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

Vol. 158 WASHINGTON, MONDAY, MARCH 5, 2012 No. 35 House of Representatives The House met at 12 p.m. and was I believe that, in light of that fact, in the country, and was guilty of one called to order by the Speaker pro tem- it’s important for President Putin to thing and one thing only, that being pore (Mr. DENHAM). recognize that, contrary to what he opposing Vladimir Putin. The prospect f said in his acceptance speech last of his release would be a very welcome night, we do not want to destroy Rus- sign. DESIGNATION OF SPEAKER PRO sia. I believe that it is very important I also think, Mr. Speaker, that as we TEMPORE that we take every step that we can to look at the prospect of the appoint- The SPEAKER pro tempore laid be- encourage a strong, vibrant, growing, ment of a new prime minister, there fore the House the following commu- independent, democratic Russia. I’m are names that have been thrown out nication from the Speaker: not going to, as President Putin said there. Alexei Kudrin, who formerly WASHINGTON, DC, last night, dictate from the West what served as finance minister, would be March 5, 2012. he should do, but I do think that those someone who would be very welcome in I hereby appoint the Honorable JEFF of us, like the United States of Amer- light of the fact that he has actually DENHAM to act as Speaker pro tempore on ica, a country that has had a 223-year engaged the protesters. this day. history of democracy, could provide a So, Mr. Speaker, I throw these pro- JOHN A. BOEHNER, little bit of advice to a country that is posals out simply because I believe Speaker of the House of Representatives. just now beginning to enter its third that we need to have a strong, vibrant, f decade of democracy and obviously has growing Russia. We need to recognize MORNING-HOUR DEBATE had more than a few challenges. that those countries that are formerly Now, Mr. Speaker, I think that if we part of the Soviet Union should also The SPEAKER pro tempore. Pursu- look at some of the recommendations, have an opportunity to be strong, vi- ant to the order of the House of Janu- the economists last week pointed to brant, democratic, and independent ary 17, 2012, the Chair will now recog- some very positive steps that could without facing repression. nize Members from lists submitted by allow President Putin to, rather than I do also believe, Mr. Speaker, that the majority and minority leaders for repressing the opposition that he faces, as we look at the debate that we’re morning-hour debate. embrace it. Now, what could he do? going to face here, that bringing Rus- The Chair will alternate recognition First, he could announce that this 6- sia into a rules-based trading system between the parties, with each party year term will be his last term, that he by seeing them join the World Trade limited to 1 hour and each Member will not run again as President of Rus- Organization would be a very positive other than the majority and minority sia. thing as we pursue our shared goals. leaders and the minority whip limited Second, it would be very important So, again, as we look forward to the to 5 minutes each, but in no event shall in light of all of the controversy that important relationship between Russia debate continue beyond 1:50 p.m. took place following last December’s and the United States of America, I f parliamentary elections for him to call wish President-elect Putin hearty con- new parliamentary elections so we gratulations. PRESIDENT PUTIN could have a greater degree of trans- f The SPEAKER pro tempore. The parency and accountability. RECESS Chair recognizes the gentleman from Third, as we look at the prospect of California (Mr. DREIER) for 5 minutes. provincial elections, what are tanta- The SPEAKER pro tempore. Pursu- Mr. DREIER. Mr. Speaker, I rise to mount to governorships, having those ant to clause 12(a) of rule I, the Chair extend congratulations to Vladimir elections being free and fair would be a declares the House in recess until 2 Putin for his election to become Presi- very positive thing. p.m. today. dent of Russia. We saw the reports yes- Additionally, I was very glad to hear Accordingly (at 12 o’clock and 9 min- terday. There were nearly 100,000 Web the news this morning from current utes p.m.), the House stood in recess. cams that followed the voting stations President Dmitry Medvedev about the f all across Russia, and even though prospect of releasing my friend who sat b 1400 there have been reports from the Orga- with me on numerous occasions here in nization For Security and Cooperation the Capitol, Mikhail Khodorkovsky, AFTER RECESS in Europe of voting violations, we are who was the head of Yukos Oil, one of The recess having expired, the House where we are. Vladimir Putin is going the great energy companies in the was called to order by the Speaker pro to be the next President of Russia. world, and was a great philanthropist tempore (Mr. DENHAM) at 2 p.m.

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

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VerDate Mar 15 2010 04:10 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A05MR7.000 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1138 CONGRESSIONAL RECORD — HOUSE March 5, 2012 PRAYER technical expertise for developing the individual mandate is unconstitu- The Chaplain, the Reverend Patrick SMRs are welcome. tional, and I hope they do. But what if J. Conroy, offered the following prayer: I would like to congratulate Dwayne they leave the rest of the law intact? Dear Lord, we give You thanks for Wilson at the Savannah River Nuclear Then we will have a real problem, and giving us another day. Solutions and Dr. Terry Michalske at this House needs to be prepared to deal At the beginning of a new workweek, the Savannah River National Labora- with that problem and lead on this we use this moment to be reminded of tory. I’m also very proud of Dr. Dave issue. Your presence and to tap the resources Moody’s efforts in creating such a fit- In recent filings by the administra- needed by the Members of this people’s ting environment to host this techno- tion, it’s apparent that they even ac- House to do their work as well as it can logical advancement at no new cost to knowledge the difficulties inherent in be done. the taxpayer. Congratulations to Chief throwing out the individual mandate May they be led by Your Spirit in the Engineer Gordon Simmons and Dr. but keeping things like guarantee issue decisions they make. May they possess Benjamin Cross for their article on and community rating; and, in fact, Your power as they steady themselves Ameresco Biomass and small modular they asked that these two codependent amid the pressures of persistent prob- reactors in this month’s The Military policies be severed under the law. lems. May their faith in You deliver Engineer magazine. States’ attempts in the past to con- them from tensions that tear the In conclusion, God bless our troops, stitute guarantee issue and community House apart and from worries that and we will never forget September the rating have resulted in insurance costs might wear them out. 11th in the global war on terrorism. becoming inexorably higher, the num- All this day and through the week, f ber of people who purchase insurance may they do their best to find solu- ADVERTISERS PLAY A ROLE IN irrevocably lower, and, as a con- tions to pressing issues facing our Na- POLITICS sequence, the entire system is at risk tion. Please hasten the day when jus- of completely imploding. (Mr. COHEN asked and was given per- tice and love shall dwell in the hearts Mr. Speaker, we need to be prepared mission to address the House for 1 of all peoples and rule the affairs of the for this. The Supreme Court is going to minute.) nations of Earth. hear the case next month. They’ll rule Mr. COHEN. Mr. Speaker, last night, May all that is done this day be for by the end of June, and this House I rested very well on my Sleep Number Your greater honor and glory. needs to be ready to lead. bed knowing that the company had Amen. pulled its ads from Rush Limbaugh’s f show. f THE JOURNAL In light of Limbaugh’s recent misogynistic attack on Georgetown COMMENDING PRESIDENT The SPEAKER pro tempore. The student Sandra Fluke’s fight to obtain OBAMA’S PROPOSALS REGARD- Chair has examined the Journal of the affordable, legal birth control for ING HIGHER EDUCATION last day’s proceedings and announces women, I have been drawn to the im- to the House his approval thereof. (Mr. FALEOMAVAEGA asked and portant part that advertisers play in was given permission to address the Pursuant to clause 1, rule I, the Jour- politics. nal stands approved. House for 1 minute and to revise and The use of airwaves to spread hatred extend his remarks.) f of women is wrong. Those advertisers Mr. FALEOMAVAEGA. Mr. Speaker, who support broadcasters who do so are PLEDGE OF ALLEGIANCE President Obama stated recently that nothing less than accessories to the ‘‘no issue will have a bigger impact on The SPEAKER pro tempore. Will the crime. Advertisers’ money keeps these the future performance of our economy gentleman from South Carolina (Mr. vitriolic and hateful shows and hosts than education.’’ I commend President WILSON) come forward and lead the on the air. Obama for backing up this statement House in the Pledge of Allegiance. Talk radio has gone too far, and it’s with key proposals that will make Mr. WILSON of South Carolina led long past time that advertisers take higher education more affordable for the Pledge of Allegiance as follows: the initiative and recognize that shows college students throughout our great I pledge allegiance to the Flag of the they support often spread lies and Nation. United States of America, and to the Repub- hateful speech. I commend those adver- President Obama’s proposal would in- lic for which it stands, one nation under God, tisers who pulled their ads from this crease Federal investment in the Per- indivisible, with liberty and justice for all. show, and I await those who follow. kins loan program from $1 billion to $8 f Companies like Sleep Number will keep billion, while rewarding colleges and my business, and my next order of EXCITEMENT ABOUT SMALL MOD- universities that lower tuition costs flowers will come from ProFlowers. ULAR REACTORS AT THE SA- and provide value to especially low-in- But this isn’t just about Mr. VANNAH RIVER SITE come students. President Obama also Limbaugh’s recent, as he called it, ‘‘in- wants to increase the Pell Grant pro- (Mr. WILSON of South Carolina sulting word choices’’ as his sub- gram for millions of college students. asked and was given permission to ad- standard apology stated; it’s about dress the House for 1 minute and to re- every advertiser who chooses to en- President Obama has also proposed a vise and extend his remarks.) dorse the spread of hateful words and ‘‘Pay As You Earn’’ plan to allow stu- Mr. WILSON of South Carolina. Mr. misinformation on America’s airwaves. dents to put a cap on their monthly payments and allow debt forgiveness Speaker, last Friday, the Department f of Energy announced its decision to balances after 20 years of payments. bring small modular nuclear reactor INTERCONNECTED: THE INDI- Like the GI education bill that technology to the Savannah River Site VIDUAL MANDATE AND INSUR- helped provide college education for in Aiken and Barnwell, South Carolina. ANCE REFORMS millions of our veterans after World SRS plays a vital role not only in the (Mr. BURGESS asked and was given War II, these programs are critical to Aiken-Barnwell community, but also permission to address the House for 1 giving our young generation of college on a national level, as it enables the minute and to revise and extend his re- students a greater chance to complete United States to honor its inter- marks.) their college education. As a Vietnam national nuclear nonproliferation com- Mr. BURGESS. Mr. Speaker, health veteran, even I would not have com- mitments. care continues to be an important pleted my education if it had not been At a time when gas prices are at an topic in this country. A lot of people for the GI Bill. all-time high and American families ask me, What keeps you awake at Mr. Speaker, I commend President are increasingly facing tough choices, night? I’ll tell you. Obama for his leadership and initiative commonsense measures such as using Right now, the Supreme Court is to provide good quality education for existing government facilities and going to hear this law. They could find all our young generation of Americans.

VerDate Mar 15 2010 01:40 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.003 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 5, 2012 CONGRESSIONAL RECORD — HOUSE H1139 b 1410 COMMUNICATION FROM THE tional emergency with respect to the CLERK OF THE HOUSE actions and policies of certain mem- STAND BY ISRAEL The SPEAKER pro tempore laid be- bers of the Government of Zimbabwe (Mr. GOHMERT asked and was given fore the House the following commu- and other persons to undermine permission to address the House for 1 nication from the Clerk of the House of Zimbabwe’s democratic processes or in- minute.) Representatives: stitutions is to continue in effect be- yond March 6, 2012. Mr. GOHMERT. Mr. Speaker, we’re OFFICE OF THE CLERK, The crisis constituted by the actions glad that the President took time out HOUSE OF REPRESENTATIVES, of his schedule from apologizing to peo- Washington, DC, March 2, 2012. and policies of certain members of the ple who apparently want others to pay Hon. JOHN A. BOEHNER, Government of Zimbabwe and other for their contraceptives so that he The Speaker, U.S. Capitol, House of Representa- persons to undermine Zimbabwe’s tives, Washington, DC. could see Prime Minister Netanyahu democratic processes or institutions DEAR MR. SPEAKER: Pursuant to the per- today. He reiterated again what he said has not been resolved. These actions mission granted in Clause 2(h) of Rule II of and policies continue to pose an un- last May at AIPAC when he said—in the Rules of the U.S. House of Representa- the middle of a lot of other com- tives, the Clerk received the following mes- usual and extraordinary threat to the ments—that Israel must be able to de- sage from the Secretary of the Senate on foreign policy of the United States. For fend itself by itself. He reiterated that March 2, 2012 at 10:18 a.m.: these reasons, I have determined that again yesterday and today. The prob- That the Senate agreed to S. Con. Res. 35. it is necessary to continue this na- lem is for Israel to defend itself means That the Senate agreed to S. Con. Res. 36. tional emergency and to maintain in With best wishes, I am force the sanctions to respond to this they’re defending us. We’ve been de- Sincerely, scribed as the Great Satan, the United threat. KAREN L. HAAS, The United States welcomes the op- States, and Israel the Little Satan. Clerk of the House. portunity to modify the targeted sanc- It’s time for this President to quit f trying to suppress our friend Israel and tions regime when blocked persons stand with Israel; but if this President COMMUNICATION FROM THE demonstrate a clear commitment to re- will not stand with Israel, then don’t CLERK OF THE HOUSE spect the rule of law, democracy, and make threats to them about what The SPEAKER pro tempore laid be- human rights. The United States has we’re going to do if they defend them- fore the House the following commu- committed to continue its review of selves without our okay. They’ve al- nication from the Clerk of the House of the targeted sanctions list for ready been given the okay by the Representatives: Zimbabwe to ensure it remains current and addresses the concerns for which it President, saying they must defend OFFICE OF THE CLERK, themselves by themselves. I hope and HOUSE OF REPRESENTATIVES, was created. We hope that events on pray we will stand by Israel as they de- Washington, DC, March 2, 2012. the ground will allow us to take addi- fend themselves—and us. Hon. JOHN A. BOEHNER, tional action to recognize progress in The Speaker, The Capitol, House of Representa- Zimbabwe in the future. The goal of a f tives, Washington, DC. peaceful, democratic Zimbabwe re- DEAR MR. SPEAKER: Pursuant to the per- mains foremost in our consideration of mission granted in Clause 2(h) of Rule II of any action. AIR CAPITAL AMBUCS the Rules of the U.S. House of Representa- tives, I have the honor to transmit a sealed BARACK OBAMA. (Mr. POMPEO asked and was given THE WHITE HOUSE, March 2, 2012. permission to address the House for 1 envelope received from the White House on minute and to revise and extend his re- March 2, 2012, at 11:23 a.m., and said to con- f tain a message from the President whereby marks.) he notifies the Congress he has extended the RECESS Mr. POMPEO. Mr. Speaker, today I national emergency with respect to The SPEAKER pro tempore. Pursu- rise to commend the Air Capital Chap- Zimbabwe. ant to clause 12(a) of rule I, the Chair ter of AMBUCS. With best wishes, I am declares the House in recess until ap- AMBUCS provides mobility and Sincerely, proximately 5 p.m. today. transportation for people with disabil- KAREN L. HAAS, Clerk of the House. Accordingly (at 2 o’clock and 16 min- ities. They provide therapeutic tri- utes p.m.), the House stood in recess. cycles and bicycles to children and vet- f f erans with disabilities, and they give CONTINUATION OF THE NATIONAL along with that the sense of freedom EMERGENCY WITH RESPECT TO b 1700 and hope that comes with being able to THE SITUATION IN ZIMBABWE— AFTER RECESS be transported. MESSAGE FROM THE PRESIDENT Last year, my local chapter—appro- OF THE UNITED STATES (H. DOC. The recess having expired, the House priately named the Air Capital Chapter NO. 112–92) was called to order by the Speaker pro of AMBUCS—provided Marine Sergeant tempore (Mr. BROOKS) at 5 p.m. The SPEAKER pro tempore laid be- Jonathan Blank of Augusta with an f AmTryke bike. It allowed him to re- fore the House the following message gain some of his mobility. Sergeant from the President of the United ANNOUNCEMENT BY THE SPEAKER Blank, having lost both legs in an ex- States; which was read and, together PRO TEMPORE plosion last year in Afghanistan, has with the accompanying papers, referred The SPEAKER pro tempore. Pursu- been in physical therapy to learn to to the Committee on Foreign Affairs ant to clause 8 of rule XX, the Chair use his prosthetic legs. The AMBUCS- and ordered to be printed: will postpone further proceedings provided bike has allowed him to get To the Congress of the United States: today on motions to suspend the rules exercise and stay healthy—strength- Section 202(d) of the National Emer- on which a recorded vote or the yeas ening his body and helping him walk gencies Act (50 U.S.C. 1622(d)) provides and nays are ordered, or on which the with prosthetics sooner. for the automatic termination of a na- vote incurs objection under clause 6 of Air Capital AMBUCS has now pro- tional emergency unless, within 90 rule XX. vided over 30 specialty bikes since they days prior to the anniversary date of Record votes on postponed questions were first chartered just 11⁄2 years ago its declaration, the President publishes will be taken after 6:30 p.m. today. and are now one of the top five organi- in the Federal Register and transmits to f zations all across the country—quite the Congress a notice stating that the an impressive accomplishment. I would emergency is to continue in effect be- ROY SCHALLERN ROOD POST like to thank the Air Capital AMBUCS yond the anniversary date. In accord- OFFICE BUILDING all-volunteer staff for the amazing ance with this provision, I have sent to Mr. FARENTHOLD. Mr. Speaker, I work they do and their dedication to the Federal Register for publication the move to suspend the rules and pass the this very noble cause. enclosed notice stating that the na- bill (H.R. 3637) to designate the facility

VerDate Mar 15 2010 04:10 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.005 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1140 CONGRESSIONAL RECORD — HOUSE March 5, 2012 of the United States Postal Service lo- nating the United States Postal Serv- Shortly after the attack on Pearl cated at 401 Old Dixie Highway in Jupi- ice located in my district at 401 Old Harbor, Mr. Rood elected to join the ter, Florida, as the ‘‘Roy Schallern Dixie Highway in Jupiter, Florida, as fight for freedom by enlisting in the Rood Post Office Building’’. the Roy Rood Post Office Building. U.S. Navy in 1941. During his tour of The Clerk read the title of the bill. Roy was a longtime resident and a duty with the U.S. Navy in World War The text of the bill is as follows: founding father of my hometown of II, Mr. Rood served with dignity and H.R. 3637 Tequesta, Florida. Roy was born in 1918 honor as a trained instructor and avia- Be it enacted by the Senate and House of Rep- on a farm in Jupiter, Florida, one of 11 tion mechanic. Mr. Rood was stationed resentatives of the United States of America in children. Roy’s childhood was spent on the USS Hollandia C–97, which was Congress assembled, working on his family’s dairy farm part of the fleet that participated in SECTION 1. ROY SCHALLERN ROOD POST OFFICE where he learned the value of a hard the Second Battle of Guam in 1944. BUILDING. day’s work and fostered his love of the After his service in World War II, Mr. (a) DESIGNATION.—The facility of the outdoors. The Rood farm was also United States Postal Service located at 401 Rood returned to his home in south Old Dixie Highway in Jupiter, Florida, shall home to Tequesta’s first post office. Florida where he started a successful be known and designated as the ‘‘Roy Rood joined the U.S. Navy in 1941, landscaping business that actually con- Schallern Rood Post Office Building’’. following the attack on Pearl Harbor. tinues to operate and thrive to this (b) REFERENCES.—Any reference in a law, He served with dignity and honor as a day. As the founder of the town of map, regulation, document, paper, or other trained instructor and aviation me- Tequesta, Florida, Mr. Rood has been a record of the United States to the facility re- chanic throughout World War II. Rood philanthropic and valuable member of ferred to in subsection (a) shall be deemed to was stationed on the USS Hollandia C– that community. be a reference to the ‘‘Roy Schallern Rood 97, a jeep aircraft carrier that was part Post Office Building’’. That said, Mr. Speaker, let us honor of the fleet that participated in the the service and life of this fine Amer- The SPEAKER pro tempore. Pursu- Battle of Guam. By the end of the war, ant to the rule, the gentleman from ican citizen by renaming the Old Dixie Roy had risen to the rank of aviation Highway Post Office in Jupiter, Flor- Texas (Mr. FARENTHOLD) and the gen- mate first class and was an acting chief ida, as the Roy Schallern Rood Post Of- tleman from New York (Mr. CROWLEY) petty officer. each will control 20 minutes. fice Building. Following the war, Roy returned With that, Mr. Speaker, I yield back The Chair recognizes the gentleman home to Florida where he started a from Texas. the balance of my time. landscaping business that continues Mr. FARENTHOLD. Mr. Speaker, we GENERAL LEAVE today. Before his death in October of can never do enough for our veterans, Mr. FARENTHOLD. Mr. Speaker, I last year, Roy Rood helped found men like Roy Rood who have sacrificed yield myself as much time as I may American Legion Post 271, of which I’m and risked it all in the name of free- consume. a member; the local Kiwanis Club; the dom. I ask unanimous consent that all First Bank of Jupiter; and Jupiter While it has been over 60 years since Members may have 5 legislative days Christian School. World War II, we must never forget the in which to revise and extend their re- Tequesta has seen many changes over sacrifices made by these people and so marks and include extraneous material the last 60 years and has grown due to many others during that time. To on the bill under consideration. the hard work and dedicated lives of those who have fought and served, to The SPEAKER pro tempore. Is there people like Roy Rood. He was a fixture those who protect and defend our great objection to the request of the gen- in my own hometown of Tequesta and country each and every day, thank tleman from Texas? in the many philanthropic organiza- There was no objection. you. Remember, Mr. Speaker, freedom tions along the Treasure Coast, and is not free. Mr. FARENTHOLD. H.R. 3637, intro- they are directly attributed to his ef- duced by the gentleman from Florida I urge all Members to join me in forts. The residents of Tequesta are strong support of this bill, H.R. 3637, (Mr. ROONEY), would designate the fa- lucky to call Roy Rood our town’s and I yield back the balance of my cility of the United States Postal Serv- founding father. It would be a fitting ice located at 401 Old Dixie Highway in time. tribute to Roy Rood’s legacy and serv- The SPEAKER pro tempore. The Jupiter, Florida, as the Roy Schallern ice to name the post office in Jupiter question is on the motion offered by Rood Post Office Building. in his honor. the gentleman from Texas (Mr. The bill was favorably reported by Mr. Speaker, over the last several FARENTHOLD) that the House suspend the committee on Oversight and Gov- years, I got to know Mr. Rood and his ernment Reform on February 7 of this the rules and pass the bill, H.R. 3637. wife personally. I can honestly say The question was taken. year. there is no better, gentler, and kinder The SPEAKER pro tempore. In the Mr. Speaker, it is altogether fitting man than Mr. Rood. He will truly be opinion of the Chair, two-thirds being and proper that we name this post of- missed. in the affirmative, the ayes have it. fice in Jupiter, Florida, for Roy Rood, Mr. CROWLEY. Mr. Speaker, I yield Mr. FARENTHOLD. Mr. Speaker, on a servant to his local community and a myself such time as I may consume. that I demand the yeas and nays. veteran who served in World War II. On behalf of the minority of the Com- The yeas and nays were ordered. Recently, Mr. Speaker, I had the tre- mittee on Oversight and Government The SPEAKER pro tempore. Pursu- mendous honor of awarding a World Reform, I rise in support of the consid- ant to clause 8 of rule XX, further pro- War II veteran in my own district that eration of H.R. 3637, a bill to designate ceedings on this question will be post- I represent, Sergeant Arthur the facility of the United States Postal poned. Nowakowski, his Silver Star for Service located at 401 Old Dixie High- f heroics he displayed over 60 years ago. way in Jupiter, Florida, as the Roy To Sergeant Nowakowski and Roy Schallern Rood Post Office Building. PRIVATE ISAAC T. CORTES POST Rood and all of those who risked their The measure before us was intro- OFFICE lives and fought for the freedoms we duced by my good friend, Representa- Mr. FARENTHOLD. Mr. Speaker, I hold dear today, thank you. Whether tive TOM ROONEY, on December 12 of move to suspend the rules and pass the we present commendation medals or last year in accordance with com- bill (H.R. 3413) to designate the facility name post offices to honor our coura- mittee requirements. H.R. 3637 is co- of the United States Postal Service lo- geous veterans, these are small thanks sponsored by all Members of the Flor- cated at 1449 West Avenue in Bronx, and the very least that we can do for ida delegation and was favorably re- New York, as the ‘‘Private Isaac T. those who have sacrificed so much for ported out of the Oversight and Gov- Cortes Post Office’’. our Nation. ernment Reform Committee by unani- The Clerk read the title of the bill. I would now like to yield as much mous consent on February 7, 2012. The text of the bill is as follows: time as he may consume to the gen- H.R. 3637 honors the life and legacy H.R. 3413 tleman from Florida (Mr. ROONEY). of Roy Rood, a Navy chief petty officer Be it enacted by the Senate and House of Rep- Mr. ROONEY. Mr. Speaker, today I and business pioneer from Tequesta, resentatives of the United States of America in rise in support of the legislation desig- Florida. Congress assembled,

VerDate Mar 15 2010 04:10 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.009 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 5, 2012 CONGRESSIONAL RECORD — HOUSE H1141 SECTION 1. PRIVATE ISAAC T. CORTES POST OF- loved. He put his own life in harm’s ice of a World War II veteran, really FICE. way so that we can remain the land of showing the link between that great (a) DESIGNATION.—The facility of the the free. war to preserve democracy and freedom United States Postal Service located at 1449 For that, Mr. Speaker, I’m truly West Avenue in Bronx, New York, shall be throughout the world and the sacrifices known and designated as the ‘‘Private Isaac grateful. The least we can do, Mr. that have been made and continue to T. Cortes Post Office’’. Speaker, is to honor him and his brave be made in a part of the world in the (b) REFERENCES.—Any reference in a law, service to our Nation by naming this Middle East, in Iraq and Afghanistan, map, regulation, document, paper, or other post office after him. I urge all Mem- to preserve those same freedoms that record of the United States to the facility re- bers to join me in support of this bill. we hold dear, that Private Cortes held ferred to in subsection (a) shall be deemed to I reserve the balance of my time. dear, and as the people of the Bronx be a reference to the ‘‘Private Isaac T. Mr. CROWLEY. Mr. Speaker, I yield hold dear. Cortes Post Office’’. myself such time as I may consume. Just a note, Mr. Speaker, my col- Mr. Speaker, my colleagues, I rise in The SPEAKER pro tempore. Pursu- league was talking about Bronx, New strong support of H.R. 3413, a bill I au- ant to the rule, the gentleman from York. There are only three parts of the thored to rename the United States Texas (Mr. FARENTHOLD) and the gen- world that begin with ‘‘the’’: the Vati- Postal Service facility at 1449 West Av- tleman from New York (Mr. CROWLEY) can, The Hague, and the Bronx, some- enue in the Bronx, New York, in honor each will control 20 minutes. times said ‘‘da’’ Bronx. of Private Isaac T. Cortes, who trag- The Chair recognizes the gentleman But the Bronx is very proud of its ically lost his life outside Amerli, Iraq, from Texas. sons and daughters, many of whom on November 27, 2007. b 1710 Private Cortes lived his life by a sim- have paid the ultimate sacrifice in war- time; and this wartime is not unlike GENERAL LEAVE ple motto, ‘‘Go big or go home,’’ which any other, continues to sacrifice, as do Mr. FARENTHOLD. Mr. Speaker, I can also be used to describe Isaac’s de- the sons and daughters of New York yield myself such time as I may con- cision to join the Army. Certainly City and New York itself. sume. there can be no more fitting instance So, Mr. Speaker, in recognition of I ask unanimous consent that all of following the words he lived by than Private Isaac T. Cortes’ commitment Members may have 5 legislative days his decision to serve his country at a to the Bronx, to New York City, to New within which to revise and extend their time when our country was fighting, York State, and to his beloved country, remarks and to include extraneous ma- not one, but two wars. I ask my colleagues to join me in com- terial on the bill under consideration. Isaac joined the Army in part be- memorating the life of this brave sol- The SPEAKER pro tempore. Is there cause he felt that it would help him dier by supporting the passage of H.R. objection to the request of the gen- achieve his dream of one day becoming 3413 tleman from Texas? a member of the New York City Police With that, Mr. Speaker, I yield back There was no objection. Department, but quickly discovered the balance of my time and once again Mr. FARENTHOLD. Mr. Speaker, that the Army was his true calling. wish Emily Toro and the entire Cortes H.R. 3413, introduced by the gentleman Private Cortes loved the Army and loved the feeling of pride for country family our regards. from New York (Mr. CROWLEY), would Mr. FARENTHOLD. Mr. Speaker, I designate the facility of the United and community he felt when he wore the U.S. Army uniform, a pride so urge all Members to support the pas- States Postal Service located at 1449 strong that Private Cortes intended to sage of H.R. 3413, honoring the service West Avenue in Bronx, New York, as make a career in the Army, a career in in memory of Private Isaac Cortes and the Private Isaac T. Cortes Post Office. the service of his country. Unfortu- the sacrifices of his family, including H.R. 3413 was reported favorably by the nately, that dream was cut short on Mrs. Toro, his service to this country Committee on Oversight and Govern- November 27, 2007, when Private and to the Bronx, by naming this post ment Reform on February 7 of this Cortes, his Humvee, was hit by an IED, office in his honor. year. killing him instantly. With that, I yield back the balance of Mr. Speaker, Private Isaac T. Cortes While Private Cortes did not get the my time. was born and raised in the Bronx and chance to come home, his memory and The SPEAKER pro tempore. The joined the Army in November of 2006. spirit lives on through the love of his question is on the motion offered by While at one time Private Cortes had family, friends, country, and commu- the gentleman from Texas (Mr. aspirations of becoming a police officer nity. FARENTHOLD) that the House suspend with the New York City Police Depart- The Army has recognized Private the rules and pass the bill, H.R. 3413. ment, his desire to serve and protect Cortes’ exceptional service by award- The question was taken; and (two- his country as a soldier soon won out. ing him the Purple Heart, the Bronze thirds being in the affirmative) the According to his brother, Private Star, the National Defense Service rules were suspended and the bill was Cortes was ‘‘proud doing what he did.’’ Medal, the Iraq Campaign Medal, the passed. He wanted to continue serving in the Global War on Terrorism Service A motion to reconsider was laid on Army and serve to fight against ter- Medal, and the Army Service Ribbon. the table. rorism. Known for a big heart and his loving In September of 2007, Private Cortes ways, his family honors his memory by f deployed to Iraq to support Operation hosting blood, clothing, food, and toy Iraqi Freedom and served as an infan- drives. And today, we have the oppor- b 1720 try squad leader in the 10th Mountain tunity to do our part to contribute to Division based out of Fort Drum, New his legacy by passing this legislation, JAMES M. FITZGERALD UNITED York. which will ensure his courage, integ- STATES COURTHOUSE Sadly, Mr. Speaker, less than 3 rity, and sacrifice will live on to in- months later, on November 27, 2007, spire future generations to live up to Mr. DENHAM. Mr. Speaker, I move Private Cortes died when the vehicle his example. to suspend the rules and pass the bill that he was riding in was struck by an There is nothing the government can (S. 1710) to designate the United States improvised explosive device. He was do that will ever live up to Isaac’s ‘‘go courthouse located at 222 West 7th Ave- just 26 years old. big’’ moment or erase the burden felt nue, Anchorage, Alaska, as the James For his bravery and courage, Mr. by his family, especially his mother, M. Fitzgerald United States Court- Speaker, Private Cortes was awarded Emily Toro, who I know is watching house. the Purple Heart and the Bronze Star. the proceedings now; but, by passing The Clerk read the title of the bill. Mr. Speaker, it is altogether fitting this bill, at least this Congress can do The text of the bill is as follows: and proper that we name this post of- something to help ensure that his S. 1710 fice in honor of Private Cortes. This memory survives. Be it enacted by the Senate and House of Rep- man made the ultimate sacrifice fight- I think it only appropriate that prior resentatives of the United States of America in ing to protect the country that he to passing this bill we honor the serv- Congress assembled,

VerDate Mar 15 2010 04:10 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A05MR7.010 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1142 CONGRESSIONAL RECORD — HOUSE March 5, 2012 SECTION 1. JAMES M. FITZGERALD UNITED legal community. Judge Fitzgerald was World War II to the time he served on STATES COURTHOUSE. a World War II veteran, serving in both the State of Alaska’s highest court, (a) DESIGNATION.—The United States court- the U.S. Army and the U.S. Marines. Judge Fitzgerald always put his coun- house located at 222 West 7th Avenue, An- chorage, Alaska, shall be known and des- He was awarded the Distinguished Fly- try and State first. From 1959 until his ignated as the ‘‘James M. Fitzgerald United ing Cross and an Air Medal for his mili- retirement in 2006, he served with dis- States Courthouse’’. tary service and was honorably dis- tinction as a State and Federal judge (b) REFERENCES.—Any reference in a law, charged in December 1946. unanimously praised for his brilliance, map, regulation, document, paper, or other After his military service, Judge his modest nature, and his sense of jus- record of the United States to the United Fitzgerald earned his LL.B. and B.A. tice. States courthouse referred to in subsection simultaneously from Willamette Uni- In addition to serving as a judge, (a) shall be deemed to be a reference to the versity and graduated in 1951. Soon Judge Fitzgerald was a decorated ‘‘James M. Fitzgerald United States Court- house’’. after graduation, Judge Fitzgerald was World War II Marine veteran, a pros- appointed as an Assistant U.S. Attor- ecutor, Alaska’s first commissioner of The SPEAKER pro tempore. Pursu- ney in Ketchikan, Alaska, and Anchor- public safety, and the initiator of what ant to the rule, the gentleman from age, Alaska, earning a reputation as a would become the Alaska State Troop- California (Mr. DENHAM) and the gen- prosecutor willing to take on corrup- ers and the Alaska Village Public Safe- tlewoman from the District of Colum- tion in law enforcement. In 1959, he was ty Officer Program. bia (Ms. NORTON) each will control 20 appointed by the governor of Alaska as I am proud to have helped cham- minutes. the legal counsel for the State, and pioned this legislation to designate the The Chair recognizes the gentleman shortly thereafter was appointed as the United States courthouse in Anchorage from California. State’s first commissioner of public as the James M. Fitzgerald United GENERAL LEAVE safety. Judge Fitzgerald was later ap- States Courthouse. He was a great Mr. DENHAM. Mr. Speaker, I ask pointed as a Superior Court judge in man, and this will ensure his life and unanimous consent that all Members 1959 and in 1972 to the Alaska Supreme accomplishments are properly memori- may have 5 legislative days in which to Court. alized in my State. Again, I urge all of revise and extend their remarks and in- In 1975, President Gerald Ford ap- my colleagues to support this legisla- clude extraneous material on S. 1710. pointed Judge Fitzgerald as the first tion. The SPEAKER pro tempore. Is there district judge for the District of Alas- Ms. NORTON. Mr. Speaker, I yield objection to the request of the gen- ka. Nine years later, Judge Fitzgerald back the balance of my time. tleman from California? was appointed chief judge for the Dis- Mr. DENHAM. Mr. Speaker, I yield There was no objection. trict of Alaska, where he served until back the balance of my time. Mr. DENHAM. Mr. Speaker, I yield he assumed senior status in 1989. Judge The SPEAKER pro tempore. The myself such time as I may consume. Fitzgerald continued to serve as a question is on the motion offered by Senate bill 1710 would designate the judge in Alaska and on the Ninth Cir- the gentleman from California (Mr. United States courthouse located at 222 cuit until his death on April 3, 2011. In DENHAM) that the House suspend the West Seventh Avenue, Anchorage, total, Judge Fitzgerald spent 53 years rules and pass the bill, S. 1710. Alaska, as the James M. Fitzgerald on the bench. Because Judge Fitzgerald The question was taken; and (two- United States Courthouse. took on his first judicial appointment thirds being in the affirmative) the Just last week, the Subcommittee on the same year as Alaska achieved rules were suspended and the bill was Economic Development, Public Build- statehood, he had a unique role in passed. ings and Emergency Management, shaping all Alaskan jurisprudence. A motion to reconsider was laid on which I chair, marked up the House Because of Judge Fitzgerald’s service the table. companion bill introduced by Congress- as a member of the U.S. military and f man DON YOUNG of Alaska, and I want his contribution to the Alaskan and RECESS to thank him for his leadership on this the U.S. legal community, it is appro- issue. priate to designate the United States The SPEAKER pro tempore. Pursu- Judge James M. Fitzgerald had 47 courthouse located in Anchorage, Alas- ant to clause 12(a) of rule I, the Chair years of experience as a judge, both in ka, as the James M. Fitzgerald United declares the House in recess until ap- the State of Alaska and on the Federal States Courthouse. I commend my col- proximately 6:30 p.m. today. bench. He was one of the first judges league from Alaska who sponsored this Accordingly (at 5 o’clock and 29 min- appointed to the Superior Court in bill for his recognition of the judge, utes p.m.), the House stood in recess. Alaska when Alaska became a State in and I urge my colleagues to join me in f 1959 and was later appointed to the supporting this legislation. b 1830 Alaska Supreme Court in 1972. Mr. Speaker, I reserve the balance of In 1974, President Ford appointed my time. AFTER RECESS Judge Fitzgerald to the U.S. District Mr. DENHAM. Mr. Speaker, I yield 2 The recess having expired, the House Court for the District of Alaska, where minutes to the gentleman from Alaska was called to order by the Speaker pro he remained until his retirement in (Mr. YOUNG). tempore (Mr. DENHAM) at 6 o’clock and 2006. I think it is more than fitting (Mr. YOUNG of Alaska asked and was 30 minutes p.m. that a Federal courthouse in Anchor- given permission to revise and extend f age bear his name. I support passage of his remarks.) this legislation and urge my colleagues Mr. YOUNG of Alaska. Mr. Speaker, I REPORT ON RESOLUTION PRO- to do the same. do thank the gentleman for yielding. VIDING FOR CONSIDERATION OF I reserve the balance of my time. S. 1710, this legislation, as has been H.R. 2842, BUREAU OF RECLAMA- Ms. NORTON. Mr. Speaker, I yield mentioned by both speakers, will name TION SMALL CONDUIT HYDRO- myself such time as I may consume. the Federal courthouse in Anchorage POWER DEVELOPMENT AND Mr. Speaker, I rise in support of S. after the late Judge James Martin RURAL JOBS ACT OF 2011 1710 and am pleased to speak in support Fitzgerald. James Fitzgerald served Mr. BISHOP of Utah, from the Com- of the bill that names the United Alaska from 1959 to 2006 on the first mittee on Rules, submitted a privi- States courthouse located at 222 West Alaska Superior Court bench, on the leged report (Rept. No. 112–408) on the Seventh Avenue in Anchorage, Alaska, Alaska Supreme Court, and on the U.S. resolution (H. Res. 570) providing for as the James M. Fitzgerald United District Court for the District of Alas- consideration of the bill (H.R. 2842) to States Courthouse. ka. authorize all Bureau of Reclamation Judge James Martin Fitzgerald is Judge Fitzgerald was an honorable conduit facilities for hydropower devel- considered one of the founding fathers man and represents the best of Alaska opment under Federal Reclamation of law in the State of Alaska. He dedi- in its earliest years as a State. As was law, and for other purposes, which was cated his life to public service and was mentioned, from his service to his referred to the House Calendar and or- well respected throughout the Alaskan country in the South Pacific during dered to be printed.

VerDate Mar 15 2010 02:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A05MR7.012 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 5, 2012 CONGRESSIONAL RECORD — HOUSE H1143 ROY SCHALLERN ROOD POST Long Pelosi Scott, David If present, I would have voted: rollcall vote OFFICE BUILDING Lucas Pence Sensenbrenner Luetkemeyer Peters Serrano No. 95—H.R. 3637—To designate the ‘‘Roy The SPEAKER pro tempore. Pursu- Luja´ n Peterson Sessions Schallern Rood Post Office Building’’ in Jupi- ant to clause 8 of rule XX, the unfin- Lummis Petri Sewell ter, Florida, ‘‘yea.’’ Lungren, Daniel Pitts Shimkus Ms. CLARKE of New York. Mr. Speaker, I ished business is the vote on the mo- E. Platts Shuler tion to suspend the rules and pass the Mack Poe (TX) Sires was unavoidably detained in my district and bill (H.R. 3637) to designate the facility Maloney Polis Slaughter missed the vote on Monday, March 5, 2012. Marchant Pompeo Smith (NE) Had I been present, I would have voted ‘‘yea’’ of the United States Postal Service lo- Marino Posey Smith (NJ) cated at 401 Old Dixie Highway in Jupi- Markey Price (GA) on rollcall No. 95, H.R. 3637, the ‘‘Roy Smith (TX) Matheson Price (NC) Schallern Rood Post Office Building.’’ ter, Florida, as the ‘‘Roy Schallern Smith (WA) Matsui Quayle Southerland Mr. JOHNSON of Illinois. Mr. Speaker, on Rood Post Office Building,’’ on which McCarthy (CA) Quigley the yeas and nays were ordered. McCarthy (NY) Reed Stark Monday, March 5, 2012, I had a previously The Clerk read the title of the bill. McCaul Rehberg Stearns scheduled meeting with constituents in Cham- Stivers The SPEAKER pro tempore. The McClintock Reichert paign, Illinois. As a result, I am unable to at- McCollum Renacci Stutzman question is on the motion offered by McDermott Ribble Sullivan tend votes this evening. Had I been present, the gentleman from Texas (Mr. McGovern Richardson Sutton I would have voted ‘‘aye,’’ on H.R. 3637, to FARENTHOLD) that the House suspend McHenry Rivera Terry designate the facility of the United States McIntyre Roby Thompson (CA) Postal Service located at 401 Old Dixie High- the rules and pass the bill. McKeon Roe (TN) Thompson (MS) The vote was taken by electronic de- McKinley Rogers (AL) Thompson (PA) way in Jupiter, Florida, as the ‘‘Roy Schallern vice, and there were—yeas 362, nays 2, McMorris Rogers (KY) Thornberry Rood Post Office Building.’’ not voting 69, as follows: Rodgers Rogers (MI) Tiberi McNerney Rohrabacher Tierney f [Roll No. 95] Meehan Rokita Tipton YEAS—362 Meeks Rooney Tonko Mica Ros-Lehtinen Turner (NY) ESTABLISHING JOINT CONGRES- Ackerman Clyburn Griffith (VA) Michaud Roskam Adams Coble Grimm Upton SIONAL COMMITTEE ON INAU- Miller (MI) Ross (FL) Van Hollen Aderholt Coffman (CO) Guinta Miller (NC) Rothman (NJ) GURAL CEREMONIES Akin Cohen Guthrie Walberg Miller, Gary Roybal-Allard Walden Alexander Cole Hahn Mulvaney Runyan Mr. DANIEL E. LUNGREN of Cali- Walsh (IL) Altmire Conaway Hall Murphy (PA) Rush Walz (MN) fornia. Mr. Speaker, I ask unanimous Amash Connolly (VA) Hanabusa Myrick Ryan (OH) Wasserman consent to take from the Speaker’s Amodei Conyers Hanna Napolitano Ryan (WI) Schultz Andrews Cooper Harper Neal Sa´ nchez, Linda table the concurrent resolution (S. Austria Costa Harris Neugebauer T. Watt Con. Res. 35) to establish the Joint Baca Costello Hartzler Noem Sarbanes Webster Congressional Committee on Inaugural Bachmann Courtney Hastings (FL) Nugent Scalise Welch Bachus Crawford Hastings (WA) Nunes Schakowsky West Ceremonies for the inauguration of the Baldwin Crenshaw Hayworth Nunnelee Schiff Whitfield President-elect and Vice President- Barletta Critz Heck Olson Schilling Wilson (FL) elect of the United States on January Barrow Crowley Heinrich Olver Schmidt Wilson (SC) 21, 2013, and ask for its immediate con- Bartlett Cuellar Hensarling Owens Schock Wolf Barton (TX) Culberson Herger Palazzo Schrader Womack sideration in the House. Bass (CA) Cummings Herrera Beutler Pallone Schwartz Woodall The Clerk read the title of the con- Bass (NH) Davis (CA) Higgins Pascrell Schweikert Yarmuth current resolution. Becerra Davis (KY) Himes Pastor (AZ) Scott (SC) Yoder Benishek DeFazio Hinchey Paulsen Scott (VA) Young (AK) The SPEAKER pro tempore. Is there Berg DeGette Hochul Pearce Scott, Austin Young (IN) objection to the request of the gen- Berkley DeLauro Holden Berman Denham Holt NAYS—2 tleman from California? Biggert Dent Honda Cravaack Rigell There was no objection. Bilbray DesJarlais Hoyer The text of the concurrent resolution Bilirakis Diaz-Balart Huelskamp NOT VOTING—69 Bishop (GA) Dingell Huizenga (MI) is as follows: Bishop (NY) Hirono Rahall Bishop (UT) Dold Hultgren Bonner Inslee Rangel S. CON. RES. 35 Black Dreier Hunter Brown (FL) Johnson (GA) Reyes Blackburn Duffy Hurt Resolved by the Senate (the House of Rep- Burton (IN) Johnson (IL) Richmond Blumenauer Duncan (SC) Israel resentatives concurring), Campbell Jordan Ross (AR) Bonamici Duncan (TN) Issa Cardoza Kaptur Royce SECTION 1. ESTABLISHMENT OF JOINT COM- Bono Mack Edwards Jackson (IL) Clarke (NY) Kucinich Ruppersberger MITTEE. Boren Ellison Jackson Lee Davis (IL) Labrador Sanchez, Loretta Boswell Ellmers (TX) There is established a Joint Congressional Deutch Lewis (GA) Sherman Boustany Emerson Jenkins Committee on Inaugural Ceremonies (in this Dicks Lowey Shuster Brady (PA) Eshoo Johnson (OH) resolution referred to as the ‘‘joint com- Doggett Lynch Simpson Brady (TX) Farenthold Johnson, E. B. mittee’’) consisting of 3 Senators and 3 Mem- Donnelly (IN) Manzullo Speier Braley (IA) Farr Johnson, Sam Doyle McCotter Towns bers of the House of Representatives, to be Brooks Fattah Jones Engel Miller (FL) Tsongas appointed by the President of the Senate and Broun (GA) Filner Keating Fleischmann Miller, George Turner (OH) the Speaker of the House of Representatives, Buchanan Fincher Kelly Forbes Moore Vela´ zquez Bucshon Fitzpatrick Kildee respectively. The joint committee is author- Franks (AZ) Moran Visclosky Buerkle Flake Kind ized to make the necessary arrangements for Fudge Murphy (CT) Waters Burgess Fleming King (IA) the inauguration of the President-elect and Gohmert Nadler Waxman Butterfield Flores King (NY) Vice President-elect of the United States on Gosar Paul Westmoreland Calvert Fortenberry Kingston Grijalva Payne Wittman January 21, 2013. Camp Foxx Kinzinger (IL) Gutierrez Perlmutter Woolsey Canseco Frank (MA) Kissell SEC. 2. SUPPORT OF THE JOINT COMMITTEE. Hinojosa Pingree (ME) Young (FL) Cantor Frelinghuysen Kline The joint committee— Capito Gallegly Lamborn (1) is authorized to utilize appropriate Capps Garamendi Lance b 1857 equipment and the services of appropriate Capuano Gardner Landry personnel of departments and agencies of the Carnahan Garrett Langevin So (two-thirds being in the affirma- Federal Government, under arrangements Carney Gerlach Lankford tive) the rules were suspended and the Carson (IN) Gibbs Larsen (WA) between the joint committee and the heads Carter Gibson Larson (CT) bill was passed. of those departments and agencies, in con- Cassidy Gingrey (GA) Latham The result of the vote was announced nection with the inaugural proceedings and Castor (FL) Gonzalez LaTourette as above recorded. ceremonies; and Chabot Goodlatte Latta A motion to reconsider was laid on (2) may accept gifts and donations of goods Chaffetz Gowdy Lee (CA) and services to carry out its responsibilities. Chandler Granger Levin the table. Chu Graves (GA) Lewis (CA) Stated for: The concurrent resolution was con- Cicilline Graves (MO) Lipinski Mr. MILLER of Florida. Mr. Speaker, due to curred in. Clarke (MI) Green, Al LoBiondo Clay Green, Gene Loebsack a family emergency, I missed the following A motion to reconsider was laid on Cleaver Griffin (AR) Lofgren, Zoe rollcall vote: No. 95 on March 5, 2012. the table.

VerDate Mar 15 2010 02:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.020 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1144 CONGRESSIONAL RECORD — HOUSE March 5, 2012 AUTHORIZING USE OF ROTUNDA ment refuses to do its job, and someone find common ground. Lessons such as AND EMANCIPATION HALL BY has to protect the homeland. playing competitively while also hav- JOINT CONGRESSIONAL COM- And that’s just the way it is. ing respect for your opponent are life- MITTEE ON INAUGURAL CERE- f long and will make for absolutely MONIES strong, successful adults and future b 1900 Mr. DANIEL E. LUNGREN of Cali- strong leaders. Mr. Speaker, congratulations to the fornia. Mr. Speaker, I ask unanimous THE SLAUGHTER CONTINUES IN Eden Prairie boys swimming and div- consent to take from the Speaker’s SYRIA ing team. table the concurrent resolution (S. (Ms. JACKSON LEE of Texas asked f Con. Res. 36) to authorize the use of the and was given permission to address rotunda and Emancipation Hall of the the House for 1 minute and to revise A CALL FOR COMPREHENSIVE Capitol by the Joint Congressional and extend her remarks.) IMMIGRATION REFORM Committee on Inaugural Ceremonies in Ms. JACKSON LEE of Texas. The (Mr. POLIS asked and was given per- connection with the proceedings and slaughter continues in Syria. mission to address the House for 1 ceremonies conducted for the inau- Mr. Speaker, last week I visited the minute and to revise and extend his re- guration of the President-elect and the head of Mission at the Syrian Embassy marks.) Vice President-elect of the United and delivered letters that indicated Mr. POLIS. I rise today to urge this States, and ask for its immediate con- that Mr. Assad, President Assad must body, the United States Congress, to sideration in the House. go and that there must be an establish- join my constituents’ call and meet my The Clerk read the title of the con- ment of safe houses or safe places for constituents’ call for comprehensive current resolution. women and children and that, at that immigration reform. The SPEAKER pro tempore. Is there time, the bodies of those deceased jour- My constituents across the ideolog- objection to the request of the gen- nalists should come out and, as well, ical spectrum, from those on the right, tleman from California? that the Red Cross and International who decry the rule of law, the under- There was no objection. Red Cross should be allowed in. mining of the state of law and the af- The text of the concurrent resolution Then there was a protesting and sug- front to our sovereignty, to those on is as follows: gesting it was the rebels that weren’t the left, who decry the tearing apart of S. CON. RES. 36 allowing the Red Cross in. But we’ve families and the injustices of the inhu- Resolved by the Senate (the House of Rep- now heard from a journalist that was mane treatment of people in our immi- resentatives concurring), able to get out that those journalists gration system, we are calling out to SECTION 1. USE OF THE ROTUNDA AND EMANCI- were actually murdered. And now, fix our broken immigration system and PATION HALL OF THE CAPITOL. today, we’re reading that the Syrian replace it with one that works. The rotunda and Emancipation Hall of the authorities Friday blocked an offi- There are upwards of 10 to 15 million United States Capitol are authorized to be cially sanctioned Red Cross convoy people residing in this country ille- used on January 21, 2013, by the Joint Con- gally. We owe it to the citizens of our gressional Committee on Inaugural Cere- laden with food and medical supplies from entering a devastated neighbor- country, conservative, liberal, and ev- monies in connection with the proceedings erywhere in between, to make sure and ceremonies conducted for the inaugura- hood in Homs 1 day after the Army tion of the President-elect and the Vice overwhelmed the rebel stronghold here that there are close to zero people liv- President-elect of the United States. after a months-long siege. No rebels, ing in this country illegally and pass comprehensive immigration reform, as The concurrent resolution was con- just a Syrian despot, the people who both President Bush and President curred in. want to kill their own people. Obama have called for on a bipartisan A motion to reconsider was laid on Mr. Assad needs to go. We need to get basis. the table. women and children safe. We need to be My constituents demand action now. f able to get justice for the dead journal- ists, and now the world needs to rise I call upon Congress to pass com- BORDER SHOOTOUT up. I look forward to the Syrian resolu- prehensive immigration reform. (Mr. POE of Texas asked and was tion passing, but something must be f given permission to address the House done. CELEBRATING THE LIFE OF for 1 minute and to revise and extend Mr. Assad, you have to go. DANIEL J. MABIN his remarks.) f (Mr. FITZPATRICK asked and was Mr. POE of Texas. Mr. Speaker, last CONGRATULATING THE EDEN given permission to address the House week, border protectors were patrolling for 1 minute and to revise and extend near Roma, Texas, when they spotted PRAIRIE BOYS SWIMMING AND DIVING TEAM his remarks.) drug smugglers trying to move nar- Mr. FITZPATRICK. Mr. Speaker, cotics into the United States. The (Mr. PAULSEN asked and was given Daniel J. Mabin, World War II veteran, agents found themselves under attack permission to address the House for 1 Korean War-era veteran, passed away from the Mexican side when narco- minute and to revise and extend his re- this afternoon in Pennsylvania. Dan terrorists unleashed gunfire from the marks.) was a father, grandfather, great-grand- other side of the Rio Grande River. The Mr. PAULSEN. Mr. Speaker, I want father, and he was the loving husband agents returned fire in self-defense. to rise today to congratulate the Eden of his wife, Sheelagh. He was preceded This sounds like a scene out of a west- Prairie boys Eagles swimming team in death by his beloved son Sean. ern movie, but unfortunately this is and diving team on winning the Min- Dan was a member of what has been real life on the Texas border. nesota State Championship recently. called ‘‘the Greatest Generation any The legal ports of entry may seem The Eden Prairie Eagles earned more society has ever produced,’’ and he cer- safe, but in the hinterlands it’s the than 100 points over their two closest tainly earned that distinction by de- Wild West. Law enforcement is competitors that tied for second place. fending this country through two con- outmanned, outgunned, and A key relay team of Aaron Green- flicts. outfinanced. We have troops protecting berg, Maverick Hovey, Mike Solfelt Sheelagh was his English war bride, the borders of other countries; why and Bryce Boston also set a new State whom he brought to America and set- don’t they protect ours? But Texas is record in the 200-yard freestyle relay, tled in Levittown, Pennsylvania. When defending itself. It has to. and they also took home first place in he left the service, Dan worked hard to On Thursday, Texas DPS unveiled the 400-yard freestyle relay. support his growing family, often the second in its fleet of six gunboats Mr. Speaker, these student athletes working several jobs. that will now patrol the Rio Grande. have absolutely seen that teamwork Dan was someone who loved his coun- Why does Texas have to send its own builds character, confidence, and self- try and cared deeply about its future. navy to defend the border of the United worth. It also teaches our young people During his life, he served his commu- States? Because the Federal Govern- the importance of working together to nity and worked to better the lives of

VerDate Mar 15 2010 02:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.023 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 5, 2012 CONGRESSIONAL RECORD — HOUSE H1145 those around him. He imparted these Speaker’s announced policy of January I’m a strong supporter of Israel. I values to his children, who have gone 5, 2011, the gentleman from Iowa (Mr. look at the country of Israel sur- on to contribute greatly to their com- KING) is recognized for 60 minutes as rounded by its enemies, formed in 1948, munities as well. the designee of the majority leader. and for most of my life, I’ve watched I had the honor and the pleasure of Mr. KING of Iowa. Mr. Speaker, it is Israel develop and defend herself, and knowing Dan. He’s left a lasting im- my privilege and honor to address you I’ve watched how they are the most pression on those he touched. May his here on the floor of the United States stable and reliable democracy in the soul rest in peace. House of Representatives in this Middle East, and for a long time they f world’s great deliberative body. And were the only democracy in the Middle taking it from the top, as I listened to East. It would be the only place for a IN MEMORIAM OF WILLIAM J. the statements that were made tonight long time where an Arab could get a ‘‘BILL’’ RAGGIO in the 1-minutes, I think of the gentle- fair trial out of all of the Middle East. (Mr. AMODEI asked and was given lady from Texas and her statement Today, we’re seeing the dialogue take permission to address the House for 1 about Syria. place from Iran, not with Iran, and minute and to revise and extend his re- Now I’m not here, Mr. Speaker, to de- Israel is the stated target of marks.) fend President Assad and Syria. In Ahmadinejad. They’ve been working in Mr. AMODEI. Mr. Speaker, today, in fact, I think he needs to go. And I be- Iran, as you know, Mr. Speaker, ur- Nevada, a funeral service is being held lieve that all people of the world have gently and feverishly to develop a nu- for William J. ‘‘Bill’’ Raggio. a right to a self-determination, and clear weapon and a means to deliver it. When you think of Nevada public they should not live under tyranny and When I came into this Congress and service in the modern era, Bill Raggio’s they should not live under despotism. was sworn in in 2003, I sat down then name tops all lists. When you think of I just think back to when some of us with the ambassadors to the United legislative leadership in the Silver objected that the former Speaker of States from Germany, France, and State, Bill Raggio’s name tops all lists. the House, Mr. Speaker, and that was Great Britain, who were seeking to When you think of self-made individ- NANCY PELOSI, as she took over the big convince us here in the Congress that uals in Nevada, Bill Raggio’s name, gavel, she set up a diplomatic tour and we should encourage our President to once again, tops all lists. mission, and one of those places was open up dialogue with the Iranians and It is with sincere sorrow that I rise Syria. And I remember the President of perhaps be able to talk them out of on the floor of the United States House the United States, whom, according to their nuclear endeavor. of Representatives on this day to me- the Constitution, is in control of—and Now, that was in September of 2003 morialize a native son of the State of I’ll say according to the interpretation that that meeting took place over in Nevada, a husband, a dad, a community of the Constitution, he’s Commander- the Rayburn building, Mr. Speaker. As and statewide leader, a role model, and in-Chief but also controls the foreign I sat in on that meeting and weighed in a friend with whom I had the honor and policy. It’s implicit, and it’s more than on that meeting, I kept hearing the privilege of serving the people of Ne- a two-century practice that you have message come back about ‘‘open up vada for many years. to have the President of the United dialogue.’’ They wanted to open up dia- My condolences to Bill’s daughters, States as conducting foreign policy. logue. Leslie and Tracy, and to his wife, Dale. The President of the United States So when it came around to the oppor- God bless you, Bill. was George W. Bush who asked the tunity where I had the floor, I asked f then-Speaker of the House, please, do those three ambassadors from each na- not go to Syria. Do not seek to nego- tion, the United Kingdom, France, and WE WILL BE THERE TO DEFEND Germany, What is your long-term ISRAEL tiate with President Assad. Do not upset the diplomacy that’s taking agenda here? What do you propose to (Mr. CULBERSON asked and was place between the United States and do? They said, We want to open up dia- given permission to address the House Syria, or the lack of that diplomacy. logue. My answer was, If we open up for 1 minute and to revise and extend And I think about that time when dialogue with Iran, what is the next his remarks.) NANCY PELOSI, as Speaker, crossed that step? They said, We’re only here to Mr. CULBERSON. Mr. Speaker, line, even though it was requested by talk about opening up dialogue. America has no better friend on the the President of the United States, the But if you open up dialogue with face of the Earth than the people of Commander-in-Chief of our Armed Iran, there are other steps along the Israel. Israel is the only nation on Forces, and the individual who was in way. If we just talk with them, and Earth that can say they’ve stood by command of all of our foreign policy, they refuse then to shut down their nu- America 100 percent of the time for 100 had asked her not to go. clear development within Iran, what percent of their existence. And it’s so Now we see what’s going on in Syria. are you prepared to do?’’ important today that America, that And I listened to the comments, and I I watched these diplomats start to our President, that this Congress, just think that if the gentlelady from get nervous. When you talk to dip- stand behind the people of Israel at Texas had spoken up at that time when lomats about action, they start to get this moment of supreme peril. I did, it might be a little bit easier to nervous. So what are you prepared to When the Iranians are building a nu- hear tonight than this particularly do? What do you mean? We all, I think, clear weapon as fast as they can, that was. knew what was coming. the Iranians have said they’re going to Well, are you prepared to go to the 1910 use it, America must stand by Israel. b United Nations with us and ask for a There should be no doubt in the mind Mr. Speaker, there are many things resolution rejecting Iran’s nuclear en- of every Israeli, of every friend of in front of us in this Congress. Among deavor? Are you prepared to bring Israel around the world that America them, of course, are economics and na- about sanctions? If the sanctions don’t will stand behind her best friend 100 tional defense, and our national secu- work, are you prepared to bring about percent the time, just as they have rity. a blockade? If the blockade doesn’t stood beside us 100 percent of the time. Right now, as I listened to the gen- work and there’s a line in the sand that We will be there for Israel to defend tleman from Texas talk about the says if you violate the blockade, and if her safety, her security, and her pros- Israelis, and there’s an event going on you continue on your nuclear endeav- perity against any enemy, any time, tonight that brings together about or, are you prepared then to go to the anywhere. 12,000 people that are some Israelis, desert and enforce the very things that f many people of Jewish origin here in are being started in this dialogue here? the United States, and all who will be Of course they weren’t prepared to do CONFLICT BETWEEN IRAN AND sitting there at the AIPAC dinner will that. They weren’t even prepared to ISRAEL be strongly supporting an independent talk about that. The SPEAKER pro tempore (Mr. Israel that is in control of defending Mr. Speaker, when you start down GRIFFIN of Arkansas). Under the themselves, the sovereignty of Israel. the path of diplomacy and you think

VerDate Mar 15 2010 02:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.026 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1146 CONGRESSIONAL RECORD — HOUSE March 5, 2012 that the only tool you have is diplo- have to look at pretty carefully and ished in 2014 and that by the way, oh, macy, there is nobody out here oper- understand that there’s a loophole in time out, Iran, on your nuclear endeav- ating as a sovereign nation in the that. If you didn’t put it on the table in or here until after my reelection be- world that’s just kind of dumb or duped the first place and you take nothing off cause then it will be a lot more com- that doesn’t understand that there has the table, he may have already in his fortable time to deal with this crisis as to be a force, there has to be some kind own mind taken military action off the I take nothing off the table, I don’t re- of threat, there has to be a con- table, and we don’t know. member the President saying he has sequence and an ‘‘or what,’’ or other- Mr. Speaker, I was watching the put military strikes on the table. I just wise we would go to the Iranians with news on Friday morning, and on ‘‘Fox remember him saying, I take nothing our hat in our hand and say, Why don’t and Friends,’’ I heard Gretchen Carlson off the table. you be some nice guys for a change and release the story that Israel and the So here is what needs to be done, and shut down your nuclear development, United States, and that would be Presi- I don’t know that the credibility exists your nuclear endeavor? What kind of dent Obama and President Netanyahu, at this point in the White House for luck will we have with that? had reached an agreement that Israel this to be done; but a President who If they believe, as they seem to, that would not strike Iran’s nuclear capa- was a credible individual could look at they’re called upon by the entity that bility before the election. the camera and look across the ocean they worship to annihilate Israel, the Now, I’m a little amazed that that into the eyes, through video, of miniature Satan, and then turn around isn’t all over the newspapers and all Ahmadinejad and the mullahs and say: and annihilate the Great Satan, the over the floor of Congress, Mr. Speak- I have put an X on the calendar, and United States of America, that’s their er. I’m a little amazed that that story that marks the date beyond which you stated purpose, Mr. Speaker. And their has not been picked up and pasted will not be allowed to continue your stated purpose is target one, Tel Aviv, throughout the blogs and Americans up nuclear endeavor. I know that date, because it’s the city that was created in arms, Israelis up in arms. I’m a lit- but you do not. I will work with you so after the origins of Israel, and its pre- tle amazed that that’s not going to be that you can save face in Iran, Mr. dominantly of Jewish population. So the central discussion taking place in Ahmadinejad and the mullahs. I’ll they would target Tel Aviv. the AIPAC dinner with 12,000 people work with you to accelerate the demo- Now, any nation that would take there tonight, and I’m amazed that the lition of your nuclear capability to the that position, we would think that President of the United States can give satisfaction of American inspectors, somehow we would say to them, Even his address to AIPAC, as he did last and we’ll do all of that so you look as though your goals are to annihilate night, to such a great applause and good as you can and can save as much Israel and to annihilate the Great support, as was reported in the news. face as possible, but you will never Satan, the United States, would you I’m amazed. know what that date is on the calendar just please be a nice guy and stop de- First of all, was the Fox story true? unless you push it too far. veloping your nuclear weapons? I My experience has been you don’t see By the way, if you’re one day from mean, how naive could we be to go to news come out of there that’s unbased having it all demolished and you’re not Ahmadinejad and make that kind of a or unfounded. It’s based on something. done, sorry. The date is the date. request under the guise of dialogue and It’s founded upon something. I haven’t You’ll not be able to develop your nu- think somehow that that’s going to get chased it down to look at the original clear endeavor beyond that date on the the job done? sources that are there, but I know what calendar, which you don’t know and I We should have known then—I’ll tell I heard. It disappeared from the media. do. you, Mr. Speaker, I knew then—that But if the President of the United That’s how you negotiate with ter- dialogue was not going to solve the States is even thinking in terms that rorists, with cold-eyed people who be- problem. You never win on dialogue he would play nuclear showdown with lieve that the United States is the alone. You always have to have a lever- Iran by calculating an election date as Great Satan; that they’re somehow age point, so they will look at that, part of that equation, it is an appalling called by the entity they worship to they’ll look you in the eye and decide, concept to think that it could even be annihilate Israel, to annihilate the they mean what they say. It isn’t reported in the news as fact that the United States and to negotiate with worth it any longer. The juice is not President of the United States would them—to think that you can open up worth the squeeze. I’m going to back conduct his negotiations and manipu- dialogue and go through all of the reso- off and stop developing the nuclear. late his foreign policy, especially when lutions and sanctions and embargoes But of course that didn’t happen. The it comes down to an Armageddon-type and knock the blockade and let some of three countries that were here asking of a policy based upon an election date the rest of the world violate those us to engage in dialogue, good people for his reelection. agreements, by the way, and profit and good friends, very respectable am- I can understand the motive, Mr. from it. bassadors each. I have personal admira- Speaker. But to think in terms of if We saw it happen in Iraq. It didn’t tion and respect for them. But when something bad happens between Israel work. We’re watching it happen in you start down the path of dialogue, and Iran that might risk the Presi- Iran. It’s not working. Now we’re dan- you must also understand there has to dent’s reelection, that at least it’s re- gerously walking very close to that be a consequence at the other end. ported in the news that he would have line of Iran having the capability of That consequence, in sequence, was to had the incentive to negotiate with having developed a nuclear weapon and go to the United Nations for a resolu- Israel to say, Do not mount a military a means to deliver it. tion of rejection and disapproval, make strike to knock out Iran’s nuclear ca- By the way, when I say ‘‘a means to it clear in the international world that pability before the election. deliver it,’’ Mr. Speaker, it isn’t just a the Iranians were violating the nuclear I will tell you, Mr. Speaker, I don’t nuclear-tipped missile that can strike nonproliferation agreements that were believe we have that much time. I Tel Aviv from Iran at 750-or-so miles established, make it clear that there think we count this time in weeks, per- from the sovereign territory of Iran to would be sanctions, and if that’s the haps 2 or 3 months. But I don’t think Tel Aviv, itself. It is the ability to put case, there would be then an embargo we count this time until after the No- that anywhere in a suitcase. It could be and there would be a blockade, and on vember election. delivered aboard ship; it could be deliv- the other side of that, that there would ered aboard a little boat; it could come be action to take out their nuclear ca- b 1920 about any way over land. Once they pability. Furthermore, when you get to the have that capability and it’s pro- Now, our current President has said point where you have these kinds of liferated, there is no stopping the pro- that he takes nothing off the table. But crises coming forward and when we liferation. We must end their capa- when you say you take nothing off the have the President, who has announced bility before they have that capa- table, that doesn’t mean that every- that the Iraq war is going to be fin- bility—not after. After is too late. thing is on the table. It’s a little bit of ished on such and such a date and that That nuclear horse is out of the barn as that language that we’ve learned we the Afghanistan war is going to be fin- soon as they are able to produce that

VerDate Mar 15 2010 02:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.027 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 5, 2012 CONGRESSIONAL RECORD — HOUSE H1147 weapon; and when it is, they will ter- we’re watching as the polls are starting nomic plan should be to roll people out rorize the world. We don’t know where to separate. I don’t want to make this of public employment and into the pri- it is. prediction, Mr. Speaker, but I’ll say vate sector because the private sector So, Mr. Speaker, I urge the support this: if I look across the platforms of is producing goods and services with a of the American people in the United the Republican likely nominees, poten- marketable value both here and States Congress for the autonomy, the tial nominees for the Presidency, I abroad. sovereignty, and the self-protection of begin to say: we don’t have a Repub- I don’t see that coming out of this Israel. Should Israel decide that they lican agenda that’s a national agenda. White House today. I pray it comes out need to take out Iran’s nuclear capa- We don’t have a consensus on that na- of the White House in less than a year bility tonight, tomorrow, at any mo- tional agenda. from now when a new President, Mr. ment, I stand prepared to stand with This Congress has been moving pieces Speaker, is elected who understands Israel. Even though this administra- of legislation, almost all of them tied the principles of free market econom- tion might send the message that mili- to jobs, jobs, jobs. It seems to me I can ics. I can go deeply into that, but I’m tary support and global political sup- think back about 4 years, and I can hopeful that I can express to you to- port would no longer be forthcoming hear our current Speaker ask the pre- night the need for this Congress to from this administration, I believe we vious Speaker: Madam Speaker, where move on a series of issues that are very have a new administration around the are the jobs? Jobs, jobs, jobs. Well, I’ve important to the American people. corner. heard ‘‘jobs, jobs, jobs’’ for a long time. b 1930 If we can tell the Iranians to wait It’s nice that we’re about jobs. I with their nuclear development and if haven’t heard a lot about profit, profit, It is unclear who the apparent nomi- we can tell the Israelis to wait with a profit, which is required to pay for the nee, and in the end the nominee, for military strike to take out the nuclear payroll to create jobs, jobs, jobs. Yet President is. So, therefore, we can’t go capability that’s growing now in Iran, profit isn’t something that comes from to that individual and say will you then I can say that the American peo- a government job, Mr. Speaker. That please write up for me the platform ple look forward to an administration would be something I hope the Presi- that you are going to run on when you that will treat Israel right, an adminis- dent would have overheard. Profit is are nominated as President of the tration that will support and encour- not something that comes from a gov- United States. That’s unclear. age that Israel defend herself, and a ernment job. Government jobs consume To me what is clear is there are a se- United States of America that will step the profits of the private sector. ries of issues that are universal across up and protect and defend Israel as we There are two sectors in the economy the contending Presidential can- are pledged to do both philosophically here, the public and the private. The didates. These are the issues that we and spiritually and by the obligation public sector is the regulatory sector, should move through this Congress, that we have from history. but not exclusively. When the public planks in the platform of the next That is just what comes to mind, Mr. sector provides law enforcement, for President of the United States. We are Speaker. example, that gives us security so that in a perfect opportunity to do this. Then, as I listened to the speakers the private sector can operate—so you We are here with a not particularly here tonight, Syria is a very dangerous can open up your shop and do business, intense legislative agenda. It’s kind of place. I am for a regime change, and I so you can open up your factory and do hard to have a lot of things to do when don’t think that we should have nego- business. You have to have some secu- you send them down there and stack tiated with nor sent a delegation to rity. You have to be able to have a ju- them up like cord wood on the desk of President Assad. He is slaughtering dicial branch of government, more lim- HARRY REID. Let’s send some things and murdering his own people. So to ited than the one we have, I might say, down there that the American people that extent, I agree with the gentle- so that you can enforce the laws. You can see are the planks in the platform lady from Texas. need some functions of government. of the next President. But I came here tonight, Mr. Speak- You need people to build the roads, and We know what this President will do. er, to address a number of subject mat- you need people to sometimes reach He gave us ObamaCare. He tried to give ters. On this subject matter, I’m look- out and do for the people that which us cap-and-tax. He gave us Dodd- ing out at tomorrow as Super Tuesday, they cannot do for themselves. Leave Frank. Those are the big egregious Super Tuesday with 10 States having us otherwise alone, I would say, Mr. pieces. He gave us TARP; he gave us primary elections. Perhaps out of that Speaker. the economic stimulus plan, all of that comes a direction, the likelihood that But the drain on the private sector, out of President Obama. He blocked there will be one Presidential can- on the productive sector of the econ- the Keystone XL pipeline because ap- didate who will emerge and become the omy, comes from the public sector. The parently he had concluded that it likely nominee, the apparent nominee. public sector generally consumes the wasn’t a national security issue and he I think the odds are a little less than energy and the resources and the prod- needed a little more time to study. I’ll even that that can happen, but it’s uct of the private sector. The private come back to that in a little bit, Mr. close. sector invests capital; it produces Speaker. That’s the agenda of the cur- What we have is a longer, drawn-out goods and services that have a market- rent President of the United States. nomination process than was antici- able value both here and abroad; and The next President of the United pated, which started back in Iowa more the economy dynamically grows. The States needs to have a clear platform than a year ago as we worked with the Federal Government reaches in and to run for office on. They have been ar- Presidential candidates through that takes out 22, 23, 24 percent of the gross ticulating that, but the American peo- time. Some of them were just putting domestic product, most of which needs ple don’t know what it is because they their toes in the water. They were to be on the private sector side because don’t know who the apparent nominee looking. They came to Iowa and de- they’re the only ones generating will be. cided they didn’t really want to do it, wealth; they’re the only ones taking Well, I can help out with that, Mr. and they stepped back out again. Oth- capital and reinvesting capital. Speaker, because I have sorted through ers hadn’t quite emerged. Rick Perry Historically, for the last 40 to 50 the platforms of each of the viable came on a little bit later in August of years, the Federal Government has Presidential candidates and come down last year and made a credible run. For consumed about 18 percent of GDP. with a list of those issues that would a while, he was at the top of the polls. Now that has grown up, roughly, to the be universal across the campaigns of In piece after piece of this race, we’ve neighborhood of 23 percent of our gross the likely or potential nominees of the watched as some candidates took a domestic product; but it saps the vital- Republican Party for President of the look and stepped out while other can- ity of an economy to have a govern- United States. And I would suggest, didates stepped in and stepped out. ment that grows and consumes more, Mr. Speaker, that the leadership in Now we’re at this point where there and it saps the vitality to tax and this Congress move the legislation are four Republican candidates for spend it on the government entity side. that’s universal to any of the potential President who are in the race, and The endeavor of the President’s eco- nominees so that we can lay out that

VerDate Mar 15 2010 02:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.029 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1148 CONGRESSIONAL RECORD — HOUSE March 5, 2012 platform for the next President. The sneak into America, we’re going to you are spending $6 million a mile to planks are there. If it’s something catch you, and we’re going to enforce defend the border, the Border Patrol that’s popular with the American peo- the law. In the end, if you violate that comes before the Judiciary Committee, ple, and it’s in the agenda of each of law, we are going to need to punish you the immigration committee, under the Presidential candidates, bring it to and put you back into the condition oath and testifies we think we inter- the floor of this Congress. you were in before you broke the law. dict about 25 percent of those who at- Bring it through committee first. Now, I don’t understand why that tempt to cross the border. Let’s go through regular order. Let’s somehow seems to be cruel and unusual I go down to the border and I ask mark it up in committee, bring it to punishment to encounter someone who those enforcing it, so you’re stopping the floor, and let’s have a debate and a is unlawfully in the United States, who about one in four? They laugh at me. vote on it and send it over to HARRY has violated our laws if they crept into Oh, no, we’re not stopping one in four, REID and see how well he does rejecting the United States across the border maybe 10 percent. Some say 2 to 3 per- the agenda that the American people and entered into the United States ille- cent, but the most consistent answer I support. gally. That is a crime, Mr. Speaker. get from the enforcers on the border is Let me start off the list, and this is It’s not a civil violation. It’s not. It is 10 percent. But I’m willing to go back off of a bit of a research list that I put a crime. That makes the people who to the 25 percent number and use that, together about 2 weeks ago. It comes sneak into the United States illegally, even though I think it’s probably high. this way: every Presidential candidate people who commit crimes, by defini- I do the calculation. I think, let me that is a viable candidate and with a tion, are criminals. see, if Janet Napolitano, Secretary of reasonable potential to be nominated I suggest that we build a fence, a Homeland Security, came to me and for President of the United States on a wall, and a fence. Some will say we said, Congressman, I want to hire you Republican ticket supports a fence. can’t build 2,000 miles. My answer is, to guard the west mile from your house I have stood on this floor over and have you ever seen the Great Wall of across rural Iowa, that mile gravel over again and said go down to the China? The Great Wall of China is 5,500 road for that mile. For that mile I’m southern border, those 2,000 miles, miles long and armies marched on top going to pay you the same amount that build a fence, a wall, and a fence. We of that. we’re paying to protect our southern can’t just think that four strands of The first emperor of China, Qin Shi border, $6 million a year—oh, and by barbed wire is good enough or that a Huang, back in 245 BC connected the the way, if that’s not enough incentive, vehicle barrier is good enough or that a existing sections of the Great Wall of it’s a 10-year contract. She would lay, single fence, where the other day they China so that it is one continuous 5,500- in theory under this formula, $60 mil- showed a video of the panels in the mile long wall. They did that, not with lion on my kitchen table, and my job is fence where they went in with a post huge machines and excavators and ce- to guard that mile of road and see to it jack, is what I call it, and jacked the ment plants; they did it with stoop that no more than 75 percent of those panel up. Then the drug smugglers and labor, putting it together piece by that try get across? the illegals poured underneath that, piece by piece. If the Chinese could b 1940 and then they dropped the panel back build a 5,500-mile long great wall, and I’m going to snap that up, Mr. Speak- down again and walked away with it’s one of the wonders of the world, it er. And I’ll tell you, I’m not going to their jack kind of laughing or whatever would be a wonder to me why we have go out there and hire myself a mul- the south of the border version is for such difficulty building something that titude of people that are boots on the high fives was taking place. approaches 2,000 miles in length, a sim- ground. I’m going to hire some, but I’m Now, we need to build a fence, a wall, ple solution to a complex problem. going to be very well aware that you and a fence, Mr. Speaker. I have stood Our little old construction company have a benefits package that goes here on this floor and demonstrated could get tooled up to build a mile a along with it, health insurance, retire- how you do that. We need to go down day. I’m not suggesting that our people ment benefits and all of the pieces that to the border and build first the barrier go do that; but if our little company have to do with supporting an officer, fence that defines our border, and that has that capabilities, think what the including a vehicle for him to drive, says don’t come across this, it’s U.S. big companies have for a capability. multiple vehicles in some cases. I’m territory, you can only come here le- By the way, I’m not suggesting that going to recognize that. And I’m going gally. we build 2,000 miles of fence. I just say to look at the capital investment for Next, we need to come north of there, this, build it according to the Secure the long term all of the way through a reasonable span, 40 to 50 feet, per- Fence Act. That’s the law we passed. retirement of hiring boots on the haps, and put in another fence. I would That’s what Duncan Hunter was for; ground. And, yes, we need them; and make that out of concrete, precast pan- that’s what I was for. Let’s just build a those that are there do a good job, and els with a slip form trench foundation fence, a wall, and a fence, and just they want to do a good job. in it, and I would drop those panels in build it till they stop going around the But I’m going to look at it and think: and affix that in such a way that it end. It doesn’t have to be 2,000 miles I could invest some of this $60 million would be a strong barrier so that hu- long if they stop going around the end in this contract a little more effec- manity is not pouring through across sooner than that. They leave tracks, by tively. I think I’ll just build a fence, a the border. the way. wall, and a fence. Then I’ll have myself I would come again further up an- You go out there and you take a a few Border Patrol officers there to other 50 feet or so and build another look. Well, okay, they went around the rotate the shifts and monitor the sen- fence. That can be steel, that can be end of this fence. Well, let’s add an- sors and watch the cameras, and maybe chain link, it needs to be tall so that other 20 miles, and now I’ll see how man a guard tower here and there. And you end up with a fence, a wall, and a that works, and we’ll just keep build- we’d make sure that no one would get fence, two zones of no-man’s land that ing fence until they either quit cross- across that. it can be enforced. Yes, we need to use ing the line or we have 2,000 miles of it. And, by the way, as I brought up all the virtual that we can, all of the The math on that, Mr. Speaker, is Israel a little bit earlier, they built a cameras and the sensory devices that not that hard to figure out, although fence. They designed that fence so that technology will provide, so that we the question doesn’t get asked often it would be as reliable and as tight as know to deploy our Border Patrol to enough. So we did the math on this a possible. It has some wire there. It has the place where there has been a little while back, and I have got to ad- got towers and they monitor it, and it breach or a violation in that fence and just it by a mental calculation to get it has been 99-point-something percent ef- enforce that 100 percent. into contemporary, and now it’s prob- fective. So we can learn something We can’t just let people come into ably even a year old. from the Israelis. Why do they build the United States, shrug our shoulders We’re spending about $12 billion en- fences if fences don’t work? and say, well, we’ll catch somebody forcing our southern border, $12 billion We look at the Mexicans. They have later on or somebody tomorrow. We a year. Now if I take 12 billion, divide barriers down there between Mexico have to ensure that if you’re going to it by 2,000, that’s $6 million a mile. If and Guatemala.

VerDate Mar 15 2010 02:55 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.031 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 5, 2012 CONGRESSIONAL RECORD — HOUSE H1149 There’s a fence that was being built people have always migrated and some- constantly hearing candidates, Presi- between Saudi Arabia and Iraq so they how it is immoral for us to define those dential candidates even, some in the could interdict the refugees that they borders or tell people you can’t come past, not so much now, argue that we anticipated would be coming into across, then I would ask those who ad- need to speed up our immigration proc- Saudi Arabia, to keep them out. vocate a policy like that, and I believe ess and that those who are here in the There is a fence that’s being built it is an illogical policy, but those who United States illegally need to get right now in that bankrupt country of advocate for such a policy, I would say right with the law and that they need Greece, between Greece and Turkey, to to them, then: How many people do to go to the back of the line. keep the illegals that are pouring into you believe should be allowed to live in So if they need to go to the back of Greece from Turkey out of Greece. the United States? What should the the line, do they really understand Even though the Greeks can’t afford it, population of the United States of that the lines don’t start in the United they are building the fence to keep the America be? Six billion people on the States? The lines for legal immigration illegal Turks from pouring into Greece. planet. We’re the third largest popu- into the United States start in foreign Now, some will say there is some- lation country on the planet, 300-plus countries where people have an aspira- thing inherently immoral about a million of us. How many should live tion to come here, and they apply for a fence—a fence, a wall, and a fence, in here? visa and eventually a green card to my case, Mr. Speaker—and I would If you asked the rest of the world: come here; and that line, those lines, argue there’s a difference between that, Would you like to live in the United when you add up all of the lines of the those who would say, Haven’t you ever States of America and we’ll buy you a various visas that are out there—H– heard the Berlin Wall? Well, of course I plane ticket to go and we’ll give you an 1Bs, H–2Bs, the visa lottery program, have heard of the Berlin Wall. I’ve unlimited supply—well, how about the the list goes on and on—you add up all walked almost every foot of the Berlin current access of welfare benefits that of that, the lines to get in, waiting to Wall. I have a piece of the Berlin Wall are there? Seventy-two different come into the United States legally are in my office over at 1131 Longworth, means-tested Federal welfare pro- 50 million long—50 million. Fifty mil- and it’s framed. It is framed with a grams; and, by the way, refundable tax lion people are waiting in foreign coun- wood frame and it has a red cloth be- credits for illegals working in America tries to come to the United States le- hind it and a piece of the Berlin Wall under an employer ID number, a 42- gally, and I hear constantly the wait’s about that big. It was chopped out on dash number instead of a Social Secu- too long. We need to accelerate coming September 12, 1990. It represents the rity number. into the United States. single-most significant historical event I congratulate Congressman SAM So we bring 1.2 million people into in my lifetime, the end of the Cold War JOHNSON of Texas for bringing his legis- this country legally, kind of on average when the Iron Curtain, the Berlin Wall lation that prohibits any tax credits each year, 1.2 million. We’re the most itself, literally the Iron Curtain came from going to, any refunds from going generous country on Earth by far. And crashing down. to those who are filing their taxes some data shows that we bring more But the Berlin Wall was designed to without a Social Security number. people legally into the United States do something entirely different than But they could tap into all of these than all other countries combined. I all of the fences that I’ve described, benefits, 72 different means-tested wel- can’t anchor that in a data point, so I Mr. Speaker, and that is it was de- fare programs and the refundable tax want to put that caveat in the RECORD, signed to keep people in, not out. And credits that are there, and we’d say to Mr. Speaker. But it’s in that category, that’s the difference. A wall that’s de- them: You can live by an implied guar- someplace pretty close, 1.2 million signed to keep people in because you antee in the United States of America legals coming into America, drawing don’t want them to achieve and access at a middle-income level, middle class from a pool of about 50 million that are freedom and liberty and our God-given without working, and we’re going to waiting in line. And in all of that, we liberty rights, that’s what the Berlin see to it that it’s all available to you. only have about 7 to 11 percent of those Wall did. It trapped people; it fenced Come to America and we’ll give that to legal immigrants that we even score them in. you. I would predict, Mr. Speaker, that their ability to contribute to the The other fences that I’ve talked more than half of the 6 billion people United States. The rest of it is all about are designed to keep people out on the planet would opt to come to the about how they can benefit from the who are trying to come into the United United States. taxpayers and the workers here, how States, and other places, in violation of So how many people do those who ad- they can benefit. existing law. vocate for open borders, what do they And others will say—and some are think the population of the United b 1950 clergy that will say: Well, you were a States should be? Should it be 3 bil- No nation other than the United stranger. You were an alien in a for- lion? Am I right on that? Should it be States would allow for the, what eign land, and I took care of you. 2 billion? Should it be 4 billion? I’ll should I call it, the evolution of an im- There are a lot of quotes in the Bible suggest it would surpass 3 billion under migration policy that just simply that remind people that we should that kind of an offer, except many of grants this to people because they reach out to the less fortunate among those on the tail end of that great want to be here and gives them the au- us. But I happen to have stood on Mars transshipment of humanity would real- thority to accelerate the legal immi- Hill in Athens where St. Paul gave his ize that our system here would collapse gration of the family reunification famous speech, his famous sermon in long before you could ever load 3 bil- plan so that beyond that first indi- Act 17, when he said: And the Lord lion people into America, or 2 billion, vidual they can start bringing in peo- made all nations on Earth, and he de- or maybe even 1 billion. ple outside that extended family tree. cided when and where each nation So what is the number? What is it We sat down and did a spreadsheet would be. that those who advocate for open bor- calculation and wondered how many That was St. Paul’s statement on ders and suspending the rule of law, people could one individual bring in to Mars Hill in his famous sermon in Act what is it that they believe should be the United States under family reunifi- 17. Each nation has its sovereignty. the future population of the United cation. We built it on a spreadsheet. The Lord decided each nation on Earth States of America? How many would We got out to 357 individuals brought and when and where those nations they let in? in by one single individual, and then would be, and we should not shrink And I constantly hear the lamenta- we ran out of room on the spreadsheet from that responsibility, that sov- tion that it takes too long to come into and realized you really can’t calculate ereign responsibility, to protect our the United States legally. It takes too it. But you can calculate the visas, the borders and to protect the rule of law. long. Well, I suppose if we just opened means by which we are legalizing peo- And the borders of the United States it up and we accelerated the process ple in America. are what define the sovereignty of the and everybody that was in line, if we It depends on whether you look at United States. If we should accept the let them in right away, inside of a one study or another. There are com- idea that there aren’t borders, that year, maybe that’s not too long. I’m peting studies, and that is between 89

VerDate Mar 15 2010 02:55 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.033 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1150 CONGRESSIONAL RECORD — HOUSE March 5, 2012 and 93 percent of the legal immigration ity to assimilate into the broader over- receipts and my expenditures; they into the United States is not based on all culture. would look for anomalies in that cal- merit whatsoever. There’s no merit So there is nothing discriminatory culation that might indicate that there quality there whatsoever. And then the about this other than if we’re going to would be money that was scooped out balance of that, between 7 and 11 per- have a policy that’s good for America, that tax wasn’t paid on, or a tax avoid- cent, does come from some measures of we have to do some discrimination in ance. And in the process of doing that, merit such as H–1Bs, having a skill. favor of those who can do the most to they would run those Social Security I’m suggesting this, Mr. Speaker, help our country. I’d like to bring in numbers of the employees through E- that we develop an immigration policy and continue to bring in bright, ener- Verify, the Internet-based system that here in the United States Congress, getic people, especially young people. can verify whether the data identifies with the cooperation of our next Presi- And if they are preeducated by the tax- someone who can legally work in the dent, that’s designed to enhance the payers of a foreign country, that’s fine. United States. economic, the social and the cultural I’m happy with that. Come on in here As they run those 100 Social Security well-being of the United States of and help America’s economy grow and numbers through E-Verify, then E- America. Any country worth its salt is raise your family, but embrace our Verify would either come back and af- going to have an immigration policy American traditions, our American firm that they could lawfully work in designed to benefit the country itself. culture, and our American civilization. America; or if there’s no answer, We’re not in the business of trying to After all, that’s why you came. And to there’s no response, then it’s implied alleviate—well, we’d like to, but we the extent that you bring some of your that they can’t work legally in the cannot be in the business of trying to culture along with you and there are United States. So therefore the IRS alleviate all world poverty, all world certain traditions that you follow, that could deny that business deduction of hunger, and all world lack of liberty adds to the flavor and it adds to the the wages and benefits paid to that il- and freedom. It isn’t just enough to zest of life here in America. legal. bring people in here and let them un- But, Mr. Speaker, when they come And they would give a period of time derstand and be inspired by American and reject American liberty and the for the employer and the employee to liberty—God-given American liberty; American way of life, and they try to cure any data that is there and give but we need to promote and inspire it recreate in an enclave the life that the employer safe harbor if he uses E- in other countries in the world instead they left instead of embrace the life Verify so that for another means of of going there to bow before foreign that’s offered to them here in America, lack of verification, they can’t come in leaders and apologize for being Ameri- I would ask, why are you here? Why and enforce against him for hiring cans. would you come to America if you’re illegals. Safe harbor for using E-Verify, I’m astonished, Mr. Speaker, that we going to reject Americanism and seek not a mandate that they use E-Verify, had a Secretary of State, Madeleine to recreate the place you left? Why the IRS would make the determination Albright, who told the world that she didn’t you just stay there? And that’s by using E-Verify and that result is wouldn’t wear a lapel pin with an some of the foundation of the immigra- this: if out of those 100 employees, let’s American flag in foreign countries be- tion concept that we have, Mr. Speak- just say I had 10 that were illegal, the cause she was afraid it offended people. er. IRS would say, I’m sorry, but you paid My attitude about that is, go find a By the way, as I get to item number $50,000 a year to each one of these em- country that’s offended that’s not ac- two on this long list of universal items ployees, and that’s no longer a business cepting foreign aid. And what are they that I think all Presidential candidates expense because they were unlawfully offended about? American liberty? The should embrace and this Congress working in the United States and you way we’ve led in the world? Congress- should pass, I would add that we’ve got had the tool to verify. And so that $50,000 times 10 is man LOUIE GOHMERT of Texas has so E-Verify legislation before this Con- $500,000. That $500,000 that you wrote well and famously said with regard to gress, and I am not satisfied that it is off of the gross receipts number—just foreign aid that goes out to people who written in a way that it will work in say I grossed $10 million and that set themselves up as our enemies and the way it’s intended. I am very con- 500,000 would be one of my expenses that vote against us consistently in the cerned, Mr. Speaker, about the preemp- that’s there—they would deny the ex- United Nations, he says, You don’t tion that’s written into it that pro- pense of $500,000, $50,000 paid to 10 have to pay people to hate you. They’ll hibits the political subdivisions from illegals, and that $500,000 then goes out hate you for free. supporting and enforcing immigration of my expense column on Schedule C, So I want to configure immigration laws that mirror those of the Federal goes over into the gross receipts side policy that’s designed to enhance the Government. and shows up down on the bottom line economic, social, and cultural well- Aside from that, I have proposed an as net income, taxable net income. being of the United States. We should offer that actually solves this problem That means that your $10-an-hour ille- be scoring the applicants for legal im- without having to go there and pre- gal, by the time you pay the interest, migration into the United States. We empt the States and the political sub- the penalty and the tax liability, be- should be scoring them by their ability divisions, and it is called the New comes about a $16-an-hour illegal. to contribute to this society, this econ- IDEA Act. New IDEA stands for the So the employer can draw a choice. omy, this culture, and this civilization. new and the acronym is the New Illegal Does he really want to take a chance And one of the ways that we can do Deduction Elimination Act. The Illegal on being audited every year and seeing that is we can look to our English- Deduction Elimination Act clarifies his expenses of his illegals move from speaking allies for some guidance. Can- that wages and benefits paid to illegals $10 an hour up to $16 an hour, or would ada, United Kingdom, and Australia are not tax deductible, and we know he maybe go offer an American a job at come to mind. that. But the practice is to write off $13 or $14 an hour? I think that’s what Each of them either has a policy or wages and benefits paid to illegals be- happens, Mr. Speaker. And it provides has been developing a policy to set up cause they know that nobody is going an incentive so an employer doesn’t a point system, a scoring system, so to come along and enforce. And this have to switch it all overnight. They that they can evaluate the applicants has been a practice since the Amnesty can calculate the risk, and they can for immigration into their countries. Act of 1986. clean up their workforce incrementally And here are some of the criteria: edu- Under the New IDEA Act, then, the if that’s what it takes. cation, job skills, earning capacity, and IRS, coming in to do a normal audit of age—you want young people to come in an employer’s company, would run the b 2000 so they can pay taxes long enough so Social Security number and other per- Furthermore, in my bill, the New that you can justify paying for their tinent data through E-Verify. So let’s IDEA Act, it requires that there be a retirement—and English-speaking just say I have 100 employees. The IRS cooperative team put together between abilities, because the ability to speak, would come in, the Internal Revenue the IRS, the Social Security Adminis- write and understand English is the Service would come in to do an audit of tration, and the Department of Home- strongest indicator we have of the abil- my company. They would look at my land Security so the right hand, the

VerDate Mar 15 2010 02:55 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.035 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE March 5, 2012 CONGRESSIONAL RECORD — HOUSE H1151 left hand, and the middle hand know Uncle Omar nearly ran into a police It’s a horrible scenario to think that what each other are doing. We get So- car, found himself afoul with the law the Federal Government will decide cial Security No-Match Letters that with a blood alcohol content of nearly winners and losers by a statute written used to come out—they stopped send- twice the legal limit—it was 1.4—near- by the very people that contributed so ing them out a while back because no- ly twice the legal limit, and drunken much to the financial problem that we body was doing anything with them. Uncle Omar disappeared from the had, Chris Dodd and BARNEY FRANK, so They would just send them out saying: scene. And I’m confident that he went I’m for a full 100 percent repeal of We did our job; these Social Security the way of Barack Obama’s aunt, an Dodd-Frank. If it has a couple of re- numbers didn’t match that you’re administrative amnesty manufactured deeming qualities—and I believe it sending in. A letter would go out; no- by the administration, not deported, does—let’s restate them back into the body shows up; that’s the end of it. not shipped off back to Kenya. law. Let’s not make exceptions and You’ve got Homeland Security that So if we won’t deport the President’s leave pieces there. is operating at the direction of the aunt, if we won’t deport the President’s Dodd-Frank needs to be repealed. We White House, that has decided they’re uncle no matter what his blood alcohol need to pass the repeal of Dodd-Frank going to provide administrative am- content, and we’ve got 300,000 that are here on the floor of the House. MICHELE nesty. Three hundred thousand illegals in the United States illegally who have BACHMANN of Minnesota has been the in the United States already adju- already been adjudicated for deporta- lead on that. She drafted the legisla- dicated for deportation, and the Presi- tion, and even though we’re short- tion to repeal Dodd-Frank. She’s been dent and Janet Napolitano and Eric handed and we’re having trouble proc- a strong and vocal advocate for repeal- Holder set up a policy—primarily Janet essing all of this and the President has ing Dodd-Frank. So have all the other Napolitano—set up a policy to take said—well, at least Janet Napolitano Presidential candidates. We should do staff time and scour through the 300,000 has said that we don’t have the re- this for the American people, for the already adjudicated for deportation sources to enforce all of the laws, why next President, and we should do it to illegals that are there and see if they are we using our staff resources to go honor the effort of MICHELE BACHMANN, can find a means and a way to justify try to give people an exemption from Mr. Speaker. allowing them to stay in the United the law that’s already been enforced? Next piece is official English. Almost States. Administrative amnesty. That’s administrative amnesty. So every country in the world has an offi- My bill, New IDEA, puts the three of they’ve been scouring the books to give cial language, at least one official lan- them together so the IRS sends the in- people a pass on a rule of law. guage. It’s been so recognized through- formation to Homeland Security and to I raised the issue, and I asked dozens out the ages that the single most pow- the Social Security Administration; of people across the spectrum in my erful unifying force known throughout No-Match Letters from Social Security district and around the country: all history and humanity is having a Administration go to the IRS and to What’s the most important component common language. If we can talk to Homeland Security, and it says: Put of immigration law? Mr. Speaker, what each other, we have an instantaneous your heads together; figure out how to I hear is the rule of law. The rule of bond with each other. Here in America, enforce America’s immigration law. law. Not the idea that some people are we’re so fortunate that English is that That’s what we need to be doing, Mr. needy and it hurts our hearts to en- language, and yet there seems to be an Speaker. force a law—it does. But in the end, if open effort to try to encourage lan- By the way, the President of the we don’t respect the rule of law, if we guage enclaves in America where the United States, who has disrespected don’t refurbish the rule of law, we have second and even third generations of the rule of law, has a couple of family then desecrated one of the essential Americans don’t learn English; they members who have received some type pillars of American exceptionalism. just live within the enclave. They’re of administrative amnesty asylum— We cannot be a great country if we trapped in that economic and that cul- Auntie Onyango, whom I hope I don’t don’t have the rule of law. We must be tural cycle of the enclave, the silo of have to spell that. But in any case, she a country, a sovereign nation. Sov- an ethnic minority instead of assimi- has been in the United States for a ereign nations must have borders. Bor- lating into the broader society. long time illegally, since the 1990s— ders must be defended. Those borders We need to establish English as the President Obama’s aunt—living in pub- must be controlled in a way where we official language of government, not to lic housing, reportedly, was finally ad- decide who comes in and decide when disparage another language, but to judicated again for deportation. And people go out, if they don’t decide on unify the American people and hold us the Obama administration declared her their own. And we must preserve and together as a people and strengthen to be at too much of a risk if now, after protect and refurbish and enhance the our unity. The government does not all these years since the nineties, if she rule of law. need to be spending that kind of money were sent back to Kenya. Because his That’s what the New IDEA Act does. on language. aunt is now too high a profile public It has the support of all Presidential Then repeal ObamaCare and a num- figure to be sent to Kenya, someone candidates—formally, not attested to ber of other things. might kidnap her and hold her for ran- yet by Governor Romney, but I believe I appreciate your attention to this som, and so it’s a great risk; therefore, philosophically he would tell you that matter this evening, Mr. Speaker, and we should give her asylum in the he sees the logic in it. If we passed this I would yield back the balance of my United States where surely no one off of the floor of the House of Rep- time. would kidnap her living in public hous- resentatives, I believe that Governor ing and hold her for a ransom here. Mitt Romney would be supportive of f They just would do it in Kenya. such an initiative. So, Homeland Security—I presume Then, if you go on down the line of the State Department may have had a the planks and the platforms that are LEAVE OF ABSENCE voice in this—granted, according to universal among the Presidential can- By unanimous consent, leave of ab- news reports, asylum for Barack didates, you would see the desire to re- sence was granted to: Obama’s aunt. peal Dodd-Frank there universally Mr. BISHOP of New York (at the re- Now, if you can get asylum for the among Republicans. Dodd-Frank, quest of Ms. PELOSI) for today on ac- President’s aunt, and you think in that’s set up such that the government count of travel delays due to weather. terms of the rule of law as applied the would decide which lending institu- Mr. DAVIS of Illinois (at the request same to everyone, then who would it tions were too big to be allowed to fail. of Ms. PELOSI) for today and March 8. not apply to? Well, the rule of law sure- Then, once declared too big to fail, the Ms. MOORE (at the request of Ms. ly didn’t apply to Barack Obama’s three entities in the Federal Govern- PELOSI) for today and March 6 on ac- drunken Uncle Omar, who had also ment would decide whether they were count of a family medical emergency. been processed and adjudicated for de- going bankrupt, and if they went into Mr. REYES (at the request of Ms. portation and also didn’t honor the receivership, who and what entity PELOSI) for today on account of official court order to be deported. So drunken would receive them. business in the district.

VerDate Mar 15 2010 02:55 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K05MR7.037 H05MRPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1152 CONGRESSIONAL RECORD — HOUSE March 5, 2012 SENATE ENROLLED BILL SIGNED tion, transmitting the Corporation’s State- Approaches for Ensuring Utilization ment on the System of Internal Controls and Through 2020 Are Reasonable But Should Be The Speaker announced his signature the 2011 Audited Financial Statements; to Revisited as NASA Gains More Knowledge of to an enrolled bill of the Senate of the the Committee on Oversight and Govern- On-Orbit Performance’’ (GAO-12-162), dated following title: ment Reform. December 15, 2011; to the Committee on S. 1134. An Act to authorize the St. Croix 5171. A letter from the Director, Office of Science, Space, and Technology. River Crossing Project with appropriate Surface Mining, Department of the Interior, 5180. A letter from the Chief, Publications mitigation measures to promote river val- transmitting the Department’s final rule — and Regulations Branch, Internal Revenue ues. Texas Regulatory Program [SATS Nos. TX- Service, transmitting the Service’s final rule 061-FOR; TX-062-FOR; TX-063-FOR; Docket — Definition of a Taxpayer [TD 9576] (RIN: f No. OSM-2011-0007] received February 13, 1545-BF73) received February 13, 2012, pursu- BILLS PRESENTED TO THE 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee PRESIDENT Committee on Natural Resources. on Ways and Means. 5172. A letter from the Chief of Staff, Na- f Karen L. Haas, Clerk of the House re- tional Indian Gaming Commission, transmit- ports that on March 1, 2012 she pre- ting the Commission’s final rule — Review REPORTS OF COMMITTEES ON sented to the President of the United and Approval of Existing Ordinances or Res- PUBLIC BILLS AND RESOLUTIONS olutions; Repeal (RIN: 3141-AA45) received States, for his approval, the following Under clause 2 of rule XIII, reports of bills. February 15, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural committees were delivered to the Clerk H.R. 347. To correct and simplify the draft- for printing and reference to the proper ing of section 1752 (relating to restricted Resources. 5173. A letter from the Comptroller, Na- calendar, as follows: buildings or grounds) of title 18, United tional Indian Gaming Commission, transmit- States Code. Mr. BACHUS: Committee on Financial ting the Commission’s final rule — Fees re- Services. H.R. 940. A bill to establish stand- f ceived February 15, 2012, pursuant to 5 U.S.C. ards for covered bond programs and a cov- ADJOURNMENT 801(a)(1)(A); to the Committee on Natural ered bond regulatory oversight program, and Resources. for other purposes; with an amendment Mr. KING of Iowa. Mr. Speaker, I 5174. A letter from the Director Office of (Rept. 112–407, Pt. 1). Ordered to be printed. move that the House do now adjourn. Sustainable Fisheries, NMFS, National Oce- Mr. BISHOP of Utah: Committee on Rules. The motion was agreed to; accord- anic and Atmospheric Administration, trans- House Resolution 570. Resolution providing ingly (at 8 o’clock and 7 minutes p.m.), mitting the Administration’s final rule — for consideration of the bill (H.R. 2842) to au- under its previous order, the House ad- Fisheries of the Exclusive Economic Zone thorize all Bureau of Reclamation conduit journed until tomorrow, Tuesday, Off Alaska; Inseason Adjustment to the 2012 facilities for hydropower development under Bering Sea and Aleutian Islands Atka Mack- Federal Reclamation law, and for other pur- March 6, 2012, at 10 a.m. for morning- erel Total Allowable Catch Amount [Docket hour debate. poses (Rept. 112–408). Referred to the House No.: 101126521-0640-02] (RIN: 0648-XA901) re- Calendar. f ceived February 17, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural f EXECUTIVE COMMUNICATIONS, Resources. TIME LIMITATION OF REFERRED ETC. 5175. A letter from the Deputy Assistant BILLS Administrator for Regulatory Programs, Under clause 2 of rule XIV, executive Pursuant to clause 2 of rule XII the communications were taken from the NMFS, National Oceanic and Atmospheric Administration, transmitting the Adminis- following actions were taken by the Speaker’s table and referred as follows: tration’s final rule — Fisheries of the Exclu- Speaker: 5166. A letter from the Program Manager, sive Economic Zone Off Alaska; Gulf of Alas- [Omitted from the Record of March 1, 2012] Department of Health and Human Services, ka; Final 2011 and 2012 Harvest Specifica- H.R. 901. Referral to the Committee on En- transmitting the Department’s final rule — tions for Groundfish [Docket No.: 111220788- ergy and Commerce extended for a period Establishment of User Fees for Filovirus 1785-02] (RIN: 0648-XA855) received February ending not later than March 9, 2012. Testing of Nonhuman Primate Liver Sam- 16, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to ples (RIN: 0920-AA47) [Docket No.: CDC-2012- H.R. 2309. Referral to the Committee on the Committee on Natural Resources. Rules extended for a period ending not later 0003] received February 9, 2012, pursuant to 5 5176. A letter from the Deputy Assistant than March 30, 2012. U.S.C. 801(a)(1)(A); to the Committee on En- Administrator for Regulatory Programs, ergy and Commerce. NMFS, National Oceanic and Atmospheric [The following action occurred on March 5, 5167. A letter from the Director, Bureau of Administration, transmitting the Adminis- 2012] Economic Affairs, Department of Commerce, tration’s final rule — Fisheries of the Carib- H.R. 940. Referral to the Committee on transmitting the Department’s final rule — bean, Gulf of Mexico, and South Atlantic; Ways and Means extended for a period ending International Services Surveys: Amend- Generic Annual Catch Limits/Accountability not later than March 30, 2012. ments to the BE-120, Benchmark Survey of Measures Amendment for the Gulf of Mexico f Transactions in Selected Services and Intan- [Docket No.: 100217097-1757-02] (RIN: 0648- gible Assets With Foreign Persons [Docket AY22) received February 16, 2012, pursuant to PUBLIC BILLS AND RESOLUTIONS No.: 110112021-1680-03] (RIN: 0691-AA76) re- 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public ceived February 6, 2012, pursuant to 5 U.S.C. Natural Resources. bills and resolutions of the following 801(a)(1)(A); to the Committee on Foreign Af- 5177. A letter from the Director, Adminis- fairs. trative Office of the United States Courts, titles were introduced and severally re- 5168. A letter from the Assistant Director transmitting a report on compliance within ferred, as follows: for Policy, Department of the Treasury, the time limitations established for deciding By Mr. STEARNS (for himself and Mr. transmitting the Department’s final rule — habeas corpus death penalty petitions under TOWNS): Cote d’Ivoire Sanctions Regulations; Darfur Title I of the Antiterrorism and Effective H.R. 4132. A bill to amend section 506 of the Sanctions Regulations; Democratic Republic Death Penalty Act of 1996; to the Committee Federal Food, Drug, and Cosmetic Act to ex- of the Congo Sanctions Regulations received on the Judiciary. pedited approval of drugs for serious or life- February 2, 2012, pursuant to 5 U.S.C. 5178. A letter from the Administrator, Na- threatening diseases or conditions; to the 801(a)(1)(A); to the Committee on Foreign Af- tional Aeronautics and Space Administra- Committee on Energy and Commerce. fairs. tion, transmitting the Administration’s By Mr. CANTOR (for himself, Mr. 5169. A letter from the Senior Procurement statement of actions with respect to the HOYER, Ms. ROS-LEHTINEN, and Mr. Executive, General Services Administration, Government Accountability Office report en- BERMAN): transmitting the Administration’s final rule titled, ‘‘National Aeronautics and space Ad- H.R. 4133. A bill to express the sense of — General Services Administration Acquisi- ministration: Acquisition Approach for Com- Congress regarding the United States-Israel tion Regulation; Reinstatement of Coverage mercial Crew Transportation Includes Good strategic relationship, to direct the Presi- Pertaining to Final Payment Under Con- Practices, but Faces Significant Challenges’’ dent to submit to Congress reports on United struction and Building Service Contracts (GAO-12-282), dated December 15, 2011; to the States actions to enhance this relationship [GSAR Amendment 2012-01; GSAR Case 2010- Committee on Science, Space, and Tech- and to assist in the defense of Israel, and for G509 (Change 53) Docket 2011-0009; Sequence nology. other purposes; to the Committee on Foreign 1] (RIN: 3090-AJ13) received February 13, 2012, 5179. A letter from the Administrator, Na- Affairs. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Aeronautics and Space Administra- By Mrs. BLACK: mittee on Oversight and Government Re- tion, transmitting the Administration’s H.R. 4134. A bill to amend the Internal Rev- form. statement of actions with respect to the enue Code of 1986 to clarify that any person 5170. A letter from the Chief Operating Of- Government Accountablity Office (GAO) re- who, for a commercial purpose, makes avail- ficer/President, Resolution Funding Corpora- port entitled, ‘‘International Space Station: able for consumer use a machine capable of

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A bill to amend the Internal Rev- This bill is enacted pursuant to the power for and the extraction of hydrocarbon re- enue Code of 1986 to extend the period during granted to Congress under Article I of the sources from any portion of a foreign mari- which transfers of excess pension assets may United States Constitution and its subse- time exclusive economic zone that is contig- be made to retiree health accounts and to quent amendments, and further clarified and uous to the exclusive economic zone of the provide for the transfer of such assets to re- interpreted by the Supreme Court of the United States, and for other purposes; to the tiree group term life insurance accounts; to United States. Committee on Foreign Affairs. the Committee on Ways and Means, and in By Mr. DANIEL E. LUNGREN of Cali- By Mr. GARDNER (for himself, Mrs. addition to the Committee on Education and fornia: BLACKBURN, Mr. BUCSHON, Mrs. the Workforce, for a period to be subse- H.R. 4139. MCMORRIS RODGERS, Mr. JOHNSON of quently determined by the Speaker, in each Congress has the power to enact this legis- Ohio, Mr. CANSECO, Mr. TERRY, Mr. case for consideration of such provisions as lation pursuant to the following: SULLIVAN, Mrs. MYRICK, Mr. COFFMAN fall within the jurisdiction of the committee The amendment to the Internal Revenue of Colorado, and Mr. GRIFFITH of Vir- concerned. Code to extend permanently the 100 percent ginia): f exclusion of gain from the sale or exchange H.R. 4136. A bill to provide for the develop- of qualified small business stock is author- ment of a plan to increase oil and gas pro- CONSTITUTIONAL AUTHORITY ized by Article 1 Section 8 to Lay and collect duction under oil and gas leases of Federal STATEMENT taxes. lands under the jurisdiction of the Secretary Pursuant to clause 7 of rule XII of By Mr. MURPHY of Connecticut: of Agriculture, the Secretary of Energy, the H.R. 4140. Secretary of the Interior, and the Secretary the Rules of the House of Representa- Congress has the power to enact this legis- of Defense in conjunction with a drawdown tives, the following statements are sub- lation pursuant to the following: of petroleum reserves from the Strategic Pe- mitted regarding the specific powers Article 1, Section 8 troleum Reserve; to the Committee on En- granted to Congress in the Constitu- By Mr. PAYNE: ergy and Commerce. tion to enact the accompanying bill or H.R. 4141. By Mr. SAM JOHNSON of Texas (for joint resolution. Congress has the power to enact this legis- himself and Mr. NEAL): lation pursuant to the following: By Mr. STEARNS: H.R. 4137. A bill to make permanent the ex- The Commerce Clause, Article I Section 8 clusion from gross income for employer-pro- H.R. 4132. Congress has the power to enact this legis- Clause 3 of the Constitution of the United vided educational assistance; to the Com- States, grants Congress the power ‘‘To regu- mittee on Ways and Means. lation pursuant to the following: Article I, Section 8, Clause 3, the power to late Commerce with foreign Nations, and By Ms. LEE of California: among the several States, and with the In- H.R. 4138. A bill to amend the Public regulate interstate activity. By Mr. CANTOR: dian Tribes’’. Health Service Act to create a National By Mr. RUNYAN: Neuromyelitis Optica Consortium to provide H.R. 4133. Congress has the power to enact this legis- H.R. 4142. grants and coordinate research with respect Congress has the power to enact this legis- to the causes of, and risk factors associated lation pursuant to the following: Congress has the authority to enact this lation pursuant to the following: with, neuromyelitis optica, and for other Article I, Section 8 of the Constitution of purposes; to the Committee on Energy and legislation pursuant to Article I, Section 8, clause 3 of the U.S. Constitution, the power the United States. Commerce. By Mr. TIBERI: By Mr. DANIEL E. LUNGREN of Cali- to ‘‘regulate Commerce with foreign Na- tions’’ and pursuant to Article I, Section 8, H.R. 4143. fornia: Congress has the power to enact this legis- H.R. 4139. A bill to amend the Internal Rev- clause 1, the power to ‘‘provide for the com- lation pursuant to the following: enue Code of 1986 to extend permanently the mon Defence.’’ Article 1, Section 7 of the United States 100 percent exclusion of gain from the sale or By Mrs. BLACK: Constitution which provides that ‘‘All bills exchange of qualified small business stock; H.R. 4134. for raising Revenue shall originate in the to the Committee on Ways and Means. Congress has the power to enact this legis- House of Representatives.’’ By Mr. MURPHY of Connecticut: lation pursuant to the following: H.R. 4140. A bill to amend title 38, United This bill is enacted pursuant to the power f States Code, to eliminate the time limita- granted to Congress under Article I, Section tion for use of eligibility and entitlement to 8, Clause 1 of the United States Constitution; ADDITIONAL SPONSORS educational assistance under the Mont- whereby the Congress shall have Power to Under clause 7 of rule XII, sponsors gomery GI Bill; to the Committee on Vet- lay and collect Taxes, Duties, Imposts and were added to public bills and resolu- erans’ Affairs, and in addition to the Com- Excises, to pay the Debts and provide for the mittee on Armed Services, for a period to be common Defence and general Welfare of the tions as follows: subsequently determined by the Speaker, in United States; but all Duties, Imposts and H.R. 12: Mrs. MALONEY. each case for consideration of such provi- Excises shall be uniform throughout the H.R. 85: Mr. CLARKE of Michigan. sions as fall within the jurisdiction of the United States. H.R. 178: Ms. BONAMICI. committee concerned. Furthermore, this bill makes specific H.R. 303: Mr. JOHNSON of Ohio and Mr. By Mr. PAYNE (for himself, Mr. BER- changes to existing law, in accordance with CARNAHAN. MAN, Mr. MCGOVERN, Ms. WOOLSEY, Article I, Section 8, Clause 3 of the United H.R. 409: Mr. LATHAM, Mr. PIERLUISI, Mr. Mr. COHEN, and Ms. BASS of Cali- States Constitution; whereby the Congress SCHRADER, and Mr. TERRY. fornia): shall have Power . . . To regulate Commerce H.R. 436: Mr. GALLEGLY. H.R. 4141. A bill to direct the Adminis- with foreign Nations, and among the several H.R. 451: Mr. KISSELL. trator of the United States Agency for Inter- States, and with the Indian Tribes. H.R. 452: Mr. ROSS of Arkansas, Mr. CREN- national Development to take appropriate By Mr. FLAKE: SHAW, and Mr. CARNAHAN. actions to improve the nutritional quality, H.R. 4135. H.R. 512: Mr. HINOJOSA. quality control, and cost effectiveness of Congress has the power to enact this legis- H.R. 546: Mr. SCHILLING. United States food assistance, and for other lation pursuant to the following: H.R. 605: Mr. MARINO and Mr. SCHWEIKERT. purposes; to the Committee on Foreign Af- Article I, Section 8, Clause 3, which gives H.R. 664: Mr. LATHAM. fairs, and in addition to the Committee on Congress the power ‘‘ to regulate commerce H.R. 708: Mr. YODER. Agriculture, for a period to be subsequently with foreign nations,’’ and Clause 18, ‘‘to H.R. 733: Mr. BROUN of Georgia. determined by the Speaker, in each case for make all laws which shall be necessary and H.R. 750: Mr. QUAYLE. consideration of such provisions as fall with- proper for carrying into execution the fore- H.R. 854: Mr. KIND. in the jurisdiction of the committee con- going powers.’’ H.R. 860: Mr. BOREN. cerned. By Mr. GARDNER: H.R. 890: Mr. MCCAUL, Mr. FATTAH, and Mr. By Mr. RUNYAN: H.R. 4136. FALEOMAVAEGA. H.R. 4142. A bill to amend title 38, United Congress has the power to enact this legis- H.R. 931: Mr. FARENTHOLD and Mr. HALL. States Code, to provide for annual cost-of- lation pursuant to the following: H.R. 972: Mr. JONES. living adjustments to be made automatically Article IV, Section 3, clause 2. H.R. 978: Mr. FORTENBERRY. by law each year in the rates of disability By Mr. SAM JOHNSON of Texas: H.R. 979: Ms. WOOLSEY, Mr. FILNER, and compensation for veterans with service-con- H.R. 4137. Mr. JONES. nected disabilities and the rates of depend- Congress has the power to enact this legis- H.R. 998: Ms. VELA´ ZQUEZ. ency and indemnity compensation for sur- lation pursuant to the following: H.R. 1057: Mr. HINOJOSA.

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H.R. 1093: Mr. MANZULLO. H.R. 3528: Mr. BLUMENAUER, Ms. WILSON of of California, Mr. TIERNEY, Mr. FORTEN- H.R. 1106: Mr. HINOJOSA. Florida, and Ms. RICHARDSON. BERRY, Mr. LUETKEMEYER, and Mrs. BONO H.R. 1164: Mr. FRANKS of Arizona. H.R. 3542: Ms. NORTON and Ms. BROWN of MACK. H.R. 1332: Mr. HOLT and Mr. RUSH. Florida. H.R. 4118: Ms. CHU, Mr. RICHMOND, Mr. H.R. 1370: Mr. QUAYLE. H.R. 3572: Mr. CHABOT and Mr. OLVER. PETERS, and Ms. CLARKE of New York. H.R. 1397: Ms. VELA´ ZQUEZ. H.R. 3608: Mr. GRAVES of Missouri. H.R. 4124: Ms. CHU, Mr. WEST, Ms. SPEIER, H.R. 1404: Mr. OWENS. H.R. 3612: Mr. LOBIONDO and Mr. BARLETTA. Ms. RICHARDSON, and Mr. SMITH of Wash- H.R. 1483: Ms. LEE of California. H.R. 3625: Mr. LEVIN. ington. H.R. 1488: Mr. FATTAH. H.R. 3627: Mr. LUETKEMEYER, Ms. ESHOO, H.R. 4128: Mr. HULTGREN and Mrs. H.R. 1521: Mr. CONYERS, Mr. CUMMINGS, Ms. Mr. GENE GREEN of Texas, and Mr. LUJA´ N. ELLMERS. JACKSON LEE of Texas, Mr. PAYNE, Mr. RAN- H.R. 3643: Mr. SULLIVAN. H.R. 4131: Mr. SERRANO. GEL, Mr. WATT, and Mr. SCOTT of Virginia. H.R. 3676: Mr. QUAYLE. H.J. Res. 86: Mr. MURPHY of Connecticut. H.R. 1547: Mr. ALTMIRE. H.R. 3704: Mr. ROTHMAN of New Jersey. H.J. Res. 103: Mr. GRAVES of Missouri. H.R. 1549: Mr. TIBERI, Mr. HANNA, Mr. STIV- H.R. 3720: Mr. STEARNS. H. Con. Res. 87: Ms. RICHARDSON, Mr. COFF- ERS, and Mrs. BLACKBURN. H.R. 3767: Mr. PLATTS, Mr. RUNYAN, and MAN of Colorado, and Mr. BACA. H.R. 1558: Mr. MANZULLO. Mr. AUSTRIA. H. Res. 111: Mr. HIMES, Mr. AKIN, Mr. H.R. 1561: Mrs. NAPOLITANO and Mr. H.R. 3806: Mr. PAUL. BILBRAY, and Mr. ROHRABACHER. CLEAVER. H.R. 3814: Mr. MANZULLO. H. Res. 130: Mr. HINOJOSA. H.R. 1581: Mr. LATTA. H.R. 3842: Mr. BUCSHON. H. Res. 177: Mr. SIRES. H.R. 1639: Mr. MCINTYRE. H.R. 3849: Mr. DOLD. H. Res. 271: Mr. SESSIONS and Mr. H.R. 1653: Mr. FRELINGHUYSEN and Mr. JOR- H.R. 3850: Mr. WEST and Mr. HANNA. SOUTHERLAND. DAN. H.R. 3851: Mr. WEST and Mr. HANNA. H. Res. 282: Mr. STARK. H.R. 1681: Mr. HINOJOSA. H.R. 3855: Ms. NORTON and Mr. JOHNSON of H. Res. 351: Mrs. CHRISTENSEN. H.R. 1687: Mr. SHERMAN. Ohio. H. Res. 454: Ms. HIRONO. H.R. 1700: Mrs. BLACK and Mr. CHABOT. H.R. 3856: Mr. POSEY. H. Res. 460: Mr. CICILLINE, Mr. CLAY, Mr. H.R. 1744: Mr. SIMPSON and Mr. SESSIONS. H.R. 3893: Mr. WEST. HIMES, Mr. PAYNE, Mr. KIND, and Mr. SCOTT H.R. 1755: Mr. WELCH. H.R. 3895: Mr. FLEISCHMANN and Mr. of Virginia. H.R. 1789: Mr. GENE GREEN of Texas, Mr. FORBES. H. Res. 484: Mr. FILNER, Mrs. DAVIS of Cali- QUIGLEY, and Mr. GUTIERREZ. H.R. 3900: Ms. BERKLEY. fornia, and Mr. MCGOVERN. H.R. 1811: Mr. RAHALL. H.R. 3911: Mr. FITZPATRICK. H. Res. 490: Mr. HUIZENGA of Michigan, Mr. H.R. 1842: Mr. PAYNE. H.R. 3974: Ms. CHU and Ms. SPEIER. MURPHY of Pennsylvania, Mr. CONAWAY, Mr. H.R. 1873: Mr. HINOJOSA. H.R. 3980: Mr. WEST and Mr. HANNA. GARDNER, and Mr. OLSON. H.R. 1878: Mr. ROTHMAN of New Jersey. H.R. 3981: Mr. BUCHANAN, Mr. NUNNELEE, H.R. 1880: Mr. SMITH of Washington. H. Res. 506: Ms. ROS-LEHTINEN, Mr. MCGOV- and Mr. WESTMORELAND. H.R. 1895: Mr. CARNAHAN. ERN, Mr. JACKSON of Illinois, Mr. FRANKS of H.R. 3991: Mr. NUNNELEE and Mr. GINGREY Arizona, Mr. CAPUANO, and Mr. BERMAN. H.R. 1909: Mr. BARTLETT. of Georgia. H.R. 1997: Mr. MANZULLO. H. Res. 526: Mr. SIRES and Mr. LAMBORN. H.R. 4010: Mr. LIPINSKI, Mr. INSLEE, Ms. H.R. 2020: Mr. PIERLUISI. H. Res. 555: Mr. PALLONE. BROWN of Florida, Mr. HIMES, Mr. CARDOZA, H.R. 2069: Mr. CARNAHAN. H. Res. 568: Mr. DOLD. and Ms. WILSON of Florida. H.R. 2071: Mr. STARK. H.R. 4023: Mr. HANNA. H.R. 2077: Mr. GRAVES of Georgia, Mr. f H.R. 4030: Mr. JOHNSON of Illinois. CHABOT, Mr. WALBERG, and Mr. HENSARLING. H.R. 4038: Mr. PETERS and Mr. KUCINICH. H.R. 2088: Mr. FATTAH, Mr. ACKERMAN, Mr. CONGRESSIONAL EARMARKS, LIM- H.R. 4040: Mr. ANDREWS, Mr. BARLETTA, Mr. DOYLE, Mrs. MALONEY, Ms. BONAMICI, Mr. ITED TAX BENEFITS, OR LIM- BERMAN, Mrs. BLACK, Mr. BRADY of Texas, COURTNEY, Mr. ELLISON, Mr. FILNER, and Mr. ITED TARIFF BENEFITS Mr. BRADY of Pennsylvania, Mr. BURTON of GRIJALVA. Indiana, Mr. CARDOZA, Mr. CARSON of Indi- H.R. 2179: Mrs. ELLMERS and Mr. WILSON of Under clause 9 of rule XXI, lists or South Carolina. ana, Mr. COBLE, Mr. COHEN, Mr. CONYERS, Mr. statements on congressional earmarks, CRAVAACK, Mr. DAVIS of Illinois, Mr. CRITZ, H.R. 2182: Mr. LATHAM. limited tax benefits, or limited tariff Mr. DAVIS of Kentucky, Mr. DENHAM, Mr. H.R. 2206: Mr. ROSS of Florida. benefits were submitted as follows: DENT, Mr. DIAZ-BALART, Mr. DONNELLY of In- H.R. 2288: Ms. DELAURO. The amendment to be offered by Rep- H.R. 2325: Mr. TONKO. diana, Mr. DOYLE, Mr. DUNCAN of Tennessee, resentative TIPTON, or a designee, to H.R. H.R. 2505: Mr. BRADY of Texas and Mr. ROG- Mrs. ELLMERS, Mr. FARR, Mr. FITZPATRICK, Mr. FLEISCHMANN, Mr. FORTENBERRY, Mr. 2842, the Bureau of Reclamation Small Con- ERS of Alabama. duit Hydropower Development and Rural H.R. 2529: Mr. BARROW. FRANK of Massachusetts, Mr. FRANKS of Ari- zona, Mr. GERLACH, Mr. GONZALEZ, Mr. HECK, Jobs Act of 2011, does not contain any con- H.R. 2569: Mr. DAVID SCOTT of Georgia. gressional earmarks, limited tax benefits, or H.R. 2834: Mr. WESTMORELAND and Mr. Mr. HOLDEN, Mr. HOYER, Mr. ISRAEL, Mr. limited tariff benefits as defined in clause 9 MANZULLO. ISSA, Mr. JACKSON of Illinois, Mr. JORDAN, of rule XXI. H.R. 2866: Mr. BROUN of Georgia. Mr. KELLY, Mr. KISSELL, Mr. LAMBORN, Mr. LARSON of Connecticut, Mr. LOBIONDO, Mr. H.R. 2896: Mr. LOBIONDO and Mr. SMITH of f New Jersey. LUCAS, Mr. DANIEL E. LUNGREN of California, Mr. MARKEY, Ms. MATSUI, Mrs. McMORRIS H.R. 2906: Mr. HINOJOSA. AMENDMENTS H.R. 2950: Mr. HONDA. RODGERS, Mr. MILLER of Florida, Mr. MUR- H.R. 2952: Mr. GUTHRIE. PHY of Pennsylvania, Mr. NEAL, Mr. NUNES, Under clause 8 of rule XVIII, pro- H.R. 3036: Mr. CLAY. Mr. OLSON, Mr. PASCRELL, Mr. PEARCE, Mr. posed amendments were submitted as H.R. 3059: Mr. HURT and Mr. SCOTT of PRICE of Georgia, Mr. ROHRABACHER, Mr. follows: South Carolina. ROSKAM, Mr. ROTHMAN of New Jersey, Mr. H.R. 2842 H.R. 3142: Mr. MILLER of Florida. RUNYAN, Mr. RYAN of Ohio, Mrs. SCHMIDT, H.R. 3187: Mr. SESSIONS. Mr. SCOTT of South Carolina, Mr. SESSIONS, OFFERED BY: MRS. NAPOLITANO H.R. 3216: Mr. SCHRADER and Mr. KISSELL. Mr. SHUSTER, Mr. THOMPSON of Mississippi, Amendment No. 1: Page 4, strike lines 12 H.R. 3251: Mr. CARNAHAN. Mr. TURNER of Ohio, Ms. WATERS, Mr. WEST, through 15. Mr. WILSON of South Carolina, Mr. YODER, H.R. 3307: Mr. FILNER, Mrs. MCCARTHY of H.R. 2842 New York, Mr. KIND, Ms. EDDIE BERNICE and Mr. YOUNG of Indiana. OFFERED BY: MR. TIPTON JOHNSON of Texas, Mr. HINCHEY, and Mr. H.R. 4046: Mr. FORBES. RANGEL. H.R. 4070: Mr. BRALEY of Iowa. Amendment No. 2: In section 1, strike H.R. 3315: Mr. HONDA. H.R. 4078: Mr. FORBES and Mr. SCHWEIKERT. ‘‘2011’’ and insert ‘‘2012’’. H.R. 3381: Mr. ROGERS of Michigan. H.R. 4080: Ms. LEE of California. H.R. 2842 H.R. 3389: Mr. CLAY. H.R. 4081: Mr. HANNA. OFFERED BY: MR. ELLISON H.R. 3393: Mr. BUCHANAN. H.R. 4082: Mr. ANDREWS. H.R. 3399: Mr. SHULER. H.R. 4083: Mr. GENE GREEN of Texas. Amendment No. 3: At the end of the bill, H.R. 3405: Mr. CONNOLLY of Virginia. H.R. 4089: Mr. TIPTON, Mr. ALTMIRE, Mr. add the following: H.R. 3409: Mr. GOSAR. MANZULLO, and Mr. FARENTHOLD. SEC. 3. NO NET LOSS OF JOBS. H.R. 3417: Mr. BARLETTA. H.R. 4105: Mr. BARLETTA, Ms. SEWELL, Mr. Section 2 and the amendments made by H.R. 3496: Mr. PASCRELL. BROOKS, Mr. BONNER, Mr. NUGENT, Mr. MEE- section 2 shall not take effect unless the Sec- H.R. 3506: Mr. ALTMIRE and Mr. MICHAUD. HAN, Mr. ROHRABACHER, Mr. FITZPATRICK, Mr. retary finds that such section and amend- H.R. 3523: Mr. HULTGREN, Mrs. BLACKBURN, KINZINGER of Illinois, Mr. LANDRY, Mr. MUR- ments, if in effect, shall not result in a net Mr. HASTINGS of Florida, and Mr. HURT. PHY of Connecticut, Mr. DANIEL E. LUNGREN loss of jobs.

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Vol. 158 WASHINGTON, MONDAY, MARCH 5, 2012 No. 35 Senate The Senate met at 2 p.m. and was Mr. BLUMENTHAL thereupon as- to reconsider be laid on the table, with called to order by the Hon. RICHARD sumed the chair as Acting President no intervening action or debate, and BLUMENTHAL, a Senator from the State pro tempore. any statements be printed in the of Connecticut. f RECORD. The ACTING PRESIDENT pro tem- PRAYER RECOGNITION OF THE MAJORITY LEADER pore. Without objection, it is so or- The Chaplain, Dr. Barry C. Black, of- dered. fered the following prayer: The ACTING PRESIDENT pro tem- The bill (S. 2153) was ordered to be Let us pray. pore. The majority leader is recog- engrossed for a third reading, was read Immortal, invisible God only wise, nized. the third time and passed, as follows: You are worthy to receive our adora- f S. 2153 tion. Lord, establish the works of Your SCHEDULE hands on Capitol Hill, strengthening Be it enacted by the Senate and House of Rep- our Senators and their staffs as they Mr. REID. Mr. President, following resentatives of the United States of America in seek to honor You by serving others. leader remarks the Senate will be in a Congress assembled, Give them the wisdom to be agents of period of morning business. The filing SECTION 1. APPLICATION OF COUNTERVAILING deadline for first-degree amendments DUTY PROVISIONS TO NONMARKET healing and hope, enabling our citizens ECONOMY COUNTRIES. to live in greater justice and peace. to the surface transportation bill is 4 (a) IN GENERAL.—Section 701 of the Tariff Make them eager to reverently submit o’clock today. There will be no votes today. The first vote of the week will Act of 1930 (19 U.S.C. 1671) is amended by add- to Your guidance and to obey Your pre- ing at the end the following: cepts. We pray in Your sacred Name. be noon tomorrow, a motion to invoke cloture on the surface transportation ‘‘(f) APPLICABILITY TO PROCEEDINGS INVOLV- Amen. ING NONMARKET ECONOMY COUNTRIES.— bill. f ‘‘(1) IN GENERAL.—Except as provided in f paragraph (2), the merchandise on which PLEDGE OF ALLEGIANCE countervailing duties shall be imposed under APPLYING THE COUNTERVAILING subsection (a) includes a class or kind of The Honorable RICHARD BLUMENTHAL DUTY PROVISIONS OF THE TAR- merchandise imported, or sold (or likely to led the Pledge of Allegiance, as follows: IFF ACT OF 1930 TO NONMARKET be sold) for importation, into the United I pledge allegiance to the Flag of the ECONOMY COUNTRIES States from a nonmarket economy country. United States of America, and to the Repub- Mr. REID. Mr. President, I ask unan- ‘‘(2) EXCEPTION.—A countervailing duty is not required to be imposed under subsection lic for which it stands, one nation under God, imous consent the Senate proceed to S. indivisible, with liberty and justice for all. (a) on a class or kind of merchandise im- 2153. ported, or sold (or likely to be sold) for im- f The ACTING PRESIDENT pro tem- portation, into the United States from a pore. Without objection, it is so or- nonmarket economy country if the admin- APPOINTMENT OF ACTING dered. istering authority is unable to identify and PRESIDENT PRO TEMPORE The clerk will report the bill by title. measure subsidies provided by the govern- The PRESIDING OFFICER. The The legislative clerk read as follows: ment of the nonmarket economy country or clerk will please read a communication a public entity within the territory of the A bill (S. 2153) to apply the countervailing nonmarket economy country because the to the Senate from the President pro duty provisions of the Tariff Act of 1930 to economy of that country is essentially com- tempore (Mr. INOUYE). nonmarket economy countries, and for other prised of a single entity.’’. purposes. The legislative clerk read the fol- (b) EFFECTIVE DATE.—Subsection (f) of sec- lowing letter: There being no objection, the Senate tion 701 of the Tariff Act of 1930, as added by U.S. SENATE, proceeded to consider the bill. subsection (a) of this section, applies to— PRESIDENT PRO TEMPORE, Mr. REID. Mr. President, I ask unan- (1) all proceedings initiated under subtitle Washington, DC, March 5, 2012. imous consent the bill be read three A of title VII of that Act (19 U.S.C. 1671 et To the Senate: times and passed; that when the Senate seq.) on or after November 20, 2006; Under the provisions of rule I, paragraph 3, receives H.R. 4105 and, if it is identical (2) all resulting actions by U.S. Customs of the Standing Rules of the Senate, I hereby to the text of S. 2153, the Senate pro- and Border Protection; and appoint the Honorable RICHARD BLUMEN- (3) all civil actions, criminal proceedings, THAL, a Senator from the State of Con- ceed to the immediate consideration of and other proceedings before a Federal court necticut, to perform the duties of the Chair. H.R. 4105, the bill be read a third time relating to proceedings referred to in para- DANIEL K. INOUYE, and passed, with no amendment in graph (1) or actions referred to in paragraph President pro tempore. order prior to passage; that the motion (2).

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

S1375

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VerDate Mar 15 2010 02:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.000 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1376 CONGRESSIONAL RECORD — SENATE March 5, 2012 SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN Mr. REID. I object to any further port is not enough to keep good legisla- CERTAIN PROCEEDINGS RELATING proceedings on the legislation at this tion alive. In today’s political climate, TO IMPORTS FROM NONMARKET ECONOMY COUNTRIES. time. 85 votes to begin debate on a measure (a) IN GENERAL.—Section 777A of the Tariff The ACTING PRESIDENT pro tem- is not enough to guarantee the meas- Act of 1930 (19 U.S.C. 1677f–1) is amended by pore. Objection is heard. The bill will ure will become law. adding at the end the following: be placed on the calendar. The Transportation legislation under ‘‘(f) ADJUSTMENT OF ANTIDUMPING DUTY IN f consideration is truly bipartisan. It CERTAIN PROCEEDINGS RELATING TO IMPORTS will create or sustain 3 million badly SURFACE TRANSPORTATION ACT FROM NONMARKET ECONOMY COUNTRIES.— needed construction jobs. Yet Repub- ‘‘(1) IN GENERAL.—If the administering au- Mr. REID. Mr. President, 56 years ago lican leaders have wasted almost a thority determines, with respect to a class or it took President Eisenhower a year to kind of merchandise from a nonmarket econ- month of the Senate’s time obstructing omy country for which an antidumping duty convince Congress and the country to this valuable measure—for political is determined using normal value pursuant make an unprecedented investment in reasons, obviously. to section 773(c), that— America’s highway system. After all, Unfortunately, Democrats cannot ‘‘(A) pursuant to section 701(a)(1), a building 47,000 miles of interstate high- keep construction crews working to re- countervailable subsidy (other than an ex- ways across the Nation would require pair 70,000 collapsing bridges across the port subsidy referred to in section an unparalleled effort and unprece- country without Republican coopera- 772(c)(1)(C)) has been provided with respect dented investment. The project re- tion. Without Republican cooperation to the class or kind of merchandise, quired enough concrete to build six ‘‘(B) such countervailable subsidy has been we cannot expand the Nation’s mass demonstrated to have reduced the average sidewalks to the Moon at a cost of $50 transit system to accommodate tens of price of imports of the class or kind of mer- billion or the equivalent of almost $1⁄2 thousands of new riders every year. chandise during the relevant period, and trillion today. Without Republican cooperation we ‘‘(C) the administering authority can rea- The project was hugely successful. It cannot create and save 3 million jobs sonably estimate the extent to which the created jobs, it connected farms and repairing crumbling pavement and countervailable subsidy referred to in sub- factories, tiny towns and towering cit- building safer sidewalks. It will take paragraph (B), in combination with the use ies, and allowed manufacturers and bipartisan effort to advance this bipar- of normal value determined pursuant to sec- merchants to ship goods across our tion 773(c), has increased the weighted aver- tisan legislation. age dumping margin for the class or kind of country for the first time in our Na- Frank Turner, a former Federal merchandise, tion’s history. Looking back on this ef- Highway Administrator, said work on the administering authority shall, except as fort to pass the first highway bill, this country’s transportation system provided in paragraph (2), reduce the anti- President Eisenhower considered it the ‘‘will never be finished because Amer- dumping duty by the amount of the increase crowning accomplishment of his Presi- ica will never be finished.’’ Although in the weighted average dumping margin es- dency. the work is never finished, it is up to timated by the administering authority ‘‘More than any single action by the Congress to sustain the effort to move under subparagraph (C). government since the end of the war, ‘‘(2) MAXIMUM REDUCTION IN ANTIDUMPING it forward. Unless Congress acts this this one would change the face of DUTY.—The administering authority may not month work on highways, bridges, and reduce the antidumping duty applicable to a America,’’ President Eisenhower wrote train tracks will come to a grinding class or kind of merchandise from a non- in his memoir. ‘‘Its impact on the halt. Unless Congress acts, the Amer- market economy country under this sub- American economy—the jobs it would ican economy will pay the price for section by more than the portion of the produce in manufacturing and con- partisan bickering. countervailing duty rate attributable to a struction, the rural areas it would open What we have before the body now is countervailable subsidy that is provided with up—was beyond calculation.’’ respect to the class or kind of merchandise the measure reported out of the four Fifty-six years after his initial work, committees I talked about plus 37 bi- and that meets the conditions described in Congress once again is considering subparagraphs (A), (B), and (C) of paragraph partisan amendments. We should pass (1).’’. transportation legislation, an invest- that. We should invoke cloture on it (b) EFFECTIVE DATE.—Subsection (f) of sec- ment in this country’s crumbling and just pass that and wait for the tion 777A of the Tariff Act of 1930, as added roads, bridges, and train tracks. But we House to pass whatever they do and go by subsection (a) of this section, applies to— have the benefit of history on our side. to conference. That would be a tremen- (1) all investigations and reviews initiated We know from 56 years of experience dous step forward for us. pursuant to title VII of that Act (19 U.S.C. that investing in America’s highways I am hopeful my Republican col- 1671 et seq.) on or after the date of the enact- and railways will create and sustain leagues will join Democrats to put ment of this Act; and jobs, and we have no doubt that build- (2) subject to subsection (c) of section 129 American jobs ahead of these proce- of the Uruguay Round Agreements Act (19 ing a world-class transportation sys- dural games we are having so much U.S.C. 3538), all determinations issued under tem will help us rebuild our world-class trouble with and help us advance this subsection (b)(2) of that section on or after economy. vital transportation legislation. the date of the enactment of this Act. That is why the senior Senator from f Mr. REID. Mr. President, this is an Oklahoma, Mr. INHOFE, and one of the extremely important piece of legisla- most liberal Members of the Senate, RECOGNITION OF THE MINORITY tion we just adopted. It has had bipar- the junior Senator from California, LEADER tisan support and we were able to do it Mrs. BOXER, have joined hands to ad- The ACTING PRESIDENT pro tem- quickly. We had hoped the House—and vance this bipartisan Transportation pore. The Republican leader is recog- I am confident they will—would follow bill before this body. The bill is com- nized. our example in passing this bill quick- prised of four measures reported out of f ly. the Environment and Public Works Committee and the Banking, Com- FRIDAY’S TORNADOES f merce and Finance Committees—all Mr. MCCONNELL. Mr. President, last MEASURE PLACED ON THE with bipartisan support. Both sides Friday evening tornadoes hit several CALENDAR—H.R. 1837 agreed to a package of 37 amendments counties across Kentucky, including Mr. REID. Mr. President, H.R. 1837 is in addition to this that is now part of Magoffin, Menifee, Morgan, Laurel, at the desk and due for a second read- the measure that is before the Senate. Martin, Johnson, and Trimble. I might ing. This is the legislation, as I have indi- say these were not just tornadoes, The ACTING PRESIDENT pro tem- cated, that is in the Senate now. If the these were very severe tornadoes all pore. The clerk will report the bill by filibuster ended and we passed the bill over the southern and midwestern part title. before us, it would be a huge step for- of our country leaving an incredible The legislative clerk read as follows: ward. Pass what we have now, vote on trail of devastation across many of our A bill (H.R. 1837) to address certain water- it, and we could call it a good day for States. related concerns on the San Joaquin River, America, a real good day. But in to- In my State the storm caused at and for other purposes. day’s political climate, bipartisan sup- least 20 fatalities and more than 300

VerDate Mar 15 2010 00:14 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.002 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1377 people in Kentucky were injured. that is, what do you do first? Obvi- has reached a decisive moment. It is es- Forty-eight Kentucky counties suf- ously, the first effort to get the power timated that more than 7,500 lives have fered damage from the storms and tor- back on. The AEP, the power company, been lost. The United Nations has de- nadoes Friday evening. I am told that was there trying to get the power up clared that Syrian security forces are about 19,000 people were without power and running. Then they had a priority guilty of crimes against humanity, in- yesterday. This morning my colleague chart: What do you do second? What do cluding the indiscriminate shelling of Senator PAUL and I sent a letter to the you do third? civilians, the execution of defectors, President urging him to approve Gov. I want to express to them and say and the widespread torture of pris- Steven Beshear’s request for Federal again on the Senate floor today, we are oners. assistance. going to be there for these good folks Bashar al-Asad is now doing to Homs Yesterday I had a chance to visit ar- not only in West Liberty but in the what his father did to Hama. Aerial guably the hardest hit of our commu- other counties that were hit in our photographs procured by Human nities, West Liberty, KY. It was a scene State. That is why FEMA exists. They Rights Watch show a city that has been of total devastation. The whole com- do a good job. Hopefully, it will not re- laid to waste by Asad’s tanks and artil- munity has either been evacuated or is quire any additional funding for us to lery. A British photographer who was in the process of being evacuated. The have to appropriate. Hopefully, they wounded and evacuated from the city county judge—in our State the county will have enough funds in their budget described it as ‘‘a medieval siege and judge is like the county executive in a to take care of this, but if there is a slaughter.’’ The kinds of mass atroc- ities that NATO intervened in Libya to number of States—Tim Conley, and shortfall we will be there to be helpful. prevent in Benghazi are now a reality Mayor Rupe, the mayor of West Lib- I wanted to share with my colleagues in Homs. Indeed, Syria today is the erty, and I toured, frankly, what little today the devastation to which we scene of some of the worst state-spon- is left of the community. I ran into the were subjected last weekend. It is remi- sored violence since Milosevic’s war county attorney there. Not only had niscent of a tornado that hit Kentucky crimes in the Balkans or Russia’s anni- her home been wiped out, her office had in the 1970s. I remember it went into hilation of the Chechen city of Grozny. been wiped out. my mother and father’s neighborhood. What is all the more astonishing is The most poignant story of the day The house next door to them was oblit- that Asad’s killing spree has continued was when one of the local residents erated. The houses across the street despite severe and escalating inter- came up to one of my assistants and were obliterated. Amazingly enough, national pressure against him. His re- said: Here, I found $70. It doesn’t be- my mothers and father’s house seemed gime is almost completely isolated. It long to me. I want you to take it and largely untouched. There were very few has been expelled from the Arab see to it that it is used for the commu- homes in West Liberty, KY, yesterday League, rebuked by the United Nations nity. or Friday night that were untouched. General Assembly, excoriated by the My assistant said: No one knows It came through there with a stunning U.N. Human Rights Council, and aban- where the $70 came from or who it be- force. doned by nearly every country that longs to and you are wiped out. Why I heard one story I will also relate. once maintained diplomatic relations don’t you keep it? The county judge was in a building and with it. At the same time, Asad’s re- This citizen of West Liberty, KY, literally grabbed somebody by the leg gime is facing a punishing array of eco- said: ‘‘I just wouldn’t feel right about and pulled him inside the building as nomic sanctions by the United States, it.’’ the storm was attempting to suck him the European Union, the Arab League, ‘‘I just wouldn’t feel right about it.’’ out into the street. He was able to save and others—measures that have tar- Those are the kind of people who are in that person. So the incredible force of geted the assets of Asad and his hench- West Liberty, KY. Those are the kind these massive tornadoes is truly de- man, cut off the Central Bank and of people today who are homeless, who structive, and we will help local resi- other financial institutions, grounded have lost friends and relatives. Of dents get their lives back together as Syria’s cargo flights, and restricted the course, in a town that is devastated soon as we possibly can. regime’s ability to sell oil. there are no jobs. Where do people go I yield the floor. This has been an impressive inter- to work when their place of business f national effort, and the administration has been wiped out? deserves a lot of credit for helping to MORNING BUSINESS FEMA is on the ground, and we will orchestrate it. do everything we can to try to help The ACTING PRESIDENT pro tem- The problem is the bloodletting con- these good folks rebuild their lives. pore. Under the previous order, the tinues. Despite a year’s worth of diplo- Similar stories are the case in a num- leadership time is reserved. Under the macy backed by sanctions, Asad and ber of other Kentucky counties, but previous order, there will now be a pe- his top lieutenants show no signs of West Liberty I singled out because it riod of morning business, with Sen- giving up and taking the path into for- was probably the most devastated of ators permitted to speak therein up to eign exile. To the contrary, they ap- any of our communities. 10 minutes each. pear to be accelerating their fight to I applaud the work of the first re- Mr. MCCONNELL. I suggest the ab- the finish and they are doing so with sponders. There were people from all sence of a quorum. the shameless support of foreign gov- over my State who immediately came The ACTING PRESIDENT pro tem- ernments, especially in Russia, China, to the site, some of them with some of- pore. The clerk will call the roll. and Iran. A steady supply of weapons, ficial responsibility—they were with The legislative clerk proceeded to ammunition, and other assistance is the Red Cross or they were with the call the roll. flowing to Asad from Moscow and National Guard. In fact, there were 400 The ACTING PRESIDENT pro tem- Tehran. As the Washington Post re- National Guard troops mobilized across pore. The Senator from Arizona. ported yesterday, Iranian military and the State in these severely hit areas. Mr. MCCAIN. Mr. President, I ask intelligence operatives are likely ac- But many of the people I ran into in unanimous consent that the order for tive in Syria, helping to direct and West Liberty, KY, were simply people the quorum call be rescinded and that sharpen the regime’s brutality. The Se- who got in their cars, loaded them up I be allowed to speak in morning busi- curity Council is totally shut down as with bottled water and whatever food ness for as much time as I may con- an avenue for increased pressure, and they could come up with, and went sume. the recently convened Friends of Syria there to be helpful. The ACTING PRESIDENT pro tem- contact group, while a good step in There was one restaurant in another pore. Without objection, it is so or- principle, produced mostly rhetoric but town that sent in a very large number dered. precious little action when it met last of barbecue sandwiches just to try to f month in Tunisia. Unfortunately, with feed the people who were there trying each passing day, the international re- to help get started. I went to the com- SYRIA sponse to Asad’s atrocities is being mand center. Of course, one of the big- Mr. MCCAIN. Mr. President, after a overtaken by events on the ground in gest questions in a situation such as year of bloodshed, the crisis in Syria Syria.

VerDate Mar 15 2010 00:14 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G05MR6.005 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1378 CONGRESSIONAL RECORD — SENATE March 5, 2012 Some countries are finally beginning It has supported Palestinian terrorist essary factor to reinforce this option. to acknowledge this reality as well as groups and funneled arms of all kinds, Asad needs to know that he will not its implications. Saudi Arabia and including tens of thousands of rockets, win. Qatar are calling for arming opposition to Hezbollah in Lebanon. It remains a What opposition groups in Syria need forces in Syria. The newly elected Ku- committed enemy of Israel. It has large most urgently is relief from Asad’s waiti Parliament has called on their stockpiles of chemical weapons and tank and artillery sieges in the many government to do the same. Last week, materials and has sought to develop a cities that are still contested. Homs is the Supreme Allied Commander of nuclear weapons capability. It was the lost for now, but Idlib and Hama and NATO, ADM James Stavridis, testified primary gateway for the countless for- Qusayr and Deraa and other cities in to the Senate Armed Services Com- eign fighters who infiltrated Iraq and Syria could still be saved. But time is mittee that providing arms to opposi- killed American troops. Asad and his running out. Asad’s forces are on the tion forces in Syria could help them lieutenants have the blood of hundreds march. Providing military assistance shift the balance of power against of Americans on their hands. Many in to the Free Syrian Army and other op- Asad. Most importantly, Syrians them- Washington fear that what comes after position groups is necessary, but at selves are increasingly calling for Asad might be worse. How could it be this late hour that alone will not be international military involvement. any worse than this? sufficient to stop the slaughter and The Opposition Syrian National Coun- The end of the Asad regime would save innocent lives. The only realistic cil recently announced that it is estab- sever Hezbollah’s lifeline to Iran, way to do so is with foreign air power. eliminate a longstanding threat to lishing a military bureau to channel Therefore, at the request of the Syr- Israel, bolster Lebanon’s sovereignty weapons and other assistance to the ian National Council, the Free Syrian and independence, and inflict a stra- Free Syrian Army and armed groups Army, and local coordinating commit- tegic defeat on the Iranian regime. It inside the country. Other members of tees inside the country, the United would be a geopolitical success of the the Council are demanding a more ro- States should lead an international ef- first order. More than all of the com- bust intervention. fort to protect key population centers To be sure, there are legitimate ques- pelling moral and humanitarian rea- in Syria, especially in the north, tions about the efficacy of military op- sons, this is why Asad cannot be al- through air strikes on Asad’s forces. To erations in Syria and equally legiti- lowed to succeed and remain in power. be clear, this will require the United mate concerns about their risks and We have a clear national security in- States to suppress enemy air defenses uncertainties. It is understandable that terest in his defeat, and that alone in at least part of the country. The ul- the administration is reluctant to should incline us to tolerate a large de- timate goal of air strikes should be to move beyond diplomacy and sanctions. gree of risk in order to see that this establish and defend safe havens in Unfortunately, this policy is increas- goal is achieved. Syria, especially in the north, in which ingly disconnected from the dire condi- Increasingly, the question for U.S. opposition forces can organize and plan tions on the ground in Syria, which has policy is not whether foreign forces their political and military activities become a full-blown state of armed will intervene militarily in Syria. We against Asad. These safe havens could conflict. In the face of this new reality, can be confident that Syria’s neighbors serve as platforms for the delivery of the administration’s approach to Syria will do so eventually if they have not humanitarian and military assistance, is starting to look more like a hope already. Some kind of intervention will including weapons and ammunition, than a strategy. So, too, does their happen with or without us. So the real body armor, and other personal protec- continued insistence that Asad’s fall is question for U.S. policy is whether we tive equipment, tactical intelligence, ‘‘inevitable.’’ Tell that to the people of will participate in this next phase of secure communications equipment, Homs. Tell that to the people of Idlib the conflict in Syria and thereby in- food and water, and medical supplies. or Hama or the other cities that Asad’s crease our ability to shape an outcome These safe havens could also help the forces are now moving against. Noth- that is beneficial to the Syrian people Free Syrian Army and other armed ing in this world is predetermined, and and to us. I believe we must. groups in Syria train and organize claims about the inevitability of The President has characterized the themselves into more cohesive and ef- events can often be a convenient way prevention of mass atrocities as ‘‘a fective military forces, likely with the to abdicate responsibility. core national security interest.’’ He assistance of foreign partners. But even if we do assume that Asad has made it the objective of the United will ultimately fall, that may still States that the killing in Syria must The benefit for the United States in take a long time. In recent testimony stop, that Asad must go. He has com- helping to lead this effort directly is in the Armed Services Committee, the mitted the prestige and credibility of that it would allow us to better em- Director of National Intelligence our Nation to that goal, and it is the power those Syrian groups that share James Clapper said if the status quo right goal. However, it is not clear that our interests—those groups that reject persists, Asad could hang on for the present policy can succeed. If Asad al-Qaida and the Iranian regime and months, probably longer. And that was manages to cling to power—or even if commit to the goal of an inclusive before Homs fell. So to be clear, even he manages to sustain the slaughter democratic transition as called for by under the best-case scenario for the for months to come—with all the the Syrian National Council. If we current policy, the cost of success will human and geopolitical costs that en- stand on the sidelines, others will pick likely be months of continued blood- tails, it would be a strategic and moral winners, and this will not always to be shed and thousands of additional lives defeat for the United States. We can- to our liking or in our interest. This lost. Is this morally acceptable to us? I not—we must not—allow this to hap- does not mean the United States believe it should not be. pen. should go it alone. I repeat: This does In addition to the moral and humani- For this reason, the time has come not mean that the United States tarian interests at stake in Syria, what for a new policy. As we continue to iso- should go it alone. We should not. We is just as compelling, if not more so, late Asad diplomatically and economi- should seek the active involvement of are the strategic and geopolitical in- cally, we should work with our closest key Arab partners such as Saudi Ara- terests. Put simply, the United States friends and allies to support opposition bia, United Arab Emirates, Jordan, and has a clear national security interest groups inside Syria, both political and Qatar, and willing allies in the EU and in stopping the violence in Syria and military, to help them organize them- NATO, the most important of which in forcing Asad to leave power. In this selves into a more cohesive and effec- this case is Turkey. way, Syria is very different than tive force that can put an end to the There will be no U.N. Security Coun- Libya. The stakes are far higher, both bloodshed and force Asad and his loyal- cil mandate for such an operation. Rus- for America and some of our closest al- ists to leave power. Rather than clos- sia and China took that option off the lies. ing off the prospects for some kind of table long ago. But let’s not forget: This regime in Syria serves as a main negotiated transition that is accept- NATO took military action to save forward operating base of the Iranian able to the Syrian opposition, foreign Kosovo in 1999 without formal U.N. au- regime in the heart of the Arab world. military intervention is now the nec- thorization. There is no reason why the

VerDate Mar 15 2010 00:14 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G05MR6.007 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1379 Arab League or NATO or a leading coa- lutely. There are no ideal options in cause the community of nations—espe- lition within the Friends of Syria con- Syria. All of them contain significant cially the United States—has sup- tact group, or all of them speaking in risk. Many people will be quick to raise ported them. We are giving them a bet- unison, could not provide a similar concerns about the course of action I ter alternative. The surest way for al- international mandate for military am proposing. Many of these concerns Qaida to gain a foothold in Syria is for measures to save Syria today. have merit but none so much that they us to turn our backs on these brave Could such a mandate be gotten? I should keep us from acting. Syrians who are fighting to defend believe it could. Foreign capitals For example, we continue to hear it themselves. After all, Sunni Iraqis across the world are looking to the said that we should not assist the oppo- were willing to ally with al-Qaida when United States to lead, especially now sition in Syria militarily because we do they felt desperate enough, but when that the situation in Syria has become not know who these people are. Sec- America gave them a better alter- an armed conflict. But what they see is retary of State Hillary Clinton re- native, they turned their guns on al- an administration still hedging its peated this argument just last week, Qaida. Why should it be different in bets—on the one hand insisting that adding that we could end up helping al- Syria? Asad’s fall is inevitable but, on the Qaida or Hamas. It is possible that the Another objection to providing mili- other, unwilling even to threaten more administration does not know much tary assistance to the Syrian opposi- assertive actions that could make it so. about the armed opposition in Syria, tion is that the conflict has become a The rhetoric out of NATO has been but how much effort have they really sectarian civil war and our interven- much more self-defeating. Far from made to find out, to meet and engage tion would enable the Sunni majority making it clear to Asad that all op- these people directly? Not much, it ap- to take a bloody and indiscriminate re- tions are on the table, key alliance pears. Instead, much of the best infor- venge against the Alawite minority. leaders are going out of their way to mation we have about the armed re- This is a serious and legitimate con- publicly take options off the table. sistance in Syria is thanks to coura- cern, and it is only growing worse the Last week, NATO Secretary General geous journalists, some of whom have longer the conflict goes on. As we saw Rasmussen said that the alliance has given their lives to tell the story of the in Iraq or Lebanon before it, time fa- not even discussed the possibility of Syrian people. vors the hard-liners in a conflict such NATO action in Syria, saying: ‘‘I don’t One of those journalists is a reporter as this. The suffering of Sunnis at the envision such a role for the alliance.’’ working for Al-Jazeera named Nir hands of Asad only stokes the tempta- The following day, the Supreme Allied Rosen, who spent months in the coun- tion for revenge, which in turn only Commander, ADM James Stavridis, try, including much time with the deepens fears among the Alawites and testified in the Senate Armed Services armed opposition. Here is how he de- strengthens their incentive to keep Committee that NATO has done no scribed them recently: fighting. For this reason alone, it is all contingency planning—none—for po- The regime and its supporters describe the the more compelling to find a way to tential military operations in Syria. opposition, especially the armed opposition, end the bloodshed as soon as possible. That is not how NATO approached as Salafis, Jihadists, Muslim Brotherhood Furthermore, the risks of sectarian Bosnia or Kosovo or Libya. Is it now supporters, al-Qaeda and terrorists. This is conflict will exist in Syria whether or the policy of NATO—or the United not true, but it’s worth noting that all the not we get more involved. And we will States, for that matter—to tell the per- fighters I met . . . were Sunni Muslims, and at least have some ability to try to petrators of mass atrocities in Syria or most were pious. They fight for a multitude mitigate these risks if we work to as- of reasons: for their friends, for their neigh- elsewhere that they can go on killing borhoods, for their villages, for their prov- sist the armed opposition now. That innocent civilians by the hundreds of ince, for revenge, for self-defense, for dig- will at least help us to know them bet- thousands and the greatest alliance in nity, for their brethren in other parts of the ter and to establish some trust and ex- history will not even bother to conduct country who are also fighting. They do not ercise some influence with them, be- any planning about how we might stop read religious literature or listen to ser- cause we took their side when they them? Is that NATO’s policy now? Is mons. Their views on Islam are consistent needed it most. We should not over- that our policy? Because that is the with the general attitudes of Syrian Sunni state the potential influence we could practical effect of this kind of rhetoric. society, which is conservative and religious. gain with opposition groups inside Because there are many small groups in It gives Asad and his foreign allies a the armed opposition, it is difficult to de- Syria, but it will only diminish the green light for greater brutality. scribe their ideology in general terms. The longer we wait to offer them meaning- Not surprisingly, many countries, es- Salafi and Muslim Brotherhood ideologies ful support. And what we can say for pecially Syria’s neighbors, are also are not important in Syria and do not play a certain is we will have no influence hedging their bets on the outcome in significant role in the revolution. But most whatsoever with these people if they Syria. They think Asad will go, but Syrian Sunnis taking part in the uprising feel we abandoned them. This is a real they are not yet prepared to put all are themselves devout. moral dilemma, but we cannot allow their chips on that bet—even less so He could just as well have been de- the opposition in Syria to be crushed now that Asad’s forces have broken scribing average citizens in Egypt or at present while we worry about the fu- Homs and seem to be gaining momen- Libya or Tunisia or other nations in ture. tum. the region. So we should be a little We also hear it said, including by the There is only one nation—there is more careful before we embrace the administration, that we should not only one nation—that can alter this Asad regime’s propaganda about the contribute to the militarization of the dynamic, and that is the United States opposition in Syria. We certainly conflict. If only Russia and Iran shared of America. The President must state should not let these misconceptions that sentiment. Instead, they are unequivocally that under no cir- cause us to keep the armed resistance shamelessly fueling Asad’s killing ma- cumstances will Asad be allowed to fin- in Syria at arm’s length because that chine. We need to deal with reality as ish what he has started; that there is is just self-defeating. And I can assure it is, not as we wish it to be. And the no future in which Asad and his lieu- you that al-Qaida is not pursuing the reality in Syria today is largely a one- tenants will remain in control of Syria; same policy. They are eager to try to sided fight where the aggressors are and that the United States is prepared hijack the Syrian revolution, just as not lacking for military means and to use the full weight of our air power they have tried to hijack the Arab zeal. Indeed, Asad appears to be fully to make it so. It is only when we have spring movements in Egypt and Tuni- committed to crushing the opposition clearly and completely committed our- sia and Libya and elsewhere. They are at all costs. Iran and Russia appear to selves that we can expect other nations trying, but so far they are failing. The be fully committed to helping him do to do the same. Only then would we see people of these countries are broadly it. what is really possible in winning rejecting everything al-Qaida stands The many Syrians who have taken up international support to stop the kill- for. They are not eager to trade secular arms to defend themselves and their ing in Syria. tyranny for theocratic tyranny. communities appear to be fully com- Are there dangers and risks and un- The other reason al-Qaida is failing mitted to acquiring the necessary certainties in this approach? Abso- in Tunisia and Egypt and Libya is be- weapons to resist Asad, and leading

VerDate Mar 15 2010 00:14 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G05MR6.008 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1380 CONGRESSIONAL RECORD — SENATE March 5, 2012 Arab States appear increasingly com- TORNADO DAMAGE life. I am told it happened one time be- mitted to providing those weapons. The Mr. DURBIN. Mr. President, there fore in the history of our State. I also only ones who seem overly concerned are life experiences that come along have to tell you the response of the about a militarization of the conflict is with growing up depending on one’s people there makes me proud to be the United States and some of its al- family and where they grew up. In my from that State and to be a part of this lies. The time has come to ask a dif- part of the world, part of the Midwest, great Nation. From the very minute ferent question: Whom do we want to there was a rite of passage that seemed this devastation took place, people win in Syria—our friends or our en- so commonplace that we never ques- started coming toward the devastation emies? tioned it. It was the air raid siren to try to help. There were some amaz- There are always plenty of reasons going off in the middle of the night and ing stories such as the volunteers who not to do something, and we can list your dad would come into your room helped this lady out of the debris of her them clearly in the case of Syria. We and say: We have to go down to the home. At the nearby coal mine, they know the opposition is divided. We basement; there is a tornado warning. have a rescue team that is sent in when know the armed resistance inside the That was part of my life. I didn’t there is danger of a mine disaster. country lacks cohesion or command think twice about it. It happened every They have hard hats and breathing and control. We know some elements of year—sometimes not in the middle of equipment and all the right extraction the opposition may sympathize with the night, sometimes in the middle of devices and tools. They came rushing violent extremist ideologies or harbor the day, but we became accustomed to to the scene, coal dust all over their dark thoughts of sectarian revenge. We it because that is what happened where faces, digging right into the wreckage know many of Syria’s immediate we lived. pulling people out. That story was re- neighbors remain cautious about tak- When I was elected to Congress and peated over and over. ing overly provocative actions that then to the Senate, I spent my time The heroism and voluntarism didn’t could undermine Asad. And we know visiting locations all over my State end that day. It continued all through the American people are weary of con- where tornadoes had struck. So I have the time I was there and even to this seen my fair share of tornado damage flict—justifiably so—and we would day. Special kudos to the American in the Midwest, but I have to tell you rather focus on domestic problems. Red Cross, always the first on the what I saw on Saturday was extraor- These are realities. But while we are scene, always performing a valuable dinary. I went to southern Illinois to and important job as they did in south- compelled to acknowledge them, we two towns, Harrisburg and Ridgway. are not condemned to accept them for- ern Illinois. They were hit the previous Wednesday I went over to Ridgway, which is a ever. With resolve, principled leader- by what is known as a stage 4 tornado. ship, and wise policy, we can shape bet- town 24 miles away, and for some rea- A stage 4 tornado is a tornado with son this God-awful tornado skipped ter realities. That is what the Syrian winds up to 175 miles per hour. That is people have done. from Harrisburg to Ridgway and did a tornado so violent that the winds, little damage in between. But it came By no rational calculation should from what I am told, were even greater this uprising against Asad still be down in Ridgway and ripped through than those of Hurricane Katrina. It hit that town. Roughly 400 homes were going on. The Syrian people are out- this tiny little town in southern Illi- matched. They are outgunned. They damaged in Harrisburg and over 100 in nois, and I looked at the devastation Ridgway. There is a Catholic Church are lacking for food and water and afterward. We expect obvious casual- there over 100 years old. It was the other basic needs. They are confronting ties in a tornado. We expect to see the sturdiest structure in town by far. Had a regime with limitless disregard for trees blown down and the siding off the people been given enough notice—this human dignity and capacity for sheer house and the shingles torn off the roof happened early in the morning at savagery. For an entire year, the Syr- and occasionally a window blown in. ian people have faced death and those One looked at the poor mobile homes, about 5 a.m.—they might have said the unspeakable things worse than death, which don’t have a chance in a tor- safest place to go is the church. The and they still have not given up. Still nado, and they are usually ripped and church is gone. There are two things they take to the streets to protest thrown. But in this tornado, houses left, the doorway for the church and peacefully for justice, still they carry that were built on a slab were lifted off the altar. Everything else has been ob- on their fight, and they do so on behalf and tossed in the air. literated. There have been a lot of pic- of many of the same universal values I met a lady who was driving away tures taken of that altar still standing we share and many of the same inter- from the devastation of her home—in- in the rubble, an inspiration to many. ests as well. These people are our al- cidentally, these photos are fairly in- Perhaps a message there will be certain lies. They want many of the same dicative of what we saw in the devasta- things spared even in the worst disas- things we do. They have expanded the tion—and I asked her about her experi- ters. In that town, the fire department boundaries of what everyone thought ence. It turned out she was very lucky met with the mayor and all the volun- was possible in Syria. They have because she had set the alarm for quar- teers. The one thing about being a vol- earned our respect, and now they need ter of 5 to go to work that morning. unteer after a disaster in Illinois, I our support to finish what they start- She said she got up and started getting guarantee you will not lose weight. Ev- ed. The Syrian people deserve to suc- ready and heard the sirens outside. She erybody brought in food, all kinds of ceed, and shame on us if we fail to help said: I went to the bathroom, got down food from every direction—pies, cakes, them. face first on the floor, and grabbed the chili, and hot dogs. A fellow came by Mr. President, I yield the floor. sink to hang on to it. She said seconds there and had his barbecue operation I suggest the absence of a quorum. passed before the ceiling caved in on top of her. Luckily, she said it didn’t set up. It was a huge operation, and he The ACTING PRESIDENT pro tem- reach her; it pinned her underneath. was just cooking like crazy. It was an pore. The clerk will call the roll. She said she waited and waited and 15, indication that everybody wanted to The legislative clerk proceeded to 20 minutes later somebody started hol- pitch in to help. So I wish to thank all call the roll. lering: Is anybody in there? She said those engaged in the rescue and clean- The PRESIDING OFFICER (Mr. she hollered back and they told her: up work at every level. COONS). The Senator from Illinois. Keep talking. We are going to get you John Monken, director of the Illinois Mr. DURBIN. Mr. President, I ask out of there. She escaped with a few Emergency Management Agency under unanimous consent that the order for scratches and bruises. She was one of Pat Quinn—the Governor has been the quorum call be rescinded. the lucky ones. Two of the homes down there twice—accompanied me on The PRESIDING OFFICER. Without across the street had been blown on top this trip, local units of the govern- objection, it is so ordered. of hers. It turned out across the street ment, the sheriff’s office, the local dis- Mr. DURBIN. Mr. President, I ask to a 22-year-old nurse at the local hospital aster agency people, all the volunteers, speak in morning business. had been killed by the same tornado. the Red Cross, a group called Operation The PRESIDING OFFICER. Without I have never seen this kind of tor- Blessing, which showed up—I had never objection, it is so ordered. nado and this kind of damage in my heard of them before. I bet they have

VerDate Mar 15 2010 00:14 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G05MR6.010 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1381 been around. They knew just what to that is on the horizon; we are trying to jority—perhaps a majority; maybe not do. They said: Every religious group or cover ourselves. We are profitmaking 60—to acknowledge this is a problem volunteer group that wants to help, people; if we can’t see a way to set up we could do anything about. But for us come check with us. We will send you a reserve for potential weather disas- to ignore this is to ignore the obvious. to a place where you might be needed. ters, we start backing off of coverage. Things are getting worse. Future gen- As I walked through the wreckage, It has been done. Many insurance com- erations will see even more challenges there were volunteers of every age, panies have walked away from places than we do today, and those of us with from little kids to elderly folks, with such as Florida because of hurricanes the responsibility to serve and lead rakes in their hands picking up trash and because of violent storms. need to at least stand and engage the and getting it off to the side and trying Then I asked them the question conversation, engage the dialogue with to put people’s lives together again. about whether the U.S. Government the American people about this issue. The scores of people made me proud to was adequately prepared to shoulder I urge my colleagues all across the represent that great State and the peo- the burden that comes with these dis- political spectrum to take a look at ple living in it. asters—and the burden does come, par- the reality and to stop turning their There are several things we need to ticularly for those uninsured. We end head and looking away. What is hap- talk about as a result of that disaster up as a government helping them. I pening out there with our weather pat- that cannot go unsaid. don’t begrudge people that. I am going terns is something that needs to be ac- I think it is not considered politi- to ask for my State, and I am sure the knowledged and something we need to cally correct now to talk about the Presiding Officer would do the same. respond to. state of climate in America, but I am Every Senator would. GAS PRICES going to because, as I stand here today, Here is the bottom line: When the Mr. President, one other thing I wish we have had 274 tornadoes already re- Bowles-Simpson Commission sat down to say is that as I went home, the tor- corded in America this year—274. At to try to determine how much we nado was the first item of discussion, this time last year we had 50. This tor- should budget each year for disasters, but the second was gasoline prices. I nado that hit my home State and, I they came up with what these people in went through the suburbs of Chicago might say, that tornado that hit Jop- the private sector said was a totally Friday night and saw a gasoline sta- lin, MO, last year were extraordinary unreasonable formula. It basically tion with gas at $4.09 a gallon. It got a events when it came to tornadoes. The averaged 10 years and put an additional little more reasonable as I went through deep southern Illinois, but it weather patterns are changing. The cost-of-living adjustment on it. They was still very expensive. weather events are more frequent and said that isn’t the future. The future is We have seen a significant increase, more severe. That is a fact. Are we a geometric progression in cost as but those of us who have been around ready? Are we prepared for it? Are we property becomes more expensive, as know that isn’t the first time. I could doing everything we can? The simple the storms become more violent. dust off my springtime press release We are not thinking about this, and and honest answer is no. that I put out every year expressing First, we need to acknowledge the we are not thinking about what we outrage with the oil companies for gas- obvious. I know I am walking on dan- should do to deal with it. We also need oline price increases. It happens every gerous ground, but the climate is to think about ways to warn people spring before Easter. Usually, after all changing. We have gone from a situa- about these disasters before they of the politicians get red in the face tion last year where we had the worst strike. We live in a new world. In the and sputter and run out of things to recorded blizzard in the history of Chi- old world we lived in—going back how say cursing the oil companies it kind of cago, followed 4 months later by the far I can’t say, maybe a century—we moderates in May or June and then, most rainfall ever recorded in 1 hour, would turn on a siren outside. That is get ready, it is coming again during to this situation with 274 tornadoes so still of some value. It warns people and the summer vacation season. far this year and literally scores of peo- they respond to it. But in this day and We are not helpless but we are cer- ple killed—six in Harrisburg, many in age there has to be a better way. Let tainly at the mercy of oil companies Kentucky and Tennessee and other me suggest a few. which, even when investigated by places. It is an indication the weather In some counties in my State, the major government agencies, can’t be is changing, the severity is changing, disaster agency has on record all of the found to have engaged in any con- and we need to be honest about it. We telephone numbers of all of the resi- spiracy or collusion, though it seems have to get beyond the political argu- dents. If something is coming, their passing strange that the same gas sta- ment into the world of reality. phone is going to ring too, not just the tions in town after town watch their I sincerely believe there are things siren outside that maybe they don’t prices go up in lockstep day after day we are doing that are affecting the hear because they are sleeping or be- and week after week. world we live in—affecting the melting cause the television is too loud but the There are those who think they have of the glaciers, affecting the disappear- telephone is going to ring too. That is a good, quick, easy answer and can’t ance of species, affecting the change of something we need to make standard understand why the rest of the world weather patterns all around. As long as across this country so there is a way to isn’t cheering them on. They want to we continue to take the politically reach everyone. drill their way out of this situation. convenient route of ignoring that, fu- I don’t know this because I am a lib- They believe if we find enough oil in ture generations can point a finger of eral arts lawyer. What do I know about America, gasoline prices will come blame at us for failing to acknowledge these things? It seems to me that we down and we are going to find our- the obvious when we might have had a ought to be able to deal with some selves oil independent. By last meas- chance to make some difference in fu- mechanism that allows people to re- ure, the United States has about 3 per- ture lives. That is a fact. ceive a notice when there is a warning cent of the world’s reserve of petro- Secondly, I held a hearing and I going out of something disastrous on leum. We consume each year 25 per- brought in not government experts but the way. I think that ought to be do- cent. Drilling our way out of this is experts from the private sector. Do my able. I am working with people in physically impossible. Yet that doesn’t colleagues know who knows more FEMA and others to talk about that mean we shouldn’t look for new, envi- about weather and damage events than possibility. ronmentally responsible and safe anyone in America? The insurance in- The point I wish to make is this: I sources for oil. dustry. I brought them in, property and think we have an obligation to reopen Here is the record: Domestic oil pro- casualty insurance companies, and I a conversation which we have walked duction is at the highest level in 8 asked them the same question: Is away from. There is not a chance that years. We would never believe it, hear- weather changing? They said it is obvi- we are going to pass significant legisla- ing speeches from the other side of the ous. Why do we think some companies tion on this floor this year when it aisle. In 2011, U.S. crude oil production are taking their business out of certain comes to climate change and what we reached its highest level since 2003, and places in America? We cannot set up a need to do about it. There is little or we are now drilling more than ever be- reserve for the possibility of damage no chance that we will even get a ma- fore. The number of oil drilling rigs in

VerDate Mar 15 2010 00:14 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G05MR6.012 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1382 CONGRESSIONAL RECORD — SENATE March 5, 2012 the United States is at a record high— the testimony of the oil companies. ation west of Tam Ky in Vietnam, quadrupling over the past 3 years of Canada’s oil production ships less than Bacon destroyed several enemy posi- the Obama administration. half of its current pipeline capacity to tions with hand grenades. When his Between oil and gas drilling rigs, the the United States. There is plenty of platoon leader was wounded, Bacon led United States now has more rigs at room for Canada to ship more right the platoon to destroy remaining work than the rest of the world com- now without a new pipeline. enemy positions. Bacon also took com- bined. Let me repeat that: Between oil Existing pipeline capacity would mand of a second platoon, 3rd Platoon, and gas drilling rigs, the United States offer 4.2 million barrels per day of Bravo Company, when its leader was now has more rigs at work than the crude oil to be transported from Can- killed and rallied both platoons against rest of the world combined. Those who ada to the United States. However, in the enemy. Providing cover for evacu- are saying there is lack of effort don’t 2010, Canada exported less than half of ation of wounded, Bacon climbed a know the obvious. We keep adding it—1.9 billion barrels a day—with exist- tank to fire at the enemy, a move that more. The administration has an- ing pipelines. Even doubling Canada’s exposed himself to enemy fire. He was nounced a new offshore oil and gas de- current production levels would not fill credited with killing at least four velopment program—they want to do it the Keystone XL Pipeline or bring an enemy soldiers and destroying an anti- carefully after the BP spill of 2 years additional 830,000 barrels a day to gulf tank gun. ago—which will open more than 75 per- refineries in the Texas region. So President Nixon awarded Nick the cent of our potential offshore oil and 830,000 barrels of crude oil simply can’t Medal of Honor for his bravery, heroics gas resources. produce 34 million gallons of gasoline. and valiant actions during this battle. Last year, Americans relied less on Even the best refiners could produce Nick’s heroics extended well beyond foreign oil than at any time in the past only about half that amount of gaso- the battlefield. He exemplified what it 16 years. Even the American Petroleum line. means to be a Medal of Honor recipient Institute agrees that American pro- I might also add that one of the in the way he lived his daily life ducers and refiners are producing more things that is troubling to some of us through his service to others. After retiring from the military, oil and reducing our reliance on im- is when the TransCanada Company was Nick continued his commitment to his ports. The American Petroleum Insti- asked in a hearing in the House by fellow soldiers by fulfilling the needs of tute has said without these two fac- Congressman ED MARKEY of Massachu- our veterans. He is considered by many tors, today’s prices might be even high- setts whether the oil coming down in Arkansas as the Father of Veterans er. from Canada through the Keystone XL We simply cannot drill our way to Affairs in the Natural State. Under his Pipeline would be used for domestic guidance as the director of Arkansas lower gasoline prices. The President consumption in the United States, he has proposed an approach that is bal- Department of Veterans Affairs, State said he couldn’t make that promise. So veterans saw the completion of the anced, and it is an approach with vi- this argument that the Keystone XL Fayetteville VA Long-term Care Facil- sion. It gets beyond the press release of Pipeline is going to reduce gas prices, ity, the development of the Arkansas the moment or Presidential campaign first, that pipeline is in the future; sec- State Veterans Cemetery and the cre- rhetoric. ond, there is existing pipeline capacity The President recently announced ation of the Arkansas Veterans’ Coali- that is unused; and, third, the company tion. new fuel efficiency standards for cars that is transporting it will make no Nick’s leadership in the department and light-duty trucks that will save promise that it will be used in the helped countless veterans in Arkansas Americans $1.7 trillion and reduce oil United States. It may not have any im- receive the benefits they deserve. His consumption by 2.2 million barrels per pact on our gasoline prices whatsoever. actions throughout his life have in- day by 2025. My wife and I drive a Ford We just can’t drill our way or ‘‘pipe- spired selfless service and sacrifice. Fusion hybrid. I looked at Consumer line’’ our way out of this problem. One Nick’s legacy will live on as we remem- Reports, and it is still rated very high- pipeline isn’t going to solve the prob- ber his consistent passion for veterans ly. We get over 30 miles a gallon. Prius lem. Drilling in pristine areas such as and his tireless advocacy on behalf of does even better—over 40 miles a gal- the Arctic National Wildlife Refuge is the men and women who wore our Na- lon. Toyota Camry is somewhere in the not going to solve the problem. We tion’s uniform.∑ upper thirties. There are ways to re- need a coordinated, balanced approach. f duce the use of gasoline with more We need to walk away from the height- fuel-efficient vehicles. I can tell my ened campaign rhetoric into a rational RECOGNIZING PHELPS MEMORIAL colleagues I don’t believe our family discussion about an energy policy for HEALTH CENTER makes any sacrifice when it comes to America: a balanced policy and one ∑ Mr. JOHANNS. Mr. President, today comfort and safety while driving this that is respectful of our environment, I wish to applaud the spirit of commu- Ford. provides the energy we need for eco- nity betterment that led to a beautiful The administration has also finalized nomic growth, as well as looks to inno- new wing of the Phelps Memorial the first ever national future efficiency vation and green energy approaches Health Center in Holdrege, NE. As standards for heavy-duty trucks, vans, that will create new businesses and often occurs across our great State, and buses. These standards will reduce new jobs for the 21st century in Amer- citizens in the area saw a need and rose oil consumption by over 500 million ica. to meet it. They joined forces with offi- barrels, saving the owners more than Mr. President, I yield the floor. cials at the hospital and set a deter- $50 billion in fuel costs. f mined course, without holding out The Department of Energy will make their hands for taxpayer dollars to $30 million available for a new research ADDITIONAL STATEMENTS make it happen. They recognized that competition to find ways to harness high quality medical care is part of the our abundant supplies of domestic nat- lifeblood of the community and knew REMEMBERING NICK BACON ural gas for vehicles. the hospital would benefit from renova- There is no magic bullet that can ∑ Mr. BOOZMAN. Mr. President, today tion and expansion. So, they rolled up bring Americans lower gas prices—not I wish to honor a true American hero their sleeves and came together to cre- drill baby, drill, and not the Keystone who always had our veterans at heart— ate the vision, raise the money and Pipeline in and of itself. Senator Nick Bacon. turn the dirt. HUTCHISON stated that the Keystone Bacon served in the U.S. Army from Some doubted the community would XL Pipeline would transport 830,000 1963–1984 serving two deployments to accomplish a multimillion dollar ex- barrels of crude oil from Canada to re- Vietnam. As a staff sergeant during his pansion during a recession in a rural fineries in Texas and that oil would second tour, Nick solidified his legacy area without taxpayer dollars. Those provide Americans with 34 million gal- as a hero. doubters underestimated the motiva- lons of gas a day. On August 26, 1968, while com- tion of Nebraskans who love their com- Unfortunately, Senator HUTCHISON’s manding a squad of the first platoon of munity. Citizens in the area have prov- statement doesn’t quite match up with Company B, 4th Battalion, in an oper- en that there is no limit to what can be

VerDate Mar 15 2010 01:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G05MR6.015 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1383 accomplished when people come to- Massachusetts in February 1952 to re- his efforts that night, for which he was gether. The new, state-of-the-art wing spond to the tanker Pendleton, which posthumously awarded the Navy and is truly impressive. was in distress. They braved 60-foot Marine Corps Medal for bravery. I was honored to see it firsthand seas, hurricane-force winds, and bliz- Others, such as Isaac Mayo and Jo- when I attended the ribbon-cutting zard conditions on a cold and rainy seph Napier, returned to shore multiple ceremony and applauded the many peo- night off the coast of New England. times to reembark on new boats after ple who poured their hearts into the Wind and waves smashed their wind- previous attempts caused them to cap- project. The nearly 50,000 additional shield and compass along the way, but size and several of their fellow crew- square feet; four cutting-edge oper- they managed to save the lives of 33 men to perish in the punishing waves. ating suites; and patient rooms with men in what many historians consider Both men eventually completed their maximum comfort and connectivity the most difficult small boat rescue in rescue missions successfully. are remarkable, to say the least. Coast Guard history. To this day, ca- These are just a handful of the 58 The heart and soul of healthcare in dets at the Coast Guard Academy in Coast Guardians who will serve as Nebraska is a hospital like the Phelps New London, CT, have never been able namesakes for the service’s newest Memorial Health Center, providing to fit so many men into a boat the size class of patrol boats, and their extraor- high-quality and compassionate care that Webber commanded. dinary acts of valor will continue to in- close to home. Today I celebrate their William Ray Flores was 19 years old spire future generations of heroes for success in turning an aging institution and less than 1 year out of boot camp centuries to come. We salute these into a state-of-the-art facility and when he gave his life to save his fellow brave Americans who risked and gave highlight it as a shining example of shipmates. On January 28, 1980, the 180- their lives to save others. We commend what can be accomplished with deter- foot Coast Guard buoy tender the Coast Guard for honoring their mination and commitment.∑ Blackthorn collided with a 605-foot oil memory through the dedication of the f tanker near the entrance to Tampa fast response cutter fleet, and we Bay. The Coast Guard vessel quickly thank the dedicated Cajun shipbuilders TRIBUTE TO COAST GUARD began to capsize after impact, and of Bollinger Shipyards in south Lou- HEROES crewmembers leapt from the deck to isiana for providing the Coast Guard ∑ Ms. LANDRIEU. Mr. President, it is escape the sinking ship. Flores, how- with the fastest, most durable patrol with great sadness that I mourn the ever, decided to strap himself to the boats available to carry out its mili- loss of one of our brave Coast Guard lifejacket locker door so he could float tary, law enforcement, and maritime airmen who gave his life in the line of lifejackets up to the surface as the ship safety missions. duty when a Coast Guard MH–65C heli- went down. Twenty-two of Flores’s Our Nation will continue to pray for copter crashed during a training flight shipmates tragically perished that day, the airmen onboard the Coast Guard in the vicinity of Mobile Bay, AL, on but 27 others survived thanks to his he- helicopter that went down in Mobile Tuesday evening with four crew- roic sacrifice. SA Billy Flores was post- Bay earlier this week, as well as their members aboard. Three other crew- humously awarded the Coast Guard loved ones. We owe them all a debt of members remain missing, and the Medal for his actions that day, the extreme gratitude for their service to Coast Guard is continuing to search for service’s highest award for heroism this country.∑ them in cooperation with State and during peacetime. f local authorities from Alabama and Margaret Norvell served for 41 years Florida. in the U.S. Lighthouse Service, begin- TRIBUTE TO MELVA E. RADCLIFFE The cause of the incident is still ning her career watching over the ∑ Mr. LAUTENBERG. Mr. President, under investigation, but it serves as a southern entrance to the Mississippi today I wish to congratulate Melva E. tragic reminder of the heroic sacrifices River at the Head of Passes and later Radcliffe on her 111th birthday this that the men and women of the U.S. taking over as keeper of the Port Pont- past Saturday, March 3. A lifelong na- Coast Guard make on a regular basis to chartrain Light and West End Light on tive of New Jersey, Mrs. Radcliffe is protect the people of this country from Lake Pontchartrain in New Orleans. In the oldest recorded resident of my terrorist threats, natural disasters, en- 1903, a storm destroyed every building State. Her father, the late Wilmer A. vironmental hazards, and criminal ac- in her small Louisiana community of Cadmus, served as mayor of my home- tivity. Our thoughts and prayers go out Buras except Norvell’s lighthouse. She town of Paterson. Mrs. Radcliffe at- to the families of the airmen onboard immediately responded by taking in tended the Paterson Normal School, the Coast Guard helo that went down the entire community and providing now William Paterson University, and Tuesday night, and I would like to take shelter and comfort to more than 200 of taught art and music to elementary this opportunity to honor their service, her fellow citizens who had been ren- school students in Paterson until 1968. and the exploits of many Coastguards- dered homeless. Later in her career in Her family tells us she has proudly men before them, who demonstrated the year 1926, Norvell received a report voted in every election since 1921, and extreme valor in the face of danger and that a naval airplane had crashed into greatly enjoyed traveling after she re- epitomized the virtues of bravery and Lake Pontchartrain. She immediately tired. I wish Mrs. Radcliffe all the best, sacrifice in service of their country. set out in her small rowboat and bat- and congratulate her on this amazing Scores of grateful Americans will tled a merciless squall for 2 hours be- milestone in her life.∑ gather this evening at the National fore she finally arrived at the scene of f World War II Museum in New Orleans the crash, rescued the downed aviator, to honor 14 extraordinary Coast Guard and brought him safely back to shore. MESSAGES FROM THE PRESIDENT heroes, and their family members will Stewards-Mate First Class Charles Messages from the President of the be in attendance to commemorate Walter David was a cook aboard the United States were communicated to their legacy. Tomorrow morning, Coast Guard cutter Comanche when the Senate by Mr. Pate, one of his sec- Bollinger Shipyards in Lockport, LA, the Army transport ship Dorchester retaries. will dedicate its fleet of fast response was attacked by a German U-Boat off f cutters and deliver the very first in the coast of Greenland on the night of class to the U.S. Coast Guard, the Ber- February 3, 1942. David dove into the EXECUTIVE MESSAGES REFERRED nard C. Webber. This will be the first frigid seas of the North Atlantic and As in executive session the Presiding class of ships in the history of the U.S. helped to save the lives of 93 soldiers Officer laid before the Senate messages military that bears the names of en- and many of his own crew including from the President of the United listed personnel, as opposed to U.S. the ship’s executive officer, who had States submitting sundry nominations Presidents and flag officers. I would accidentally fallen overboard. David which were referred to the appropriate like to take a few minutes to share did not return to his ship until every committees. some of their stories. last soul had been rescued from the (The nominations received today are PO Bernie Webber led a crew of four water. He contracted pneumonia sev- printed at the end of the Senate pro- volunteers from Chatham Station in eral days later and died as a result of ceedings.)

VerDate Mar 15 2010 02:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G05MR6.002 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1384 CONGRESSIONAL RECORD — SENATE March 5, 2012 MEASURES PLACED ON THE with respect to the Islamic Republic of XVIII of the Social Security Act to CALENDAR Iran, North Korea, and Syria, and for preserve access to urban Medicare-de- The following bill was read the sec- other purposes. pendent hospitals. ond time, and placed on the calendar: S. 1301 S. 1925 At the request of Mr. LEAHY, the H.R. 1837. An act to address certain water- At the request of Mr. LEAHY, the related concerns on the San Joaquin River, name of the Senator from Vermont names of the Senator from Arkansas and for other purposes. (Mr. SANDERS) was added as a cospon- (Mr. PRYOR) and the Senator from Ne- vada (Mr. REID) were added as cospon- f sor of S. 1301, a bill to authorize appro- priations for fiscal years 2012 through sors of S. 1925, a bill to reauthorize the INTRODUCTION OF BILLS AND 2015 for the Trafficking Victims Pro- Violence Against Women Act of 1994. JOINT RESOLUTIONS tection Act of 2000, to enhance meas- S. 1933 The following bills and joint resolu- ures to combat trafficking in persons, At the request of Mr. SCHUMER, the tions were introduced, read the first and for other purposes. name of the Senator from Pennsyl- vania (Mr. CASEY) was added as a co- and second times by unanimous con- S. 1350 sponsor of S. 1933, a bill to increase sent, and referred as indicated: At the request of Mr. COONS, the American job creation and economic By Mr. BAUCUS (for himself, Mr. name of the Senator from Alaska (Mr. growth by improving access to the pub- THUNE, Mr. BROWN of Ohio, Mr. BEGICH) was added as a cosponsor of S. MCCONNELL, Ms. STABENOW, Mr. lic capital markets for emerging 1350, a bill to expand the research, pre- growth companies. COBURN, Mr. ROCKEFELLER, Ms. COL- vention, and awareness activities of LINS, Mr. CASEY, Mr. PORTMAN, Mr. S. 1990 the Centers for Disease Control and CARPER, Mr. SESSIONS, Mr. MENEN- At the request of Mr. LIEBERMAN, the DEZ, Mrs. GILLIBRAND, Mr. NELSON of Prevention and the National Institutes names of the Senator from Colorado of Health with respect to pulmonary fi- Florida, Mr. MERKLEY, Mr. GRAHAM, (Mr. UDALL) and the Senator from Ohio Mr. ROBERTS, Mr. LEVIN, Ms. SNOWE, brosis, and for other purposes. (Mr. BROWN) were added as cosponsors Mr. BURR, Mrs. MCCASKILL, and Mr. S. 1461 of S. 1990, a bill to require the Trans- HELLER): At the request of Mr. NELSON of Flor- S. 2153. A bill to apply the countervailing portation Security Administration to duty provisions of the Tariff Act of 1930 to ida, the name of the Senator from comply with the Uniformed Services nonmarket economy countries, and for other South Carolina (Mr. GRAHAM) was Employment and Reemployment purposes; considered and passed. added as a cosponsor of S. 1461, a bill to Rights Act. By Mr. BEGICH: amend the Federal Food, Drug, and S. 2041 S. 2154. A bill to provide for research, mon- Cosmetic Act to clarify the Food and At the request of Mr. HOEVEN, the itoring, and observation of the Arctic Ocean Drug Administration’s jurisdiction name of the Senator from Louisiana and for other purposes; to the Committee on over certain tobacco products, and to (Ms. LANDRIEU) was added as a cospon- Finance. protect jobs and small businesses in- By Ms. STABENOW (for herself, Mr. sor of S. 2041, a bill to approve the Key- BROWN of Ohio, Ms. KLOBUCHAR, Mr. volved in the sale, manufacturing and stone XL pipeline project and provide COONS, Mr. CONRAD, Mr. CASEY, Mr. distribution of traditional and pre- for environmental protection and gov- TESTER, Mr. CARPER, Mr. HARKIN, and mium cigars. ernment oversight. Mr. NELSON of Nebraska): S. 1497 S. 2075 S. 2155. A bill to amend the Farm Security At the request of Ms. KLOBUCHAR, the At the request of Mr. LEVIN, the and Rural Investment Act of 2002 to promote name of the Senator from Ohio (Mr. name of the Senator from Rhode Island biobased manufacturing; to the Committee (Mr. WHITEHOUSE) was added as a co- on Agriculture, Nutrition, and Forestry. BROWN) was added as a cosponsor of S. 1497, a bill to amend title XVIII of the sponsor of S. 2075, a bill to close un- f Social Security Act to extend for 3 justified corporate tax loopholes, and ADDITIONAL COSPONSORS years reasonable cost contracts under for other purposes. S. 344 Medicare. S. 2134 At the request of Mr. BLUMENTHAL, At the request of Mr. REID, the name S. 1591 the name of the Senator from Oregon of the Senator from Nevada (Mr. HELL- At the request of Mrs. GILLIBRAND, (Mr. WYDEN) was added as a cosponsor ER) was added as a cosponsor of S. 344, the name of the Senator from Indiana a bill to amend title 10, United States (Mr. LUGAR) was added as a cosponsor of S. 2134, a bill to amend title 10, United States Code, to provide for cer- Code, to permit certain retired mem- of S. 1591, a bill to award a Congres- tain requirements relating to the re- bers of the uniformed services who sional Gold Medal to Raoul tirement, adoption, care, and recogni- have a service-connected disability to Wallenberg, in recognition of his tion of military working dogs, and for receive both disability compensation achievements and heroic actions dur- other purposes. from the Department of Veterans Af- ing the Holocaust. S. RES. 380 fairs for their disability and either re- S. 1845 At the request of Mr. GRAHAM, the tired pay by reason of their years of At the request of Mr. WYDEN, the names of the Senator from New Jersey military service or Combat-Related name of the Senator from New Jersey (Mr. LAUTENBERG), the Senator from Special Compensation, and for other (Mr. LAUTENBERG) was added as a co- Pennsylvania (Mr. TOOMEY), and the purposes. sponsor of S. 1845, a bill to amend the Senator from Colorado (Mr. BENNET) Internal Revenue Code of 1986 to pro- S. 998 were added as cosponsors of S. Res. 380, At the request of Mr. AKAKA, the vide for an energy investment credit a resolution to express the sense of the name of the Senator from North Caro- for energy storage property connected Senate regarding the importance of lina (Mrs. HAGAN) was added as a co- to the grid, and for other purposes. preventing the Government of Iran sponsor of S. 998, a bill to amend title S. 1884 from acquiring nuclear weapons capa- IV of the Employee Retirement Income At the request of Mr. DURBIN, the bility. Security Act of 1974 to require the Pen- name of the Senator from Minnesota AMENDMENT NO. 1537 sion Benefit Guaranty Corporation, in (Mr. FRANKEN) was added as a cospon- At the request of Mr. HOEVEN, the the case of airline pilots who are re- sor of S. 1884, a bill to provide States name of the Senator from Louisiana quired by regulation to retire at age 60, with incentives to require elementary (Ms. LANDRIEU) was added as a cospon- to compute the actuarial value of schools and secondary schools to main- sor of amendment No. 1537 intended to monthly benefits in the form of a life tain, and permit school personnel to be proposed to S. 1813, a bill to reau- annuity commencing at age 60. administer, epinephrine at schools. thorize Federal-aid highway and high- S. 1048 S. 1900 way safety construction programs, and At the request of Mr. MENENDEZ, the At the request of Mr. MENENDEZ, the for other purposes. name of the Senator from Utah (Mr. name of the Senator from Connecticut AMENDMENT NO. 1724 HATCH) was added as a cosponsor of S. (Mr. BLUMENTHAL) was added as a co- At the request of Mr. BEGICH, the 1048, a bill to expand sanctions imposed sponsor of S. 1900, a bill to amend title name of the Senator from Nebraska

VerDate Mar 15 2010 01:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.005 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1385 (Mr. NELSON) was added as a cosponsor amendment SA 1761 proposed by Mr. REID to pend amounts required to be obligated for of amendment No. 1724 intended to be the bill S. 1813, supra; which was ordered to this section to install diesel emission control proposed to S. 1813, a bill to reauthor- lie on the table. technology on covered equipment, with an engine that does not meet current model ize Federal-aid highway and highway SA 1788. Mr. BROWN of Ohio submitted an amendment intended to be proposed to year new engine standards for particulate safety construction programs, and for amendment SA 1761 proposed by Mr. REID to matter for the applicable engine power group other purposes. the bill S. 1813, supra; which was ordered to issued by the Environmental Protection f lie on the table. Agency, on a covered public transportation SA 1789. Mr. DEMINT submitted an amend- construction project within a PM2.5 non- AMENDMENTS SUBMITTED AND ment intended to be proposed by him to the attainment or maintenance area. Covered PROPOSED bill S. 1813, supra; which was ordered to lie equipment repowered or retrofit with diesel exhaust control technology installed during SA 1771. Mr. CARPER submitted an amend- on the table. SA 1790. Mr. BENNET (for himself and Mr. the 6-year period ending on the date on ment intended to be proposed by him to the which the prime contract was awarded for bill S. 1813, to reauthorize Federal-aid high- MORAN) submitted an amendment intended to be proposed by him to the bill S. 1813, the covered public transportation construc- way and highway safety construction pro- tion project and equipment that meets the grams, and for other purposes; which was or- supra; which was ordered to lie on the table. SA 1791. Mr. BENNET (for himself and Mr. Environmental Protection Agency Tier 4 dered to lie on the table. emission standards may be exempt from the WARNER) submitted an amendment intended SA 1772. Mr. PRYOR submitted an amend- requirements of this section. to be proposed to amendment SA 1761 pro- ment intended to be proposed by him to the ‘‘(b) DEFINITIONS.—In this section, the fol- bill S. 1813, supra; which was ordered to lie posed by Mr. REID to the bill S. 1813, supra; lowing definitions apply: which was ordered to lie on the table. on the table. ‘‘(1) COVERED EQUIPMENT.—The term ‘cov- SA 1773. Mr. PRYOR submitted an amend- SA 1792. Mrs. SHAHEEN (for herself, Ms. ered equipment’ means any nonroad diesel ment intended to be proposed by him to the MURKOWSKI, Ms. COLLINS, Mr. LEVIN, Ms. equipment or on-road diesel equipment that bill S. 1813, supra; which was ordered to lie KLOBUCHAR, Mr. SANDERS, Mr. BEGICH, Mr. is operated on a covered public transpor- on the table. LEAHY, Mr. MERKLEY, Ms. LANDRIEU, and Ms. tation construction project for not less than SA 1774. Mr. PORTMAN submitted an STABENOW) submitted an amendment in- 80 hours over the life of the project. amendment intended to be proposed to tended to be proposed by her to the bill S. ‘‘(2) COVERED PUBLIC TRANSPORTATION CON- amendment SA 1761 proposed by Mr. REID to 1813, supra; which was ordered to lie on the STRUCTION PROJECT.— the bill S. 1813, supra; which was ordered to table. ‘‘(A) IN GENERAL.—The term ‘covered pub- lie on the table. SA 1793. Mrs. FEINSTEIN submitted an lic transportation construction project’ SA 1775. Mr. CONRAD (for himself and Mr. amendment intended to be proposed to means a public transportation construction HOEVEN) submitted an amendment intended amendment SA 1761 proposed by Mr. REID to project carried out under this chapter or any to be proposed to amendment SA 1761 pro- the bill S. 1813, supra; which was ordered to other Federal law which is funded in whole posed by Mr. REID to the bill S. 1813, supra; lie on the table. or in part with Federal funds. which was ordered to lie on the table. SA 1794. Mr. ISAKSON (for himself and Mr. ‘‘(B) EXCLUSIONS.—Any project with a total SA 1776. Ms. CANTWELL submitted an CHAMBLISS) submitted an amendment in- budgeted cost not to exceed $5,000,000 may be amendment intended to be proposed by her tended to be proposed by him to the bill S. excluded from the requirements of this sec- to the bill S. 1813, supra; which was ordered 1813, supra; which was ordered to lie on the tion by an applicable State or metropolitan to lie on the table. table. planning organization. SA 1777. Mr. LEAHY submitted an amend- SA 1795. Mr. ISAKSON (for himself and Mr. ‘‘(3) DIESEL EMISSION CONTROL TECH- ment intended to be proposed by him to the CHAMBLISS) submitted an amendment in- NOLOGY.—The term ‘diesel emission control bill S. 1813, supra; which was ordered to lie tended to be proposed to amendment SA 1761 technology’ means a technology that— on the table. proposed by Mr. REID to the bill S. 1813, ‘‘(A) is— SA 1778. Mrs. FEINSTEIN submitted an supra; which was ordered to lie on the table. ‘‘(i) a diesel exhaust control technology; amendment intended to be proposed by her SA 1796. Mr. BROWN of Ohio (for himself ‘‘(ii) a diesel engine upgrade; to the bill S. 1813, supra; which was ordered and Mr. MERKLEY) submitted an amendment ‘‘(iii) a diesel engine repower; to lie on the table. intended to be proposed to amendment SA ‘‘(iv) an idle reduction control technology; SA 1779. Mr. ALEXANDER (for himself and 1761 proposed by Mr. REID to the bill S. 1813, or Mr. WYDEN) submitted an amendment in- supra; which was ordered to lie on the table. ‘‘(v) any combination of the technologies tended to be proposed by him to the bill S. SA 1797. Mr. DURBIN submitted an amend- listed in clauses (i) through (iv); 1813, supra; which was ordered to lie on the ment intended to be proposed by him to the ‘‘(B) reduces particulate matter emission table. bill S. 1813, supra; which was ordered to lie from covered equipment by— SA 1780. Mr. REID submitted an amend- on the table. ‘‘(i) not less than 85 percent control of any ment intended to be proposed by him to the SA 1798. Mr. BOOZMAN submitted an emission of particulate matter; or bill S. 1813, supra; which was ordered to lie amendment intended to be proposed to ‘‘(ii) the maximum achievable reduction of on the table. amendment SA 1761 proposed by Mr. REID to any emission of particulate matter, taking SA 1781. Mr. REID submitted an amend- the bill S. 1813, supra; which was ordered to cost and safety into account; and ment intended to be proposed by him to the lie on the table. ‘‘(C) is installed on and operated with the bill S. 1813, supra; which was ordered to lie SA 1799. Ms. CANTWELL (for herself and covered equipment while the equipment is on the table. Mr. RUBIO) submitted an amendment in- operated on a covered public transportation SA 1782. Mr. MENENDEZ (for himself, Mr. tended to be proposed to amendment SA 1761 construction project and that remains oper- BURR, and Mr. REID) submitted an amend- proposed by Mr. REID to the bill S. 1813, ational on the covered equipment for the ment intended to be proposed by him to the supra; which was ordered to lie on the table. useful life of the control technology or bill S. 1813, supra; which was ordered to lie f equipment. on the table. ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible SA 1783. Mr. CARPER (for himself and Mr. TEXT OF AMENDMENTS entity’ means an entity (including a subcon- LIEBERMAN) submitted an amendment in- SA 1771. Mr. CARPER submitted an tractor of the entity) that has entered into a tended to be proposed to amendment SA 1761 amendment intended to be proposed by prime contract or agreement with a State to proposed by Mr. REID to the bill S. 1813, carry out a covered public transportation supra; which was ordered to lie on the table. him to the bill S. 1813, to reauthorize construction project. SA 1784. Mr. HARKIN (for himself, Mr. Federal-aid highway and highway safe- ‘‘(5) NONROAD DIESEL EQUIPMENT.— MORAN, Mr. LEVIN, and Mr. NELSON of Ne- ty construction programs, and for ‘‘(A) IN GENERAL.—The term ‘nonroad die- braska) submitted an amendment intended other purposes; which was ordered to sel equipment’ means a vehicle, including to be proposed to amendment SA 1761 pro- lie on the table; as follows: covered equipment, that is— posed by Mr. REID to the bill S. 1813, supra; At the appropriate place, insert the fol- ‘‘(i) powered by a nonroad diesel engine of which was ordered to lie on the table. lowing: not less than 50 horsepower; and SA 1785. Mr. CORKER (for himself, Mr. ‘‘(ii) not intended for highway use. SEC. lll. CONSTRUCTION EQUIPMENT AND VE- TOOMEY, and Ms. AYOTTE) submitted an ‘‘(B) INCLUSIONS.—The term ‘nonroad diesel HICLES. amendment intended to be proposed by him equipment’ includes a backhoe, bulldozer, (a) IN GENERAL.—Chapter 53 of title 49, to the bill S. 1813, supra; which was ordered compressor, crane, excavator, generator, and United States Code, as amended by this Act, to lie on the table. similar equipment. is amended by adding at the end the fol- SA 1786. Mr. CORKER submitted an amend- ‘‘(C) EXCLUSIONS.—The term ‘nonroad die- lowing: ment intended to be proposed by him to the sel equipment’ does not include a locomotive bill S. 1813, supra; which was ordered to lie ‘‘§ 5341. Construction equipment and vehicles or marine vessel. on the table. ‘‘(a) IN GENERAL.—In accordance with the ‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term SA 1787. Mr. BROWN of Ohio submitted an obligation process established pursuant to ‘on-road diesel equipment’ means any self- amendment intended to be proposed to section 149(j)(4) of title 23, a State shall ex- propelled vehicle that—

VerDate Mar 15 2010 01:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.008 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1386 CONGRESSIONAL RECORD — SENATE March 5, 2012 ‘‘(A) operates on diesel fuel; plementation plans and transportation under a single life annuity (plus an amount ‘‘(B) is designed to transport persons or plans.’’. not in excess of a social security supplement property on a street or highway; and (b) SAVINGS CLAUSE.—Nothing in this sec- described in the last sentence of section ‘‘(C) has a gross vehicle weight rating of at tion modifies or otherwise affects any au- 411(a)(9)).’’. least 14,000 pounds. thority or restrictions established under the (c) EFFECTIVE DATE.— ‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE Clean Air Act (42 U.S.C. 7401 et seq.). (1) IN GENERAL.—The amendments made by AREA.—The term ‘PM2.5 nonattainment or (c) REPORT TO CONGRESS.— this section shall apply to annuity payments maintenance area’ means a nonattainment (1) IN GENERAL.—Not later than 2 years the annuity starting date for which occurs or maintenance area designated under sec- after the date of enactment of this Act, the on or after January 1, 2013. tion 107(d)(6) of the Clean Air Act (42 U.S.C. Secretary of Transportation shall submit to (2) PERMITTED APPLICATION.—A plan shall 7407(d)(6)). the Committee on Transportation and Infra- not be treated as failing to meet the require- ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For structure of the House of Representatives ments of section 206(g) of the Employee Re- purposes of subsection (b)(3)(A): and the Committee on Environment and tirement Income Security Act of 1974 (as ‘‘(1) DIESEL EXHAUST CONTROL TECH- Public Works and the Committee on Bank- amended by this section) and section 436(d) NOLOGY.—For a diesel exhaust control tech- ing, Housing, and Urban Affairs of the Sen- of the Internal Revenue Code of 1986 (as so nology, the technology shall be— ate a report that describes the manners in amended) merely because the plan sponsor ‘‘(A) installed on a diesel engine or vehicle; which section 5341 of title 49, United States elects to apply the amendments made by this ‘‘(B) a verified technology (as defined in Code (as added by subsection (a)) has been section to payments the annuity starting section 791 of the Energy Policy Act of 2005 implemented, including the quantity of cov- date for which occurs before January 1, 2013. (42 U.S.C. 16131)), for nonroad vehicles and ered equipment serviced under those sections nonroad engines (as defined in section 216 of and the costs associated with servicing the SA 1773. Mr. PRYOR submitted an the Clean Air Act (42 U.S.C. 7550)); and covered equipment. amendment intended to be proposed by ‘‘(C) certified by the installer as having (2) INFORMATION FROM STATES.—The Sec- him to the bill S. 1813, to reauthorize been installed in accordance with the speci- retary shall require States and recipients, as Federal-aid highway and highway safe- fications included on the list published pur- a condition of receiving amounts under this ty construction programs, and for Act or under the provisions of any amend- suant to section 149(f)(2) of title 23, as in ef- other purposes; which was ordered to fect on the day before the date of enactment ments made by this Act, to submit to the of the MAP-21, for achieving a reduction in Secretary any information that the Sec- lie on the table; as follows: particulate matter. retary determines necessary to complete the At the end of subtitle E of title I of divi- ‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel report under paragraph (1). sion A, add the following: engine upgrade, the upgrade shall be per- (d) FUNDING.—Section 149(j)(4) of title 23, SEC. 15ll. QUADRENNIAL ENERGY REVIEW. formed on an engine that is— United States Code, as amended by section (a) FINDINGS.—Congress finds that— ‘‘(A) rebuilt using new or manufactured 1113 of this Act, is amended— (1) the President’s Council of Advisors on components that collectively qualify as (1) in subparagraph (B), by inserting before Science and Technology recommends that verified technologies (as defined in section the period at the end the following: ‘‘of this the United States develop a Government 791 of the Energy Policy Act of 2005 (42 U.S.C. title and section 5341 of title 49’’; and wide Federal energy policy and update the 16131)), for nonroad vehicles and nonroad en- (2) in subparagraph (C)(i), in the matter policy regularly with strategic Quadrennial gines (as defined in section 216 of the Clean preceding subclause (I)— Energy Reviews similar to the reviews con- Air Act (42 U.S.C. 7550)); and (A) by inserting after ‘‘section 330’’ the fol- ducted by the Department of Defense; ‘‘(B) certified by the installer to have been lowing: ‘‘of this title and section 5341 of title (2) as the lead agency in support of energy installed in accordance with the specifica- 49’’; science and technology innovation, the De- tions included on the list published pursuant (B) by striking ‘‘such section’’ and insert- partment of Energy has conducted a Quad- to section 149(f)(2) of title 23, as in effect on ing ‘‘section 330 of this title and section 5341 rennial Technology Review of the energy the day before the date of enactment of the of title 49’’; and technology policies and programs of the De- MAP-21, for achieving a reduction in particu- (C) by striking ‘‘that section’’ and insert- partment; late matter. ing ‘‘those sections’’. (3) the Quadrennial Technology Review of ‘‘(3) DIESEL ENGINE REPOWER.—For a diesel (e) TECHNICAL AMENDMENT.—The analysis the Department of Energy serves as the basis engine repower, the repower shall be con- for chapter 53 of title 49, United States Code, for coordination with other agencies and on ducted using a new or remanufactured diesel as amended by this Act, is amended by add- other programs for which the Department engine that is— ing at the end the following: has a key role; ‘‘(A) installed as a replacement for an en- ‘‘5341. Construction equipment and vehi- (4) a Quadrennial Energy Review would— gine used in the existing equipment, subject cles.’’. (A) establish integrated, Government wide to the condition that the replaced engine is national energy objectives in the context of returned to the supplier for remanufacturing SA 1772. Mr. PRYOR submitted an economic, environmental, and security pri- to a more stringent set of engine emissions amendment intended to be proposed by orities; standards or for use as scrap; and him to the bill S. 1813, to reauthorize (B) coordinate actions across Federal agen- ‘‘(B) meeting a more stringent engine par- Federal-aid highway and highway safe- cies; ticulate matter emission standard for the ap- (C) identify the resources needed for the in- plicable engine power group established by ty construction programs, and for vention, adoption, and diffusion of energy the Environmental Protection Agency than other purposes; which was ordered to technologies; and the engine particulate matter emission lie on the table; as follows: (D) provide a strong analytical base for standard applicable to the replaced engine. At the end of division D, add the following: Federal energy policy decisions; ‘‘(4) IDLE REDUCTION CONTROL TECH- SEC. ll. SOCIAL SECURITY LEVEL-INCOME OP- (5) the development of an energy policy re- NOLOGY.—For an idle reduction control tech- TIONS. sulting from a Quadrennial Energy Review nology, the technology shall be— (a) ERISA AMENDMENT.—Section would— ‘‘(A) installed on a diesel engine or vehicle; 206(g)(3)(E) of the Employee Retirement In- (A) enhance the energy security of the ‘‘(B) a verified technology (as defined in come Security Act of 1974 (29 U.S.C. United States; section 791 of the Energy Policy Act of 2005 1056(g)(3)(E)) is amended by adding at the end (B) create jobs; and (42 U.S.C. 16131)), for nonroad vehicles and the following new sentence: ‘‘For purposes of (C) mitigate environmental harm; and nonroad engines (as defined in section 216 of applying clause (i) in the case of payments (6) while a Quadrennial Energy Review will the Clean Air Act (42 U.S.C. 7550)); and the annuity starting date for which occurs be a product of the executive branch, the re- ‘‘(C) certified by the installer as having on or before December 31, 2014, payments view will have substantial input from— been installed in accordance with the speci- under a social security leveling option shall (A) Congress; fications included on the list published pur- be treated as not in excess of the monthly (B) the energy industry; suant to section 149(f)(2) of title 23, as in ef- amount paid under a single life annuity (plus (C) academia; fect on the day before the date of enactment an amount not in excess of a social security (D) nongovernmental organizations; and of the MAP-21, for achieving a reduction in supplement described in the last sentence of (E) the public. particulate matter. section 204(b)(1)(G)).’’. (b) QUADRENNIAL ENERGY REVIEW.—Section ‘‘(d) ELIGIBILITY FOR CREDITS.— (b) IRC AMENDMENT.—Section 436(d)(5) of 801 of the Department of Energy Organiza- ‘‘(1) IN GENERAL.—A State may take credit the Internal Revenue Code of 1986 is amended tion Act (42 U.S.C. 7321) is amended to read in a State implementation plan for national by adding at the end the following new sen- as follows: ambient air quality standards for any emis- tence: ‘‘For purposes of applying subpara- ‘‘SEC. 801. QUADRENNIAL ENERGY REVIEW. sion reductions that result from the imple- graph (A) in the case of payments the annu- ‘‘(a) DEFINITIONS.—In this section: mentation of this section. ity starting date for which occurs on or be- ‘‘(1) DIRECTOR.—The term ‘Director’ means ‘‘(2) CREDITING.—An emission reduction de- fore December 31, 2014, payments under a so- the Director of the Office of Science and scribed in paragraph (1) may be credited to- cial security leveling option shall be treated Technology Policy within the Executive Of- ward demonstrating conformity of State im- as not in excess of the monthly amount paid fice of the President.

VerDate Mar 15 2010 01:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.010 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1387 ‘‘(2) FEDERAL LABORATORY.— ‘‘(II) the industrial sector; SA 1775. Mr. CONRAD (for himself ‘‘(A) IN GENERAL.—The term ‘Federal Lab- ‘‘(III) transportation; and and Mr. HOEVEN) submitted an amend- oratory’ has the meaning given the term ‘‘(IV) electric power; ment intended to be proposed to ‘laboratory’ in section 12(d) of the Steven- ‘‘(ii) requirements for invention, adoption, amendment SA 1761 proposed by Mr. son-Wydler Technology Innovation Act of development, and diffusion of energy tech- 1980 (15 U.S.C. 3710a(d)). nologies that are mapped onto each of the REID to the bill S. 1813, to reauthorize ‘‘(B) INCLUSION.—The term ‘Federal Lab- energy use sectors; and Federal-aid highway and highway safe- oratory’ includes a federally funded research ‘‘(iii) other research that inform strategies ty construction programs, and for and development center sponsored by a Fed- to incentivize desired actions; other purposes; which was ordered to eral agency. ‘‘(D) an assessment of policy options to in- lie on the table; as follows: ‘‘(3) INTERAGENCY ENERGY COORDINATION crease domestic energy supplies; At the end of section 125 of title 23, United COUNCIL.—The term ‘interagency energy co- ‘‘(E) an evaluation of energy storage, ordination council’ means a council estab- States Code (as amended by section 1107), transmission, and distribution requirements, add the following: lished under subsection (b)(1). including requirements for renewable en- ‘‘(g) PROTECTING PUBLIC SAFETY AND MAIN- ‘‘(4) QUADRENNIAL ENERGY REVIEW.—The ergy; TAINING ROADWAYS.—The Secretary may use term ‘Quadrennial Energy Review’ means a ‘‘(F) an integrated plan for the involve- amounts from the emergency fund author- comprehensive multiyear review, coordi- ment of the Federal Laboratories in energy ized by this section to carry out projects nated across the Federal agencies, that— programs; that the Secretary determines are necessary ‘‘(A) covers all energy programs and tech- ‘‘(G) portfolio assessments that describe to protect public safety or to maintain or nologies of the Federal Government; the optimal deployment of resources, includ- protect roadways that have been included ‘‘(B) establishes energy objectives across ing prioritizing financial resources for en- within the scope of a prior emergency dec- the Federal Government; and ergy programs; laration in order to maintain the continu- ‘‘(C) covers each of the areas described in ‘‘(H) a mapping of the linkages among ation of roadway services on roads that are subsection (d)(2). basic research and applied programs, dem- threatened by continuous or frequent flood- ‘‘(b) INTERAGENCY ENERGY COORDINATION onstration programs, and other innovation ing.’’. COUNCIL.— mechanisms across the Federal agencies; ‘‘(1) ESTABLISHMENT.—Beginning on Feb- ‘‘(I) an identification of, and projections ruary 1, 2013, and every 4 years thereafter, for, demonstration projects, including time- SA 1776. Ms. CANTWELL submitted the President shall establish an interagency frames, milestones, sources of funding, and an amendment intended to be proposed energy coordination council to coordinate management; by him to the bill S. 1813, to reauthor- the Quadrennial Energy Review. ‘‘(J) an identification of public and private ize Federal-aid highway and highway ‘‘(2) CO-CHAIRPERSONS.—The Secretary and funding needs for various energy tech- safety construction programs, and for the Director shall be co-chairpersons of the nologies, systems, and infrastructure, in- interagency energy coordination council. other purposes; which was ordered to cluding consideration of public-private part- lie on the table; as follows: ‘‘(3) MEMBERSHIP.—The interagency energy nerships, loans, and loan guarantees; coordination council shall be comprised of ‘‘(K) an assessment of global competitors At the appropriate place in division C, in- representatives at level I or II of the Execu- and an identification of programs that can sert the following: tive Schedule of— be enhanced with international cooperation; SEC. 3ll. OFFICE OF FREIGHT PLANNING AND ‘‘(A) the Department of Commerce; ‘‘(L) an identification of policy gaps that DEVELOPMENT. ‘‘(B) the Department of Defense; need to be filled to accelerate the adoption (a) IN GENERAL.—Section 102 of title 49, ‘‘(C) the Department of State; and diffusion of energy technologies, includ- United States Code, is amended— ‘‘(D) the Department of the Interior; ing consideration of— (1) by redesignating subsection (h) as sub- ‘‘(E) the Department of Agriculture; ‘‘(i) Federal tax policies; and section (i); and ‘‘(F) the Department of the Treasury; ‘‘(ii) the role of Federal agencies as early (2) by inserting after subsection (g) the fol- ‘‘(G) the Department of Transportation; adopters and purchasers of new energy tech- lowing: ‘‘(H) the Office of Management and Budget; nologies; ‘‘(h) OFFICE OF FREIGHT PLANNING AND DE- ‘‘(I) the National Science Foundation; ‘‘(M) an analysis of— VELOPMENT.— ‘‘(J) the Environmental Protection Agen- ‘‘(i) points of maximum leverage for policy ‘‘(1) ESTABLISHMENT.—There is established cy; and intervention to achieve outcomes; and within the Office of the Secretary an Office ‘‘(K) such other Federal organizations, de- ‘‘(ii) areas of energy policy that can be of Freight Planning and Development, which partments, and agencies that the President most effective in meeting national goals for shall— considers to be appropriate. the energy sector; and ‘‘(A) coordinate investment of Federal ‘‘(c) CONDUCT OF REVIEW.—Each Quadren- ‘‘(N) recommendations for executive funding to improve the efficiency of the na- nial Energy Review shall be conducted to branch organization changes to facilitate the tional transportation system to move freight provide an integrated view of national en- development and implementation of Federal consistent with the policy and objectives set ergy objectives and Federal energy policy, including (to the maximum extent prac- energy policies. forth in chapter 313; ticable) alignment of research programs, in- ‘‘(e) EXECUTIVE SECRETARIAT.— ‘‘(B) facilitate communication among gov- centives, regulations, and partnerships. ‘‘(1) IN GENERAL.—The Secretary shall pro- ernment, public, and private freight trans- ‘‘(d) SUBMISSION OF QUADRENNIAL ENERGY vide the Executive Secretariat with the nec- portation stakeholders; REVIEW TO CONGRESS.— essary analytical, financial, and administra- ‘‘(C) support the Secretary in the develop- ‘‘(1) IN GENERAL.—Not later than February tive support for the conduct of each Quad- ment of the National Freight Transportation 1, 2015, and every 4 years thereafter, the Sec- rennial Energy Review required under this Strategic Plan; and retary, in cooperation with the Director, section. ‘‘(D) carry out other duties, as prescribed shall publish and submit to Congress a re- ‘‘(2) COOPERATION.—The heads of applicable by the Secretary. port on the Quadrennial Energy Review. Federal agencies shall cooperate with the ‘‘(2) ORGANIZATION.—The head of the Office ‘‘(2) INCLUSIONS.—The report described in Secretary and provide such assistance, infor- shall be the Assistant Secretary of Freight paragraph (1) shall include, at a minimum— mation, and resources as the Secretary may Planning and Development.’’. ‘‘(A) an integrated view of short-, inter- require to assist in carrying out this sec- (b) CONFORMING AMENDMENTS.— mediate-, and long-term objectives for Fed- tion.’’. (1) ASSISTANT SECRETARIES.—Section 102(e) of title 49, United States Code, is amended by eral energy policy in the context of eco- (c) ADMINISTRATION.—Nothing in this sec- nomic, environmental, and security prior- tion or an amendment made by this section striking ‘‘4’’and inserting ‘‘5’’. ities; supersedes, modifies, amends, or repeals any (2) EXECUTIVE SCHEDULE.—Section 5315 of ‘‘(B) anticipated Federal actions (including provision of Federal law not expressly super- title 5, United States Code, is amended by programmatic, regulatory, and fiscal ac- seded, modified, amended, or repealed by this striking ‘‘(4)’’ in the item relating to Assist- tions) and resource requirements— section. ant Secretaries of Transportation and insert- ‘‘(i) to achieve the objectives described in ing ‘‘(5)’’. subparagraph (A); and ‘‘(ii) to be coordinated across multiple SA 1774. Mr. PORTMAN submitted an SA 1777. Mr. LEAHY submitted an agencies; amendment intended to be proposed to amendment intended to be proposed by ‘‘(C) an analysis of the prospective roles of amendment SA 1761 proposed by Mr. him to the bill S. 1813, to reauthorize parties (including academia, industry, con- REID to the bill S. 1813, to reauthorize Federal-aid highway and highway safe- sumers, the public, and Federal agencies) in Federal-aid highway and highway safe- ty construction programs, and for achieving the objectives described in sub- ty construction programs, and for paragraph (A), including— other purposes; which was ordered to other purposes; which was ordered to lie on the table; as follows: ‘‘(i) an analysis, by energy use sector, in- lie on the table; as follows: cluding— At the appropriate place, insert the fol- ‘‘(I) commercial and residential buildings; Strike section 1406. lowing:

VerDate Mar 15 2010 01:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.011 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1388 CONGRESSIONAL RECORD — SENATE March 5, 2012 TITLE lll—PUBLIC SAFETY OFFICERS (vi) by striking ‘‘the total’’ and all that (B) by striking ‘‘who have died in the line AND VOLUNTEERS follows through ‘‘For’’ and inserting ‘‘for’’; of duty’’ and inserting ‘‘who have sustained Subtitle A—Public Safety Officers Benefits and fatal or catastrophic injury in the line of (vii) by striking ‘‘That these’’ and all that duty’’; SEC. ll21. SHORT TITLE. follows through the period, and inserting (5) in section 1204 (42 U.S.C. 3796b)— This subtitle may be cited as the ‘‘Dale ‘‘That the amount payable under this sub- (A) in paragraph (1), by striking ‘‘con- Long Public Safety Officers’ Benefits Im- section shall be the amount payable as of the sequences of an injury that’’ and inserting provements Act of 2012’’. date of catastrophic injury of such public ‘‘an injury, the direct and proximate con- SEC. ll22. BENEFITS FOR CERTAIN NONPROFIT safety officer.’’; sequences of which’’; EMERGENCY MEDICAL SERVICE (C) in subsection (f)— (B) in paragraph (3)— PROVIDERS AND CERTAIN TRAIN- (i) in paragraph (1), by striking ‘‘, as EES; MISCELLANEOUS AMEND- (i) in the matter preceding clause (i)— MENTS. amended (D.C. Code, sec. 4–622); or’’ and in- (I) by inserting ‘‘or permanently and to- serting a semicolon; (a) IN GENERAL.—Title I of the Omnibus tally disabled’’ after ‘‘deceased’’; and Crime Control and Safe Streets Act of 1968 (ii) in paragraph (2)— (II) by striking ‘‘death’’ and inserting (42 U.S.C. 3711 et seq.) is amended— (I) by striking ‘‘. Such beneficiaries shall ‘‘fatal or catastrophic injury’’; and (1) in section 901(a) (42 U.S.C. 3791(a))— only receive benefits under such section 8191 (ii) by redesignating clauses (i), (ii), and that’’ and inserting ‘‘, such that bene- (A) in paragraph (26), by striking ‘‘and’’ at (iii) as subparagraphs (A), (B), and (C), re- ficiaries shall receive only such benefits the end; spectively; under such section 8191 as’’; and (B) in paragraph (27), by striking the pe- (C) in paragraph (5)— (II) by striking the period at the end and riod at the end and inserting ‘‘; and’’; and (i) by striking ‘‘post-mortem’’ each place it inserting ‘‘; or’’; and (C) by adding at the end the following: appears and inserting ‘‘post-injury’’; (iii) by adding at the end the following: ‘‘(28) the term ‘hearing examiner’ includes (ii) by redesignating clauses (i) and (ii) as ‘‘(3) payments under the September 11th any medical or claims examiner.’’; subparagraphs (A) and (B), respectively; and Victim Compensation Fund of 2001 (49 U.S.C. (2) in section 1201 (42 U.S.C. 3796)— (iii) in subparagraph (B), as so redesig- 40101 note; Public Law 107–42).’’; (A) in subsection (a), by striking ‘‘follows:’’ nated, by striking ‘‘death’’ and inserting (D) by amending subsection (k) to read as and all that follows and inserting the fol- ‘‘fatal or catastrophic injury’’; follows: lowing: ‘‘follows (if the payee indicated is (D) in paragraph (7), by striking ‘‘public ‘‘(k) As determined by the Bureau, a heart living on the date on which the determina- attack, stroke, or vascular rupture suffered employee member of a rescue squad or ambu- tion is made)— by a public safety officer shall be presumed lance crew;’’ and inserting ‘‘employee or vol- ‘‘(1) if there is no child who survived the to constitute a personal injury within the unteer member of a rescue squad or ambu- public safety officer, to the surviving spouse meaning of subsection (a), sustained in the lance crew (including a ground or air ambu- of the public safety officer; line of duty by the officer and directly and lance service) that— ‘‘(2) if there is at least 1 child who survived proximately resulting in death, if— ‘‘(A) is a public agency; or the public safety officer and a surviving ‘‘(1) the public safety officer, while on ‘‘(B) is (or is a part of) a nonprofit entity spouse of the public safety officer, 50 percent duty— serving the public that— to the surviving child (or children, in equal ‘‘(A) engages in a situation involving non- ‘‘(i) is officially authorized or licensed to shares) and 50 percent to the surviving routine stressful or strenuous physical law engage in rescue activity or to provide emer- spouse; enforcement, fire suppression, rescue, haz- gency medical services; and ‘‘(3) if there is no surviving spouse of the ardous material response, emergency med- ‘‘(ii) is officially designated as a public safety officer, to the surviving child ical services, prison security, disaster relief, prehospital emergency medical response (or children, in equal shares); or other emergency response activity; or agency;’’; and ‘‘(4) if there is no surviving spouse of the ‘‘(B) participates in a training exercise in- (E) in paragraph (9)— public safety officer and no surviving child— volving nonroutine stressful or strenuous (i) in subparagraph (A), by striking ‘‘as a ‘‘(A) to the surviving individual (or indi- physical activity; chaplain, or as a member of a rescue squad viduals, in shares per the designation, or, ‘‘(2) the heart attack, stroke, or vascular or ambulance crew;’’ and inserting ‘‘or as a otherwise, in equal shares) designated by the rupture commences— chaplain;’’; public safety officer to receive benefits under ‘‘(A) while the officer is engaged or partici- (ii) in subparagraph (B)(ii), by striking this subsection in the most recently exe- pating as described in paragraph (1); ‘‘or’’ after the semicolon; cuted designation of beneficiary of the public ‘‘(B) while the officer remains on that duty (iii) in subparagraph (C)(ii), by striking the safety officer on file at the time of death after being engaged or participating as de- period and inserting ‘‘; and’’; and with the public safety agency, organization, scribed in paragraph (1); or (iv) by adding at the end the following: or unit; or ‘‘(C) not later than 24 hours after the offi- ‘‘(D) a member of a rescue squad or ambu- ‘‘(B) if there is no individual qualifying cer is engaged or participating as described lance crew who, as authorized or licensed by under subparagraph (A), to the surviving in- in paragraph (1); and law and by the applicable agency or entity dividual (or individuals, in equal shares) des- ‘‘(3) the heart attack, stroke, or vascular (and as designated by such agency or entity), ignated by the public safety officer to re- rupture directly and proximately results in is engaging in rescue activity or in the provi- ceive benefits under the most recently exe- the death of the public safety officer, sion of emergency medical services.’’; cuted life insurance policy of the public safe- (6) in section 1205 (42 U.S.C. 3796c), by add- unless competent medical evidence estab- ty officer on file at the time of death with lishes that the heart attack, stroke, or vas- ing at the end the following: the public safety agency, organization, or cular rupture was unrelated to the engage- ‘‘(d) Unless expressly provided otherwise, unit; ment or participation or was directly and any reference in this part to any provision of ‘‘(5) if there is no individual qualifying proximately caused by something other than under paragraph (1), (2), (3), or (4), to the sur- law not in this part shall be understood to the mere presence of cardiovascular-disease constitute a general reference under the doc- viving parent (or parents, in equal shares) of risk factors.’’; and trine of incorporation by reference, and thus the public safety officer; or (E) by adding at the end the following: ‘‘(6) if there is no individual qualifying ‘‘(n) The public safety agency, organiza- to include any subsequent amendments to under paragraph (1), (2), (3), (4), or (5), to the tion, or unit responsible for maintaining on the provision.’’; surviving individual (or individuals, in equal file an executed designation of beneficiary or (7) in each of subsections (a) and (b) of sec- shares) who would qualify under the defini- executed life insurance policy for purposes of tion 1212 (42 U.S.C. 3796d–1), sections 1213 and tion of the term ‘child’ under section 1204 subsection (a)(4) shall maintain the confiden- 1214 (42 U.S.C. 3796d–2 and 3796d–3), and sub- but for age.’’; tiality of the designation or policy in the sections (b) and (c) of section 1216 (42 U.S.C. (B) in subsection (b)— same manner as the agency, organization, or 3796d–5), by striking ‘‘dependent’’ each place (i) by striking ‘‘direct result of a cata- unit maintains personnel or other similar it appears and inserting ‘‘person’’; strophic’’ and inserting ‘‘direct and proxi- records of the public safety officer.’’; (8) in section 1212 (42 U.S.C. 3796d–1)— mate result of a personal’’; (3) in section 1202 (42 U.S.C. 3796a)— (A) in subsection (a)— (ii) by striking ‘‘pay,’’ and all that follows (A) by striking ‘‘death’’, each place it ap- (i) in paragraph (1), in the matter pre- through ‘‘the same’’ and inserting ‘‘pay the pears except the second place it appears, and ceding subparagraph (A), by striking ‘‘Sub- same’’; inserting ‘‘fatal’’; and ject’’ and all that follows through ‘‘, the’’ (iii) by striking ‘‘in any year’’ and insert- (B) in paragraph (1), by striking ‘‘or cata- and inserting ‘‘The’’; and ing ‘‘to the public safety officer (if living on strophic injury’’ the second place it appears (ii) in paragraph (3), by striking ‘‘reduced the date on which the determination is and inserting ‘‘, disability, or injury’’; by’’ and all that follows through ‘‘(B) the made)’’; (4) in section 1203 (42 U.S.C. 3796a–1)— amount’’ and inserting ‘‘reduced by the (iv) by striking ‘‘in such year, adjusted’’ (A) in the section heading, by striking amount’’; and inserting ‘‘with respect to the date on ‘‘WHO HAVE DIED IN THE LINE OF DUTY’’ (B) in subsection (c)— which the catastrophic injury occurred, as and inserting ‘‘WHO HAVE SUSTAINED (i) in the subsection heading, by striking adjusted’’; FATAL OR CATASTROPHIC INJURY IN THE ‘‘DEPENDENT’’; and (v) by striking ‘‘, to such officer’’; LINE OF DUTY’’; and (ii) by striking ‘‘dependent’’;

VerDate Mar 15 2010 02:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.013 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1389 (9) in section 1213(b)(2) (42 U.S.C. 3796d– ambulance crew (as defined in section 1204(8) ‘‘(E) a project that— 2(b)(2)), by striking ‘‘dependent’s’’ each place of title I of the Omnibus Crime Control and it appears and inserting ‘‘person’s’’; Safe Streets Act of 1968, as amended by this SA 1779. Mr. ALEXANDER (for him- (10) in section 1216 (42 U.S.C. 3796d–5)— subtitle), the amendments made by this sub- self and Mr. WYDEN) submitted an (A) in subsection (a), by striking ‘‘each de- title shall apply to injuries sustained on or amendment intended to be proposed by pendent’’ each place it appears and inserting after June 1, 2009. him to the bill S. 1813, to reauthorize ‘‘a spouse or child’’; and (2) HEART ATTACKS, STROKES, AND VASCULAR Federal-aid highway and highway safe- (B) by striking ‘‘dependents’’ each place it RUPTURES.—Section 1201(k) of title I of the ty construction programs, and for appears and inserting ‘‘a person’’; and Omnibus Crime Control and Safe Streets Act (11) in section 1217(3)(A) (42 U.S.C. 3796d– of 1968, as amended by this subtitle, shall other purposes; which was ordered to 6(3)(A)), by striking ‘‘described in’’ and all apply to heart attacks, strokes, and vascular lie on the table; as follows: that follows and inserting ‘‘an institution of ruptures sustained on or after December 15, At the end, add the following: higher education, as defined in section 102 of 2003. DIVISION llAIR TRANSPORTATION the Higher Education Act of 1965 (20 U.S.C. Subtitle B—Liability Protection for Volunteer SEC. ll. TECHNICAL CORRECTIONS RELATING 1002); and’’. Pilots That Fly for Public Benefit TO OVERFLIGHTS OF NATIONAL (b) TECHNICAL AND CONFORMING AMEND- PARKS. SEC. ll41. SHORT TITLE. MENT.—Section 402(l)(4)(C) of the Internal (a) IN GENERAL.—Section 40128 of title 49, This subtitle may be cited as the ‘‘Volun- Revenue Code of 1986 is amended— United States Code, is amended to read as teer Pilot Protection Act of 2012’’. (1) by striking ‘‘section 1204(9)(A)’’ and in- follows: SEC. ll42. FINDINGS AND PURPOSE. serting ‘‘section 1204(10)(A)’’; and ‘‘§ 40128. Overflights of national parks (a) FINDINGS.—Congress finds the fol- (2) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and ‘‘(a) IN GENERAL.— inserting ‘‘42 U.S.C. 3796b(10)(A)’’. lowing: (1) Many volunteer pilots fly for public ‘‘(1) GENERAL DELINEATION OF RESPONSIBIL- SEC. ll23. AUTHORIZATION OF APPROPRIA- ITIES.— TIONS; DETERMINATIONS; APPEALS. benefit and provide valuable services to com- munities and individuals. ‘‘(A) AUTHORITY OF DIRECTOR.—The Direc- The matter under the heading ‘‘PUBLIC (2) In 2006, volunteer pilots provided long- tor has the authority to establish air tour SAFETY OFFICERS BENEFITS’’ under the head- distance, no-cost transportation for more management plans, issue air tour permits for ing ‘‘OFFICE OF JUSTICE PROGRAMS’’ under than 58,000 people during times of special commercial air tour operations conducted in title II of division B of the Consolidated Ap- accordance with an air tour management propriations Act, 2008 (Public Law 110–161; need. (b) PURPOSE.—The purpose of this subtitle plan, enter into a voluntary agreement with 121 Stat. 1912; 42 U.S.C. 3796c–2) is amended— is to promote the activities of volunteer pi- a commercial air tour operator, and issue in- (1) by striking ‘‘decisions’’ and inserting lots who fly for public benefit and to sustain terim operating permits under subsection ‘‘determinations’’; the availability of the services that such vol- (c). (2) by striking ‘‘(including those, and any unteers provide, including the following: ‘‘(B) AUTHORITY OF ADMINISTRATOR.—The related matters, pending)’’; and (1) Transportation at no cost to financially Administrator has the authority to ensure (3) by striking the period at the end and in- needy medical patients for medical treat- that any action taken under this section serting the following: ‘‘: Provided further, ment, evaluation, and diagnosis. does not adversely affect aviation safety or That, on and after the date of enactment of (2) Flights for humanitarian and charitable the management of the national airspace the Dale Long Public Safety Officers’ Bene- purposes. system. fits Improvements Act of 2012, as to each (3) Other flights of compassion. ‘‘(2) GENERAL REQUIREMENTS.—A commer- such statute— SEC. ll43. LIABILITY PROTECTION FOR VOLUN- cial air tour operator may not conduct com- ‘‘(1) the provisions of section 1001(a)(4) of mercial air tour operations over a national such title I (42 U.S.C. 3793(a)(4)) shall apply; TEER PILOTS THAT FLY FOR PUBLIC BENEFIT. park or tribal lands, as defined by this sec- ‘‘(2) payment shall be made only upon a de- Section 4(a)(4) of the Volunteer Protection tion, except— termination by the Bureau that the facts le- Act of 1997 (42 U.S.C. 14503(a)(4)) is amended ‘‘(A) in accordance with this section; gally warrant the payment; by striking ‘‘craft, or vessel’’ and all that ‘‘(B) in accordance with conditions and ‘‘(3) any reference to section 1202 of such follows and inserting the following: ‘‘craft, limitations prescribed for that operator; and title I shall be deemed to be a reference to or vessel to possess an operator’s license or ‘‘(C) in accordance with any applicable air paragraphs (2) and (3) of such section 1202; maintain insurance, except that this para- tour management plan or voluntary agree- and graph does not apply to a volunteer who— ment developed under subsection (b) for the ‘‘(4) a certification submitted under any ‘‘(A) was operating an aircraft in further- park or tribal lands. such statute may be accepted by the Bureau ance of the purpose of a volunteer pilot non- ‘‘(3) APPLICATION FOR OPERATING AUTHOR- as prima facie evidence of the facts asserted profit organization that flies for public ben- ITY.— in the certification: efit; and ‘‘(A) APPLICATION REQUIRED.—Before com- Provided further, That, on and after the date ‘‘(B) was properly licensed and insured for mencing commercial air tour operations of enactment of the Dale Long Public Safety the operation of the aircraft.’’. over a national park or tribal lands, a com- Officers’ Benefits Improvements Act of 2012, mercial air tour operator shall apply to the no appeal shall bring any final determina- SA 1778. Mrs. FEINSTEIN submitted Director for authority to conduct the oper- tion of the Bureau before any court for re- an amendment intended to be proposed ations over the park or tribal lands. view unless notice of appeal is filed (within by her to the bill S. 1813, to reauthorize ‘‘(B) NUMBER OF OPERATIONS AUTHORIZED.— the time specified herein and in the manner Federal-aid highway and highway safe- In determining the number of authorizations prescribed for appeal to United States courts to issue to provide commercial air tour oper- of appeals from United States district ty construction programs, and for ations over a national park, the Director courts) not later than 90 days after the date other purposes; which was ordered to shall take into consideration the provisions on which the Bureau serves notice of the lie on the table; as follows: of the air tour management plan, the num- final determination: Provided further, That In section 601(a)(11) of title 23, United ber of existing commercial air tour operators any regulations promulgated by the Bureau States Code (as amended by section 3002), and current level of service and equipment under such part (or any such statute) before, strike subparagraph (C) and all that follows provided by any such operators, and the fi- on, or after the date of enactment of the through ‘‘(D) a project that—’’ and insert the nancial viability of each commercial air tour Dale Long Public Safety Officers’ Benefits following: operation. Improvements Act of 2012 shall apply to any ‘‘(C) a project for intercity passenger bus ‘‘(C) CONSULTATION WITH FAA.—Before matter pending on, or filed or accruing after, or rail facilities and vehicles, including fa- granting an application under this para- the effective date specified in the regula- cilities and vehicles owned by the National graph, the Director, in consultation with the tions, except as the Bureau may indicate Railroad Passenger Corporation and compo- Administrator, shall develop an air tour otherwise.’’. nents of magnetic levitation transportation management plan in accordance with sub- SEC. ll24. EFFECTIVE DATE. systems; section (b) and implement such plan. (a) IN GENERAL.—Except as provided in ‘‘(D) a project for the acquisition of plant ‘‘(D) TIME LIMIT ON RESPONSE TO ATMP AP- subsection (b), the amendments made by this and wildlife habitat pursuant to a conserva- PLICATIONS.—The Director shall make every subtitle shall— tion plan that— effort to act on any application under this (1) take effect on the date of enactment of (i) has been approved by the Secretary of paragraph and issue a decision on the appli- this Act; and the Interior pursuant to section 10 of the En- cation not later than 24 months after it is re- (2) apply to any matter pending, before the dangered Species Act of 1973 (16 U.S.C. 1539); ceived or amended. Bureau of Justice Assistance or otherwise, and ‘‘(E) PRIORITY.—In acting on applications on the date of enactment of this Act, or filed (ii) in the judgment of the Secretary, under this paragraph to provide commercial or accruing after that date. would mitigate the environmental impacts air tour operations over a national park, the (b) EXCEPTIONS.— of transportation infrastructure projects Director shall give priority to an application (1) RESCUE SQUADS AND AMBULANCE otherwise eligible for assistance under this under this paragraph in any case in which a CREWS.—For a member of a rescue squad or chapter; and new entrant commercial air tour operator is

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seeking operating authority with respect to ‘‘(B) may establish conditions for the con- ‘‘(B) PARK PROTECTION.—A voluntary that national park. duct of commercial air tour operations over agreement entered into under subparagraph ‘‘(4) EXCEPTION.—Notwithstanding para- a national park, including commercial air (A) shall protect the national park resources, graph (2), commercial air tour operators may tour routes, maximum or minimum alti- values, and visitor experience without com- conduct commercial air tour operations over tudes, time-of-day restrictions, restrictions promising aviation safety or the manage- a national park under part 91 of the title 14, for particular events, maximum number of ment of the national airspace system and Code of Federal Regulations, if— flights per unit of time, intrusions on pri- may— ‘‘(A) such activity is permitted under part vacy on tribal lands, and mitigation of noise, ‘‘(i) include provisions such as those in- 119 of such title; visual, or other impacts; cluded in the content of an air tour manage- ‘‘(B) the total number of operations under ‘‘(C) shall apply to all commercial air tour ment plan; this exception is limited to not more than operations over a national park that are also ‘‘(ii) include provisions to ensure the sta- five flights in any 30-day period over a par- within 1⁄2 mile outside the boundary of a na- bility of, and compliance with, the voluntary ticular park; and tional park; agreement; and ‘‘(C) the operator complies with the condi- ‘‘(D) shall include incentives (such as pre- ‘‘(iii) provide for fees for such operations. tions under which the operations will be con- ferred commercial air tour routes and alti- ‘‘(C) PUBLIC REVIEW.—The Director shall ducted as established by the Director, in con- tudes, relief from caps and curfews) for the provide an opportunity for public review of a sultation with the Administrator. adoption of quiet aircraft technology by proposed voluntary agreement under this ‘‘(5) SPECIAL RULE FOR SAFETY REQUIRE- commercial air tour operators conducting paragraph and shall consult with any Indian MENTS.—Before receiving a permit issued commercial air tour operations over a na- tribe whose tribal lands are, or may be, under this section, a commercial air tour op- tional park when practicable; flown over by a commercial air tour operator erator shall have obtained the appropriate ‘‘(E) shall provide for the initial allocation under a voluntary agreement under this operating authority as required by the Ad- of opportunities to conduct commercial air paragraph. After such opportunity for public ministrator under part 119, 121, or 135 of title tour operations over a national park if the review and consultation, the voluntary 14, Code of Federal Regulations, to conduct plan includes a limitation on the number of agreement may be implemented without fur- operations under this section. commercial air tour operations for any time ther administrative or environmental proc- ‘‘(6) EXEMPTION FOR NATIONAL PARKS WITH 50 period; ess beyond that described in this subsection. OR FEWER FLIGHTS EACH YEAR.— ‘‘(F) may not have been found to have ad- ‘‘(D) TERMINATION.— ‘‘(A) IN GENERAL.—A national park that verse effects on aviation safety or the man- ‘‘(i) IN GENERAL.—A voluntary agreement has 50 or fewer commercial air tour oper- agement of the national airspace system by under this paragraph may be terminated at ations over the park each year shall be ex- the Administrator; and any time at the discretion of— empt from the requirements of this section, ‘‘(G) shall justify and document the need ‘‘(I) the Director, if the Director deter- except as provided in subparagraph (B). for measures taken pursuant to subpara- mines that the agreement is not adequately ‘‘(B) WITHDRAWAL OF EXEMPTION.—If the graphs (A) through (F). protecting park resources or visitor experi- Director determines that an air tour man- ‘‘(4) PROCEDURE.—In establishing an air ences; or agement plan or voluntary agreement is nec- tour management plan for a national park or ‘‘(II) the Administrator, if the Adminis- essary to protect park resources and values tribal lands, the Director shall— trator determines that the agreement is ad- or park visitor use and enjoyment, the Direc- ‘‘(A) hold at least one public meeting with versely affecting aviation safety or the na- tor shall withdraw the exemption of a park interested parties to develop the air tour tional airspace system. under subparagraph (A). management plan; ‘‘(ii) EFFECT OF TERMINATION.—If a vol- ‘‘(C) LIST OF PARKS.—The Director shall ‘‘(B) publish a notice of availability of the untary agreement with respect to a national maintain a list each year of national parks proposed plan in the Federal Register for no- park is terminated under this subparagraph, that are covered by the exemption provided tice and comment and make copies of the the operators shall conform to the require- under this paragraph. proposed plan available to the public; ments for an interim operating permit under ‘‘(b) AIR TOUR MANAGEMENT PLANS.— ‘‘(C) comply with the regulations set forth subsection (c) until an air tour management ‘‘(1) ESTABLISHMENT.— in parts 1500 through 1508 of title 40, Code of plan for the park is in effect. ‘‘(A) IN GENERAL.—The Director, in con- Federal Regulations; sultation with the Administrator, shall es- ‘‘(D) solicit the participation of any Indian ‘‘(c) INTERIM OPERATING AUTHORITY.— tablish an air tour management plan for any tribe whose tribal lands are, or may be, ‘‘(1) IN GENERAL.—Interim operating au- national park or tribal land for which such a overflown by aircraft involved in a commer- thority granted by the Administrator under plan is not in effect whenever a person ap- cial air tour operation over the park or trib- this subsection, as in effect on the day before plies for authority to conduct a commercial al lands to which the plan applies, as a co- the date of the enactment of the Moving air tour operation over the park. The air operating agency under the regulations re- Ahead for Progress in the 21st Century Act, tour management plan shall be developed by ferred to in subparagraph (C); and shall, on and after such date of enactment, means of a public process in accordance with ‘‘(E) consult with the Administrator with be known as an interim operating permit and paragraph (4). respect to effects on aviation safety and the be administered by the Director in accord- ‘‘(B) OBJECTIVE.—The objective of any air management of the national airspace sys- ance with the conditions of this subsection. tour management plan shall be to develop tem. ‘‘(2) REQUIREMENTS AND LIMITATIONS.—An acceptable and effective measures to miti- ‘‘(5) JUDICIAL REVIEW.—An air tour man- interim operating permit— gate or prevent the significant adverse im- agement plan developed under this sub- ‘‘(A) shall maintain the same annual au- pacts, if any, of commercial air tour oper- section shall be subject to judicial review thorizations as provided for interim oper- ations upon the natural and cultural re- pursuant to chapter 7 of title 5, United ating authority under this subsection, as in sources, visitor experiences, and tribal lands. States Code. effect on the day before the date of the en- ‘‘(C) EXCEPTION.—An application to begin ‘‘(6) AMENDMENTS AND REVOCATIONS.—The actment of the Moving Ahead for Progress in commercial air tour operations at Crater Director may make amendments to an air the 21st Century Act; and Lake National Park may be denied without tour management plan and any permits ‘‘(B) may not provide for an increase in the the establishment of an air tour manage- issued pursuant to an air tour management number of commercial air tour operations ment plan by the Director of the National plan, and may revoke permits. The Director over a national park conducted during any Park Service if the Director determines that shall consult with the Administrator to en- time period by the commercial air tour oper- such operations would adversely affect park sure that any such amendments or revoca- ator above the number that the air tour op- resources or visitor experiences. tions will not adversely affect aviation safe- erator was granted unless such an increase is ‘‘(2) ENVIRONMENTAL DETERMINATION.—In ty or the management of the national air- approved by the Director in consultation establishing an air tour management plan space system. Any such amendments and with the Administrator; and issuing a permit for a commercial air revocations shall be published in the Federal ‘‘(C) may be revoked by the Director for tour operator under this section, the Direc- Register for notice and comment. A request cause; tor shall comply with the National Environ- for amendment of an air tour management ‘‘(D) shall terminate 180 days after the date mental Policy Act of 1969 (42 U.S.C. 4321 et plan or permit shall be made in such form on which an air tour management plan is es- seq.). Any environmental thresholds, anal- and manner as the Director may prescribe. tablished for the park or tribal lands; yses, impact determinations, and conditions ‘‘(7) VOLUNTARY AGREEMENTS.— ‘‘(E) shall promote protection of national prepared or used by the Director to establish ‘‘(A) IN GENERAL.—As an alternative to an park resources, visitor experiences, and trib- an air tour management plan or issue a per- air tour management plan, the Director may al lands; mit under this section shall have no broader enter into a voluntary agreement with a ‘‘(F) shall promote safe commercial air application or be given deference beyond this commercial air tour operator (including a tour operations; section. new entrant commercial air tour operator ‘‘(G) shall promote the adoption of quiet ‘‘(3) CONTENTS.—An air tour management and an operator that has an interim oper- technology, as appropriate; and plan for a national park— ating permit) that has applied to conduct ‘‘(H) may allow for modifications of the in- ‘‘(A) may prohibit commercial air tour op- commercial air tour operations over a na- terim operating permit without further envi- erations over a national park in whole or in tional park to manage commercial air tour ronmental review beyond that described in part; operations over such national park. this subsection, if—

VerDate Mar 15 2010 01:28 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.014 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1391 ‘‘(i) adequate information regarding the tional Park, that has not paid the fee as- ‘‘(1) the Grand Canyon National Park; or existing and proposed operations of the oper- sessed by the Director under paragraph (1) by ‘‘(2) tribal lands within or abutting the ator under the interim operating permit is the date that is 180 days after the date on Grand Canyon National Park. provided to the Director; which the Director determines the fee shall ‘‘(i) LAKE MEAD.—This section shall not ‘‘(ii) the Director agrees with the modifica- be paid. apply to any air tour operator while flying tion, based on the professional expertise of ‘‘(4) FUNDING FOR AIR TOUR MANAGEMENT over or near the Lake Mead National Recre- the Director regarding the protection of the PLANS.—The Director shall use the amounts ation Area, solely as a transportation route, resources, values, and visitor use and enjoy- collected to develop and enforce air tour to conduct an air tour over the Grand Can- ment of the park; and management plans for the national parks the yon National Park. For purposes of this sub- ‘‘(iii) the Director receives advice in writ- Director determines would most benefit from section, an air tour operator flying over the ing from the Administrator that there would such a plan. Hoover Dam in the Lake Mead National be no adverse impact on aviation safety or ‘‘(f) CIVIL PENALTIES.— Recreation Area en route to the Grand Can- the national airspace system. ‘‘(1) IN GENERAL.—Any person who violates yon National Park shall be deemed to be fly- ‘‘(3) MODIFICATIONS AND REVOCATIONS.—Any any provision of this section or any regula- ing solely as a transportation route. modification or revocation of an interim op- tion or permit issued under this section may ‘‘(j) SEVERABLE SERVICES CONTRACTS FOR erating permit shall be published in the Fed- be assessed a civil penalty by the Director of PERIODS CROSSING FISCAL YEARS.— eral Register to provide notice and oppor- not more than $25,000 for each such violation. ‘‘(1) IN GENERAL.—For purposes of this sec- tunity for comment. ‘‘(2) KNOWING VIOLATIONS.—Any person who tion, the Director may enter into a contract ‘‘(4) NEW ENTRANT AIR TOUR OPERATORS.— knowingly violates any provision of this sec- for procurement of severable services for a ‘‘(A) IN GENERAL.—The Director, in con- tion or any regulation or permit issued period that begins during one fiscal year and sultation with the Administrator, may grant under this section may be assessed a civil ends in the next fiscal year if (without re- an interim operating permit under this para- penalty by the Director of not more than gard to any option to extend the period of graph to an air tour operator for a national $50,000 for each violation. the contract) the period of the contract does park or tribal lands for which that operator ‘‘(3) PROCEDURES.—A penalty may not be not exceed 1 year. is a new entrant air tour operator without assessed under this subsection on a person ‘‘(2) OBLIGATION OF FUNDS.—Funds made further environmental process beyond that unless the person is given notice and oppor- available for a fiscal year may be obligated described in this paragraph, if— tunity for a hearing with respect to the vio- for the total amount of a contract entered ‘‘(i) adequate information on the proposed lation for which the penalty is assessed. into under the authority of paragraph (1). operations of the operator is provided to the Each violation of this section or a regulation ‘‘(k) RESPONSIBILITIES AND AUTHORITIES OF Director by the operator making the request; or permit issued under this section shall be ADMINISTRATOR.— ‘‘(ii) the Director agrees, based on the Di- a separate offense. Any civil penalty assessed ‘‘(1) IN GENERAL.—The Administrator shall rector’s professional expertise regarding the under this subsection may be remitted or protection of park resources and values and advise the Director in writing of any adverse mitigated by the Director. Upon any failure effects on aviation safety and or manage- visitor use and enjoyment; and by a person to pay a penalty assessed under ‘‘(iii) the Director receives advice in writ- ment of the national airspace system for any this subsection, the Director may request proposed action taken under this section. ing from the Administrator that there would the Attorney General to institute a civil ac- be no adverse impact on aviation safety or ‘‘(2) AMENDMENTS TO AUTHORIZATION FOR tion in a district court of the United States COMMERCIAL AIR TOUR OPERATORS.—The Ad- the national airspace system. for any district in which the person is found, ‘‘(B) SAFETY LIMITATION.—The Director ministrator, in consultation with the Direc- resides, or transacts business to collect the tor, may amend any authorization for a com- may not grant an interim operating permit penalty and such court shall have jurisdic- under subparagraph (A) if the Administrator mercial air tour operator to include condi- tion to hear and decide any such action. The tions set forth in any permit issued under determines that it would create a safety court shall hear such action on the record problem at the park or on the tribal lands, or this section or to address any adverse effect made before the Director and shall sustain on aviation safety. the Director determines that it would create his action if it is supported by substantial a noise problem at the park or on the tribal ‘‘(3) RULE OF CONSTRUCTION.—Nothing in evidence on the record considered as a whole. this section shall be construed to limit or ab- lands. ‘‘(4) ADMINISTRATIVE PROCEEDINGS.—Hear- ‘‘(d) COMMERCIAL AIR TOUR OPERATOR RE- rogate the Administrator’s authority to en- ings held during proceedings for the assess- PORTS.— sure the safety and efficiency of the national ment of civil penalties under this subsection ‘‘(1) REPORT.—Each commercial air tour airspace system. shall be conducted in accordance with sec- operator conducting a commercial air tour ‘‘(l) DEFINITIONS.—In this section, the fol- tion 554 of title 5, United States Code. The operation over a national park under an in- lowing definitions apply: Director may issue subpoenas for the attend- terim operating permit granted under sub- ‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The ance and testimony of witnesses and the pro- section (c) or in accordance with an air tour term ‘commercial air tour operator’ means duction of relevant papers, books, and docu- management plan or voluntary agreement any person who conducts a commercial air ments, and administer oaths. Witnesses sum- under subsection (b) shall submit to the Di- tour operation over a national park. moned shall be paid the same fees and mile- rector a report regarding the number of com- ‘‘(2) EXISTING COMMERCIAL AIR TOUR OPER- age that are paid to witnesses in the courts mercial air tour operations over each na- ATOR.—The term ‘existing commercial air of the United States. In case of contumacy tional park that are conducted by the oper- tour operator’ means a commercial air tour or refusal to obey a subpoena served upon ator and such other information as the Di- operator that was actively engaged in the any person pursuant to this paragraph, the rector may request in order to facilitate ad- business of providing commercial air tour district court of the United States for any ministering the provisions of this section. operations over a national park at any time district in which such person is found or re- ‘‘(2) REPORT SUBMISSION.—The Director during the 12-month period ending on the sides or transacts business, upon application shall issue a request for reports under this date of the enactment of this section. by the United States and after notice to the subsection. The reports shall be submitted to ‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR OP- person, shall have jurisdiction to issue an the Director with a frequency and in a for- ERATOR.—The term ‘new entrant commercial order requiring the person to appear and give mat prescribed by the Director. air tour operator’ means a commercial air testimony before the Director or to appear ‘‘(e) COLLECTION OF FEES FROM AIR TOUR tour operator that— and produce documents before the Director, OPERATIONS.— ‘‘(A) applies for an interim operating per- or both, and any failure to obey the order of ‘‘(1) IN GENERAL.—The Director shall deter- mit or air tour permit as a commercial air mine and assess a fee under paragraph (2) on the court may be punished by such court as tour operator for a national park or tribal a commercial air tour operator conducting a contempt thereof. lands; and ‘‘(g) ENFORCEMENT.—The provisions of this commercial air tour operations over a na- ‘‘(B) has not engaged in the business of section and any regulations or permits tional park, including the Grand Canyon Na- providing commercial air tour operations issued under this section may be enforced by tional Park. the Director or the Administrator, as appro- over the national park or tribal lands in the ‘‘(2) AMOUNT OF FEE.—In determining the priate. The Director may utilize by agree- 12-month period preceding the application. amount of the fee assessed under paragraph ment, with or without reimbursement, the ‘‘(4) COMMERCIAL AIR TOUR OPERATION OVER (1), the Director shall collect sufficient rev- personnel, services, and facilities of any A NATIONAL PARK.— enue, in the aggregate, to pay for the ex- other Federal agency or any State agency ‘‘(A) IN GENERAL.—The term ‘commercial penses incurred by the Federal Government for purposes of enforcing this section. The air tour operation over a national park’ to develop and enforce air tour management decisions of the Director under this sub- means any flight, conducted for compensa- plans for national parks. section shall not have broader application or tion or hire in a powered aircraft where a ‘‘(3) EFFECT OF FAILURE TO PAY FEE.—The be given deference beyond this section. The purpose of the flight is sightseeing over a na- Director may assess a civil penalty against Administrator shall retain enforcement au- tional park, within 1⁄2 mile outside the or revoke the interim operating permit or thority over matters involving the safety boundary of any national park (except the air tour permit, whichever is applicable, of a and efficiency of the national airspace sys- Grand Canyon National Park), or over tribal commercial air tour operator conducting tem. lands (except those within or abutting the commercial air tour operations over any na- ‘‘(h) EXEMPTIONS.—This section shall not Grand Canyon National Park), during which tional park, including the Grand Canyon Na- apply to— the aircraft flies—

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‘‘(i) below a minimum altitude, determined (2) REPORTS.—Section 807 of the National ‘‘(x) the portion of the credit determined by the Administrator in cooperation with Parks Air Tour Management Act of 2000 (49 under section 30B which is attributable to the Director, above ground level (except U.S.C. 40128 note) is repealed. the application of subsection (e)(3) thereof solely for purposes of takeoff or landing, or (3) METHODOLOGIES USED TO ASSESS AIR with respect to new qualified alternative fuel necessary for safe operation of an aircraft as TOUR NOISE.—Section 808 of the National motor vehicles which are capable of being determined under the rules and regulations Parks Air Tour Management Act of 2000 (49 powered by compressed or liquefied natural of the Federal Aviation Administration re- U.S.C. 40128 note) is amended by striking ‘‘a gas, and quiring the pilot-in-command to take action Federal agency’’ and inserting ‘‘the Director ‘‘(xi) the portion of the credit determined to ensure the safe operation of the aircraft); of the National Park Service’’. under section 30C which is attributable to or the application of subsection (b) thereof with ‘‘(ii) less than 1 mile laterally from any ge- SA 1780. Mr. REID submitted an respect to refueling property which is used ographic feature within the park (unless amendment intended to be proposed by to store and or dispense compressed or lique- more than 1⁄2 mile outside the boundary). him to the bill S. 1813, to reauthorize fied natural gas.’’. ‘‘(B) FACTORS TO CONSIDER.—In making a Federal-aid highway and highway safe- (b) PERSONAL CREDITS.— determination of whether a flight is a com- (1) NEW QUALIFIED ALTERNATIVE FUEL mercial air tour operation over a national ty construction programs, and for other purposes; which was ordered to MOTOR VEHICLES.—Subsection (g) of section park for purposes of this section, the Admin- 30B is amended by adding at the end the fol- istrator may consider— lie on the table; as follows: lowing new paragraph: ‘‘(i) whether there was a holding out to the At the end, add the following: ‘‘(3) SPECIAL RULE RELATING TO CERTAIN public of willingness to conduct a sight- SEC. ll. EFFECTIVE DATE. NEW QUALIFIED ALTERNATIVE FUEL MOTOR VE- seeing flight for compensation or hire; This Act shall be effective 1 day after en- HICLES.—In the case of the portion of the ‘‘(ii) whether a narrative that referred to actment. credit determined under subsection (a) which areas or points of interest on the surface is attributable to the application of sub- below the route of the flight was provided by SA 1781. Mr. REID submitted an section (e)(3) with respect to new qualified the person offering the flight; amendment intended to be proposed by alternative fuel motor vehicles which are ca- ‘‘(iii) the area of operation; him to the bill S. 1813, to reauthorize pable of being powered by compressed or liq- ‘‘(iv) the frequency of flights conducted by uefied natural gas— the person offering the flight; Federal-aid highway and highway safe- ‘‘(A) paragraph (2) shall (after the applica- ‘‘(v) the route of flight; ty construction programs, and for tion of paragraph (1)) be applied separately ‘‘(vi) the inclusion of sightseeing flights as other purposes; which was ordered to with respect to such portion, and part of any travel arrangement package of- lie on the table; as follows: ‘‘(B) in lieu of the limitation determined fered by the person offering the flight; At the end, add the following: under paragraph (2), such limitation shall ‘‘(vii) whether the flight would have been SEC. ll. EFFECTIVE DATE. not exceed the excess (if any) of— canceled based on poor visibility of the sur- This Act shall be effective 2 days after en- ‘‘(i) the sum of the regular tax liability (as face below the route of the flight; and actment. defined in section 26(b)) plus the tentative ‘‘(viii) any other factors that the Adminis- minimum tax for the taxable year, reduced trator and the Director consider appropriate. SA 1782. Mr. MENENDEZ (for him- by ‘‘(5) NATIONAL PARK.—The term ‘national self, Mr. BURR, and Mr. REID) sub- ‘‘(ii) the sum of the credits allowable under park’ means any unit of the National Park mitted an amendment intended to be subpart A and sections 27 and 30.’’. System. proposed by him to the bill S. 1813, to (2) ALTERNATIVE FUEL VEHICLE REFUELING ‘‘(6) TRIBAL LANDS.— PROPERTIES.—Subsection (d) of section 30C is ‘‘(A) IN GENERAL.—The term ‘tribal lands’ reauthorize Federal-aid highway and amended by adding at the end the following means Indian country (as that term is de- highway safety construction programs, new paragraph: fined in section 1151 of title 18) that is within and for other purposes; which was or- ‘‘(3) SPECIAL RULE RELATING TO CERTAIN AL- or abutting a national park. dered to lie on the table; as follows: TERNATIVE FUEL VEHICLE REFUELING PROP- ‘‘(B) ABUTTING.—For purposes of subpara- At the end of division D, insert the fol- ERTIES.—In the case of the portion of the graph (A), the term ‘abutting’ means lands lowing: credit determined under subsection (a) with within 1⁄2 mile outside the boundary of a na- TITLE IV—NEW ALTERNATIVE TRANSPOR- respect to refueling property which is used tional park. TATION TO GIVE AMERICANS SOLU- to store and or dispense compressed or lique- ‘‘(7) ADMINISTRATOR.—The term ‘Adminis- TIONS ACT fied natural gas and which is attributable to trator’ means the Administrator of the Fed- the application of subsection (b)— eral Aviation Administration. SEC. llll. SHORT TITLE, ETC. ‘‘(A) paragraph (2) shall (after the applica- ‘‘(8) DIRECTOR.—The term ‘Director’ means (a) SHORT TITLE.—This title may be cited tion of paragraph (1)) be applied separately the Director of the National Park Service. as the ‘‘New Alternative Transportation to with respect to such portion, and ‘‘(9) AIR TOUR PERMIT.—The term ‘air tour Give Americans Solutions Act of 2012’’. ‘‘(B) in lieu of the limitation determined permit’ means a permit issued by the Direc- (b) AMENDMENT OF 1986 CODE.—Except as under paragraph (2), such limitation shall tor, in accordance with this section, to a otherwise expressly provided, whenever in not exceed the excess (if any) of— commercial operator to conduct commercial this title an amendment or repeal is ex- ‘‘(i) the sum of the regular tax liability (as air tour operations over a national park or pressed in terms of an amendment to, or re- defined in section 26(b)) plus the tentative tribal lands.’’. peal of, a section or other provision, the ref- minimum tax for the taxable year, reduced (b) AMENDMENTS TO NATIONAL PARKS AIR erence shall be considered to be made to a by TOUR MANAGEMENT ACT OF 2000.— section or other provision of the Internal ‘‘(ii) the sum of the credits allowable under (1) ADVISORY GROUP.—Section 805 of the Revenue Code of 1986. subpart A and sections 27, 30, and the portion National Parks Air Tour Management Act of Subtitle A—Promote the Purchase and Use of of the credit determined under section 30B 2000 (49 U.S.C. 40128 note) is amended— NGVs With an Emphasis on Heavy-Duty Ve- which is attributable to the application of (A) by striking subsection (a) and inserting hicles and Fleet Vehicles subsection (e)(3) thereof.’’. the following: SEC. llll. EXTENSION AND MODIFICATION OF ‘‘(a) IN GENERAL.—The Director of the Na- NEW QUALIFIED ALTERNATIVE FUEL (c) CREDITS MAY BE TRANSFERRED.— tional Park Service may retain the advisory MOTOR VEHICLE CREDIT. (1) VEHICLE CREDITS.—Subsection (h) of sec- group established pursuant to this section, (a) IN GENERAL.—Paragraph (4) of section tion 30B is amended by adding at the end the as in effect on the day before the date of the 30B(k) is amended by inserting ‘‘(December following new paragraph: enactment of the Moving Ahead for Progress 31, 2016, in the case of a vehicle powered by ‘‘(11) TRANSFERABILITY OF CREDIT.— in the 21st Century Act, to provide con- compressed or liquefied natural gas)’’ before ‘‘(A) IN GENERAL.—Except as provided in tinuing advice and counsel with respect to the period at the end. subparagraph (B), a taxpayer who places in commercial air tour operations over and (b) EFFECTIVE DATE.—The amendment service any new qualified alternative fuel near national parks.’’; made by subsection (a) shall apply to prop- motor vehicle which is capable of being pow- (B) in subsection (b)— erty placed in service after the date of the ered by compressed or liquefied natural gas (i) in paragraph (1)(A)(iv), by inserting ‘‘or enactment of this Act. may transfer the credit allowed under this Native Hawaiians’’ after ‘‘Indian tribes’’; and SEC. llll. ALLOWANCE OF VEHICLE AND IN- section by reason of subsection (e) with re- (ii) by striking paragraph (3) and inserting FRASTRUCTURE CREDITS AGAINST spect to such vehicle through an assignment the following: REGULAR AND MINIMUM TAX AND to the manufacturer, seller or lessee of such ‘‘(3) CHAIRPERSON.—The representative of TRANSFERABILITY OF CREDITS. vehicle. Such transfer may be revoked only the National Park Service shall serve as (a) BUSINESS CREDITS.—Subparagraph (B) with the consent of the Secretary. chairperson of the advisory group.’’; and of section 38(c)(4) is amended by striking ‘‘(B) REGULATIONS.—The Secretary shall (C) in subsection (d)(2), by striking ‘‘The ‘‘and’’ at the end of clause (viii), by striking prescribe such regulations as necessary to Federal Aviation Administration and the Na- the period at the end of clause (ix) and in- ensure that any credit transferred under sub- tional Park Service shall jointly’’ and insert- serting a comma, and by inserting after paragraph (A) is claimed once and not reas- ing ‘‘The National Park Service shall’’. clause (ix) the following new clauses: signed by such other person.’’.

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(2) INFRASTRUCTURE CREDIT.—Subsection ‘‘(B) $16,000 if such vehicle has a gross vehi- ‘‘(2) $4,000. (e) of section 30C is amended by adding at cle weight rating of more than 8,500 pounds ‘‘(b) AGGREGATE CREDIT ALLOWED.—The ag- the end the following new paragraph: but not more than 14,000 pounds, gregate amount of credit allowed under sub- ‘‘(7) TRANSFERABILITY OF CREDIT.— ‘‘(C) $40,000 if such vehicle has a gross vehi- section (a) with respect to a taxpayer for any ‘‘(A) IN GENERAL.—Except as provided in cle weight rating of more than 14,000 pounds taxable year shall not exceed $200,000,000 re- subparagraph (B), a taxpayer who places in but not more than 26,000 pounds, and duced by the amount of the credit allowed service any qualified alternative fuel vehicle ‘‘(D) $64,000 if such vehicle has a gross vehi- under subsection (a) to the taxpayer (or any refueling property relating to compressed or cle weight rating of more than 26,000 predecessor) for all prior taxable years. liquefied natural gas may transfer the credit pounds.’’. ‘‘(c) DEFINITIONS.—For the purposes of this allowed under this section with respect to (c) EFFECTIVE DATE.—The amendment section— such property through an assignment to the made by this section shall apply to property ‘‘(1) ELIGIBLE NATURAL GAS VEHICLE.—The manufacturer, seller or lessee of such prop- placed in service after the date of the enact- term ‘eligible natural gas vehicle’ means a erty. Such transfer may be revoked only ment of this Act. motor vehicle (as defined in section with the consent of the Secretary. SEC. llll. MODIFICATION OF DEFINITION OF 30B(h)(1)) that is capable of operating on nat- ural gas and is described in 30B(e)(4)(A). ‘‘(B) REGULATIONS.—The Secretary shall NEW QUALIFIED ALTERNATIVE FUEL prescribe such regulations as necessary to MOTOR VEHICLE. ‘‘(2) MANUFACTURER.—The term ‘manufac- ensure that any credit transferred under sub- (a) IN GENERAL.—Clause (i) of section turer’ has the meaning given such term in paragraph (A) is claimed once and not reas- 30B(e)(4)(A) is amended to read as follows: regulations prescribed by the Administrator signed by such other person.’’. ‘‘(i) which— of the Environmental Protection Agency for purposes of title II of the Clean Air Act (42 (d) EFFECTIVE DATE.—The amendments ‘‘(I) is a dedicated vehicle that is only ca- U.S.C. 7521 et seq.). made by this section shall apply with respect pable of operating on an alternative fuel, ‘‘(II) is a bi-fuel vehicle that is capable of ‘‘(d) SPECIAL RULES.—For purposes of this to property placed in service after the date section— of the enactment of this Act. operating on compressed or liquefied natural gas and gasoline or diesel fuel, or ‘‘(1) IN GENERAL.—Rules similar to the SEC. llll. MODIFICATION OF CREDIT FOR ‘‘(III) is a duel-fuel vehicle that is capable rules of subsections (c), (d), and (e) of section PURCHASE OF VEHICLES FUELED BY 52 shall apply. COMPRESSED NATURAL GAS OR LIQ- of operating on a mixture of compressed or ‘‘(2) CONTROLLED GROUPS.— UEFIED NATURAL GAS. liquefied natural gas and gasoline or diesel fuel.’’. ‘‘(A) IN GENERAL.—All persons treated as a (a) INCREASE IN CREDIT.—Paragraph (2) of (b) CONVERSIONS AND REPOWERS.—Para- single employer under subsection (a) or (b) of section 30B(e) is amended to read as follows: graph (4) of section 30B(e) is amended by add- section 52 or subsection (m) or (o) of section ‘‘(2) APPLICABLE PERCENTAGE.—For pur- ing at the end the following new subpara- 414 shall be treated as a single producer. poses of paragraph (1), the applicable per- graph: ‘‘(B) INCLUSION OF FOREIGN CORPORATIONS.— centage with respect to any new qualified al- ‘‘(C) CONVERSIONS AND REPOWERS.— For purposes of subparagraph (A), in apply- ternative fuel motor vehicle is— ‘‘(i) IN GENERAL.—The term ‘new qualified ing subsections (a) and (b) of section 52 to ‘‘(A) except as provided in subparagraphs alternative fuel motor vehicle’ includes the this section, section 1563 shall be applied (B) and (C)— conversion or repower of a new or used vehi- without regard to subsection (b)(2)(C) there- ‘‘(i) 50 percent, plus cle so that it is capable of operating on an of. ‘‘(ii) 30 percent, if such vehicle— alternative fuel as it was not previously ca- ‘‘(C) VERIFICATION.—No amount shall be al- ‘‘(I) has received a certificate of con- pable of operating on an alternative fuel. lowed as a credit under subsection (a) with formity under the Clean Air Act and meets ‘‘(ii) TREATMENT AS NEW.—A vehicle which respect to which the taxpayer has not sub- or exceeds the most stringent standard avail- has been converted to operate on an alter- mitted such information or certification as able for certification under the Clean Air Act native fuel shall be treated as new on the the Secretary, in consultation with the Sec- for that make and model year vehicle (other date of such conversion for purposes of this retary of Energy, determines necessary. than a zero emission standard), or section. ‘‘(e) TERMINATION.—This section shall not ‘‘(II) has received an order certifying the ‘‘(iii) RULE OF CONSTRUCTION.—In the case apply to any vehicle produced after Decem- vehicle as meeting the same requirements as of a used vehicle which is converted or re- ber 31, 2016.’’. vehicles which may be sold or leased in Cali- powered, nothing in this section shall be con- (b) CREDIT TO BE PART OF BUSINESS CRED- fornia and meets or exceeds the most strin- strued to require that the motor vehicle be IT.—Section 38(b) is amended by striking gent standard available for certification ‘‘plus’’ at the end of paragraph (35), by strik- acquired in the year the credit is claimed under the State laws of California (enacted ing the period at the end of paragraph (36) under this section with respect to such vehi- in accordance with a waiver granted under and inserting ‘‘, plus’’, and by adding at the cle.’’. section 209(b) of the Clean Air Act) for that end the following: (c) EFFECTIVE DATE.—The amendments make and model year vehicle (other than a made by this section shall apply to property ‘‘(37) the natural gas vehicle credit deter- zero emission standard), placed in service after the date of the enact- mined under section 45S(a).’’. (c) CONFORMING AMENDMENT.—The table of ‘‘(B) 80 percent, in the case of dedicated ve- ment of this Act. hicles that are only capable of operating on sections for subpart D of part IV of sub- SEC. llll. PROVIDING FOR THE TREATMENT compressed or liquefied natural gas, dual- chapter A of chapter 1 is amended by insert- OF PROPERTY PURCHASED BY IN- ing after the item relating to section 45R the fuel vehicles that are only capable of oper- DIAN TRIBAL GOVERNMENTS. following new item: ating on a mixture of no less than 90 percent (a) IN GENERAL.—Paragraph (6) of section compressed or liquefied natural gas, and a bi- 30B(h) and paragraph (2) of section 30C(e) are ‘‘Sec. 45S. Production of vehicles fueled by fuel vehicle that is capable of operating a both amended by inserting ‘‘, or an Indian natural gas or liquefied natural minimum of 85 percent of its total range on Tribal Government’’ after ‘‘section 50(b)’’. gas.’’. compressed or liquefied natural gas, and (b) EFFECTIVE DATE.—The amendments (d) EFFECTIVE DATE.—The amendments ‘‘(C) 50 percent, in the case of vehicles de- made by this section shall apply to property made by this section shall apply to vehicles scribed subclause (II) or (III) of subsection placed in service after the date of the enact- produced after December 31, 2011. (e)(4)(A)(i) and which are not otherwise de- ment of this Act. SEC. llll. ADDITIONAL VEHICLES QUALI- FYING FOR THE ADVANCED TECH- scribed in subparagraph (B). Subtitle B—Promote Production of NGVs by For purposes of the preceding sentence, in NOLOGY VEHICLES MANUFAC- Original Equipment Manufacturers TURING INCENTIVE PROGRAM. the case of any new qualified alternative fuel SEC. llll. CREDIT FOR PRODUCING VEHICLES (a) IN GENERAL.—Notwithstanding any motor vehicle which weighs more than 14,000 FUELED BY NATURAL GAS OR other provision of law, a covered vehicle (as pounds gross vehicle weight rating, the most LIQUIFIED NATURAL GAS. defined in subsection (b)) shall be considered stringent standard available shall be such (a) IN GENERAL.—Subpart D of part IV of an advanced technology vehicle for purposes standard available for certification on the subchapter A of chapter 1 is amended by in- of the advanced technology vehicle incentive date of the enactment of the Energy Tax In- serting after section 45R the following new program established under section 136 of the centives Act of 2005.’’. section: Energy Independence and Security Act of (b) INCREASED INCENTIVE FOR NATURAL GAS ‘‘SEC. 45S. PRODUCTION OF VEHICLES FUELED 2007 (42 U.S.C. 17013), and manufacturers and VEHICLES.—Subsection (e) of section 30B is BY NATURAL GAS OR LIQUIFIED component suppliers of such covered vehicles amended by adding at the end the following NATURAL GAS. shall be eligible for an award under such sec- new paragraph: ‘‘(a) IN GENERAL.—For purposes of section tion. ‘‘(6) CREDIT VALUES FOR NATURAL GAS VEHI- 38, in the case of a taxpayer who is an origi- (b) DEFINITIONS.—As used in this section— CLES.—In the case of new qualified alter- nal manufacturer of natural gas vehicles, the (1) the term ‘‘covered vehicle’’ means a native fuel motor vehicles with respect to natural gas vehicle credit determined under light-duty vehicle or a medium-duty or vehicles powered by compressed or liquefied this section for any taxable year with re- heavy-duty truck or bus that is only capable natural gas, the maximum tax credit value spect to each eligible natural gas vehicle of operating on compressed or liquefied nat- shall be— produced by the taxpayer during such year is ural gas, a bi-fueled motor vehicle that is ca- ‘‘(A) $7,500 if such vehicle has a gross vehi- an amount equal to the lesser of— pable of achieving a minimum of 85 percent cle weight rating of not more than 8,500 ‘‘(1) 10 percent of the manufacturer’s basis of its total range with compressed or lique- pounds, in such vehicle, or fied natural gas, or a dual-fuel vehicle that

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operates on a mixture of natural gas and gas- of section 508 of the Energy Policy Act of (c) COMPETITIVE GRANTS.—The Secretary oline or diesel fuel but is not capable of oper- 1992 (42 U.S.C. 13258) is amended by adding at shall— ating on a mixture of less than 75 percent the end the following new paragraph: (1) administer the funding providing under natural gas; ‘‘(6) REPOWERED OR CONVERTED.—The term the program on a competitive basis; and (2) the term ‘‘bi-fuel vehicle’’ means a ve- ‘repowered or converted’ means modified (2) award funding after an evaluation of hicle that is capable of operating on com- with a certified or approved engine or project proposals that includes— pressed or liquefied natural gas and gasoline aftermarket system so that the vehicle is ca- (A) the overall quantity of petroleum to be or diesel fuel; and pable of operating on an alternative fuel.’’. displaced over the life of the proposed (3) the term ‘‘dual-fuel vehicle’’ means a (b) ALLOCATION OF CREDITS.—Subsection (b) project; vehicle that is capable of operating on a mix- of section 508 of the Energy Policy Act of (B) the amount of private funding or local ture of compressed or liquefied natural gas 1992 (42 U.S.C. 13258) is amended by adding at funding that is available to offset the cost of and gasoline or diesel fuel. the end the following new paragraph: the project; and Subtitle C—Incentivize the Installation of ‘‘(3) REPOWERED OR CONVERTED VEHICLES.— (C) the technical and economical feasi- Natural Gas Fuel Pumps Not later than January 1, 2012, the Secretary bility of the project. (d) AUTHORIZATION OF APPROPRIATIONS.— SEC. llll. EXTENSION AND MODIFICATION OF shall allocate credits to fleets or covered persons that repower or convert an existing There is authorized to be appropriated to ALTERNATIVE FUEL VEHICLE RE- carry out this section $100,000,000, to remain FUELING PROPERTY CREDIT. vehicle so that it is capable of operating on available until expended. (a) IN GENERAL.—Subsection (g) of section an alternative fuel. In the case of any me- 30C is amended by striking ‘‘and’’ at the end dium-duty or heavy-duty vehicle that is re- Subtitle F—User Fees of paragraph (1), by redesignating paragraph powered or converted, the Secretary shall al- SEC. llll. USER FEES. (2) as paragraph (3), and by inserting after locate additional credits for such vehicles if (a) LIQUEFIED NATURAL GAS.—Clause (ii) of paragraph (1) the following new paragraph: the Secretary determines that such vehicles section 4041(a)(2)(B) is amended by striking ‘‘(2) in the case of property relating to displace more petroleum than light-duty al- ‘‘24.3 cents per gallon’’ and inserting ‘‘the compressed or liquefied natural gas, after ternative fueled vehicles. The Secretary sum of the Highway Trust Fund financing December 31, 2016, and’’. shall include a requirement that such vehi- rate and the Natural Gas Transportation In- (b) EFFECTIVE DATE.—The amendments cles remain in the fleet for a period of no less centives financing rate’’. made by subsection (a) shall apply to prop- than 2 years in order to continue to qualify (b) COMPRESSED NATURAL GAS.—The second erty placed in service after the date of the for credit. The Secretary also shall extend sentence of subparagraph (A) of section enactment of this Act. the flexibility afforded in this section to 4041(a)(3) is amended by striking ‘‘18.3 cents SEC. llll. INCREASE IN CREDIT FOR CERTAIN Federal fleets subject to the purchase provi- per energy equivalent of a gallon of gaso- ALTERNATIVE FUEL VEHICLE RE- sions contained in section 303 of this Act.’’. line’’ and inserting ‘‘the sum of the Highway Trust Fund financing rate and the Natural FUELING PROPERTIES. Subtitle E—Transit Systems (a) IN GENERAL.—Subsection (b) of section Gas Transportation Incentives financing 30C is amended to read as follows: SEC. llll. FEDERAL SHARE OF COSTS FOR rate’’. ‘‘(b) LIMITATION.—The credit allowed under EQUIPMENT FOR COMPLIANCE WITH (c) HIGHWAY TRUST FUND FINANCING RATE subsection (a) with respect to all qualified CLEAN AIR ACT. AND NATURAL GAS TRANSPORTATION INCEN- alternative fuel vehicle refueling property Section 5323(i) of title 49, United States TIVES FINANCING RATE.—Subsection (a) of placed in service by the taxpayer during the Code, is amended— section 4041 is amended by adding at the end taxable year at a location shall not exceed— (1) in paragraph (1)— the following new paragraph: ‘‘(1) except as provided in paragraph (2), (A) in the paragraph heading, by striking ‘‘(4) HIGHWAY TRUST FUND FINANCING RATE $30,000 in the case of a property of a char- ‘‘AND CLEAN AIR ACT’’; AND NATURAL GAS TRANSPORTATION INCEN- acter subject to an allowance for deprecia- (B) in the first sentence, by striking ‘‘or TIVES FINANCING RATE.—For purposes of this tion, vehicle-related’’ and all that follows through title— ‘‘(2) in the case of compressed natural gas ‘‘Clean Air Act’’; and ‘‘(A) HIGHWAY TRUST FUND FINANCING property and liquefied natural gas property (C) by striking ‘‘those Acts’’ each place it RATE.—The term ‘Highway Trust Fund fi- which is of a character subject to an allow- appears and inserting ‘‘the Americans with nancing rate’ means— ance for depreciation, the lesser of— Disabilities Act of 1990 (42 U.S.C. 12101 et ‘‘(i) with respect to liquefied natural gas, ‘‘(A) 50 percent of such cost, or seq.)’’; 24.3 cents per gallon, and ‘‘(B) $100,000, and (2) by redesignating paragraph (2) as para- ‘‘(ii) with respect to compressed natural ‘‘(3) $2,000 in any other case.’’. graph (3); and gas, 18.3 cents per energy equivalent of a gal- (b) EFFECTIVE DATE.—The amendment (3) by inserting after paragraph (1) the fol- lon of gasoline. made by this section shall apply to property lowing: ‘‘(B) NATURAL GAS TRANSPORTATION INCEN- placed in service in taxable years beginning ‘‘(2) EQUIPMENT FOR COMPLIANCE WITH TIVES FINANCING RATE.— after December 31, 2011. CLEAN AIR ACT.— ‘‘(i) IN GENERAL.—The term ‘Natural Gas ‘‘(A) IN GENERAL.—A grant for a project to Subtitle D—Natural Gas Vehicles Transportation Incentives financing rate’ be assisted under this chapter that involves means— SEC. llll. GRANTS FOR NATURAL GAS VEHI- acquiring vehicle-related equipment or fa- ‘‘(I) with respect to liquefied natural gas, CLES RESEARCH AND DEVELOP- cilities (including clean fuel or alternative MENT. the applicable amount per gallon, and fuel vehicle-related equipment or facilities) (a) RESEARCH, DEVELOPMENT AND DEM- ‘‘(II) with respect to compressed natural for purposes of complying with or maintain- ONSTRATION PROGRAMS.—The Secretary shall gas, the applicable amount per energy equiv- provide funding to improve the performance ing compliance with the Clean Air Act (42 alent of a gallon of gasoline. and efficiency and integration of natural gas U.S.C. 7401 et seq.) shall be made for— ‘‘(ii) APPLICABLE AMOUNT.—For purposes of powered motor vehicles and heavy-duty on- ‘‘(i) 100 percent of the net project cost of clause (i), the applicable amount shall be de- road vehicles as part of any programs funded the equipment or facilities attributable to termined in accordance with the following pursuant to section 911 of the Energy Policy compliance with that Act for any amounts of table: Act of 2005 (42 U.S.C. 16191) and also with re- not more than $75,000; and spect to funding for heavy-duty engines pur- ‘‘(ii) 90 percent of the net project cost of ‘‘Calendar year Applicable suant to section 754 of the Energy Policy Act the equipment or facilities attributable to amount of 2005 (42 U.S.C. 16102). compliance with that Act for any amounts of (b) IN GENERAL.—The Secretary of Energy more than $75,000. 2014 ...... 2.5 cents may make grants to original equipment ‘‘(B) COSTS.—The Secretary shall have dis- 2015 ...... 2.5 cents manufacturers of light-duty and heavy-duty cretion to determine, through practicable 2016 ...... 5 cents natural gas vehicles for the development of administrative procedures, the costs of 2017 ...... 5 cents engines that reduce emissions, improve per- equipment or facilities attributable to com- 2018 ...... 10 cents formance and efficiency, and lower cost. pliance with the Clean Air Act (42 U.S.C. 7401 2019 ...... 10 cents SEC. llll. SENSE OF THE CONGRESS REGARD- et seq.).’’. 2020 ...... 12.5 cents ING EPA CERTIFICATION OF NGV SEC. llll. NATURAL GAS TRANSIT INFRA- 2021 ...... 12.5 cents RETROFIT KITS. STRUCTURE INVESTMENT. 2022 and thereafter ...... zero. It is the sense of the Congress that the En- (a) ESTABLISHMENT.—The Secretary of vironmental Protection Agency should fur- Transportation shall establish and admin- ‘‘(iii) EXEMPTION FOR FUEL DISPENSED FROM ther streamline the process for certification ister a program to encourage the develop- CERTAIN PROPERTY.—In the case of liquefied of natural gas vehicle retrofit kits to pro- ment of natural gas fueling infrastructure to natural gas or compressed natural gas dis- mote energy security while still fulfilling be used by transit agencies. pensed from property for which a credit the mission of the Clean Air Act. (b) USE.—Funding provided under the pro- under section 30C(b)(3) would be allowable, SEC. llll. AMENDMENT TO SECTION 508 OF gram may be used for the purpose of building the applicable amount for any calendar year THE ENERGY POLICY ACT OF 1992. new or expanded fueling facilities, if the ex- is zero.’’. (a) REPOWER OR CONVERTED ALTERNATIVE pansion is for the purposes of fueling addi- (d) NATURAL GAS TRANSPORTATION INCEN- FUELED VEHICLES DEFINED.—Subsection (a) tional buses with natural gas. TIVES FINANCING RATE DEPOSITED IN GENERAL

VerDate Mar 15 2010 01:31 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.016 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1395 FUND.—Paragraph (4) of section 9503(b) is mitted an amendment intended to be highway safety construction programs, amended by striking ‘‘or’’ at the end of sub- proposed by him to the bill S. 1813, to and for other purposes; which was or- paragraph (C), by striking the period at the reauthorize Federal-aid highway and dered to lie on the table; as follows: end of subparagraph (D)(iii) and inserting highway safety construction programs, ‘‘or’’, and by adding at the end the following Strike section 1510 and insert the fol- new subparagraph: and for other purposes; which was or- lowing: ‘‘(E) section 4041 to the extent attributable dered to lie on the table; as follows: SEC. 1510. HOV FACILITIES. to the Natural Gas Transportation Incen- At the end of division D, add the following: (a) IN GENERAL.—Section 166 of title 23, tives financing rate.’’. SEC. ll. DISCRETIONARY SPENDING CAP AD- United States Code, is amended to read as JUSTMENT FOR FISCAL YEAR 2013. follows: SA 1783. Mr. CARPER (for himself Paragraph (2)(A)(ii) of section 251A of the ‘‘§ 166. HOV facilities and Mr. LIEBERMAN) submitted an Balanced Budget and Emergency Deficit ‘‘(a) DEFINITIONS.—In this section, the fol- amendment intended to be proposed to Control Act of 1985 (2 U.S.C. 901a) is amended lowing definitions apply: amendment SA 1761 proposed by Mr. by striking ‘‘$501,000,000,000’’ and inserting ‘‘(1) ALTERNATIVE FUEL VEHICLE.—The term REID to the bill S. 1813, to reauthorize ‘‘$481,000,000,000’’. ‘alternative fuel vehicle’ means a dedicated Federal-aid highway and highway safe- vehicle that is operating solely on— SA 1786. Mr. CORKER submitted an ty construction programs, and for ‘‘(A) methanol, denatured ethanol, or other amendment intended to be proposed by alcohols; other purposes; which was ordered to him to the bill S. 1813, to reauthorize ‘‘(B) a mixture containing at least 85 per- lie on the table; as follows: Federal-aid highway and highway safe- cent of methanol, denatured ethanol, and On page 336, strike lines 9 through 12, and ty construction programs, and for other alcohols by volume with gasoline or insert the following: other purposes; which was ordered to other fuels; ‘‘(iv) safety plans developed by providers of ‘‘(C) natural gas; public transportation; lie on the table; as follows: ‘‘(D) liquefied petroleum gas; ‘‘(v) a congestion mitigation and air qual- At the end of subtitle E of title I of divi- ‘‘(E) hydrogen; ity performance plan developed under sec- sion A, add the following: ‘‘(F) fuels (except alcohol) derived from bi- tion 149(k) by a tier I metropolitan planning SEC. lll. LIMITATION ON EXPENDITURES. ological materials; organization (as defined in section 134) rep- Notwithstanding any other provision of ‘‘(G) electricity (including electricity from resenting a nonattainment or maintenance law, if the Secretary determines for any fis- solar energy); or area; and cal year that the estimated receipts required ‘‘(H) any other fuel that the Secretary pre- ‘‘(vi) the national freight strategic plan. to carry out transportation programs and scribes by regulation that is not substan- projects under this Act and amendments tially petroleum and that would yield sub- SA 1784. Mr. HARKIN (for himself, made by this Act (as projected by the Sec- stantial energy security and environmental Mr. MORAN, Mr. LEVIN, and Mr. NELSON retary of the Treasury) does not produce a benefits, including fuels regulated under sec- of Nebraska) submitted an amendment positive balance in the Highway Trust Fund tion 490 of title 10, Code of Federal Regula- intended to be proposed to amendment available for those programs and projects for tions (or successor regulations). SA 1761 proposed by Mr. REID to the the fiscal year, each amount made available ‘‘(2) HOV FACILITY.—The term ‘HOV facil- bill S. 1813, to reauthorize Federal-aid for such a program or project shall be re- ity’ means a high occupancy vehicle facility. ‘‘(3) PUBLIC TRANSPORTATION VEHICLE.—The highway and highway safety construc- duced by the pro rata percentage required to reduce the aggregate amount required to term ‘public transportation vehicle’ means a tion programs, and for other purposes; carry out those programs and projects to an vehicle that— which was ordered to lie on the table; amount equal to that available for those pro- ‘‘(A) provides designated public transpor- as follows: grams and projects in the Highway Trust tation (as defined in section 221 of the Amer- At the end of division B, add the following: Fund for the fiscal year. icans with Disabilities Act of 1990 (42 U.S.C. SEC. ll. INCREASING THE PRIORITY OF BUSES 12141)) or provides public school transpor- AND IMPROVING FLEXIBILITY FOR SA 1787. Mr. BROWN of Ohio sub- tation (to and from public or private pri- PUBLIC TRANSPORTATION FUND- mitted an amendment intended to be mary, secondary, or tertiary schools); and ING. proposed to amendment SA 1761 pro- ‘‘(B)(i) is owned or operated by a public en- (a) APPLICABILITY.—Section 5337(e) of title tity; posed by Mr. REID to the bill S. 1813, to 49, United States Code, as amended by this ‘‘(ii) is operated under a contract with a Act, shall apply only with respect to fiscal reauthorize Federal-aid highway and public entity; or year 2012. highway safety construction programs, ‘‘(iii) is operated pursuant to a license by (b) FUNDING.—Notwithstanding section 5338 and for other purposes; which was or- the Secretary or a State agency to provide of title 49, United States Code, as amended dered to lie on the table; as follows: motorbus or school vehicle transportation by this Act— At the end of title III of division C, insert services to the public. (1) of amounts made available under sub- the following: ‘‘(4) STATE AGENCY.— section (a)(1) of such section 5338 for fiscal SEC. 33007. MAKE IT IN AMERICA INITIATIVE. ‘‘(A) IN GENERAL.—The term ‘State agen- year 2013— cy’, as used with respect to a HOV facility, (a) MEMORANDUM OF AGREEMENT.—The (A) $5,039,661,500 shall be allocated in ac- term ‘‘Memorandum of Agreement’’ means means an agency of a State or local govern- cordance with section 5336 of such title 49 to the August 2011 Memorandum of Agreement ment having jurisdiction over the operation provide financial assistance for urbanized between the Department of Transportation of the facility. areas under section 5307; and the Department of Commerce entitled ‘‘(B) INCLUSION.—The term ‘State agency’ (B) $720,190,000 shall be available to provide ‘‘Development of a Domestic Supply Base for includes a State transportation department. financial assistance for other than urbanized ‘‘(b) STATE REQUIREMENTS.— Intermodal Transportation in the U.S.’’. areas under section 5311 of such title 49, of ‘‘(1) AUTHORITY OF STATE AGENCIES.—A (b) SENSE OF CONGRESS.—It is the sense of which not less than $30,000,000 shall be avail- State agency that has jurisdiction over the Congress that collaboration between the De- able to carry out section 5311(c)(1) and operation of a HOV facility shall establish partment of Transportation and the Depart- $20,000,000 shall be available to carry out sec- the occupancy requirements of vehicles oper- ment of Commerce can significantly improve tion 5311(c)(2); and ating on the facility. the scope and depth of the domestic supply (C) $1,574,763,500 shall be available to carry ‘‘(2) OCCUPANCY REQUIREMENT.—Except as base for transportation infrastructure, par- out subsection (c) of section 5337 of such title otherwise provided by this section, no fewer ticularly for small businesses in the United 49; and than 2 occupants per vehicle may be required States. (2) no amounts made available under sub- for use of a HOV facility. (c) IMPLEMENTATION.—The Secretary of section (a)(1) of such section 5338 for fiscal ‘‘(c) EXCEPTIONS.— Transportation and the Secretary of Com- year 2013 may be used to carry out section ‘‘(1) IN GENERAL.—Notwithstanding the oc- merce shall— 5337(e) of title 49, United States Code, as cupancy requirement of subsection (b)(2), the (1) prioritize the implementation of the amended by this Act. exceptions in paragraphs (2) through (5) shall Memorandum of Agreement; and (c) HIGH INTENSITY FIXED GUIDEWAY STATE apply with respect to a State agency oper- (2) allocate such Department resources and OF GOOD REPAIR.—Notwithstanding section ating a HOV facility. personnel as necessary for such implementa- 5337(c)(1) of title 49, United States Code, as ‘‘(2) MOTORCYCLES AND BICYCLES.— tion. amended by this Act, for fiscal year 2013, ‘‘(A) IN GENERAL.—Subject to subparagraph $1,574,763,500 shall be apportioned to recipi- Mr. BROWN of Ohio sub- (B), the State agency shall allow motor- ents in accordance with section 5337(c) of SA 1788. cycles and bicycles to use the HOV facility. title 49, United States Code. mitted an amendment intended to be ‘‘(B) SAFETY EXCEPTION.— proposed to amendment SA 1761 pro- ‘‘(i) IN GENERAL.—A State agency may re- SA 1785. Mr. CORKER (for himself, posed by Mr. REID to the bill S. 1813, to strict use of the HOV facility by motorcycles Mr. TOOMEY, and Ms. AYOTTE) sub- reauthorize Federal-aid highway and or bicycles (or both) if the agency certifies

VerDate Mar 15 2010 01:31 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.016 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1396 CONGRESSIONAL RECORD — SENATE March 5, 2012 to the Secretary that such use would create submit to the Secretary a report dem- other purposes; which was ordered to a safety hazard and the Secretary accepts onstrating that the facility is not already lie on the table; as follows: the certification. degraded, and that the presence of the vehi- At the appropriate place, insert the fol- ‘‘(ii) ACCEPTANCE OF CERTIFICATION.—The cles will not cause the facility to become de- lowing: Secretary may accept a certification under graded, and certify that the agency will this subparagraph only after the Secretary carry out the following responsibilities with SEC. llll. REGULATIONS REGARDING POOLS. publishes notice of the certification in the respect to the facility: (a) DEFINITIONS.— Federal Register and provides an oppor- ‘‘(A) Establishing, managing, and sup- (1) COVERED REGULATION.—The term ‘‘cov- tunity for public comment. porting a performance monitoring, evalua- ered regulation’’ means— ‘‘(3) PUBLIC TRANSPORTATION VEHICLES.— tion, and reporting program for the HOV fa- (A) the portions of part 35 of title 28, Code The State agency may allow public transpor- cility that provides for continuous moni- of Federal Regulations, that were added tation vehicles to use the HOV facility if the toring, assessment, and reporting on the im- under the final rule issued by the Attorney agency establishes— pacts that the vehicles may have on the op- General entitled ‘‘Nondiscrimination on the ‘‘(A) requirements for clearly identifying eration of the facility and adjacent highways Basis of Disability in State and Local Gov- the vehicles; and and submitting to the Secretary annual re- ernment Services’’, 75 Fed. Reg. 56164 (Sep- ‘‘(B) procedures for enforcing the restric- ports of those impacts. tember 15, 2010); and tions on the use of the facility by the vehi- ‘‘(B) Establishing, managing, and sup- (B) the portions of part 36 of title 28, Code cles. porting an enforcement program that en- of Federal Regulations, that were added ‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.—The sures that the HOV facility is being operated under the final rule issued by the Attorney State agency may allow vehicles not other- in accordance with this section. General entitled ‘‘Nondiscrimination on the wise exempt pursuant to this subsection to ‘‘(C) Limiting or discontinuing the use of Basis of Disability by Public Accommoda- use the HOV facility if the operators of the the HOV facility by the vehicles, whenever tions and in Commercial Facilities’’, 75 Fed. vehicles pay a toll charged by the agency for the operation of the facility is degraded, that Reg. 56236 (September 15, 2010). use of the facility and the agency— requires such a limitation or discontinuation (2) POOL.—The term ‘‘pool’’ means a swim- ‘‘(A) establishes a program that addresses of use to apply first to vehicles using the ming pool, wading pool, sauna, steam room, how motorists can enroll and participate in HOV facility under subsection (c)(4) before spa, wave pool, lazy river, sand bottom pool, the toll program; applying to vehicles using the HOV facility or other water amusement, within the mean- ‘‘(B) develops, manages, and maintains a under subsection (c)(5). ing of part 36 of title 28, Code of Federal Reg- ulations. system that will automatically collect the ‘‘(D) MAINTENANCE OF OPERATING PERFORM- (3) PRIVATE ENTITY; PUBLIC ACCOMMODA- toll; and ANCE.—A facility that has become degraded ‘‘(C) establishes policies and procedures— shall be brought back into compliance with TION.—The terms ‘‘private entity’’ and ‘‘pub- ‘‘(i) to manage the demand to use the facil- the minimum average operating speed per- lic accommodation’’ have the meanings ity by varying the toll amount that is formance standard by not later than 180 days given the terms in section 301 of the Ameri- charged; and after the date on which the degradation is cans with Disabilities Act of 1990 (42 U.S.C. ‘‘(ii) to enforce violations of use of the fa- identified through changes to operation, in- 12181). cility. cluding the following: (4) PUBLIC ENTITY.—The term ‘‘public enti- ‘‘(5) ALTERNATIVE FUEL VEHICLES AND NEW ‘‘(i) Increase the occupancy requirement ty’’ has the meaning given the term in sec- QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VE- for HOVs. tion 201 of the Americans with Disabilities HICLES.— ‘‘(ii) Increase the toll charged for vehicles Act of 1990 (42 U.S.C. 12131). ‘‘(A) USE OF HOV FACILITIES.—For a period (b) COMPLIANCE THROUGH ACQUISITION AND allowed under subsection (b) to reduce de- beginning not later than 1 year after the USE OF PORTABLE LIFTS.—A public entity mand. date of enactment of this section and ending that provides a pool that is covered by title ‘‘(iii) Charge tolls to any class of vehicle on September 30, 2017, the State agency— II of the Americans with Disabilities Act of allowed under subsection (b) that is not al- ‘‘(i) may allow alternative fuel vehicles 1990 (42 U.S.C. 12131 et seq.) shall not be con- ready subject to a toll. and new qualified plug-in electric drive sidered to commit a discriminatory act ‘‘(iv) Limit or discontinue allowing vehi- motor vehicles (as defined in section under that title because the entity facili- cles under subsection (b). 30D(d)(1) of the Internal Revenue Code of tates use of the pool by acquiring and using ‘‘(v) Increase the available capacity of the 1986), to use HOV facilities in the State; and 1 portable pool lift rather than installing 1 HOV facility. ‘‘(ii) shall establish procedures for use in or more permanent pool lifts. A private enti- ‘‘(E) COMPLIANCE.—If the State fails to enforcing the restrictions on that use of HOV ty that provides a public accommodation bring a facility into compliance under sub- facilities by those vehicles. with a pool covered by title III of such Act paragraph (D), the Secretary shall subject ‘‘(B) EXISTING PROGRAMS AND PROCE- (42 U.S.C. 12181 et seq.) shall not be consid- the State to appropriate program sanctions DURES.—The State agency shall— ered to commit a discriminatory act under under section 1.36 of title 23, Code of Federal ‘‘(i) not later than 1 year after the date of that title because the entity facilitates use Regulations (or successor regulations), until enactment of this section, develop and pub- of the pool by acquiring and using 1 portable the performance is no longer degraded. lish in the Federal Register a plan for use pool lift for the pool rather than installing 1 ‘‘(2) DEGRADED FACILITY.— in— or more permanent pool lifts. ‘‘(A) DEFINITION OF MINIMUM AVERAGE OPER- ‘‘(I) revising the HOV facility programs ATING SPEED.—In this paragraph, the term and procedures of the State agency to ensure Mr. BENNET (for himself ‘minimum average operating speed’ means SA 1790. that those programs and procedures are in less than 65 percent of the HOV facility rated and Mr. MORAN) submitted an amend- compliance with this section; and speed limit. ment intended to be proposed by him ‘‘(II) notifying the public of any upcoming ‘‘(B) STANDARD FOR DETERMINING DEGRADED to the bill S. 1813, to reauthorize Fed- changes in vehicle eligibility for HOV facil- FACILITY.—For purposes of paragraph (1), the eral-aid highway and highway safety ity usage; and operation of a HOV facility shall be consid- ‘‘(ii) not later than 3 years after the date of construction programs, and for other ered to be degraded if vehicles operating on enactment of this section, update HOV facil- purposes; which was ordered to lie on the HOV facility are failing to maintain a ity programs and procedures in accordance the table; as follows: minimum average operating speed 65 percent with the plan described in clause (i). of the time over a consecutive 180-day period In division D, on page 1489, after line 25, ‘‘(d) REQUIREMENTS APPLICABLE TO during morning or evening weekday peak add the following: TOLLS.— hour periods (or both).’’. SEC. lllll. EXTENSION OF WIND ENERGY ‘‘(1) IN GENERAL.—Notwithstanding sec- CREDIT. tions 129 and 301, and except as provided in (b) SENSE OF CONGRESS.—It is the sense of Paragraph (1) of section 45(d) of the Inter- paragraph (2), tolls may be charged under Congress that the Secretary and the States nal Revenue Code of 1986 is amended by subsection (c)(4). should provide additional incentives (includ- striking ‘‘January 1, 2013’’ and inserting ‘‘(2) EXCESS TOLL REVENUES.—If a State ing the use of high occupancy vehicle lanes ‘‘January 1, 2014’’. on State highways and routes on the Inter- agency makes a certification under section SEC. lllll. COST OFFSET FOR EXTENSION OF 129(a)(3) with respect to toll revenues col- state System) for the purchase and use of ad- WIND ENERGY CREDIT, AND DEFICIT lected under subsection (c)(4), the State, in vanced technology and dedicated alternative REDUCTION, RESULTING FROM the use of toll revenues under subsection fuel vehicles, which have been proven to DELAY IN APPLICATION OF WORLD- (c)(4), shall give priority consideration to minimize air emissions and decrease con- WIDE ALLOCATION OF INTEREST. projects for developing alternatives to single sumption of fossil fuels. (a) IN GENERAL.—Paragraphs (5)(D) and (6) occupancy vehicle travel and projects for im- of section 864(f) of the Internal Revenue Code of 1986 are each amended by striking ‘‘De- proving highway safety. SA 1789. Mr. DEMINT submitted an ‘‘(e) HOV FACILITY MANAGEMENT, OPER- cember 31, 2020’’ and inserting ‘‘December 31, amendment intended to be proposed by ATION, MONITORING, AND ENFORCEMENT.— 2022’’. ‘‘(1) IN GENERAL.—A State agency that al- him to the bill S. 1813, to reauthorize (b) EFFECTIVE DATE.—The amendments lows vehicles to use a HOV facility under Federal-aid highway and highway safe- made by this section shall take effect on the paragraph (4) or (5) of subsection (c) shall ty construction programs, and for date of the enactment of this Act.

VerDate Mar 15 2010 02:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.018 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1397 SA 1791. Mr. BENNET (for himself ‘‘(B) connects a rural area to a city with a ‘‘(3) APPLICATION.—A State, local govern- and Mr. WARNER) submitted an amend- population of less than 250,000 inhabitants ment, public authority, public-private part- ment intended to be proposed to within the city limits. nership, or any other legal entity under- amendment SA 1761 proposed by Mr. ‘‘(15) SECURED LOAN.—The term ‘secured taking the project and authorized by the loan’ means a direct loan or other debt obli- Secretary, shall submit a project application REID to the bill S. 1813, to reauthorize gation issued by an obligor and funded by acceptable to the Secretary. Federal-aid highway and highway safe- the Secretary in connection with the financ- ‘‘(4) ELIGIBLE PROJECT COSTS.— ty construction programs, and for ing of a project under section 603. ‘‘(A) IN GENERAL.—Except as provided in other purposes; which was ordered to ‘‘(16) STATE.—The term ‘State’ has the subparagraph (B), to be eligible for assist- lie on the table; as follows: meaning given the term in section 101. ance under this chapter, a project shall have Beginning on page 615, strike line 19 and ‘‘(17) SUBSIDY AMOUNT.—The term ‘subsidy eligible project costs that are reasonably an- all that follows through page 622, line 16 and amount’ means the amount of budget au- ticipated to equal or exceed the lesser of— insert the following: thority sufficient to cover the estimated ‘‘(i)(I) $50,000,000; or ‘‘netic levitation transportation systems; long-term cost to the Federal Government of ‘‘(II) in the case of a rural infrastructure ‘‘(D) a project that— a Federal credit instrument, calculated on a project, $25,000,000; or net present value basis, excluding adminis- 1 ‘‘(i) is a project— ‘‘(ii) 33 ⁄3 percent of the amount of Federal trative costs and any incidental effects on ‘‘(I) for a public freight rail facility or a highway assistance funds apportioned for the governmental receipts or outlays in accord- private facility providing public benefit for most recently completed fiscal year to the ance with the Federal Credit Reform Act of highway users by way of direct freight inter- State in which the project is located. 1990 (2 U.S.C. 661 et seq.). change between highway and rail carriers; ‘‘(B) INTELLIGENT TRANSPORTATION SYSTEM ‘‘(18) SUBSTANTIAL COMPLETION.—The term ‘‘(II) for an intermodal freight transfer fa- PROJECTS.—In the case of a project prin- ‘substantial completion’ means— cility; cipally involving the installation of an intel- ‘‘(A) the opening of a project to vehicular ‘‘(III) for a means of access to a facility de- ligent transportation system, eligible or passenger traffic; or scribed in subclause (I) or (II); project costs shall be reasonably anticipated ‘‘(B) a comparable event, as determined by ‘‘(IV) for a service improvement for a facil- to equal or exceed $15,000,000. the Secretary and specified in the credit ‘‘(C) OTHER PROJECTS.—In the case of a ity described in subclause (I) or (II) (includ- agreement. ing a capital investment for an intelligent project that is eligible under section ‘‘(19) TIFIA PROGRAM.—The term ‘TIFIA 601(a)(11)(E), eligible project costs shall be transportation system); or program’ means the transportation infra- ‘‘(V) that comprises a series of projects de- reasonably anticipated to equal or exceed structure finance and innovation program of $15,000,000. scribed in subclauses (I) through (IV) with the Department. the common objective of improving the flow ‘‘(20) CONTINGENT COMMITMENT.—The term SA 1792. Mrs. SHAHEEN (for herself, of goods; ‘contingent commitment’ means a commit- Ms. MURKOWSKI, Ms. COLLINS, Mr. ‘‘(ii) may involve the combining of private ment to obligate an amount from future and public sector funds, including invest- available budget authority that is— LEVIN, Ms. KLOBUCHER, Mr. SANDERS, ment of public funds in private sector facil- ‘‘(A) contingent upon those funds being Mr. BEGICH, Mr. LEAHY, Mr. MERKLEY, ity improvements; made available in law at a future date; and Ms. LANDRIEU, and Ms. STABENOW) sub- ‘‘(iii) if located within the boundaries of a ‘‘(B) not an obligation of the Federal Gov- mitted an amendment intended to be port terminal, includes only such surface ernment. proposed by her to the bill S. 1813, to transportation infrastructure modifications ‘‘(b) TREATMENT OF CHAPTER.—For pur- reauthorize Federal-aid highway and as are necessary to facilitate direct inter- poses of this title, this chapter shall be modal interchange, transfer, and access into treated as being part of chapter 1. highway safety construction programs, and for other purposes; which was or- and out of the port; and ‘‘§ 602. Determination of eligibility and ‘‘(iv) is composed of related highway, sur- project selection dered to lie on the table; as follows: face transportation, transit, rail, or inter- ‘‘(a) ELIGIBILITY.—A project shall be eligi- Beginning on page 264, strike line 23 and modal capital improvement projects eligible ble to receive credit assistance under this all that follows through page 267, line 9, and for assistance under this subsection in order chapter if the entity proposing to carry out insert the following: to meet the eligible project cost threshold the project submits a letter of interest prior ‘‘(5) SPECIAL RULES FOR SMALL METROPOLI- under section 602, by grouping related to submission of a formal application for the TAN PLANNING ORGANIZATIONS.— projects together for that purpose, on the project, and the project meets the following ‘‘(A) IN GENERAL.—Subject to subparagraph condition that the credit assistance for the criteria: (B), a metropolitan planning organization projects is secured by a common pledge; and ‘‘(1) CREDITWORTHINESS.— subject to this section and chapter 53 of title ‘‘(E) a project to improve or construct pub- ‘‘(A) IN GENERAL.—The project shall satisfy 49 (as in effect on the day before the date of lic infrastructure that is located within 1⁄2 applicable creditworthiness standards, enactment of the MAP–21) shall continue to mile of— which, at a minimum, includes— be designated as a metropolitan planning or- ‘‘(i) a fixed guideway transit facility; ‘‘(i) a rate covenant, if applicable; ganization subject to this section (as amend- ‘‘(ii) a passenger rail station; ‘‘(ii) adequate coverage requirements to ed by that Act) if the metropolitan planning ‘‘(iii) an intercity or intermodal facility; ensure repayment; organization— or ‘‘(iii) an investment grade rating from at ‘‘(i) serves an urbanized area; and ‘‘(iv) in an area with a population of less least 2 rating agencies on debt senior to the ‘‘(ii) the population of the urbanized area than 200,000 individuals, a transit center, in- Federal credit instrument; and is more than 50,000 individuals and less than cluding— ‘‘(iv) a rating from at least 2 rating agen- 200,000 individuals. ‘‘(I) improvements to mobility; cies on the Federal credit instrument, sub- ‘‘(B) EXCEPTION.—Subparagraph (A) shall ‘‘(II) rehabilitation or construction of ject to the condition that, with respect not apply if the Governor and units of gen- streets, transit stations, structured parking, toclause (iii), if the senior debt and Federal eral purpose local government— walkways, and bikeways; or credit instrument is for an amount less than ‘‘(i) agree to terminate the designation de- ‘‘(III) any other activity listed under sec- $75,000,000 or for a rural infrastructure scribed in subparagraph (A); and tion 5302(3)(G)(v) of title 49. project or intelligent transportation systems ‘‘(ii) together represent at least 75 percent ‘‘(12) PROJECT OBLIGATION.—The term project, 1 rating agency opinion for each of of the population described in subparagraph ‘project obligation’ means any note, bond, the senior debt and Federal credit instru- (A)(ii), based on the latest available decen- debenture, or other debt obligation issued by ment shall be sufficient. nial census conducted under section 141(a) of an obligor in connection with the financing ‘‘(B) SENIOR DEBT.—Notwithstanding sub- title 13, United States Code. of a project, other than a Federal credit in- paragraph (A), in a case in which the Federal ‘‘(C) TREATMENT.—A metropolitan plan- strument. credit instrument is the senior debt, the Fed- ning organization described in subparagraph ‘‘(13) RATING AGENCY.—The term ‘rating eral credit instrument shall be required to (A) shall be treated, for purposes of this sec- agency’ means a credit rating agency reg- receive an investment grade rating from at tion and chapter 53 of title 49 as a metropoli- istered with the Securities and Exchange least 2 rating agencies, unless the credit in- tan planning organization that is subject to Commission as a nationally recognized sta- strument is for a rural infrastructure project this section (as amended by the MAP–21). tistical rating organization (as that term is or intelligent transportation systems defined in section 3(a) of the Securities Ex- project, in which case 1 rating agency opin- SA 1793. Mrs. FEINSTEIN submitted change Act of 1934 (15 U.S.C. 78c(a))). ion shall be sufficient. an amendment intended to be proposed ‘‘(14) RURAL INFRASTRUCTURE PROJECT.— ‘‘(2) INCLUSION IN TRANSPORTATION PLANS to amendment SA 1761 proposed by Mr. The term ‘rural infrastructure project’ AND PROGRAMS.—The project shall satisfy the REID to the bill S. 1813, to reauthorize means a surface transportation infrastruc- applicable planning and programming re- ture project either— quirements of sections 134 and 135 at such Federal-aid highway and highway safe- ‘‘(A) located in any area other than an ur- time as an agreement to make available a ty construction programs, and for banized area that has a population of greater Federal credit instrument is entered into other purposes; which was ordered to than 250,000 inhabitants; or under this chapter. lie on the table; as follows:

VerDate Mar 15 2010 02:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.021 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1398 CONGRESSIONAL RECORD — SENATE March 5, 2012 On page 387, strike lines 4 through 6 and in- of title 49, United States Code, or section contracts, if at least 1 contract for the sert the following: 24305(f)(4), or 24405(a)(2), of such title, the project is funded with amounts made avail- (i) in subparagraph (B)— Secretary shall provide notice of, and an op- able to carry out this title.’’. (I) in clause (i), by striking ‘‘but’’; and portunity for public comment on, the re- (2) AMTRAK.—Section 24305(f) of title 49, (II) by striking clause (ii) and inserting the quest not later than 15 days before making a United States Code, is amended by adding at following: finding based on such request. the end the following: ‘‘(ii) at the request of a State, the Sec- ‘‘(ii) NOTICE REQUIREMENTS.—Each notice ‘‘(5) The requirements under this sub- retary may assign the State, and the State provided under clause (i)— section shall apply to all contracts eligible may assume, the responsibilities of the Sec- ‘‘(I) shall include the information available for Federal funding for a project carried out retary with respect to 1 or more transit, rail- to the Secretary concerning the request, in- within the scope of the applicable finding, road, or multimodal projects within the cluding the requestor’s justification for such determination, or decision under the Na- State under the National Environmental request; and tional Environmental Policy Act of 1969 (42 Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); ‘‘(II) shall be provided electronically, in- U.S.C. 4321 et seq.), regardless of the funding and cluding on the official public Internet source of such contracts, if at least 1 con- ‘‘(iii) the Secretary may not assign— website of the Department. tract for the project is funded with amounts ‘‘(B) PUBLICATION OF DETAILED JUSTIFICA- made available to carry out this chapter.’’. SA 1794. Mr. ISAKSON (for himself TION.—If the Secretary issues a waiver pursu- (3) APPLICATION TO INTERCITY PASSENGER and Mr. CHAMBLISS) submitted an ant to the authority granted under a provi- RAIL SERVICE CORRIDORS.—Section 24405(a) of amendment intended to be proposed by sion referenced in subparagraph (A)(i), the title 49, United States Code, is amended— him to the bill S. 1813, to reauthorize Secretary shall publish, in the Federal Reg- (A) by striking paragraph (4); Federal-aid highway and highway safe- ister, a detailed justification for the waiver (B) by redesignating paragraphs (5) that— through (11) as paragraphs (4) through (10), ty construction programs, and for ‘‘(i) addresses the public comments re- respectively; and other purposes; which was ordered to ceived under subparagraph (A)(i); and (C) by adding at the end the following: lie on the table; as follows: ‘‘(ii) is published before the waiver takes ‘‘(11) The requirements under this sub- At the end of subtitle E of title I of divi- effect. section shall apply to all contracts eligible sion A, add the following: ‘‘(C) BUY AMERICA REPORTING.—Not later for Federal funding for a project carried out SEC. 15ll. SAVANNAH HARBOR EXPANSION, than February 1, 2013, and annually there- within the scope of the applicable finding, GEORGIA. after, the Secretary shall submit a report to determination, or decision under the Na- The project for harbor deepening, Savan- Congress that— tional Environmental Policy Act of 1969 (42 nah Harbor Expansion, Georgia, authorized ‘‘(i) specifies each highway, public trans- U.S.C. 4321 et seq.), regardless of the funding by section 101(b)(9) of the Water Resources portation, or railroad project for which the source of such contracts, if at least 1 con- Development Act of 1999 (Public Law 106–53; Secretary issued a waiver from a Buy Amer- tract for the project is funded with amounts 113 Stat. 279), is modified to authorize the ica requirement pursuant to the authority made available to carry out this title. Secretary of the Army to construct the granted under a provision referenced in sub- ‘‘(12) If a project receives funding under project at a total cost of $659,652,977, with an paragraph (A)(i) during the preceding cal- chapter 243 and under the Passenger Rail In- estimated Federal cost of $401,178,855 and an endar year; vestment and Improvement Act of 2008 (divi- estimated non-Federal cost of $258,474,122, ‘‘(ii) identifies the country of origin and sion B of Public Law 110–432), the Buy Amer- pending a record of decision for the project. product specifications for the steel, iron, or ica requirements set forth in the Passenger manufactured goods acquired pursuant to Rail Investment and Improvement Act of SA 1795. Mr. ISAKSON (for himself each of the waivers specified under clause (i); 2008 shall apply to all contracts in the and project within the scope of the applicable and Mr. CHAMBLISS) submitted an ‘‘(iii) summarizes the monetary value of finding, determination, or decision under he amendment intended to be proposed to contracts awarded pursuant to each such National Environmental Policy Act of 1969 amendment SA 1761 proposed by Mr. waiver. (42 U.S.C. 4321 et seq.).’’. REID to the bill S. 1813, to reauthorize ‘‘(D) CONSISTENCY WITH INTERNATIONAL (4) CONSISTENCY WITH INTERNATIONAL Federal-aid highway and highway safe- AGREEMENTS.—This paragraph shall be ap- AGREEMENTS.—The amendments made by ty construction programs, and for plied in a manner that is consistent with this subsection shall be applied in a manner other purposes; which was ordered to United States obligations under relevant that is consistent with United States obliga- lie on the table; as follows: international agreements. tions under relevant international agree- ‘‘(E) REVIEW OF NATIONWIDE WAIVERS.—Not ments. On page 490, between lines 3 and 4, insert later than 1 year after the date of the enact- the following: ment of the Moving Ahead for Progress in SA 1797. Mr. DURBIN submitted an SEC. 15ll. SAVANNAH HARBOR EXPANSION, the 21st Century Act, and at least once every amendment intended to be proposed by GEORGIA. 5 years thereafter, the Secretary shall review him to the bill S. 1813, to reauthorize The project for harbor deepening, Savan- each standing nationwide waiver issued pur- nah Harbor Expansion, Georgia, authorized Federal-aid highway and highway safe- suant to the authority granted under any of ty construction programs, and for by section 101(b)(9) of the Water Resources the provisions referenced in subparagraph Development Act of 1999 (Public Law 106–53; (A)(i) to determine whether continuing such other purposes; which was ordered to 113 Stat. 279), is modified to authorize the waiver is necessary. lie on the table; as follows: Secretary of the Army to construct the On page 900, between lines 9 and 10, insert On page 44, line 15, strike ‘‘2009’’ and insert project at a total cost of $659,652,977, with an the following: ‘‘2011’’. estimated Federal cost of $401,178,855 and an ‘‘(10) APPLICATION TO TRANSIT PROGRAMS.— estimated non-Federal cost of $258,474,122, The requirements under this subsection shall SA 1798. Mr. BOOZMAN submitted an pending a record of decision for the project. apply to all contracts eligible for Federal amendment intended to be proposed to funding for a project carried out within the amendment SA 1761 proposed by Mr. SA 1796. Mr. BROWN of Ohio (for scope of the applicable finding, determina- REID to the bill S. 1813, to reauthorize himself and Mr. MERKLEY) submitted tion, or decision under the National Environ- an amendment intended to be proposed Federal-aid highway and highway safe- mental Policy Act of 1969 (42 U.S.C. 4321 et ty construction programs, and for to amendment SA 1761 proposed by Mr. seq.), regardless of the funding source of such other purposes; which was ordered to REID to the bill S. 1813, to reauthorize contracts, if at least 1 contract for the Federal-aid highway and highway safe- project is funded with amounts made avail- lie on the table; as follows: ty construction programs, and for able to carry out this chapter. At the end of subtitle E of title I of divi- other purposes; which was ordered to On page 904, between lines 6 and 7, insert sion A, add the following: lie on the table; as follows: the following: SEC. 15ll. ENGINEERING AND DESIGN SERV- (b) BUY AMERICA PROVISIONS.— ICES. On page 888, line 18, strike ‘‘Section’’ and (1) SURFACE TRANSPORTATION.—Section 313 (a) DEFINITION OF STATE TRANSPORTATION insert the following: of title 23, United States Code, is amended by DEPARTMENT.—In this section, the term (a) IN GENERAL.—Section adding at the end the following: ‘‘State transportation department’’ has the Beginning on page 896, strike line 22 and ‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.— meaning given the term in section 101 of all that follows through page 897, line 22, and The requirements under this section shall title 23, United States Code. insert the following: apply to all contracts eligible for Federal (b) DELIVERY OF SERVICES.—For projects ‘‘(3) BUY AMERICA WAIVER REQUIREMENTS.— funding for a project carried out within the carried out under title 23, United States ‘‘(A) NOTICE AND COMMENT OPPORTUNITIES.— scope of the applicable finding, determina- Code, a State transportation department ‘‘(i) IN GENERAL.—If the Secretary receives tion, or decision under the National Environ- shall use, to the maximum extent prac- a request for a waiver under section 313(b) of mental Policy Act of 1969 (42 U.S.C. 4321 et ticable, commercial enterprises for the deliv- title 23, United States Code, section 5323(j)(2) seq.), regardless of the funding source of such ery of engineering and design services.

VerDate Mar 15 2010 01:31 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.019 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE March 5, 2012 CONGRESSIONAL RECORD — SENATE S1399 (c) CONSIDERATIONS.—In carrying out sub- The PRESIDING OFFICER. Without net, including blocking e-mail and social section (b), a State transportation depart- objection, it is so ordered. networking sites and limiting access to for- ment should consider with respect to the use The preamble was agreed to. eign news and websites, developing a na- of commercial enterprises for the delivery of The resolution, with its preamble, tional Internet that will facilitate govern- engineering and design services, among other reads as follows: ment censorship of news and information, factors— and jamming international broadcasts such S. RES. 386 (1) the long-term value to the taxpayer; as the Voice of America’s Persian News Net- and Whereas democracy, human rights, and work and Radio Free Europe/Radio Liberty’s (2) the need to maintain a competent engi- civil liberties are universal values and funda- Radio Farda; and neering workforce to provide program man- mental principles of United States foreign Whereas opposition groups in Iran have an- agement and oversight. policy; nounced they will boycott the March 2, 2012, (d) ANNUAL REPORT.—Not later than 1 year Whereas an essential element of demo- election because they believe it will be nei- after the date of enactment of this Act, and cratic self-government is for leaders to be ther free nor fair nor consistent with inter- annually thereafter, each State transpor- chosen and regularly held accountable national standards: Now, therefore, be it tation department shall submit to the Sec- through elections that are organized and Resolved, That the Senate— retary a report documenting the extent to conducted in a manner that is free, fair, in- (1) reaffirms the commitment of the which the State uses commercial enterprises clusive, and consistent with international United States to democracy, human rights, for the delivery of engineering and design standards; civil liberties, and rule of law, including the services for projects carried out under title Whereas governments whose power does universal rights of freedom of assembly, free- 23, United States Code, including, at a min- not derive from free and fair elections lack dom of speech, and freedom of association; imum, a description of— democratic legitimacy; (2) expresses support for freedom, human (1) the number and types of engineering Whereas the Government of the Islamic rights, civil liberties, and rule of law in Iran, and design activities for which commercial Republic of Iran is a signatory to the United and for elections that are free, fair, and meet enterprises were used during the year cov- Nations International Covenant on Civil and international standards, including granting ered by the report; and Political Rights, adopted December 16, 1966 independent international and domestic elec- (ICCPR), which states that every citizen has (2) the policies or procedures used by the toral observers unrestricted access to polling the right to vote ‘‘at genuine periodic elec- State transportation department to increase and counting stations; tions’’ that reflect ‘‘the free expression of the number of engineering and design serv- (3) expresses strong support for the people the will of the electors’’; ices for which commercial enterprises were of Iran in their peaceful calls for a represent- Whereas the Government of the Islamic used. ative and responsive democratic government Republic of Iran regularly violates its obli- that respects human rights, civil liberties, gations under the ICCPR, holding elections and the rule of law; SA 1799. Ms. CANTWELL (for herself that are neither free nor fair nor consistent (4) reminds the Government of the Islamic and Mr. RUBIO) submitted an amend- with international standards; Republic of Iran of its obligations under the ment intended to be proposed to Whereas elections in Iran are marred by international covenants to which it is a sig- amendment SA 1761 proposed by Mr. the disqualification of candidates based on natory to hold elections that are free and their political views; the absence of credible REID to the bill S. 1813, to reauthorize fair; international observers; severe restrictions Federal-aid highway and highway safe- (5) condemns the Government of the Is- on freedom of expression, assembly, and as- ty construction programs, and for lamic Republic of Iran’s widespread human sociation, including censorship, surveillance, other purposes; which was ordered to rights violations; and disruptions in telecommunications, and lie on the table; as follows: the absence of a free media; widespread in- (6) calls on the Government of the Islamic At the end of title II of division D, add the timidation and repression of candidates, po- Republic of Iran to respect freedom of ex- following: litical parties, and citizens; and systemic pression and association in Iran by— (A) ending arbitrary detention, torture, SEC. ll. EXTENSION OF DEDUCTION OF STATE electoral fraud and manipulation; AND LOCAL SALES TAXES. Whereas the last nationwide election held and other forms of harassment against media professionals, human rights defenders and (a) IN GENERAL.—Subparagraph (I) of sec- in Iran, on June 12, 2009, was widely con- activists, and opposition figures, and releas- tion 164(b)(5) is amended by striking ‘‘Janu- demned inside Iran and throughout the world ing all individuals detained for exercising ary 1, 2012’’ and inserting ‘‘January 1, 2013’’. as neither free nor fair and provoked large- universally recognized human rights; (b) EFFECTIVE DATE.—The amendment scale peaceful protests throughout Iran; made by this section shall apply to taxable Whereas, following the June 12, 2009, elec- (B) lifting legislative restrictions on free- years beginning after December 31, 2011. tion, the Government of the Islamic Repub- doms of assembly, association, and expres- sion; and f lic of Iran responded to peaceful protests with a large-scale campaign of politically (C) allowing the Internet to remain free CALLING FOR FREE AND FAIR motivated violence, intimidation, and re- and open and allowing domestic and inter- ELECTIONS IN IRAN pression, including acts of torture, cruel and national media to operate freely; degrading treatment in detention, rape, exe- (7) further calls on the Government of the Mr. DURBIN. Mr. President, I ask cutions, extrajudicial killings, and indefinite Islamic Republic of Iran to allow inter- unanimous consent that the Foreign detention; national election monitors to be present for Relations Committee be discharged Whereas, on December 26, 2011, the United the March 2, 2012, elections; and and the Senate now proceed to consid- Nations General Assembly passed a resolu- (8) urges the President, the Secretary of eration of S. Res. 386. tion denouncing the serious human rights State, and other world leaders— The PRESIDING OFFICER. Without abuses occurring in the Islamic Republic of (A) to express support for the universal rights and freedoms of the people of Iran, in- objection, it is so ordered. Iran; Whereas authorities in Iran continue to cluding to democratic self-government; The clerk will report the resolution (B) to broaden engagement with the people by title. hold several candidates from the 2009 elec- tion in indefinite detention; of Iran and support efforts in the country to The assistant legislative clerk read Whereas authorities in Iran have an- help promote human rights and democratic as follows: nounced that nationwide parliamentary elec- reform, including by providing appropriate A resolution (S. Res. 386) calling for free tions will be held on March 2, 2012; funding to civil society organizations for de- and fair elections in Iran, and for other pur- Whereas the Government of the Islamic mocracy and governance activities; and poses. Republic of Iran has banned more than 2,200 (C) to condemn elections that are not free candidates from participating in the March and fair and that do not meet international There being no objection, the Senate standards. proceeded to consider the resolution. 2, 2012, elections, including current members of parliament; f Mr. DURBIN. Mr. President, I know Whereas no domestic or international elec- APPOINTMENTS of no further debate on the resolution, tion observers are scheduled to oversee the and I urge its adoption. March 2, 2012, elections; The PRESIDING OFFICER. The The PRESIDING OFFICER. The Whereas the Government of the Islamic Chair, on behalf of the Vice President, question is on agreeing to the resolu- Republic of Iran continues to hold leading pursuant to the provisions of S. Con. tion. opposition figures under house arrest; Res. 35 (112th Congress), appoints the The resolution (S. Res. 386) was Whereas the Government of the Islamic following Senators to the Joint Con- agreed to. Republic of Iran seeks to prevent the people gressional Committee on Inaugural of Iran from accessing news and information Mr. DURBIN. I ask unanimous con- by incarcerating more journalists than any Ceremonies: the Senator from Nevada, sent that the preamble be agreed to other country in the world, according to a Mr. REID; the Senator from New York, and the motion to reconsider be laid 2011 report from the Committee to Protect Mr. SCHUMER, and the Senator from upon the table. Journalists; disrupting access to the Inter- Tennessee, Mr. ALEXANDER.

VerDate Mar 15 2010 02:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A05MR6.020 S05MRPT1 smartinez on DSK7TPTVN1PROD with SENATE S1400 CONGRESSIONAL RECORD — SENATE March 5, 2012 ORDERS FOR TUESDAY, MARCH 6, amendment No. 1761 is 11:30 a.m. Tues- OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: 2012 day. To be brigadier general Mr. DURBIN. Mr. President, I ask The first vote of the week will be at unanimous consent that when the Sen- noon on the motion to invoke cloture COL. DOUGLAS D. DELOZIER ate completes its business today, it ad- on the Reid amendment. IN THE NAVY journ until Tuesday, March 6, at 10 Additionally, there will be two votes THE FOLLOWING NAMED OFFICER FOR APPOINTMENT on confirmation of the Phillips and IN THE UNITED STATES NAVY TO THE GRADE INDICATED a.m.; that following the prayer and UNDER TITLE 10, U.S.C., SECTION 624: pledge, the Journal of proceedings be Rice nominations at 2:15 p.m. tomor- approved to date, the morning hour be row. To be rear admiral deemed expired, and the time for the f REAR ADM. (LH) CLINTON F. FAISON III two leaders be reserved for their use THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADJOURNMENT UNTIL 10 A.M. IN THE UNITED STATES NAVY TO THE GRADE INDICATED later in the day; that following any TOMORROW UNDER TITLE 10, U.S.C., SECTION 624: leader remarks, the Senate proceed to To be rear admiral a period of morning business for up to Mr. DURBIN. If there is no further REAR ADM. (LH) JONATHAN A. YUEN 1 hour, with Senators permitted to business to come before the Senate, I ask unanimous consent that it adjourn THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT speak therein for up to 10 minutes IN THE UNITED STATES NAVY TO THE GRADE INDICATED each, with the time equally divided and under the previous order. UNDER TITLE 10, U.S.C., SECTION 624: controlled between the two leaders or There being no objection, the Senate, To be rear admiral at 5:32 p.m., adjourned until Tuesday, their designees, with the majority con- REAR ADM. (LH) KATHERINE L. GREGORY trolling the first half and the Repub- March 6, 2012, at 10 a.m. REAR ADM. (LH) KEVIN R. SLATES licans controlling the final half; fol- f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE lowing morning business, the Senate NOMINATIONS INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: resume consideration of S. 1813, the To be rear admiral surface transportation bill; further, Executive nominations received by the Senate: REAR ADM. (LH) SANDY L. DANIELS that the time prior to the cloture vote REAR ADM. (LH) JOHN E. JOLLIFFE be equally divided and controlled be- DEPARTMENT OF STATE REAR ADM. (LH) CHRISTOPHER J. PAUL tween the two sides, with the final 10 EDWARD M. ALFORD, OF VIRGINIA, A CAREER MEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- IN THE UNITED STATES NAVY RESERVE TO THE GRADE minutes controlled between the two COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: leaders or their designees, with the ma- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE GAMBIA. To be rear admiral jority leader controlling the final 5 PETER WILLIAM BODDE, OF MARYLAND, A CAREER REAR ADM. (LH) BRUCE A. DOLL minutes; and that at 12:30 p.m., the MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senate recess until 2:15 p.m. to allow DINARY AND PLENIPOTENTIARY OF THE UNITED STATES IN THE UNITED STATES NAVY RESERVE TO THE GRADE for the weekly caucus meetings. OF AMERICA TO THE FEDERAL DEMOCRATIC REPUBLIC INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: OF NEPAL. The PRESIDING OFFICER. Without PIPER ANNE WIND CAMPBELL, OF THE DISTRICT OF CO- To be rear admiral objection, it is so ordered. LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN REAR ADM. (LH) BRYAN P. CUTCHEN SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR f EXTRAORDINARY AND PLENIPOTENTIARY OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OF AMERICA TO MONGOLIA. IN THE UNITED STATES NAVY RESERVE TO THE GRADE PROGRAM INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE AIR FORCE Mr. DURBIN. The filing deadline for To be rear admiral THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED second-degree amendments to the Reid STATES OFFICER FOR APPOINTMENT IN THE RESERVE REAR ADM. (LH) DAVID G. RUSSELL

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HONORING THE LIFE AND Day School. He also enjoyed his work with the dition, John maintains an intern program at ACHIEVEMENTS OF FRANK Memphis Zoological Society, Elmwood Ceme- U.S. Granules that provides work experience MARMADUKE NORFLEET tery and the Memphis Opera Theater where and scholarship assistance. he served as the director. John has also been a supporter of youth HON. STEVE COHEN Friends and family remember Mr. Norfleet baseball programs. He has been a longtime OF TENNESSEE as a man of great intelligence and enthu- patron of the American Legion Post 27 base- ball club, the Diamond Spyders, and helped IN THE HOUSE OF REPRESENTATIVES siasm. According to his son-in-law and former colleague, Alex Thompson, his success organize its first sports program in the Plym- Monday, March 5, 2012 stemmed ‘‘not from ambition, but the way he outh area. John’s support extends to the Indi- Mr. COHEN. Mr. Speaker, I rise today to was wired and the gifts God gave him.’’ Oth- ana Baseball Hall of Fame, and with his as- pay tribute to the life and legacy of Frank ers describe him as a mentor who was willing sistance, it dedicated the Bill Nixon Plymouth Marmaduke Norfleet. Mr. Norfleet was born in to share his knowledge and experience. Pear- Baseball Wing in October 2007. When in- Memphis, TN on November 27, 1918 and be- son Crutcher, the executive director of the ducted in to the Indiana Baseball Hall of Fame came a philanthropist as well as an out- Memphis Entrepreneurial Society said that Mr. himself in 2009, John humbly reminded us standing civil and business leader. Norfleet ‘‘was one of those people who made that his contributions were dedicated to his In 1941, Mr. Norfleet joined the Army, serv- your life better because you knew him.’’ community’s youth and their future, not for ing as a cavalryman and tank officer in World Mr. Norfleet passed away surrounded by his personal gain. War II. A decorated veteran, Mr. Norfleet was family at his home on February 17, 2012 at 93 Moreover, John has been an active board awarded the Bronze Star with Oak Leaf Clus- years of age. He is survived by his loving wife member of the St. Joseph Regional Medical ter, the French Croix de Guerre for fighting in of 69 years, Jean Flanigan Norfleet, three Center since 2004, where he has worked ex- The Battle of the Bulge and the Silver Star for daughters, Janet Sheahan, Jean Laughlin, and tensively on the hospital’s committees related Valor. After leaving the military, he returned to Frances Thompson, 7 grandchildren, and 9 to finance, executive leadership, governance, Memphis in 1946 and began working at Parts, great-grandchildren. and strategic planning. He is a former director Inc., an automotive ‘‘aftermarket’’ company f of the Indiana Manufacturing Association, the and eventually led it to significant growth as its Marshall County Industrial Association, the Chairman and CEO. In 1959 he cofounded HONORING THE CONTRIBUTIONS Plymouth Industrial Development Company, and became the president and director of the TO OUR LOCAL COMMUNITIES and the Marshall County Solid Waste Manage- Automotive Warehouse Distributors Associa- MADE BY JOHN OLIVER ment District Citizens Board. In addition, he tion. In 1969 he assumed the same role with was chairman of the audit committee for the the Automotive Information Council of New HON. JOE DONNELLY Marshall County Community Foundations. He York, another company that he cofounded. In OF INDIANA served as fundraising drive chairman for the addition to this, he served as a director of First IN THE HOUSE OF REPRESENTATIVES Marshall County United Way and the Plym- Tennessee Bank for 18 years and at CSX outh Emergency Vehicle Fund. Monday, March 5, 2012 Corp. Through his extensive participation in his In 1978, Mr. Norfleet founded Forum for a Mr. DONNELLY of Indiana. Mr. Speaker, community including his service in the U.S. Better Memphis, a short-lived organization that today I rise to pay tribute to John Oliver, an Army Reserves, he serves as the model of a encouraged and supported political candidates outstanding American citizen who has shown civic-minded American. On behalf of the citi- who sought to effect positive changes for the commitment and service to the Plymouth, Indi- zens of Indiana’s Second District, I would like city. That year, I ran for County Commissioner ana community. to salute his character, his personal achieve- and became the forum’s first beneficiary of A native of Newcastle in the United King- ments, and his contributions to our community. their support. It was at that time that I had the dom, John immigrated to the United States on f good fortune of meeting and developing a March 16, 1962 when he was 19 years old, IN RECOGNITION OF DR. CURTIS friendship with Mr. Norfleet. and in 1975, he was officially recognized as a RAMSEY Mr. Norfleet worked closely with Memphis United States citizen. health organizations and in 1980, the Univer- John began his journey in the manufacturing sity of Tennessee Health Science Center industry as a laborer for a small research and HON. MICHAEL C. BURGESS named its annual healthcare forum in his development firm. He moved to Plymouth to OF TEXAS honor. When he was inducted into the Mem- work for that company’s manufacturing sub- IN THE HOUSE OF REPRESENTATIVES phis Society of Entrepreneurs in 1997, Mr. sidiary, ultimately becoming its president in Monday, March 5, 2012 Norfleet commented, ‘‘Being an entrepreneur 1977. Nine years later, John purchased the Mr. BURGESS. Mr. Speaker, I rise today to not only offers opportunities for personal finan- company and renamed it U.S. Granules Cor- honor an acclaimed educator, Dr. Curtis cial success but of equal importance is the en- poration, which today produces fifty percent of Ramsey. Dr. Ramsey has over 60 years of ex- trepreneur’s ability to give others employment the world’s granulated aluminum. With his perience in education and has served as a and, in many cases, opportunities to make leadership, U.S. Granules remains a leader in member of the Denton Independent School charitable gifts to those in need and less fortu- technology and quality, producing particle District (ISD) Board of Trustees for 18 years. nate.’’ Furthermore, in 1999, Mr. Norfleet was products from aluminum recovered from indus- He has taught internationally as a public class- honored by the State of Tennessee for his trial waste. Today, U.S. Granules has estab- room teacher, college professor, dean, and long history of giving back and working to im- lished customers on five continents. educational consultant. prove Memphis and Shelby County. But what truly reflects John’s commendable Dr. Ramsey has not only dedicated his life Mr. Norfleet’s list of civic involvements is spirit is his service to his local community. He to the teaching of others but was equally as just as extensive. In addition to serving as an has been a pillar of support for the children of passionate about learning himself. Dr. Ramsey elder at Second Presbyterian Church, he was Plymouth. Quietly and without recognition, received his bachelor’s and master’s degrees a founding member of both the Community John endowed a fund to benefit the Plymouth from North Texas State University, now the Foundation of Greater Memphis and the Eco- High School Speech Team, a state leader in University of North Texas. He received his nomics Club of Memphis. He also served two debate competition. To further advance the doctorate from Vanderbilt University, where he six-year terms as Justice of the Peace for the strength of local schools, John has made was a professor of teacher education, and Shelby County Quarterly Court. Mr. Norfleet’s many financial donations to help with the pur- completed his post-doctoral work at Teachers other involvements included raising money for chase of books for school libraries, leadership College at Columbia University. Rhodes College, the University of Tennessee, seminars for students, and the expansion of Dr. Ramsey has served professionally at Memphis University School, and Presbyterian scholarship and other award programs. In ad- local, state, national and international levels.

∑ 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 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MR8.001 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E308 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2012 Previously, he held positions as dean of the October 2010; Ethan A. Glasser-Camp has February 25 in Kabul, Afghanistan, while work- College of Education at the University of been serving in Cameroon since August 2010; ing at the Afghanistan Ministry of the Interior Bridgeport, Connecticut, Professor of teacher Evelyn Minaya has been serving in Romania in support of Operation Enduring Freedom. education at Vanderbilt University’s George since August 2010; and Rosemarie B. Philip J.D. or Darin, as his family and friends knew Peabody College, Chair of Elementary Edu- has been serving in Costa Rica since Decem- him, was assigned to Air Force Special Oper- cation at Kent State University, and as Distin- ber 2010. Their tireless efforts for the greater ations Command. guished Visiting Professor at Bir Zeit Univer- cause of peace will profoundly affect these Lt Col Loftis first entered the Air Force in sity near Ramallah in the West Bank of Pal- communities. I would like to applaud and com- 1996 as a Space and Missile Officer after re- estine. mend these outstanding volunteers from ceiving his commission through Officer Train- He has been recognized for his contribu- Brooklyn for committing themselves to such a ing School. In 2008, he became a Regional tions to the field of education and has been a worthwhile cause. They are role models for us Affairs Strategist; and in 2009, he deployed to member for 10 years on the Legislative Advi- all. Afghanistan with a Provincial Reconstruction sory Committee to the Texas Association of f Team with a mission to help Afghanistan re- School Boards. In addition, he was a member build its infrastructure and secure the rule of of the North Texas Area Association of School HONORING THE HEROES OF law within the country. It was during that de- Boards’ executive committee for six years. In SELMA, ALABAMA ployment that his fluency in the Pashto lan- 2010, he received an award of distinguished guage made it possible for him and his team service at the TASB and TASA state con- HON. DAVID N. CICILLINE to engage directly with local Afghans. This ference, and in 1996 he achieved the Master OF RHODE ISLAND helped both sides establish a mutual trust and Trustee status from TASB. IN THE HOUSE OF REPRESENTATIVES provided a means to exchange viewpoints and Dr. Ramsey has shared his expertise as an learn about each other’s culture. In fact, he Monday, March 5, 2012 educational consultant and witness before the was so successful that the local Afghans gave Texas Legislature. He dedicated hundreds of Mr. CICILLINE. Mr. Speaker, 47 years ago him the Pashto name: Esan, meaning the hours to visit and speak to legislators about this month, nearly 8,000 men and women from quality of being generous. During his last de- many proposed bills that could have a direct every walk of life took to the streets in Selma, ployment, Lt Col Loftis was once again work- impact on education, Texas students, and the Alabama in three successive marches to de- ing to help U.S. service members bridge the country. His dedication and public service on mand full and equal rights for every American. cultural divide that separates them from their behalf of Texas students and teachers has These ordinary heroes were brutally beaten Afghan and Pakistani counterparts. never wavered. by Alabama State Troopers as they crossed His mission was a noble one and of his Earlier this month, Dr. Ramsey announced the Edmund Pettus Bridge in Selma on Sun- dedication to duty, courage of heart, and com- that he will be retiring from the Denton ISD day, March 7, 1965. The horrifying images of mitment to our great nation, there can be no Board of Trustees in May. His valuable con- Bloody Sunday, as it would become known, doubt. To Lt Col Loftis’ loving wife Holly and tributions to education and the Denton com- were captured on film and broadcast around his two precious daughters, Alison and munity have been unparalleled and his depar- the world—ultimately helping to galvanize na- Camille, my wife Vicki joins me in offering our ture will leave an outstanding legacy of serv- tional support for civil rights. most sincere condolences. We have heard ice. I am pleased to recognize Dr. Curtis Undeterred, the marchers returned twice many times and know in our hearts the truth Ramsey and am privileged to represent Den- more, walking the streets and highways of that Freedom often demands of us a heavy ton ISD in the U.S. House of Representatives. Alabama in an unflinching show of support for and at times unbearable price. Your husband f equality. Among them were Dr. Martin Luther and father was a living example of the Air- King, Jr., Ralph Abernathy, and our colleague man’s Creed, ‘‘I am an American Airman, A TRIBUTE TO NATIONAL PEACE Congressman JOHN LEWIS. I had the great guardian of freedom and justice, my nation’s CORPS WEEK honor last year of marking this important civil sword and shield, its sentry and avenger. I de- rights moment by traveling to Selma with Con- fend my Country with my life.’’ He was a brave HON. EDOLPHUS TOWNS gressman LEWIS and participating in a reen- man and paid the ultimate price in defense of OF NEW YORK actment of this march. It was, without ques- our nation’s freedom. For that and for every- IN THE HOUSE OF REPRESENTATIVES tion, one of the most extraordinary moments thing he stood for, we owe you our eternal of my life. Monday, March 5, 2012 gratitude. I would also like to take a moment to recog- Mr. Speaker, on behalf of a grateful United Mr. TOWNS. Mr. Speaker, I rise today in nize the extraordinary achievement of my col- States Congress, I stand here today to honor support of National Peace Corps Week, in league, Congresswoman TERRI SEWELL, a Lt Col John Darin Loftis, his service and sac- honor of the 51st Anniversary of the Peace member of this year’s freshman class, who rifice, and all of the heroes we have lost. May Corps on March 1, 2012. grew up in and now represents Selma, Ala- God continue to bless the Loftis family and Since the inception of the Peace Corps in bama. Congresswoman SEWELL was born in friends, the AFSOC community, and the 1961, more than 200,000 Peace Corps Volun- Alabama the same year as the Selma United States Armed Forces. teers have served their country in 139 devel- marches, and as the first African-American f oping nations around the globe. They range woman elected to Congress from Alabama from recent college graduates to retirees with and a Rhodes Scholar, I believe that her suc- DIRECTING OFFICE OF HISTORIAN several decades of work experience, and rep- cess is a testament to the lasting legacy of the TO COMPILE ORAL HISTORIES resent the tremendous diversity of the Amer- brave men and women who risked their lives FROM MEMBERS INVOLVED IN ican people. The issues they address cover for equality almost a half century ago. ALABAMA CIVIL RIGHTS agriculture, business development, information I join my colleagues in saluting the heroes MARCHES technology, education, health and HIV/AIDS, of Selma, Alabama today. SPEECH OF youth development, and the environment. f The work of Peace Corps Volunteers HON. MARCIA L. FUDGE HONORING THE SERVICE AND SAC- around the globe exemplifies a legacy of serv- OF OHIO RIFICE OF LT COL JOHN DARIN ice that has become a significant part of IN THE HOUSE OF REPRESENTATIVES America’s history and positive image abroad. LOFTIS, USAF Their desire to make a difference has im- Thursday, March 1, 2012 proved the lives of millions of people around HON. JEFF MILLER Ms. FUDGE. Mr. Speaker, forty-seven years the world as well as here in the United States. OF FLORIDA ago, 600 civil rights protesters en route from Their enduring efforts for the cause of peace IN THE HOUSE OF REPRESENTATIVES Selma to Montgomery were stopped at the are commendable and have made a lasting Edmund Pettus Bridge where state and local impact on the communities in which they have Monday, March 5, 2012 policemen attacked them with billy clubs and lived and worked. Mr. MILLER of Florida. Mr. Speaker, it is tear gas, driving them back to Selma. I was Four individuals from my Congressional Dis- with deep sympathy and solemn gratitude that honored to vote for a resolution on March 1, trict in Brooklyn are presently serving as I rise to pay tribute to a fallen American hero. 2012, calling on Congress to collect oral his- Peace Corps volunteers. Melinda Blaise has Air Force Lieutenant Colonel John Darin tories from current and former members of the been serving in the Eastern Caribbean since Loftis, of Paducah, Kentucky, was killed on House who lived through that chilling day

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K05MR8.003 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 5, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E309 known as Bloody Sunday. We must not forget efforts. His vision to revive otherwise decrepit HONORING LONG-TIME MONTEREY the courage of my esteemed colleague, Con- areas across Dallas will benefit countless peo- PARK RESIDENT AND COMMU- gressman JOHN LEWIS, and others during the ple through expanded access to housing and NITY ACTIVIST: MRS. RUTH march from Selma to Montgomery, Alabama in improved quality of life. It is with great pleas- WILLNER March 1965. Non-violent marchers led by ure that I honor the work of Mr. Norman Henry LEWIS and Hosea Williams were brutally beat- for his contributions. en, opening the eyes of the Nation to the HON. JUDY CHU struggle of African Americans to win the right f to vote. Let us resolve to protect the voting OF CALIFORNIA rights for which participants of that march suf- COMMEMORATION OF MARIA D. IN THE HOUSE OF REPRESENTATIVES fered such brutality, and honor them for their FERNANDES commitment to non-violence. They are an in- Monday, March 5, 2012 spiration for all Americans. Ms. CHU. Mr. Speaker, I rise today to rec- f HON. FRANK PALLONE, JR. ognize a great loss to our community, Mrs. PERSONAL EXPLANATION OF NEW JERSEY Ruth Willner, who passed away on February 28, 2012, after a lengthy and valiant battle IN THE HOUSE OF REPRESENTATIVES HON. ADAM SMITH with cancer. My heart goes out to her two chil- Monday, March 5, 2012 dren, Paul and Julia; her granddaughter, Eryn; OF WASHINGTON and her many friends and family members. IN THE HOUSE OF REPRESENTATIVES Mr. PALLONE. Mr. Speaker, I rise today to Ruth was an extraordinary citizen, an advo- Monday, March 5, 2012 commemorate the life and legacy of Maria D. cate for her community, and a good friend and Fernandes of Sea Bright, New Jersey. Mayor Mr. SMITH of Washington. Mr. Speaker, on loyal supporter. I first got to know Ruth’s Fernandes served the constituents of Sea strength and passion in the 1980s, when she Monday, February 27, 2012, I was unable to Bright for 16 years and retired in January be present for recorded votes. Had I been was the Chairperson of the Committee for 2012. She passed away on Sunday, February Harmony in Monterey Park, which was formed present, I would have voted ‘‘yes’’ on rollcall 26, 2012 at the age of 59. Throughout her il- to defeat a proposed English-only and anti-im- vote No. 73 (on the motion to concur in the lustrious career, the Mayor continued to pre- migrant ordinance in our hometown. Thanks to Senate amendment to H.R. 347). serve and enhance the quality of life for Sea Ruth’s tireless efforts we succeeded in defeat- f Bright residents. Her service is truly worthy of ing that ordinance. this body’s recognition. HONORING NORMAN L. HENRY A native of East Los Angeles, Ruth attended Maria Fernandes served as Sea Bright Bor- Roosevelt High School and earned degrees ough Mayor from 2008 until 2011. She was from Los Angeles Community College and TIC HON. EDDIE BERNICE JOHNSON proud to be the first Portuguese-American fe- Berkeley. A widower, she was married to her OF TEXAS male Mayor in the state of New Jersey and husband Irv for 56 years and lived in Monterey IN THE HOUSE OF REPRESENTATIVES the third in the United States. Before becom- Park for 52 years. Monday, March 5, 2012 ing Mayor, Ms. Fernandes was elected to the Sea Bright Borough Council in 1997 and Ruth truly loved her community. She was in- Ms. EDDIE BERNICE JOHNSON of Texas. served in this capacity through 2007. She was volved in too many community groups, com- Mr. Speaker, I rise today to honor the work of appointed Sea Bright Council President from missions and organizations to name here, in- Mr. Norman L. Henry, President and Executive 2003 through 2005 and was an active partici- cluding the city’s Blue Ribbon Budget Com- Director of Builders of Hope CDC. Builders of pant and member of the Sea Bright Planning mittee, the School District Formation Com- Hope CDC is a Community Housing Develop- and Zoning Board from 1996 through 2011. As mittee, Friends of the Library, Concerned Citi- ment Corporation in Dallas that has dem- a member of the Borough Council, she imple- zens, and the anti-casino and anti-billboard onstrated its commitment to revitalizing com- mented a program to add the North and South committees, to name a few. munities through the construction of energy-ef- Beach areas to the monthly street cleaning As a 35-year member of the Pasadena ficient, environmentally-friendly homes that are schedule. Sea Bright now has regularly sched- League of Women Voters, Ruth played an in- also accessible to low and moderate-income uled street cleaning services once a month as tegral role in educating and informing our local families. a result of Mayor Fernandes’ initiatives. Her electorate. As program chair she shed light on Under Mr. Henry’s leadership, Builders of leadership abilities also led to her appointment issues as varied as NAFTA, Environmental Hope CDC has led the way in quality afford- as Chair of the Sea Bright Public Works Com- Justice, Immigration and Welfare Reform, and able housing in the Dallas area. Since accept- mittee in which she assisted in consolidating as a member of the Speakers’ Bureau for 25 ing the position as President in 2000, Mr. services and improving the accessibility and years she presented pro and con forums on Henry has overseen a fourfold increase in the cleanliness of the local beaches. As Public countless ballot issues and moderated scores output of affordable homes across several Works Committee Chair, she also managed of candidate forums. neighborhoods throughout West and South the Sea Bright Downtown Infrastructure Im- Dallas. Utilizing over 21 years of experience in provement Project (DIIP), addressing the A true believer in the political process, Ruth the non-profit management and affordable flooding in downtown Sea Bright. Other was a member of the Monterey Park Demo- housing field, Mr. Henry has built, remodeled, projects during Mayor Fernandes’ tenure on cratic Club since 1967, where she served as and sold over 224 affordable homes. the Borough Council have included the imple- past president and ran the club’s newsletter With the housing market collapse in 2008, mentation of the free parking system and the for 20 years. She also was an elected mem- countless Americans have either lost their negotiation of multiple shared services con- ber of the L.A. County Democratic Party for 12 homes entirely or now find the value of their tracts with neighboring towns. years and served as corresponding secretary homes to be less than the amounts they owe for the party. on a mortgage. Norman Henry, through the Mayor Fernandes is predeceased by her work that he has done with Builders of Hope Father Ernest Fernandes and her Maternal She was a tireless campaigner, walking pre- CDC, has contributed to keeping the American Grandmother, Jesuina Diaz. Surviving is her cincts and phone banking for George Brown Dream alive through the construction of these Mother, Adelina Fernandes of Sea Bright. for Assembly, serving as the San Gabriel Val- homes. Quality and affordable housing should Mr. Speaker, Mayor Maria Fernandes dedi- ley Coordinator to End the War in Vietnam, not be out of reach for any American with the cated her life to serving the people and the and volunteering for Hubert Humphrey and desire to purchase a home, and Mr. Henry town of Sea Bright New Jersey. Her actions George McGovern, among many others. has helped to bring the pride of home owner- touched the hearts and minds of countless I urge my House colleagues to join me in ship to even more Americans. men, women and children throughout Sea honoring Mrs. Ruth Willner for her record of Mr. Speaker, Norman Henry has helped to Bright and Monmouth County. Her legacy has civic activism, her indomitable spirit and her breathe new life into many West and South served as an inspiration to us all and she will remarkable service and contributions to her Dallas communities through his revitalization truly be missed. community and to our nation.

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.001 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E310 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2012 HONORING CLARA SIMS ‘‘Father of the American Cavalry,’’ often using Medical Center in Jerusalem that bears her his own finances to provide his forces with the name. Her gift is ensuring that Israeli women HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. finest equipment when allocations from Con- can benefit from the best diagnostics, treat- OF GEORGIA gress were limited. ment and research possible. IN THE HOUSE OF REPRESENTATIVES He valiantly gave his life in 1779, fighting for Mr. Speaker, I ask that you join with me the freedom he so believed in, and has been today to honor Mrs. Marlene Greenebaum. Monday, March 5, 2012 remembered since that day by both Americans Her dedication to quality healthcare for all Mr. JOHNSON of Georgia. Mr. Speaker, I and Poles for his dedication to liberty and jus- people is an inspiration. Her strength and submit the following Proclamation. tice for all. courage now give hope to countless other Whereas, one hundred years ago a virtuous My recent trip to Poland reminded me how women. It is with great admiration and appre- woman of God, Clara Bryant was born in Ox- important it is for the United States and Po- ciation that I congratulate Mrs. Geenebaum on ford, Georgia on March 1, 1912 to Charlie and land to continue nurturing and celebrating our her well-deserved recognition and wish her Lula Bryant; and long-standing relationship as friends and al- many more years of good health and happi- Whereas, she was raised up in Rockdale lies. ness. County, Georgia and she married Mr. J.C To this end, I will continue pushing for Po- f Sims and she has one daughter, Ms. Lula P. land’s inclusion in the Visa Waiver Program. Goodson, three grandchildren, ten great- I hope that by making it easier for Polish CELEBRATING THE LIFE OF RAUL grandchildren and twelve great-great grand- citizens to visit their loved ones here in Amer- SOLIS children; and ica, even more Polish families in my district Whereas, this phenomenal Proverbs 31 will be able to celebrate next year’s Casimir HON. LYNN C. WOOLSEY woman has shared her time and talents as a Pulaski Day together. OF CALIFORNIA Wife, Mother and Motivator, becoming a Geor- f IN THE HOUSE OF REPRESENTATIVES gia citizen of great worth, a fearless leader and a servant to all by always advancing the HONORING MARLENE Monday, March 5, 2012 lives of others; and GREENEBAUM Ms. WOOLSEY. Mr. Speaker, I rise today to Whereas, Ms. Sims has been blessed with celebrate the life of a man who truly embodied a long, happy life, devoted to God and credits HON. C.A. DUTCH RUPPERSBERGER the American Dream, who came here with it all to the Will of God; and OF MARYLAND nothing and built something, whose ethic of Whereas, Ms. Sims along with her family IN THE HOUSE OF REPRESENTATIVES sacrifice and responsibility represents a life to and friends are celebrating this day a remark- be emulated. able milestone, her 100th Birthday, we pause Monday, March 5, 2012 Raul Solis of La Puente, California died last to acknowledge a woman who is a corner- Mr. RUPPERSBERGER. Mr. Speaker, I rise Wednesday at the age of 88. He was born on stone in Decatur, DeKalb County, Georgia; before you today to recognize Mrs. Marlene February 27, 1924 in Tucson, Arizona, but he and Greenebaum, who will be honored at the Cen- spent most of his youth in Veracruz, Mexico. Whereas, the U.S. Representative of the tennial Celebration of Hadassah for her many He returned to the United States as a teen- Fourth District of Georgia has set aside this contributions to medical, communal and Jew- ager, as a part of the Bracero program to ad- day to honor and recognize Ms. Sims on her ish causes in Baltimore and beyond American dress labor shortages caused by World War II. birthday and to wish her well and recognize borders. Mr. Solis worked in both the fields and the her for an exemplary life which is an inspira- Mrs. Greenebaum is one of Baltimore’s factory—as a farmworker, on the railroads, in tion to all; most well-known and well-respected philan- a battery recycling plant and eventually as a Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- thropic leaders. Her civic endeavors include Teamster shop steward. He was a proud SON, Jr. do hereby proclaim March 1, 2012 as serving as president of the Oheb Shalom Sis- union man. He eventually settled in southern Ms. Clara Sims Day in the 4th Congressional terhood as well as president of Miriam Lodge. California, where he met Juana in an Amer- District of Georgia. In addition, since her diagnosis with breast ican citizenship class. She survives him after Proclaimed, this 1st day of March, 2012. cancer more than 20 years ago, Mrs. 58 years of marriage. Together, they had f Greenebaum has dedicated each and every seven children—Irma, Raul Jr., Hilda (our HONORING GENERAL CASIMIR day to helping treat and research life-threat- former House colleague and current U.S. Sec- PULASKI DAY ening disease so that others can enjoy the gift retary of Labor), Victor, Beatriz, Anna and of good health. Leticia. Their family would grow to include 10 In 1994, Mrs. Greenebaum and her hus- grandchildren and 15 great-grandchildren. HON. MIKE QUIGLEY band, Stewart, created a scholarship program The Solises lived modestly but happily. OF ILLINOIS for University of Maryland School of Medicine Their riches came in the form of love, family IN THE HOUSE OF REPRESENTATIVES students who are residents of Maryland. They and faith; humility, self-respect and hard work. Monday, March 5, 2012 are also the founding donors of the Children’s Raul Solis cared about politics, the law and Mr. QUIGLEY. Mr. Speaker, today, Chicago House at Johns Hopkins, helping to build an social justice. He was a Teamsters shop stew- remembers the great Polish General Casimir 18-bedroom facility that provides lodging for ard at a battery recycling plant. Secretary Pulaski in annual celebrations surrounding families of children being treated for life-threat- Solis tells of her father coming home from General Casimir Pulaski Day. ening illnesses. The couple was recently rec- work and pulling scraps of paper with Spanish Chicago is home to one of the largest popu- ognized for donating more than $1 million to writing out of his pocket. He wanted her to lations of Poles in the world outside of War- the American Cancer Society since 2007. translate these notes from his co-workers, out- saw, so today marks a special day for many Mrs. Greenebaum has served on the Uni- lining concerns about safety conditions at the of my constituents who observe this holiday versity of Maryland Medical System’s Cancer plant. And now his firsthand experience in- and remember General Pulaski’s enduring and Center Board of Advisors since its inception in forms the wisdom and the decision-making of lasting contributions to our nation. 1993. Along with her husband, she donated his daughter, as she meets her mandate to Born in Poland in 1745, Pulaski joined the $10 million to the School of Medicine, the larg- improve the lives of workers around the coun- fight for Polish liberation from Russian influ- est private contribution in its history. In rec- try. ences and later fought for American independ- ognition, the couple is the namesake of the Mr. Solis was also an outdoorsman who ence from Britain. University of Maryland Marlene and Stewart passed along to his children important lessons After meeting Pulaski in France, Benjamin Greenebaum Cancer Center, where new life- about the beauty of the natural world and the Franklin wrote to George Washington that Pu- saving drugs and groundbreaking clinical trials imperative of environmental justice. Secretary laski was ‘‘an officer renowned throughout Eu- have attracted national and international rec- Solis’ career and priorities in public service rope for the courage and bravery he displayed ognition. In fact, its lab and clinical research have been driven by the experience of living in defense of his country’s freedom.’’ facility are ranked among the Nation’s top 25 around polluted landfills while nearby affluent Arriving in America in 1777, Pulaski assisted cancer centers by U.S. News and World Re- communities experienced little environmental Washington’s Continental Army in the Revolu- port. degradation. tionary War, at the behest of Franklin. Mrs. Greenebaum was also the driving force It was my pleasure to meet this extraor- Pulaski distinguished himself as a gifted behind the creation of the Multidisciplinary dinary man and to see the quiet strength of military tactician and became known as the Breast Center at the Hadassah University his character. Raul Solis, laid to rest today,

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.006 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 5, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E311 leaves behind an impressive legacy of honesty residents. His contributions to California’s OUR UNCONSCIONABLE NATIONAL and dignity. Please join me in extending my heartland and our nation truly reflect the best DEBT condolences to his entire family. of what America has to offer. f Mr. Speaker, I ask my colleagues to join me HON. MIKE COFFMAN RECOGNIZING THE OUTSTANDING in recognizing Stewart A. Resnick for his im- OF COLORADO SERVICE OF MR. STEWART A. pressive business acumen and his deep com- IN THE HOUSE OF REPRESENTATIVES RESNICK mitment to improving the San Joaquin Valley. Monday, March 5, 2012 His pioneering work and dedication to making Mr. COFFMAN of Colorado. Mr. Speaker, meaningful contributions to the Central Valley HON. JIM COSTA on January 20, 2009, the day President make him a role model and source of pride for OF CALIFORNIA Obama took office, the national debt was all Americans. IN THE HOUSE OF REPRESENTATIVES $10,626,877,048,913.08. Monday, March 5, 2012 Today, it is $15,489,873,651,597.46. We’ve f added $4,862,996,602,684.38 to our debt in 3 Mr. COSTA. Mr. Speaker, I rise today to years. This is debt our nation, our economy, recognize Mr. Stewart A. Resnick as he is TRIBUTE TO ALFRED ‘‘AL’’ CORNETT and our children could have avoided with a honored by the Ag One Foundation at Cali- balanced budget amendment. fornia State University, Fresno. Hosted by the f Jordan College of Agricultural Sciences and Technology at Fresno State, the Ag One HON. HAROLD ROGERS HONORING THE GIRL SCOUTS OF Foundation was established in 1979 to ‘‘ben- OF KENTUCKY NORTHERN NEW JERSEY ON efit, promote, and support the college and its THEIR 100TH ANNIVERSARY programs.’’ The Ag One Foundation hosts an IN THE HOUSE OF REPRESENTATIVES annual Community Salute where distinguished Monday, March 5, 2012 HON. STEVEN R. ROTHMAN individuals are recognized for their commit- OF NEW JERSEY ment to the success of Fresno State students Mr. ROGERS of Kentucky. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES and California agriculture. This year, the Ag rise today to pay tribute to a true Kentucky Ar- Monday, March 5, 2012 One Foundation is recognizing Mr. Resnick, tisan, small businessman, veteran, teacher, not only for his impressive business ventures, and community leader, Alfred Cornett, for his Mr. ROTHMAN of New Jersey. Mr. Speaker, but also for his admirable commitment to the many years of service and dedication to the I rise today to congratulate the Girl Scouts of growth of California’s San Joaquin Valley and Harlan County community. Northern New Jersey on 100 years of devel- innovative agricultural practices. oping girls of courage, confidence, and char- As a native son of the Commonwealth and Mr. Resnick grew up in New Jersey and acter. Since its founding in 1912, the Girl a World War II veteran, Alfred has been a val- headed to California with his family in the Scouts of Northern New Jersey have both uable member and admired citizen of the 1950s. Mr. Resnick holds a Bachelor of served our community and molded the next Cumberland, Kentucky community for many Science degree in business administration, as generation of women leaders. I join with the years. Upon his high school graduation, Alfred well as a law degree from the University of Girl Scouts in recognizing their Centennial honorably served his country as a member of California, Los Angeles (UCLA). While a stu- Celebration—Women of Achievement hon- the United States Army, where he rose to the dent, Mr. Resnick demonstrated his entrepre- orees. These women are exceptional within rank of sergeant and was a member of the neurial spirit by starting his first business, a their professional field and community service famed ‘‘Phantom Army.’’ His unit was involved janitorial services company. Since then, he to our communities. in several key battles that were crucial to the and his wife Lynda have worked tirelessly to Lourdes Cortez, President and CEO of success of the Allied Forces, including the cultivate a number of thriving companies. North Jersey Federal Credit Union, is the first Battle of Britain and the Battle of the Bulge. Mr. Resnick and his wife own and manage Hispanic woman to be President of a Federal Roll International and its companies, including: Upon his return from the war, Alfred began Credit Union in New Jersey. Tammie A. Teleflora, FIJI Water, POM Wonderful, Para- his career working for Chrysler and General Horsfield, President of the Sussex Chamber of mount Citrus, Paramount Farms and Farming, Motors in Dayton, Ohio while attending class- Commerce, is the first full time woman Presi- Suterra, JUSTIN Vineyards and Winery, and es at an industrial electrical school in Chicago. dent of the Sussex Chamber of Commerce. Landmark Vineyards. He is a longtime sup- Eventually Alfred moved to Harlan County, Norma Tempel, President of Etched In Stone porter of the arts, education, and health care. where he operated Cornett’s Home Supply Waterjet Fabrications, Inc., is the founding Mr. Resnick and his wife have been loyal ad- Company and Al’s Radio and TV for many member of the New Jersey chapter of Profes- vocates for California’s San Joaquin Valley. years. sional Women in Construction. Honorable Ca- They have been generous in their support of In his time living in Kentucky, Alfred has be- melia M. Valdes, Passaic County Prosecutor, Children’s Hospital Central California—in come well-known for his craftsmanship of ex- is the first Latina county prosecutor in the 2006, Paramount Farms made a gift of $4 mil- quisite Appalachian dulcimers. Using wood na- State of New Jersey, the first woman pros- lion to the hospital. In addition, they founded tive to the Appalachian region, Alfred has ecutor in Passaic County, and the first lead the Paramount Bard Academy, in the southern fashioned over 1,000 stringed instruments, prosecutor of Dominican ancestry in the San Joaquin Valley city of Delano. The school highly sought after by musicians and collectors United States. Toni Zimmer, President of the opened its doors in August 2009 and serves throughout the country. As the head craftsman League of Women Voters of New Jersey, is students in grades 6–12. at Southeast Community and Technical Col- the first African American woman to run for Further demonstrating their commitment to lege, he has generously shared his extraor- state assembly in Sussex County in Northwest education, the children of their employees are dinary talents with the community through New Jersey. She was also elected the first Af- afforded scholarship opportunities to support teaching numerous dulcimer-making classes rican American President of the League of their scholastic endeavors and encourage aca- and inspiring a new generation of craftsmen. Women Voters in New Jersey. Finally, the late demic excellence. The program has awarded Mrs. Frederick Frelinghuysen will be presented more than $2.2 million in scholarships to 450 Alfred is an active member of his commu- with the Mitzi Golbek Spirit of Girl Scouting students. In late 2011; Paramount Farms com- nity, and has devoted his time and talents to Award for her early patronage of the Girl pleted the renovation of a 7-acre park in Lost many charitable projects through his participa- Scouts in 1917. After a century of service to Hills, a small city in Kern County, California. tion in the Lion’s Club. He is also involved in Northern New Jersey, I join the Girl Scouts in Renovation of this park led to a revitalization his church, Cumberland Missionary Baptist honoring these outstanding leaders who are of community resolve and togetherness. Time Church, where he has been a member since paving the way for tomorrow’s women. and time again, Mr. and Mrs. Resnick have 1959. Alfred currently lives in Harlan County Mr. Speaker, today I would like to celebrate proven to be formidable allies for the commu- with his beloved wife of 56 years, Geneva. the Girl Scouts of Northern New Jersey’s nities in which there employees live and work. Mr. Speaker, I ask my colleagues to join me 100th anniversary and honor all of its volun- Mr. Resnick’s commitment to philanthropy is in honoring Alfred Cornett for dedicating years teers and participants for their role in keeping truly telling of his character—reliable, gen- of service to Harlan County and for sharing his this wonderful tradition going for so many erous, and compassionate. He has truly been extraordinary talents as a woodworker and years. I know I join with all of my constituents a champion for the San Joaquin Valley and its dulcimer craftsman. in wishing the Girl Scouts continued success

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.009 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E312 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2012 as they proudly serve the communities of aging a top ten U.S. energy producer. Addi- rolls in Selma—and millions more across the Northern New Jersey. tionally, WPX has received more than two United States in the decades since. f dozen national, State, local and industry So it is only right that we mark this anniver- awards for responsible energy development. sary today. I will be in Selma this weekend to IN MEMORIAM OF ANDREW Our economy is still going through hard help commemorate the brave men and women BREITBART times and our Nation faces an unemployment who took a stand against bigotry then, and am rate of more than 8 percent. Many industries especially proud to serve in this body today. HON. LAMAR SMITH and companies in our country have been f OF TEXAS downsizing and struggling for a variety of rea- HONORING THE MEMORY OF IN THE HOUSE OF REPRESENTATIVES sons. It is critical that we highlight successful companies that are growing and making con- WILLIAM EVANS Monday, March 5, 2012 tributions to our economy and energy security. Mr. SMITH of Texas. Mr. Speaker, last WPX is one of these success stories and I am HON. JERRY McNERNEY week we lost a true patriot for the conserv- proud that they chose to call Tulsa, Oklahoma OF CALIFORNIA ative cause, Andrew Breitbart. Mr. Breitbart home. IN THE HOUSE OF REPRESENTATIVES was a pioneer in conservative activist media f and dedicated much of his life to exposing Monday, March 5, 2012 media bias and keeping the media honest. DIRECTING OFFICE OF HISTORIAN Mr. MCNERNEY. Mr. Speaker, today I ask Mr. Breitbart started his own news aggrega- TO COMPILE ORAL HISTORIES my friends and colleagues to join me in hon- tion site, Breitbart.com, and five other FROM MEMBERS INVOLVED IN oring William Evans, who passed away on websites, including Big Journalism. ALABAMA CIVIL RIGHTS February 25, 2012 at the age of 75. In February 2010, Mr. Breitbart received the MARCHES Public service was an important part of Bill’s Reed Irvine Accuracy in Media Award. life. He served in the U.S. Air Force as a navi- Andrew Breitbart recently wrote a new con- SPEECH OF gator in B–47s and C–141s. In his service with clusion to his book, Righteous Indignation: HON. CAROLYN B. MALONEY Strategic Air Command, he stood guard I love my job. I love fighting for what I be- OF NEW YORK against the Soviet threat so his fellow Ameri- lieve in. I love having fun while doing it. I IN THE HOUSE OF REPRESENTATIVES cans could be secure. When assigned to the love reporting stories that the Complex re- Military Airlift Command, he flew regular mis- fuses to report. . . . Thursday, March 1, 2012 sions into Vietnam, delivering the supplies Three years ago, I was mostly a behind- Mrs. MALONEY. Mr. Speaker, I rise, with so necessary to support our troops and bringing the-scenes guy who linked to stuff on a very popular website. I always wondered what it many others today, to note the upcoming anni- home those who had fallen. Bill was a grad- would be like to enter the public realm to versary of the infamous ‘‘Bloody Sunday’’ on uate of the Air War College, received recogni- fight for what I believe in. I’ve lost friends, March 7, 1965—the civil rights march in tion for his contributions to the Skylab project, perhaps dozens. But I’ve gained hundreds, Selma, Alabama, where over 500 demonstra- and was awarded the Air Force Meritorious thousands—who knows?—of allies. At the tors were met with violence—billyclubs, tear Service Medal. end of the day, I can look at myself in the gas, and horses—by the local sheriff deputies In his civilian career, Bill continued his work mirror, and I sleep very well at night. and state troopers at the Edmund Pettus safeguarding America by bringing his technical He was a tireless patriot and will truly be Bridge. expertise to the guidance of our reconnais- missed by many. Speaking from this distance, 47 years later, sance satellites and interpreting the data they f it’s hard to imagine the day-to-day reality of sent back. After retirement, Bill served as a Selma, the seat of Dallas County, Alabama, volunteer English teacher in Poland and was RECOGNIZING WPX ENERGY where the 1960 census showed that the popu- a Eucharistic minister for his church. He even lation was 57% black, over 80% of them living learned to be a brakeman as a volunteer with HON. JOHN SULLIVAN in poverty. With 15,000 voting-age blacks in the Niles Canyon Railway. OF OKLAHOMA the County, only 130 were registered to vote. Bill was an active member of the Tri-Valley IN THE HOUSE OF REPRESENTATIVES Against that backdrop, civil rights orga- community who cared deeply about his fellow nizers—including our own beloved colleague Monday, March 5, 2012 citizens. He served his community and his fel- JOHN LEWIS—had been attempting to register low veterans as a member of the Veterans of Mr. SULLIVAN. Mr. Speaker, I rise to recog- more blacks to vote. Foreign Wars Post 6298 in Pleasanton, Cali- nize and congratulate a new independent ex- On July 2, 1964, President Lyndon Johnson fornia. ploration & production company in my Con- signed the Civil Rights act of 1964 declaring Bill was also a highly valued and respected gressional District that specializes in natural segregation illegal. member of my Air Force Academy nomination gas, oil and natural gas liquids from shale and On July 6, 1964, JOHN LEWIS led 50 black committee. Bill took a keen interest in helping other unconventional resources. residents to the Dallas County Courthouse— patriotic young people succeed in their aspira- WPX Energy, based in Tulsa, Oklahoma, on one of the two days per month that reg- tions to serve our nation. Bill was an excellent was launched on January 1, 2012. This new istration was allowed. The county sheriff ar- judge of character, and because of his efforts, multi-billion dollar company is headquartered rested those fifty people rather than allow the 11th District of California produced more in Tulsa, Oklahoma, with 1200 employees them to register. than its share of Air Force Academy cadets. around the country: Colorado, Wyoming, New And on July 9, 1964, a local judge issued Bill had a tremendous intellect and exem- Mexico, Texas, North Dakota, and Pennsyl- an injunction which forbid any gathering of plary character. He was a gentleman in the vania. This is a new venture that will produce three or more people under the sponsorship of truest sense of the word. He will be dearly U.S.-based fuels and U.S.-based jobs. civil rights organizations, and made it illegal to missed by his friends and by the members our I know many of their employees personally. even talk to more than two people at a time community. I ask you to join me in honoring They are enthusiastic to get started and proud about civil rights or voter registration in Selma. his life and his service to our great nation. to work in the U.S. oil & gas industry, a very On January 2, 1965, the Rev. Dr. Martin Lu- f competitive and technologically-advanced sec- ther King defied that injunction, speaking to a tor of our economy. Although the company is mass meeting in the Brown Chapel, launching HONORING NANCY KAY JUDKINS only weeks old, they have decades of experi- the Selma Voting Rights Movement. ence leading a top-ten U.S. producer of nat- Mr. Speaker, the Selma Marches—‘‘Bloody HON. CORY GARDNER ural gas. Previously, WPX Energy was a whol- Sunday’’ was the first of three—shifted Amer- OF COLORADO ly owned subsidiary of Williams, the renowned ican public opinion on the Civil Rights Move- IN THE HOUSE OF REPRESENTATIVES pipeline company. With the growing success ment. of its exploration & production, WPX spun-off President Johnson presented what would Monday, March 5, 2012 to become a separate, stand-alone company become the Voting Rights Act in this chamber Mr. GARDNER. Mr. Speaker, Nancy Kay at the end of 2011. in March, 1965, speaking to a Joint Session of Judkins was born in Amarillo, Texas, to Like many new companies, the WPX man- Congress. And after the Voting Rights Act was Burnell Campbell and James Roy Judkins on agement team is energetic and innovative, but passed and signed into law that August, more October 18, 1946. When she was four, her they are also seasoned by decades of man- than 7,000 blacks were added to the voter sister Peggy arrived, and there began a

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.013 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 5, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E313 sweet, abiding, lifelong bond. Then, only 8 IN RECOGNITION OF THE 65TH The Rev. William Warwick, a Philadelphia years into her childhood, she contracted polio. WEDDING ANNIVERSARY OF native, was the first African-American pastor at At this early age, an inner strength and for- DOUGLAS AND KATIE JO First Baptist, leading the flock from 1867 to titude arose in her which was to define Nancy MEDDERS 1874 and establishing the Miles School, throughout her life. whose students were later absorbed into the public schools. The seventh pastor was Dr. Throughout her upbringing, Nancy was an HON. MIKE ROGERS Oscar S. Bullock, who, through the purchase honor student and was recognized for aca- OF ALABAMA of a bus in 1925, pioneered a program of demic excellence. She earned her Bachelor’s IN THE HOUSE OF REPRESENTATIVES church-provided transportation to ensure chil- Degree in Medical Technology at North Texas Monday, March 5, 2012 dren and adults could attend Sunday school. State University and went on to work at Baylor Mr. ROGERS of Alabama. Mr. Speaker, I Dr. Charles Ward led the church for a long pe- Hospital and Dallas/Fort Worth Medical Center would like to pay tribute to a very special oc- riod in the mid-20th century, from 1959 for many years before moving to Salt Lake casion today—the 65th wedding anniversary through 1988. He was a prominent leader in City where she worked for Asarco as a Lab- of Douglas and Katie Jo Medders. This event the NAACP and oversaw the construction of a oratory Supervisor. Almost four years ago, she will take place on March 15th, but family and housing development for low-income members and Peggy moved to Colorado to be closer to friends are celebrating the event on March 17, of the community. He was nearing the end of family living there. 2012. his ministry when I first ran for Congress in Among many of Nancy’s passions were the Douglas and Katie Jo were married in An- 1986, and I will always be grateful for his arts—especially the theater. She worked back- niston in 1947 and had three children, Doug- counsel and encouragement. stage for many theatrical productions and las Wayne, Danny and Pamela. The Medders In addition to Dr. Ward, I’ve been honored loved musical theater above all else. Some of have lived in Anniston all their lives. to work with several of First Baptist’s other her favorite shows included ‘‘The Fantasticks,’’ Although now retired, Douglas worked at pastors during my time representing the Tri- ‘‘Brigadoon,’’ ‘‘Annie Get Your Gun,’’ ‘‘Show- Lee Brass for 43 years retiring in 1990 and angle. The Rev. Nathaniel O. Boykin and Dr. boat,’’ ‘‘Kiss Me Kate,’’ and ‘‘Yankee Doodle Katie Jo owned KaPam Beauty Shop for 28 Isaac B. Horton led the church in interim ca- Dandy.’’ She collected a variety of music in- years until her retirement. They are the proud pacities after the death of Dr. Ward in 1988. cluding classical, ragtime, show tunes, and grandparents of eight grandchildren and ten Since 1996, Dr. Dumas Alexander Harshaw, jazz, and learned to play the piano herself as great-grandchildren. Jr. has led the church into a new era with his a young adult. I salute this lovely couple on the 65th year powerful preaching and teaching and a strong of their life together and join their friends and record of service to the broader community. Her love of words was reflected in her large Under Dr. Harshaw’s guidance, the church book collection—from Austen to Whitman, family in honoring them on this special occa- sion. has added an early Sunday service, pur- Shakespeare to Safire, Twain to Thurber. She f chased additional property and built an adja- delighted in the Harry Potter stories, as well cent Family Life Center. Giving by the approxi- as stories of murder and intrigue. There was 200TH ANNIVERSARY OF RA- mately 800 members recently surpassed the hardly a time in Nancy’s life when she was LEIGH’S FIRST BAPTIST CHURCH $1 million mark. From daycare and after- without a feline friend or two, and she adored school programs to weekly meals for the her sweet Maggie dog. She had a fascination HON. DAVID E. PRICE homeless, job workshops for the unemployed, with Germany; and after studying the lan- OF NORTH CAROLINA and substance abuse counseling, First Baptist guage, she traveled there several times. Italy, IN THE HOUSE OF REPRESENTATIVES continues to strengthen the community. London, and a cruise to the Caribbean were This week the successor congregations of also on her list of travels. Monday, March 5, 2012 Raleigh Baptist Church will celebrate their bi- Her love and connection to her family were Mr. PRICE of North Carolina. Mr. Speaker, centennial with a joint party at the place of never so strong as when she began an inter- I rise today to honor Raleigh’s First Baptist their birth, the State Capitol. While they re- est in genealogy and became the family histo- Church on the occasion of its bicentennial main distinct these churches share the honor rian. She spent countless hours tracing the celebration. of being the first religious community of any family’s ancestors’ lives and traveled to many First Baptist is a pillar of the Raleigh com- denomination in Raleigh. of the places they lived and died. munity, with a history of prophetic witness and Mr. Speaker, the two hundredth anniversary community service. For 200 years, it has been of the founding of Raleigh Baptist Church and Nancy loved red hats, anything chocolate, a spiritual home to successive generations in the continued witness of these congregations irises in the spring, puzzles, popcorn, and the Raleigh and beyond, a place of learning and merits recognition by this body. In particular, I color purple. She loved Chaplin, Egyptology, teaching, a place of faith and sustenance, and look forward to celebrating this milestone on Monet and O’Keefe. She loved so much and a place of commitment to a just society. Saturday night with Dr. Harshaw and his flock, so many and was so loved in return. Her The church was founded in 1812 by a con- to whom I will bring the good wishes of my gentle strength and quiet courage inspired so gregation of 23 members—14 black and 9 colleagues. many. She lived a difficult and challenging life white—who had come to the State Capitol to f with grace and dignity. hear Rev. Robert Daniel. At that time, the city HONORING HONOR FLIGHT We honor her today for all the gifts she of Raleigh had about 1,000 residents but not CHICAGO gave and all the wonderful ways she ex- a single church building. The new congrega- pressed her beautiful soul. tion was dubbed Raleigh Baptist Church. At first, members met at the State Capitol, but HON. MIKE QUIGLEY Nancy passed on January 28, 2012, in Fort OF ILLINOIS Collins, Colorado. church facilities were soon built, and, for the next 56 years, Raleigh Baptist Church was a IN THE HOUSE OF REPRESENTATIVES Monday, March 5, 2012 f unique multiracial assembly that reached more than 400 members. Mr. QUIGLEY. Mr. Speaker, I rise today to PERSONAL EXPLANATION Following the Civil War, the church’s black recognize Honor Flight Chicago’s commitment membership, about half the congregation at to serving our nation’s World War II veterans. the time, asked for and received permission to Honor Flight Chicago began in 2008 when HON. BOB GOODLATTE establish a new congregation, which was ini- Mary Pettinato, Jeanmarie Kapp, Nancy Kapp, tially organized as First Colored Baptist and Suzanne Stanits decided to make an im- OF VIRGINIA Church. It was under these auspices that the portant difference in the lives of World War II IN THE HOUSE OF REPRESENTATIVES church settled in its current location on South veterans. While our country has honored the Wilmington Street, completing the church sacrifices of our veterans by building memo- Monday, March 5, 2012 building early in the 20th century and ulti- rials in Washington, D.C., many of these vet- mately becoming First Baptist. The remaining erans are not able to make the trip to see the Mr. GOODLATTE. Mr. Speaker, on rollcall members of Raleigh Baptist Church retained monuments dedicated to their service. Nos. 92, 93, 94, I was unavoidably detained. the sanctuary on South Salisbury Street, just These four extraordinary women seized the Had I been present, I would have voted a few blocks away, and also became known opportunity to expand the Honor Flight Net- ‘‘aye.’’ as First Baptist. work’s national mission to the Chicago area.

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.018 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E314 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2012 Along with hundreds of volunteers, Honor served as Chairman. In addition to his involve- Janet Cleghorn. Jan passed away on Thurs- Flight Chicago recognizes World War II Vet- ment with the Amerigo Vespucci Society, Mr. day, February 16, 2012. Jan was a devoted erans with a day of gratitude, remembrance, Ferragina is a National Council Member of the wife, mother, grandmother, and great-grand- and celebration. Because of their tireless dedi- National Italian American Foundation and mother and she will be deeply missed. cation, veterans throughout northeast Illinois member of the National Order Sons of Italy in Jan was born July 20, 1936 in Los Angeles, and northwest Indiana travel cost-free to see America, William Marconi Italian Society, and California. She was the daughter of Howard B. these memorials in Washington and return to the Garibaldi-Meucci Museum. Mr. Ferragina Everett and Florence Mae Hunt. On February a boisterous and heartwarming Chicago also volunteers his time each summer with the 3, 1956, Jan married her high school sweet- homecoming with family and friends that you Ray Licata Memorial Swim hosted annually in heart John Cleghorn. John would later serve have to see to believe. Long Branch. He is also involved with the or- as Corona’s Chief of Police. Jan cherished her As our nation loses approximately 900 ganization of the Long Branch Columbus Day role as wife, mother and homemaker for 56 World War II veterans every day, Honor Flight Parade. years. works hard to ensure these heroes have an Mr. Speaker, once again, please join me in Jan loved family, friends, crafting, RV trav- opportunity to fulfill their dreams and receive congratulating Mr. Roberto Ferragina upon re- eling, decorating her home and more recently the thanks they deserve before it’s too late. ceiving the Amerigo Vespucci Society’s ‘‘Man ‘‘Facebook social networking.’’ She was a Since February 2008, Honor Flight Chicago of the Year’’ award and thanking him for his member of the Philanthropic Educational Or- has flown more than 2,000 veterans to their service to the Italian American community. ganization Chapter SI, Corona-Riverside U.S. Navy League, Corona Heritage Foundation war memorial at no cost to them. More than f 700 guardians and volunteers work day-in and (Museum Docent Heritage Park), Trilogy day-out to raise the funds necessary to ac- SACRAMENTO-SAN JOAQUIN RVers and Friday Night-Dinner Group. complish this mission and reach as many of VALLEY WATER RELIABILITY ACT Jan is survived by her husband, John the 25,000 World War II veterans living in the Cleghorn, father, Howard B. Everett, son, Chicago area as possible. SPEECH OF David Cleghorn, daughter, Nancy (Tim) Mr. Speaker, I ask my colleagues to join me O’Gorman, daughter, Karen (Roger, Sr.) HON. KEN CALVERT Minnick, grandchildren, Roger (Angela) in commending the work of Honor Flight Chi- OF CALIFORNIA cago and in honoring our nation’s veterans. Minnick, Jr., Elijah Minnick, Jonah Minnick, IN THE HOUSE OF REPRESENTATIVES Melissa O’Gorman, Joseph O’Gorman, great- f Wednesday, February 29, 2012 grandchildren, Berkleigh Minnick and Max RECOGNITION OF MR. ROBERTO Minnick. Memorial Services to celebrate Jan’s The House in Committee of the Whole FERRAGINA House on the state of the Union had under life were held at Trilogy Lodge Ballroom, consideration the bill (H.R. 1837) to address Tuesday, February 28, 2012. HON. FRANK PALLONE, JR. certain water-related concerns on the San Jan will always be remembered for her de- votion to family, caring nature and selfless giv- OF NEW JERSEY Joaquin River, and for other purposes: ing. Her dedication to those she loved is a tes- IN THE HOUSE OF REPRESENTATIVES Mr. CALVERT. Mr. Chair, as the author of the 2004’s Water Supply, Reliability and Envi- tament to a life lived well and a legacy that will Monday, March 5, 2012 ronmental Improvement Act, also known as continue. I extend my condolences to Jan’s Mr. PALLONE. Mr. Speaker, I rise today to CALFED, I strongly supported H.R. 1837, the family and friends; although Jan may be gone, congratulate Mr. Roberto Ferragina of Long Sacramento-San Joaquin Valley Water Reli- the light and goodness she brought to the Branch, New Jersey. Mr. Ferragina is the re- ability Act. This bill is an important step in pre- world remain and will never be forgotten. cipient of the 2012 Amerigo Vespucci Soci- venting onerous regulations from creating an- f ety’s ‘‘Man of the Year’’ Award and will be rec- other manmade drought like the one that dev- TRIBUTE TO FRANK EDWARD ognized for his unyielding community service. astated farms and families in California’s San EMERSON Mr. Ferragina is a valuable member of my Joaquin Valley in 2009 and 2010. As a result Congressional district and is deserving of this of this man-made drought, many farmers lost body’s recognition. their livelihoods and many communities saw HON. KEN CALVERT Roberto Ferragina was born in Long unemployment rates top 50 percent as jobs OF CALIFORNIA Branch, New Jersey to Salvatore and Barbara dried up with their water. IN THE HOUSE OF REPRESENTATIVES Maria Ferragina. Mr. Ferragina attended Red With California once again faced with record Monday, March 5, 2012 Bank Catholic High School and graduated with low precipitation this year, we cannot wait to Mr. CALVERT. Mr. Speaker, I rise today to a Bachelor of Arts Degree in History and a act. Among other things, H.R. 1837 would re- honor and pay tribute to a dear friend of mine, Minor in Political Science from Kean State store water deliveries to communities by codi- Frank Emerson. Frank passed away peace- College. He also completed a Master of Arts fying the Bay-Delta Accord and protects and fully at Corona Regional Medical Center on and Master of Administrative Science from secures private property and senior water Saturday, February 25, 2012 with his wife, Monmouth University and Fairleigh Dickinson rights. This bill will ensure communities will no Belvia and son, Bob at his side. Frank was a University, respectively. Mr. Ferragina is an longer have their water cut off and diverted pillar of the community in Corona, California accomplished athlete and was a member of due to heavy-handed environmental regulation and he will be deeply missed. the Cross Country and Track teams in High and litigation that attempts to place fish before As a young man, Frank attended the Uni- School and College. As a result of his superior farmers and families. versity of Redlands on a basketball scholar- performance, he was named Captain of the This bill protects over 30,000 jobs and ship and after college decided to join the Red Bank Catholic High School’s Men’s Cross strikes a common sense balance between en- Army. Frank then decided to go into the family Country Team and Indoor and Outdoor Track vironmental regulations and environmental re- business and ran Emerson’s Men’s Wear suc- Team. He remains an active runner in the alities to ensure that California’s Central Valley cessfully for many years. Frank took on a part- local community. Mr. Ferragina is currently will never again be plunged into man-made ner, long time employee Jim Pauly, to help employed as the Northeast Regional Sales drought. I commend my colleague Represent- with Emerson’s Men’s Wear. Frank was a suc- Manager for Mohawk, North America’s largest ative DEVIN NUNES of California for his leader- cessful businessman and dedicated commu- privately held premium substrate manufac- ship in crafting this important piece of legisla- nity servant. Frank served on many civic turer. He is happily married to his wife tion. groups through the years, including the Co- Marianne. f rona Planning Commission. His life was a tes- Mr. Ferragina developed a strong connec- tament to his family who had settled in Corona tion to his Italian heritage and culture at an TRIBUTE TO JANET E. CLEGHORN in the early 1900s. early age. As an active member of the Frank leaves behind his wife of 53 years Amerigo Vespucci Society, Mr. Ferragina was HON. KEN CALVERT Belvia, Daughter, Elizabeth Jenkins of Texas; elected to serve as the organization’s Presi- OF CALIFORNIA son, Robert ‘‘Bob’’ Emerson of Corona and dent. He also served as the Secretary of Ar- IN THE HOUSE OF REPRESENTATIVES their respective families. He was preceded in chives. Mr. Ferragina is dedicated to assisting death by his son Donald. He also has five with the organization of numerous events Monday, March 5, 2012 grandchildren and many other family and hosted by the Amerigo Vespucci Society, in- Mr. CALVERT. Mr. Speaker, I rise today to friends who will miss Frank’s big heart and cluding the Wine Tasting Gala, in which he honor and pay tribute to a dear friend of mine, quick smile.

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.022 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS March 5, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E315 On Friday, March 9, 2012, a memorial serv- Veterans’ Affairs Appropriations ice celebrating Frank’s extraordinary life will To hold joint hearings to examine a leg- Commerce, Justice, Science, and Related be held. Frank will always be remembered for islative presentation from the Veterans Agencies Subcommittee To examine proposed budget estimates his incredible work ethic, generosity, contribu- of Foreign Wars (VFW). SD–G50 for fiscal year 2013 for the Department tions to the community and love of family. His 10:30 a.m. of Justice. dedication to his work, family and community Appropriations SD–124 are a testament to a life lived well and a leg- Department of Defense Subcommittee Health, Education, Labor, and Pensions acy that will continue. I extend my condo- To hold hearings to examine proposed To hold hearings to examine the key to lences to Frank’s family and friends; although budget estimates for fiscal year 2013 for America’s global competitiveness, fo- Frank may be gone, the light and goodness the Department of the Navy. cusing on a quality education. he brought to the world remain and will never SD–192 SD–430 Appropriations be forgotten. 2 p.m. Aging Department of Homeland Security Sub- committee f To hold hearings to examine opportuni- ties for savings, focusing on removing To hold hearings to examine proposed obstacles for small business. budget estimates for fiscal year 2013 for SENATE COMMITTEE MEETINGS SD–562 the Department of Homeland Security. Title IV of Senate Resolution 4, 2:30 p.m. SD–192 agreed to by the Senate on February 4, Commerce, Science, and Transportation Judiciary 1977, calls for establishment of a sys- Oceans, Atmosphere, Fisheries, and Coast Business meeting to consider S. 1002, to Guard Subcommittee prohibit theft of medical products, and tem for a computerized schedule of all the nominations of Patty Shwartz, of meetings and hearings of Senate com- To hold hearings to examine the Presi- dent’s proposed budget request for fis- New Jersey, to be United States Cir- mittees, subcommittees, joint commit- cal year 2013 for the Coast Guard and cuit Judge for the Third Circuit, Jef- tees, and committees of conference. the National Oceanic and Atmospheric frey J. Helmick, to be United States This title requires all such committees Administration. District Judge for the Northern Dis- to notify the Office of the Senate Daily SR–253 trict of Ohio, Mary Geiger Lewis, to be Digest—designated by the Rules com- Energy and Natural Resources United States District Judge for the mittee—of the time, place, and purpose National Parks Subcommittee District of South Carolina, Timothy S. Hillman, to be United States District of the meetings, when scheduled, and To hold hearings to examine S. 29, to es- tablish the Sacramento-San Joaquin Judge for the District of Massachu- any cancellations or changes in the setts, and Thomas M. Harrigan, of New meetings as they occur. Delta National Heritage Area, S. 1150, to establish the Susquehanna Gateway York, to be Deputy Administrator of As an additional procedure along National Heritage Area in the State of Drug Enforcement, Department of Jus- tice. with the computerization of this infor- Pennsylvania, S. 1191, to direct the SD–226 mation, the Office of the Senate Daily Secretary of the Interior to carry out a Appropriations Digest will prepare this information for study regarding the suitability and fea- Transportation and Housing and Urban De- printing in the Extensions of Remarks sibility of establishing the Naugatuck velopment, and Related Agencies Sub- River Valley National Heritage Area in section of the CONGRESSIONAL RECORD committee Connecticut, S. 1198, to reauthorize the on Monday and Wednesday of each To hold hearings to examine an overview Essex National Heritage Area, S. 1215, week. of the Federal Housing Administration. to provide for the exchange of land lo- Meetings scheduled for Tuesday, SD–138 cated in the Lowell National Historical 2:15 p.m. March 6, 2012 may be found in the Daily Park, S. 1589, to extend the authoriza- Indian Affairs Digest of today’s RECORD. tion for the Coastal Heritage Trail in To hold hearings to examine the Presi- the State of New Jersey, S. 1708, to es- dent’s proposed budget request for fis- MEETINGS SCHEDULED tablish the John H. Chafee Blackstone cal year 2013 for Native Programs. MARCH 7 River Valley National Historical Park, SD–628 H.R. 1141, to authorize the Secretary of 9 a.m. 2:30 p.m. the Interior to study the suitability Homeland Security and Governmental Af- Armed Services and feasibility of designating pre- To hold hearings to examine the situa- fairs historic, historic, and limestone forest To hold hearings to examine the Presi- tion in Syria; with the possibility of a sites on Rota, Commonwealth of the closed session in SVC–217 following the dent’s proposed budget request for fis- Northern Mariana Islands, as a unit of cal year 2013 for the Department of open session. the National Park System, H.R. 2606, SD–106 Homeland Security. to authorize the Secretary of the Inte- 9:30 a.m. SD–342 rior to allow the construction and op- Agriculture, Nutrition, and Forestry Intelligence eration of natural gas pipeline facili- To hold hearings to examine healthy To hold closed hearings to examine cer- ties in the Gateway National Recre- food initiatives, local production, and tain intelligence matters. ation Area, S. 2131, to reauthorize the nutrition. SH–219 Rivers of Steel National Heritage Area, SH–216 the Lackawanna Valley National Her- 10 a.m. MARCH 13 itage Area, and the Delaware and Le- Commerce, Science, and Transportation 9:30 a.m. high National Heritage Corridor, and S. To hold hearings to examine priorities, Armed Services 2133, to reauthorize the America’s Agri- plans, and progress of the nation’s To hold hearings to examine U.S. South- space program. cultural Heritage Partnership in the ern Command and U.S. Northern Com- SR–253 State of Iowa. mand in review of the Defense Author- Finance SD–366 ization request for fiscal year 2013 and To hold hearings to examine the Presi- the Future Years Defense Program; dent’s 2012 trade agenda. MARCH 8 with the possibility of a closed session SD–215 9:30 a.m. in SVC–217 following the open session. Judiciary Armed Services SD–G50 To hold hearings to examine lending dis- To hold hearings to examine the Depart- 10 a.m. crimination practices and foreclosure ment of the Army in review of the De- Energy and Natural Resources abuses. fense Authorization request for fiscal To hold hearings to examine the report SD–226 year 2013 and the Future Years Defense of the Independent Consultant’s Re- Appropriations Program. view with Respect to the Department Departments of Labor, Health and Human SD–106 of Energy Loan and Loan Guarantee Services, and Education, and Related 10 a.m. Portfolio. Agencies Subcommittee Banking, Housing, and Urban Affairs SD–366 To hold hearings to examine proposed To hold hearings to examine addressing Foreign Relations budget estimates for fiscal year 2013 for the housing crisis in Indian country, To hold hearings to examine the nomina- the Department of Health and Human focusing on leveraging resources and tions of Frederick D. Barton, of Maine, Services. coordinating efforts. to be an Assistant Secretary of State SD–124 SD–538 (Conflict and Stabilization Operations),

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.026 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS E316 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2012 and to be Coordinator for Reconstruc- closed session in SVC–217 following the grazing leases and permits, S. 1473, to tion and Stabilization, and William E. open session. amend Public Law 99–548 to provide for Todd, of Virginia, to be Ambassador to SD–G50 the implementation of the multispecies the Kingdom of Cambodia, both of the 2:15 p.m. habitat conservation plan for the Vir- Department of State, and Sara Indian Affairs gin River, Nevada, and to extend the Margalit Aviel, of California, to be To hold an oversight hearing to examine authority to purchase certain parcels United States Alternate Executive Di- Indian water rights, focusing on pro- of public land, S. 1492, to provide for rector of the International Bank for moting the negotiation and implemen- the conveyance of certain Federal land Reconstruction and Development. tation of water settlements in Indian in Clark County, Nevada, for the envi- SD–419 country. ronmental remediation and reclama- 10:30 a.m. SD–628 tion of the Three Kids Mine Project Homeland Security and Governmental Af- Site, S. 1559, to establish the San Juan fairs MARCH 20 Islands National Conservation Area in Contracting Oversight Subcommittee 9:30 a.m. the San Juan Islands, Washington, S. To hold hearings to examine contractors, Armed Services 1635, to designate certain lands in San focusing on how much they are costing To hold hearings to examine the Depart- the government. Miguel, Ouray, and San Juan Counties, ment of the Air Force in review of the Colorado, as wilderness, S. 1687, to ad- SD–342 Defense Authorization request for fis- Judiciary just the boundary of Carson National cal year 2013 and the Future Years De- Forest, New Mexico, S. 1774, to estab- To hold hearings to examine the Free- fense Program; with the possibility of a lish the Rocky Mountain Front Con- dom of Information Act, focusing on closed session in SVC–217 following the servation Management Area, to des- safeguarding critical infrastructure in- open session. ignate certain Federal land as wilder- formation and the public’s right to SD–G50 know. ness, and to improve the management SD–226 MARCH 21 of noxious weeds in the Lewis and Clark National Forest, S. 1788, to des- 10 a.m. MARCH 14 ignate the Pine Forest Range Wilder- Homeland Security and Governmental Af- ness area in Humboldt County, Nevada, 10 a.m. fairs S. 1906, to modify the Forest Service Agriculture, Nutrition, and Forestry To hold hearings to examine retooling Recreation Residence Program as the To hold hearings to examine risk man- government for the 21st century, focus- agement and commodities in the 2012 ing on the President’s reorganization program applies to units of the Na- farm bill. plan and reducing duplication. tional Forest System derived from the SH–216 SD–342 public domain by implementing a sim- Veterans’ Affairs Veterans’ Affairs ple, equitable, and predictable proce- To hold hearings to examine ending To hold joint hearings to examine the dure for determining cabin user fees, S. homelessness among veterans, focusing legislative presentations of the Mili- 2001, to expand the Wild Rogue Wilder- on Veterans’ Affairs progress on its tary Order of the Purple Heart, Iraq ness Area in the State of Oregon, to five year plan. and Afghanistan Veterans of America make additional wild and scenic river SR–418 (IAVA), Non Commissioned Officers As- designations in the Rogue River area, 2 p.m. sociation, American Ex-Prisoners of to provide additional protections for Armed Services War, Vietnam Veterans of America, Rogue River tributaries, S. 2015, to re- Personnel Subcommittee Wounded Warrior Project, National As- quire the Secretary of the Interior to To hold hearings to examine the Active, sociation of State Directors of Vet- convey certain Federal land to the Guard, Reserve, and civilian personnel erans Affairs, and The Retired Enlisted Powell Recreation District in the State programs in review of the Defense Au- Association. of Wyoming, and S. 2056, to authorize thorization request for fiscal year 2013 SD–G50 the Secretary of the Interior to convey and the Future Years Defense Pro- 2 p.m. certain interests in Federal land ac- gram. Judiciary quired for the Scofield Project in Car- SR–232A Antitrust, Competition Policy and Con- bon County, Utah. 2:30 p.m. sumer Rights Subcommittee SD–366 Energy and Natural Resources To hold hearings to examine Verizon and To hold hearings to examine the nomina- cable deals. MARCH 27 tions of Adam E. Sieminski, of Penn- SD–226 sylvania, to be Administrator of the 2:30 p.m. Armed Services Energy Information Administration, MARCH 22 Department of Energy, Marcilynn A. Airland Subcommittee 10 a.m. Burke, of North Carolina, to be an As- To hold a hearing to examine Army mod- Veterans’ Affairs ernization in review of the Defense Au- sistant Secretary of the Interior, and To hold joint hearings to examine the Anthony T. Clark, of North Dakota, thorization request for fiscal year 2013 legislative presentations of the Para- and the Future Years Defense Pro- and John Robert Norris, of Iowa, both lyzed Veterans of America, Air Force to be a Member of the Federal Energy gram. Sergeants Association, Blinded Vet- SR–222 Regulatory Commission. erans Association, American Veterans SD–366 (AMVETS), Gold Star Wives, Fleet Re- MARCH 28 Foreign Relations serve Association, Military Officers As- To hold hearings to examine the nomina- sociation of America, and the Jewish 10 a.m. tions of Pamela A. White, of Maine, to War Veterans. Veterans’ Affairs be Ambassador to the Republic of 345, Cannon Building To hold hearings to examine the nomina- Haiti, Linda Thomas-Greenfield, of 2:30 p.m. tions of Margaret Bartley, of Mary- Louisiana, to be Director General of Energy and Natural Resources land, and Coral Wong Pietsch, of Ha- the Foreign Service, and Gina K. Aber- Public Lands and Forests Subcommittee waii, both to be a Judge of the United crombie-Winstanley, of Ohio, to be Am- To hold hearings to examine S. 303, to States Court of Appeals for Veterans bassador to the Republic of Malta, all amend the Omnibus Budget Reconcili- Claims. of the Department of State. ation Act of 1993 to require the Bureau SR–418 SD–419 of Land Management to provide a 2 p.m. claimant of a small miner waiver from Armed Services MARCH 15 claim maintenance fees with a period Personnel Subcommittee 9:30 a.m. of 60 days after written receipt of 1 or To resume hearings to examine the Ac- Armed Services more defects is provided to the claim- tive, Guard, Reserve, and civilian per- To hold hearings to examine the Depart- ant by registered mail to cure the 1 or sonnel programs in review of the De- ment of the Navy in review of the De- more defects or pay the claim mainte- fense Authorization request for fiscal fense Authorization request for fiscal nance fee, S. 1129, to amend the Federal year 2013 and the Future Years Defense year 2013 and the Future Years Defense Land Policy and Management Act of Program. Program; with the possibility of a 1976 to improve the management of SR–232A

VerDate Mar 15 2010 04:25 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M05MR8.000 E05MRPT1 tjames on DSK6SPTVN1PROD with REMARKS Monday, March 5, 2012 Daily Digest Senate 11 a.m., on Tuesday, March 6, 2012, Senate resume Chamber Action consideration of S. 1813, to reauthorize Federal-aid Routine Proceedings, pages S1375–S1400 highway and highway safety construction programs; Measures Introduced: Three bills were introduced, provided further, that the time prior to the cloture as follows: S. 2153–2155. Page S1384 vote be equally divided and controlled between the two sides, with the final 10 minutes controlled be- Measures Passed: tween the two Leaders or their designees with the Nonmarket Economy Countries: Senate passed S. Majority Leader controlling the final five minutes. 2153, to apply the countervailing duty provisions of Page S1400 the Tariff Act of 1930 to nonmarket economy coun- Nominations Received: Senate received the fol- tries. Pages S1375–76 lowing nominations: A unanimous-consent agreement was reached pro- Edward M. Alford, of Virginia, to be Ambassador viding that when Senate receives H.R. 4105, to to the Republic of The Gambia. apply the countervailing duty provisions of the Tariff Peter William Bodde, of Maryland, to be Ambas- Act of 1930 to nonmarket economy countries, and sador to the Federal Democratic Republic of Nepal. if it is identical text as S. 2153, Senate proceed to Piper Anne Wind Campbell, of the District of the immediate consideration of H.R. 4105, the bill Columbia, to be Ambassador to Mongolia. be passed, with no amendments in order prior to 1 Air Force nomination in the rank of general. passage, and with no intervening action or debate. 10 Navy nominations in the rank of admiral. Page S1375 Page S1400 Fair Elections in Iran: Committee on Foreign Measures Placed on the Calendar: Relations was discharged from further consideration Pages S1376, S1384 of S. Res. 386, calling for free and fair elections in Additional Cosponsors: Pages S1384–85 Iran, and the resolution was then agreed to. Page S1399 Additional Statements: Pages S1382–83 Appointments: Amendments Submitted: Pages S1385–99 Joint Congressional Committee on Inaugural Adjournment: Senate convened at 2 p.m. and ad- Ceremonies: The Chair, on behalf of the Vice Presi- journed at 5:32 p.m., until 10 a.m. on Tuesday, dent, pursuant to the provisions of S. Con. Res. 35 March 6, 2012. (For Senate’s program, see the re- (112th Congress), appointed the following Senators marks of the Acting Majority Leader in today’s to the Joint Congressional Committee on Inaugural Record on page S1400.) Ceremonies: Senators Reid, Schumer, and Alexander. Page S1399 Committee Meetings

Moving Ahead for Progress in the 21st Cen- (Committees not listed did not meet) tury—Agreement: A unanimous-consent-time agreement was reached providing at approximately No committee meetings were held.

D182

VerDate Mar 15 2010 03:44 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MR2.REC D05MRPT1 tjames on DSK6SPTVN1PROD with DIGEST March 5, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D183 House of Representatives of the President-elect and Vice President-elect of the Chamber Action United States on January 21, 2013. Page H1143 Public Bills and Resolutions Introduced: 12 pub- Authorizing the use of the rotunda and Emanci- lic bills, H.R. 4132–4143 were introduced. pation Hall of the Capitol by the Joint Congres- Pages H1152–53 sional Committee on Inaugural Ceremonies: The Additional Cosponsors: Pages H1153–54 House agreed to take from the Speaker’s table and Reports Filed: Reports were filed today as follows: agree to S. Con. Res. 36, to authorize the use of the H.R. 940, to establish standards for covered bond rotunda and Emancipation Hall of the Capitol by programs and a covered bond regulatory oversight the Joint Congressional Committee on Inaugural program, and for other purposes, with an amend- Ceremonies in connection with the proceedings and ment (H. Rept. 112–407, Pt. 1) and H. Res. 570, ceremonies conducted for the inauguration of the providing for consideration of the bill (H.R. 2842) President-elect and the Vice President-elect of the to authorize all Bureau of Reclamation conduit fa- United States. Page H1144 cilities for hydropower development under Federal Presidential Message: Read a message from the Reclamation law, and for other purposes (H. Rept. President wherein he notified Congress of the con- 112–408). Page H1152 tinuation beyond March 6, 2012 of the national Speaker: Read a letter from the Speaker wherein he emergency declared with respect to the actions and appointed Representative Denham to act as Speaker policies of certain members of the Government of Zimbabwe and other persons to undermine pro tempore for today. Page H1137 Zimbabwe’s democratic processes or institutions—re- Recess: The House recessed at 12:09 p.m. and re- ferred to the Committee on Foreign Affairs and or- convened at 2 p.m. Page H1137 dered to be printed (H. Rept. 112–92). Page H1139 Recess: The House recessed at 2:16 p.m. and recon- Senate Message: Message received from the Senate vened at 5 p.m. Page H1139 by the Clerk and subsequently presented to the Suspensions: The House agreed to suspend the rules House today appears on page H1139. and pass the following measures: Senate Referrals: S. Con. Res. 35 and S. Con. Res. Roy Schallern Rood Post Office Building Des- 36 were held at the desk. Page H1139 ignation Act: H.R. 3637, to designate the facility of Amendments: Amendments ordered printed pursu- the United States Postal Service located at 401 Old ant to the rule appear on page H1154. Dixie Highway in Jupiter, Florida, as the ‘‘Roy 2 Quorum Calls—Votes: One yea-and-nay vote de- Schallern Rood Post Office Building’’, by a ⁄3 yea- veloped during the proceedings of today and appears and-nay vote of 362 yeas to 2 nays, Roll No. 95; on page H1143. There were no quorum calls. Pages H1139–40, H1143 Adjournment: The House met at 12 noon and ad- Private Isaac T. Cortes Post Office Designation journed at 8:07 p.m. Act: H.R. 3413, to designate the facility of the United States Postal Service located at 1449 West Avenue in Bronx, New York, as the ‘‘Private Isaac Committee Meetings T. Cortes Post Office’’; and Pages H1140–41 APPROPRIATIONS—FEDERAL TRADE James M. Fitzgerald United States Courthouse COMMISSION Designation Act: S. 1710, to designate the United States courthouse located at 222 West 7th Avenue, Committee on Appropriations: Subcommittee on Finan- Anchorage, Alaska, as the James M. Fitzgerald cial Services and General Government held a hearing United States Courthouse. Pages H1141–42 on FY 2013 Budget for the Federal Trade Commis- sion. Testimony was heard from Jon Leibowitz, Recess: The House recessed at 5:29 p.m. and recon- Chairman, FTC; and J. Thomas Rosch, Commis- vened at 6:30 p.m. Page H1142 sioner FTC. Establishing the Joint Congressional Committee on Inaugural Ceremonies: The House agreed to MISCELLEANOUS MEASURES take from the Speaker’s table and agree to S. Con. Committee on Energy and Commerce: Full Committee Res. 35, to establish the Joint Congressional Com- began markup of the following: H.R. 452, the mittee on Inaugural Ceremonies for the inauguration ‘‘Medicare Decisions Accountability Act of 2011’’;

VerDate Mar 15 2010 03:44 Mar 06, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MR2.REC D05MRPT1 tjames on DSK6SPTVN1PROD with DIGEST D184 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 2012 H.R. 3309, the ‘‘Federal Communications Commis- COMMITTEE MEETINGS FOR TUESDAY, sion Process Reform Act’’; and H.R. 3310, the ‘‘Fed- MARCH 6, 2012 eral Communications Commission Consolidated Re- (Committee meetings are open unless otherwise indicated) porting Act’’. Senate SECURITY IN BONDING ACT OF 2011 Committee on Armed Services: to hold hearings to examine U.S. Central Command and U.S. Special Operations Com- Committee on the Judiciary: Subcommittee on Courts, mand in review of the Defense Authorization request for Commercial and Administrative Law held a hearing fiscal year 2013 and the Future Years Defense Program; on H. R. 3534, the ‘‘Security In Bonding Act of with the possibility of a closed session in SVC–217 fol- 2011’’. Testimony was heard from public witnesses. lowing the open session, 9:30 a.m., SH–216. Committee on Banking, Housing, and Urban Affairs: to BUREAU OF RECLAMATION SMALL hold hearings to examine spurring job growth through CONDUIT HYDROPOWER DEVELOPMENT capital formation while protecting investors, part II, 10 a.m., SD–538. AND RURAL JOBS ACT OF 2011 Committee on the Budget: to hold hearings to examine Committee on Rules: Full Committee held a hearing on perspectives on the President’s proposed budget request H.R. 2842, the ‘‘Bureau of Reclamation Small Con- for fiscal year 2013 for the Department of Defense, 10 duit Hydropower Development and Rural Jobs Act a.m., SD–608. of 2011’’. The Committee granted, by voice vote, a Committee on Commerce, Science, and Transportation: Sub- committee on Science and Space, to hold hearings to ex- modified open rule. The rule provides one hour of amine keeping America competitive through investments general debate equally divided and controlled by the in research and development, 2:45 p.m., SR–253. chair and ranking minority member of the Com- Committee on Energy and Natural Resources: to hold hear- mittee on Natural Resources. The rule waives all ings to examine the President’s proposed budget request points of order against consideration of the bill. The for fiscal year 2013 for the Forest Service, 10 a.m., rule makes in order the amendment in the nature of SD–366. a substitute recommended by the Committee on Committee on Finance: to hold hearings to examine tax Natural Resources as original text for purpose of reform options, focusing on incentives for capital invest- ment and manufacturing, 10 a.m., SD–215. amendment, and provides that each section shall be Committee on Foreign Relations: to hold hearings to exam- considered as read. The rule waives all points of ine the President’s proposed budget request for fiscal year order against the amendment in the nature of a sub- 2013 for international development priorities, 2:30 p.m., stitute. The rule makes in order only those amend- SD–419. ments that are submitted for printing in the Con- Committee on Homeland Security and Governmental Affairs: gressional Record dated at least one day before the to hold hearings to examine the nomination of Tony day of consideration of the amendment and pro Hammond, of Missouri, to be a Commissioner of the forma amendments for the purpose of debate. Each Postal Regulatory Commission, 10:30 a.m., SD–342. Full Committee, to hold hearings to examine the amendment submitted for printing in the Congres- nominations of Mark A. Robbins, of California, to be a sional Record may be offered only by the Member Member of the Merit Systems Protection Board, and Roy who submitted it for printing or the Member’s des- Wallace McLeese III, to be an Associate Judge of the Dis- ignee and shall be considered as read if printed. The trict of Columbia Court of Appeals, 2:30 p.m., SD–342. rule provides one motion to recommit with or with- Select Committee on Intelligence: to hold closed hearings to out instructions. Finally, the rule provides that the examine certain intelligence matters, 2:30 p.m., SH–219. chair of the Committee on Financial Services may f file a supplemental report to accompany H.R. 3606. Testimony was heard from Chairman Hasting, WA CONGRESSIONAL PROGRAM AHEAD and Representatives Tipton and Napolitano. Week of March 6 through March 9, 2012

ONGOING INTELLIGENCE ACTIVITIES Senate Chamber Tuesday, House Permanent Select Committee on Intelligence: Full On at approximately 11 a.m., Senate will resume consideration of S. 1813, Moving Ahead for Committee held a hearing on ongoing intelligence Progress in the 21st Century, and vote on the mo- activities. tion to invoke cloture on Reid Amendment No. 1761 at 12 p.m. On Tuesday, at 2:15 p.m., Senate will begin con- Joint Meetings sideration of the nominations of Mary Elizabeth No joint committee meetings were held. Phillips, of Missouri, to be United States District

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Senate Committees March 7, Subcommittee on Oceans, Atmosphere, Fish- (Committee meetings are open unless otherwise indicated) eries, and Coast Guard, to hold hearings to examine the Committee on Agriculture, Nutrition, and Forestry: March President’s proposed budget request for fiscal year 2013 7, to hold hearings to examine healthy food initiatives, for the Coast Guard and the National Oceanic and At- local production, and nutrition, 9:30 a.m., SH–216. mospheric Administration, 2:30 p.m., SR–253. Committee on Appropriations: March 7, Subcommittee on Committee on Energy and Natural Resources: March 6, to Departments of Labor, Health and Human Services, and hold hearings to examine the President’s proposed budget Education, and Related Agencies, to hold hearings to ex- request for fiscal year 2013 for the Forest Service, 10 amine proposed budget estimates for fiscal year 2013 for a.m., SD–366. the Department of Health and Human Services, 10 a.m., March 7, Subcommittee on National Parks, to hold SD–124. hearings to examine S. 29, to establish the Sacramento- March 7, Subcommittee on Department of Defense, to San Joaquin Delta National Heritage Area, S. 1150, to hold hearings to examine proposed budget estimates for establish the Susquehanna Gateway National Heritage fiscal year 2013 for the Department of the Navy, 10:30 Area in the State of Pennsylvania, S. 1191, to direct the a.m., SD–192. Secretary of the Interior to carry out a study regarding March 8, Subcommittee on Commerce, Justice, the suitability and feasibility of establishing the Science, and Related Agencies, to examine proposed Naugatuck River Valley National Heritage Area in Con- budget estimates for fiscal year 2013 for the Department necticut, S. 1198, to reauthorize the Essex National Her- of Justice, 10 a.m., SD–124. itage Area, S. 1215, to provide for the exchange of land March 8, Subcommittee on Transportation and Hous- located in the Lowell National Historical Park, S. 1589, ing and Urban Development, and Related Agencies, to to extend the authorization for the Coastal Heritage Trail hold hearings to examine an overview of the Federal in the State of New Jersey, S. 1708, to establish the John Housing Administration, 10 a.m., SD–138. H. Chafee Blackstone River Valley National Historical March 8, Subcommittee on Department of Homeland Park, H.R. 1141, to authorize the Secretary of the Inte- Security, to hold hearings to examine proposed budget es- rior to study the suitability and feasibility of designating timates for fiscal year 2013 for the Department of Home- prehistoric, historic, and limestone forest sites on Rota, land Security, 10 a.m., SD–192. Commonwealth of the Northern Mariana Islands, as a Committee on Armed Services: March 6, to hold hearings unit of the National Park System, H.R. 2606, to author- to examine U.S. Central Command and U.S. Special Op- ize the Secretary of the Interior to allow the construction erations Command in review of the Defense Authorization and operation of natural gas pipeline facilities in the request for fiscal year 2013 and the Future Years Defense Gateway National Recreation Area, S. 2131, to reauthor- Program; with the possibility of a closed session in ize the Rivers of Steel National Heritage Area, the Lacka- SVC–217 following the open session, 9:30 a.m., SH–216. wanna Valley National Heritage Area, and the Delaware March 7, Full Committee, to hold hearings to examine and Lehigh National Heritage Corridor, and S. 2133, to the situation in Syria; with the possibility of a closed ses- reauthorize the America’s Agricultural Heritage Partner- sion in SVC–217 following the open session, 9 a.m., ship in the State of Iowa, 2:30 p.m., SD–366. SD–106. Committee on Finance: March 6, to hold hearings to ex- March 8, Full Committee, to hold hearings to examine amine tax reform options, focusing on incentives for cap- the Department of the Army in review of the Defense ital investment and manufacturing, 10 a.m., SD–215. Authorization request for fiscal year 2013 and the Future March 7, Full Committee, to hold hearings to examine Years Defense Program, 9:30 a.m., SD–106. the President’s 2012 trade agenda, 10 a.m., SD–215. Committee on Banking, Housing, and Urban Affairs: Committee on Foreign Relations: March 6, to hold hear- March 6, to hold hearings to examine spurring job ings to examine the President’s proposed budget request growth through capital formation while protecting inves- for fiscal year 2013 for international development prior- tors, part II, 10 a.m., SD–538. ities, 2:30 p.m., SD–419. March 8, Full Committee, to hold hearings to examine Committee on Health, Education, Labor, and Pensions: addressing the housing crisis in Indian country, focusing March 8, to hold hearings to examine the key to Amer- on leveraging resources and coordinating efforts, 10 a.m., ica’s global competitiveness, focusing on a quality edu- SD–538. cation, 10 a.m., SD–430. Committee on the Budget: March 6, to hold hearings to Committee on Homeland Security and Governmental Affairs: examine perspectives on the President’s proposed budget March 6, to hold hearings to examine the nomination of

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Tony Hammond, of Missouri, to be a Commissioner of March 6, Subcommittee on Defense, hearing on FY the Postal Regulatory Commission, 10:30 a.m., SD–342. 2013 Budget Request for the U.S. Air Force, 10 a.m., March 6, Full Committee, to hold hearings to examine H–140, Capitol. the nominations of Mark A. Robbins, of California, to be March 6, Subcommittee on Commerce, Justice, a Member of the Merit Systems Protection Board, and Science, and Related Agencies, hearing on FY 2013 Roy Wallace McLeese III, to be an Associate Judge of the Budget Request for the National Science Foundation, 10 District of Columbia Court of Appeals, 2:30 p.m., a.m., H–309, Capitol. SD–342. March 6, Subcommittee on Homeland Security, hear- March 8, Full Committee, to hold hearings to examine ing on FY 2013 Budget Request for the U.S. Coast the President’s proposed budget request for fiscal year Guard, 10 a.m., B–318 Rayburn. 2013 for the Department of Homeland Security, 2:30 March 6, Committee on Financial Services, hearing on p.m., SD–342. FY 2013 Budget Request for the Securities and Exchange Committee on Indian Affairs: March 8, to hold hearings Commission, 10 a.m., 2359 Rayburn. to examine the President’s proposed budget request for March 6, Subcommittee on Energy and Water Devel- fiscal year 2013 for Native Programs, 2:15 p.m., SD–628. opment, and Related Agencies, hearing on FY 2013 Committee on the Judiciary: March 7, to hold hearings to Budget Request for Nuclear Nonproliferation and Naval examine lending discrimination practices and foreclosure Reactors and National Nuclear Security Administration, abuses, 10 a.m., SD–226. 10 a.m., 2362–B Rayburn. March 8, Full Committee, business meeting to consider March 6, Subcommittee on Interior, Environment, and S. 1002, to prohibit theft of medical products, and the Related Agencies, hearing on FY 2013 Budget Request nominations of Patty Shwartz, of New Jersey, to be for the U.S. Geological Survey, 1 p.m., 2358–C Rayburn. United States Circuit Judge for the Third Circuit, Jeffrey March 6, Subcommittee on Labor, Health and Human J. Helmick, to be United States District Judge for the Services, Education, and Related Agencies, hearing on FY Northern District of Ohio, Mary Geiger Lewis, to be 2013 Budget Request for Health and Human Services, 2 United States District Judge for the District of South p.m. 2358–C Rayburn. Carolina, Timothy S. Hillman, to be United States Dis- March 6, Commerce, Justice, Science, and Related trict Judge for the District of Massachusetts, and Thomas Agencies, hearing on FY 2013 Budget request for the M. Harrigan, of New York, to be Deputy Administrator Bureau of Prisons, 2 p.m., H–309 Capitol. of Drug Enforcement, Department of Justice, 10 a.m., March 7, Subcommittee on Commerce, Justice, SD–226. Science, and Related Agencies, hearing on FY 2013 Committee on Veterans’ Affairs: March 7, to hold joint Budget Request for the Federal Bureau of Investigations, hearings to examine a legislative presentation from the 9 a.m., 2359 Rayburn. Veterans of Foreign Wars (VFW), 10 a.m., SD–G50. March 7, Subcommittee on Defense, hearing on FY Select Committee on Intelligence: March 6, to hold closed 2013 Budget Request for the Army, 10 a.m., H–140, hearings to examine certain intelligence matters, 2:30 Capitol. p.m., SH–219. March 7, Subcommittee on Agriculture, Rural Devel- March 8, Full Committee, to hold closed hearings to opment, Food and Drug Administration, and Related Agencies, hearing on FY 2013 Budget Request for the examine certain intelligence matters, 2:30 p.m., SH–219. Department of Agriculture, 10 a.m., 2362–A Rayburn. Special Committee on Aging: March 7, to hold hearings March 7, Subcommittee on Homeland Security, hear- to examine opportunities for savings, focusing on remov- ing on FY 2013 Budget Request for Federal Emergency ing obstacles for small business, 2 p.m., SD–562. Management Agency, 10 a.m., 2358–A Rayburn. House Committees March 7, Subcommittee on Energy and Water Devel- opment, and Related Agencies, hearing on FY 2013 Committee on Agriculture, March 7, full Committee, Budget Request for Nuclear Energy and Nuclear Regu- hearing on budget views and estimates letter of the Com- latory Commission, 10 a.m., 2362–B Rayburn. mittee on Agriculture for the agencies and programs March 7, Subcommittee on Interior, Environment, and under jurisdiction of the Committee for FY 2013, 10 Related Agencies, hearing on FY 2013 Budget Request a.m., 1300 Longworth. for the Bureau of Ocean Energy Management/Bureau of Committee on Appropriations, March 6, Subcommittee on Safety and Environmental Enforcement Budget, 1 p.m., State Foreign Operations, and Related Programs, hearing B–308 Rayburn. on FY 2013 Budget Request for the U.S. Agency for March 7, Subcommittee on Military Construction, Vet- International Development, 9 a.m., B–2358 Rayburn. erans Affairs, hearing on Installation, Environment, and March 6, Subcommittee on Interior, Environment, and BRAC, 2 p.m., H–140, Capitol. Related Agencies, hearing on FY 2013 Budget for Bureau March 7, Subcommittee on Energy and Water Devel- of Land Management, 9:30 a.m., B–308 Rayburn. opment, and Related Agencies, hearing on FY 2013 March 6, Subcommittee on Agriculture, Rural Devel- Budget Request for the U.S. Army Corps of Engineers, opment, Food and Drug Administration, and Related 2 p.m. 2362–B Rayburn. Agencies, hearing on FY 2013 Budget Request for the March 7, Subcommittee on Financial Services and Gen- Department of Agriculture, 10 a.m., 2362–A Rayburn. eral Government, hearing on Fiscal Year 2013 Budget

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Request for the Treasury Inspector General, 2 p.m., 2359 3309, the ‘‘Federal Communications Commission Process Rayburn. Reform Act’’; and H.R. 3310, the ‘‘Federal Communica- March 8, Subcommittee on Interior, Environment, and tions Commission Consolidated Reporting Act’’, 10 a.m., Related Agencies, hearing on Fiscal Year 2013 Budget 2123 Rayburn. Request for the National Park Service, 9:30 a.m., B–308 March 7, Subcommittee on Communications and Tech- Rayburn. nology, hearing entitled ‘‘Cybersecurity: The Pivotal Role March 8, Subcommittee on Transportation, Housing of Communications Networks’’, 10 a.m., 2123 Rayburn. and Urban Development, and Related Agencies, hearing March 7, Subcommittee on Energy and Power, hearing on Fiscal Year 2013 Budget Request for the Department entitled ‘‘The American Energy Initiative: Rising Gaso- of Transportation, 9:30 a.m., 2358–A Rayburn. line Prices’’, 10:30 a.m., 2322 Rayburn. March 8, Subcommittee on Defense, hearing on Fiscal March 8, Subcommittee on Energy and Power, hearing Year 2013 Budget Request for the Defense Health Pro- entitled ‘‘The FY 2013 DOE Budget’’, 10 a.m., 2123 gram, 10 a.m., 2359 Rayburn. Rayburn. March 8, Subcommittee on Agriculture, Rural Devel- March 8, Subcommittee on Health, hearing entitled opment, Food and Drug Administration, and Related ‘‘FDA User Fees 2012: Hearing on Issues Related to Ac- Agencies, hearing on Fiscal Year 2013 Budget Request celerated Approval, Medical Gas, Antibiotic Development for Department of Agriculture, 10:30 a.m., 2362–A Ray- and Downstream Pharmaceutical Supply Chain’’, 10:15 burn. a.m., 2322 Rayburn. March 8, Subcommittee on Homeland Security, hear- Committee on Financial Services, March 6, full Com- ing on Fiscal Year 2013 Budget Request Immigration mittee, markup of ‘‘Approval of Views and Estimates of and Customs Enforcement, 1 p.m., 2359 Rayburn. the Committee on Financial Services on matter to be set Committee on Armed Services, March 6, full Committee, forth in the Concurrent Resolution on the Budget for Fis- Fiscal Year 2013 National Defense Authorization Budget cal Year 2013’’, 2 p.m. 2128 Rayburn. Requests from U.S. Southern Command and U.S. North- March 7, Subcommittee on Capitol Markets and Gov- ern Command, 10 a.m., 2118 Rayburn. ernment Sponsored Enterprises, hearing entitled ‘‘The Se- March 6, Subcommittee on Military Personnel, hearing curities Investor Protection Corporation: Past, Present, on military personnel budget overview—service personnel and Future’’ 9:30 a.m., 2128 Rayburn. chiefs’ perspectives, 1:30 p.m., 2212 Rayburn. Committee on Foreign Affairs, March 7, full Committee, March 6, Subcommittee on Strategic Forces, hearing on markup of the following: H.R. 2106, the ‘‘Syria Freedom the Fiscal Year 2013 National Defense Authorization Support Act’’; H.R. 890, the ‘‘Holocaust Insurance Ac- Budget Request for Missile Defense, 3 p.m., 2118 Ray- countability Act of 2011’’; H.R. 1410 the ‘‘Vietnam burn. Human Rights Act of 2011’’; H.R. 3783, the ‘‘Coun- March 7, full Committee, hearing on the Fiscal Year tering Iran in the Western Hemisphere Act of 2012’’; 2013 National Defense Authorization Budget Requests H.R. 4041, the ‘‘Export Promotion Reform Act’’; and S. from U.S. Central Command, U.S. Special Operations Con. Res. 17, a concurrent resolution expressing the sense Command and U.S. Transportation Command, 10 a.m. of Congress that Taiwan should be accorded observer sta- 2118 Rayburn. tus in the International Civil Aviation Organization March 7, Subcommittee on Seapower and Projection (ICAO), 10 a.m., 2172 Rayburn. Forces, hearing on assessing mobility airlift capabilities March 7, Subcommittee on Terrorism, Nonprolifera- and operational risks under the revised 2012 defense tion, and Trade, hearing entitled ‘‘The State Department’s strategy, 3:30 p.m. 2118 Rayburn. Reward Programs: Performance and Potential’’, 2 p.m. March 8, Subcommittee on Tactical Air and Land 2127 Rayburn. Forces, hearing on Army and Marine Corps ground sys- Committee on Homeland Security, March 6, Subcommittee tem modernization programs, 10 a.m., 2212 Rayburn. on Border and Maritime Security, hearing entitled ‘‘From March 8, Subcommittee on Readiness, hearing on re- the 9/11 Hijackers to Amine el-Khalifi: Terrorists and quest for authorization of another BRAC round and addi- the Visa Overstay Problem’’, 10 a.m., 311 Cannon. tional reductions in overseas bases, 11:30 a.m., 2118 Ray- March 6, Subcommittee on Cybersecurity, Infrastruc- burn. ture Protection, and Security Technologies, hearing enti- March 8, Subcommittee on Strategic Forces, hearing on tled ‘‘The Chemical Facilities Anti-Terrorism Standards Fiscal Year 2013 National Defense Authorization Budget Program: Addressing Its Challenges and Finding a Way Request for national security space activities, 1 p.m., Forward’’, 2:30 p.m., 311 Cannon. 2212 Rayburn. March 8, Subcommittee on Oversight, Investigations, Committee on the Budget, March 8, full Committee, hear- and Management, hearing entitled ‘‘Eliminating Waste, ing entitled ‘‘Members’ Day’’, 10 a.m., 210 Cannon. Fraud, Abuse, and Duplication in the Department of Committee on Education and the Workforce, March 7, Sub- Homeland Security’’, 10 a.m., 311 Cannon. committee on Workforce Protections, hearing entitled Committee on the Judiciary, March 6, full Committee, ‘‘Ensuring Regulations Protect Access to Affordable and markup of H.R. 4119, the ‘‘Board Tunnel Prevention Act Quality Companion Care’’, 10 a.m., 2175 Rayburn. of 2012’’, 10:15 a.m., 2141 Rayburn. Committee on Energy and Commerce, March 6, full Com- March 7, Subcommittee on Crime, Terrorism, and mittee, continue markup of the following: H.R. 452, the Homeland Security, hearing entitled ‘‘The Prescription ‘‘Medicare Decisions Accountability Act of 2011’’; H.R. Drug Epidemic in America’’, 10 a.m. 2141 Rayburn.

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March 7, Subcommittee on Immigration Policy and March 7, full Committee, hearing entitled ‘‘An Over- Enforcement, hearing on H.R. 3808, the ‘‘Scott Gardner view of the National Aeronautics and Space Administra- Act’’, 1:30 p.m., 2141 Rayburn. tion Budget for Fiscal Year 2013’’, 2 p.m., 2318 Ray- March 8, Subcommittee on the Constitution, hearing burn. on H.R. 2299, the ‘‘Child Interstate Abortion Notifica- March 8, Subcommittee on Research and Science Edu- tion Act’’, 9:30 a.m., 2141 Rayburn. cation, hearing entitled ‘‘NSF Major Research Equipment Committee on Natural Resources, March 6, Subcommittee and Facilities Management: Ensuring Fiscal Responsi- on Energy and Mineral Resources, hearing entitled ‘‘Ef- bility Accountability’’, 10 a.m., 2318 Rayburn. fect of the President’s FY2013 Budget and Legislative Committee on Small Business, March 7, full Committee, Proposals for the Office of Surface Mining on Private Sec- markup of the following: Views and Estimates on the tor Job Creation, Domestic Energy Production, State Pro- Small Business Administration’s FY 2013 budget request; grams an Deficit Reduction’’, 10 a.m., 1324 Longworth. H.R. 3850, the ‘‘Government Efficiency through Small March 6, Subcommittee on Fisheries, Wildlife, Oceans, Business Contracting Act of 2012’’; H.R. 3851, the and Insular Affairs, hearing entitled ‘‘Spending for the ‘‘Small Business Advocate Act of 2012’’; H.R. 3893, the National Oceanic and Atmospheric Administration, the ‘‘Subcontracting Transparency and Reliability Act of Office of Insular Affairs, the U.S. Fish and Wildlife Serv- 2012’’; H.R. 3980, the ‘‘Small Business Opportunity Act ice and the President’s Fiscal Year 2013 Budget Request of 2012’’; H.R. 4118, the ‘‘Small Business Procurement for these Agencies’’, 10 a.m., 1334 Longworth. Improvement Act of 2012’’; and H.R. 4121, the ‘‘Early March 6, Subcommittee on Indian and Alaska Native Stage Small Business Contracting Act of 2012’’, 1 p.m., Affairs, hearing entitled ‘‘2013 Budget Request of the In- 2360 Rayburn. dian Health Service and of the Office of Special Trustee Committee on Transportation and Infrastructure, March 7, for American Indians’’, 2 p.m., 1334 Longworth. Subcommittee on Coast Guard and Maritime Transpor- March 7, full Committee, hearing entitled ‘‘The Coun- tation, hearing entitled ‘‘Protecting Maritime Jobs and cil on Environmental Quality’s Fiscal Year 2013 Funding Enhancing Marine Safety in the Post-Budget Control Act Request and the Effects on NEPA, National Ocean Policy Fiscal Environment: A Review of the Administration’s and Other Federal Environmental Policy Initiatives’’, 10 Fiscal Year 2013 Coast Guard and Maritime Transpor- a.m., 1324 Longworth. tation Budget Request’’, 10 a.m., 2167 Rayburn. March 8, Subcommittee on National Parks, Forest and March 8, full Committee, markup on the following: Public Lands, hearing entitled H.R. 752, the ‘‘Molalla H.R. 2903, the ‘‘FEMA Reauthorization Act of 2011’’; River Wild and Scenic Rivers Act’’; H.R. 1415, the H.R. 4097, the ‘‘John F. Kennedy Center Reauthorization ‘‘Chetco River Protection Act of 2011’’; H.R. 3377, the Act of 2012’’; H.R. 3182 to designate the United States ‘‘Pine Forest Range Recreation Enhancement Act of courthouse located at 222 West 7th Avenue in Anchor- 2011’’; and H.R. 3436, to expand the Wild Rogue Wil- derness Area in the State of Oregon, to make additional age, Alaska, as the ‘‘James M. Fitzgerald United States wild and scenic river designations in the Rogue River Courthouse’’; and H.R. 3556 to designate the new area, and to provide additional protections for Rogue United States courthouse in Buffalo, New York, as the River tributaries, and for other purposes, 10 a.m., 1324 ‘‘Robert H. Jackson United States Courthouse’’, 10 a.m., Longworth. 2167 Rayburn. Committee on Oversight and Government Reform, March 6, Committee on Veterans’ Affairs, March 6, Subcommittee Subcommittee on Health Care, District of Columbia, on Oversight and Investigations, hearing entitled ‘‘VA’s Census and the National Archives, hearing entitled ‘‘The Dubious Contracting Practices: Savannah’’, 12 noon, 334 Pros and Cons of Making the Census Bureau’s American Cannon. Community Survey Voluntary’’, 9:30 a.m., 2154 Ray- March 8, Subcommittee of Economic Opportunity, burn. hearing on the following: H.R. 3329, to amend title 38 March 8, full Committee, hearing entitled ‘‘Food United States Code to extend the eligibility period for Stamp Fraud as a Business Model: USDA’s Struggle to veterans to enroll in certain vocational rehabilitation pro- Police Store Owners’’, 9:30 a.m. 2154 Rayburn. grams; H.R. 3483, the ‘‘Veterans Education Equity Act Committee on Rules, March 6, full Committee, hearing of 2011’’; H.R. 3610, ‘‘Streamlining Workforce Develop- on H.R. 3606, the ‘‘Reopening American Capital Markets ment Programs Act of 2011’’; H.R. 3670, to require the to Emerging Growth Companies Act of 2011’’, 3 p.m., Transportation Security Administration to comply with H–313 Capitol. the Uniformed Services Employment and Reemployment Committee on Science, Space, and Technology, March 6, Sub- Rights Act; H.R. 3524, the, ‘‘Disabled Veterans Employ- committee on Technology and Innovation, hearing enti- ment Protection Act’’; H.R. 4048, the ‘‘Improving Con- tled ‘‘An Overview of the National Institute of Standards tracting Opportunities for Veteran-Owned Small Busi- and Technology Budget for Fiscal Year 2012’’, 11 a.m. nesses Act of 2012’’; H.R. 4051, the ‘‘TAP Moderniza- 2318 Rayburn. tion Act of 2012’’; H.R. 4052, the ‘‘Recognizing Excel- March 6, Subcommittee on Energy and Environment, lence in Veterans Education Act of 2012’’; H.R. 4057, hearing entitled ‘‘An Overview of the National Oceanic the ‘‘Improving Transparency of Education Opportunities and Atmospheric Administration and the Environmental for Veterans Act of 2012’’; and H.R. 4072, the ‘‘Consoli- Protection Agency Budgets for Fiscal Year 2013’’, 2 p.m., dating Veteran Employment Services for Improved Per- 2318 Rayburn. formance Act of 2012’’, 10 a.m., 334 Cannon.

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March 8, Subcommittee on Disability Assistance and March 7, full Committee, hearing entitled ‘‘Closely- Memorial Affairs, hearing entitled ‘‘Honoring America’s Held Businesses in the Context of Tax Reform’’, 10 a.m., Fallen Heroes: An Update on our National Cemeteries’’, 1100 Longworth. 1:30 p.m., 340 Cannon. House Permanent Select Committee on Intelligence, March 8, Committee on Ways and Means, March 6, Subcommittee full Committee, hearing on Committee Views and Esti- on Health, hearing on the Independent Payment Advisory mates on the President’s Budget for Fiscal Year 2013’’, Board (IPAB) will impact the Medicare program, its 9 a.m., HVC–304. beneficiaries, and health care providers, 10 a.m., 1100 March 8, full Committee, hearing on ongoing intel- Longworth. ligence activities, 9:15 a.m., HVC–304.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, March 6 10 a.m., Tuesday, March 6

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of H.R. 2842— morning business (not to extend beyond one hour), Senate Bureau of Reclamation Small Conduit Hydropower De- will resume consideration of S. 1813, Moving Ahead for velopment and Rural Jobs Act (Subject to a Rule). Progress in the 21st Century, and at approximately 12 p.m., vote on the motion to invoke cloture on Reid Amendment No. 1761, with a second-degree amendment filing deadline at 11:30 a.m. At 2:15 p.m., Senate will begin consideration of the nominations of Mary Elizabeth Phillips, of Missouri, to be United States District Judge for the Western District of Missouri, and Thomas Owen Rice, of Washington, to be United States District Judge for the Eastern District of Washington, and vote on confirmation of the nomina- tions. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Fudge, Marcia L., Ohio, E308 Quigley, Mike, Ill., E310, E313 Gardner, Cory, Colo., E312 Rogers, Harold, Ky., E311 Burgess, Michael C., Tex., E307 Goodlatte, Bob, Va., E313 Rogers, Mike, Ala., E313 Calvert, Ken, Calif., E314, E314, E314 Johnson, Eddie Bernice, Tex., E309 Rothman, Steven R., N.J., E311 Chu, Judy, Calif., E309 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E310 Ruppersberger, C.A. Dutch, Md., E310 Cicilline, David N., R.I., E308 McNerney, Jerry, Calif., E312 Smith, Adam, Wash., E309 Coffman, Mike, Colo., E311 Maloney, Carolyn B., N.Y., E312 Smith, Lamar, Tex., E312 Cohen, Steve, Tenn., E307 Miller, Jeff, Fla., E308 Sullivan, John, Okla., E312 Costa, Jim, Calif., E311 Pallone, Frank, Jr., N.J., E309, E314 Towns, Edolphus, N.Y., E308 Donnelly, Joe, Ind., E307 Price, David E., N.C., E313 Woolsey, Lynn C., Calif., E310

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