrorist financing, focusing on progress and priorities, after receiving testimony from Lisa O. Committee on Finance: Committee concluded a hearing Monaco, Assistant Attorney General, National Secu- to examine dually-eligible beneficiaries, focusing on rity Division, and Ralph S. Boelter, Acting Assistant improving care while lowering costs, after receiving Director, Counterterrorism Division, Federal Bureau testimony from Melanie Bella, Director, Medicare- of Investigation, both of the Department of Justice; Medicaid Coordination Office, Centers for Medicare and Daniel L. Glaser, Assistant Secretary of the and Medicaid Services, Department of Health and Treasury for Terrorist Financing. Human Services. GOOGLE NOMINATIONS Committee on the Judiciary: Subcommittee on Anti- Committee on Foreign Relations: Committee concluded trust, Competition Policy and Consumer Rights con- a hearing to examine the nominations of Robert A. cluded a hearing to examine Google, focusing on Mandell, of Florida, to be Ambassador to Luxem- consumers and competition, after receiving testi- bourg, who was introduced by Senator Nelson (FL), mony from Eric Schmidt, Google Inc., Mountain Thomas Charles Krajeski, of Virginia, to be Ambas- View, California; Jeffrey Katz, Nextag, Inc., San sador to the Kingdom of Bahrain, Dan W. Mozena, Mateo, California; Jeremy Stoppelman, Yelp! Inc., of Iowa, to be Ambassador to the People’s Republic San Francisco, California; and Thomas O. Barnett, of Bangladesh, and Michael A. Hammer, of the Dis- Covington and Burling LLP, and Susan A. trict of Columbia, to be Assistant Secretary for Pub- Creighton, Wilson Sonsini Goodrich and Rosati, lic Affairs, all of the Department of State, after the P.C., both of Washington, D.C. nominees testified and answered questions in their THE AMERICAN LEGION LEGISLATIVE own behalf. PRESENTATION Committee on Veterans’ Affairs: Committee concluded a BUSINESS MEETING joint hearing with the House Committee on Vet- Committee on Homeland Security and Governmental Af- erans’ Affairs to examine the legislative presentation fairs: Committee ordered favorably reported S. 1546, of The American Legion, after receiving testimony to authorize certain programs of the Department of from Fang A. Wong, Daniel M. Dellinger, Tim Homeland Security, with an amendment in the na- Tetz, Michael D. Helm, and Verna Jones, all of the ture of a substitute. American Legion, Washington, D.C.

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fiscal year 2016, by a 2⁄3 yea-and-nay vote of 395 Chamber Action yeas to 25 nays, Roll No. 720. Public Bills and Resolutions Introduced: 28 pub- Pages H6292–H6304, H6328–29 lic bills, H.R. 12, 2981–3007 were introduced. Small Business Program Extension and Reform Pages H6341–44 Act of 2011: The House failed to concur in the Sen- Additional Cosponsors: Pages H6344–45 ate amendment with an amendment to H.R. 2608, Reports Filed: A report was filed today as follows: to provide for an additional temporary extension of H. Res. 409, waiving a requirement of clause 6(a) programs under the Small Business Act and the of rule XIII with respect to consideration of certain Small Business Investment Act of 1958, by a yea- resolutions reported from the Committee on Rules and-nay vote of 195 yeas to 230 nays, Roll No. 719. (H. Rept. 112–214). Page H6341 Pages H6315–28 Speaker: Read a letter from the Speaker wherein he H. Res. 405, the rule providing for consideration appointed Representative McClintock to act as of the Senate amendment, was agreed to by a yea- Speaker pro tempore for today. Page H6275 and-nay vote of 238 yeas to 185 nays, Roll No. 716, Recess: The House recessed at 10:43 a.m. and re- after the previous question was ordered by a yea-and- convened at 12 noon. Pages H6279–80 nay vote of 237 yeas to 188 nays, Roll No. 715. Chaplain: The prayer was offered by the guest chap- Pages H6304–14 lain, Reverend Judith Wright, First Parish Unitarian Recess: The House recesed at 7:35 p.m. and recon- Universalist Church, Northborough, Massachusetts. vened at 7:58 p.m. Page H6340 Page H6280 Presidential Message: Read a message from the Suspensions: The House agreed to suspend the rules President wherein he notified Congress that the na- and pass the following measures: tional emergency declared with respect to persons Authorizing the use of Emancipation Hall in who commit, threaten to commit, or support ter- the Capitol Visitor Center for an event to award rorism is to continue in effect beyond September 23, the Congressional Gold Medal: S. Con. Res. 28, to 2011—referred to the Committee on Foreign Affairs authorize the use of Emancipation Hall in the Cap- and ordered to be printed (H. Doc. 112–57). itol Visitor Center for an event to award the Con- Page H6284 gressional Gold Medal, collectively, to the 100th In- Quorum Calls—Votes: Six yea-and-nay votes devel- fantry Battalion, 442nd Regimental Combat Team, oped during the proceedings of today and appear on and the Military Intelligence Service, United States pages H6316, H6313–14, H6314, H6315, H6328 Army, in recognition of their dedicated service dur- and H6329. There were no quorum calls. ing World War II, by a 2⁄3 yea-and-nay vote of 424 yeas with none voting ‘‘nay’’, Roll No. 717; Adjournment: The House met at 10 a.m. and ad- Pages H6284–88, H6314 journed at 7.59 p.m. Christopher S. Bond United States Courthouse Designation Act: S. 846, to designate the United Committee Meetings States courthouse located at 80 Lafayette Street in Jefferson City, Missouri, as the Christopher S. Bond 2 ARMY RESERVE, ARMY NATIONAL GUARD United States Courthouse, by a ⁄3 yea-and-nay vote AND AIR NATIONAL GUARD READINESS, of 407 yeas to 2 nays with 2 voting ‘‘present’’, Roll TRAINING AND OPERATIONS No. 718; Pages H6288–89, H6314–15 Short-Term TANF Extension Act: H.R. 2943, to Committee on Armed Services: Subcommittee on Readi- extend the program of block grants to States for ness held a hearing on Army Reserve, Army Na- temporary assistance for needy families and related tional Guard and Air National Guard readiness, programs through December 31, 2011; and training and operations. Testimony was heard from Pages H6289–92 Lieutenant General Jasck C. Stultz, USA, Chief, U.S. Army Reserve; Major General Raymond W. Car- Child and Family Services Improvement and penter, USA, Acting Director, Army National Innovation Act: H.R. 2883, amended, to amend Guard; and Lieutenant General Harry M. Wyatt, part B of title IV of the Social Security Act to ex- tend the child and family services program through USAF, Director, Air National Guard.

VerDate Mar 15 2010 23:55 May 31, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D21SE1.REC D21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1002 CONGRESSIONAL RECORD — DAILY DIGEST September 21, 2011 BROKEN BUDGET PROCESS: PERSPECTIVES MISCELLANEOUS MEASURES FROM FORMER CBO DIRECTORS Committee on Foreign Affairs: Full Committee held a Committee on the Budget: Full Committee held a hear- markup of the following: H.R. 2699, to establish ing entitled ‘‘The Broken Budget Process: Perspec- policies and procedures in the Peace Corps to pro- tives from Former CBO Directors.’’ Testimony was vide for the safety and security of volunteers from heard from the following former Congressional rape and sexual assault, and for other purposes; and Budget Office Directors: Alice M. Rivlin, Senior Fel- H.R. 2337, to amend the Peace Corps Act to require low, Brookings Institution; and Rudolph G. Penner, sexual assault risk-reduction and response training, Institute Fellow, Urban Institute. the development of sexual assault protocol and guidelines, the establishment of victims advocates, ENSURING THE EDUCATION SYSTEM IS the establishment of a Sexual Assault Advisory ACCOUNTABLE TO PARENTS AND Council, and for other purposes. Both bills were or- COMMUNITIES dered reported, as amended. Committee on Education and the Workforce: Sub- CHINA’S MONOPOLY ON RARE EARTHS committee on Early Childhood, Elementary, and Sec- Committee on Foreign Affairs: Subcommittee on Asia ondary Education held a hearing entitled ‘‘Education and the Pacific held a hearing entitled ‘‘China’s Mo- Reforms: Ensuring the Education System is Account- nopoly on Rare Earths: Implications for U.S. Foreign able to Parents and Communities.’’ Testimony was and Security Policy.’’ Testimony was heard from heard from public witnesses. public witnesses. MISCELLANEOUS MEASURES MISCELLANEOUS MEASURES Committee on Energy and Commerce: Full Committee Committee on Homeland Security: Full Committee held continued markup of the following: H.R. 2250, the a markup of the following: H. Res. 255, expressing ‘‘EPA Regulatory Relief Act of 2011’’; H.R. 2681, the sense of the House of Representatives that effec- the ‘‘Cement Sector Regulatory Relief Act of 2011’’; tive sharing of passenger information from inbound and H.R. 2937, the ‘‘Pipeline Infrastructure and international flight manifests is a crucial component Community Protection Act of 2011.’’ The following of our national security and that the Department of were ordered reported, as amended: H.R. 2250; H.R. Homeland Security must maintain the information 2681; and H.R. 2937. sharing standards required under the 2007 Passenger Name Record Agreement between the United States LEGISLATIVE PROPOSALS TO FACILITATE and the European Union; H.R. 915, the ‘‘Jaime Za- SMALL BUSINESS CAPITAL FORMATION pata Border Enforcement Security Task Force Act’’; AND JOB CREATION H.R. 1165, the ‘‘Transportation Security Adminis- Committee on Financial Services: Subcommittee on Cap- tration Ombudsman Act of 2011’’; H.R. 1299, the ital Markets and Government Sponsored Enterprises ‘‘Secure Border Act of 2011’’; H.R. 1447, the ‘‘Avia- held a hearing entitled ‘‘Legislative Proposals to Fa- tion Security Stakeholder Participation Act of 2011’’; cilitate Small Business Capital Formation and Job and H.R. 1801, the ‘‘Risk-Based Security Screening Creation.’’ Testimony was heard from Meredith for Members of The Armed Forces Act’’. The fol- Cross, Director, Division of Corporation Finance, lowing were ordered reported without amendment: U.S. Securities and Exchange Commission; and pub- H. Res. 255; and H.R. 1447. The following were lic witnesses. ordered reported, as amended: H.R. 915; H.R. 1165; H.R. 1299; and H.R. 1801. IMPACT OF THE WORLD BANK AND MISCELLANEOUS MEASURES MULTI-LATERAL DEVELOPMENT BANKS Committee on the Judiciary: Full Committee continued ON NATIONAL SECURITY markup of the following: H.R. 2885, the ‘‘Legal Committee on Financial Services: Subcommittee on Workforce Act’’; H.R. 2847, the ‘‘American Spe- International Monetary Policy and Trade held a hear- cialty Agriculture Act’’; and H.J. Res. 70. H.R. ing entitled ‘‘The Impact of the World Bank and 2192 was ordered reported without amendment. The Multi-Lateral Development Banks on National Secu- following were ordered reported, as amended: H.R. rity.’’ Testimony was heard from Marisa Lago, As- 2855; and H.J. Res. 70, to grant the consent of sistant Secretary for International Markets and De- Congress to an amendment to the compact between velopment, Department of the Treasury; and Rear the States of Missouri and Illinois providing that Admiral Michelle Howard, Chief of Staff to the Di- bonds issued by the Bi-State Development Agency rector, Strategic Plans and Policy, J5, the Joint Staff. may mature in not to exceed 40 years.

VerDate Mar 15 2010 23:55 May 31, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D21SE1.REC D21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 21, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1003 ANWR NETWORKING AND INFORMATION Committee on Natural Resources: Full Committee held TECHNOLOGY RESEARCH AND a hearing entitled ‘‘ANWR: Jobs, Energy and Def- DEVELOPMENT PROGRAM icit Reduction.’’ Testimony was heard from Sean Committee on Science, Space, and Technology: Sub- Parnell, Governor, Alaska; Sen. Murkowski; Sen. committee on Research and Science Education held Begich; Rep. Young of Alaska; Renton Rexford, a hearing entitled ‘‘Oversight of the Networking and Council Member, City of Kaktovik, Alaska; and Information Technology Research and Development public witnesses. Program and Priorities for the Future.’’ Testimony MISCELLANEOUS MEASURES was heard from public witnesses. Committee on Oversight and Government Reform: Sub- ELIMINATING JOB-SAPPING FEDERAL committee on Technology, Information Policy, Inter- RULES THROUGH RETROSPECTIVE governmental Relations and Procurement Reform REVIEWS held a markup of H.R. 373, the ‘‘Unfunded Man- Committee on Small Business: Full Committee held a dates Information and Transparency Act of 2011.’’ hearing entitled ‘‘Eliminating Job-Sapping Federal The bill was ordered reported, as amended. Rules through Retrospective Reviews—Oversight of ABUSES OF MEDICAID ELIGIBILITY RULES the President’s Efforts.’’ Testimony was heard from Cass Sunstein, Administrator, Office of Information Committee on Oversight and Government Reform: Sub- and Regulatory Affairs, Office of Management and committee on Health Care, District of Columbia, Budge. Census and the National Archives held a hearing en- titled ‘‘Examining Abuses of Medicaid Eligibility NATION’S INLAND WATERWAYS Rules.’’ Testimony was heard from Janice Eulau, As- TRANSPORTATION SYSTEM sistant Administrator, Medicaid Services Division, Committee on Transportation and Infrastructure: Sub- Suffolk County Department of Social Services; Julie committee on Water Resources and Environment Hamos, Director, Illinois Department of Healthcare held a hearing entitled ‘‘The Economic Importance and Family Services; and public witnesses. and Financial Challenges of Recapitalizing the Na- tion’s Inland Waterways Transportation System.’’ MISCELLANEOUS MEASURES Testimony was heard from Jo Ellen Darcy, Assistant Committee on Oversight and Government Reform: Sub- Secretary of the Army—Civil Works, United States committee on Federal Workforce, U.S. Postal Service Department of the Army; and public witnesses. and Labor Policy held a markup of H.R. 2309, the ‘‘Postal Reform Act.’’ The bill was ordered reported, ANALYZE AND SCORE TAX REFORM as amended. LEGISLATION Committee on Ways and Means: Full Committee held WAIVING A REQUIREMENT OF CLAUSE a hearing to review and examine the variety of eco- 6(A) OF RULE XIII WITH RESPECT TO nomic models used by the Joint Committee on Tax- CONSIDERATION OF CERTAIN ation (JCT) to analyze and score tax reform legisla- RESOLUTIONS REPORTED FROM THE tion. Testimony was heard from Thomas Barthold, COMMITTEE ON RULES Chief of Staff, Joint Committee on Taxation; and Committee on Rules: The Committee granted, by public witnesses. record vote of 8 to 3, a rule waiving clause 6(a) of rule XIII (requiring a two-thirds vote to consider a EXPIRING MEDICARE PROVIDER PAYMENT rule on the same day it is reported from the Rules PROVISIONS Committee) against certain resolutions reported from Committee on Ways and Means: Full Committee held the Rules Committee. The rule applies the waiver to a hearing to examine certain expiring Medicare pro- any resolution reported through the legislative day of vider payment provisions. Testimony was heard from September 30, 2011, relating to a measure making public witnesses. continuing appropriations for the fiscal year ending September 30, 2012. Joint Meetings NEXT IT REVOLUTION MANUFACTURING IN THE USA Committee on Science, Space, and Technology: Sub- Joint Economic Committee: Committee concluded a committee on Technology and Innovation held a hearing to examine manufacturing in the United hearing entitled ‘‘The Next IT Revolution? Cloud States of America, focusing on how United States Computing Opportunities and Challenges.’’ Testi- trade policy offshores jobs, after receiving testimony mony was heard from public witnesses. from Arvind Subramanian, Peterson Institute for

VerDate Mar 15 2010 23:55 May 31, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D21SE1.REC D21SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1004 CONGRESSIONAL RECORD — DAILY DIGEST September 21, 2011 International Economics and Center for Global De- Code, to authorize appropriations for the Administrative velopment, Philip I. Levy, American Enterprise In- Conference of the United States for fiscal years 2012, stitute, and Greg Slater, Intel Corporation, all of 2013, and 2014, and the nominations of Evan Jonathan Washington, D.C.; and Richard W. Bloomingdale, Wallach, of New York, to be United States Circuit Judge Pennsylvania American Federation of Labor and Con- for the Federal Circuit, Dana L. Christensen, to be United gress of Industrial Organizations (AFL–CIO), Harris- States District Judge for the District of Montana, Cathy Ann Bencivengo, to be United States District Judge for burg. the Southern District of California, Gina Marie Groh, to f be United States District Judge for the Northern District of West Virginia, Margo Kitsy Brodie, to be United COMMITTEE MEETINGS FOR THURSDAY, States District Judge for the Eastern District of New SEPTEMBER 22, 2011 York, and David B. Barlow, to be United States Attorney (Committee meetings are open unless otherwise indicated) for the District of Utah, Department of Justice, 10 a.m., SD–226. Subcommittee on Administrative Oversight and the Senate Courts, to hold hearings to examine protecting seniors Committee on Armed Services: to hold hearings to examine and persons with disabilities, focusing on an examination the United States strategy in Afghanistan and Iraq, 9:30 of court-appointed guardians, 2:30 p.m., SD–226. a.m., SH–216. Select Committee on Intelligence: to hold hearings to exam- Committee on Banking, Housing, and Urban Affairs: to ine the nomination of Irvin Charles McCullough III, of hold hearings to examine the nominations of Alan B. Maryland, to be Inspector General of the Intelligence Krueger, of New Jersey, to be a Member of the Council Community, Office of the Director of National Intel- of Economic Advisers, Executive Office of the President, ligence, 2:30 p.m., SD–138. David A. Montoya, of Texas, to be Inspector General, De- partment of Housing and Urban Development, and Cyrus House Amir-Mokri, of New York, to be Assistant Secretary of Committee on Armed Services: Full Committee, hearing on the Treasury, 10 a.m., SD–538. Afghan national security forces, 1 p.m., 2118 Rayburn. Subcommittee on Security and International Trade and Finance, to hold hearings to examine the European debt Panel on Defense Financial Management and and financial crisis, focusing on origins, options and im- Auditability Reform, hearing on the Department of plications for the United States and global economy, 2:30 Defense’s efforts to improve payment and funds con- p.m., SD–538. trol, 8 a.m., 2212 Rayburn. Committee on Homeland Security and Governmental Affairs: Subcommittee on Emerging Threats and Capabilities, Subcommittee on Federal Financial Management, Govern- hearing on the Future of U.S. Special Operations Forces: ment Information, Federal Services, and International Se- Ten Years After 9/11 and Twenty-Five Years After Gold- curity, to hold hearings to examine improving edu- water-Nichols, 10 a.m., 2212 Rayburn. This is a closed cational outcomes for our military and veterans, 1:30 hearing. p.m., SD–342. Committee on the Budget: Full Committee, hearing enti- Committee on Indian Affairs: to hold an oversight hear- tled ‘‘The Broken Budget Process: Perspectives from ing to examine the ‘‘Tribal Law and Order Act’’ one year Budget Experts.’’ 10 a.m., 210 Cannon. later, focusing on improved public safety and justice Committee on Education and the Workforce: Subcommittee throughout Indian country, 2:15 p.m., SD–628. on Early Childhood, Elementary, and Secondary Edu- Committee on the Judiciary: business meeting to consider cation, hearing entitled ‘‘Culture of Union Favoritism: S. 1151, to prevent and mitigate identity theft, to ensure Recent Actions of the National Labor Relations Board.’’ privacy, to provide notice of security breaches, and to en- 10 a.m., 2175 Rayburn. hance criminal penalties, law enforcement assistance, and Committee on Energy and Commerce: Subcommittee on other protections against security breaches, fraudulent ac- Oversight and Investigations, hearing entitled ‘‘Regu- cess, and misuse of personally identifiable information, S. latory Reform Series #7—The EPA’s Regulatory Plan- 1408, to require Federal agencies, and persons engaged in ning, Analysis, and Major Actions.’’ 9 a.m., 2322 Ray- interstate commerce, in possession of data containing sen- burn. sitive personally identifiable information, to disclose any Committee on Financial Services: Subcommittee on Finan- breach of such information, S. 1535, to protect consumers cial Institutions and Consumer Credit, hearing entitled by mitigating the vulnerability of personally identifiable ‘‘An Examination of the Availability of Credit for Con- information to theft through a security breach, providing sumers.’’ 9:30 a.m., 2128 Rayburn. notice and remedies to consumers in the wake of such a Subcommittee on Oversight and Investigations of the breach, holding companies accountable for preventable Committee on Financial Services and the Subcommittee breaches, facilitating the sharing of post-breach technical on TARP, Financial Services and Bailouts of Public and information between companies, and enhancing criminal Private Programs of the Committee on Oversight and and civil penalties and other protections against the unau- Government Reform, joint hearing entitled ‘‘Potential thorized collection or use of personally identifiable infor- Conflicts of Interest at the SEC: The Becker Case.’’ 2 mation, H.R. 2480, to amend title 5, United States p.m., 2128 Rayburn.

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Committee on Foreign Affairs: Subcommittee on the Mid- Subcommittee on Water and Power, hearing on the dle East and South Asia, hearing entitled ‘‘Axis of Abuse: following legislation: H.R. 1719, the ‘‘Endangered Spe- U.S. Human Rights Policy toward Iran and Syria, Part cies Compliance and Transparency Act of 2011’’; and II.’’ 2 p.m., 2172 Rayburn. H.R. 2915, the ‘‘American Taxpayer and Western Area Subcommittee on Africa, Global Health, and Human Power Administration Customer Protection Act of 2011.’’ Rights, hearing entitled ‘‘China’s One-Child Policy: The 2 p.m., 1324 Longworth. Government’s Massive Crime Against Women and Un- Committee on Oversight and Government Reform: Full Com- born Babies.’’ 2 p.m., 2200 Rayburn. mittee, hearing entitled ‘‘How Obama’s Green Energy Committee on Homeland Security: Subcommittee on Trans- Agenda is Killing Jobs.’’ 9:30 a.m., 2154 Rayburn. portation Security, hearing entitled ‘‘TSA Reform: Ex- Committee on Science, Space, and Technology: Full Com- ploring Innovations in Technology Procurement to Stim- mittee, hearing entitled ‘‘NASA Human Spaceflight Past, ulate Job Growth.’’ 10 a.m., 311 Cannon. Committee on Natural Resources: Subcommittee on Na- Present, and Future: Where Do We Go from Here?’’ 10 tional Parks, Forests and Public Lands, hearing on the a.m., 2318 Rayburn. following: H.R. 2852, the ‘‘Action Plan for Public Lands Committee on Ways and Means: Subcommittee on Select and Education Act of 2011’’; and legislation regarding Revenue Measures and Subcommittee on Oversight, joint the ‘‘National Forest County Revenue, Schools, and Jobs hearing on the intersection of energy policy and tax pol- Act of 2011.’’ 10 a.m., 1324 Longworth. icy, with a focus on the dual priorities of comprehensive Subcommittee on Indian and Alaska Native Affairs, tax reform and a sustainable energy policy that addresses markup of the following: H.R. 443, to provide for the our economic, security, and environmental needs, 9:30 conveyance of certain property from the United States to a.m., 1100 Longworth. the Maniilaq Association located in Kotzebue, Alaska; House Permanent Select Committee on Intelligence: Full H.R. 444, to provide for the conveyance of certain prop- Committee, hearing of ongoing intelligence activities, 11 erty located in Anchorage, Alaska, from the United States a.m., HVC–304. This is a closed hearing. to the Alaska Native Tribal Health Consortium; H.R. 1461, to authorize the Mescalero Apache Tribe to lease Joint Meetings adjudicated water rights; H.R. 1556, to amend the Om- Commission on Security and Cooperation in Europe: to hold nibus Indian Advancement Act to allow certain land to be used to generate income to provide funding for aca- hearings to examine Russia’s upcoming elections and the demic programs, and for other purposes; and H.R. 2444, struggle for public and competitive politics, 2 p.m., 210, to amend the Indian Self-Determination and Education Cannon Building. Assistance Act to provide further self-governance by In- Joint Select Committee on Deficit Reduction: to hold hear- dian tribes, and for other purposes. 2 p.m., 1334 Long- ings to examine an overview of revenue options and re- worth. forming the tax code, 10 a.m., 2123, Rayburn Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 22 10 a.m., Thursday, September 22

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 2401— morning business (not to extend beyond one hour), Senate Transparency in Regulatory Analysis of Impacts on the will continue consideration of H.R. 2832, Generalized Nation Act of 2011 (Subject to a Rule). System of Preferences Act, and vote on or in relation to the Rubio Amendment No. 651, Thune Amendment No. 650, Cornyn Amendment No. 634, Reid (for Casey) Amendment No. 633, and passage of the bill at a time to be determined by the two Leaders.

Extensions of Remarks, as inserted in this issue

HOUSE Hahn, Janice, Calif., E1671 Quigley, Mike, Ill., E1674 Hurt, Robert, Va., E1676 Richardson, Laura, Calif., E1675 Adams, Sandy, Fla., E1669, E1669 Keating, William R., Mass., E1680 Rothman, Steven R., N.J., E1677 Altmire, Jason, Pa., E1672 King, Steve, Iowa, E1680 Ryan, Paul, Wisc., E1677 Baca, Joe, Calif., E1673 Lipinski, Daniel, Ill., E1671 Schakowsky, Janice D., Ill., E1680 Baldwin, Tammy, Wisc., E1678 McDermott, Jim, Wash., E1671 Shuler, Heath, N.C., E1673, E1674 Barton, Joe, Tex., E1671 Manzullo, Donald A., Ill., E1672 Sires, Albio, N.J., E1679 Brady, Robert A., Pa., E1676 Marchant, Kenny, Tex., E1676, E1677 Stark, Fortney Pete, Calif., E1678 Bucshon, Larry, Ind., E1676 Mica, John L., Fla., E1671 Sutton, Betty, Ohio, E1675 Canseco, Francisco ‘‘Quico’’, Tex., E1680 Moore, Gwen, Wisc., E1677 Thompson, Mike, Calif., E1679 Coffman, Mike, Colo., E1673 Neal, Richard E., Mass., E1675 Walden, Greg, Ore., E1676 DeLauro, Rosa L., Conn., E1678 Pingree, Chellie, Me., E1669 Wasserman Schultz, Debbie, Fla., E1673 Filner, Bob, Calif., E1670 Poe, Ted, Tex., E1672 Wolf, Frank R., Va., E1673, E1678, E1679 Frelinghuysen, Rodney P., N.J., E1675 Quayle, Benjamin, Ariz., E1677 Young, C.W. Bill, Fla., E1669, E1670

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