Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, FIRST SESSION

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

Vol. 157 WASHINGTON, WEDNESDAY, MAY 4, 2011 No. 59 House of Representatives The House met at 10 a.m. and was sible for the vicious 9/11 attacks. Using free society calling itself a republic called to order by the Speaker pro tem- this authority and opportunity to pur- should never succumb to such evil. pore (Mr. FITZPATRICK). sue nation-building and remaking the With regard to foreign aid to Paki- f Middle East was cynical and dan- stan, the fact that bin Laden was safe- gerous, as the past 10 years have prov- ly protected for 10 years in Pakistan DESIGNATION OF SPEAKER PRO en. The sad tragedy is that it took 10 should make us question the wisdom of TEMPORE years, trillions of dollars, tens of thou- robbing American citizens to support The SPEAKER pro tempore laid be- sands of American casualties and many any government around the world with fore the House the following commu- thousands of innocent lives to achieve foreign aid. Our failed foreign policy is nication from the Speaker: our mission of killing one evil person. reflected in our bizarre relationship WASHINGTON, DC, A narrow, targeted mission under with Pakistan. We bomb them with our May 4, 2011. these circumstances is far superior to drones, causing civilian casualties, we I hereby appoint the Honorable MIKE initiating wars against countries not give them billions of dollars in foreign FITZPATRICK to act as Speaker pro tempore involved in the 9/11 attacks. This was aid, and she protects America’s enemy on this day. the reason I emphasized at the time number one, bin Laden, for a decade. JOHN A. BOEHNER, the principles of marque and reprisal, It is time to consider a sensible, non- Speaker of the House of Representatives. provided to us by the Constitution for interventionist foreign policy as ad- f difficult missions such as we faced. I vised by our founders and authorized MORNING-HOUR DEBATE am convinced that this approach would by our Constitution. We would all be have achieved our goal much sooner better off for it. The SPEAKER pro tempore. Pursu- and much cheaper. f ant to the order of the House of Janu- The elimination of Osama bin Laden ary 5, 2011, the Chair will now recog- should now prompt us to bring our PROPOSED PUERTO RICAN PIPE- nize Members from lists submitted by troops home from Afghanistan and LINE A THREAT TO MOUNTAINS the majority and minority leaders for Iraq. Al Qaeda was never in Iraq, and AND RAINFORESTS morning-hour debate. we were supposedly in Afghanistan to The SPEAKER pro tempore. The The Chair will alternate recognition get Osama bin Laden. With bin Laden Chair recognizes the gentleman from between the parties, with each party gone, there is no reason for our pres- Illinois (Mr. GUTIERREZ) for 5 minutes. limited to 1 hour and each Member ence in this region, unless indeed it Mr. GUTIERREZ. Mr. Speaker, last other than the majority and minority was all about oil, nation-building and weekend I had the honor of partici- leaders and the minority whip limited remaking the Middle East and Central pating in a remarkable event in the to 5 minutes each, but in no event shall Asia. mountain town of Adjuntas, Puerto debate continue beyond 11:50 a.m. Hopefully, bin Laden does not get the Rico. There, thousands braved a tor- f last laugh. He claimed the 9/11 attacks rential downpour to demonstrate were designed to, number one, get against a proposed natural gas pipeline DEVELOPING A SENSIBLE, NON- America to spread its military dan- that the current ruling party in Puerto INTERVENTIONIST FOREIGN POL- gerously and excessively throughout Rico is threatening to build across the ICY the Middle East; two, to cause political mountains and rainforests of the is- The SPEAKER pro tempore. The dissension within the United States. land. Chair recognizes the gentleman from Seventy percent of the American peo- While I was there, I met with Texas (Mr. PAUL) for 5 minutes. ple now believe we should leave Af- Rosanna Lopez Leon, the Common- Mr. PAUL. Mr. Speaker, Osama bin ghanistan, yet both parties seem des- wealth of Puerto Rico’s Ombudsman Laden applauded the 9/11 attacks. Such tined to stay; and number three, to for the Elderly. As ombudswoman, she an act of deliberate killing of innocent bankrupt America through excessive has unusual latitude for a public serv- lives deserves retribution. It is good military spending, as he did to the So- ant in the current government to speak that bin Laden is dead and justice is viets. The best thing we can do is prove the truth about what she hears and served. Targeted retribution is far su- bin Laden to be a false prophet. sees from senior citizens across the is- perior to wars of aggression and na- We must learn from this recent his- land. Her term is 14 years, longer than tion-building. tory. Tragically, one result may be the that of the Governor’s, and the money In 2001, I supported giving the Presi- acceptance of torture as a legitimate to her office comes mainly from the dent authority to punish those respon- tool for pursuing our foreign policy. A Federal Government, from the Older

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

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VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.000 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3004 CONGRESSIONAL RECORD — HOUSE May 4, 2011 Americans Act, so that she is incor- farmer. Although he has been harassed OPPEA, upon attending to the needs of ruptible, unassailable, and, thank God, since last year, Mr. Guzman does not this specific population, acts as an enabling untouchable. know how to read and can barely write. agent in the search for a better quality of She presented me with a series of let- life for these residents, who on occasion are b 1010 deprived of their civil and human rights as ters she wrote to Attorney General members of our society for which it receives Eric Holder and to other Federal agen- He does not need to fully be educated, however, to know the difference substantial federal funds. As a matter of cies and Puerto Rican officials. They fact, OPPEA receives 90% of its budget from are based on sworn affidavits from sen- between right and wrong. If only choos- federal sources. ior citizens residing in four towns in ing between right and wrong would The creation of this office serves the pur- the path of the proposed pipeline in come that easy to the ruling party of pose of reaffirming the importance of the el- Puerto Rico, describing how local sen- Puerto Rico. derly citizens in our country, guaranteeing iors are being pressured and intimi- I want to make it clear to you, Mr. their full enjoyment of the rights and pre- rogatives which they are entitled to. dated into signing over their property Speaker, and to this body and to Attor- ORGANIZATION for the pipeline’s supposed unapproved ney General Eric Holder that these are OPPEA was created through local public right-of-way. not powerful men and women. They are not legal scholars or real estate ex- Law Number 203, dated August 7, 2004, as a Mrs. Lopez Leon believes that ‘‘repet- governmental organism responsible for es- itive violations of the Older Americans perts. But they have made simple pleas tablishing public policy, planning and co- Act have become a danger to the lives, to the court and their complaints ordinating with other public agencies the de- health, rights, and property of the el- should be heard. They are worried that sign and development of projects and pro- derly population of Puerto Rico.’’ they will lose their homes and they grams in order to attend basic needs of the She describes illegal trespassing into will lose their crops which sustain elderly population, establishing the rights of properties of the elderly under the false them because of the laws and legal ma- the elderly people, in order to help them at- pretext of measuring a nonexistent neuvers they do not understand. They tain an enjoyable and productive life and are U.S. citizens and need our help. their maximum possible participation in right-of-way, illegal trespassing into community affairs. All funds, equipment per- the homes of the elderly with the I plan to post all of the affidavits I sonnel and other assets and liabilities pre- fraudulent pretense to generate a writ- have already received, along with hun- viously managed by OGAVE (Governor’s Of- ten authorization from the elderly to dreds of pages I have received from fice for Elderly Affairs) were transferred to allow and permit a consented purchase Federal agencies under the Freedom of OPPEA as a result of the above law. of the property to the Commonwealth Information Act, on my Web site. The OPPEA is the local organism responsible of Puerto Rico and the energy company more light that is shined on this for planning and coordinating all matters related to federal awards received from federal well below market value of the prop- project, Mr. Speaker, the more it reflects back a dark story of secrets, laws for the purpose of attending the prob- erty without granting the elderly the lems of the elderly population. opportunity to seek counsel, a recent strong-arming, and shortcuts. I plan to OPPEA is also the agency designated to appraisal, or to contest the eminent continue shining my light and making administer and implement the federal pro- domain procedure which they are as much information public as possible grams of federal public Law 89–73 dated July threatened with if they do not grant ‘‘a so that the voice of the people of Puer- 14, 1965, as amended, known as ‘‘Older Ameri- voluntary consent to sell their prop- to Rico is heard. cans Act.’’ It can also be designated by the erties.’’ Mr. Speaker, I will place in the Governor of Puerto Rico as the local agency in charge of any other federal awards des- RECORD the affidavits presented in These 41 affidavits are from four tined for elderly programs. towns on the route of the proposed gas- court in Puerto Rico from 18 senior Local public Law Number 203 permits oline; Adjuntas, Penuelas, Utuado and citizens in Toa Baja, 10 senior citizens OPPEA to design programs in order to pro- Toa Baja. I would like to first talk in Adjuntas, 4 senior citizens in vide possible work opportunities and train- about one of them, because I will read Penuelas, and 9 senior citizens in ing and re-training to elderly citizens. Also, some short translations from some Utuado, along with the correspondence it offers alternatives in order for elderly peo- chilling stories that we have gathered from the Puerto Rico Office of the Om- ple to join actively in the community and, budsman, an office funded by the Fed- for those able to, to provide consultative or here. professional services to the community. The first one is from Antonia eral Government, an official 14-year OPPEA operates under an Ombudsman Santiago Cabrera, 69, from Adjuntas, standing agency of the Government of named by the Governor of Puerto Rico, with Puerto Rico, who is in this picture. By Puerto Rico. the consent and advice of the Senate of Puer- the way, she was born in this home 69 The forty-one sworn affidavits in to Rico for a fixed term of 14 years with the years ago. Spanish and other documents in responsibility of organizing and directing the She says, ‘‘The helicopters of the en- English and Spanish related to the functions of the Office. The current Ombuds- ergy company constantly fly over my Gasoducto pipeline project are posted man is appearing Plaintiff, Hon. Rossana Lo´ pez Leo´ n whose term expires on 2014. residence and they do so at a low alti- on Rep. GUTIERREZ’website:http:// Other functions and duties of OPPEA are: tude, disturbing my tranquility. Since www.gutierrez.house.gov/ a. Encourage participation of citizens in my home is built of tin and wood,’’ as index.php?option=comlcontent &view the development and implementation of pro- you see in the picture, ‘‘when the heli- =article&id=662&Itemid=73. grams and projects for the elderly people; b. Provide technical advice and guidelines copters hover, my entire house trem- COMMONWEALTH OF PUERTO RICO, to other public agencies and/or private insti- bles. That has generated much anxiety PUERTO RICO OFFICE OF THE OM- tutions who request them in order for them in me, and for this reason I had to visit BUDSMAN FOR THE ELDERLY, to improve the services they render to elder- my primary doctor and have had to San Juan, Puerto Rico, April 25, 2011. Re: Complaint by the Puerto Rico Office of ly citizens; take medication for my nerves and my c. Organize and prepare conferences and the Ombudsman for the Elderly Against heart condition has even worsened.’’ seminars, and perform studies and investiga- The Commonwealth of Puerto Rico and tions, by themselves or in coordination with Then there is Lucrecia Maldonado The Puerto Rico Energy Power Author- other public agencies or private entities, in Rentas. She is 82 years old and is pic- ity. tured in front of her house with her sis- order to develop new approaches and meth- Hon. ERIC HOLDER, ter Gloria. She says, ‘‘The letters I re- ods, and the development of the necessary U.S. Department of Justice, Civil Rights Divi- personnel to provide services to the elderly ceived were written to pretend to be a sion, Office of the Assistant Attorney Gen- population; study to be conducted on the needs of eral, Main, Washington, DC. d. Compile, accumulate and analyze all the population and it ended up being DEAR SIR: The Puerto Rico Office of the statistical data necessary for the planning, one about natural gas, the pipeline and Ombudsman for the Elderly (hereinafter coordination and the development of a public the expropriation process of the Barrio OPPEA) represented by the undersigned, policy related to elderly affairs, that re- Portugues community in Adjuntas, Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit sponds to the needs of the particular moon aging of Puerto Rico’’ in charge of enact- Puerto Rico. In them the process of ex- ment; ing the Older Americans Act by virtue of the e. Educate the community regarding the propriation is presented, but it is not provisions of Act No. 203 of August 7, 2004, as elderly affairs in order to create a positive explained. I do not understand it.’’ well as by the ‘‘Bill of Rights for Aged Per- attitude towards the elderly population; Then there is Mr. Luis Guzman. We sons in Puerto Rico,’’ Act No. 121 of July 12, f. Provide information to elderly people re- don’t have a picture of the 67-year-old 1986, as amended. garding the services, benefits, programs and

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activities that public agencies and private COMMONWEALTH OF PUERTO RICO, the Commonwealth and the budgeted funds entities offer; and PUERTO RICO OFFICE OF THE OM- of PREPA which are being used illegally to g. Recommend to the Governor of Puerto BUDSMAN FOR THE ELDERLY, fund a project which has not even received San Juan, Puerto Rico, April 25, 2011. the proper permits by federal agencies in Rico and the Legislative Assembly those pro- Re: Complaint by The Puerto Rico Office Of order to commence the construction of the cedures they believe necessary in order to at- The Ombudsman For The Elderly project, wish to formally file a Complaint be- tend the problems and necessities of the el- Against The Commonwealth of Puerto fore your agency. derly community. Rico and The Puerto Rico Energy Power Our client has sworn statements from h. Attend to grievances brought by elderly Authority. many of the elderly population being seri- citizens, including the imposition of fines Hon. YESMIN M. VALDIVIESO, ously affected by the actions undertaken by and the compensation for damages. Oficina del Contralor de Puerto Rico, Estado Commonwealth and PREPA as well as a psychological study of the adverse effect that Now, The Commonwealth of Puerto Rico Libre Asociado De Puerto Rico, San Juan, these actions have caused on the general el- (hereinafter ELA) in cohort with the Puerto PR. derly population of the areas impacted by Rico Energy Power Agency (hereinafter DEAR SIR: The Puerto Rico Office Of The Ombudsman For The Elderly (herein after the Via Verde project. PREPA) have placed into action a project, After the investigation we are confident The Via Verde Pipeline, which is a planned OPPEA) represented by the undersigned, Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit that your Department will have reasonable natural gas network to supply energy from cause to believe that the Commonwealth and north to south in Puerto Rico, a project of on aging of Puerto Rico’’ in charge of enacting the Older Americans Act by virtue of the PREPA are engaged in a pattern or practice Governor Luis Fortun˜ o. provisions of Act No. 203 of August 7, 2004, as of illegally using public funds for the Via The pipeline will distribute natural gas well as by the ‘‘Bill of Rights for Aged Per- Verde project. from the Pen˜ uelas/Guayanilla area north to sons in Puerto Rico’’, Act No. 121 of July 12, If you have any doubts or questions, please the Arecibo Cambalache Plant on to Palo 1986, as amended. feel free to contact us at (787) 721–6121. Seco/San Juan. OPPEA, upon attending to the needs of ROSSANA LO´ PEZ LEO´ N, MSG, Ombudsman for the Elderly. ‘‘Via Verde’’ will negatively impact forest this specific population, acts as an enabling areas, hydrographic basins, lands fit for agri- agent in the search for a better quality of life for these residents, who on occasion are COMMONWEALTH OF PUERTO RICO, culture, and the all-important and endan- deprived of their civil and human rights as PUERTO RICO OFFICE OF THE OM- gered karstic region of northern Puerto members of our society for which it receives BUDSMAN FOR THE ELDERLY Rico. It will also represent further depend- substantial federal funds. As a matter of San Juan, Puerto Rico, April 25 2011. ence on another form of fossil fuel that, fact, OPPEA receives 90% of its budget from Re Complaint by The Puerto Rico Office Of while less polluting than the current oil federal sources. The Ombudsman For The Elderly based system of electricity generation, will The creation of this office serves the pur- Against The Commonwealth of Puerto still contribute to global warming. pose of reaffirming the importance of the el- Rico and The Puerto Rico Energy Power Furthermore, more than 200 elderly indi- derly citizens in our country, guaranteeing Authority. viduals, under the protection of the Older their full enjoyment of the rights and pre- Hon. J. RANDOLPH BABBITT, Americans Act are being affected and their rogatives which they are entitled to. U.S. Department of Transportation, Federal rights under that federal statute and the OPPEA is also the agency designated to Aviation Administration, Washington, DC. Constitution being breached and violated by administer and implement the federal pro- FANNY RIVERA, Commonwealth and PREPA. grams of federal public Law 89–73 dated July U.S. Department of Transportation, Federal 14, 1965, as amended, known as ‘‘Older Ameri- Aviation Administration, Washington, DC. These repetitive violations have become a cans Act’’. It can also be designated by the MARGARET GILLIGAN, danger to the lives, health, rights and prop- Governor of Puerto Rico as the local agency U.S. Department of Transportation, Federal erty of the elderly population of the sector in charge of any other federal awards des- Aviation Administration, Washington, DC. being impacted by the Via Verde project by tined for elderly programs. SAN JUAN, PUERTO RICO FSDO, way of illegal trespassing into the properties Now, The Commonwealth of Puerto Rico San Juan, Puerto Rico. of the elderly under the false pretext of (herein after Commonwealth) in cohort with DEAR SIR: The Puerto Rico Office Of The measuring a non existing right of way, ille- the Puerto Rico Energy Power Agency (here- Ombudsman For The Elderly (herein after gal trespassing into the homes of the elderly in after PREPA) have placed into action a OPPEA), represented by the undersigned, with fraudulent pretenses to generate a writ- project called The Vı´a Verde Pipeline which Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit ten authorization from the elderly to allow is a planned natural gas network to supply on aging of Puerto Rico’’ in charge of enact- and permit a consented purchase of their energy from north to south in Puerto Rico a ing the Older Americans Act by virtue of the property to the Commonwealth and PREPA project of Governor Luis Fortun˜ o. provisions of Act No. 203 of August 7, 2004, as well below market value of the property, The pipeline will distribute natural gas well as by the ‘‘Bill of Rights for Aged Per- without granting the elderly the opportunity from the Pen˜ uelas/Guayanilla area north to sons in Puerto Rico’’, Act No. 121 of July 12, to seek counsel, a recent appraisal of their the Arecibo Cambalache Plant on to Palo 1986, as amended. property or to contest the eminent domain Seco/San Juan. OPPEA, upon attending to the needs of procedure which they are threatened with if ‘‘Via Verde’’ will negatively impact forest this specific population, acts as an enabling they do not grant a ‘‘voluntary’’ consent to areas, hydrographic basins, lands fit for agri- agent in the search for a better quality of sell their properties. culture, and the all-important and endan- life for these residents, who on occasion are gered karstic region of northern Puerto deprived of their civil and human rights as Furthermore, the elderly population is Rico. members of our society for which it receives being targeted with a psychological ‘‘war- Moreover, it should be public notice that substantial federal funds. As a matter of fare’’ tactic through constant ‘‘buzzing’’ of the Government of Puerto Rico has not only fact, OPPEA receives 90% of its budget from low flying Commonwealth and Under- already spent millions of dollars from state federal sources. standing that these actions and policies are public coffers but also from federal sources The creation of this office serves the pur- an open violation of the Civil Rights Act, the like ARRA and has reauthorized multi- pose of reaffirming the importance of the el- Americans with Disabilities Act and the Age million dollar contracts for the purchase of derly citizens in our country, guaranteeing Discrimination in Employment Act, among land, materials (gas pipeline) and the con- their full enjoyment of the rights and pre- others, we request a formal criminal and struction of the gas pipeline itself, without rogatives which they are entitled to. civil investigation from your Department. the appropriate permits from the U.S. Corps OPPEA is also the agency designated to After the investigation we are confident of Engineers, U.S. Wildlife and Fisheries and administer and implement the federal pro- that your Department will have reasonable other relevant federal agencies. Thus, this grams of federal public Law 89–73 dated July cause to believe that any person or group of project which is being constructed is illegal 14, 1965, as amended, known as ‘‘Older Ameri- persons is engaged in a pattern or practice of for lack of appropriate permits. cans Act’’. It can also be designated by the This situation is not only contrary to the resistance to the full enjoyment of any of Governor of Puerto Rico as the local agency Law 230 of July 31, 1974 (3 L.P.R. secc. 283) as in charge of any other federal awards des- the rights secured by the law, and that the amended, also known as the Puerto Rico Ac- tined for elderly programs. pattern or practice is of such a nature and is counting Law, but also in direct contrast to Now, The Commonwealth of Puerto Rico intended to deny the full exercise of the Law 96 of June 26, 1964 as amended. See also (herein after Commonwealth) in cohort with rights of our client and of many others num- the Opinions of the Justice Secretary of the Puerto Rico Energy Power Agency (here- bering in the thousands. Puerto Rico number 2010–15 and H.M.C.A. in after PREPA) have placed into action a If you have any doubts or questions, please (P.R.) Inc et al v. Contralor 126 D.P.R. 478 project denominated The Vı´a Verde Pipeline do not hesitate to contact us at (787) 721–6121. (1990). which is a planned natural gas network to Cordially, Furthermore, the 800,000 elderly residents supply liquefied gas from north to south in ROSSANA LO´ PEZ LEO´ N, MSG, of Puerto Rico, which we represent and have Puerto Rico, a project of Governor Luis Ombudsman for the Elderly. and are contributing to the General Fund of Fortun˜ o.

VerDate Mar 15 2010 04:36 May 05, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.014 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3006 CONGRESSIONAL RECORD — HOUSE May 4, 2011 The pipeline will distribute natural gas These flights have been occurring since the members of our society for which it receives from the Pen˜ uelas/Guayanilla area north to last six months almost every Monday, substantial federal funds. As a matter of the Arecibo Cambalache Plant on to Palo Wednesday and Friday. fact, OPPEA receives 90% of its budget from Seco/San Juan. These flights have been occurring in the federal sources. ‘‘Via Verde’’ will negatively impact forest area of Adjuntas, Orocovis and Penuelas, The creation of this office serves the pur- areas, hydrographic basins, lands fit for agri- Puerto Rico. The aircrafts have been flying pose of reaffirming the importance of the el- culture, and the all-important and endan- in no particular direction since they are derly citizens in our country, guaranteeing gered karstic region of northern Puerto ‘‘buzzing’’ the residents within the area or their full enjoyment of the rights and pre- Rico. sites where the Via Verde gas pipeline rogatives which they are entitled to. Furthermore, more than 200 elderly indi- project is to be constructed. ORGANIZATION viduals, under the protection of the Older The color of the aircrafts are plainly visi- OPPEA was created through local public American Act are being affected and their ble in the photographs attached. Law Number 203, dated August 7, 2004, as a rights under that federal statute and the The altitude in which these flights regu- governmental organism responsible for es- Constitution being breached and violated by larly occur are below the 500 feet tarmac tablishing public policy, planning and co- Commonwealth and PREPA. limit imposed by the CFR cited above. The ordinating with other public agencies the de- These repetitive violations have become a flight below the limit was estimated on the sign and development of projects and pro- danger to the lives, health, rights and prop- remaining distance between the roof of the grams in order to attend basic needs of the erty of the elderly population of the sector houses in which the ‘‘sitting’’ and the ‘‘buzz- elderly population, establishing the rights of being impacted by the Via Verde project by ing’’ was being performed by the pilots of the the elderly people, in order to help them at- way of illegal trespassing into the properties aircrafts operated by the Commonwealth and tain an enjoyable and productive life and of the elderly under the false pretext of PREPA. their maximum possible participation in measuring a non existing right of way, ille- Some of the witnesses submitted sworn community affairs. All funds, equipment, gal trespassing into the homes of the elderly statements which are at your disposal for in- personnel and other assets and liabilities with fraudulent pretenses to generate a writ- clusion in the investigative process. The previously managed by OGAVE (Governor’s ten authorization from the elderly to allow names, addresses and telephone numbers are Office for Elderly Affairs) were transferred and permit a consented purchase of their included in this Complaint for your perusal. to OPPEA as a result of the above law. property to the Commonwealth and PREPA More photographs and statements will be OPPEA is the local organism responsible well below market value of the property, made available to you as soon as they are ob- for planning and coordinating all matters related to federal awards received from federal without granting the elderly the opportunity tained from our clients. laws for the purpose of attending the prob- to seek counsel, a recent appraisal of their We understand that some elderly residents property or to contest the eminent domain lems of the elderly population. in the towns of Penuelas, Utuado and OPPEA is also the agency designated to procedure which they are threatened with if Adjuntas did file complaints before the Puer- they do not grant a ‘‘voluntary’’ consent to administer and implement the federal pro- to Rico Police Department and therefore the grams of federal public Law 89–73 dated July sell their properties. criminal complaints will be submitted as Furthermore, the elderly population is 14, 1965, as amended, known as ‘‘Older Ameri- soon as we obtain a certified copy from the cans Act’’. It can also be designated by the being targeted with a psychological ‘‘war- Police Department. fare’’ tactic through constant ‘‘buzzing’’ of Governor of Puerto Rico as the local agency Understanding that these actions and poli- in charge of any other federal awards des- low flying Commonwealth and PREPA heli- cies are an open violation of the Civil Rights copters, some of which ‘‘sit’’ on top of the el- tined for elderly programs. Act, the Older American Act and the federal Local public Law Number 203 permits derly individuals residences for a prolonged statutes and regulations of which you are OPPEA to design programs in order to pro- period of time without any apparent reason particularly in charge of administering, we vide possible work opportunities and train- or motive, but to scare and cause fear in peo- request a formal criminal and civil inves- ing and re-training to elderly citizens. Also, ple of 80 or 90 years old with cardiac and hy- tigation from your Department. it offers alternatives in order for elderly peo- pertensive medical conditions which, in After the investigation we are confident ple to join actively in the community and, many cases have never been outside the that your Department will have reasonable for those able to, to provide consultative or rural areas and therefore never been exposed cause to believe that the Commonwealth and professional services to the community. to a helicopters noise and ‘‘buzzing’’. These PREPA are engaged in a pattern or practice OPPEA operates under an Ombudsman ‘‘buzzing’’ flights are being conducted day of violating the FAA regulations and the named by the Governor of Puerto Rico, with and intermittently at night under the 500 rights of the elderly population impacted by the consent and advice of the Senate of Puer- feet limit without any cause or reasonable the Via Verde Project and that the pattern to Rico for a fixed term of 14 years with the explanation. or practice is of such a nature that it is in- responsibility of organizing and directing the Title 14, Code of Federal Regulations, Sec- tended to deny the full exercise of the rights functions of the Office. The current Ombuds- tion 91.119 of the General Operating and of our client and of many others numbering man is appearing Plaintiff, Hon. Rossana Flight Rules specifically prohibits low-flying in the thousands. Lo´ pez Leo´ n whose term expires on 2014. aircraft, except when necessary for takeoff If you have any doubts or questions, please Other functions and duties of OPPEA are: or landing, over any congested area of a city, a. Encourage participation of citizens in do not hesitate to contact us at (787) 721–6121. town, or settlement, or over any open air as- the development and implementation of pro- Cordially, sembly of persons, an altitude of 1,000 feet grams and projects for the elderly people; ROSSANA LO´ PEZ LEO´ N, MSG, above the highest obstacle within a hori- b. Provide technical advice and guidelines Ombudsman for the Elderly. zontal radius of 2,000 feet of the aircraft, to other public agencies and/or private insti- over other than congested areas, over an al- tutions who request them in order for them COMMONWEALTH OF PUERTO RICO, titude of 500 feet above the surface except to improve the services they render to elder- PUERTO RICO OFFICE OF THE OM- over open water or sparsely populated areas. ly citizens; BUDSMAN FOR THE ELDERLY In the latter case, the aircraft may not be c. Organize and prepare conferences and San Juan, Puerto Rico, April 26, 2011. operated closer than 500 feet to any person, seminars, and perform studies and investiga- Re Complaint by the Puerto Rico Office of vessel, vehicle, or structure. This rule of tions, by themselves or in coordination with the Ombudsman for the Elderly Against other public agencies or private entities, in thumb applies to Helicopters which may be the Commonwealth of Puerto Rico and order to develop new approaches and meth- operated at less than the minimums pre- the Puerto Rico Energy Power Author- ods, and the development of the necessary scribed above, if and only if, the operation is ity. personnel to provide services to the elderly conducted without hazard to persons or prop- Mr. GENE L. DODARO, population; erty on the surface. d. Compile, accumulate and analyze all Comptroller General, Government Account- OPPEA has sworn statements from many statistical data necessary for the planning, ability Office, Washington, DC. of the elderly population being seriously af- coordination and the development of a public DEAR SIR: The Puerto Rico Office of the fected by the actions undertaken by Com- policy related to elderly affairs, that re- Ombudsman for the Elderly (hereinafter monwealth and PREPA as well as a psycho- sponds to the needs of the particular mo- logical study of the adverse effect that these OPPEA) represented by the undersigned, ment; actions have caused on the general elderly Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit e. Educate the community regarding the population of the areas impacted by the Via on aging of Puerto Rico’’ in charge of enact- elderly affairs in order to create a positive Verde project. ing the Older Americans Act by virtue of the attitude towards the elderly population; Identification: The civilian helicopters in- provisions of Act No. 203 of August 7, 2004, as f. Provide information to elderly people re- volved in the ‘‘buzzing’’ flights are readily well as by the ‘‘Bill of Rights for Aged Per- garding the services, benefits, programs and identifiable since they bear the markings of sons in Puerto Rico’’, Act No. 121 of July 12, activities that public agencies and private PREPA or are being rented by PREPA or its 1986, as amended. entities offer; and agents or subcontractor, New Star Acquisi- OPPEA, upon attending to the needs of g. Recommend to the Governor of Puerto tions. The ‘‘buzzing’’ flights are being per- this specific population, acts as an enabling Rico and the Legislative Assembly those pro- formed under the 500 feet limit as per the agent in the search for a better quality of cedures they believe necessary in order to at- above mentioned CFR, by aircraft number life for these residents, who on occasion are tend the problems and necessities of the el- N5800, N5854, and N5842. deprived of their civil and human rights as derly community.

VerDate Mar 15 2010 04:48 May 05, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.016 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3007 h. Attend to grievances brought by elderly reservoirs that are a huge part of the under- life for these residents, who on occasion are citizens, including the imposition of fines ground karstic region. It has been evidenced deprived of their civil and human rights as and the compensation for damages. by the detractors of the Via Verde project members of our society for which it receives Now, the Commonwealth of Puerto Rico that the underground water supply will be substantial federal funds. As a matter of (hereinafter ELA) in cohort with the Puerto contaminated by bentonite, polymers, fact, OPPEA receives 90% of its budget from Rico Energy Power Agency (hereinafter surfactants and dye tracers which would federal sources. PREPA) have placed into action a project, render the underground water supply con- The creation of this office serves the pur- The Vı´a Verde Pipeline, which is a planned taminated and useless for human consump- pose of reaffirming the importance of the el- natural gas network to supply energy from tion. The Corps must be aware that there is derly citizens in our country, guaranteeing north to south in Puerto Rico, a project of no other source of water for these elderly their full enjoyment of the rights and pre- Governor Luis Fortun˜ o. residents of the region since in many parts of rogatives which they are entitled to. The pipeline will distribute natural gas the rural regions where they reside the Com- OPPEA is also the agency designated to from the Pen˜ uelas/Guayanilla area north to monwealth does not provide a source of administer and implement the federal pro- the Arecibo Cambalache Plant on to Palo water. grams of federal public Law 89–73 dated July Seco/San Juan. Moreover, it should be public notice that 14, 1965, as amended, known as ‘‘Older Ameri- ‘‘Via Verde’’ will negatively impact forest the Government of Puerto Rico has not only cans Act’’. It can also be designated by the areas, hydrographic basins, lands fit for agri- already spent millions of dollars from state Governor of Puerto Rico as the local agency culture, and the all-important and endan- public coffers but also from federal sources in charge of any other federal awards des- gered karstic region of northern Puerto like ARRA and has authorized multimillion tined for elderly programs. Rico. It will also represent further depend- dollar contracts for the purchase of land, Now, The Commonwealth of Puerto Rico ence on another form of fossil fuel that, materials (gas pipeline) and the construction (herein after Commonwealth) in cohort with while less polluting than the current oil of the gas pipeline itself, without the appro- the Puerto Rico Energy Power Agency (here- based system of electricity generation, will priate permits from the U.S. Corps of Engi- in after PREPA) have placed into action a still contribute to global warming. neers, U.S. Wildlife and Fisheries and other project called The Via Verde Pipeline (appli- Furthermore, more than 200 elderly indi- relevant federal agencies. Thus, this project cation of reference) which is a planned nat- viduals, under the protection of the Older which is being constructed is illegal for lack ural gas network to supply energy from American Act are being affected and their of appropriate permits. north to south in Puerto Rico, a project of rights under that federal statute and the This situation is not only contrary to the Governor Luis Fortun˜ o. Constitution being breached and violated by Law 230 of July 31, 1974 (3 L.P.R. secc. 283) as The pipeline will distribute natural gas Commonwealth and PREPA. amended, also known as the Puerto Rico Ac- from the Pen˜ uelas/Guayanilla area north to These repetitive violations have become a counting Law, but also in direct contrast to the Arecibo Cambalache Plant on to Palo danger to the lives, health, rights and prop- Law 96 of June 26, 1964 as amended. See also Seco/San Juan. erty of the elderly population of the sector the Opinions of the Justice Secretary of ‘‘Via Verde’’ will negatively impact forest being impacted by the Via Verde project by Puerto Rico number 2010–15 and H.M.C.A. areas, hydrographic basins, lands fit for agri- way of illegal trespassing into the properties (P.R.) Inc et al. v. Contralor 126 D.P.R. 478 culture, and the all-important and endan- of the elderly under the false pretext of (1990). gered karstic region of northern Puerto Rico measuring a nonexisting right of way, illegal Understanding that these actions and poli- as your letter of December 22, 2010 sent to trespassing into the homes of the elderly cies are an open violation of the Civil Rights PREPA has underscored. with fraudulent pretenses to generate a writ- Act, the Americans with Disabilities Act and Furthermore, more than 200 elderly indi- ten authorization from the elderly to allow the Age Discrimination in Employment Act, viduals, under the protection of the Older and permit a consented purchase of their among others, we request a formal criminal American Act, residing for more than 30 property to the Commonwealth and PREPA and civil investigation from your Depart- years in the area to be impacted by the Via well below market value of the property, ment. Verde project are being and will be adversely without granting the elderly the opportunity After the investigation we are confident affected and their rights under federal stat- to seek counsel, a recent appraisal of their that your Department will have reasonable utes and regulations breached and violated property or to contest the eminent domain cause to believe that any person or group of by Commonwealth and PREPA. procedure which they are threatened with if These repetitive violations have become a persons is engaged in a pattern or practice of they do not grant a ‘‘voluntary’’ consent to danger to the lives, health, rights and prop- resistance to the full enjoyment of any of sell their properties. erty of the elderly population of the sector the rights secured by the law, and that the Furthermore, the elderly population is being impacted by the Via Verde project by pattern or practice is of such a nature and is being targeted with a psychological ‘‘war- way of illegal trespassing into the properties intended to deny the full exercise of the fare’’ tactic through constant ‘‘buzzing’’ of of the elderly under the false pretext of rights of our client and of many others num- low flying Commonwealth and PREPA heli- measuring a non existing right of way, ille- bering in the thousands. copters, some of which ‘‘sit’’ on top of the el- gal trespassing into the homes of the elderly If you have any doubts or questions, please derly individuals’ residences for a prolong with fraudulent pretenses to generate a writ- do not hesitate to contact us. period of time without any apparent reason ten authorization from the elderly to allow Cordially, or motive, but to scare and cause fear in peo- and permit a consented purchase of their ROSSANA LO´ PEZ LEON´ , MSG, ple of 80 or 90 years old with cardiac and hy- property to the Commonwealth and PREPA Ombudsman for the Elderly. pertensive medical conditions which, in well below market value of the property, many cases have never been outside the without granting the elderly the opportunity COMMONWEALTH OF PUERTO RICO, rural areas and therefore never been exposed to seek counsel, a recent appraisal of their PUERTO RICO OFFICE OF THE OM- to a helicopter’s noise and ‘‘buzzing’’. These property or to contest the eminent domain BUDSMAN FOR THE ELDERLY, ‘‘buzzing’’ flights are being conducted day procedure which they are threatened with if San Juan, Puerto Rico, April 25, 2011. and intermittently at night under the 500 they do not grant a ‘‘voluntary’’ consent to Re: Complaint by The Puerto Rico Office Of feet limit without any cause or reasonable sell their properties. explanation. The Ombudsman For The Elderly Furthermore, most of the elderly popu- These repetitive violations have become a Against The Commonwealth of Puerto lation residing in the impacted areas receive danger to the lives, health, rights and prop- Rico and The Puerto Rico Energy Power their water supply from private or public erty of the elderly population of the sector Authority. reservoirs that are a huge part of the under- being impacted by the Via Verde project by U.S. ARMY CORPS OF ENGINEERS, ground karstic region. It has been evidenced way of illegal trespassing into the properties South Atlantic Division, by the detractors of the Via Verde project of the elderly under the false pretext of Jacksonville, FL. that the underground water supply will be measuring a nonexisting right of way, illegal U.S. ARMY CORPS OF ENGINEERS, contaminated by bentonite, polymers, trespassing into the homes of the elderly South Atlantic Division, surfactants and dye tracers which would with fraudulent pretenses to generate a writ- Atlanta, Georgia. render the underground water supply con- ten authorization from the elderly to allow DEAR SIR: The Puerto Rico Office Of The taminated and useless for human consump- and permit a consented purchase of their Ombudsman For The Elderly (herein after tion. The Corps must be aware that there no property to the Commonwealth and PREPA OPPEA) represented by the undersigned, other source of water for these elderly resi- well below market value of the property, Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit dents of the region since in many parts of without granting the elderly the opportunity on aging of Puerto Rico’’ in charge of enact- the rural regions where they reside the Com- to seek counsel, a recent appraisal of their ing the Older Americans Act by virtue of the monwealth does not provide a source of property or to contest the eminent domain provisions of Act No. 203 of August 7, 2004, as water. procedure which they are threatened with if well as by the ‘‘Bill of Rights for Aged Per- Moreover, although alternative sites or they do not grant a ‘‘voluntary’’ consent to sons in Puerto Rico’’, Act No. 121 of July 12, projects have been proposed to the Common- sell their properties. 1986, as amended. wealth, to no avail. Furthermore, most of the elderly popu- OPPEA, upon attending to the needs of Our client has sworn statements from lation residing in the impacted areas receive this specific population, acts as an enabling many of the elderly population being seri- their water supply from private or public agent in the search for a better quality of ously affected by the actions undertaken by

VerDate Mar 15 2010 04:48 May 05, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.019 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3008 CONGRESSIONAL RECORD — HOUSE May 4, 2011 Commonwealth and PREPA as well as a psy- Mr. QUIGLEY. Mr. Speaker, in the H.R. 1229 and H.R. 1230 supplant our chological study of the adverse effect that great debate over oil and gas prices, national environmental policies, tell these actions have caused on the general el- there are actually many things we can residents along our coasts we don’t derly population of the areas impacted by all agree on. We agree our dependence care how they feel about drilling in the Via Verde project. Understanding that these actions and poli- on foreign oil endangers our environ- their waters, damage the ecosystems cies are an open violation of the Older Amer- ment, hurts our economy, and weakens the industries along our coasts rely on, ican Act and the federal statutes and regula- our national security. Our disagree- and go against what military experts tions of which you are particularly in charge ment lies in potential solutions. have been saying about drilling. of administering, we request a formal filing I believe that in order to lower gas Just weeks ago, several former mili- of this complaint before the Corps. prices, we can and must crack down on tary officers shared their thoughts and If you have any doubts or questions, please oil speculators, end Big Oil handouts, concern. ‘‘America’s dependence on oil do not hesitate to contact our office at (787) invest in public transit and electric ve- constitutes a clear and present danger 721–6121. Cordially, hicles, and increase corporate average to the security and welfare of the ROSSANA LO´ PEZ LEO´ N, MSG, fuel economy standards. The other side United States.’’ And they continue to Ombudsman for the Elderly. of the argument would have you be- say they are concerned with congres- lieve that all we need to do is increase sional efforts to undermine the agen- f our domestic oil resources and remove cies charged with overseeing extrac- ABORTION DEBATE regulations—regulations that purport- tion. What they are saying is it’s im- The SPEAKER pro tempore. The edly forced us to look outside our Na- portant to reduce our dependence on Chair recognizes the gentleman from tion’s borders for oil. foreign oil for our national security’s Our answers do not lie in more oil. sake, and it’s important to retain regu- Oklahoma (Mr. LANKFORD) for 5 minutes. Our answers lie in conservation and latory authority to oversee drilling and Mr. LANKFORD. Abortion is one of smart investments. extraction of oil and gas. Then, you fol- Talk about smart investment—every the most divisive issues in America. low that it’s important to regulate our increase of 1 mile per gallon in auto One side sees the child in the womb as extraction in order to protect our Na- fuel efficiency yields more oil than can nothing but tissue, like a skin mole, tion. be found in two Arctic National Wild- and no one should tell a women when These bills do not offer solutions. life Refuges. An improvement right and if she can have an unnecessary and And what is worse, a full year fol- now of 2.7 miles per gallon would elimi- inconvenient tissue removed from her lowing the disaster of the Macondo/ nate our need for all Persian Gulf oil. body. The other side looks at that ‘‘tis- Deepwater well, we have yet to reform But it’s not a question of simple do- our Outer Continental Shelf policy. sue’’ in the womb and sees it sucking mestic supply and demand either, an- its thumb, reacting to her mother sing- But, again, you don’t need to take my other argument the other side of this word for it. ing, and possessing unique DNA, and issue will use. Oil prices are set on a asks the question: How can that not be The U.S. Energy Information Admin- global oil market. Historically, such istration put out a 2009 report com- a child? small increases in U.S. production have The debate about life will not be re- paring the difference between full, un- had little or no impact on world oil restricted offshore drilling and resolved today, though for the sake of prices. millions of children who will die in the stricted offshore drilling. EIA found The U.S. Energy Information Admin- that in 2020, restrictions on drilling womb in abortion clinics, I wish it istration, or EIA, states in a 2008 report could have been resolved yesterday. versus unrestricted access had no im- that Arctic Refuge oil production ‘‘is pact on cost. The cost per barrel was H.R. 3, which we will be discussing all not expected to have a large impact on day today asks the question: Should identical. In 2030, indiscriminate drill- world oil prices,’’ noting that OPEC ing would lower our gas prices by just the Federal Government ever use tax- ‘‘could neutralize any potential price payer dollars to pay for or supplement 3 cents. impact of ANWR coastal plain produc- Take the calls for drilling in the Arc- abortions? tion by reducing its exports by an tic Refuge as another example. Even at When the Nation is so divided over equal amount.’’ peak production in 2030, Arctic Refuge this issue, isn’t it common sense not to Again, our answer does not lie in in- oil would account for six-tenths of 1 force a person who is passionately op- creased domestic oil production. Our percent of world oil production and posed to the death of the unborn to as- answer lies in conservation and in a only 2.4 percent of U.S. oil consump- sist in paying for the procedure? solid commitment to investment in re- tion. H.R. 3 also protects the conscience of newable energy resources. We can proactively move our Nation health care providers to not be forced Recent increases in conservation and toward reducing our dependence on for- to perform a procedure that they be- use of alternative technologies has cut eign oil so that we can take control of lieve violates their most basic oath: Do our Nation’s projected need for im- our energy future, protect our Nation, no harm. ported oil between now and 2050 by our economy, and our environment. Each year, this Congress votes to more than 100 billion barrels. That’s 10 And we must. prohibit abortion funding through our times more benefit that we might be f appropriations process. It’s time that able to get during the same period from we settled this issue permanently and the Arctic National Wildlife Refuge, SPENDING-DRIVEN DEBT CRISIS clearly. No taxpayer funding, support, without sacrificing one of our Nation’s The SPEAKER pro tempore. The or tax incentives of abortion in any most valued wilderness ecosystems. Chair recognizes the gentlewoman from way for this year, in any future year. In the past few years, we’ve taken North Carolina (Ms. FOXX) for 5 min- In a day of skyrocketing debt, how small steps to focus on conservation utes. can we justify supplementing abortion rather than production. In late 2007, Ms. FOXX. If your car is speeding and saying that it’s a necessary and es- corporate average fuel standards, com- into a ditch, the only thing to do to sential element of government? I think monly known as CAFE standards, re- survive is to slam the brakes as fast we cannot. ceived their first overhaul in more and hard as you can. Anything else This is time to resolve this issue. I than 30 years. This was a huge step in only stalls the disaster to come. strongly encourage my colleagues to the right direction, but there remains At this moment, America is speeding support H.R. 3 today in that vote. much work to do. into bankruptcy, and the only way to f The bills we will consider in the com- stop the descent and save our country ing week will endanger our environ- is to slam the brakes on government OUR DEPENDENCE ON FOREIGN ment, hurt our economy, and weaken spending and set our Nation on a brand OIL our national security. It seems to me new fiscal trajectory. The SPEAKER pro tempore. The these are the very same concerns we Critical times call for critical meas- Chair recognizes the gentleman from have with an overarching reliance and ures. The American people deserve hon- Illinois (Mr. QUIGLEY) for 5 minutes. addiction to foreign oil. est and courageous leadership from

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.020 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3009 Washington that will act to save the I spent over 33 years as a nurse before God bless America. future of our great Nation. I came to Congress, and let me tell The oil companies aren’t struggling compa- b 1020 you, the one thing that strikes me nies in need of a helping hand. They’re com- every week when I come down to Wash- panies with huge profits receiving billions of The Path to Prosperity would lift the ington is the disconnect that I see be- dollars in wasteful government spending. crushing burden of record high debt, tween a lot of the politicians here and I’m not a person who is against drilling. spur economic growth and job creation, the people who are back home strug- I believe that we need a comprehensive en- and fulfill our Nation’s obligations to gling in their districts. ergy policy that takes advantage of clean en- the health and retirement security of The budget that was passed by Re- ergy, but also takes advantage of the natural every American. publicans is absolutely out of touch resources that we’ve been blessed with. With the Path to Prosperity, the with the people back in my district. I also believe that we need to be aggressive budget that Republicans adopted in the How in the world can you undermine in taking on the oil speculators who are prof- House 2 weeks ago, Americans will be the health and well-being of our seniors iting from the ballooning price of oil. back on the road to more jobs for today at the same time that you continue to But what I find particularly abhorrent is that, and a bankrupt-free nation for tomor- give the richest companies on the plan- at a time where Republicans are claiming that row. et tax breaks? That’s not what the peo- our country’s fiscal problems are an excuse f ple in my district want. The seniors, for us to undermine the needs of our seniors, GAS PRICES AND MEDICARE and all the people in my district, want many of whom live month-to-month, we are at The SPEAKER pro tempore. The health care. They feel like that as they the same time giving oil companies $4 billion Chair recognizes the gentlewoman from get older, they want the peace of mind in tax breaks. New York (Mrs. MCCARTHY) for 5 min- to know that they have access to the Those are not the priorities that I believe in. utes. greatest health care system in the And those are not the priorities that my con- Mrs. MCCARTHY of New York. Mr. world. They’ve paid for that right. As stituents believe in. Speaker, before I begin to share my they worked throughout their life, A budget is a moral document of our prior- thoughts this morning about how the they paid into the Medicare system. ities. It should say something about a coun- Republican budget is a blow to our They believe that they have the right try’s values. American ideas and priorities, I would to Medicare, and I agree with them. That’s why, to turn back to Sunday for a be remiss if I didn’t use this oppor- Yet the Republican budget fun- second, that heroic rescue said so much tunity to praise our men and women in damentally undermines that right. The about our country. uniform, our President, and his advis- Republican budget ends Medicare as we Americans persevere, Americans fight for ers for the extraordinary courage and know it. It eliminates guaranteed cov- their values, and Americans are unrelenting in capability they all demonstrated in the erage for our seniors and turns the pro- their efforts. mission that put an end to Osama bin gram into a voucher program. This is a But we do those things because we want Laden on Sunday. drastic, drastic concept. safety and security for our families. Being from New York, we know first- Let’s not try to pretty things up We want to see our children and grand- hand of the consequences of this hor- here. Republicans are essentially push- children grow up in a country where fairness rible, horrible action that Osama bin ing seniors into the private market- and equity is the order of the day. Laden took on September 11, 2001. I place where they will pay more and get The Republican budget is not about fairness can’t tell you how many families in my less. As health care keeps rising with and equity. congressional district were hurt, lost inflation, these vouchers will not keep It is about hurting our seniors—and doing so their loved ones, children becoming or- pace. As the Congressional Budget Of- in order to give oil companies, who are phans in ways that it is going to take fice has said, Medicare beneficiaries wealthy beyond belief, additional tax breaks. them years, if forever, to recover. would bear a much larger share of their That’s not just. That is why Sunday was so impor- health care costs. The result would be That’s not fair. tant. It was a moment in history, our absolutely awful for our seniors. We That is not what I came to Congress to fight history. We told the world as Ameri- are going to see our parents and our for. cans, we’re going to fight not only for sisters and our brothers faced with f each other but we’re going to fight for awful choices: Are they going to pay STORM AND DISASTER RELIEF IN our rights, our ideals that are at the higher premiums? Are they going to NORTH CAROLINA core of our very being. have to get health plans that cover I would hope that, in the aftermath less? Or, even worse, will they drop out The SPEAKER pro tempore. The of Sunday, we would be able to come and have no health care at all? Chair recognizes the gentlewoman from together in the way that we did after Cutting our health care system isn’t North Carolina (Mrs. ELLMERS) for 5 September 11. We need to find more the only way that families are being minutes. ways to come together. We need to hurt. The high price of gas is hurting Mrs. ELLMERS. Mr. Speaker, 2 work together for the good of our con- families across this country and cer- weeks ago on Saturday, April 16, North stituents, for the good of our country. tainly in New York. Across the country Carolina was struck with vicious tor- But that doesn’t mean that we don’t and definitely on Long Island, the price nadoes that caused unprecedented de- have extraordinary differences of opin- of gas has climbed way above $4. Yet in struction and despair throughout the ion, and that’s what I’m here to talk what is an absolutely mind-boggling State and in my district. The loss of about today. I’m here to talk about the position, Republicans in Congress still property will take years to rebuild, but budget that the House Republican ma- refuse to allow a vote to repeal the bil- the lives that were lost can never be re- jority just passed—and I voted lions of dollars in taxpayer money that placed. In an instant, lives were cut against—on April 15. I believe that that oil companies are getting. Exxon, for short, leaving families with a gaping budget is a document that lays out the instance, just took in $10.7 billion dur- hole that can never be filled. With over wrong priorities. ing the first 3 months of the year 24 deaths throughout the State, this Trust me when I say that I’m as anx- alone. That’s a 69 percent increase over tragedy has touched each of us on a ious as anyone about our Nation’s fis- the same time frame from last year. personal level. cal policies, but we also need to make Other companies have enjoyed the Our district was hit especially hard sure that, in the process, we do not kill same increases, all while continuing to with six of our 10 counties affected, but thousands of jobs and hurt millions of receive $4 billion annually in subsidies. thanks to the resources provided by American families. A budget, as far as Mr. Speaker, we’re Americans. We President Obama’s emergency declara- I’m concerned, is a moral document. It can disagree, but we’re supposed to be tion and officials at FEMA, we have should be a declaration of our coun- fighting for this country. We need to been able to turn this tragedy into a try’s priorities. But the Republican make sure we protect our seniors. We swift recovery. budget does anything but that. It hurts need to make sure we have jobs. We On behalf of all North Carolinians, I our most vulnerable citizens while giv- need to make sure that we keep this would like to thank the officials at ing tax breaks to our oil companies. country safe. FEMA, the American Red Cross, the

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.006 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3010 CONGRESSIONAL RECORD — HOUSE May 4, 2011 Small Business Administration, and explore untested concepts and, ulti- different districts in Congress as he emergency first responders for taking mately, develop new products. Addi- was elected to the Third Congressional swift action and providing our district tionally, it solves one of the primary District, which I am now privileged to with supplies, funding, and on-the-spot concerns facing small businesses represent. He continued for another 6 guidance for victims. today—access to capital. This reau- years of distinguished service, serving While we still have a tough road thorization would make important on the Appropriations Committee. ahead, our district can take heart in changes to the current program that After leaving Congress in 1981, Bob the fact that every step is being taken will allow more entrepreneurs to par- returned to private practice as a law- to ensure that help will reach everyone ticipate by allowing companies that re- yer in Portland and Washington, D.C., affected and in a swift and efficient ceive funding from multiple venture and later served on the Northwest manner. I hope that all Americans will capital groups to competitively apply Planning Power Council. keep the residents and families of for a portion of SBIR grants. Bob had many passions in his life but North Carolina and those families in Reauthorization of SBIR will allow none more important than his family. Alabama and the other States that us to continue to foster research and He was married 48 years to Marijane have been so terribly affected in their innovation that will translate into a until her death in 1989, and later, he prayers as we continue to work in the wealth of new employment opportuni- married Kathy Boe and found many rescue effort going forward. ties and economic growth for western years of happiness. Bob had seven chil- Thank you. God bless America. Pennsylvania and all of America. I dren who survive him: Nancy, Angus, hope my colleagues will join me in sup- f David, Jamie, Laurie, Bonnie and porting this bipartisan legislation that Jeanne. SMALL BUSINESS INNOVATION encourages creativity and ensures He was by turns a stubborn political RESEARCH America will stay a global leader in in- animal, generous of spirit, with a leg- The SPEAKER pro tempore. The novation for years to come. acy for courage strengthened by his Chair recognizes the gentleman from f convictions. He was a man of great Pennsylvania (Mr. ALTMIRE) for 5 min- HONORING THE LIFE OF FORMER humor, intellect, and conviction. He utes. CONGRESSMAN ROBERT B. DUN- was also thrifty to an extent that is Mr. ALTMIRE. Mr. Speaker, I rise CAN legendary to family and friends and today in support of the Small Business many of his constituents. Until the end The SPEAKER pro tempore. The Innovation Research program. For over of his life I would still get letters from Chair recognizes the gentleman from a quarter century, SBIR has been key him with a series of 3-cent stamps and Oregon (Mr. BLUMENAUER) for 5 min- to American competitiveness around the old congressional return address on utes. the world. It has provided quality re- Mr. BLUMENAUER. Mr. Speaker, I the envelope scratched over. But he search, spurred technological advance- rise this morning to comment on the was very careful with the taxpayer ments, and allowed innovative small passing of a dear friend and Oregon money in his Appropriations Com- businesses to partner with the govern- icon, former Congressman Robert Dun- mittee to an extent that sometimes ment for the development of some of can, who died last week at age 90. Bob drove even his supporters to distrac- today’s most cutting-edge goods and served his Nation with distinction be- tion. services. ginning with his service during World He leaves a legacy for courage, pas- The region I represent in western War II in both the merchant marine sion for justice, and accomplishment of Pennsylvania is home to a number of and the U.S. Navy. After graduating decades of service, particularly a dec- companies that have benefited from from the University of Michigan Law ade in two very different congressional the SBIR program, yet these compa- School, he settled in Medford, Oregon, districts that were united in the admi- nies have been faced with uncertainty with his wife Marijane. He was a State ration of this dedicated public servant. over the past few years because Con- legislator from that community. He He will be missed, but fondly remem- gress has failed to act on a full reau- served two terms as speaker for the bered. thorization. Short-term extensions are first time in Oregon history. f putting the future of research and de- From there, he went to serve in Con- RAPIDLY RISING GAS PRICES velopment at risk. In this fragile econ- gress, representing the Fourth Con- omy, Congress owes it to these gressional District in southwest Or- The SPEAKER pro tempore. The innovators to give them the certainty egon until he was persuaded by Presi- Chair recognizes the gentleman from they need to fully pursue their ideas. dent Lyndon Johnson to leave Congress Rhode Island (Mr. LANGEVIN) for 5 minutes. b 1030 to run for a vacated U.S. Senate seat against Governor Mark Hatfield. In a Mr. LANGEVIN. Mr. Speaker, I rise I have supported legislation to reau- campaign that defined Oregon politics today to urge my colleagues to join to- thorize this program for the past 4 for over a decade, Bob lost narrowly to gether to immediately address one of years because I understand the impor- Mark Hatfield in, to say the very least, the greatest problems facing our fami- tance of innovation and the Federal a heated campaign, focusing in large lies and small business right now; that Government’s unique role in creating a measure over the United States’ in- is, rapidly rising gas prices. fertile climate for it. In the past, when- volvement in the war in Vietnam, As I traveled across Rhode Island ever our Nation has bounced back from which he supported and Mark Hatfield during the district work period, the economic downturns, innovation has opposed. A significant development was issue of high gas prices was never far been the catalyst. Time and again, in- the endorsement of then-Democratic from anyone’s mind. It affects every ventive ideas have led to new products, U.S. Senator Wayne Morris of Repub- family’s bottom line and the budgets of generating a wave of job creation and lican Hatfield, which many experts feel small businesses that are still recov- putting us on a path back to pros- provided the narrow margin of victory ering from the recession. perity. for Hatfield. Later, Bob almost won the As our fragile economy continues, it This year, I have joined with my col- Democratic primary against Wayne is imperative that we work to find so- leagues on the Small Business Com- Worse when he ran for reelection 2 lutions in the short term as we turn mittee to introduce a full 3-year reau- years later sending shockwaves that our attention towards a serious, long- thorization of the SBIR program. As reverberated for a decade. term solution to reduce our demand for Congress looks for ways to reduce I first had the opportunity to work oil. Our Nation simply cannot have low spending yet keep America globally with Bob Duncan when I was directing gas prices without reducing the competitive, the SBIR program is that a campaign to lower Oregon’s voting amount of oil that we use. rare piece of legislation that can ac- age in 1969, and he was a zealous sup- We remain in constant competition complish both goals simultaneously. porter of engaging young people in the right now with India, China, and other At its most fundamental, the SBIR political process. developing Nations, and the world does program provides valuable seed money In 1974, Bob again made history by not have the resources to continue to for entrepreneurs who are willing to being the first Oregonian to represent 2 supply us all with cheap oil, especially

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.008 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3011 with disruptions in the Middle East specific hybrid and fuel efficiency Mr. JOHNSON of Ohio led the Pledge that continue to affect production. standards for any vehicles involved in of Allegiance as follows: I supported the American Clean En- Federal grant programs. Complicated I pledge allegiance to the Flag of the ergy and Security Act last session be- problems, like the price of gasoline, United States of America, and to the Repub- cause it took steps to immediately re- often require difficult solutions. But lic for which it stands, one nation under God, duce demand through improved vehicle we cannot let this prevent us from indivisible, with liberty and justice for all. fuel economy standards and energy ef- moving forward and delivering to our f ficient technology in our buildings and constituents who cannot afford these ANNOUNCEMENT BY THE SPEAKER homes, while investing in clean energy, costs or a slowed economic recovery. including an increased commitment to Mr. Speaker, I urge my colleagues to The SPEAKER. The Chair will enter- the research and development of off- work together to enact short-term pro- tain up to 15 requests for 1-minute shore wind. visions and long-term solutions to speeches from each side of the aisle. We should put our money behind bring relief to working families and f those efforts instead of giving billions small business. GAS PRICES of dollars in tax breaks each year to oil f companies. As we just recently heard, (Mr. JOHNSON of Ohio asked and ExxonMobil just reported first quarter RECESS was given permission to address the earnings of $11 billion, a nearly 70 per- The SPEAKER pro tempore. Pursu- House for 1 minute and to revise and cent increase, with other oil companies ant to clause 12(a) of rule I, the Chair extend his remarks.) following closely behind. Mr. Speaker, declares the House in recess until noon Mr. JOHNSON of Ohio. Mr. Speaker, let’s eliminate subsidies for these big today. the average for a gallon of gas in Ohio corporations that don’t need our help. Accordingly (at 10 o’clock and 41 is over $4 a gallon. In eastern and In the short term, Congress must minutes a.m.), the House stood in re- southeast Ohio, this is particularly partner with President Obama and sup- cess until noon. hard on families who live in rural areas. Farmers, ranchers, seniors, port Attorney General Holder’s efforts f to monitor oil and gas markets and working families who have limited safeguard consumers against unlawful b 1200 means of transportation—these high gas prices are having a negative impact practices. We also need stricter guide- AFTER RECESS lines for speculators and getting specu- on everyone. The higher gas prices go, The recess having expired, the House lators out of the market. We need the more of an impact it has on our was called to order by the Speaker at guidelines for people who buy oil just economy and on our chances for a real noon. to sell it at a profit, perhaps by allow- economic recovery. ing people to buy oil on the market f Small business owners are watching money they could otherwise invest in only if they can actually receive prod- PRAYER uct. their businesses go to paying for fuel, Additionally, I urge my colleagues to Reverend Dr. Kurt Gerhard, St. Pat- and working families are anxiously pressure oil companies to drill on do- rick’s Episcopal Church, Washington, redoing their budgets to account for mestic lands where they already have D.C., offered the following prayer: higher fuel costs and looking for ways existing leases. The industry right now God of peace, Who called all people to cut back. is drilling on less than a quarter of the from every nation to seek reconcili- We’re blessed with an abundance of 80 million acres where it already has ation with each other for the good of natural resources in Ohio. We’re one of leases approved. While this is not a creation, inspire in us the will to per- the highest coal-producing areas, and long-term solution, we need responsible severe, through moments of conflict, to with the Marcellus shale right next drilling on lands where there are exist- seek common ground. door in West Virginia, we’re poised to ing leases. Now, this is, I believe, a Bless this country and all its leaders make an enormous contribution to faster, fairer, and safer path to more in the continued fulfillment of a vision making America self-sufficient in en- domestic production, unlike legislation set forth in July of 1776 that all people ergy. We need an energy strategy that on the floor this week which will put are ‘‘endowed by their Creator with will help us become energy self-suffi- oil rig workers and the environment at certain unalienable rights, that among cient so we stop relying on other coun- risk by expediting critical safety re- these are life, liberty and the pursuit of tries to meet our energy needs. views. happiness.’’ Now is the time to levy a None of this, of course, lessens the During this session of the 112th Con- ‘‘permatorium’’ on developing Amer- urgency of switching to alternative gress in this, the people’s House, may ican energy resources. Let’s open up fuels. the hearts of these duly elected Rep- our American resources and put our resentatives be blessed with the integ- country on the path to ensuring our en- b 1040 rity of purpose and the steadfast com- ergy security, instead of continuing to The U.S. has only 1.4 percent of the mitment to seek and serve the people rely on foreign sources for energy. world’s proven oil reserves but cur- of the United States of America for the f rently consumes 22 percent of the betterment of this country and the world’s oil. world. WE MUST NOT PASS H.R. 3 In the long run, we will remain sus- We ask this all in the name of the (Mr. QUIGLEY asked and was given ceptible to repeats of the current crisis one God, the God of all nations. Amen. permission to address the House for 1 unless we take every opportunity to f minute.) decrease our dependence on oil. Now I Mr. QUIGLEY. Madam Speaker, I want to highlight one important initia- THE JOURNAL rise today in opposition to H.R. 3 and tive in my State that involves public The SPEAKER. The Chair has exam- to remind my colleagues of two key transportation. The Rhode Island Pub- ined the Journal of the last day’s pro- dates. lic Transit Authority acquired just re- ceedings and announces to the House January 20, 2011, the day H.R. 3 was cently 53 new hybrid buses and is up- his approval thereof. introduced. Just 3 months ago, the au- grading 10 trolleys to hybrid propul- Pursuant to clause 1, rule I, the Jour- thors of this extremist, offensive bill sion, and we should encourage others nal stands approved. introduced a version of H.R. 3 that to follow their lead. RIPTA expects f would have redefined rape and incest. that their new hybrid fleet will save They don’t want us to remember, but them approximately 20 percent on fuel PLEDGE OF ALLEGIANCE we cannot forget 173 Members of Con- usage, which will help prevent price in- The SPEAKER. Will the gentleman gress signed their names to a bill that creases and route closures. from Ohio (Mr. JOHNSON) come forward would have redefined rape to exclude We should build on the success in and lead the House in the Pledge of Al- women who are unconscious, mentally Rhode Island nationally by requiring legiance. disabled, or forced into sex by threat.

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.011 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3012 CONGRESSIONAL RECORD — HOUSE May 4, 2011 The authors of this bill would also we treat survivors of rape and even who work tirelessly to seek a better like us to forget another important how we define rape. life for future generations. date: January 22, 1973. On that day, the My colleagues say that they are for In celebrating the many milestones Supreme Court ruled that women have no new taxes and for preserving life, of Jewish Americans this month, we the right to make their own decisions but this legislation belies that claim. honor the lives, work, and rich history about their own bodies and their own f of Jewish Americans throughout our lives. Nation. And that’s why this month we HAMAS MERGER But we will not forget that date, and take time to remember the unique we will not forget the 173 Members of (Mr. PITTS asked and was given per- Jewish American identity, steeped in this body who want to redefine rape mission to address the House for 1 history and faith, and their tremen- and incest, and we will not turn back minute and to revise and extend his re- dously important contributions to our the clock to a time when women could marks.) Nation. not make their own choices and access Mr. PITTS. Madam Speaker, the f vital care. news that Osama bin Laden had been b 1210 We will not forget. We will not go killed by U.S. forces on Sunday back, and we must not pass H.R. 3. brought reassurance to many around SHALE NATURAL GAS f the world that justice had finally been (Mr. REED asked and was given per- served. A man responsible for the NAVY SEALS 1—BIN LADEN—0 mission to address the House for 1 deaths of thousands of innocent people minute and to revise and extend his re- (Mr. POE of Texas asked and was of all races and religions had been lo- marks.) given permission to address the House cated and eliminated. However, not ev- Mr. REED. Madam Speaker, I rise for 1 minute.) eryone saw it the same way. today to bring attention to the plenti- Mr. POE of Texas. Madam Speaker, Ismail Haniyeh, leader of Hamas in ful natural gas reserves that we have in Osama bin Laden has met his maker, Gaza, called bin Laden a sheikh and the United States. Many of my col- and we appreciate the Navy SEALs for said, ‘‘We condemn the assassination leagues may not be aware of two stud- arranging the meeting, but Pakistan and the killing of an Arab holy war- ies which recently highlighted the gives us some concern. It seems like rior.’’ This comes the same week that abundance of this clean-burning domes- Pakistan might be playing both sides, Palestinian political parties Hamas tic fuel source which holds so much and they have a lot of explaining to do. and Fatah have reconciled and formed promise. For all these years, we believed that a unity government. The first study I would like to draw Osama bin Laden was on the run, living How can the United States provide attention to is the Energy Information in a cave; but, apparently, Satan’s aid to a unity government if one of its Administration’s Energy Outlook 2011, Pawn has been living for years in a most important leaders praises a mass which analyzes energy production, con- million-dollar compound just yards murderer? How can Israel negotiate sumption, technology, market supply away from a Pakistani military base, treaties with a government composed and demand, and the direction those but Pakistan claims no knowledge of of a party that is actively seeking its trends may take in the future. The out- Osama bin Laden’s whereabouts. I just destruction? look anticipates strong growth in the don’t buy it. There cannot be true peace as long as natural gas development and consump- I’ve introduced a bill that would re- Hamas holds up Osama bin Laden and tion because of development of shale quire Congress and the American peo- other terrorists as heroes. The Pales- gas resources. The outlook notes that ple to get a full understanding of what tinian people must recognize that ha- growth in natural gas would not be per- Pakistan knew about bin Laden’s tred and terrorism will never bring missible but for the combination of whereabouts and when they knew it, them true peace and true independ- horizontal drilling and hydraulic frac- before we give them any more Amer- ence. turing technologies which have made ican money. Congress has already ap- f shale gas economical to produce. The propriated $3 billion in aid to Pakistan COMMEMORATING JEWISH outlook finds that hydraulic fracturing for this year; and unless Pakistan can AMERICAN HERITAGE MONTH and horizontal drilling have led to an prove that they were not providing average annual growth rate of 48 per- sanctuary for America’s number one (Mr. CICILLINE asked and was given cent in the time period from of 2006 to enemy, they should not receive any permission to address the House for 1 2010. American aid. minute.) The second study I would like to And that’s just the way it is. Mr. CICILLINE. Madam Speaker, I mention is the American Gas Associa- f rise today to honor and recognize the tion’s Potential Gas Committee 2010 bi- rich history of the Jewish American OPPOSE H.R. 3 ennial report. experience in the United States as we This report highlights the potential supply of (Ms. TSONGAS asked and was given mark Jewish American Heritage natural gas in the United States. To be spe- permission to address the House for 1 Month. cific, the report finds that the Untied States minute.) It is fitting that the words of the possesses an untapped natural gas resource Ms. TSONGAS. Madam Speaker, I Jewish American poet, Emma Lazarus, potential of 1,898 trillion cubic feet. This is the rise in strong opposition to the major- are immortalized on the Statue of Lib- highest resource evaluation in the Potential ity’s attempt to undermine a woman’s erty, ‘‘Give me your tired, your poor, Gas Committee’s 46 year history. right to choose, a right that is funda- your huddled masses yearning to My Congressional District in New York State mental to a woman’s freedom. breathe free,’’ because here in the overlays a formation known as the Marcellus H.R. 3 would raise taxes on any United States we recognize the power- Shale. This shale play is one of the leading American whose employer-sponsored ful impact of the Jewish American ex- contributors to the rapid growth in estimates of health care plan provides coverage for perience—people who escaped persecu- recoverable natural gas in the United States. an abortion. It eliminates Americans’ tion, arrived here as immigrants and By developing and utilizing these massive right to use their own funds in health prospered. natural gas reserves, we can begin to reduce savings accounts for a legal abortion Jewish Americans formed strong our dependence on foreign oil, and thus over unless they can prove to the IRS that communities, became involved in their time, reduce the cost of gasoline. As we all they were victims of rape or incest. neighborhoods, and have made lasting know, American producers and consumers are This legislation allows a hospital to contributions to our country. Jewish paying a heavy price as the cost of gasoline refuse to perform an emergency abor- Americans represent some of this coun- continues to rise. Everything costs more to tion, even if a woman would die with- try’s, and indeed the world’s, foremost produce, more to transport, and more to pur- out it. It would allow doctors to refuse innovators in health and science, busi- chase. abortion services, even if a pregnancy ness and industry, politics and govern- Reducing our dependence on foreign oil is threatens a woman’s health. And this ment, arts and culture. This spirit is both a national security issue and an eco- law makes radical changes to the way also found in many Jewish Americans nomic issue. I urge my colleagues to consider

VerDate Mar 15 2010 04:36 May 05, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K04MY7.014 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3013 these reports and support policies that will Mr. PETERS. The people in Michigan You know, Republicans say that they lead to the development of these valuable re- are clear: Our number one priority is are for smaller government, but that sources. jobs. And yet the Republican majority ends when it comes to women. In order f here in Washington is once again ignor- to curtail women’s reproductive rights, ing the economy and pushing a bill it isn’t enough to prevent the public VOTE ‘‘NO’’ ON H.R. 3 that raises taxes and attacks women’s dollars from helping poor women end a (Ms. BASS of California asked and health care choices. Current law al- dangerous or unplanned pregnancy. was given permission to address the ready prohibits Federal funds from cov- That’s already the law: no public House for 1 minute.) ering abortion services, and it has for money for abortions. But now they are Ms. BASS of California. Madam 30 years. Now Republicans want to stop going to raise taxes on small busi- Speaker, I rise in strong opposition to private insurers from offering cov- nesses, telling them that if they offer a H.R. 3, which the House will vote on erage, and they want to ban women health plan for men or women that has later today. from purchasing a comprehensive the gall to cover abortions—and, by the After voting last month to end Medi- health care plan with their own money. way, that’s about 90 percent of plans care, as we know it, for seniors, today H.R. 3 is not about taxpayer funding, that cover all legal procedures—then the majority is attacking women’s re- and it’s certainly not about reducing they can no longer get a tax break for productive freedom. For the last 3 the deficit. It is an extreme plan that offering such a plan. months, we have watched as the major- will raise taxes on any person or busi- Raising taxes on businesses that offer ity party has consistently attacked the ness that buys insurance that includes comprehensive health plans, that’s the right of women to receive comprehen- abortion coverage. That’s right, if a bill that’s up today. Now, even private sive health care, and today is no dif- small business wants to treat women money of individuals, both men and ferent. equally and guarantee them access to women, and businesses will now face a H.R. 3 has outrageous provisions that legal health care services—paid for new tax. So, so much for small govern- would end comprehensive private with their own money—that business ment and lower taxes that the Repub- health insurance coverage and reduce will pay higher taxes. licans talk about. women’s access to abortion care in Do not be fooled by the talk about f many ways. H.R. 3 manipulates the Tax taxpayer funding. This bill is harmful Code to restrict access to comprehen- to women’s health. It undermines the b 1220 sive care. The bill raises taxes on indi- right to choose, and I urge my col- THE NO TAXPAYER FUNDING FOR viduals and small businesses with in- leagues to vote ‘‘no’’ on this bill later ABORTION ACT surance plans that cover abortion, forc- today. (Ms. ESHOO asked and was given pering them to drop their health insur- f ance plan. mission to address the House for 1 H.R. 3 is an unprecedented attempt WHEN WILL THE REPUBLICANS minute and to revise and extend her re- to deny access to full reproductive WORK ON RESTORING JOBS? marks.) care. I urge my colleagues to vote ‘‘no’’ (Mr. HIMES asked and was given per- Ms. ESHOO. Madam Speaker, I rise on this radical antichoice bill. mission to address the House for 1 today in opposition to H.R. 3, the No Taxpayer Funding for Abortion Act. f minute and to revise and extend his remarks.) First of all, to imply that taxpayers TAX PENALTIES ON WOMEN’S Mr. HIMES. Madam Speaker, I rise fund abortions today is a lie. No, not HEALTH this morning with a question, which is: one penny can be spent on abortions (Ms. RICHARDSON asked and was What are we doing? What are we doing because of the Hyde Amendment which given permission to address the House here? Like all 434 of my colleagues, I passed on September 30, 1976. for 1 minute and to revise and extend just spent 2 weeks at home listening to What this bill does is to play repro- her remarks.) my constituents, and I heard one mes- ductive roulette with the Tax Code. Ms. RICHARDSON. Madam Speaker, sage: Do everything you can. Don’t let Under H.R. 3, if someone buys private I rise today in strong opposition to a second go by. Work to restore jobs in insurance that includes coverage for H.R. 3. This deceptively titled legisla- this country. Improve the economy. abortions, they will be taxed. If some- tion is nothing more than an assault on And I get down here on Monday, and one buys private insurance, using your women’s access to health care. what did we do this week? We voted in own money, obviously, that doesn’t in- If enacted, this legislation would se- this Chamber to eliminate funding for clude coverage for abortions, then they verely curtail women’s access to repro- school-based health centers, funding can deduct the cost of the health plan ductive health care services. What for kids who don’t have any other way from their taxes. This would turn our would it do? It would impose tax pen- to see a doctor. Today, thanks to the tax collection agency into a health alties on women. It would narrow the Republican majority, we will vote to care policing agency. already restrictive areas that the Hyde try to scale back the right of women to I support a woman’s right to opt for amendment has dealt with. And fur- have access to reproductive health or against abortion. The decision is pri- ther, what I find most alarming, it care. And later on this week, we are vate. It’s a matter of faith. It’s a mat- would attack the coverage for Federal going to take up measures that will ter of conscience, and our Constitution employees, including women who serve keep the gravy train flowing to the oil recognizes this. in the military. Where is all of our ap- companies, the $4 billion in our tax- Make no mistake, this is an attack plause now? payer money that goes to companies on women’s health and it’s a giant step The Hyde amendment clearly states like ExxonMobil, which last week re- back for the equality we’ve worked so that no taxpayer dollars are to be used ported $10 billion in profits. I’m glad hard to achieve. This is wrong, this is for abortion care and has narrowly pro- ExxonMobil is making money, but you dangerous, and the House should op- vided exceptions that state for rape, in- know what? They don’t need ours. pose it. cest, and health complications that So what are we doing? When is the f arise from pregnancy which would put Republican majority going to get seri- OPPOSING H.R. 3 a mother’s life in danger. Are we ous about the one thing that my con- against that? stituents care about—jobs? (Mr. HOLT asked and was given per- I urge my colleagues to vote ‘‘no’’ on f mission to address the House for 1 this bill resoundingly, ‘‘no’’ on H.R. 3. minute and to revise and extend his re- NEW HEALTH INSURANCE TAX f marks.) (Ms. SCHAKOWSKY asked and was Mr. HOLT. Madam Speaker, I also ABORTION COVERAGE given permission to address the House rise in strong opposition to H.R. 3. (Mr. PETERS asked and was given for 1 minute.) Our first priorities here in the House permission to address the House for 1 Ms. SCHAKOWSKY. I rise in strong of Representatives must be helping fos- minute.) opposition to H.R. 3. ter job creation and supporting middle-

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.004 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3014 CONGRESSIONAL RECORD — HOUSE May 4, 2011 class families. Yet, more than 4 months victims to prove to the IRS agents ing up divisive legislation that has no into this Congress, we have not consid- they were raped. hope of becoming law in order to divide ered one bill, not one bill that would Most troubling, in the report accom- and distract the American people. achieve these goals. panying the bill, radical Republicans It’s been 4 months, and still the new Instead, we have before us today H.R. want to limit the exception for rape majority here hasn’t brought a serious 3, one of the centerpieces of the Repub- victims who can access full legal bill about job creation to this floor for lican agenda, and it would limit the health services to only forcible rape a vote. It’s time to get back to the health care choices of women. victims. work of putting Americans back to Now, even if all it did is what the This bill to limit women’s health work. Let’s do that. name implies, to prohibit Federal sub- services is a shameful distraction from f sidies for abortion, it would be redun- the public’s top priority, creating jobs. dant, unnecessary and misguided. But f NO TAXPAYER FUNDING FOR it’s much worse than that. In truth, ABORTION ACT BIG OIL WELFARE REPEAL ACT it’s an unprecedented and extreme at- Mr. NUGENT. Madam Speaker, by di- tempt to limit health insurance cov- (Mr. YARMUTH asked and was given rection of the Committee on Rules, I erage for American women, to raise permission to address the House for 1 call up House Resolution 237 and ask taxes on small businesses, to infringe minute.) for its immediate consideration. Mr. YARMUTH. Madam Speaker, on the legally protected right of Amer- The Clerk read the resolution, as fol- with gas prices in my district in Louis- ican servicewomen, to make this legal, lows: constitutionally protected medical pro- ville, Kentucky hitting $4, as they are H. RES. 237 cedure inaccessible to women. all over the country, ExxonMobil just Resolved, That upon the adoption of this I oppose H.R. 3, and urge my col- reported earnings of $10.7 billion for the quarter, almost 70 percent higher resolution it shall be in order to consider in leagues to vote ‘‘no.’’ And I urge the the House the bill (H.R. 3) to prohibit tax- majority to get to work helping Ameri- than last year. BP, Conoco, Shell, and payer funded abortions and to provide for cans to get to work. Chevron already reported huge in- conscience protections, and for other pur- f creases in profits. And we are still giv- poses. All points of order against considering them taxpayer-financed subsidies. ation of the bill are waived. In lieu of the VOTE ‘‘NO’’ ON H.R. 3 Last week, the chairman of the Budg- amendment in the nature of a substitute rec- (Mr. FARR asked and was given per- et Committee said he thinks we ought ommended by the Committee on the Judici- mission to address the House for 1 to do away with these subsidies. And ary now printed in the bill, the amendment minute and to revise and extend his re- yet, he and the rest of the Republican in the nature of a substitute printed in the report of the Committee on Rules accom- marks.) majority are pushing a budget that not panying this resolution shall be considered Mr. FARR. Madam Speaker, it ap- only sustains those giveaways to oil as adopted. The bill, as amended, shall be pears that there are some in this body companies, but also would lower taxes considered as read. All points of order who believe that if you state a false- for billionaires, all at the expense of against provisions in the bill, as amended, hood often enough people will believe our seniors, our students and our strug- are waived. The previous question shall be that it’s the truth. That’s what the bill gling families who are paying that $4 a considered as ordered on the bill, as amend- before us is all about. It’s an attempt gallon all over the country. ed, to final passage without intervening mo- to legislate something that isn’t. We ought to do away with these sub- tion except: (1) one hour of debate with 40 minutes equally divided and controlled by The proponents of H.R. 3 want you to sidies, and the Democrats have intro- the chair and ranking minority member of believe that abortion is rampant in duced the Big Oil Welfare Repeal Act the Committee on the Judiciary, 10 minutes America, and we spend zillions of Fed- to do just that. If we are serious about equally divided and controlled by the chair eral dollars a year, and this bill will deficit reduction and equity in this and ranking minority member of the Com- stop the use of those Federal funds. country and fairness, we will pass the mittee on Ways and Means, and 10 minutes This is a crock of baloney. Big Oil Welfare Repeal Act, and we will equally divided and controlled by the chair Everyone in this House knows that help to begin to return this country to and ranking minority member of the Com- Federal funds are not spent on abor- having an economy that works for ev- mittee on Energy and Commerce; and (2) one motion to recommit with or without instructions. It’s been the law of this land for erybody, and not just for ExxonMobil. tions. the last 35 years. H.R. 3 will have no ef- f fect, zero, nada, on the use of Federal The SPEAKER pro tempore (Mrs. THE NO TAXPAYER FUNDING FOR funds for abortion services in America MILLER of Michigan). The gentleman ABORTION ACT because it’s the law under which we are from Florida is recognized for 1 hour. already operating. (Mr. HINCHEY asked and was given Mr. NUGENT. For the purpose of de- But what H.R. 3 will do is drastically permission to address the House for 1 bate only, I yield the customary 30 codify an untruth. It will reach into minute.) minutes to the gentlewoman from New the pockets of women and prevent Mr. HINCHEY. Madam Speaker, I York (Ms. SLAUGHTER), pending which I them from using their own money, rise in opposition to H.R. 3, which has yield myself such time as I may con- their own private money, on pur- nothing to do with taxpayer funding of sume. During consideration of this res- chasing health care insurance which abortion. Right or wrong, Federal fund- olution, all time yielded is for the pur- covers abortion services. ing for abortion hasn’t been allowed for pose of debate only. This is a mass intrusion into the pri- more than 3 decades. GENERAL LEAVE vate lives of people and to businesses. Instead, H.R. 3 has everything to do Mr. NUGENT. Madam Speaker, I ask It should be defeated. with infringing on the constitutionally unanimous consent that all Members f protected right to an abortion that has may have 5 legislative days to revise been the law of the land for 38 years. and extend their remarks. ASSAULT ON WOMEN’S HEALTH For years we’ve been listening to Re- The SPEAKER pro tempore. Is there (Mrs. LOWEY asked and was given publicans call for smaller government, objection to the request of the gen- permission to address the House for 1 less regulation, fewer taxes. But this tleman from Florida? minute.) bill represents the opposite of these There was no objection. Mrs. LOWEY. Later today, the House values. It’s more regulation on busi- Mr. NUGENT. House Resolution 237 will continue its extreme assault on ness, more regulation on health care provides for a closed rule for consider- women’s health. H.R. 3 would prevent decisions that should be left up to ation of H.R. 3. The rule provides for small businesses and families from re- women and their doctors. It’s more ample debate on this bill and gives ceiving tax credits for private insur- taxes on small business, more taxes on Members of both the minority and the ance coverage that includes safe and women. And it’s more control by anti- majority the opportunity to partici- legal health procedures; allow hos- choice extremists in Washington. pate in the debate. pitals to deny lifesaving care to Finally, this bill isn’t about job cre- Madam Speaker, I rise today in sup- women; if audited, potentially require ation either. Instead, it’s about bring- port of this rule and the underlying

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.019 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3015 bill. For the past 30 years, we’ve used a wide statutory prohibition on funding Once I was at a meeting in my dis- patchwork system of clauses and abortion or insurance coverage that in- trict and I was asked by a man who was amendments to protect American tax cludes abortion. This comprehensive strongly opposed to a woman’s right to dollars from being used to pay for abor- approach will reduce the need for nu- choose, What should be done about tions. Every year Congress has to at- merous separate abortion-funding rid- that? And my response to him was sim- tach a series of amendments to appro- ers. ple and personal and still applies priation bills specifically stating that It eliminates abortion-related today. funds spent in that legislation may not amendments to appropriation bills, I asked him that if, God forbid, he be used for elective abortions. Every bills that the rules of the House remind ever finds himself in a difficult posi- year these amendments pass. These us aren’t even supposed to legislate tion of having to decide whether or not amendments pass, Madam Speaker, be- through amendments. It ensures that his wife needed to have an abortion, ei- cause Members of Congress know and all Federal programs are subject to ther because of the health of the fetus recognize the fact that the vast major- this important safeguard. or the mother was in danger or because ity of Americans do not want their Once again, Madam Speaker, I rise in of another personal or private matter, hard-earned money to be spent for support of this rule and the underlying is he willing to say to people gathered abortions of innocent, unborn lives. legislation. I encourage my colleagues in the hospital and during the discus- to vote ‘‘yes’’ on the rule and ‘‘yes’’ on b 1230 sion, No decision can be made until the underlying bill. LOUISE SLAUGHTER gets here because In 2010 the Zogby/O’Leary poll found I reserve the balance of my time. Congress will make that decision for Ms. SLAUGHTER. Madam Speaker, I that 77 percent of Americans believe him? that Federal funds should never be yield myself such time as I may con- The right to an abortion is already a used to pay for abortions or should sume. procedure that is carefully regulated We have had many misnamed bills, only be used to save the life of the by the decision of Roe v. Wade. Today’s euphemistically called almost any- mother—77 percent, Madam Speaker. legislation would go far beyond this thing to try to make some kind of This number proves that even people status quo and further restrict access point, but this one does not have a who support a woman’s right to choose in an attempt to make it practically thing in the world to do with restrict- still believe that tax dollars should not impossible to receive an abortion under pay for that choice. ing Federal money used in abortions. That has not been done for 30 years. these laws. Clearly the time has come to move Today’s bill changes the tax system— This bill actually says let’s try to beyond this piecemeal approach and re- this is an important point and I want make sure that no insurance compa- form the way our Nation addresses this you to understand this—for private nies in the country will ever cover very important and sensitive issue. health care plans that offer abortion H.R. 3 simply codifies and makes per- them again no matter what the cir- coverage to small businesses and indi- manent the policies that currently rely cumstances. viduals, as most of them do. If passed upon regular, re-approval of Congress. With no other medical procedure into law, this bill would pressure pri- Among the riders made permanent to would we be even standing here talking vate health insurance plans to stop of- H.R. 3 are: about what’s best for American citi- fering that coverage altogether. And the Hyde amendment, which pro- zens. In all my years in Congress, I that, Madam Speaker, is the purpose of hibits funding for elective abortion have never had to debate a bill about this bill. coverage through any program funded how and when a patient can receive an In addition, and most egregiously, to- through the annual Labor, Health and appendectomy nor a bill about how or day’s legislation opens the door to the Human Services Appropriations Act; when a patient can receive corrective the Helms amendment, which pro- surgery nor is it legal to have a vasec- IRS audits of rape and incest survivors, hibits funding for abortion as a method tomy. to prove that they followed the law of family planning overseas; Yet here we are today debating a bill when paying for an abortion. Do we do the Smith Federal Employee Health that will reach far beyond the status this with anything else—I’m absolutely Benefit Plan amendment, which pro- quo and place restrictions on the con- astonished—to place this kind of bur- hibits funding for elective abortion stitutionally protected right to access den on a medical procedure? It’s been coverage for Federal employees; reproductive health care. In the case of designed specifically to chip away at the Dornan amendment, which pro- abortion, it has been decided with this the rights of women. hibits the use of congressionally appro- bill that they can dictate how and Most egregiously, this bill has put a priated funds for abortion in the Dis- when a woman is allowed to receive re- dangerous provision into the com- trict of Columbia; productive health care. mittee report that accompanies this the Hyde-Weldon conscience clause, In part because women are instinc- bill. Please listen up. You need to know which ensures that recipients of Fed- tual nurturers, the decision about what this says in this report language, eral funding do not discriminate whether or not to have an abortion is which is as important as the bill itself. against doctors, nurses, and hospitals one of the most personal and important That report language states that the because they do not provide, pay for, decisions that they will ever make. In legislation is intended to prohibit the cover, or refer for abortions. making this decision, a woman should use of Federal money to subsidize abor- Madam Speaker, a woman’s right to be free to consult with whomever she tions in cases of statutory rape. That, choose can be a divisive issue that pleases, whether it be her doctor, her ladies and gentlemen, is the rape of a splits the American people down the spouse, her family, a parent, confidant, child too young to give consent. middle. However, we aren’t talking or religious adviser. Now, think about that for a moment. about a 50/50 issue; we’re talking about But a woman should never, never be This bill forbids any money being used 77 percent. It’s clearly a majority. forced to adhere to extreme restric- to help that child. It’s not bad enough Just like Americans on both sides of tions placed upon her by Members of that they have been raped or that they the aisle believe that tax dollars Congress. I’ve served in three legisla- are victims of incest. Now we’re telling shouldn’t go to pay for abortions, so do tures, and in every one of them were them that they have to keep records so the Members of Congress from both always men in blue suits who knew that they can prove to the IRS that parties. There are 227 bipartisan covery little about the life-altering expe- they followed the law? That is what I sponsors of H.R. 3. I’m proud to be one rience of pregnancy and birth who de- thought about when I made the state- of those cosponsors. manded this kind of action. ment earlier this spring ‘‘show me your H.R. 3 will ensure that American tax- I have often spoken in support of a papers.’’ And that is precisely what payers are not forced to fund what woman’s right to access an abortion this bill is asking to do. many consider the destruction of inno- and have many people, including some If this bill becomes law, think about cent human life through abortion on of my own constituents, who disagree the statutory rape. Think about your demand. with me, and that’s fine. They have children. Think about other people’s The No Taxpayer Funding for Abor- never, however, tried by law to enforce children. If it becomes law, the com- tion Act will establish a government- upon me what they themselves believe. mittee report will become one of the

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.021 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3016 CONGRESSIONAL RECORD — HOUSE May 4, 2011 documents relied upon by the courts believe that all life is sacred. The issue want government out of their lives, out when deciding the cases about abor- of abortion is a very personal issue for of their business. There is nothing tion. With the committee report in me as it is for many people across the more invasive than the government’s hand, a future justice would have the country and for many Members of this getting in between families and their document they need to further restrict body. However, that is not why we are doctors when making this difficult de- access to abortion for victims of rape considering this legislation on the cision. and incest. If this sounds extreme, be- House floor today. Instead, we are here This bill won’t save taxpayer dollars lieve me, it is. to answer one simple question: or create jobs, but it will undermine We, like our Nation’s Founders, know Should American tax dollars be used women’s health, and it will hurt small that each individual is entitled to his to fund abortions? When an elective businesses by penalizing them for offer- or her beliefs. But no matter how choice can decide life and death, should ing their employees insurance plans strongly we believe them, we should the Federal Government be allowed to that cover a full range of women’s not be allowed to force them upon oth- use tax dollars to pay for that choice? health care. This is a slap in the face of ers as we wish. Yet placing an ideology Madam Speaker, H.R. 3 is a bill that small businesses, which are trying to upon others and restricting their seeks to set right what the last Con- take care of their companies, their em- choices when it comes to reproductive gress got wrong: to ensure that abor- ployees and their own families. It is health is the spirit behind today’s leg- tions are not funded by taxpayer dol- also a slap in the face to any family islation and one of the many reasons lars. At its very base level, H.R. 3 sim- that has to make the difficult decision why it should be stopped. ply codifies the Hyde Amendment, to seek abortion care. b 1240 which has been enacted in some form As a daughter and wife of physicians, or another as an appropriations rider As we all know, at the time of our I am shocked that we would so quickly since fiscal year 1976. Through this leg- Nation’s founding, the ideal of equal dismiss the judgment of our country’s islation today, we will make perma- rights and freedoms was far from real- medical personnel and families in mak- nent the prohibition on Federal fund- ized. In fact, it was not even of much ing the best decision to preserve the ing for abortions, thereby eliminating concern. African Americans were prop- health and lives of their loved ones. We the inherent vulnerability that riders erty; women could not vote or own are wasting time on divisive issues like the Hyde Amendment face as part anything; and indeed, a pregnant while denying the real implications of the annual appropriations process. woman who was widowed could find this will have on our families and econ- Furthermore, H.R. 3 codifies the that her child had been willed away omy. Hyde-Dr. Dave Weldon conscience from her by her husband, who had all I urge my colleagues to join me in clause that has protected health care the rights. Native Americans were strong opposition to this bill. providers from discrimination by State pushed off their land and out of our so- Mr. NUGENT. Madam Speaker, I and local governments for simply re- ciety. yield 2 minutes to my colleague, the With great struggle and over time— fusing to provide, to pay for or to even gentleman from Nebraska (Mr. refer for abortion. Additionally, H.R. 3 and certainly, I know of the struggle FORTENBERRY). will allow those health care providers for women’s rights because of what Mr. FORTENBERRY. I thank the who choose not to perform abortions happened in my own district, which is gentleman for yielding me the time. legal recourse if they face, as they where that struggle began—we have Madam Speaker, Americans deserve righted many of these wrongs, and as a often do, overt discrimination. Madam Speaker, H.R. 3 also prevents to know how the government spends Nation, we have come to believe that Federal funds from being used for tax their money, and they are right to men and women of every color and credits that subsidize health insurance refuse the use of their tax dollars for creed are created equal, that we are all coverage that includes elective abor- highly controversial activities—in this entitled to the rights and individual tion through the Patient Protection case, abortion. Let me first make my freedoms at the core of our Nation’s and Affordable Care Act, so-called own position clear. ideals. I am pro-life, and I believe that Today’s proposed legislation up-ends ‘‘ObamaCare.’’ One of the many problems with this law ObamaCare is that women deserve better than abortion; the principle of equal rights and free- but certainly, we can all agree that the doms by placing severe restrictions on there is no statutory language prohibiting premium assistance from being U.S. Government should not take tax the constitutionally protected right to dollars from hardworking Americans to an abortion. Instead of crafting legisla- used for abortions despite many efforts of House and Senate Republicans dur- fund abortion. I really believe it is tion to restrict a woman’s right to time that we look at the reality of safe, secure reproductive health, this ing the last Congress. H.R. 3 provides the assurance that our taxpayer dollars abortion, that we be honest and see the Congress should respect the rights of choice for what it is. It is interesting women and uphold their constitu- will not be used in any form of Federal subsidies for abortion coverage. to note that the early feminist move- tionally protected rights. ment recognized that abortion is a fun- I strongly urge my colleagues to vote So, Madam Speaker, as a father and as an OB/GYN physician who has deliv- damental injustice. Abortion harms ‘‘no’’ on today’s rule and on the under- women. It takes the lives of children, lying bill, which may be the most egre- ered over 5,000 babies, I will be voting to ensure that the Federal Government and it allows a man to escape his re- gious that comes to the floor this year. sponsibility. I reserve the balance of my time. does not use taxpayer dollars for any Mr. NUGENT. Madam Speaker, I elective abortion. I ask all of my col- The abortion industry many times yield 3 minutes to my colleague, Dr. leagues to support this rule as well as profits from all of this pain. Abortion is also so often the result of psycho- GINGREY of Georgia. the underlying bill, H.R. 3. Mr. GINGREY of Georgia. I thank Ms. SLAUGHTER. Madam Speaker, I logical or physical coercion or even the gentleman from Florida for yield- yield 2 minutes to the gentlewoman emotional or physical abandonment, ing. from California (Mrs. DAVIS). which is a tragic social paradigm that I do rise in very strong support of Mrs. DAVIS of California. Madam has caused a deep wound in the soul of this rule as well as the underlying bill, Speaker, I rise in vehement opposition our country. No matter how difficult H.R. 3, the No Taxpayer Funding for to this rule and dangerous legislation, the circumstances, Madam Speaker, I Abortion Act. the No Taxpayer Funding for Abortion believe we can and must do better as a I would also like to commend our col- Act. society, and at a minimum, taxpayer league from New Jersey, Representa- This extreme bill’s title belies its dollars should not be involved. tive CHRIS SMITH, for his leadership on true intent—to go far beyond current This issue has manifested itself again this legislation and for his steadfast law and comprehensively curtail wom- most intently during the health care pro-life stance throughout his tenure en’s health care. This bill isn’t just debate. Unless a prohibition is enacted, in Congress. about taxpayer funding for abortion. It taxpayers will fund abortion under the Madam Speaker, as a practicing OB/ is a comprehensive attack on women’s framework of the new health care law. GYN physician for nearly 30 years, I lives. We hear all the time that people Madam Speaker, abortion is not health

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.023 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3017 care. The House of Representatives re- nesses to make their own health care Madam Speaker, there is no doubt cently voted to stop the use of tax- choices. whatsoever that ending public funding payer funds for abortions in the Dis- Mr. NUGENT. Madam Speaker, I for abortions saves lives. Even the pro- trict of Columbia. For decades, Con- yield 5 minutes to my colleague from abortion Guttmacher Institute in June gress has proscribed Federal funding New Jersey (Mr. SMITH), the author of of 2009 in a report said ‘‘approximately for abortion in this piecemeal fashion H.R. 3. one-fourth of women who would have through the Hyde Amendment and Mr. SMITH of New Jersey. I thank had Medicaid-funded abortions if the other similar provisions in annual ap- my good friend Mr. NUGENT for yielding Hyde amendment didn’t exist instead propriations. and thank him for his leadership. give birth when this funding is unavail- It is time to settle this once and for Madam Speaker, America has able.’’ all as the majority of Americans wish. changed and today is more pro-life I vividly remember the late Con- This bill will provide a comprehensive than ever. By ever-increasing majori- gressman Henry Hyde being moved to prohibition on the use of Federal tax ties, especially among our young peo- tears when he learned that the Hyde dollars to fund the socially divisive ple, the megatrend is to protect the amendment had likely saved the lives issue of abortion, and it is time we child in the womb from the insidious of more than 1 million children, who stopped it. violence of abortion and to protect today are perhaps in school and getting Ms. SLAUGHTER. I yield myself 30 women from the trauma, often lifelong ready for summer vacation, perhaps seconds just to speak to something emotional harm, of procuring an abor- playing sports, or, if they are in their that is very important. tion. twenties or thirties, building their own This paradigm shift, reflected in all H.R. 3 is actually dangerous for wom- families. the major polls, is the direct result of en’s health. By refusing to provide any H.R. 3, the No Taxpayer Funding for pro-life education, pregnancy care cen- exceptions to women who are facing se- Abortion Act, comprehensively ensures ters, pro-life laws, including funding rious health conditions—cancer, heart that all programs authorized and ap- bans, informed consent and parental or whatever that may be—you are forc- propriated by the Federal Government, involvement statutes, the molding of ing women to choose to risk their including ObamaCare, including the consciences by the faith-based commu- health or to risk bankruptcy, and I Hyde amendment, do not subsidize the nity and advances in ultrasound that think that is morally unacceptable. killing of babies except in the rare have shattered the pernicious pro-abor- Under H.R. 3, a woman facing cancer cases of rape, incest and life of the tion myth that the baby in the womb who needs to terminate a pregnancy in mother. isn’t a human person or alive or of in- H.R. 3 ends the current IRS policy al- order to live might have to go into debt nate value. over the $10,000 that the legal and nec- Even Planned Parenthood abortion lowing tax-favored treatment for abor- essary procedure could cost. Despite clinic director Abby Johnson was tions under itemized deductions, HSAs, having both health insurance and tax- shocked into her new pro-life view by MSAs and FSAs. H.R. 3 also ends the preferred savings accounts, this bill witnessing an ultrasound-guided abor- use of tax credits under ObamaCare to would prevent her from having that. tion of a 13-week-old baby who was dis- purchase insurance plans that include I am pleased to yield 11⁄2 minutes to membered and pulverized in real time abortions, except in cases of rape, in- a nurse, the gentlewoman from Cali- right before her eyes at that Texas cest or life of the mother. fornia (Mrs. CAPPS). clinic. Today we seek to end taxpayer com- plicity in abortion violence. No tax- b 1250 But perhaps the greatest reason for the huge shift in public opinion in payer should be coerced to pay, sub- Mrs. CAPPS. I thank my colleague favor of life is the growing number of sidize or facilitate the dismemberment, for yielding. extraordinarily brave post-abortive the chemical poisoning, the starva- Madam Speaker, I rise in strong op- women who deeply regret their abortion—and remember, that is how RU– position to this rule and to the under- tions and today are silent no more. 486 works; it first starves the baby to lying legislation. One post-abortive woman told a death, then the other chemical brings A mere 2 weeks ago, the Republican group outside the U.S. Supreme Court, on delivery of a dead baby—or the majority brought us to the brink of and I heard her say it, that as she lay suctioning to death of a child and the government shutdown over their dis- on the operating table, the abortionist harming of women. approval of Planned Parenthood. But laughed as he inserted a sharp knife Regarding conscience rights, H.R. 3 instead of moving past divisive social into her womb and said, ‘‘Oh, it is try- protects pro-life health care entities by issues and addressing our economic ing to get away.’’ Partially sedated, discrimination by State, local and Fed- challenges with housing and creating the woman immediately pleaded with eral governments and empowers the jobs, we are here again today wit- the nurse and doctor to stop the abor- courts with the authority to prevent nessing the Republicans’ obsession tion and to spare her child. They told and redress actual or threatened viola- with reopening the culture wars. her to shut up. Today she is deeply tions of conscience. H.R. 3 represents the most egregious wounded by that cruel assault, that le- The need for this protection is great. attack on reproductive rights in over thal assault on her baby. According to the Alliance of Catholic 35 years, rights that are protected by Dr. Alveda King, niece of the late Dr. Health Care, which represents Califor- the Supreme Court decision. H.R. 3 Martin Luther King, has had two abor- nia’s Catholic health systems and hos- uses the Tax Code to effectively deny tions. Today she has joined the grow- pitals, ‘‘California’s Catholic hospitals access to insurance that includes abor- ing coalition of women who deeply re- operate in a public policy environment tion care coverage, no matter how it is gret their abortions. Out of deep per- that regularly challenges the concept paid for. What it doesn’t do is trust our sonal pain and compassion for others, of conscience rights protections by at- Nation’s women, trust our Nation’s they challenge us to respect, protect tempting to coerce them and other families, their doctors, their clergy, and tangibly love both mother and health care providers to perform, be and trust small businesses to make child. complicit in or pay for abortions.’’ their own health care choices for their The women of Silent No More give So I urge Members to support this employees. This is unacceptable. Make post-abortive women a safe place to legislation. It is backed by 228 cospon- no mistake, despite the rhetoric com- grieve and a roadmap to reconciliation. sors. ing from the other side of the aisle, the And to society at large, and especially Ms. SLAUGHTER. Madam Speaker, I bill is not about funding. It is about to Congress, these brave women compel yield myself 15 seconds to put in the using our laws and our Tax Code to in- us to rethink and to reassess the cheap real Guttmacher statement, what they fringe upon the rights of women, the sophistry of the abortion culture. Re- have said. ‘‘The claim that restoration protected rights of women and families flecting on her famous uncle’s speech, of Federal Medicaid coverage would re- across this Nation. the ‘‘I Have a Dream’’ speech, Dr. sult in a significant increase in the in- Madam Speaker, it is time that this Alveda King asks us: ‘‘How can the cidence of abortion nationwide is not Congress places trust in our Nation’s dream survive if we murder the chil- supported by research, and extrapo- women, its families and small busi- dren?’’ lating from Guttmacher’s Medicaid

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.025 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3018 CONGRESSIONAL RECORD — HOUSE May 4, 2011 findings to assert that coverage in the is really going to be frayed with this There are those who will say that private insurance market is strongly legislation. So I would urge Members H.R. 3 maintains the status quo. Not linked to abortion incidence is entirely to vote against this legislation. That’s so. H.R. 3 is an extreme, radical meas- illegitimate.’’ out of respect for the fact that there ure that could deny tax credits for I yield 2 minutes to the gentleman are sharply different views on this ex- small businesses, take us back to the from Vermont (Mr. WELCH). traordinarily important question. days when a woman had to prove that Mr. WELCH. I thank the gentlelady. Mr. NUGENT. Madam Speaker, I she was a victim of rape, and violate Henry Hyde was one of the out- yield 21⁄4 minutes to my colleague from women’s medical privacy rights. Do standing Members of the House of Rep- North Carolina (Ms. FOXX). you think small business owners have resentatives in the history of the Ms. FOXX. I thank my colleague the time and needed expertise to deter- House of Representatives. He believed from Florida for yielding me time to mine if their insurance plans cover intently in a pro-life position, and the speak on the importance of protecting abortions? Do you want to take our remarks of colleagues who support this defenseless unborn children and ensur- country back to the days when a legislation are ones that I think Mr. ing taxpayer money is not used to pay woman had to prove that she resisted Hyde would approve of. But he was also for elective abortions. her rapist? Do you want to share your a master legislator, and he understood I do want to explain to my glib friend medical history with an IRS audit? that other people have a different point from Vermont, who is so good on the I was a member of the State legisla- of view than he has, and on the matter floor, that the Hyde amendment itself ture in the 1980s in Hawaii when I of abortion, something that is a matter covers plans as well as direct funding. worked with women and victim advo- of faith for many people, a matter of So I think the people need to know cacy groups to change our sexual as- conscience for everyone, there are dif- there’s a slight correction to the com- sault laws so that the prosecution fo- ferent points of view. ments that he made. cused on the perpetrator of the rape The excellent job that Mr. Hyde did According to a CNN poll last month, rather than on the actions of the vic- was to take direct taxpayer funding Madam Speaker, more than 60 percent tim. Our court system in those days, out of the equation. If there were going of Americans oppose taxpayer-funding because of our law, victimized the vic- to be abortions, they were not going to for abortion. Today, this House has the tims of rape. Hawaii changed its laws. be paid for by taxpayer dollars. This historic opportunity to end the patch- This bill takes us back to those days amendment takes it a radical step fur- work of policies that are intended to when a woman had to show that she re- ther. What it does is it says, if there is prohibit taxpayer funding for abortion sisted. any tax credit that is part of a health by passing a government-wide prohibi- Hawaii was also the first State in the care plan, then this legislation would tion on funding elective abortions. H.R. Nation to decriminalize abortion and prohibit a small business from offering 3, the No Taxpayer Funding for Abor- give a woman the right to choose. The that health care plan to its workers. tion Act, codifies many longstanding person who carried this bill in the leg- Now, just think about the enormous pro-life protections that have been islature was Senator Vince Yano, a de- burden that is being placed on hun- passed under both Republican and vout Catholic. Governor Jack Burns, a dreds, if not thousands, of small busi- Democrat-controlled Congresses. In devout Catholic—he went to mass nesses in Vermont, on millions of small fact, Minority Leader NANCY PELOSI every single day—he allowed this bill businesses in this country. Every one has voted 14 times to prohibit taxpayer to become law in Hawaii, in spite of the of those businesses, where it offers a funding for abortion in the District of fact that he had a lot of pressure as a comprehensive health care plan to Columbia. President Obama voted Catholic to veto this bill. He could their employees that may include abor- against taxpayer funding of abortion in have done so. He respected the right of tion services, suddenly has to unravel the District of Columbia twice when he a woman to choose. those plans and deny that coverage to was in the Senate; and since being I urge my colleagues to join me in its workers. So what we have is an ac- elected President, he’s signed appro- voting against this rule and this bill. tion by the sponsors of this legislation priations legislation into law that pro- Mr. NUGENT. Madam Speaker, I that would impose its will far beyond hibits this funding. yield 1 minute to my colleague from what Mr. Hyde ever did or sought to do As you can see, Madam Speaker, op- Michigan (Mr. HUIZENGA). on every small business in this coun- position to taxpayer funding for abor- Mr. HUIZENGA of Michigan. I thank try. tion is bipartisan, bicameral, and sup- my colleague for this opportunity. b 1300 ported by the American people. There’s You’re seeing the old argument of By the way, there’s another issue nothing more important than pro- Washington versus the new realities of here, a precedent. If now we’re starting tecting voiceless unborn children and America. We have two distinct issues to interfere with the use of tax credits, their families from the travesty of here. Those two issues are: one, life; does this mean the next target is what abortion. Therefore, I urge my col- two, the taxpayer. I think those things kind of home you buy if you’re going to leagues to vote for life by voting in are becoming very stark. Here we are, get the use of a taxpayer deduction? favor of this rule and the underlying a situation where a President has The SPEAKER pro tempore. The bill and say that my colleague from signed an executive order to do many time of the gentleman has expired. Vermont said we can differ on opinions, of the exact same things—to not allow Ms. SLAUGHTER. I yield the gen- but this is the right position to take. Federal-funded abortions to be hap- tleman 1 additional minute. Ms. SLAUGHTER. Madam Speaker, I pening. Yet somehow we shouldn’t be Mr. WELCH. I thank the gentlelady. am pleased to yield 2 minutes to the putting this into law. It seems common Does it mean that if you’re doing re- gentlewoman from Hawaii (Ms. sense that we would do that. We need search on biotechnology, that the tax HIRONO). to do this to protect the taxpayer. If credit is going to be restricted and dic- Ms. HIRONO. I thank the gentle- you look at polling, you look at the tated by a majority, whoever it hap- woman from New York. number of things that are going on, we pens to be, of this House of Representa- Madam Speaker, I rise today in oppo- cannot allow Federal funds to be used tives? The basic question for this Con- sition to the rule and in opposition to and our taxpayers to be used for this gress is whether we’re going to allow H.R. 3, a bill that threatens women’s procedure. the status quo to exist through the health and access to care. Over the Now let’s move on to life. We know Hyde amendment where people can ex- past 2 weeks, as I traveled in my dis- the sanctity of life that is there from ercise their conscience on this impor- trict, the top-of-mind issues were the that very conception until natural tant question, or are we going to have economy and jobs. Now that we’re back death. We need to protect that. We a dictation from this Congress that ab- in D.C., instead of working together on need to protect that atmosphere as a solutely and completely prohibits peo- bills that move our economy forward, government. That is not our job to pro- ple from making that choice them- we’re asked to debate divisive social mote that horrendous operation. It’s selves. policy. Clearly, the priorities of the our job to protect those children. The mutual respect that Mr. Hyde Republican majority do not match Ms. SLAUGHTER. Madam Speaker, I understood we needed in this country those of the people of Hawaii. am pleased to yield 2 minutes to the

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.027 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3019 gentlewoman from California (Ms. Ms. SLAUGHTER. Madam Speaker, I Mr. ROE of Tennessee. I thank the SPEIER). yield 2 minutes to the gentleman from gentleman for yielding. Ms. SPEIER. I thank you, Madam New Jersey (Mr. ANDREWS). Madam Speaker, I rise today in sup- Chairman. (Mr. ANDREWS asked and was given port of H.R. 3, the No Taxpayer Fund- Madam Speaker, I rise in strong op- permission to revise and extend his re- ing for Abortion Act. I am a proud co- position to this legislation. Gas prices marks.) sponsor of this legislation. are approaching $5 a gallon, millions of Mr. ANDREWS. Madam Speaker, if a As an obstetrician and gynecologist, Americans are looking for work, and proposal were brought to the House I have delivered nearly 5,000 babies, and we’re busy turning the Tax Code into a floor that said the following, ‘‘If an I strongly support the sanctity of life. moral club. Forget that abortion is a American makes a charitable contribu- I believe life is a precious gift from God legal procedure. Forget the Repub- tion and takes a deduction on his in- that begins at conception. I have seen licans want limited government when come tax return, that we’re going to human development occur from the it comes to protecting you in the work- disallow the charitable deduction if the earliest stages of a small fetus all the place but Big Government when it group that’s receiving the money pro- way through birth. The magic of the comes to regulating your bedroom. motes gun ownership, gun rights or gun heartbeat at 26 to 28 days post-concep- This isn’t about anyone’s position on education,’’ I suspect it would not get tion is indescribable in my field like abortion. Roe v. Wade was decided 38 one vote on the Republican side of the this, which strengthens my conviction years ago. It’s the law of the land. This aisle, and it shouldn’t get any votes on of the right to life. is about whether we should use the Tax the Democratic side of the aisle be- Since 1976 until the passage of Presi- Code as a moral club to impose the re- cause it’s wrong and it’s probably un- dent Obama’s health care reform law, ligious beliefs of a few Members of Con- constitutional. Congress prevented taxpayer funding gress on the entire Nation. That is exactly what the underlying for abortions. Unless abortion is spe- What’s next? Some find it immoral to bill does here. It says that an American cifically excluded from Federal insur- drink alcohol or gamble. Should we exercising his or her constitutional ance plans, the courts and administra- outlaw business deductions for meals right, in this case her constitutional tive agencies have historically man- right, with their own money, will suf- that include wine? How about business dated it. That’s why the language in fer a negative tax consequence because conventions in Las Vegas? Many people H.R. 3 is so important and necessary. It the majority wants them to. explicitly states that taxpayer dollars are morally opposed to profanity. Understand this. If an American should not be used to fund abortion. Maybe we should make it against the woman, with her own money, chooses Abortion is not a business our gov- law to swear when filling out your to exercise her constitutional right, ernment should be involved in. Because taxes. she will be suffering an increase in something is legal doesn’t mean you Now, how about more serious issues? taxes as a result of making this deci- should do it. Regardless of how people Many of my constituents think the war sion. I scarcely say that anyone on the felt about the President’s health care in Iraq is immoral. The same goes for majority side would agree that if we law, people shared the belief that the subsidies for Big Oil and tax breaks picked one of their favorite social President’s Executive order on this that reward corporations for shipping issues and said we’re going to raise subject was simply insufficient. I agree our jobs overseas. taxes on people who engage in that so- Singling out abortion is wrong. Even cial issue, much less than a constitu- with this concern and believe that fur- worse, it’s a distraction from the seri- tional right, that they would agree ther efforts need to be made to ensure ous challenges our Nation faces. If Re- with this. that no taxpayer funds are ever used publicans want to overturn Roe v. This is not a debate about abortion. for this purpose. Wade, they should draft a bill and give This is a debate about privacy. It’s a Under H.R. 3, Federal funds are it their best shot; but don’t use the Tax debate about individual liberty and the statutorily prohibited from being in- Code as a bludgeon because you don’t right of people to do what they choose volved in any type of health care cov- have the votes. with their own money, particularly erage or benefits that include abortion. Mr. NUGENT. Madam Speaker, I when they’re enforcing one of their This means future Presidents, or even yield 1 minute to my colleague from own constitutional rights. our President, can’t go back and insert Ohio (Mr. CHABOT). I would also say for the record, it’s abortion coverage on a whim. Mr. CHABOT. Madam Speaker, I rise my understanding that if this bill is As legislators, we carry the responsi- today in strong support of H.R. 3, the carried out, a person who is a minor bility and privilege to protect those No Taxpayer Funding for Abortion Act. who is a victim of statutory rape may who do not have a voice. We must A majority of Americans have made not be able to avail herself of her con- make our laws consistent with our it clear that they oppose the govern- stitutional rights with her family’s science and restore full legal protec- ment using their tax dollars to pay for own money. tions to all who are waiting to be born. abortions, and it’s time that we perma- The SPEAKER pro tempore. The This starts with legislation like H.R. 3. nently extend the Hyde amendment, time of the gentleman has expired. One of government’s core functions is which bans this irresponsible practice. Ms. SLAUGHTER. I yield the gen- to protect the most innocent among us, Particularly in our current budget sit- tleman an additional 30 seconds. and I will do my best to ensure that uation, the Federal Government should Mr. ANDREWS. I know very well, government fulfills its duty. I will al- not be subsidizing abortions. Madam Speaker, that people feel pas- ways fight for the right to life because sionately about the right to life and it is my belief that we are unique cre- 1310 b the right to choose, and this is the ations of God who knows us and loves Additionally, this bill permanently forum in which that debate ought to us even before we are conceived. extends important legal protections for take place. But using the Internal Rev- Ms. SLAUGHTER. Madam Speaker, I doctors and other health care providers enue Code to either punish or reward yield 2 minutes to the gentlewoman who refuse to perform abortions to certain social conduct, particularly from the District of Columbia (Ms. which they are morally opposed. Every conduct that is in the exercise of a con- NORTON). doctor and health care provider de- stitutional right, is wrong, and if any- Ms. NORTON. I thank the gentle- serves the right to act according to his one on the majority side would like to woman for yielding and for her strong or her own conscience, and this impor- tell me that they would vote for that work on this bill. tant legislation will ensure that he or NRA provision, I welcome that. I Madam Speaker, this bill is unprece- she is not punished for doing so. wouldn’t, because it’s an impermis- dented in a number of ways. It is un- Madam Speaker, the American peo- sible, unconstitutional burden on the precedented in that it uniquely affects ple support this legislation. They do constitutional rights of Americans. So my district, and yet I was not allowed not want their tax dollars used to pay is this. to testify at the hearing of the Judici- for abortions. Let’s stand together Mr. NUGENT. Madam Speaker, I ary Committee where it was consid- today and do the fiscally and morally yield 3 minutes to my colleague from ered. It is unprecedented in its attack responsible thing—vote to pass H.R. 3. Tennessee, Dr. ROE. on a woman’s right to choose, going

VerDate Mar 15 2010 03:33 May 05, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.029 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3020 CONGRESSIONAL RECORD — HOUSE May 4, 2011 well beyond the Hyde amendment. And against the CR. This means 36 Democratic ance to oppression while promoting freedom it is unprecedented in seeking to fed- votes were needed to reach 218 votes for pas- and democracy. Given the principles upon eralize the local funds of the District of sage. According to media reports, most which this nation was founded, and America Columbia. House Republicans who voted against the CR contrives to promote steadfastly world-wide, did so because it did not cut enough spend- how can you justify the disparate and dis- Section 309 of this bill would make ing, not because of the absence of the respectful treatment to which District resi- permanent the ban in the recent 2011 Planned Parenthood or of any other rider. In dents are subjected? spending bill that keeps the District fact, the CR was remarkably clean, with The Constitution guarantees every citizen from spending its own local funds on only four riders. Only two were controver- of age a direct line of communication to the abortions for poor women. That’s bad sial, D.C. abortion and a new private school highest levels of our representative govern- enough, but the party that came to voucher program in the District. It is no ment so that their interests are always power even to devolve Federal power wonder that the District felt abandoned. heard and protected. Our interests are not The D.C. abortion rider, as well as every being protected, they are being stripped from back to the States is engaged in the re- other anti-home-rule rider, was removed dur- verse process in this bill, in federal- us. As an elected member of the national ing the last four years of Democratic con- government, we implore you not to further izing what has always been understood gressional control. This was a historic first encroach upon the rights of the people who in our Constitution to be local power that could not have been achieved without live in our city. and, worse, local money and deciding your help. As the fiscal year 2012 appropria- I cannot urge you strongly enough to re- how it should be spent. tions process begins, we believe it would be move the District from this bill as we are It is a dictatorship over local funds. invaluable if you stated, early and publicly, not a component of the federal government. It goes against every principle that the your opposition to the inclusion of the D.C. Regards, abortion rider in the fiscal year 2012 appro- majority claims to support when it VINCENT C. GRAY, priations bill. This is perhaps the only way Mayor. cites the Constitution. It goes against to keep it out of the bill after Democrats the accepted practice, a practice you agreed to it in the CR. Such a statement COUNCIL OF THE can do nothing about in the States, would not only help in fiscal year 2012, it DISTRICT OF COLUMBIA, would discourage House Republicans from es- where 17 States have, of course, spent Washington, DC, May 3, 2011. calating their attacks on women in the Dis- their own local funds on abortions for Minority Leader NANCY PELOSI, poor women for decades, recognizing trict, which are already underway. An odious anti-choice bill, H.R. 3 (the No House of Representatives, that this could not be done with Fed- Taxpayer Funding for Abortion Act), is due Washington, DC. eral money. on the House floor this week. It would make DEAR MINORITY LEADER PELOSI: We write The District of Columbia does not the D.C. abortion rider permanent. Although in strong opposition to H.R. 3, the ask for 1 cent of Federal money. In the we know you will not allow H.R. 3 to pass in misleadingly named ‘‘No Taxpayer Funding same way, the District of Columbia de- the Senate, House Republicans may feel for Abortion Act,’’ because it has nothing to mands that its local funds be kept local emboldened to bring up a permanent D.C. do with federal funds. The bill would prohibit abortion ban as a stand-alone bill or to at- the District of Columbia from using its own, for us as for every other jurisdiction of locally-raised funds to support abortion serv- this body. tach it to another bill. The consideration of H.R. 3 on the House floor could provide you ices for low-income women. CONGRESSIONAL BLACK CAUCUS, an occasion to speak out against it and to The bill would overturn the rule of local Washington, DC, May 3, 2011. note the D.C. provision as a special reason government. Republicans and Democrats na- DEAR SENATORS BOXER, CANTWELL, FEIN- for your opposition. You could also use this tionwide believe that local governments STEIN, GILLIBRAND, HAGAN, KLOBUCHAR, opportunity to indicate your opposition to a should decide what is best with respect to LANDRIEU, MCCASKILL, MIKULSKI, MURRAY, D.C. abortion rider in the fiscal year 2012 ap- local issues. This belief is bedrock American SHAHEEN, AND STABENOW: We, the women of propriations bill. principle that extends from the original the Congressional Black Caucus, write for District women have no vote in Congress Founding Fathers to today’s Tea Party ac- two reasons. First, we want to express our and no representation in the Senate. The tivists. It is also the principle underlying gratitude to you, the Democratic women of city’s low-income women need the support of your own Home Rule Act for the District— the Senate, for successfully blocking the women in Congress who not only have a the purpose of which is ‘‘to relieve Congress Planned Parenthood rider from the final fis- vote, but who have also shown they will of the burden of legislating upon essentially cal year 2011 continuing resolution (CR). The stand with women everywhere. local District matters.’’ rider was an attack on the health and lives Sincerely, H.R. 3 would make the District of Colum- of all American women, especially women of Barbara Lee, Karen Bass, Donna bia the only jurisdiction in the country that modest means. The public conditioning of Christensen, Eddie Bernice Johnson, is prohibited from choosing whether or not your support for the CR on the exclusion of Corrine Brown, Yvette Clarke, Donna to use its own locally-raised funds to support the rider made the critical difference. We Edwards, Sheila Jackson Lee, Laura low-income abortion services. It would be a agreed with your strong position, which Richardson, Terri Sewell, Marcia Pyrrhic victory for abortion opponents, as it showed the country that you would not Fudge, Gwen Moore, Maxine Waters, does nothing to affect Congress’ inability to abandon women in a tough fight. Although Frederica Wilson, Members of Con- overrule the 17 states that currently fund our party is in the minority in the House, we gress. abortion services for low-income residents. are ready to join with you to defeat future The 600,000 residents of the District have Republican attacks on women’s health. DISTRICT OF COLUMBIA, neither a voice nor a vote in the Congress to However, we are deeply disappointed that May 4, 2011. defend against this renewed assault that is low-income women in the District of Colum- DEAR MEMBERS OF CONGRESS: I write to ex- H.R. 3. We urge members of Congress to re- bia were sacrificed during the CR negotia- press my outrage with legislation that is spect the District and the fundamental tions. The Administration and Senate Demo- pending before the House of Representatives, American principle of local rule. We urge cratic Leadership agreed to re-impose a rider H.R. 3, which contains language extremely you to be helpful, not harmful, to our efforts prohibiting the District government from offensive to the District of Columbia. I ask to improve public health and safety. We urge spending its own local taxpayer-raised funds you to withdraw the bill from consideration you to vote against H.R. 3. on abortions for low-income women. The immediately. Sincerely, poor women in the District have already H.R. 3 purports to limit the use of taxpayer Kwame R. Brown, Chairman; Phil begun to feel the terrible effects of the rider. funds for a constitutionally protected activ- Mendelson, Councilmember At-Large; Abortions are time-sensitive, and scores of ity, but in truth, it goes much further in its Sekou Biddle, Councilmember At- women scheduled for District-funded abor- effects on the District of Columbia. The lan- Large; David Catania, Councilmember tions at a Planned Parenthood clinic imme- guage used in the bill converts the District At-Large; Michael A. Brown, Council- diately had their appointments canceled. into a Federal property for the first time in member At-Large; Jim Graham, This paradox cannot be overlooked. Non- its history. This unprecedented affront to Councilmember Ward 1; Jack Evans, profits in the District, including the DC the sovereignty of a local and state govern- Councilmember Ward 2; Mary M. Cheh, Abortion Fund which helps D.C. women pay ment would never be contemplated anywhere Councilmember Ward 3; Muriel Bowser, for abortions, are desperately trying to raise else in the United States. Yet, the District is Councilmember Ward 4; Harry Thomas, funds to mitigate the harm done by the particularly singled out in the bill for such Jr., Councilmember Ward 5; Tommy rider. treatment. Wells, Councilmember Ward 6; Yvette Not only did this concession by Democrats This effort to alter the entire status of the Alexander, Councilmember Ward 7; violate our party’s long-standing support for District Government is truly beyond the Marion Barry, Councilmember Ward 8. reproductive choice and for the District’s pale. The District of Columbia is comprised right to self-government, it was unnecessary. of 600,000 people who deserve the same rights Mr. NUGENT. Madam Speaker, I As House Minority Leader Nancy Pelosi has as other citizens and residents of their na- yield 2 minutes to my colleague from noted, fifty-nine House Republicans voted tion. American history is defined as resist- New Jersey (Mr. GARRETT).

VerDate Mar 15 2010 04:36 May 05, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.044 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3021 Mr. GARRETT. I thank the gen- Let me tell you and conclude on this. cans consider themselves pro-life more tleman. I’m the father of two beautiful girls. than ever. Before I begin my remarks, I just When I look at them, I see the promise Polls also show that a large majority have to say that I am really shocked of tomorrow. My life is, without ques- of Americans oppose taxpayer subsidies by the statement from my friend and tion, better for the love I share with for abortion and abortion coverage. An colleague from the State of New Jersey them. America is better for each child April 2011 CNN poll found that 61 per- as well when he basically makes the and life that is here. cent of respondents opposed using pub- bold statement that basically by tak- So I will come to this floor and con- lic funds for abortion. A November 2009 ing away a subsidy of sorts of what tinue to fight to protect the most fun- Washington Post poll showed 61 per- we’re doing here, and that translates to damental right of the unborn in each of cent of respondents opposed govern- a tax increase on an individual. Noth- us: the right to life. ment subsidies for health insurance ing, of course, is done in this legisla- Ms. SLAUGHTER. Madam Speaker, I that includes abortion. A September tion to that effect. am pleased to yield 13⁄4 minutes to the 2009 International Communications Re- I come to the floor today and rise in gentlelady from New York (Mrs. search poll showed that 67 percent of full support of H.R. 3, the No Taxpayer MALONEY). respondents opposed measure that Funding for Abortion Act. I commend Mrs. MALONEY. I thank the gentle- would require people to pay for abor- everyone who has worked on this, espe- lady for yielding and for her leadership tion coverage with their Federal taxes. cially my other colleague from New not only on this but so many impor- Our constituents and our conscience Jersey (Mr. SMITH) not only for spon- tant issues. demand of us that we wait no longer. soring the bill before us today but for I want to make it very clear, in re- We must permanently end taxpayer being a leader on this important issue. sponse to the gentleman’s statement, funding of abortion and protect the You see, by passing this bill, what we there are no taxpayer-funded abortions lives of unborn children. really do is establish a permanent gov- now. There weren’t any yesterday, and Ms. SLAUGHTER. I reserve the bal- ernment-wide prohibition on subsidies there won’t be any in the future. H.R. ance of my time. for abortion and abortion coverage, 3 goes far beyond current law. It is Mr. NUGENT. I yield 2 minutes to while giving the doctors opposed to stunning in its scope, appalling in its my colleague from Iowa (Mr. KING). abortion certain protections to safe- indifference, and outrageous in its ar- Mr. KING of Iowa. I thank the gen- guard them from performing abortions rogance. tleman for yielding, and I appreciate against their will. The right to choose is absolutely the privilege to come here to the floor meaningless without access to choice, and stand up for the rights of the inno- 1320 b and H.R. 3 creates obstacles for women cent unborn in this country. This is a commonsense bill. It is con- to access safe, legal, and constitu- At the root of this issue is the ques- sistent with the opinions of the major- tionally protected health care. This tion of what is human life and is it sa- ity of Americans who have voiced oppo- makes access to abortion coverage incred in all of its forms and at what in- sition to Federal funding for abortion. credibly difficult, and I would say that stant does it begin, and I think all of See, I believe that the time has come the bill is not only an attack on wom- us with a conscience will recognize to do away with the patchwork ban en’s rights, but it is also an attack on that human life needs to be sacred in currently in place with a law that ex- the rights of the private insurance all of its forms and it begins at the intends the Hyde amendment to all as- companies and small businesses. stant of conception, and once we come pects of spending authority here in It tells private insurance companies to that conclusion we stand up to de- Congress. how to run their businesses, raises fend every voiceless innocent miracle Now, I know my colleagues on the compliance costs for small business, that’s on its way into breathing free other side of the aisle will tell you that and even tells the local government air into this country. cutting off funding to abortion services how they may spend their money. The And to think that we are compelling will only cause abortion rates to do bill manages to offend nearly every the American taxpayer to fund abor- what? Rise, they say, but just the oppo- high-sounding principle the other side tions across this country and in foreign site. In fact, published research by the says they stand for. lands on occasion, because we can’t pro-abortion Alan Guttmacher Insti- So if you truly believe in the freedom quite hear that voice—Henry Hyde tute shows what? That we would actu- of the individual and the wisdom of heard that voice, and we’re standing up ally see a 25 percent decrease in abor- free market, vote ‘‘no’’ on this abso- with and for Henry Hyde. I so much ap- tions. lutely appalling piece of work. It is preciate him and CHRIS SMITH, who is Furthermore, contrary to what the anti-woman, anti-choice, anti-respect, the principal author of the underlying opposition would have you believe, this and anti-business. It is a totally flawed legislation. legislation will not affect funding for bill, goes far further than any existing I rise in support of this rule, Madam family planning services. It will only law, and it is the deepest and strongest Speaker, and I rise in support of the in- prevent funding and subsidies for abor- attack on a woman’s right to choose nocent unborn. The conscience of tion and abortion coverage. that has come before this body in my America must be heard in this debate So it’s important to point out that lifetime. today, on this rule and on the under- taxpayers across the country do not be- And the Republican majority says its lying bill. The voice of the voiceless lieve that they should be funding abor- priority is jobs and job creation, but need to be heard, that of those people tion coverage. Well, just last week in their actions speak louder than words. who were not heard in the life we will Indiana, Governor Daniels signed prob- They want to come into the bedroom. hear from in the next, as Henry Hyde ably the most comprehensive taxpayer They want to come between a woman so eloquently said. But an America protection law. and her doctor. It is an appalling bill. that is a pro-life America, with over 60 The SPEAKER pro tempore. The Please vote ‘‘no.’’ percent that oppose Federal funding, time of the gentleman has expired. Mr. NUGENT. Madam Speaker, I taxpayer-funded abortions, this is a Mr. NUGENT. I yield the gentleman yield 1 minute to my colleague from consistent position that reflects the an additional 30 seconds. Tennessee (Mr. FINCHER). will of the American people. We must Mr. GARRETT. As I was saying, just Mr. FINCHER. I rise in support of the draw this line not just with Planned last week in Indiana, the Governor rule. Parenthood but every abortion pro- signed probably the most comprehen- Over 20 years ago, in his 1985 book, vider in the country. If they can’t sive taxpayer protection law to prevent ‘‘For Every Idle Silence,’’ Congressman make it in the market on their own, we taxpayers from doing what? Sub- Hyde wrote ‘‘It is becoming culturally have no business subsidizing them sidizing abortion. I was reading the ar- fashionable to protect the defenseless without regard to the impact on our ticle in the L.A. Times. They said this unborn.’’ Those words hold even truer overall economy. is probably going to go in other States. today as polling continually shows the Madam Speaker, I’m pleased and Why is that? Because it’s the will of majority of Americans oppose the vast proud to be here today to take this the people. majority of abortions and more Ameri- stand, and I’m pleased and proud of the

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.032 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3022 CONGRESSIONAL RECORD — HOUSE May 4, 2011 entire Pro-Life Caucus that’s here in lions of small businesses now offering you believe that H.R. 3 is about taking the United States Congress, both health insurance to employees and eli- away a woman’s right to choose. That Democrats and Republicans alike, who gible for the new tax credits’’ that is simply not true. H.R. 3 is about en- have done so much over the years to come from the new health care bill. suring that taxpayers aren’t on the bring us to this point of consensus. And [From The Hill’s Congress Blog, May 2, 2011] hook for paying for that choice. My this is a consensus that will be re- H.R. 3 A DELIBERATE ATTACK ON SMALL Democratic colleagues would have you flected on this vote on the rule and on BUSINESS believe that we want to raise your the vote on the underlying bill, a con- (By Frank Knapp, Jr.) taxes and allow the IRS to audit sensus of the American people with After decades of escalading group health women. Again, that is simply not true. their resounding support for this rule insurance premiums and demands for Con- The bill is about one thing: keeping our and the underlying bill. gressional action for relief, a little over one tax dollars from being spent for elec- Ms. SLAUGHTER. Madam Speaker, I year ago many of our small businesses fi- tive abortions on demand. yield myself the balance of my time to nally were given the opportunity for federal The United States is currently bor- close. health insurance tax credits. rowing 42 cents of every dollar we I first want to remind people what Now H.R. 3, up for a vote this week, threatens to erase this benefit for small businesses spend. We are in debt and spending we’ve said about statutory rape. When because it would eliminate the health insur- money we don’t have. We need to focus this bill was first introduced, it modi- ance tax credits under the Affordable Care on bringing our government back to its fied the long-standing rape exception Act for any existing or new plans that pro- core mission. You can’t tell me that to the Hyde amendment by adding the vide coverage for abortion. paying for elective abortions is part of term ‘‘forcible’’ before the word The problems H.R. 3 would cause for small our core mission. ‘‘rape.’’ In other words, the victim of businesses that are trying to do the right I yield back the balance of my time, rape had to show wounds and other thing and offer health insurance have nothing to do with the ideological intent of this and I move the previous question on matters that she really was forcibly bill. Even if a small business owner agrees the resolution. raped before she could be covered, but with the intent, the cost of passage of H.R. 3 The previous question was ordered. they changed that because there was in terms of time, money and continuity of The SPEAKER pro tempore. The such an outcry. But they have found policy is very significant. question is on the resolution. another way to get to exclude other Small business owners do not have the ex- The question was taken; and the victims of rape. Just saying those pertise to closely examine healthcare plans Speaker pro tempore announced that to determine if abortion coverage is in- words scandalizes me. the ayes appeared to have it. The House Judiciary Committee re- cluded. Such services are not labeled ‘‘abortion’’ but rather fall into numerous clauses Ms. SLAUGHTER. Madam Speaker, port, which will be used by the courts in a health care policy from prescription on that I demand the yeas and nays. to interpret the intent of this bill, says drugs to outpatient surgery to maternity The yeas and nays were ordered. the bill will not allow the Federal Gov- care that includes unforeseen complications. The vote was taken by electronic de- ernment to subsidize abortions in cases Small business owners are no more prepared vice, and there were—yeas 243, nays of statutory rape, claiming that this to completely understand the fine print of 177, not voting 12, as follows: reflects existing law, and of course it their health insurance policies than mem- [Roll No. 286] does not. Statutory rape is one of the bers of Congress. most serious of crimes because the Requiring a small business owner to try to YEAS—243 understand the intricacies of their health in- young woman involved has not given Adams Dent Herrera Beutler surance policies would require considerable Aderholt DesJarlais Holden consent and, indeed, is not allowed to time on their own or with an insurance Alexander Dold Huelskamp because of her age. How dare we do agent (who also probably has no idea how to Altmire Donnelly (IN) Huizenga (MI) that? Have they not suffered enough? interpret the verbiage in the policy as it re- Amash Dreier Hultgren The Hyde amendment does not dis- lates to abortion). Essentially H.R. 3 will Austria Duffy Hunter cause a small employer to divert time from Bachmann Duncan (SC) Hurt tinguish between statutory rape or any Bachus Duncan (TN) Issa other kind of rape. In fact, a 1978 regu- running the business. And if time is money, Barletta Ellmers Jenkins lation implementing the Hyde amend- as we are all told, then H.R. 3 will be an in- Bartlett Farenthold Johnson (IL) crease in cost for small businesses offering Barton (TX) Fincher Johnson (OH) ment makes clear that it includes vic- health insurance. Bass (NH) Fitzpatrick Jones tims of statutory rape in the funding Small businesses that finally determine Benishek Flake Jordan exemption. that their health insurance policy does in Berg Fleischmann Kelly Now, if most people in the United fact cover even one abortion service will be Biggert Fleming Kildee Bishop (UT) Flores King (IA) States don’t want their tax money used financially punished in one of two ways. Ei- Black Forbes King (NY) for abortions, they can relax. We’ve not ther they can keep their present policy and Blackburn Fortenberry Kingston been using tax money for 38 years. lose thousands of dollars in hard won tax Bonner Foxx Kinzinger (IL) We’re not going to change that with credits or they will give up their current Bono Mack Franks (AZ) Kline health plan and most likely have to pay Boren Frelinghuysen Labrador this bill. That’s not the intent of this higher premiums for a new plan. The latter Boustany Gallegly Lamborn bill at all. It’s simply the title, which will result from both re-underwriting by a Brady (TX) Gardner Lance is meaningless. Brooks Garrett Landry new carrier and adding provisions now re- Broun (GA) Gerlach Lankford b 1330 quired in any new policy. This is especially Buchanan Gibbs Latham true since the health insurance exchanges Bucshon Gibson LaTourette What it does do is it increases taxes will not be in place until 2014 to increase Buerkle Gingrey (GA) Latta on middle class and lower-income competition for this business. Burgess Gohmert Lewis (CA) women and their families, but it sin- H.R. 3 is simply a slap in the face to the Burton (IN) Goodlatte Lipinski millions of small businesses now offering Calvert Gosar LoBiondo gles out small business employers and Camp Gowdy Long health insurance to employees and eligible penalizes them if they provide com- Campbell Granger Lucas prehensive insurance coverage that infor the new tax credits. Targeting small Canseco Graves (GA) Luetkemeyer businesses for such punitive action, while ig- Cantor Graves (MO) Lungren, Daniel cludes abortion. Nearly two-thirds of noring big businesses that also receive tax Capito Griffin (AR) E. all voters polled—this is two-thirds— benefits when offering health insurance, Carter Griffith (VA) Mack oppose this draconian change in the demonstrates a callous disregard for the Cassidy Grimm Manzullo tax system for small business and indi- ‘‘backbone of our economy’’, as members of Chabot Guinta Marchant Chaffetz Guthrie Marino viduals with plans that cover abortion. Congress love to proclaim. Coble Hall McCarthy (CA) In fact, even most Republicans, tea I yield back the balance of my time. Coffman (CO) Hanna McCaul party supporters, anti-abortion work- Mr. NUGENT. Madam Speaker, I Cole Harper McClintock Conaway Harris McCotter ers, and evangelical Christians oppose need to correct one thing. The word Costello Hartzler McHenry the tax increase. ‘‘forcible’’ is nowhere in the statute or Cravaack Hastings (WA) McIntyre As the head of the South Carolina the legislation as we have it on the Crawford Hayworth McKeon Small Business Chamber of Commerce floor. Crenshaw Heck McKinley Culberson Heller McMorris wrote in a Hill column Monday: ‘‘H.R. Madam Speaker, my colleagues on Davis (KY) Hensarling Rodgers 3 is simply a slap in the face to the mil- the other side of the aisle would have Denham Herger Meehan

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.034 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3023 Mica Ribble Smith (NE) b 1356 ‘‘306. Non-preemption of other Federal laws. Miller (FL) Rigell Smith (NJ) Ms. BROWN of Florida changed her ‘‘307. Construction relating to complications Miller (MI) Rivera Smith (TX) arising from abortion. Miller, Gary Roby Southerland vote from ‘‘yea’’ to ‘‘nay.’’ Mulvaney Roe (TN) Stearns Messrs. COFFMAN of Colorado, ‘‘308. Treatment of abortions related to rape, incest, or preserving the life of the Murphy (PA) Rogers (AL) Stivers GARY G. MILLER of California, and Myrick Rogers (KY) Stutzman mother. Neugebauer Rogers (MI) Sullivan HELLER changed their vote from ‘‘309. Application to District of Columbia. Noem Rohrabacher Terry ‘‘nay’’ to ‘‘yea.’’ ‘‘310. No government discrimination against cer- Nugent Rokita Thornberry So the resolution was agreed to. Nunes Rooney tain health care entities. Tiberi Olson Ros-Lehtinen The result of the vote was announced Tipton ‘‘§ 301. Prohibition on funding for abortions Palazzo Roskam as above recorded. Turner Paul Ross (AR) A motion to reconsider was laid on ‘‘No funds authorized or appropriated by Fed- Upton Paulsen Ross (FL) the table. eral law, and none of the funds in any trust Pearce Royce Walberg fund to which funds are authorized or appro- Pence Runyan Walden Mr. SMITH of Texas. Madam Speak- Walsh (IL) er, pursuant to House Resolution 237, I priated by Federal law, shall be expended for Peterson Ryan (WI) any abortion. Petri Scalise Webster call up the bill (H.R. 3) to prohibit tax- West Pitts Schilling payer funded abortions and to provide ‘‘§ 302. Prohibition on funding for health bene- Platts Schmidt Westmoreland fits plans that cover abortion Poe (TX) Schock Whitfield for conscience protections, and for Pompeo Schweikert Wilson (SC) other purposes, and ask for its imme- ‘‘None of the funds authorized or appro- Posey Scott (SC) Wittman diate consideration. priated by Federal law, and none of the funds Price (GA) Scott, Austin Wolf in any trust fund to which funds are authorized Womack The Clerk read the title of the bill. Quayle Sensenbrenner The SPEAKER pro tempore (Mrs. or appropriated by Federal law, shall be ex- Rahall Sessions Woodall pended for health benefits coverage that in- Reed Shimkus Yoder MYRICK). Pursuant to House Resolution cludes coverage of abortion. Rehberg Shuler Young (AK) 237, in lieu of the amendment in the na- Reichert Shuster Young (FL) ture of a substitute recommended by ‘‘§ 303. Limitation on Federal facilities and Renacci Simpson Young (IN) employees the Committee on the Judiciary, print- NAYS—177 ed in the bill, the amendment in the ‘‘No health care service furnished— ‘‘(1) by or in a health care facility owned or Ackerman Garamendi Owens nature of a substitute printed in House operated by the Federal Government; or Andrews Gonzalez Pallone Report 112–71 is adopted and the bill, as Baca Green, Al Pascrell ‘‘(2) by any physician or other individual em- Baldwin Green, Gene Pastor (AZ) amended, is considered read. ployed by the Federal Government to provide Barrow Grijalva Payne The text of the bill, as amended, is as health care services within the scope of the phy- Bass (CA) Gutierrez Pelosi follows: sician’s or individual’s employment, Becerra Hanabusa Perlmutter H.R. 3 Berkley Hastings (FL) Peters may include abortion. Berman Heinrich Polis Be it enacted by the Senate and House of Rep- ‘‘§ 304. Construction relating to separate cov- Bishop (GA) Higgins Price (NC) resentatives of the United States of America in erage Bishop (NY) Himes Quigley Congress assembled, Blumenauer Hinchey Rangel SEC. 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘Nothing in this chapter shall be construed as Boswell Hinojosa Reyes (a) SHORT TITLE.—This Act may be cited as prohibiting any individual, entity, or State or Brady (PA) Hirono Richardson the ‘‘No Taxpayer Funding for Abortion Act’’. locality from purchasing separate abortion cov- Braley (IA) Holt Richmond ABLE OF ONTENTS erage or health benefits coverage that includes Brown (FL) Honda Rothman (NJ) (b) T C .—the table of contents for this Act is as follows: abortion so long as such coverage is paid for en- Butterfield Hoyer Roybal-Allard tirely using only funds not authorized or appro- Capps Inslee Ruppersberger Sec. 1. Short title; table of contents. Capuano Israel Rush TITLE I—PROHIBITING FEDERALLY-FUND- priated by Federal law and such coverage shall Cardoza Jackson (IL) Ryan (OH) ED ABORTIONS AND PROVIDING FOR not be purchased using matching funds required Carnahan Jackson Lee Sa´ nchez, Linda CONSCIENCE PROTECTIONS for a federally subsidized program, including a Carney (TX) T. State’s or locality’s contribution of Medicaid Carson (IN) Johnson (GA) Sanchez, Loretta Sec. 101. Prohibiting taxpayer funded abor- matching funds. Castor (FL) Johnson, E. B. Sarbanes tions and providing for conscience protec- Chandler Kaptur Schakowsky tions. ‘‘§ 305. Construction relating to the use of non- Chu Keating Schiff Sec. 102. Amendment to table of chapters. Federal funds for health coverage Cicilline Kind Schrader TITLE II—ELIMINATION OF CERTAIN TAX ‘‘Nothing in this chapter shall be construed as Clarke (MI) Kissell Schwartz Clarke (NY) Kucinich Scott (VA) BENEFITS RELATING TO ABORTION restricting the ability of any non-Federal health Clay Langevin Scott, David Sec. 201. Deduction for medical expenses not benefits coverage provider from offering abor- Cleaver Larsen (WA) Serrano allowed for abortions. tion coverage, or the ability of a State or local- Clyburn Larson (CT) Sewell Sec. 202. Disallowance of refundable credit ity to contract separately with such a provider Cohen Lee (CA) Sherman for coverage under qualified health plan for such coverage, so long as only funds not au- Connolly (VA) Levin Sires which provides coverage for abortion. thorized or appropriated by Federal law are Conyers Lewis (GA) Slaughter Sec. 203. Disallowance of small employer used and such coverage shall not be purchased Cooper Loebsack Smith (WA) Courtney Lofgren, Zoe Speier health insurance expense credit for plan using matching funds required for a federally Critz Lowey Stark which includes coverage for abortion. subsidized program, including a State’s or local- Crowley Luja´ n Sutton Sec. 204. Distributions for abortion expenses ity’s contribution of Medicaid matching funds. from certain accounts and arrangements Cuellar Lynch Thompson (CA) ‘‘§ 306. Non-preemption of other Federal laws Cummings Maloney Thompson (MS) included in gross income. ‘‘Nothing in this chapter shall repeal, amend, Davis (CA) Markey Tierney TITLE I—PROHIBITING FEDERALLY-FUND- Davis (IL) Matheson Tonko or have any effect on any other Federal law to ED ABORTIONS AND PROVIDING FOR DeFazio Matsui Towns the extent such law imposes any limitation on CONSCIENCE PROTECTIONS DeGette McCarthy (NY) Tsongas the use of funds for abortion or for health bene- DeLauro McCollum Van Hollen SEC. 101. PROHIBITING TAXPAYER FUNDED fits coverage that includes coverage of abortion, Deutch McDermott Vela´ zquez ABORTIONS AND PROVIDING FOR Dicks McGovern Visclosky CONSCIENCE PROTECTIONS. beyond the limitations set forth in this chapter. Dingell McNerney Walz (MN) Title 1, United States Code is amended by ‘‘§ 307. Construction relating to complications Doggett Meeks Wasserman adding at the end the following new chapter: arising from abortion Doyle Michaud Schultz Edwards Miller (NC) Waters ‘‘CHAPTER 4—PROHIBITING TAXPAYER ‘‘Nothing in this chapter shall be construed to Ellison Miller, George Watt FUNDED ABORTIONS AND PROVIDING apply to the treatment of any infection, injury, Engel Moore Waxman FOR CONSCIENCE PROTECTIONS disease, or disorder that has been caused by or Eshoo Moran Weiner ‘‘Sec. exacerbated by the performance of an abortion. Farr Murphy (CT) Welch ‘‘301. Prohibition on funding for abortions. This rule of construction shall be applicable Fattah Nadler Wilson (FL) ‘‘302. Prohibition on funding for health benefits Filner Napolitano Woolsey without regard to whether the abortion was per- Frank (MA) Neal Wu plans that cover abortion. formed in accord with Federal or State law, and Fudge Olver Yarmuth ‘‘303. Limitation on Federal facilities and em- without regard to whether funding for the abor- ployees. tion is permissible under section 308. NOT VOTING—12 ‘‘304. Construction relating to separate coverage. ‘‘§ 308. Treatment of abortions related to rape, Akin Diaz-Balart Lummis incest, or preserving the life of the mother Bilbray Emerson Nunnelee ‘‘305. Construction relating to the use of non- Bilirakis Giffords Pingree (ME) Federal funds for health cov- ‘‘The limitations established in sections 301, Costa Johnson, Sam Thompson (PA) erage. 302, and 303 shall not apply to an abortion—

VerDate Mar 15 2010 04:48 May 05, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 6333 E:\CR\FM\A04MY7.005 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3024 CONGRESSIONAL RECORD — HOUSE May 4, 2011 ‘‘(1) if the pregnancy is the result of an act of TITLE II—ELIMINATION OF CERTAIN TAX includes coverage for abortions (other than any rape or incest; or BENEFITS RELATING TO ABORTION abortion or treatment described in section ‘‘(2) in the case where a woman suffers from SEC. 201. DEDUCTION FOR MEDICAL EXPENSES 213(g)(2)).’’. a physical disorder, physical injury, or physical NOT ALLOWED FOR ABORTIONS. (b) EFFECTIVE DATE.—The amendments made illness that would, as certified by a physician, (a) IN GENERAL.—Section 213 of the Internal by this section shall apply to taxable years be- place the woman in danger of death unless an Revenue Code of 1986 is amended by adding at ginning after the date of the enactment of this abortion is performed, including a life-endan- the end the following new subsection: Act. gering physical condition caused by or arising ‘‘(g) AMOUNTS PAID FOR ABORTION NOT SEC. 204. DISTRIBUTIONS FOR ABORTION EX- from the pregnancy itself. TAKEN INTO ACCOUNT.— PENSES FROM CERTAIN ACCOUNTS AND ARRANGEMENTS INCLUDED IN ‘‘(1) IN GENERAL.—An amount paid during the ‘‘§ 309. Application to District of Columbia GROSS INCOME. taxable year for an abortion shall not be taken (a) FLEXIBLE SPENDING ARRANGEMENTS ‘‘In this chapter: into account under subsection (a). UNDER CAFETERIA PLANS.—Section 125 of the ‘‘(1) Any reference to funds appropriated by ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not Internal Revenue Code of 1986 is amended by re- Federal law shall be treated as including any apply to— designating subsections (k) and (l) as sub- amounts within the budget of the District of Co- ‘‘(A) an abortion— lumbia that have been approved by Act of Con- ‘‘(i) in the case of a pregnancy that is the re- sections (l) and (m), respectively, and by insert- gress pursuant to section 446 of the District of sult of an act of rape or incest, or ing after subsection (j) the following new sub- Columbia Home Rule Act (or any applicable suc- ‘‘(ii) in the case where a woman suffers from section: ‘‘(k) ABORTION REIMBURSEMENT FROM FLEXI- cessor Federal law). a physical disorder, physical injury, or physical BLE SPENDING ARRANGEMENT INCLUDED IN illness that would, as certified by a physician, ‘‘(2) The term ‘Federal Government’ includes GROSS INCOME.—Notwithstanding section 105(b), place the woman in danger of death unless an the government of the District of Columbia. gross income shall include any reimbursement abortion is performed, including a life-endan- for expenses incurred for an abortion (other ‘‘§ 310. No government discrimination against gering physical condition caused by or arising than any abortion or treatment described in sec- certain health care entities from the pregnancy, and tion 213(g)(2)) from a health flexible spending ‘‘(a) NONDISCRIMINATION.—A Federal agency ‘‘(B) the treatment of any infection, injury, arrangement provided under a cafeteria plan. or program, and any State or local government disease, or disorder that has been caused by or Such reimbursement shall not fail to be a quali- that receives Federal financial assistance (either exacerbated by the performance of an abor- fied benefit for purposes of this section merely directly or indirectly), may not subject any indi- tion.’’. as a result of such inclusion in gross income.’’. vidual or institutional health care entity to dis- (b) EFFECTIVE DATE.—The amendment made (b) ARCHER MSAS.—Paragraph (1) of section crimination on the basis that the health care en- by this section shall apply to taxable years be- 220(f) of such Code is amended by inserting be- tity does not provide, pay for, provide coverage ginning after the date of the enactment of this fore the period at the end the following: ‘‘, ex- of, or refer for abortions. Act. cept that any such amount used to pay for an ‘‘(b) HEALTH CARE ENTITY DEFINED.—For SEC. 202. DISALLOWANCE OF REFUNDABLE CRED- abortion (other than any abortion or treatment IT FOR COVERAGE UNDER QUALI- purposes of this section, the term ‘health care described in section 213(g)(2)) shall be included entity’ includes an individual physician or other FIED HEALTH PLAN WHICH PRO- VIDES COVERAGE FOR ABORTION. in the gross income of such holder’’. health care professional, a hospital, a provider- (c) HSAS.—Paragraph (1) of section 223(f) of (a) IN GENERAL.—Subparagraph (A) of section sponsored organization, a health maintenance such Code is amended by inserting before the organization, a health insurance plan, or any 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the period at the end the following: ‘‘, except that other kind of health care facility, organization, any such amount used to pay for an abortion or plan. end the following: ‘‘or any health plan that includes coverage for abortions (other than any (other than any abortion or treatment described ‘‘(c) REMEDIES.— abortion or treatment described in section in section 213(g)(2)) shall be included in the ‘‘(1) IN GENERAL.—The courts of the United 213(g)(2))’’. gross income of such beneficiary’’. States shall have jurisdiction to prevent and re- (d) EFFECTIVE DATES.— (b) OPTION TO PURCHASE OR OFFER SEPARATE dress actual or threatened violations of this sec- (1) FSA REIMBURSEMENTS.—The amendment OVERAGE OR PLAN.—Paragraph (3) of section C made by subsection (a) shall apply to expenses tion by issuing any form of legal or equitable re- 36B(c) of such Code is amended by adding at the incurred with respect to taxable years beginning lief, including— end the following new subparagraph: after the date of the enactment of this Act. ‘‘(A) injunctions prohibiting conduct that vio- ‘‘(C) SEPARATE ABORTION COVERAGE OR PLAN lates this section; and (2) DISTRIBUTIONS FROM SAVINGS ACCOUNTS.— ALLOWED.— The amendments made by subsection (b) and (c) ‘‘(B) orders preventing the disbursement of all ‘‘(i) OPTION TO PURCHASE SEPARATE COVERAGE shall apply to amounts paid with respect to tax- or a portion of Federal financial assistance to a OR PLAN.—Nothing in subparagraph (A) shall be able years beginning after the date of the enact- State or local government, or to a specific of- construed as prohibiting any individual from ment of this Act. fending agency or program of a State or local purchasing separate coverage for abortions de- government, until such time as the conduct proscribed in such subparagraph, or a health plan The SPEAKER pro tempore. The bill hibited by this section has ceased. that includes such abortions, so long as no cred- shall be debatable for 1 hour, with 40 ‘‘(2) COMMENCEMENT OF ACTION.—An action it is allowed under this section with respect to minutes equally divided and controlled under this subsection may be instituted by— the premiums for such coverage or plan. by the chair and ranking minority ‘‘(A) any health care entity that has standing ‘‘(ii) OPTION TO OFFER COVERAGE OR PLAN.— member of the Committee of the Judi- to complain of an actual or threatened violation Nothing in subparagraph (A) shall restrict any ciary, 10 minutes equally divided and of this section; or non-Federal health insurance issuer offering a controlled by the chair and ranking ‘‘(B) the Attorney General of the United health plan from offering separate coverage for minority member of the Committee on States. abortions described in such subparagraph, or a Ways and Means, and 10 minutes equal- plan that includes such abortions, so long as ‘‘(d) ADMINISTRATION.—The Secretary of premiums for such separate coverage or plan are ly divided and controlled by the chair Health and Human Services shall designate the not paid for with any amount attributable to and ranking minority member of the Director of the Office for Civil Rights of the De- the credit allowed under this section (or the Committee on Energy and Commerce. partment of Health and Human Services— amount of any advance payment of the credit The gentleman from Texas (Mr. ‘‘(1) to receive complaints alleging a violation under section 1412 of the Patient Protection and SMITH) and the gentleman from Michi- of this section; Affordable Care Act).’’. gan (Mr. CONYERS) each will control 20 ‘‘(2) subject to paragraph (3), to pursue the (c) EFFECTIVE DATE.—The amendment made minutes. The gentleman from Texas investigation of such complaints in coordination by this section shall apply to taxable years end- (Mr. BRADY), the gentleman from with the Attorney General; and ing after December 31, 2013. Michigan (Mr. LEVIN), the gentleman ‘‘(3) in the case of a complaint related to a SEC. 203. DISALLOWANCE OF SMALL EMPLOYER from Pennsylvania (Mr. PITTS), and the Federal agency (other than with respect to the HEALTH INSURANCE EXPENSE Department of Health and Human Services) or CREDIT FOR PLAN WHICH INCLUDES gentlewoman from Colorado (Ms. program administered through such other agen- COVERAGE FOR ABORTION. DEGETTE) each will control 5 minutes. cy or any State or local government receiving (a) IN GENERAL.—Subsection (h) of section The Chair recognizes the gentleman Federal financial assistance through such other 45R of the Internal Revenue Code of 1986 is from Texas (Mr. SMITH). agency, to refer the complaint to the appro- amended— GENERAL LEAVE priate office of such other agency.’’. (1) by striking ‘‘Any term’’ and inserting the Mr. SMITH of Texas. Madam Speak- SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. following: er, I ask unanimous consent that all ‘‘(1) IN GENERAL.—Any term’’, and Members have 5 legislative days to re- The table of chapters for title 1, United States (2) by adding at the end the following new Code, is amended by adding at the end the fol- paragraph: vise and extend their remarks and in- lowing new item: ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING clude extraneous material on H.R. 3. ‘‘4. Prohibiting taxpayer funded abor- COVERAGE FOR ABORTION.—The terms ‘qualified The SPEAKER pro tempore. Is there tions and providing for conscience health plan’ and ‘health insurance coverage’ objection to the request of the gen- protections ...... 301’’. shall not include any health plan or benefit that tleman from Texas?

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.008 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3025 There was no objection. when paid for with purely private, non- It is time to end taxpayer-funded Mr. SMITH of Texas. I yield myself Federal funds. If there is anyone who abortions. I strongly support this im- such time as I may consume. has a different view about this, I hope portant and needed approach to pre- First, let me recognize the gentleman that it gets expressed this afternoon. serve and promote the sanctity of life from New Jersey (Mr. SMITH), the chief Finally, H.R. 3 subjects small busi- in our country. sponsor of H.R. 3, for his persistent nesses to disparate treatment under Mr. CONYERS. Madam Speaker, I leadership over the years on this issue. the tax laws; and as one who supports would like now to yield 3 minutes to small business and workers in this b 1400 the former chairman of the Sub- country, that alone would turn my sup- committee on the Constitution, JERRY Many Members and the American port against this measure. NADLER of New York. people have strong feelings about the Madam Speaker, I reserve the bal- Mr. NADLER. I thank the gentleman subject of abortion, but one thing is ance of my time. for yielding. clear: The Federal funding of abortion Mr. SMITH of Texas. Madam Speak- Madam Speaker, this bill has nothing will lead to more abortions. For exam- er, I yield 2 minutes to the gentleman to do with creating jobs, reducing our ple, in 2009, there were only 220 govern- from Wisconsin (Mr. SENSENBRENNER), deficit or bolstering our economy. It ment-financed abortions. The Congres- the former chairman of the Judiciary addresses, instead, the completely fic- sional Budget Office has estimated that Committee and the current chairman titious claim that legislation is needed the Federal Government would pay for of the Crime Subcommittee of the Ju- to prevent the Federal funding of abor- as many as 675,000 abortions each year diciary. tion services. This bill has been falsely without the Hyde Amendment and Mr. SENSENBRENNER. I thank the advertised as a mere codification of ex- other provisions that prevent the Fed- gentleman for yielding. isting law prohibiting the Federal Madam Speaker, today we are pre- eral funding of abortion. funding of abortion. The American people do not want sented with an opportunity to take a I have always opposed the unfair re- federally funded abortions. A Zogby giant step toward protecting the un- strictions on Federal funding for a per- poll found that 77 percent of Americans born. For almost 35 years, restrictions fectly legal health care procedure, but on the use of Federal funds for abortion feel that Federal funds should never this bill goes far beyond prohibiting have been enacted separately and have pay for abortions or should pay only to Federal funding. The real purpose and been contained in annually renewed save the life of the mother. That is the effect of this bill is to eliminate pri- congressional temporary funding re- policy of the Hyde Amendment, which vate health care choices for women by strictions, regulations and Executive H.R. 3 would enact into law. imposing significant tax penalties on orders. Such policies have sought to H.R. 3 does not ban abortion. It also families and small businesses when ensure that the American taxpayer does not restrict abortions or abortion they use their own money to pay for does not fund the destruction of inno- coverage in health care plans as long as health insurance or medical care. This cent human life through abortion. The those abortions or plans use only pri- tax penalty is intended to drive insur- legislation on the floor today will end vate or State funds. This legislation ance companies into dropping abortion places no additional legal restrictions the need for numerous separate abortion funding policies, and will finally services from existing private health on abortions. It simply protects tax- care policies that women and families payers from having to fund or to sub- put into place a permanent ban on any U.S. Government financial support for now have and rely upon. sidize something they morally oppose. This bill claims that a tax credit or H.R. 3 also is necessary to fix the re- abortion. Each year, the abortion industry is deduction is a form of government cent health care law. Absolutely noth- allocated millions of tax dollars to ad- funding. It follows that tax-deductible ing in that law prevents the Federal vance its agenda. Last year alone, the charitable contributions to a church, funding of abortions under the pro- Planned Parenthood Federation of synagogue or other religious institu- grams it creates. America collected more than 360 mil- tion are also government funding—a Neither Congress nor the administra- lion taxpayer-funded dollars. Because position my Republican colleagues tion should take the view that they all money is fungible, when taxpayers have never taken and that, if taken, know better than the American people pay an organization like Planned Par- would prohibit tax deductions for char- what is good for them. Congress should enthood millions of dollars, we cannot itable contributions to religious orga- pass H.R. 3 to codify the longstanding help but empower and promote all of nizations because they would then be ban on the Federal funding of abor- that organization’s activities. Tax- violations of the Establishment Clause tions. paying Americans are fed up. They are of the First Amendment. Madam Speaker, I reserve the bal- tired of their hard-earned money being You can’t have it both ways. Either ance of my time. spent on supporting and promoting the tax exemptions, deductions or credits Mr. CONYERS. I yield myself 3 min- abortion industry. for private spending are government utes. Under H.R. 3, Federal funds will be funding or they are not. If they are not, Madam Speaker and Members of the prohibited for elective abortion cov- this bill makes no sense. If they are, House, the problem with this bill is erage through any program in the U.S. then tax-deductible private contribu- that it reaches far beyond Federal Department of Health and Human tions to religious institutions are gov- funding in that it subjects women to Services. The legislation prevents the ernment funding prohibited by the profound government intrusion, that it funding for abortion as a method of Constitution. restricts women’s access to health family planning overseas. It prohibits The power to tax is the power to de- care, and that it targets small busi- funding for elective abortion coverage stroy, and here, the taxing power is nesses for disparate treatment under for Federal employees, and it prevents being used to destroy the right of every the Tax Code. That’s why I have more taxpayer-funded abortions in Wash- American to make private health care than a dozen organizations, ranging ington, D.C. decisions free from government inter- from the American Nurses Association Importantly, H.R. 3 would also pro- ference. This bill is an unprecedented to the YWCA, which are all opposed to tect the conscience-driven health care attack on the use of private funds to this legislation. In addition, this bill providers from being forced by the gov- make private health care choices, and will punish women for their private ernment to participate in abortions. is part of the new House majority’s health care decisions, and will subject The conscience clause is critically broader and disturbing attack on wom- them to profound government intru- needed in order to protect health care en’s access to health care. sion. So this is not a Democrat versus providers who do not want to take part After 2 years of hearing my Repub- Republican issue. It is a very impor- in the abortion business. Without it, lican colleagues complain that govern- tant personal decision. people could be forced to participate in ment should not meddle in the private Now, the goal of this bill—and I’d something they strongly believe to be insurance market or in private health like to suggest it from the outset of morally wrong. Faith-based hospitals care choices, I am astounded by this this discussion—is to make it impos- could lose funding and be forced to legislation, which is so obviously de- sible to obtain abortion services even close. signed to do just that. It seems that

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.041 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3026 CONGRESSIONAL RECORD — HOUSE May 4, 2011 many Republicans believe in freedom take the life of a child? If it does not, and I have cosponsored many bills to provided that no one uses that freedom then this is simply a budgetary issue. do that, including the Right to Life in a way that Republicans find objec- But if abortion really does kill a little Act last Congress. tionable. It is a strange understanding baby, then those of us sitting here in While there are many divergent of freedom. these chambers of freedom are pre- views on this topic, one thing that There is also a provision in this bill siding over the greatest human geno- most agree on is that it is wholly im- that might allow any health care pro- cide in the history of humanity, and proper for the Federal Government to vider or institution to refuse to provide some of it may be financed in the fu- use taxpayers’ hard-earned dollars to an abortion to a woman whose life de- ture, Madam Speaker, with taxpayer fund abortions. This is a moral issue of pends on having that abortion. They dollars over which we will have had di- the highest importance to many tax- could let that woman die right there in rect control. payers and to force them to fund these the emergency room, and the govern- Madam Speaker, our Founding Fa- activities is completely unacceptable. ment would be powerless to do any- thers believed there were certain self- For many Americans, taxpayer-funded thing. In fact, if the government in- evident truths that were worth holding abortions would constitute an extreme sisted that the hospital not let the on to. The greatest of those truths in violation of conscience that should not woman die, the bill would allow the their minds was the transcendent be sanctioned by this Congress. hospital to sue the government and, in meaning of this gift of God called I urge my colleagues to support H.R. the case of a State or locality, strip human life. Our Constitution says no 3, and I want to thank the gentleman that community of all Federal funding person shall be deprived of life, liberty from New Jersey, Mr. SMITH, and the until the jurisdiction relented. or property without due process of law. gentleman from Texas, Mr. SMITH, for first introducing and then advancing b 1410 Thomas Jefferson said that ‘‘The care of human life and its happiness and not this legislation. Despite the fact that Republicans its destruction is the chief and only ob- Mr. CONYERS. Madam Speaker, I am proud to yield 1 minute to the gentle- made a big show of taking out lan- ject of good government.’’ guage limiting rape to forcible rape, Madam Speaker, protecting the lives woman from California (Ms. WOOLSEY), the committee report now says that and constitutional rights of our fellow a strong progressive in this Congress. Ms. WOOLSEY. I thank the gen- the bill still excludes victims of statu- Americans is why we are all here, and tleman. tory rape in order to close a ‘‘loop- forcing taxpayers to pay for the indis- hole.’’ That is right. You women who Madam Speaker, for the last 18 years criminate killing of helpless little baby as a Member of this body I have lis- have been sexually victimized are real- Americans is not good government and ly just a loophole. Frankly, disgusting. tened to Republicans go on and on it should be ended once and for all. about keeping government out of the A vote for this bill, Madam Speaker, Mr. CONYERS. Madam Speaker, I am is a vote for a tax increase on women, health care system. That and taking pleased to yield 1 minute to the gentle- away the voice of women actually puts families, and small businesses. It is a woman from California (Ms. CHU), a vote for taking away the existing the government between that woman distinguished member of the Judiciary and her most private health care deci- health insurance that women and fami- Committee. lies now have and pay for with their sions and is the biggest, the most in- Ms. CHU. Imagine what life would be trusive government of all. own funds. It is a vote to elevate the like for women under H.R. 3. Imagine I thought my Republican friends right to refuse care over the obligation you are pregnant and then diagnosed hated taxes, but apparently they hate to provide lifesaving care. It deserves with breast cancer. Your doctor says reproductive freedom and women’s to be defeated. that chemotherapy could save your rights even more, because this bill Mr. SMITH of Texas. Madam Speak- life, but will permanently harm the would raise taxes on small businesses er, I yield 2 minutes to the gentleman baby. The diagnosis is devastating. But that provide their employees with from Arizona (Mr. FRANKS), who is the to add to your grief, because of H.R. 3, health plans that include abortion cov- chairman of the Constitution Sub- an abortion will not be covered by your erage. And in one of its most egregious committee of the Judiciary Com- private health insurance. You must provisions, this bill could lead to IRS mittee. pay out of pocket, even though it is audits of women who seek abortion Mr. FRANKS of Arizona. I thank the necessary to save your life. care after they have had a sexual as- gentleman. Imagine IRS agents as abortion cops. sault. Absolutely unconscionable. Vote Madam Speaker, it is said that a gov- You see, under H.R. 3 you couldn’t de- ‘‘no’’ on H.R. 3. ernment is what it spends. This bill is duct an abortion as a medical expense Mr. SMITH of Texas. Madam Speak- really about whether the role of Amer- unless it were the result of rape or in- er, I yield 30 seconds to the gentleman ica’s government is to fund a practice cest, even though you are using your from Ohio (Mr. JORDAN), who is a mem- that takes the lives of over 1 million own money and even though you can ber of the Judiciary Committee and unborn American babies every year, de- deduct every other medical procedure. also chairman of the Republican Study spite the fact that the overwhelming Imagine the IRS knocking at your door Committee. majority of Americans, even some of demanding receipts and grilling you Mr. JORDAN. I thank the gentleman those who consider themselves pro- about your rape. from Texas, the distinguished chair of choice, strongly object to their tax- This bill forces women to live their the Judiciary Committee. payer dollars being used to pay for lives as if America was Orwell’s 1984, Look, life is precious, life is sacred, abortions. where big brother Washington bureau- and government should protect that In 1973, Madam Speaker, the United crats dictate the personal and private basic fact. It is not some grant from States Supreme Court said the unborn health decisions of American families. government. It is a gift from God. Our child was not a person under the Con- Stop these attacks on women. Oppose founders understood that when they stitution and we have since witnessed H.R. 3. talked about the creator giving us this the tragic deaths of over 50 million in- Mr. SMITH of Texas. Madam Speak- inalienable right, and the fact that we nocent little baby boys and girls who er, I yield 1 minute to the gentleman live in the greatest Nation in history died without the protection we in this from Virginia (Mr. GOODLATTE), the and our tax dollars are used to destroy Chamber should have given them. chairman of the Intellectual Property the life of unborn children is just plain Some of this was carried out with tax- Subcommittee of the Judiciary Com- wrong. payer dollars before the Hyde amend- mittee. This bill corrects that. This bill is ment and other such laws were in Mr. GOODLATTE. I thank the chair- what the American people want, and place, and taxpayer funding of abortion man for yielding. this bill is consistent with this great could recommence in the future under Madam Speaker, as a cosponsor, I Nation, founded on life, liberty and the ObamaCare. rise today in support of H.R. 3, the No pursuit of happiness. That is why it So before we vote on this bill, it is Taxpayer Funding for Abortion Act. I should pass and that is why I am a important for Members to ask them- have long believed that the right to life proud sponsor and urge a ‘‘yes’’ vote on selves the real question: Does abortion is one that we must vigorously protect, the legislation.

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.043 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3027 Mr. CONYERS. I yield 2 minutes to month said 61 percent of the respond- I believe that ending an innocent the gentleman from Iowa (Mr. BRALEY). ents do not want their tax dollars used human life is morally wrong. But I also Mr. BRALEY of Iowa. I thank the to pay for abortions. And that’s what believe it’s morally wrong to take the gentleman for yielding. this bill does. It ends the public fund- taxpayer dollars of millions of pro-life If you remember only one thing ing of abortions. There are a host of Americans and use it to fund a proce- about this bill, remember this: It is a other polls that clearly state the same dure that they find morally offensive. solution in search of a problem. The thing. Fortunately, for over 30 years, a patch- simple truth is that there are no tax- The Hyde amendment is in current work of policies has regulated Federal payer dollars being used to pay for law but it simply needs to be broadened funding and denied Federal funding for abortions. None. Zero. Nada. for all the things that we do here in abortion in America. Don’t be fooled by this bill. It isn’t Congress. But today, thanks to the yeoman’s about funding. It is about preventing I ask my colleagues to vote for this work of Congressman CHRIS SMITH of women from being able to access com- very important bill. New Jersey and Congressman DAN LI- prehensive health care. That is what Mr. CONYERS. Madam Speaker, I am PINSKI, we’re bringing forward a bipar- this bill is about. The debate is about proud to yield 1 minute to the former tisan measure that will send a clear whether politicians sitting in Congress chair of the Congressional Black Cau- and strong and codified message that should dictate the personal, private cus, the gentlewoman from California, the American people don’t want to medical decisions of the American peo- BARBARA LEE. allow public funding of abortion at the ple. It aims to impose intrusive govern- Ms. LEE. I want to thank our rank- Federal level. I strongly support it. ment rules on personal medical deci- ing member for his leadership and for The man who first brought this idea sions. leading for so many years on so many before the Congress was the late Henry The bill’s supporters don’t want abor- important issues. Hyde. I had the privilege of serving tion, any abortion, to be legal in the Madam Speaker, here we go again. with him. His eloquence cannot be United States, and so they are adding Instead of working on creating jobs and matched, but it can be repeated. Henry as many bureaucratic rules as they can jump-starting the economy, we’re de- said, ‘‘I believe nothing in this world of come up with. This bill would not allow bating another cynical and divisive at- wonders is more beautiful than the in- an exception for rape and incest for tempt to strip away the rights of nocence of a child, that little, almost- women in the military and military de- women. Republicans continue to per- born infant struggling to live as a pendents. petrate their war on women while mil- member of the human family; and lions of people around the country are abortion is a lethal assault against the b 1420 desperate for jobs to help provide for very idea of human rights and de- Think about that. Military studies in their families. Let me be clear. Current stroys, along with a defenseless little news reports suggest that the sexual law already bans Federal funds from baby, the moral foundation of our de- assault in the military is unconscion- being used for abortions. That is a mocracy.’’ Today, we say ‘‘yes’’ to life but we ably high. CBS News reported that one fact—even though I personally think also say ‘‘yes’’ to respecting the moral in three military women experience we should get rid of that ban. sexual assault during their career in What’s next? Are we going to block sensibilities of millions of Americans who, wherever they stand on this divi- the service. One in three. This is out- transportation funding because it sive social question, stand broadly for rageous. And yet under this bill, those might be used to build a road to a hos- the principle that no taxpayer dollars brave women who took an oath to de- pital that provides a road to abortion? should be used to subsidize abortion at fend and support the Constitution of Come on. By the logic of this bill, any home or abroad. H.R. 3 is that legisla- this country and put their lives on the type of Federal funding, whether it’s tion. I urge my colleagues to support line every day, if they are sexually as- health related or not, would become it. saulted by a peer and become pregnant, abortion money. That is such a cynical would not have an opportunity to get Mr. CONYERS. Madam Speaker, I ploy on the majority side. yield myself such time as I may con- an abortion under this rule. This bill specifically attacks low-in- That’s what we’re talking about sume. come women in the District of Colum- It has been mistakenly repeated at today. And that is the contrast be- bia by permanently prohibiting the least a dozen times on the floor that tween these two philosophies of the District from spending its purely local without this bill Federal funds could be role of government and the personal- funds on abortions for low-income used for abortion. I want it to be clear private medical decisions of women. women. on the RECORD that that is incorrect. And that is why I ask my colleagues to The SPEAKER pro tempore. The I’m sorry that I have to make this reject this bill. time of the gentlewoman has expired. statement. Mr. SMITH of Texas. Madam Speak- Mr. CONYERS. I yield the gentle- This legislation subjects women to er, I yield 1 minute to the gentlewoman woman 30 additional seconds. profound government intrusion. It re- from Ohio (Mrs. SCHMIDT). Ms. LEE. These women in the Dis- stricts women’s access to health care, Mrs. SCHMIDT. I want to thank trict have already begun to feel the and it targets small businesses for ad- CHRIS SMITH and Chairman SMITH for terrible effects of the rider passed al- ditional taxing under our IRS Code. this very simple but profound bill. ready in the CR. This is outrageous. There are many, many organizations Ladies and gentlemen, all this bill It’s ideologically driven and it’s dan- that are opposed to this legislation: does is end public funding—taxpayer gerous. The American Nurses Association, the funding—of abortion. The driving force So let’s reject this bill and this at- American Civil Liberties Union, the behind H.R. 3 is simply to update the tack and this dangerous war on women, American Congress of Obstetricians longstanding Hyde amendment and especially low-income women. Vote and Gynecologists, Catholics for apply it to programs that are federally ‘‘no’’ on H.R. 3. Choice, the Equal Health Network, the funded but outside the scope of the Mr. SMITH of Texas. Madam Speak- Human Rights Campaign, the National Labor-HHS appropriations as well as er, I yield 11⁄2 minutes to the gentleman Association of Nurse Practitioners, the replace a patchwork system with per- from Indiana (Mr. PENCE), a member of National Organization of Women, the manent law. It takes the Hyde amend- the Judiciary Committee and the vice National Women’s Law Center, People ment, the Dornan amendment, the chairman of the Constitution Sub- for the American Way, the Union for Helms amendment, the Hyde-Weldon committee. Reform Judaism, the United Church of amendment, as well as others, and (Mr. PENCE asked and was given per- Christ, the United Methodist Church, makes them permanent. That’s what mission to revise and extend his re- and the YWCA, plus numerous others. the bill does. marks.) Madam Speaker, I reserve the bal- H.R. 3 enjoys great bipartisan sup- Mr. PENCE. I thank the gentleman ance of my time. port and had over 227 cosponsors. The for yielding. Mr. SMITH of Texas. Madam Speak- support of this bill is in the public’s I rise in strong support of H.R. 3, the er, I yield 1 minute to the gentleman hands. A CNN poll recently taken last No Taxpayer Funding for Abortion Act. from Michigan (Mr. AMASH).

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.046 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3028 CONGRESSIONAL RECORD — HOUSE May 4, 2011 Mr. AMASH. Free societies are you’re setting here, the social activism economic strength, we again find our- founded on a core set of rights—rights that you are embarking upon, on the selves on the floor in a divisive debate that are beyond the reach of govern- imposition of your views on others over women’s reproductive freedoms. ment and that no other person or group through the Tax Code. That’s right. Rather than wage a war can take away. The Founders created My friends, this bill undermines, on unemployment, my Republican col- our government to secure these more than any bill that I have seen, leagues are waging a war on women’s unalienable rights, and chief among the rights of women under the Con- health. them is the right to life. stitution of the United States. Under this legislation’s logic, anyone President’s recognize this right when The SPEAKER pro tempore. The who has government-subsidized insur- they weigh carefully whether to put time of the gentleman has expired. ance coverage—which is really every- our soldiers in harm’s way. Our judici- Mr. HOYER. May I have 1 additional one who has private health insurance, ary respects this right when it spends minute? for we exempt employers from paying years reviewing each and every capital Mr. CONYERS. I yield my friend an taxes on health benefits—would be for- punishment case. Yet this same gov- additional 30 seconds. bidden from abortion. ernment authorizes, and in some cases Mr. HOYER. Stingy, aren’t you? I Where does it end? The answer is it pays for, the routine taking of the miss my 1 minute, ladies and gentle- doesn’t end. Even in the face of over- most innocent of lives—the lives of the men, I tell you that. The public won’t whelming support for women’s rights unborn. know what I’m talking about, of among the American people, even in It is unconscionable that in a coun- course. the face of more pressing challenges, try founded explicitly to protect indi- But the fact of the matter is this bill real challenges like the jobs crisis, viduals’ fundamental rights we allow is bad public policy, it’s bad for wom- nothing stops my Republican col- the regular violation of the right to en’s health, and it’s bad for America. leagues from their assault on a wom- life. Worse yet, the government forces Vote ‘‘no’’ on this bill. Let freedom an’s right to choose. ring. I urge a ‘‘no’’ vote. each of us to pay for the killing of in- Mr. SMITH of Texas. Madam Speak- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE nocent life. er, I yield 1 minute to my colleague I urge you to vote for H.R. 3, to The SPEAKER pro tempore. Mem- from Texas (Mr. HENSARLING), who is strengthen our protection of the right bers are advised to address their re- also the chairman of the Republican to life. marks to the Chair. Conference. Mr. CONYERS. Madam Speaker, I am Mr. SMITH of Texas. I yield 1 minute Mr. HENSARLING. Madam Speaker, proud to yield 2 minutes to the minor- to the gentleman from Kansas (Mr. I rise to proudly support H.R. 3 for ity whip from Maryland, STENY HOYER. HUELSKAMP). three simple reasons: Mr. HUELSKAMP. Madam Speaker, I b 1430 Number one, this bill just simply appreciate the opportunity to speak helps codify what has de facto been our Mr. HOYER. I thank the gentleman today. Clearly, there is one clear issue policy for 35 years through the Hyde for yielding. before us in H.R. 3, and it is whether or amendment, and that is a policy that Two minutes, of course, is not time not Americans shall be required to no way, shape or form outlaws abor- enough to discuss this issue, but I rise fund the taking of innocent human life. tion; it simply says Federal taxpayers in opposition to this piece of legisla- It has been indicated that this is con- will not be compelled to subsidize tion. troversial, and it certainly is; but with- them. With millions out of work, the Amer- out a doubt the American people de- Second of all, Madam Speaker, at a ican people sent Congress a strong mand they not be required to subsidize time when our Nation is going broke, mandate in the last election: take ac- abortion. where we’re borrowing 42 cents on the tion on jobs. Yet after 4 months in the The second issue here, Madam Speak- dollar, much of it from the Chinese and House majority, Republicans have yet er, is the question that over and over sending the bill to our children and to put forward a jobs agenda. What are we’ve heard from my colleagues that grandchildren, maybe, maybe those they doing instead? They are pursuing they would like to see abortion rare. programs that have the least consensus a controversial social agenda, one that That is what this bill does. With the and are most divisive among us ought is far too extreme for most Americans. subsidization of abortion, it expands. to be the first to lose their taxpayer Let me say something to my col- This bill will limit the payments and subsidies. leagues on the other side of the aisle, restrict and prohibit the use of Federal Third, and most importantly and pro- my friends on the other side of the taxpayer dollars for the funding of foundly for me, Madam Speaker, in my aisle. Some of you, I think, probably abortion. That’s what this bill does. heart and in my head, I can come to no characterize yourselves as libertarians, Madam Speaker, again it is very other conclusion but that life begins at or close to libertarians. You believe the clear, and, contrary to the claims of conception. It is our most fundamental government ought to stay out of peo- the opponents of this bill, it is very right, enshrined in the Constitution. ple’s lives. I think that’s a worthwhile simple. Americans should not be re- No taxpayer should be compelled premise. I have been here for, as some quired to pay for abortions. H.R. 3 ac- against their will to subsidize the loss of you know, a long time, some 30 complishes this objective. I encourage of human life, truly the least of these. years; and I have heard Republicans my colleagues to support the bill. Mr. CONYERS. I am pleased now to say so often, it’s their money, let them Mr. CONYERS. Madam Speaker, I am yield 1 minute to the distinguished keep their money, they know better pleased to yield 1 minute to the gen- gentlelady from Connecticut, ROSA how to spend their money. tleman from Florida, TED DEUTCH, a DELAURO. So what do you do today, my friends? member of the Judiciary Committee. Ms. DELAURO. Madam Speaker, I What you say is, well, it’s your money, Mr. DEUTCH. I rise today in opposi- rise in strong opposition to this over- and, yes, we’ll give you a tax credit, if tion to H.R. 3, but I also rise in great reaching legislation, which raises you spend it the way we want you to disappointment that the people’s House taxes, threatens the health of our econ- spend it. That’s what this legislation is again engaging in a debate about the omy, and endangers women’s health. says: it’s your money, but if you don’t rights of women rather than a discus- This bill will raise taxes on small spend it the way we want you to spend sion about the challenges our Nation businesses that offer comprehensive it, we will not give you the tax credit faces. health coverage for women. It will pun- that every other American can get. For months, Democrats have urged ish perfectly legal private health deci- How far can you take that, my this body to refocus its efforts on jobs; sions by raising taxes on plans that friends? In tax preference after tax yet since the Congress convened in offer coverage for abortion. Eighty- preference after tax preference, we can January, the Republican majority has seven percent of private health plans say, you don’t get it if you don’t spend failed to bring to the floor any meas- will be impacted by this unprecedented it the way we want you to spend it. I ures to help create jobs. Their neg- assault, and Americans will see their want you to think about that. I want ligence is showing. Instead of working health insurance options restricted or you to think about the precedent that in a bipartisan way to regain America’s taken away.

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.048 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3029 With this legislation, we have yet an- Mr. ADERHOLT. Madam Speaker, I proposal or a jobs agenda. Instead, once other example of the majority’s real rise today in support of the legislation. again, we see a diversion. We see legis- priorities, not to create jobs, not to As of today, Congress prohibits the lation which is extreme and divisive grow the economy, not to reduce the expenditure of Federal funds on abor- and harmful to women’s health. deficit but to advance a divisive social tions through a patchwork of riders on I rise today to urge my Republican agenda by manipulating the Tax Code. our annual appropriations bills. These colleagues in the House to let us come And they’re doing more than just riders include the Hyde amendment in together to work in a bipartisan way to raising taxes. Rather than trusting Labor-HHS and other prohibitions in address the number one priority of the women, like the majority of Americans the State and Foreign Operations bill, American people, the creation of jobs; do, the House majority is trying to the Financial Services bill, the Com- and I rise today as the Republicans force women back into traditional merce-Justice-Science bill, in addition bring to the floor this legislation in- roles. They are risking their very to the Defense bill. Simply put, this stead of bringing to the floor a bill to health. The report that accompanied legislation will eliminate the need for end the subsidies for Big Oil. They gave this bill goes even further; it tries to these annual riders to ensure that the impression during the break that redefine rape and narrow the exception these policies become permanent stat- they would do that. I wrote to the for sexual assault. ute. Speaker; the President of the United This bill is unconscionable, and I This bill also codifies the Hyde- States has written to the bipartisan urge my colleagues to oppose it. Let’s Weldon conscience clause that would leadership in Congress asking for an create jobs. We should not be raising expand the policy to include all recipi- end to the subsidies to Big Oil. Instead taxes and putting women’s lives at risk ents of Federal funds. The conscience of doing that, we are, again, under- to appease an ideological agenda. Mr. SMITH of Texas. I yield 30 sec- clause protects health care entities mining women’s health. Let us begin this part of the debate onds to the gentleman from Louisiana that choose not to provide abortions with a clear understanding of the facts. (Mr. LANDRY). from discrimination by State, local, or Mr. LANDRY. Madam Speaker, a Federal agencies that receive Federal Federal funding for abortion is already large majority of Americans oppose funds. Therefore, no one who has deep prohibited under the law due to the taxpayer subsidies for abortion. Those religious or moral opposition to abor- Hyde amendment except in the cases of who oppose this bill, including the tions should be forced to provide for rape, incest, and life of the mother. President, claim that it denies access them. Federal funding for abortion is already to health care for women. My message Madam Speaker, I support this legis- prohibited. This bill is even a radical to them is simple: the majority of lation, and I urge my colleagues to do departure from the Hyde amendment. women are opposed to having their the same. It represents an unprecedented and, hard-earned tax dollars spent on abor- Mr. CONYERS. Madam Speaker, I re- again, radical assault on women’s action. In a recent survey, it was found serve the balance of my time. cess to the full range of reproductive that 70 percent of women oppose tax- Mr. SMITH of Texas. Madam Speak- health care services. For the first time, payer funding for abortion. er, I yield 1 minute to my colleague this bill places restrictions on how We must permanently end this prac- from Texas (Mr. GOHMERT), who is also women with private insurance can tice. It is our duty to act and to act a member of the Judiciary Committee. spend their private dollars in pur- now. I urge my colleagues to listen to Mr. GOHMERT. Madam Speaker, my chasing health insurance. the majority of Americans who strong- first daughter was born very pre- This bill will deny tax credits for ly oppose publicly funding abortion maturely. They rushed her over to women who buy the type of health in- services and pass this bill. Shreveport to the highest level inten- surance that they currently have, Mr. CONYERS. Madam Speaker, I sive care. The neonatologist encour- health insurance that covers a full yield 1 minute to the distinguished aged me, because my wife couldn’t range of reproductive care. As a result, gentleman from New Jersey, ROB AN- come, to caress her, talk to her, that it now, this is about businesses. If you’re DREWS. meant so much, even though she a woman and you have a job and your (Mr. ANDREWS asked and was given couldn’t see me. She grabbed my finger employer gives you health insurance, permission to revise and extend his re- and held it for hours. She wanted to that employer will no longer be able to marks.) cling to life. take a tax deduction from your health Mr. ANDREWS. Members who are For those of us who think it’s wrong insurance—quite different from what pro-life or pro-choice should oppose to kill children in utero, it is even happens with their male employees. this bill because it does violence to the more wrong to pry money from our And in that event, when that happens, Constitution. This bill purports to say hands at the point of an IRS gun so health insurance companies will then that through the Tax Code, we can that others can use our tax dollars to roll back that coverage because there favor or disfavor the exercise of con- pay to kill those children. won’t be enough people participating in stitutional rights. Please, let’s stop it. the pool to justify that insurance. So b 1440 Mr. CONYERS. Madam Speaker, I there are millions of women who will That’s not right, and that’s not con- yield myself such time as I may con- no longer have access to insurance stitutional. The Members on the ma- sume. policies from their employer that cover jority side would certainly not support, I want to urge all of the Members of all reproductive services. nor would I, a provision that says you the House to please consider this issue The practical result of this legisla- can’t take a charitable contribution to from as an unemotional point of view tion for many is there will be a tax in- support a group that lobbies in favor of as possible, to please determine in your crease, a tax increase on small busi- pro-life causes. But if we wanted to dis- hearts and in your mind about the fact nesses and a tax increase on women favor that point of view in the Tax that this bill goes over the top. based on how they choose to spend Code, this is the way we would do it. I would now like to yield 1 minute to their private dollars simply for keeping There is no difference between what the distinguished minority leader, the coverage they have right now. the majority’s doing here and that odi- NANCY PELOSI. Even more of a problem, this legisla- ous provision that I just described. Ms. PELOSI. I thank the gentleman tion allows hospitals to deny life-sav- It is wrong to raise taxes on people for yielding. I thank him for his ongoing care to women in moments of who exercise their constitutional ing leadership on issues that relate to direst emergency. The bill would per- rights because they’ve chosen to exer- privacy and the health of America’s mit medical professionals to turn their cise their constitutional rights. Wheth- women. back on women dying from treatable er you are pro-choice or pro-life, if you Madam Speaker, today is approxi- conditions. It is appalling. are pro-Constitution, you should vote mately the 120th day of the Republican As the American College of Obstetri- ‘‘no.’’ majority in the Congress of the United cians and Gynecologists wrote in oppo- Mr. SMITH of Texas. Madam Speak- States; and in all those 120 days, we sition to this effort: ‘‘We oppose legis- er, I yield 1 minute to the gentleman have yet to see a jobs bill brought to lative proposals to limit women’s ac- from Alabama (Mr. ADERHOLT). the floor. We haven’t even seen a jobs cess to any needed medical care. These

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.050 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3030 CONGRESSIONAL RECORD — HOUSE May 4, 2011 proposals can jeopardize the health and Madam Speaker, there is no doubt challenges the concept of conscience- safety of our patients and put govern- whatsoever that ending all public fund- rights protections by attempting to co- ment between a physician and a pa- ing for abortions saves lives. Even the erce them and other health care pro- tient.’’ pro-abortion Guttmacher Institute said viders to perform, be complicit in, or b 1450 in an analysis in 2009 that ‘‘approxi- pay for abortion.’’ mately one-fourth of women who would On three different occasions in the Madam Speaker, let us not work to have had Medicaid-funded abortions (if past three years, the California Depart- limit the care; let us expand it. Let us the Hyde amendment did not exist) in- ment of Managed Health Care denied not raise taxes on small business and stead give birth when this funding is health insurance plan applications be- women; let us strengthen our middle unavailable.’’ In other words, when cause the plans excluded abortion cov- class. Let us never attack the health of public funding and facilitation isn’t erage and demanded that all healthcare women; let us, instead, create jobs. available for abortion, children have a plans must provide coverage for all That’s what the American people ex- greater chance at survival. basic health care services and medi- pect us to do, and that is why I urge I said earlier during the debate on cally-necessary health services includ- my colleagues to oppose this divisive the rule that I remember the late Con- ing so-called ‘‘medically-necessary and radical legislation. gressman Henry Hyde being moved lit- abortions.’’ This is a clear violation of Mr. SMITH of Texas. Madam Speak- erally to tears—I was in the room when the Hyde-Weldon conscience clause, er, I yield 1 minute to the gentleman it happened—when he learned that the but the injured parties lack judicial re- from Ohio (Mr. BOEHNER), the Speaker Hyde amendment had likely saved the course. This legislation would remedy of the United States House of Rep- lives of more than 1 million babies who this problem by making the policy per- resentatives. today are getting on with their lives, manent and providing access to the Mr. BOEHNER. Let me thank my going to school, forging a career, per- courts. colleague for yielding and express my haps serving in this Chamber—at least Let me just conclude, Madam Speak- support for H.R. 3, the No Taxpayer some of them—or even establishing er. Someday I truly believe future gen- Funding for Abortion Act. This com- their own families. erations of Americans will look back monsense bipartisan legislation codi- H.R. 3, the No Taxpayer Funding for on us, especially policymakers, and fies the Hyde amendment and similar Abortion Act, comprehensively ensures wonder how and why such a rich and policies by permanently applying a ban that all programs authorized and ap- seemingly enlightened society, so on taxpayer funding of abortion across propriated by the Federal Government, blessed and endowed with the capacity all Federal programs. including ObamaCare, do not subsidize to protect vulnerable human life, could Last year we listened to the Amer- the killing of babies except in the rare have instead so aggressively promoted ican people through our America cases of rape, incest, or the life of the death to children and the exploitation Speaking Out project, and they spoke mother. H.R. 3 ends the current IRS of their moms. They will note with out on this issue loudly and clearly. We policy of allowing tax favored treat- deep sadness that some of our most included it in our Pledge to America, ment for abortions under itemized de- prominent politicians, while they and today we are taking another step ductions, HSAs, MSAs, and FSAs. H.R. talked about human rights, they never toward meeting that commitment and 3 also ends the use of tax credits under lifted a finger to protect the most per- keeping our word. ObamaCare to purchase insurance secuted minority in the world, the A ban on taxpayer funding of abor- plans that include abortions, again, ex- child in the womb. Protect innocent tion is the will of the American people cept cases of rape, incest, or a threat to life, vote for H.R. 3, the No Taxpayer and ought to be the law of the land. the life of the mother. Funding for Abortion Act. But the law, particularly as it is cur- Madam Speaker, we know that Amer- Mr. BRADY of Texas. Madam Speak- rently enforced, does not reflect the icans are taking a good, long, hard sec- er, I yield myself such time as I may will of the American people. This has ond look at abortion. The polls show it. consume. created additional uncertainty, given On taxpayer funding, a supermajority— Madam Speaker, on behalf of DAVE that Americans are concerned not just over 60 percent and some polls put it as CAMP, chairman of the Ways and Means about how much we are spending but high as 68 or 69 percent—do not want Committee, and me, I stand today in how we are spending it. Enacting this their funding being used to pay for strong support of H.R. 3, the No Tax- legislation would provide the American abortions. payer Funding for Abortion Act, a bill people with the assurance that their Earlier in the debate, some of my col- that restricts the use of taxpayer funds hard-earned tax dollars will not be used leagues had suggested that this is a tax for abortion. to fund abortions. And I want to com- increase; yet the Americans for Tax I will continue my statement, but at mend the leadership of the gentleman Reform, who doggedly protect the pub- this time, I would like to yield 1 from New Jersey (Mr. SMITH) and the lic purse, have said, ‘‘Americans for minute to the gentleman from Virginia gentleman from Illinois (Mr. LIPINSKI), Tax Reform has no problems or issues (Mr. CANTOR), the majority leader of and I urge my colleagues to support with H.R. 3. The bill has no net tax the U.S. House. this bill. change whatsoever.’’ Mr. CANTOR. I thank the gentleman. Mr. CONYERS. I yield back the bal- H.R. 3 also makes the Hyde-Weldon And I would also like to congratulate ance of my time. conscience protection permanent and and thank the gentleman from New Mr. SMITH of Texas. Madam Speak- significantly more effective by author- Jersey, who had just spoken, for his er, I yield the balance of my time to izing the courts to prevent or redress leadership on this issue. the gentleman from New Jersey (Mr. actual or threatened violations of con- Madam Speaker, above all else, we SMITH), who is the chief sponsor of this science. And we know without any are a culture that values life. Likewise, legislation. doubt that there are huge pressures, our efforts as a Nation are dedicated to Mr. SMITH of New Jersey. I thank particularly in some States, like Cali- improving, preserving, and celebrating my good friend, the chairman of the fornia, to coerce healthcare providers life. That’s why it’s no surprise that Judiciary Committee, Mr. SMITH, for and plans and insurers and entire polling routinely shows that over 60 his great leadership. I want to thank health care systems—especially those percent of Americans oppose taxpayer Mr. LIPINSKI, prime cosponsor of H.R. 3. who are faith-based—to change their funding for abortion. I want to thank the other distin- policy and to permit abortion on de- H.R. 3, the No Taxpayer Funding for guished chairmen, DAVE CAMP; and mand. Abortion Act, enforces a government- FRED UPTON; our extraordinary Speak- The need for this protection—Hyde- wide prohibition on subsidies for abor- er, JOHN BOEHNER, for his eloquent Weldon—is great. According to Alli- tion and abortion coverage. At a time statement and for his compassion for ance of Catholic Health Care, which of fiscal crisis, this bill ensures that both mothers and children who are represents California’s Catholic Health scarce resources are not diverted to- hurt by abortions; and for ERIC CAN- Systems and Hospitals, ‘‘California’s wards increasing the number of abor- TOR, our superb majority leader, and Catholic hospitals operate in a public tions in America. This bill also codifies the 228 cosponsors of this legislation. policy environment that regularly existing conscience protections and

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.053 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3031 closes loopholes that offer tax-pre- AMERICANS FOR TAX REFORM, emption. There are some people who ferred status to abortion. In short, it Washington, DC, March 16, 2011. had a shocking proposal to radically comports with our values as a people. Hon. PAT TIBERI, change the very definition of rape. Thomas Jefferson warned that ‘‘to House of Representatives, Committee on Ways and Means, Washington, DC. There is a continuing effort to erode compel a man to subsidize with his Hon. RICHARD NEAL, basic fundamental reproductive free- taxes the propagation of ideas which he House of Representatives, Committee on Ways dom, and this shows a tactic of using disbelieves and abhors is sinful and ty- and Means, Washington, DC. the IRS that I think is very dangerous. rannical.’’ Forcing Americans to sub- DEAR CHAIRMAN TIBERI AND RANKING MEM- It does, in fact, increase the com- sidize elective abortion with their tax BER NEAL: On behalf of Americans for Tax plexity and raises taxes on individuals dollars falls squarely in this camp. Reform, I write today to clarify our position who may, in fact, need these proce- Madam Speaker, I urge my col- on H.R. 3, the ‘‘No Taxpayer Funding for dures that may, in fact, be lifesaving. leagues to support H.R. 3 to ensure Abortion Act.’’ As you know, the Congres- sional Budget Office on March 15, 2011 de- The proponents may not agree with that no taxpayer dollars go toward the clared that H.R. 3 has ‘‘negligible effects on what a woman and her doctor decide funding of abortion. tax revenues.’’ In budgetary parlance, that is but that should be their decision. Mr. LEVIN. I yield myself 2 minutes. synonymous with a zero tax score. As a re- This raises the specter of using the We here need to talk straight to the sult, ATR has no problems or issues with Tax Code and the Congressional inves- American people. This bill does not H.R. 3. The bill has no net tax change what- tigating power in ways that no one codify the Hyde amendment. It goes soever, and is therefore not legislation at all should support. relating to the Taxpayer Protection Pledge. well beyond it. We don’t need to codify Mr. BRADY of Texas. Madam Speak- the Hyde amendment. It’s the law of Attempts to claim otherwise are not based on reality, but on mere political gamesman- er, I yield the balance of my time to the land. The purpose of this bill is to ship of the lowest order. the distinguished gentlewoman from go beyond it, and that’s what you We look forward to continuing to work Tennessee (Mrs. BLACK), a nurse and a should acknowledge. with you to make certain that all tax legis- member of the Ways and Means Com- b 1500 lation is (at worst) tax revenue-neutral, as mittee. H.R. 3 already is. Mrs. BLACK. Madam Speaker, today In doing so, you cross a very, very Sincerely, we have heard many misrepresenta- important line. This bill is going no- GROVER NORQUIST. where in the Senate. Where it can go is tions of the true nature of this bill, and This legislation makes specific and so I want to boil it down to the simple everywhere in interfering with a per- narrow changes to the Tax Code so if son’s access to health care, or with the facts of what this bill actually does— funds in an FSA or health savings ac- no hyperbole, no scare tactics. use of their own money for their own count are used to pay for an abortion, This bill codifies the Hyde amend- purposes as they choose. The logic those dollars will not receive tax-fa- ment that no taxpayer dollars will go here, if it becomes precedent, could be vored treatment; prevents the cost of to funding abortions. And this is a used, for example, to prevent a health an abortion from counting towards the longstanding policy of the Federal Gov- policy falling under the Tax Code if the deduction for unreimbursed medical ernment since 1976. procedure relates to a development expense; and clarifies tax subsidies We already know how medical ex- that occurred because of stem cell re- made available in the 2010 health law penses of all sorts are treated under search. We should not be doing that. It for the purpose of insurance cannot be the Tax Code. Taxpayers who use takes away the ability to use an used for policies that cover abortion. itemized deduction. We should not do Madam Speaker, H.R. 3 is pro-life, itemized deductions for medical ex- that. pro-family, and it is pro-taxpayer. It’s penses, who have HSAs or FSAs or Where does this stop? Where does it a responsible step to ensuring a long- MSAs, do not, and I want to highlight stop? It crosses a line for the first standing precedent Republicans and that, do not identify each medical ex- time. It does not codify. It threatens Democrats have supported for decades. pense on an individual tax return. That crossing a line we should not in terms And I urge all Members to support H.R. is not the case today nor will it be the of the ability of people to provide 3 so that no taxpayer funds are used for case if this bill is signed into law. health care and use their own re- abortion. And to be clear, what this bill does sources. I reserve the balance of my time. not do, a woman would not have to list on a tax form that a specific medical I reserve the balance of my time. Mr. LEVIN. I yield 11⁄2 minutes to an- Mr. BRADY of Texas. I yield myself other member of the Ways and Means expense was for an abortion. That’s 11⁄2 minutes. Committee, the gentleman from Or- simply not how the process works. It’s Simply put, this legislation is about egon (Mr. BLUMENAUER). not how it works today nor will it be making sure taxpayer funds aren’t used Mr. BLUMENAUER. My friend from how it works if this is signed into law. to fund abortions. In the clearest and Michigan said it right. There are no So it’s important to make clear that most general terms, we’re codifying Federal funds for abortion under the no one would ever be audited because the longstanding bipartisan Hyde terms of the Hyde amendment, except of an abortion. They would have to al- amendment which prevents taxpayer in the case of rape and incest. ready be under an audit for some other funds from being used for abortion-re- What this is about is how families reason before—and I want to emphasize lated costs. spend their money and small business before—the IRS would even consider I want to be clear about what the leg- deals with insurance. It’s part of a con- asking about any medical procedure. islation does and does not do. This leg- tinuing Republican assault against Many types of medical care are very islation does not, as critics claim, af- people with whom they disagree. It private. And as a nurse for over 40 fect either the ability of an individual continues the sad spectacle of using years, I fully understand how personal to pay for an abortion or abortion cov- the Internal Revenue Service—I would medical issues can be. And taxpayers erage through private funds or the abil- say not just the use but the abuse of who don’t want to tell the IRS about ity of an entity to provide separate the IRS—to attack people with whom medical procedures they wish to be abortion coverage. It does not apply to they disagree. kept private can do so by not claiming abortions in the cases of rape, incest or Remember the spectacle of the Ways those tax credits for such care. life-threatening physical conditions of and Means hearing where they drug Now, even if this issue did arise in an the mother. Nor does it apply to treat- AARP before them and tried to have an audit, other Federal agencies that al- ment of injury, infection or other investigation because they disagreed ready use taxpayer dollars, such as health problems resulting from an with them on health insurance? Medicaid and the Federal Employee abortion. And to be crystal clear, this Yes, this would put government be- Health Benefit Program, have had no legislation does not increase taxes. tween doctors and American families. problem distinguishing between abor- At this time, Madam Speaker, I But it’s not just about abortion under tions following rape and incest and would like to submit a letter from the Hyde amendment. elective abortions, and have done so Americans for Tax Reform to that ef- Remember, there are some people without a reporting requirement. It’s fect. who are against the rape and incest ex- already there. They generally accept

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.056 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3032 CONGRESSIONAL RECORD — HOUSE May 4, 2011 the statement of the provider, basi- Madam Speaker, the bill before us eral prisons, Peace Corps volunteers, cally, a doctor’s note. And I would ex- today should be a no-brainer. Ameri- and women seeking care under the In- pect the IRS to do the same in these cans overwhelmingly reject the use of dian Health Services Act from getting extremely rare cases. taxpayer funds for abortion. In several the care they need. In other words, Now, that doesn’t mean that this is polls over the last few years, anywhere there is no Federal funding for abor- not a very difficult situation for that from 60 percent to 70 percent of the tion. But actually what it does do, small group of women. And I under- public oppose using taxpayer funds for among other things, is attack small stand it is incredibly difficult, and my abortion. H.R. 3 puts into statute the businesses. heart goes out to them. But if you will of the American people. Let’s hear the words of Frank Knapp, claim a tax benefit for a medical proce- Since 1976, the Hyde amendment has Jr., president and CEO of the South dure like an abortion and you get au- been included in appropriations bills to Carolina Small Business Chamber of dited, you can either choose to forego ensure that Federal funds are not used Commerce with 5,000 members. Here is that tax benefit or else prepare to sub- to provide abortions. This policy provi- what he says: stantiate the tax benefit. sion has passed year in and year out H.R. 3 is an attempt to roll back the Mr. LEVIN. It is now my pleasure to with bipartisan support. H.R. 3 would historic small business health insur- yield the balance of my time to a very just take that provision and put it into ance tax credit created by the Afford- distinguished member of our com- law. This may make sense to most able Care Act. When the House voted to mittee, the gentleman from New York Americans, but for some reason this eliminate and defeat the entire Afford- (Mr. CROWLEY). idea receives great pushback in Wash- able Care Act, we—he means small (Mr. CROWLEY asked and was given ington. businesses—could rationalize that this permission to revise and extend his re- Health care reform also placed abor- great benefit for small businesses was marks.) tion funding at the center of its debate. just collateral damage. My own Con- Mr. CROWLEY. Madam Speaker, In their haste to pass ObamaCare last gressman told me he would support the with all due respect to my colleague, Congress, the Democrat leadership in small business health insurance tax Mrs. BLACK, when someone comes to Washington neglected to include any credits in the Affordable Care Act re- the floor and says, I’m going to speak adequate prohibition on abortion fund- placement legislation. But small busi- now free of hyperbole, well, it will be ing. The President did issue an execu- nesses can no longer think of them- so high up to your neck you don’t have tive order to support the intentions of selves as collateral damage. to worry about getting it off your shoe Hyde. Unfortunately, the order merely Mr. Knapp says: Let me make this because the reality is that was all hy- reiterated the accounting gimmick in very clear. A vote for H.R. 3 is a direct perbole. the health care bill. attack on small business. Every Rep- If what we were doing here right now The President’s own chief of staff at resentative who loudly proclaims their was simply codifying existing law, that time would later comment on how love for small businesses because they there would probably be very little he thought up the idea for this execu- are the backbone of the economy now angst on this side of the aisle. But tive order so that they could ‘‘allow can put their vote where their mouth that’s not what’s happening. What this the Stupak amendment not to exist by is. Their true support for small busi- provision does is goes so much further. law but by executive order.’’ ness will be judged by their ‘‘no’’ vote It only speaks to the ideological purge When the President signed that bill on H.R. 3. that you’re on right now. into law, he allowed a massive expan- I urge all my colleagues not to let Madam Speaker, on the 100th day of sion in Federal funding for abortion. In this phony use of the Tax Code to take Republican rule of the House, I stood a time of great Federal debt, the last away the rights of small businesses speechless on this floor at their failed thing the American people want is to that get tax credits or individuals to campaign promise to focus on job cre- have their taxpayer dollars used on the pay for abortions with their own ation and economic growth. It’s said, morally objectionable practice of abor- money. ‘‘Actions speak louder than words,’’ tion. Mr. PITTS. For the information of and that is true. According to a 2007 Guttmacher In- the Members, the Hyde amendment b 1510 stitute report, if the Hyde amendment only applies to the Labor-H bill. It is For all the Republicans’ talk about were removed from law, the number of offered every year as a rider. Similar putting Americans back to work, their abortions would likely increase by 25 language is offered to Indian Health, actions demonstrate this is the least of percent. The study reveals what is Federal Employee Health Benefits Act. their priorities. Instead, they have cut common sense: an increase in funding We have done these amendments, or jobs, they have raised taxes, and re- for abortions will directly lead to an riders, to these bills every year for duced Americans’ access to health increase in the number of abortions. years. So when you speak about the care. Many of my colleagues on the other Hyde amendment, we should speak The bill being debated today also has side of the aisle have expressed their about it accurately. no jobs component whatsoever. Not a desire to reduce abortions. If that is I yield such time as she may consume single job will be created because of truly their desire and not just a talk- to the gentlewoman from Missouri this bill today. In fact, it will raise ing point, then they should have no (Mrs. HARTZLER). taxes and hamper the ability of small problem at all voting in favor of this Mrs. HARTZLER. Madam Speaker, I businessmen and -women to hire peo- bill. I urge my colleagues to support rise in support of H.R. 3. ple. this bill. This is not a controversial bill. This In their ideological zeal to restrict a I reserve the balance of my time. is a commonsense bill to rein in our woman’s right to choose, the Repub- Ms. DEGETTE. Madam Speaker, I runaway government spending and to licans have prioritized a measure that rise in strong opposition to this ex- quit spending money on things that the the South Carolina Small Business treme legislation, and I yield 2 minutes American citizens don’t want. Cer- Chamber of Commerce calls, and I to the distinguished gentlewoman from tainly we should not be spending our quote, ‘‘a slap in the face to small busi- Illinois (Ms. SCHAKOWSKY). hard-earned tax dollars on abortion. ness owners.’’ Ms. SCHAKOWSKY. Madam Speaker, People work hard all year to send in We just a few weeks ago removed the I rise in opposition to H.R. 3, the so- their taxes on April 15, and they 1099 onerous provisions, and now we are called No Taxpayer Funding for Abor- shouldn’t have their money going to going to further burden small business- tion Act. But don’t be confused. H.R. 3 something that is morally objection- men and -women with this provision. It goes far beyond current law which is able to them that takes away human will burden them. It will not create a already highly restrictive and, frankly, life. single job. It will only further burden which I oppose. There are many, many areas of this the ability of small businessmen and The Hyde amendment already pro- budget that we need to rein in, but this -women to create jobs in America. hibits women enrolled in Medicaid and is noncontroversial. This is something Mr. PITTS. Madam Speaker, I yield Medicare, Federal employees, women that over 60 percent of the American myself such time as I may consume. serving in the military, women in Fed- people say, I don’t want my tax dollars

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.065 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3033 going to pay for abortions, the taking Madam Speaker, not using the hard- to cover abortion services; the bill would also of a human innocent life. earned money of taxpayers to destroy prohibit federal funding for health insurance So it is time to make this permanent innocent unborn children is not ex- that includes abortion coverage. so that we don’t have to, as a Congress, treme, and it is not radical. It is the H.R. 3 would prevent public funds from come in every year and discuss these right thing to do. The majority of being used to pay for, or subsidize, abortions, issues on all the different legislation Americans agrees with us that it is the either through the Patient Protection and Af- that is out there. Now is the time to wrong thing to use their money for this fordable Care Act or health care affordability make this permanent. Get it off the issue. tax credits. The bill includes a provision to pro- table so we can get on to other areas of I want to support my colleague in vide for exceptions in the case of rape, incest, reining in the runaway spending, mak- this legislation in saying we need to physical injury or physical illness to the ing government more efficient and pass this bill, and we need to send a women. The Hyde Amendment is already in more effective, using our tax dollars message to the American people that place in current federal health programs like more wisely. we are wise stewards of their money. Medicaid and Medicare, and this bill would en- And certainly it is not an affront to The SPEAKER pro tempore. The gen- sure it is governed in a consistent manner. women’s health. Women have the op- tlewoman from Colorado has 2 minutes I have received numerous letters from my portunity to get the health care that remaining. constituents whom have expressed serious they need now, but we don’t need to be Ms. DEGETTE. I yield myself the bal- concerns that federal funds would be used to using it to take innocent human life. ance of my time. pay for elective abortion procedures. I am very I certainly applaud this bill, which Madam Speaker, in sitting and lis- supportive of the overall goals of H.R. 3, has so many cosponsors. We need to tening to this debate, it would be ex- which would effectively codify the Hyde– make sure that our tax dollars are not tremely easy to become completely Weldon clause to support existing federal con- used for abortion. confused. The proponents of this bill science protections for health care providers. b 1520 keep repeating the same mantra. They I commend Congressman SMITH for his leadership on this important issue, and I urge Ms. DEGETTE. I am now pleased to want to stop the Federal funding of yield 1 minute to a senior member of abortion. They forget to mention that my colleagues to support this amendment. Mr. MARINO. Madam Speaker, I rise today the Energy and Commerce Committee, there is no Federal funding of abortion. the gentleman from New York (Mr. What they want to do for the first to express my strong support for H.R. 3, the No Taxpayer Funding for Abortion Act. I be- ENGEL). time is to expand restrictions on fund- Mr. ENGEL. I thank the gentle- ing into tax policy. Right now, under lieve strongly that every human life should be woman for yielding. current law, we have the Hyde Amend- protected, whether born or yet to be born. As I believe my friends on the other side ment, which every year prevents Fed- the father of two adopted children this issue is of the aisle think that, if they repeat eral funds from being used for abortion very personal to me; every day that I spend something again and again, people will except in the cases of rape, incest or in with my children reminds me that all lives are begin to believe it. The fact of the mat- saving the life of the mother. I don’t precious. Protecting the lives of innocent chil- ter is the Hyde Amendment already like the Hyde Amendment. Lots of peo- dren should be the responsibility of Congress prohibits Federal funds from being ple don’t like the Hyde Amendment, and this legislation represents an important used for abortions. This is not about but it’s the law. This bill, however, step in the right direction. Currently, we rely on a patchwork of ‘‘riders’’ Federal funds. goes far beyond current law. Now my to appropriations legislation or Executive or- The other thing I don’t understand is colleagues across the aisle want to ex- ders to protect American taxpayers from fund- my Republican friends always claim pand these restrictions and make sure ing abortions. As the debate on the health that they want smaller government, that individuals and businesses can’t care legislation transpired during the last Con- that they don’t want the government get complete women’s health care in gress, we saw first-hand the problem with con- to intrude on people’s lives. So here we their health insurance, with their own are, about to pass a measure that ex- tinuing to rely on this draconian process. In- money, without paying for a tax instead of relying on the whims of the annual pands government, that intrudes on crease. Businesses, which right now get people’s lives, that penalizes small appropriations process or any easily revocable tax relief for having full health insur- order by the President, it is time to put into businesses, and impedes them from cre- ance, would not be able to get it. ating jobs. law the prohibition against using taxpayer dol- Let me say this again: At a time lars to pay for abortions. The Federal govern- I don’t believe the government when everybody in this House and cer- should be in the business of preventing ment should not, directly or indirectly, provide tainly when everybody on the other any funding for abortion services and this leg- people from accessing legal medical side of the aisle is saying we can’t raise treatment. It surprises me and worries islation is critical to ensuring these prohibitions taxes, the leadership of this House is me that this Congress keeps proposing exist. supporting raising taxes to advance a legislation that diminishes the right to As you can see, I believe one of the largest social policy. responsibilities of Congress is to provide the access health care. Abortion is legal in I don’t think, Madam Speaker, that this country. I understand how people utmost protection for our nation’s children—in- this was in the Republican Pledge to feel on both sides of the aisle. It’s a cluding the lives of the unborn. It is time that America. I don’t know how many times very personal decision. Yet Repub- we enact one, consistent policy to eliminate the Republican leadership is going to licans seem intent on interfering with any problems or confusion about abortion make this Congress vote to strip Amer- a woman’s right to make her own deci- funding in future legislation. ican women of their access to health sions with her family and physicians, Mr. FARR. Madam Speaker, H.R. 3 is an care with their own money. I, for one, using her private money. extremely misleading piece of legislation. Sup- Abortion is a difficult choice, to be would like to encourage them to spend porters of the bill argue that it will simply cod- sure, and this extreme legislation their time getting our country back to ify the Hyde amendment and permanently pro- makes the decision even harder. We work rather than on an extreme agen- hibit taxpayer funding of abortion. However, need to provide women and their fami- da that the American people didn’t ask we all know that is false. H.R. 3 is actually lies with the support they need to for, didn’t want, and that is going no- much more nefarious than that. It seeks to re- make health decisions, not criminalize where in the U.S. Senate but, if it did, strict women’s reproductive rights and access them. Vote ‘‘no’’ on this bill. would be vetoed by the President of the to health care; increase healthcare premiums Mr. PITTS. Madam Speaker, how United States. for many Americans and small businesses; much time is remaining? I urge the Members to vote ‘‘no’’ on and, limit the private insurance choices of con- The SPEAKER pro tempore. The gen- this ill-conceived piece of legislation. sumers. It will almost certainly guarantee that tleman has 30 seconds remaining. Ms. BORDALLO. Madam Speaker, I rise insurance companies will no longer offer abor- Mr. PITTS. I yield 30 seconds to the today in support of H.R 3, the No Taxpayer tion coverage to consumers. gentlelady from North Carolina (Ms. Funding for Abortion Act, sponsored by Con- The Republicans in the House have been FOXX). gressman CHRISTOPHER H. SMITH. This bill, on a mission, ever since they took over the Ms. FOXX. I thank my colleague supported by the United Conference of Catho- Majority, to completely eliminate women’s re- from Pennsylvania for his leadership lic Bishops, would reinforce the Hyde Amend- productive rights and their access to on this issue and for yielding time. ment, which prohibits the use of federal funds healthcare.

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K04MY7.069 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3034 CONGRESSIONAL RECORD — HOUSE May 4, 2011 I recently received a letter from a male con- has been passed every single year for nearly H.R. 3 would also deny tax credits to small stituent who is 68 years young; someone we forty years—we already have a law prohibiting businesses that offer their employees insur- can all agree is definitely not in need of repro- the use of federal funds to pay for abortion, ance plans that cover abortion. This would ductive health care. This man is a recipient of we don’t need another one. have a significant impact on millions of fami- Medicare and receives his primary care at the H.R. 3 is an unnecessary distraction from lies across the nation who would no longer be Santa Cruz chapter of Planned Parenthood. the real issues that we were sent here to ad- able to take advantage of existing tax credits His doctor is the one of the few doctors in dress. While some of us take our duties seri- and deductions for the cost of their health Santa Cruz County who currently accepts ously, the GOP is busy creating diversions to care. For example, small businesses that offer Medicare patients. avoid doing real work. Rather than focus on health plans that cover abortions would no If the Republicans get their way and federal job creation, as the American public has said longer be eligible for the Small Business funding is denied to Planned Parenthood and it wants us to do, the Republican majority Health Tax Credit—potentially worth 35%– other organizations that provide primary would limit women’s healthcare options and in- 50% of the cost of their premiums—threat- healthcare for low income patients simply be- crease healthcare costs for lower- and middle- ening 4 million small businesses. Self-em- cause they also provide reproductive income women and families. This kind of di- ployed Americans who are able to deduct the healthcare, then this man, along with millions version has no place in this Congress. The cost of their comprehensive health insurance of other low income Americans, will be denied GOP has been in the majority for four months, from their taxable income will also be denied their only access to primary healthcare in their yet they have failed to introduce even one similar tax credits and face higher taxes. communities. Hospital emergency rooms will piece of legislation that addresses jobs. They A November 2010 Hart Research poll found become the health care provider of first resort. do, however, have the time to play political that a significant majority (74%) of the Amer- Hospitals that are currently overwhelmed games with the health care of poor Americans ican population opposes the key provision of would be further inundated, thereby driving up and to attack the rights of every woman in this this bill, which would increase the tax burden healthcare costs even higher and costing the country to choice—a personal decision that is on those who purchase comprehensive health federal government even more taxpayer dol- and should remain between a women and her insurance plans. lars. physician. Current law requires state Medicaid pro- If saving taxpayer dollars is truly the goal, The proponents of this legislation aren’t in- grams to cover abortion care in limited cir- then the Majority should be supporting family terested in addressing real problems, Madam cumstances, including in cases of rape, incest, planning and reproductive healthcare services, Speaker. They’re only interested in creating or when the pregnancy jeopardizes the wom- not attacking them. We all know that for every more of them. That is why I oppose H.R. 3. an’s life. H.R. 3 would allow states to refuse $1 spent on family planning, $4 of taxpayer Ms. RICHARDSON. Madam Speaker, I rise abortion coverage for Medicaid beneficiaries in money is saved. today in strong opposition to H.R. 3, the ‘‘No all of these cases, even when their life is in This bill is radical and extreme. It is a far cry Taxpayer Funding for Abortion Act.’’ This de- danger. from any kind of middle ground or compromise ceptively titled legislation is nothing more than Women who would need to terminate a on abortion policy. It will make abortion as dif- another Republican assault on women’s ac- pregnancy as a result of medical complica- ficult to obtain as possible without actually cess to reproductive health care. tions would be forced to pay up to $10,000 or criminalizing the procedure. H.R. 3 over- At a time when Congress needs to be fo- more for abortion services. For many women, reaches in every possible way. More impor- cused on creating jobs and protecting the mid- being forced to pay the full cost of an abortion tantly, it would penalize rather than help tax- dle class, the Republican majority has decided is not economically feasible and would lead payers, impede basic government functions, to make this anti-choice bill a priority. If en- many families into bankruptcy or force preg- and discriminate against women who are acted, this legislation will severely curtail wom- nant women with medical complications to struggling to do their best in a difficult situa- en’s access to reproductive health care by: take on major risks to carry the child to term. tion. 1. Banning the coverage of abortion serv- H.R. 3 would also undermine the District of Madam Speaker, the American people want ices in the new health care law; Columbia’s home rule by restricting its use of both parties to work together. H.R. 3 only in- 2. Imposing tax penalties on women and funds for abortion care to low-income women. flames an already intense and intractable de- small businesses with health insurance plans The Hyde Amendment stipulates that no bate and further polarizes this House. I urge that cover abortion; taxpayer dollars are to be used for abortion my colleagues to object to H.R. 3. 3. Narrowing the already restrictive rape and care, and has narrow exceptions for rape, in- Mr. HONDA. Madam Speaker, I rise today incest exceptions in the Hyde Amendment; cest, and health complications that arise from in strong opposition to H.R. 3, an unnecessary and pregnancy which put the mother’s life in dan- and intrusive bill that represents a short-sight- 4. Continuing to limit access to reproductive ger. H.R. 3 would restrict women’s access to ed attack on the rights of women and families, health care for low income women, and ban reproductive health care even further by nar- and distracts us from the work that Americans coverage for federal employees and women in rowing the already stringent requirements set sent us here to do. the military. forth in the Hyde Amendment. H.R. 3 would diminish meaningful access to If this bill were enacted, millions of families When the Affordable Care Act was signed healthcare for millions of lower and middle in- and small businesses with private health insur- into law, the President issued an Executive come families by denying them tax credits if ance plans that offer abortion coverage would Order to ‘‘ensure that Federal funds are not the insurance plan they choose includes cov- be faced with tax increases, making the cost used for abortion services.’’ This bill goes far erage for abortion services. This means that of health care insurance even more expen- beyond the safeguards established under the under this bill, for the first time ever, our coun- sive. Affordable Care Act, and sets a dangerous try would equate health expenses that are the Under the Affordable Care Act, insurers are precedent for the future of women’s reproduc- subject of preferential tax treatment as the able to offer abortion coverage and receive tive health in this country. same as federal spending. The costs of health federal offsets for premiums as long as enroll- At a time when the American people want services remain the same, whether the cov- ees pay for the abortion coverage from sepa- Congress to focus on creating jobs and stabi- erage for abortions is provided in a plan or rate, private funds. If enacted, H.R. 3 would lizing the economy, the Republicans wish to not. Removing these tax breaks for the most deny federal subsidies or credits to private focus on this divisive piece of legislation that vulnerable members of our society is not only health insurance plans that offer abortion cov- does nothing to move our country forward. dangerous, it is heartless, and it will return a erage even if that coverage is paid for from I urge my colleagues to join me in voting no constitutionally-protected medical procedure to private funds. on H.R. 3, a bill that represents an unprece- its dark back-alley days. Rather than offering This would inevitably lead to private health dented step backward in women’s reproduc- real solutions to the problems our nation insurance companies dropping abortion cov- tive freedom. faces, the other side of the aisle only offers a erage leaving millions of women without ac- Ms. HANABUSA. Madam Speaker, I would return to the fights over social issues of the cess to affordable, comprehensive health care. like to express my deep opposition to H.R. 3. past. Currently, 87% of private insurance health Rather than focus on legislation that will help Republicans claim that H.R. 3 merely codi- care plans offered through employers cover the millions of Americans struggling to recover fies the Hyde Amendment, a provision prohib- abortion. If H.R. 3 is made into law, consumer from a national recession, the majority in this iting the use of federal funds for most abortion options for private health insurance plans chamber have instead decided to take up an services, but it goes much farther than that— would be unnecessarily restricted and the tax unreasonable piece of legislation that essen- it tries to end private insurance coverage of burden on these policy holders would increase tially declares war on women’s access to abortion care. Besides, the Hyde Amendment significantly. healthcare.

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\K04MY7.060 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3035 H.R. 3 is being called the ‘‘No Taxpayer Instead, the Republican leadership presents Let me be clear—no amendment, no word Funding for Abortion Act.’’ In fact, the a bill whose relentless focus is to extinguish a change could make this bill even close to ac- healthcare legislation that President Obama woman’s right of choice with respect to preg- ceptable. It is an insult to American women signed into law last year already states that no nancy. who require life-saving abortion care for health federal taxpayer dollars may be use to fund We have already resolved this issue. Last purposes, and a slap in the face to all Amer- abortion services. Additionally, the law re- year, we did so in the Affordable Care Act. ican women who until now may have thought quires that plans receiving federal funds must That law clearly and unequivocally prohibits that their constitutional right to make their own keep taxpayer dollars separate from funds for the use of federal funds for abortion; keeps private medical decisions about their body was abortion services. state and federal abortion-related law in place; safe. Women in the United States simply do not and ensures that those whose conscience dic- Now we know that it’s not— and the anti- get public funds for abortion services. How- tates against abortion are protected, and not choice community will stop at nothing to en- ever, under the guise of eliminating abortion discriminated against. sure that they chip away at Roe v. Wade until funding, what this bill really does is limit ac- But this is not enough for some. H.R. 3 will it is gone forever. cess to reproductive healthcare for the millions result in a virtual shut-down of abortion serv- Madam Speaker, I urge my colleagues to of women who pay for insurance and medical ices in the United States. vote ‘‘no’’ on this atrocious bill. A vote against expenses through their own private insurance In addition to making permanent the prohibi- H.R. 3 is a vote for the health of American plans. tion in existing law on any federal funding for women and the sanctity of constitutional rights Finally, it is my firm belief that it is not the abortion, H.R. 3 prohibits any federal funds for us all. place of Congress to impede on women’s re- from being expended for health benefits cov- Mr. STARK. Madam Speaker, I rise in vehe- productive freedom rights, which is exactly erage that includes coverage of abortion. It es- ment opposition to the ‘‘No Taxpayer Funding what this bill does. tablishes tax penalties for private expenditures for Abortion Act.’’ Instead of debating divisive partisan issues, on abortion. It provides a limitation on federal Of the many problems with this legislation, we should be working to get the nation back facilities and employees with respect to abor- it ignores the fact that the Affordable Care Act on track. The Republican leadership has con- tion. It again singles out the District of Colum- already bans federal funding for abortion ex- trolled the agenda in the House of Represent- bia to prevent the citizens of that city from de- cept in rare cases. Instead of being content atives for the last 18 weeks and has still not termining whether the local government can with these firm restrictions, the authors of this brought forth legislation that would help stimu- fund abortion services with its own revenue. bill have paved a new way for the most per- late the economy and spur economic growth. H.R. 3 is extreme, it is cruel, it is offensive, ilous anti-choice policy: their legislation would Mr. PASCRELL. Madam Speaker, let me be and it is wrong. actually deny a woman an abortion when car- clear. Throughout my years in Congress, I As I have stated in opposing other restric- rying out her pregnancy would endanger her have always supported the Hyde amendment tive legislation on reproductive rights this year, life. The more subtle details of the bill are al- and have been against any government fund- this legislation will not become law. It is not most as onerous. ing of abortion. Moreover, I have voted with what the American people are asking us to do. Republicans want IRS agents to double as the conviction that we, as Members of Con- November’s election was focused on jobs and ‘‘abortion detectives’’ who decide whether tax gress, should not reach into the private lives economic growth. Its outcome was not a man- benefits have been improperly claimed with re- of our constituents on issues as personal as date to erode the rights of choice that are pro- gard to abortion service expenses. Their legis- this. tected by the Constitution. lation prevents low-income women and fami- There is a very thin line here and this bill H.R. 3 turns the clock back to over 50 years lies from using premium tax credits if their goes beyond it. As we all know, good policy ago. It should never have been brought to the coverage includes abortion services. It in- is about striking a good balance. During health floor and it should never be given the force of creases families’ taxes when they use funds care reform, we reached a delicate com- law. Not in the United States of America. Not from their health savings or flexible-spending promise yet this bill would unravel that com- in the 21st century. I urge its defeat. accounts for abortion related expenses. It de- promise to use the tax code in an unprece- Ms. WASSERMAN SCHULTZ. Madam nies employers the right to use ACA tax cred- dented manner. As a Member of the Ways Speaker, I rise today to state my strong oppo- its to provide their employees with comprehen- and Means Committee, I am acutely aware of sition to H.R. 3. This bill—ostensibly the Re- sive health coverage. how we use the tax code and disagree with publican leadership’s third-highest priority—is If this bill becomes law, our constituents will the majority’s choice to set this precedent. a reprehensible piece of legislation that will do be paying far more than just higher taxes: they At the end of the day, my constituents know nothing but put the lives of American women will be paying with their privacy, their dignity, my position on this issue. I believe women at risk. and their right to determine the course of their should be able to make their personal deci- It also tells us what the Republican leader- own lives. sions in consultation with their families, their ship thinks of American women. When this bill This bill does everything short of having faith, and with their health professionals. That was first introduced, I was outraged and horri- anti-choice politicians physically present in our is how it should be. However, should this bill fied that the bill narrowed the long-standing doctor’s rooms, in our hospitals and looking become law, not only would the IRS be in- exemption for rape to only ‘‘forcible rape.’’ I over our shoulders when we fill out our tax volved asking women about a very personal called this out for what it is—a violent act forms. I urge my colleagues to show their re- decision, but the middle class would face in- against women. spect for our constituents by opposing this creased taxes. I am not comfortable with When this bill was marked up in the House thoughtless and harmful bill. these consequences and with the unbalanced Judiciary committee, ‘‘forcible’’ had been re- Mr. MORAN. Madam Speaker, I rise today approach of this bill. I urge my colleagues to moved, therefore leaving the language as it in strongest opposition to H.R. 3, the ‘‘No Tax- vote no on H.R. 3. has stood for decades. Without the word ‘‘forc- payer Funding for Abortion Act.’’ Not only is Mr. WAXMAN. Madam Speaker, I am wholly ible,’’ this exemption includes a wealth of hor- this bill taking up valuable floor time, but it is opposed to this legislation, and urge its defeat. rifying circumstances, such as date rape, stat- redundant and goes beyond a woman’s right We have a lot of challenges in this country: utory rape, and rape where the woman is un- to control her body by tinkering with the tax high gasoline prices, high unemployment, an conscious or mentally unable to consent. code and private health insurance plans. economy that is not growing strongly enough, To say that these instances are not really It is a mystery to me why we keep wasting crumbling infrastructure, a growing threat from rape is a violent affront against women and time on legislation that addresses abortion. carbon pollution and climate change, and two the gravest insult to ALL victims of sexual as- The Supreme Court has ruled on this issue, ongoing wars in the Middle East, among many sault. and there are established policies that prohibit others. Madam Speaker, I was absolutely incensed the use of federal funds for abortion services But rather than focus on issues that are when I learned that although ‘‘forcible’’ does except in very narrow circumstances. The front and center in the lives of Americans from not appear in the bill language, its sponsors President has announced he will veto this bill all walks of life, what legislation does the Re- ensured that the report language clearly noted should it actually reach his desk. publican leadership choose to bring to the that the bill intends to apply to only ‘‘forcible’’ Almost 9 percent of Americans are out of floor today? Not a bill for jobs. Not a bill for instances of rape. work, yet the House of Representatives has growth. Not a bill that will promote clean en- So not only do the bill’s sponsors not have not taken one step to address this pressing ergy. Not a bill for education. Not a bill for in- a problem with endangering the lives of Amer- national concern. frastructure investment. Not even a bill that ican women—but they’re perfectly fine with not My Republican colleagues—who are strong addresses the deficit. telling them the truth, too. advocates for less government—consistently

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\A04MY7.022 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3036 CONGRESSIONAL RECORD — HOUSE May 4, 2011 want the federal government to oversee a an insurmountable burden on a woman’s fun- Furthermore, it takes the more-recent woman’s reproductive rights. This legislation damental right to make decisions about preg- Weldon Amendment approach, which allows a jeopardizes the health of pregnant women nancy that it could very likely be considered large universe of entities to refuse abortion who may be suffering from cancer or another unconstitutional. services for any—or no reason whatsoever. devastating disease, by limiting their ability to The second amendment I attempted to offer Unlike the Church Amendment approach, H.R. obtain adequate insurance in the private mar- would have created an exception to protect 3 protects only those who refuse to provide ket. women from severe long lasting health dam- abortion services, and makes that one-sided House Republicans are manipulating the tax age. This amendment is supported by the protection permanent for all laws by providing code to make sure abortions are out of reach American Congress of Obstetricians and Gyn- a completely new private cause of action. It for low income and in some cases, even mid- ecologists. Every year, 10–15 million women does nothing to protect those entities that do dle class women. This legislation would also suffer severe or long-lasting damage to their offer abortions. take away benefits that women insured in the health during pregnancy, including but not lim- The conscience rights of those who provide private market currently have by imposing tax ited to lung disease, heart disease diabetes, services, and not just those who refuse, de- penalties on individuals and small businesses and loss of reproductive ability. H.R. 3 only serve equal respect and recognition. Ameri- whose insurance plans include any kind of considered a woman’s health when she is cans rights of conscience should not be pro- abortion services. faced with death, but provides no protection tected only if they accord with the views of the And if all this weren’t enough, H.R. 3 would for women who face serious health con- Members of Congress; they should be pro- once again tell the District of Columbia how to sequences from continuing a pregnancy. Con- tected regardless of what lawmakers’ personal spend its own money. It would codify policy in- gress should not be in the business of inter- beliefs are. cluded in the CR usurping the city council’s fering with a woman’s health, nor should we Instead of Bringing Up Bills to Create Jobs, authority to use locally raised revenue to pro- ever single out women who choose not to en- Republicans Are Pursuing An Extreme and Di- vide abortion care for its low-income residents, dure long-lasting health defects or diseases visive Agenda. Today, the House will consider an unfair restriction which Congress lifted in due to a pregnancy. H.R. 3, Restricting Women’s Access to Full 2009 and reimposed this year. H.R. 3 would impose a great burden on a Range of Health Care Services. Americans Why should the District of Columbia be con- women like Tamara, a mother of 3 who had want us to work together to create jobs and stantly used as a Petri dish for Republican been diagnosed with cervical cancer and move the country forward. This bill would do policy experiments. It just isn’t right. found out she was pregnant. She was faced exactly the opposite—move our country back- Abortion is a hard choice for any woman. It with the difficult choice of carrying the preg- wards in an attempt to re-litigate a divisive is a decision that should be made by her, her nancy to term and risking her own health or issue. family and her physician—without the federal terminating the pregnancy to receive treatment Mr. VAN HOLLEN. Madam Speaker, I rise government restricting access to services. for her cancer. in strong opposition to the so-called and sorely Let’s move on to legislation that will help H.R. 3 would impose a great burden on mislabeled ‘‘No Taxpayer Funding for Abortion grow our economy and get people back to women like Holly from my state of Texas, a Act.’’ work. mother of two who suffered from a serious ill- This bill is a hoax as Federal law currently I urge a ‘‘no’’ vote on H.R. 3 ness affecting her liver. Treatment for her liver prohibits the use of taxpayer money on abor- Ms. JACKSON LEE of Texas. Madam would pose a threat to her pregnancy. tion services. The legislation would effectively H.R. 3 goes to new lengths by effectively Speaker, today we have an opportunity to ex- prevent millions of American women from using the tax code to impede upon a woman’s amine H.R. 3, ‘‘the No Taxpayer Funding for using their own private money to purchase an right to choose and essentially penalize indi- Abortion Act,’’ a bill which is claimed to simply insurance plan that includes coverage of abor- viduals for even carrying health insurance that codify what is already law. However, H.R. 3 is tions—whether it is private insurance or an in- by far more restrictive than any current law, or covers abortions. It imposes an unprecedented penalty on surance plan in the Health Insurance Ex- interpretation thereof. anyone who spends their own money to pay changes. In addition, small businesses would My colleagues across the aisle claim that for abortion, or in many cases, those who use not be allowed to take advantage of tax cred- this bill is simply about limiting federal funding their own money for insurance that will cover its if it provided comprehensive health care for abortions. If that were truly the case, then abortion if needed. coverage to its employees. This is a dramatic there would be no purpose for H.R. 3, be- H.R. 3 will actually impose a tax increase on break with the current practice where most in- cause Federal funding has not been available many Americans—across all races, all class- surance plans provide for such coverage for for abortions since passage of the Hyde es, and all socioeconomic levels. It increases individuals who choose such plans. amendment in 1977. taxes on women, families, and businesses by A woman’s right to choose her own health The effect of H.R. 3 is, in fact, to so dras- denying them the normal tax exemptions and care is a fundamental one, and the Congress tically limit access to abortions that they will credits for health insurance if they choose a should not tell women how to manage their essentially become unavailable, even when policy that provides abortion coverage. This health or reproductive care. Sadly, the legisla- paid for with an individual’s own funds. In its unprecedented penalty is a radical restriction tion we’re considering today will do just that attempt to make abortions unavailable, H.R. 3 on a lawful and constitutionally protected med- and severely jeopardize women’s access to will have a detrimental impact on women’s ical procedure. It will result in a tax increase health care. health, and moreover, attacks a woman’s con- on anyone who uses their own money to pay Madam Speaker, I urge my colleagues to stitutionally protected right to choose. for abortion or, in many cases, insurance that reject this misguided bill because it would ef- Twice, first in the Judiciary Committee Mark- would cover abortion. fectively prohibit individuals from using their up and secondly when H.R. 3 was being con- Furthermore, the Bill puts the IRS into the own money to purchase insurance plans offer- sidered in the Rules Committee, I have at- middle of private and personal decisions by ing comprehensive health care coverage. In- tempted to offer to amendments to this bill that families. The result of this bill would also be stead, I urge the Republican majority to focus help to protect both the constitutionally pro- that the IRS would be required to use the on an agenda that will create jobs, help Amer- tected rights of women, and their health. In tools currently available as part of its tax en- ica’s middle class families, and move our both instances, my amendments were not ac- forcement duties, including the IRS’s ability to country forward. cepted by the Republican majority on the audit taxpayers, to determine whether tax ben- Mr. BOSWELL. Madam Speaker, I rise Rules Committee. efits had properly or improperly been claimed today to oppose this legislation and to focus My first amendment would have required with respect to expenses related to abortion on the importance of the health of the many the Attorney General to certify to Congress services. Family planning decisions, which are women in my district and across our nation. that H.R. 3 does not violate any constitu- amongst the most personal and private deci- I stand against H.R. 3, because I believe tionally protected right before allowing this bill sions many people face, are subject to scru- that a woman deserves the same respect as to take effect. The sponsor’s of this bill have tiny by the IRS for tax purposes. a man. She deserves this respect as an em- been perfectly clear that their goal with H.R. 3 H.R. 3 does not merely codify existing pro- ployee, a wife, a mother, a sister, simply just is to create so many barriers and obstacles to tections for so-called rights of conscience. for her humanity. And that respect must be abortion that it essentially becomes unavail- H.R. 3 rejects the even-handed approach real and must include important matters like able. The law is clear that while the govern- taken since 1973 in the Church Amendment, access to health care. ment may regulate, it cannot impose an undue which protects the religious or moral beliefs of During the 111th Congress, we made it ille- burden on a constitutionally protected right. those who provide, or refuse to provide, abor- gal for insurance companies to charge a The effect of H.R. 3 would be to impose such tion services. woman a higher premium just because she is

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A04MY7.027 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3037 female. We did this because to do anything school-based health center construc- Larsen (WA) Olver Serrano Larson (CT) Pallone Sewell tion, with Mrs. MYRICK (Acting Chair) else is blatant discrimination. Lee (CA) Pascrell Sherman Yet here we are today, with a bill that would in the chair. Levin Pastor (AZ) Shuler circumvent the very discrimination we stopped The Clerk read the title of the bill. Lewis (GA) Paulsen Sires and would direct the Internal Revenue Service Lipinski Payne Slaughter The Acting CHAIR. When the Com- Loebsack Pelosi to tax a woman based on her health needs, mittee of the Whole rose on Tuesday, Smith (WA) Lofgren, Zoe Perlmutter Speier just because her needs are different from that May 3, 2011, a request for a recorded Lowey Peters Stark ´ of a man. vote on amendment No. 2 printed in Lujan Pingree (ME) Sutton Lynch Polis Thompson (CA) Even worse, at this critical time in our econ- the CONGRESSIONAL RECORD, offered by Maloney Price (NC) Thompson (MS) omy, we are now going to tax any business the gentleman from New Jersey (Mr. Manzullo Quigley Tierney Markey Rahall that provides comprehensive health care to a PALLONE), had been postponed. Tonko Matheson Rangel woman. Towns ANNOUNCEMENT BY THE ACTING CHAIR Matsui Reyes Tsongas So, instead of fighting for the most critical McCarthy (NY) Richardson The Acting CHAIR. Pursuant to Upton need of our nation right now, job creation, clause 6 of rule XVIII, proceedings will McCollum Richmond McDermott Rothman (NJ) Van Hollen H.R. 3 picks a fight with a woman and her em- now resume on those amendments Vela´ zquez ployer. McGovern Roybal-Allard printed in the CONGRESSIONAL RECORD McIntyre Ruppersberger Visclosky Walden Why do any one of us seek to have health on which further proceedings were McKinley Rush insurance? We choose to have health insur- McNerney Ryan (OH) Walz (MN) postponed, in the following order: Waters ance in order to plan for the unforeseeable, Meeks Sa´ nchez, Linda Amendment No. 1 by Ms. JACKSON Michaud T. Watt the unknown, those emergencies that arise LEE of Texas. Miller (NC) Sanchez, Loretta Waxman and for which no one can plan. No one plans Miller, George Sarbanes Weiner Amendment No. 2 by Mr. PALLONE of to have cancer, but many Americans do. Moore Schakowsky Welch New Jersey. Wilson (FL) Health insurance is how each of us protects Moran Schiff The Chair will reduce to 5 minutes Murphy (CT) Schrader Woolsey ourselves against the unknown. the time for any electronic vote after Nadler Schwartz Wu This legislation says that a woman—with Napolitano Scott (VA) Yarmuth the first vote in this series. her own money—cannot have comprehensive Neal Scott, David Young (IN) health insurance without a penalty. It creates AMENDMENT NO. 1 OFFERED BY MS. JACKSON NOES—218 LEE OF TEXAS a new barrier to access to care, and puts in Adams Franks (AZ) McKeon place a system of discrimination, backed by The Acting CHAIR. The unfinished Aderholt Frelinghuysen McMorris statute in the United States Tax Code. business is the demand for a recorded Akin Gallegly Rodgers vote on the amendment offered by the Alexander Gardner Meehan For my colleagues who argue that this is to Altmire Garrett Mica reduce the rate of abortion services, it will not. gentlewoman from Texas (Ms. JACKSON Amash Gerlach Miller (FL) The facts show otherwise. LEE) on which further proceedings were Bachmann Gibbs Miller (MI) Access to family planning services is what postponed and on which the ayes pre- Bachus Gohmert Miller, Gary vailed by voice vote. Barletta Goodlatte Mulvaney reduces the need for abortion services. It is Bartlett Gosar Murphy (PA) family planning services that have proven to The Clerk will redesignate the Barton (TX) Gowdy Myrick cut the rate of abortion by more than 200,000 amendment. Benishek Granger Neugebauer The Clerk redesignated the amend- Berg Graves (GA) Noem per year and reduce unintended pregnancies Bishop (UT) Graves (MO) Nugent by more than 600,000 per year. ment. Black Griffin (AR) Nunes This bill was titled the ‘‘No Taxpayer Fund- RECORDED VOTE Blackburn Griffith (VA) Nunnelee ing for Abortion Act,’’ but it reads more like a Bonner Guinta Olson The Acting CHAIR. A recorded vote Bono Mack Guthrie Owens ‘‘Tax our Daughters Act.’’ has been demanded. Boren Hall Palazzo Stop this boldfaced attack on American A recorded vote was ordered. Boustany Harper Paul women. Let us instead provide them with jobs Brady (TX) Hartzler Pearce The vote was taken by electronic de- Brooks Hastings (WA) Pence and a fair paycheck. vice, and there were—ayes 207, noes 218, Broun (GA) Hayworth Peterson Vote against H.R. 3. Show the women of not voting 7, as follows: Buchanan Heck Petri Bucshon Hensarling Pitts your district, and your family, that you respect [Roll No. 287] them. Buerkle Herger Platts AYES—207 Burton (IN) Huelskamp Poe (TX) Ms. DEGETTE. I yield back the bal- Calvert Huizenga (MI) Pompeo Ackerman Conyers Green, Gene ance of my time. Camp Hultgren Posey Andrews Costello Grijalva Campbell Hunter Price (GA) The SPEAKER pro tempore (Mrs. Austria Courtney Grimm Canseco Hurt Quayle UMMIS Baca Critz Gutierrez L ). All time for debate has ex- Cantor Jenkins Reed Baldwin Crowley Hanabusa pired. Cardoza Johnson (OH) Rehberg Barrow Cuellar Hanna Carter Jones Reichert Pursuant to House Resolution 237, Bass (CA) Cummings Harris Cassidy Jordan Renacci the previous question is ordered on the Bass (NH) Davis (CA) Hastings (FL) Chabot Kelly Ribble Becerra Davis (IL) Heinrich bill, as amended. Chaffetz King (IA) Rigell Berkley DeFazio Heller Pursuant to clause 1(c) of rule XIX, Chandler King (NY) Rivera Berman DeGette Herrera Beutler Coble Kingston Roby further consideration of H.R. 3 is post- Biggert DeLauro Higgins Coffman (CO) Kinzinger (IL) Roe (TN) Bishop (GA) Dent Himes poned. Cole Labrador Rogers (AL) Bishop (NY) Deutch Hinchey f Conaway Lamborn Rogers (KY) Blumenauer Diaz-Balart Hinojosa Cooper Lance Rogers (MI) Boswell Dicks Hirono REPEALING MANDATORY FUNDING Costa Landry Rohrabacher Brady (PA) Dingell Holden FOR SCHOOL HEALTH CENTER Cravaack Lankford Rokita Braley (IA) Doggett Holt Crawford Latham Rooney CONSTRUCTION Brown (FL) Dold Honda Crenshaw LaTourette Ros-Lehtinen Burgess Donnelly (IN) Hoyer The SPEAKER pro tempore. Pursu- Culberson Latta Roskam Butterfield Doyle Inslee Davis (KY) Lewis (CA) Ross (AR) ant to House Resolution 236 and rule Capito Duffy Israel Denham LoBiondo Ross (FL) Capps Edwards Issa XVIII, the Chair declares the House in DesJarlais Long Royce Capuano Ellison Jackson (IL) the Committee of the Whole House on Dreier Lucas Runyan Carnahan Engel Jackson Lee Duncan (SC) Luetkemeyer Ryan (WI) the state of the Union for the further Carney Eshoo (TX) Duncan (TN) Lummis Scalise consideration of the bill, H.R. 1214. Carson (IN) Farr Johnson (GA) Ellmers Lungren, Daniel Schilling Castor (FL) Fattah Johnson (IL) Farenthold E. Schmidt b 1525 Chu Filner Johnson, E. B. Fincher Mack Schock Cicilline Fitzpatrick Kaptur IN THE COMMITTEE OF THE WHOLE Flake Marchant Schweikert Clarke (MI) Frank (MA) Keating Fleischmann Marino Scott (SC) Accordingly, the House resolved Clarke (NY) Fudge Kildee Fleming McCarthy (CA) Scott, Austin Clay Garamendi Kind itself into the Committee of the Whole Flores McCaul Sensenbrenner Cleaver Gibson Kissell House on the state of the Union for the Forbes McClintock Sessions Clyburn Gingrey (GA) Kline Fortenberry McCotter Shimkus further consideration of the bill (H.R. Cohen Gonzalez Kucinich Foxx McHenry Shuster 1214) to repeal mandatory funding for Connolly (VA) Green, Al Langevin

VerDate Mar 15 2010 04:36 May 05, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.031 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3038 CONGRESSIONAL RECORD — HOUSE May 4, 2011 Simpson Thompson (PA) Whitfield Cohen Johnson (GA) Polis Marchant Posey Sessions Smith (NE) Thornberry Wilson (SC) Connolly (VA) Johnson, E. B. Price (NC) Marino Price (GA) Shimkus Smith (NJ) Tiberi Wittman Conyers Kaptur Quigley McCarthy (CA) Quayle Shuler Smith (TX) Tipton Wolf Costello Keating Rahall McCaul Reed Shuster Southerland Turner Womack Courtney Kildee Rangel McClintock Rehberg Simpson Stearns Walberg Woodall Critz Kind Reyes McCotter Reichert Smith (NE) Stivers Walsh (IL) Yoder Cuellar Kinzinger (IL) Richardson McHenry Renacci Smith (NJ) Stutzman Webster Young (FL) Cummings Kissell Richmond McKeon Ribble Southerland Sullivan West Davis (CA) Kline Rigell McMorris Rivera Stearns Terry Westmoreland Davis (IL) Kucinich Ross (AR) Rodgers Roby Stivers Meehan Roe (TN) DeGette Lance Rothman (NJ) Stutzman NOT VOTING—7 Mica Rogers (AL) DeLauro Langevin Roybal-Allard Sullivan Denham Larsen (WA) Ruppersberger Miller (FL) Rogers (KY) Bilbray Giffords Wasserman Terry Dent Larson (CT) Rush Miller (MI) Rogers (MI) Bilirakis Johnson, Sam Schultz Thompson (PA) Emerson Young (AK) Deutch LaTourette Ryan (OH) Miller, Gary Rohrabacher Thornberry Diaz-Balart Lee (CA) Sa´ nchez, Linda Mulvaney Rokita Tiberi Dicks Levin T. Myrick Rooney b 1554 Dingell Lewis (GA) Sanchez, Loretta Neugebauer Ros-Lehtinen Tipton Turner Mr. PALAZZO, Ms. GRANGER, and Doggett Lipinski Sarbanes Noem Roskam Dold Loebsack Schakowsky Nugent Ross (FL) Walberg Messrs. DENHAM, MARINO and Donnelly (IN) Lofgren, Zoe Schiff Nunes Royce Walsh (IL) COSTA changed their vote from ‘‘aye’’ Doyle Lowey Schrader Olson Runyan Webster to ‘‘no.’’ Edwards Luja´ n Schwartz Owens Ryan (WI) West Westmoreland Ms. PINGREE of Maine, Mr. UPTON, Engel Lynch Scott (VA) Palazzo Scalise Eshoo Maloney Scott, David Pearce Schilling Wilson (SC) Ms. RICHARDSON, and Messrs. Farr Manzullo Serrano Pence Schmidt Wolf DOYLE, CRITZ, BISHOP of Georgia, Fattah Markey Sewell Peterson Schock Womack ISSA, SHULER and YOUNG of Indiana Filner Matheson Sherman Petri Schweikert Woodall Fitzpatrick Matsui Sires Pitts Scott (SC) Yoder changed their vote from ‘‘no’’ to ‘‘aye.’’ Frank (MA) McCarthy (NY) Slaughter Poe (TX) Scott, Austin Young (FL) So the amendment was rejected. Fudge McCollum Smith (TX) Pompeo Sensenbrenner Young (IN) Garamendi McDermott Smith (WA) The result of the vote was announced NOT VOTING—17 as above recorded. Gerlach McGovern Speier Gibson McIntyre Stark Akin Emerson Nunnelee MOMENT OF SILENCE IN REMEMBRANCE OF MEM- Gonzalez McKinley Sutton Bilbray Fincher Paul BERS OF ARMED FORCES AND THEIR FAMILIES Green, Al McNerney Thompson (CA) Bilirakis Frelinghuysen Towns Green, Gene Meeks Thompson (MS) The Acting CHAIR (Mr. KINZINGER of Crowley Giffords Wasserman Grijalva Michaud Tierney DeFazio Johnson, Sam Schultz Illinois). The Chair would ask all Gutierrez Miller (NC) Tonko Ellison Neal Young (AK) present to rise for the purpose of a mo- Hanabusa Miller, George Tsongas ment of silence. Hastings (FL) Moore Upton b 1603 Heinrich Moran Van Hollen So the amendment was rejected. The Chair asks that the Committee Heller Murphy (CT) Vela´ zquez now observe a moment of silence in re- Higgins Murphy (PA) Visclosky The result of the vote was announced membrance of our brave men and Himes Nadler Walden as above recorded. women in uniform who have given Hinchey Napolitano Walz (MN) Stated against: Hinojosa Olver Waters Mr. FINCHER. Madam Chair, on rollcall No. their lives in the service of our Nation Hirono Pallone Watt in Iraq and in Afghanistan and their Holden Pascrell Waxman 288, I was unavoidably detained. Had I been families, and of all who serve in our Holt Pastor (AZ) Weiner present, I would have voted ‘‘no.’’ Armed Forces and their families. Honda Paulsen Welch The Acting CHAIR. Under the rule, Hoyer Payne Whitfield the Committee rises. AMENDMENT NO. 2 OFFERED BY MR. PALLONE Inslee Pelosi Wilson (FL) Israel Perlmutter Wittman Accordingly, the Committee rose; The Acting CHAIR (Mrs. MYRICK). Jackson (IL) Peters Woolsey and the Speaker pro tempore (Ms. Without objection, 5-minute voting Jackson Lee Pingree (ME) Wu FOXX) having assumed the chair, Mrs. will continue. (TX) Platts Yarmuth MYRICK, Acting Chair of the Com- There was no objection. NOES—210 mittee of the Whole House on the State The Acting CHAIR. The unfinished of the Union, reported that that Com- Adams Cooper Hanna business is the demand for a recorded mittee, having had under consideration vote on the amendment offered by the Aderholt Costa Harper Alexander Cravaack Harris the bill (H.R. 1214) to repeal mandatory gentleman from New Jersey (Mr. Altmire Crawford Hartzler funding for school-based health center PALLONE) on which further proceedings Amash Crenshaw Hastings (WA) construction, and, pursuant to House were postponed and on which the ayes Austria Culberson Hayworth Bachmann Davis (KY) Heck Resolution 236, reported the bill back prevailed by voice vote. Bachus DesJarlais Hensarling to the House. The Clerk will redesignate the Barletta Dreier Herger The SPEAKER pro tempore. Under amendment. Bartlett Duffy Herrera Beutler Barton (TX) Duncan (SC) Huelskamp the rule, the previous question is or- The Clerk redesignated the amend- Benishek Duncan (TN) Huizenga (MI) dered. ment. Berg Ellmers Hultgren The question is on the engrossment RECORDED VOTE Bishop (UT) Farenthold Hunter Black Flake Hurt and third reading of the bill. The Acting CHAIR. A recorded vote Blackburn Fleischmann Issa The bill was ordered to be engrossed has been demanded. Bonner Fleming Jenkins and read a third time, and was read the A recorded vote was ordered. Bono Mack Flores Johnson (IL) third time. Boren Forbes Johnson (OH) The Acting CHAIR. This is a 5- Boustany Fortenberry Jones MOTION TO RECOMMIT minute vote. Brady (TX) Foxx Jordan Mrs. MCCARTHY of New York. The vote was taken by electronic de- Brooks Franks (AZ) Kelly Madam Speaker, I have a motion to re- vice, and there were—ayes 205, noes 210, Broun (GA) Gallegly King (IA) Buchanan Gardner King (NY) commit at the desk. not voting 17, as follows: Bucshon Garrett Kingston The SPEAKER pro tempore. Is the [Roll No. 288] Buerkle Gibbs Labrador gentlewoman opposed to the bill? Burton (IN) Gingrey (GA) Lamborn Mrs. MCCARTHY of New York. I am, AYES—205 Calvert Gohmert Landry Ackerman Bishop (NY) Carnahan Camp Goodlatte Lankford in its current form. Andrews Blumenauer Carney Campbell Gosar Latham Mr. BURGESS. Madam Speaker, I re- Baca Boswell Carson (IN) Canseco Gowdy Latta serve a point of order. Baldwin Brady (PA) Castor (FL) Cardoza Granger Lewis (CA) The SPEAKER pro tempore. A point Barrow Braley (IA) Chandler Carter Graves (GA) LoBiondo Bass (CA) Brown (FL) Chu Cassidy Graves (MO) Long of order is reserved. Bass (NH) Burgess Cicilline Chabot Griffin (AR) Lucas The Clerk will report the motion to Becerra Butterfield Clarke (MI) Chaffetz Griffith (VA) Luetkemeyer recommit. Berkley Cantor Clarke (NY) Coble Grimm Lummis The Clerk read as follows: Berman Capito Clay Coffman (CO) Guinta Lungren, Daniel Biggert Capps Cleaver Cole Guthrie E. Mrs. MCCARTHY of New York moves to re- Bishop (GA) Capuano Clyburn Conaway Hall Mack commit the bill H.R. 1214 to the Committee

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.025 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3039 on Energy and Commerce with instructions common denominator? Both measures keep our young people healthy and suc- to report the same to the House forthwith go against the most honorable Ameri- cessful in school, and they do it in a with the following amendment: cans: the elderly and the children. The way that saves our taxpayers money. It In section 1, add at the end the following: (c) PUBLICATION OF NAMES AND LOCATIONS Republican majority passed a reckless is just common sense to support OF APPLICANTS WHO WILL NOT RECEIVE budget before the recess, and they are school-based centers. Again, this GRANTS.—Not later than 30 days after the poised to pass this reckless piece of amendment will not kill the bill. This date of the enactment of this Act, the Sec- legislation today. motion to recommit is simply a final retary of Health and Human Services shall I offer this motion to recommit amendment to the bill that will pro- publish on the public Website of the Depart- today to highlight the terrible impacts vide transparency to the process. I urge ment of Health and Human Services the of the Republican approach in this leg- all Members to support this motion to names and locations of each school-based islation. This motion to recommit is recommit. health center or sponsoring facility that has an application for a grant under section simply, again, a final amendment and I yield back the balance of my time. 4101(a) of the Patient Protection and Afford- will not kill the bill. Mr. BURGESS. Madam Speaker, I able Care Act (42 U.S.C. 280h–4) pending at My motion to recommit requires the rise in opposition to the motion to re- the time of the repeal of such section 4101(a) names and locations of each school- commit. by this Act. based health center that has applied The SPEAKER pro tempore. Does the The SPEAKER pro tempore. Pursu- for a grant under the program that the gentleman continue to reserve his ant to the rule, the gentlewoman from Republican Party would end today be point of order? New York is recognized for 5 minutes posted on a publicly available Web site. Mr. BURGESS. I will withdraw my reservation. in support of her motion. b 1610 Mrs. MCCARTHY of New York. The SPEAKER pro tempore. The res- Madam Speaker, I rise today to offer a This way, we will be able to all see ervation is withdrawn. motion to recommit to this misguided very clearly the damage that this Re- The gentleman from Texas is recog- bill. publican proposal will cause. nized for 5 minutes. It is important to note that this mo- Like many of my colleagues, a Mr. BURGESS. It’s an interesting lit- tion is simply a final amendment to school-based health center in my dis- tle motion to recommit, described as the bill and will not kill the bill as the trict would be denied funding under being benign and not changing the majority may claim. this bill. One of my hospitals in my dis- overall nature of the underlying legis- School-based health centers are on trict, Winthrop University Hospital, lation. So benign is the motion to re- the front lines of preventative care, has been partnering with Hempstead commit that it descends into the realm and preventative care saves lives and High School to run a school-based of being superfluous and unnecessary. saves money, and school-based centers health center. This school-based health It is a motion to recommit to publish are on the front lines of preventative center has 1,500 students enrolled and the names and locations of applicants care. has 6,000 visits from students each who will not receive grants. As a nurse for over 30 years, I know year. Now, look, just from this, we won’t that prevention can keep people out of Winthrop University’s partnership know if those grants that were not ap- the emergency rooms that taxpayers operates in one of my most under- proved were just simply poorly drafted. help fund, and it keeps them from served communities. About 50 percent We already have a health care law that needing expensive procedures and of students who use this school-based was poorly drafted, so we know it is medicines that drive up insurance health center are uninsured. Let me within the realm of someone working costs. say that again: Nearly half of all stu- in the Federal Government to poorly Patients seen at school-based cen- dents who use this health center are draft an application for a school-based ters, for example, cost Medicaid an av- uninsured. Hempstead High School is clinic. erage of $30 less than comparable non- the only access to medical care that Washington’s addiction to spending school-based health center patients. they have. The grant that this center has become crystal clear to the Amer- School-based health centers play an applied for will help them serve this ican people, and the passage of this important role in treating sports con- population who has nowhere else to massive health care law by President cussions and halting the spread of in- turn. I am going to stand with those Obama last year is exhibit A. Of the fectious diseases like the flu. students and their families and protect thousands of problems in the Patient School-based centers also have a the Winthrop-Hempstead High School Protection and Affordable Care Act, positive effect on our educational sys- health center. I hope that other Mem- the underlying bill, H.R. 1214, addresses tem. They have been shown to increase bers will choose to stand with their but one of them and a very small one academic performance and reduce ab- constituents as well. at that. The Patient Protection and Af- senteeism. For example, a recent study Should this bill become law, those fordable Care Act provides $200 million found that students who use high Members who voted for this bill will in mandatory funding for the construc- school health centers had a 50 percent have to answer to their communities tion of school-based health centers. reduction in absenteeism and 25 per- who would have a vital link to health The bill eliminates this funding as our cent reduction in lateness. Many stu- care cut off. I should also note some Nation faces a mounting deficit and dents also increased their grade point misinformation that’s being spread by debt crisis. averages over time compared to stu- the supporters of H.R. 1214. They claim Funding for school-based health cen- dents who did not use school-based that these grants aren’t needed because ter construction may be a good idea. health centers. they are readily available in other Maybe it’s not a good idea. Maybe we Finally, the sad fact is sometimes sources, but that’s not true. The evi- should have that debate, which we these centers are a student’s only dence is that SBHC construction and didn’t in the run-up to the passage of source of health care. So, we are faced renovation needs have not been met this bill. But the 111th Congress, the today with legislation that attacks the through other funding. My colleagues last Congress, did not think about it preventative health care work done by across the aisle also claim that con- before they threw literally $200 million our school-based health centers. H.R. struction funds would be provided to at the program. 1214 is an upsetting piece of legislation, centers that aren’t sustainable. That’s And, Madam Speaker, I would just but that’s not surprising at all. After also not true. Guidelines have been de- point out, out of all of the so-called all, this bill is coming from the same veloped by the Health Resources and ‘‘cut’’ bills that are to remove the ad- conference that just voted to end Medi- Services Administration to ensure that vanced appropriations in the Patient care as we know it. no construction funds will be provided Protection and Affordable Care Act, Both the Republican budget and this to any school-based health center that out of all of those bills that remove ad- legislation today are penny-wise and cannot document that they are sus- vanced appropriations, it is this small pound-foolish approaches that cut pre- tainable now and into the future. little bill that has not drawn a veto ventative care for those Americans As I said, ladies and gentlemen, threat from the White House. Madam who need it the most. And the worst school-based health centers work. They Speaker, that leads me to believe that

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.033 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3040 CONGRESSIONAL RECORD — HOUSE May 4, 2011 the President himself was embarrassed Jackson Lee Miller, George Schakowsky Ryan (WI) Smith (TX) Walsh (IL) (TX) Moore Schiff Scalise Southerland Webster about the language that was included Johnson (GA) Moran Schrader Schilling Stearns West in the bill on this point; and the White Johnson, E. B. Murphy (CT) Schwartz Schmidt Stivers Westmoreland House, now recognizing that, is not Kaptur Nadler Scott (VA) Schock Stutzman Whitfield about to go out on a limb and issue a Keating Napolitano Scott, David Schweikert Sullivan Wilson (SC) Kildee Neal Serrano Scott, Austin Terry Wittman veto threat against this bill. Kind Olver Sewell Sensenbrenner Thompson (PA) Wolf The motion to recommit, brought Kissell Owens Sherman Shimkus Thornberry Womack forward by the other side, shows they Kucinich Pallone Sires Shuler Tiberi Woodall Langevin Pascrell Slaughter Shuster Tipton Yoder simply do not realize that we have a Larsen (WA) Pastor (AZ) Smith (WA) Simpson Turner Young (AK) spending problem in Washington, D.C. Larson (CT) Payne Speier Smith (NE) Upton Young (FL) Congress should examine if there is a Lee (CA) Pelosi Stark Smith (NJ) Walberg Young (IN) need for a program, and through reg- Levin Perlmutter Sutton Lewis (GA) Peters Thompson (CA) NOT VOTING—22 ular order, rather than rushing to au- Lipinski Pingree (ME) Thompson (MS) Bilbray Hensarling Price (GA) thorize or appropriate dollars in a feel- Loebsack Polis Tierney Bilirakis Herrera Beutler Roskam good piece of legislation. We hear Lofgren, Zoe Price (NC) Tonko Brady (TX) Johnson, Sam Ross (FL) about standing with the American fam- Lowey Quigley Towns Cantor McCarthy (CA) Scott (SC) Luja´ n Rahall Tsongas Clyburn McMorris Sessions ilies. How about standing with those Lynch Rangel Van Hollen Dreier Rodgers Walden American families that actually pay Maloney Reyes Vela´ zquez Emerson Noem Wasserman taxes to the Federal Government for a Markey Richardson Visclosky Giffords Peterson Schultz Matsui Richmond Walz (MN) change? McCarthy (NY) Rothman (NJ) Waters I urge my colleagues to vote ‘‘no’’ on McCollum Roybal-Allard Watt b 1634 the motion to recommit, ‘‘yes’’ on the McDermott Ruppersberger Waxman Ms. SPEIER changed her vote from McGovern Rush Weiner underlying bill. Let’s get our fiscal McIntyre Ryan (OH) Welch ‘‘no’’ to ‘‘aye.’’ house back in order. McNerney Sa´ nchez, Linda Wilson (FL) So the motion to recommit was re- Mr. BURGESS. I yield back the bal- Meeks T. Woolsey jected. ance of my time. Michaud Sanchez, Loretta Wu Miller (NC) Sarbanes Yarmuth The result of the vote was announced ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE as above recorded. The SPEAKER pro tempore. The NOES—230 Stated against: Chair would ask all Members to avoid Adams Flake Lewis (CA) Mr. ROSS of Florida. Madam Speaker, on trafficking the well while another Aderholt Fleischmann LoBiondo rollcall No. 289, I was unavoidably detained. Akin Fleming Long Had I been present, I would have voted ‘‘no.’’ Member is under recognition. Alexander Flores Lucas Without objection, the previous ques- Altmire Forbes Luetkemeyer Mr. BRADY of Texas. Madam Speaker, on tion is ordered on the motion to recom- Amash Fortenberry Lummis rollcall, No. 289, I inadvertently was detained. Austria Foxx Lungren, Daniel Had I been present, I would have voted ‘‘no.’’ mit. Bachmann Franks (AZ) E. There was no objection. Bachus Frelinghuysen Mack Mr. WALDEN. Madam Speaker, on rollcall The SPEAKER pro tempore. The Barletta Gallegly Manzullo No. 289, I was detained in a bicameral leader- question is on the motion to recommit. Bartlett Gardner Marchant ship meeting with the Speaker. Had I been Barton (TX) Garrett Marino present, I would have voted ‘‘no.’’ The question was taken; and the Bass (NH) Gerlach Matheson Speaker pro tempore announced that Benishek Gibbs McCaul The SPEAKER pro tempore. The the noes appeared to have it. Berg Gibson McClintock question is on the passage of the bill. Biggert Gingrey (GA) McCotter The question was taken; and the RECORDED VOTE Bishop (UT) Gohmert McHenry Black Goodlatte McKeon Speaker pro tempore announced that Mrs. MCCARTHY of New York. the ayes appeared to have it. Madam Speaker, I demand a recorded Blackburn Gosar McKinley Bonner Gowdy Meehan RECORDED VOTE vote. Bono Mack Granger Mica A recorded vote was ordered. Boren Graves (GA) Miller (FL) Mr. WAXMAN. Madam Speaker, I de- Boustany Graves (MO) Miller (MI) mand a recorded vote. The SPEAKER pro tempore. Pursu- Brooks Griffin (AR) Miller, Gary A recorded vote was ordered. ant to clause 9 of rule XX, the Chair Broun (GA) Griffith (VA) Mulvaney The SPEAKER pro tempore. This is a will reduce to 5 minutes the minimum Buchanan Grimm Murphy (PA) 5-minute vote. time for any electronic vote on the Bucshon Guinta Myrick Buerkle Guthrie Neugebauer The vote was taken by electronic de- question of passage. Burgess Hall Nugent vice, and there were—ayes 235, noes 191, The vote was taken by electronic de- Burton (IN) Hanna Nunes not voting 6, as follows: vice, and there were—ayes 180, noes 230, Calvert Harper Nunnelee Camp Harris Olson [Roll No. 290] not voting 22, as follows: Campbell Hartzler Palazzo AYES—235 [Roll No. 289] Canseco Hastings (WA) Paul Capito Hayworth Paulsen Adams Burgess Duncan (TN) AYES—180 Cardoza Heck Pearce Aderholt Burton (IN) Ellmers Ackerman Clay Farr Carter Heller Pence Akin Calvert Farenthold Andrews Cleaver Fattah Cassidy Herger Petri Alexander Camp Fincher Baca Cohen Filner Chabot Huelskamp Pitts Altmire Campbell Fitzpatrick Baldwin Connolly (VA) Frank (MA) Chaffetz Huizenga (MI) Platts Amash Canseco Flake Barrow Conyers Fudge Chandler Hultgren Poe (TX) Austria Cantor Fleischmann Bass (CA) Cooper Garamendi Coble Hunter Pompeo Bachmann Capito Fleming Becerra Costello Gonzalez Coffman (CO) Hurt Posey Bachus Carter Flores Berkley Courtney Green, Al Cole Issa Quayle Barletta Cassidy Forbes Berman Critz Green, Gene Conaway Jenkins Reed Bartlett Chabot Fortenberry Bishop (GA) Crowley Grijalva Costa Johnson (IL) Rehberg Barton (TX) Chaffetz Foxx Bishop (NY) Cuellar Cravaack Bass (NH) Coble Gutierrez Johnson (OH) Reichert Franks (AZ) Blumenauer Cummings Crawford Jones Renacci Benishek Coffman (CO) Frelinghuysen Hanabusa Boswell Davis (CA) Crenshaw Jordan Ribble Berg Cole Gallegly Hastings (FL) Brady (PA) Davis (IL) Culberson Kelly Rigell Biggert Conaway Gardner Heinrich Braley (IA) DeFazio Davis (KY) King (IA) Rivera Bishop (UT) Cravaack Garrett Brown (FL) DeGette Higgins Denham King (NY) Roby Black Crawford Gerlach Butterfield DeLauro Himes Dent Kingston Roe (TN) Blackburn Crenshaw Gibbs Capps Deutch Hinchey DesJarlais Kinzinger (IL) Rogers (AL) Bonner Culberson Gibson Capuano Dicks Hinojosa Diaz-Balart Kline Rogers (KY) Bono Mack Davis (KY) Gingrey (GA) Carnahan Dingell Hirono Dold Labrador Rogers (MI) Boren Denham Gohmert Carney Doggett Holden Duffy Lamborn Rohrabacher Boustany Dent Goodlatte Carson (IN) Donnelly (IN) Holt Duncan (SC) Lance Rokita Brady (TX) DesJarlais Gosar Castor (FL) Doyle Honda Duncan (TN) Landry Rooney Brooks Diaz-Balart Gowdy Chu Edwards Hoyer Ellmers Lankford Ros-Lehtinen Broun (GA) Dold Granger Cicilline Ellison Inslee Farenthold Latham Ross (AR) Buchanan Dreier Graves (GA) Clarke (MI) Engel Israel Fincher LaTourette Royce Bucshon Duffy Graves (MO) Clarke (NY) Eshoo Jackson (IL) Fitzpatrick Latta Runyan Buerkle Duncan (SC) Griffin (AR)

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.079 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3041 Griffith (VA) McCarthy (CA) Rokita Quigley Schrader Towns Ms. SPEIER. Madam Speaker, at the Grimm McCaul Rooney Rahall Schwartz Tsongas outset, let me say the following: Guinta McClintock Ros-Lehtinen Rangel Scott (VA) Van Hollen Guthrie McCotter Roskam Reyes Scott, David Vela´ zquez As a member of the Democratic Cau- Hall McHenry Ross (FL) Richardson Serrano Visclosky cus, there have been times in the past Hanna McIntyre Royce Richmond Sewell Walz (MN) when I have supported Republican mo- Harper McKeon Runyan Ross (AR) Sherman Waters tions to recommit. I have done it a Harris McKinley Ryan (WI) Rothman (NJ) Shuler Watt Roybal-Allard Sires number of times, I confess. I am speak- Hartzler McMorris Scalise Waxman Hastings (WA) Rodgers Schilling Ruppersberger Slaughter Weiner ing to my Republican colleagues this Hayworth Meehan Schmidt Rush Smith (WA) Welch afternoon, seeking to ask you to do the Heller Mica Schock Ryan (OH) Speier Hensarling Miller (FL) Schweikert Sa´ nchez, Linda Stark West same, because this particular motion is Herger Miller (MI) Scott (SC) T. Sutton Wilson (FL) very simple, very clear. It will not pre- Herrera Beutler Miller, Gary Scott, Austin Sanchez, Loretta Thompson (CA) Woolsey vent the passage of the underlying bill. Huelskamp Mulvaney Sensenbrenner Sarbanes Thompson (MS) Wu Huizenga (MI) Murphy (PA) Sessions Schakowsky Tierney Yarmuth If it is adopted, it will be incorporated Hultgren Myrick Shimkus Schiff Tonko in the bill, and the bill will be imme- Hunter Neugebauer Shuster NOT VOTING—6 diately voted upon. Hurt Noem Simpson So what does it do? Issa Nugent Smith (NE) Bilbray Giffords Wasserman Jenkins Nunes Smith (NJ) Bilirakis Johnson, Sam Schultz It is about what every one of us cares Johnson (IL) Nunnelee Smith (TX) Emerson about, and that is privacy. Americans Johnson (OH) Olson Southerland believe in privacy. Justice Brandeis b 1641 Jones Palazzo Stearns once said in a court opinion, ‘‘Every Jordan Paul Stivers So the bill was passed. King (IA) Paulsen Stutzman American has the right to be left King (NY) Pearce Sullivan The result of the vote was announced alone.’’ This is something we can all Kingston Pence Terry as above recorded. agree on. Kinzinger (IL) Petri Thompson (PA) A motion to reconsider was laid on My motion would simply prohibit Kline Pitts Thornberry the table. Labrador Platts Tiberi Federal agents from accessing a wom- Lamborn Poe (TX) Tipton f an’s health or other medical records Lance Pompeo Turner because she was a victim of rape or in- Landry Posey Upton NO TAXPAYER FUNDING FOR Lankford Price (GA) Walberg ABORTION ACT cest. Now, that’s pretty simple. If you’re a victim of rape or incest, no Latham Quayle Walden The SPEAKER pro tempore. Pursu- Latta Reed Walsh (IL) Federal agency or agent will be able to ant to clause 1(c) of rule XIX, consider- Lewis (CA) Rehberg Webster access your medical records in order to LoBiondo Reichert Westmoreland ation of the bill (H.R. 3) to prohibit prove that you, in fact, were raped or Long Renacci Whitfield taxpayer funded abortions and to pro- Lucas Ribble Wilson (SC) were a victim of incest. vide for conscience protections, and for Luetkemeyer Rigell Wittman Both the Hyde Amendment and this Lummis Rivera Wolf other purposes, will now resume. legislation specifically create excep- Lungren, Daniel Roby Womack The Clerk read the title of the bill. E. Roe (TN) Woodall The SPEAKER pro tempore. The tions for victims of these crimes. The Mack Rogers (AL) Yoder question is on the engrossment and underlying bill would create an excep- Manzullo Rogers (KY) Young (AK) tion to the exception. It actually re- Marchant Rogers (MI) Young (FL) third reading of the bill. Marino Rohrabacher Young (IN) The bill was ordered to be engrossed victimizes the victims of rape and in- and read a third time, and was read the cest by requiring them to relive their NOES—191 third time. horror. Rape kits could be examined. Ackerman DeLauro Kissell Confidential medical records could be MOTION TO RECOMMIT Andrews Deutch Kucinich Ms. SPEIER. Madam Speaker, I have breached. Baca Dicks Langevin How can we possibly ask a woman Baldwin Dingell Larsen (WA) a motion to recommit at the desk. Barrow Doggett Larson (CT) The SPEAKER pro tempore. Is the who has suffered an horrific crime to Bass (CA) Donnelly (IN) LaTourette now face scrutiny by an IRS audit? Becerra Doyle Lee (CA) gentlewoman opposed to the bill? Ms. SPEIER. I am opposed to the Think about it. Is that what we want? Berkley Edwards Levin Do we want women who have been vic- Berman Ellison Lewis (GA) bill. Bishop (GA) Engel Lipinski The SPEAKER pro tempore. The tims of rape and incest to have IRS Bishop (NY) Eshoo Loebsack Clerk will report the motion to recom- agents knocking on their doors to de- Blumenauer Farr Lofgren, Zoe termine whether or not they really Boswell Fattah Lowey mit. Brady (PA) Filner Luja´ n The Clerk read as follows: have been raped or have been victims Braley (IA) Frank (MA) Lynch Ms. Speier moves to recommit the bill H.R. of incest? We should be treating these Brown (FL) Fudge Maloney victims like victims and not like Butterfield Garamendi Markey 3 to the Committee on the Judiciary with in- Capps Gonzalez Matheson structions to report the same back to the criminals. Medical privacy is a long- Capuano Green, Al Matsui House forthwith, with the following amend- standing and protected right for every Cardoza Green, Gene McCarthy (NY) ments. American. Why should the right be for- Carnahan Grijalva McCollum Page 8, after the matter following line 5, feited because you are a victim of rape Carney Gutierrez McDermott insert the following: Carson (IN) Hanabusa McGovern or incest? SEC. 103. PROTECTION OF PRIVATE MEDICAL Castor (FL) Hastings (FL) McNerney Let me say it one more time: Passage RECORDS OF VICTIMS OF RAPE AND Chandler Heck Meeks INCEST. of this motion will not prevent passage Chu Heinrich Michaud of the bill. If it is adopted, it will be in- Cicilline Higgins Miller (NC) Nothing in this title or the amendments Clarke (MI) Himes Miller, George made by this title shall be construed to per- corporated in the bill, and the bill will Clarke (NY) Hinchey Moore mit the Federal Government to gain access be taken up immediately. Clay Hinojosa Moran to the private medical records of the victims Madam Speaker, last month, I re- Cleaver Hirono Murphy (CT) of rape and incest. Clyburn Holden Nadler ceived a call from a woman who was On the first page, in the matter following raped while serving in the United Cohen Holt Napolitano line 5, insert after the item relating to sec- Connolly (VA) Honda Neal tion 102 the following: States Navy. Sometimes we get Conyers Hoyer Olver wrapped up in the words and forget Cooper Inslee Owens Sec. 103. Protection of private medical Costa Israel Pallone records of victims of rape and about the real lives we’re talking Costello Jackson (IL) Pascrell incest. about. This member of the Navy was Courtney Jackson Lee Pastor (AZ) Mr. FRANKS of Arizona. Madam raped, beaten savagely and left for dead Critz (TX) Payne Crowley Johnson (GA) Pelosi Speaker, I reserve a point of order. in her quarters. She was later informed Cuellar Johnson, E. B. Perlmutter The SPEAKER pro tempore. A point that she was pregnant, and opted to Cummings Kaptur Peters of order is reserved. have an abortion. Does anyone here be- Davis (CA) Keating Peterson Pursuant to the rule, the gentle- lieve that this woman who volunteered Davis (IL) Kelly Pingree (ME) DeFazio Kildee Polis woman from California is recognized to serve our country should be subject DeGette Kind Price (NC) for 5 minutes in support of her motion. to an audit by the IRS? This particular

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.037 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3042 CONGRESSIONAL RECORD — HOUSE May 4, 2011 Navy serviceperson has since been di- more than require that abortion fund- Hastings (FL) McCarthy (NY) Sa´ nchez, Linda Heinrich McCollum T. agnosed with Post-Traumatic Stress ing remain in the private sphere and Higgins McDermott Sanchez, Loretta Disorder, and has attempted suicide outside the reach of government’s coer- Himes McGovern Sarbanes more than once. cive power. Hinchey McIntyre Schakowsky This is a real-life story of an Amer- The bill is a very simple piece of leg- Hinojosa McNerney Schiff Hirono Meeks Schrader ican in uniform, fighting for our free- islation without the complexity that it Holden Michaud Schwartz dom. We should not use the Tax Code has been reputed to have. I would en- Holt Miller (NC) Scott (VA) to force women like her to relive their courage all Americans to take a look Honda Miller, George Scott, David ordeals to an IRS agent. Privacy is a at the underlying legislation so that Hoyer Moore Serrano Inslee Moran Sewell fundamental right, and this motion you can see for yourself that this bill Israel Murphy (CT) Sherman would ensure that the most vulnerable has no need of this motion to recom- Jackson (IL) Nadler Shuler in our society have access to it. The mit. Jackson Lee Napolitano Sires (TX) Neal Slaughter underlying bill would potentially un- Unlike the ObamaCare bill, this piece Johnson (GA) Olver Smith (WA) leash IRS audits on rape victims—and of simple legislation is only a few Johnson, E. B. Owens Speier that, my friends, is a disgrace. pages long and is easily understand- Jones Pallone Stark Let me be clear one more time: Pas- Kaptur Pascrell Sutton able. The new majority writes its bills Keating Pastor (AZ) Thompson (CA) sage of this motion will not prevent this way on purpose so that Members Kildee Payne Thompson (MS) passage of the underlying bill. and the American people can be con- Kind Pelosi Tierney So, though we may disagree on the fident that this body is in fact carrying Kissell Perlmutter Tonko Kucinich Peters Towns bill and on the issue of abortion rights out the will of the people. That is ex- Langevin Peterson Tsongas in general, today we have the oppor- actly what this bill does, Madam Larsen (WA) Pingree (ME) Van Hollen tunity to speak with one voice to pro- Speaker, and I urge my colleagues to Larson (CT) Polis Vela´ zquez tect the privacy of victims of rape and Lee (CA) Price (NC) Visclosky oppose this motion to recommit. Levin Quigley Walz (MN) incest. It is really up to us. I urge ev- Mr. CAMP. Will the gentleman yield? Lewis (GA) Rahall Wasserman eryone to vote ‘‘yes’’ on this motion to Mr. FRANKS of Arizona. I yield to Lipinski Rangel Schultz recommit. the gentleman from Michigan. Loebsack Reyes Waters Lofgren, Zoe Richardson Watt I yield back the balance of my time. Mr. CAMP. I just want to instruct Lowey Richmond Waxman b 1650 the House, on this motion to recommit, Luja´ n Ross (AR) Weiner it only affects title I of the bill. All of Lynch Rothman (NJ) Welch Mr. FRANKS of Arizona. Madam Maloney Roybal-Allard Wilson (FL) the tax provisions are in title II of the Markey Ruppersberger Woolsey Speaker, I withdraw my reservation, bill. So this does not affect any of the and I rise in opposition to the motion Matheson Rush Wu tax provisions in the legislation. Matsui Ryan (OH) Yarmuth to recommit. Mr. FRANKS of Arizona. Madam The SPEAKER pro tempore. The gen- Speaker, what he said. NOES—235 tleman is recognized for 5 minutes. I yield back the balance of my time. Adams Duncan (TN) King (IA) Mr. FRANKS of Arizona. Madam Aderholt Ellmers King (NY) The SPEAKER pro tempore. Without Speaker, I rise in opposition to this Akin Farenthold Kingston objection, the previous question is or- Alexander Fincher Kinzinger (IL) motion to recommit. The amendment dered on the motion to recommit. Amash Fitzpatrick Kline supposes that the bill does something There was no objection. Austria Flake Labrador that it doesn’t do. Nothing in this bill Bachmann Fleischmann Lamborn The SPEAKER pro tempore. The allows the IRS any greater access to Bachus Fleming Lance question is on the motion to recommit. Barletta Flores Landry health information than they have ever The question was taken; and the Bartlett Forbes Lankford had. HIPAA is still in place. This is Barton (TX) Fortenberry Latham Speaker pro tempore announced that simply an amendment looking for a Bass (NH) Foxx LaTourette the noes appeared to have it. Benishek Franks (AZ) Latta problem that isn’t there. Berg Frelinghuysen Lewis (CA) RECORDED VOTE Madam Speaker, well over a dozen Biggert Gallegly LoBiondo weakening amendments to this bill Ms. SPEIER. Madam Speaker, I de- Bishop (UT) Gardner Long were offered at the Judiciary Com- mand a recorded vote. Black Garrett Lucas A recorded vote was ordered. Blackburn Gerlach Luetkemeyer mittee and the committee carefully Bonner Gibbs Lummis considered and, frankly, dismissed The SPEAKER pro tempore. Pursu- Bono Mack Gibson Lungren, Daniel most of those amendments. Likewise, ant to clause 9 of rule XX, the Chair Boustany Gingrey (GA) E. will reduce to 5 minutes the minimum Brady (TX) Gohmert Mack opponents had a second opportunity to Brooks Goodlatte Manzullo challenge the bill in the Ways and time for any electronic vote on the Broun (GA) Gosar Marchant Means Committee, and the product is question of passage. Buchanan Gowdy Marino the bill before us. The vote was taken by electronic de- Bucshon Granger McCarthy (CA) vice, and there were—ayes 192, noes 235, Buerkle Graves (GA) McCaul I have heard so much incorrect infor- Burgess Graves (MO) McClintock mation about the bill, Madam Speaker. not voting 5, as follows: Burton (IN) Griffin (AR) McCotter I would like to say to you that when [Roll No. 291] Calvert Griffith (VA) McHenry Camp Grimm McKeon the gentlelady speaks of the most vul- AYES—192 Campbell Guinta McKinley nerable among us, I would simply say Ackerman Carson (IN) DeGette Canseco Guthrie McMorris that before the sun sets today in Amer- Altmire Castor (FL) DeLauro Cantor Hall Rodgers ica, 4,000 unborn children will die of Andrews Chandler Deutch Capito Hanna Meehan Baca Chu Dicks Carter Harper Mica abortion on demand, and in every case Baldwin Cicilline Dingell Cassidy Harris Miller (FL) a nameless little baby will die a tragic Barrow Clarke (MI) Doggett Chabot Hartzler Miller (MI) and lonely death, a mother will never Bass (CA) Clarke (NY) Donnelly (IN) Chaffetz Hastings (WA) Miller, Gary Becerra Clay Doyle Coble Hayworth Mulvaney be quite the same, and all the gifts Berkley Cleaver Edwards Coffman (CO) Heck Murphy (PA) that child might have brought to hu- Berman Clyburn Ellison Cole Heller Myrick manity will be lost forever. Bishop (GA) Cohen Engel Conaway Hensarling Neugebauer I would like to tell you that this bill Bishop (NY) Connolly (VA) Eshoo Cravaack Herger Noem Blumenauer Conyers Farr Crawford Herrera Beutler Nugent does something to prevent that same Boren Cooper Fattah Crenshaw Huelskamp Nunes thing from happening tomorrow, but it Boswell Costa Filner Culberson Huizenga (MI) Nunnelee doesn’t. Madam Speaker, this bill sim- Brady (PA) Costello Frank (MA) Davis (KY) Hultgren Olson Braley (IA) Courtney Fudge Denham Hunter Palazzo ply says that taxpayers in the future Brown (FL) Critz Garamendi Dent Hurt Paul will no longer have to pay for or worry Butterfield Crowley Gonzalez DesJarlais Issa Paulsen about their taxpayer dollars being used Capps Cuellar Green, Al Diaz-Balart Jenkins Pearce for that purpose. And whatever red her- Capuano Cummings Green, Gene Dold Johnson (IL) Pence Cardoza Davis (CA) Grijalva Dreier Johnson (OH) Petri rings we may have heard from the op- Carnahan Davis (IL) Gutierrez Duffy Jordan Pitts ponents today, this bill does nothing Carney DeFazio Hanabusa Duncan (SC) Kelly Platts

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.085 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3043 Poe (TX) Royce Terry Jenkins Miller (FL) Ryan (WI) Sherman Tonko Watt Pompeo Runyan Thompson (PA) Johnson (IL) Miller (MI) Scalise Sires Towns Waxman Posey Ryan (WI) Thornberry Johnson (OH) Miller, Gary Schilling Slaughter Tsongas Weiner Price (GA) Scalise Tiberi Jones Mulvaney Schmidt Smith (WA) Van Hollen Welch Quayle Schilling Tipton Jordan Murphy (PA) Schock Speier Vela´ zquez Wilson (FL) Reed Schmidt Turner Kaptur Myrick Schweikert Stark Visclosky Woolsey Rehberg Schock Upton Kelly Neugebauer Scott (SC) Sutton Walz (MN) Wu Reichert Schweikert Walberg Kildee Noem Scott, Austin Thompson (CA) Wasserman Yarmuth Renacci Scott (SC) Walden Thompson (MS) Schultz King (IA) Nugent Sensenbrenner Ribble Scott, Austin Walsh (IL) King (NY) Nunes Tierney Waters Sessions Rigell Sensenbrenner Webster Kingston Nunnelee Shimkus Rivera Sessions West Kinzinger (IL) Olson NOT VOTING—6 Shuler Roby Shimkus Westmoreland Kline Palazzo Bilbray Emerson Johnson, Sam Shuster Roe (TN) Shuster Whitfield Labrador Paul Bilirakis Giffords Petri Rogers (AL) Simpson Wilson (SC) Lamborn Paulsen Simpson Rogers (KY) Smith (NE) Wittman Lance Pearce Smith (NE) b 1720 Rogers (MI) Smith (NJ) Wolf Landry Pence Smith (NJ) Rohrabacher Smith (TX) Womack Lankford Peterson Smith (TX) So the bill was passed. Rokita Southerland Woodall Latham Pitts Southerland The result of the vote was announced Rooney Stearns Yoder LaTourette Platts Stearns as above recorded. Ros-Lehtinen Stivers Young (AK) Latta Poe (TX) Stivers Roskam Stutzman Young (FL) Lewis (CA) Pompeo Stutzman A motion to reconsider was laid on Ross (FL) Sullivan Young (IN) Lipinski Posey Sullivan the table. LoBiondo Price (GA) Terry NOT VOTING—5 Long Quayle Thompson (PA) f Bilbray Emerson Johnson, Sam Lucas Rahall Thornberry HOUR OF MEETING ON TOMORROW Bilirakis Giffords Luetkemeyer Reed Tiberi Lummis Rehberg Tipton Mr. WESTMORELAND. Madam b 1713 Lungren, Daniel Reichert Turner Speaker, I ask unanimous consent that E. Renacci Upton Messrs. PAUL and PLATTS changed Mack Ribble Walberg when the House adjourns today, it ad- their vote from ‘‘aye’’ to ‘‘no.’’ Manzullo Rigell Walden journ to meet at 9 a.m. tomorrow. Marchant Rivera Walsh (IL) The SPEAKER pro tempore (Mrs. Ms. SEWELL and Mr. JONES Marino Roby Webster changed their vote from ‘‘no’’ to ‘‘aye.’’ Matheson Roe (TN) MYRICK). Is there objection to the re- West McCarthy (CA) Rogers (AL) quest of the gentleman from Georgia? So the motion to recommit was re- Westmoreland jected. McCaul Rogers (KY) There was no objection. McClintock Rogers (MI) Whitfield The result of the vote was announced McCotter Rohrabacher Wilson (SC) f as above recorded. McHenry Rokita Wittman The SPEAKER pro tempore. The McIntyre Rooney Wolf SOUTHERN STORMS McKeon Ros-Lehtinen Womack question is on the passage of the bill. McKinley Roskam Woodall (Mr. ROE of Tennessee asked and was The question was taken; and the McMorris Ross (AR) Yoder given permission to address the House Speaker pro tempore announced that Rodgers Ross (FL) Young (AK) for 1 minute and to revise and extend the ayes appeared to have it. Meehan Royce Young (FL) Mica Runyan Young (IN) his remarks.) RECORDED VOTE Mr. ROE of Tennessee. Madam Ms. DEGETTE. Madam Speaker, I de- NOES—175 Speaker, I rise today to pay tribute to mand a recorded vote. Ackerman Edwards Matsui all those affected by the devastating A recorded vote was ordered. Andrews Ellison McCarthy (NY) storms that ripped through Tennessee Baca Engel McCollum and 12 other States last week. My The SPEAKER pro tempore. This is a Baldwin Eshoo McDermott 5-minute vote. Barrow Farr McGovern thoughts and prayers are with the fam- The vote was taken by electronic de- Bass (CA) Fattah McNerney ilies who lost loved ones and with those vice, and there were—ayes 251, noes 175, Becerra Filner Meeks that must rebuild their lives after this Berkley Frank (MA) Michaud not voting 6, as follows: Berman Fudge Miller (NC) terrible natural disaster. [Roll No. 292] Bishop (GA) Garamendi Miller, George Just as the people of Tennessee came Bishop (NY) Gonzalez Moore AYES—251 together following last year’s floods, Blumenauer Green, Al Moran we will do so again. With heavy hearts, Adams Cassidy Gallegly Boswell Green, Gene Murphy (CT) Aderholt Chabot Gardner Brady (PA) Grijalva Nadler we will overcome our great loss with Akin Chaffetz Garrett Braley (IA) Gutierrez Napolitano greater strength and a renewed sense of Alexander Coble Gerlach Brown (FL) Hanabusa Neal community. Altmire Coffman (CO) Gibbs Butterfield Hastings (FL) Olver Amash Cole Gibson Capps Heinrich Owens I would also like to extend my heart- Austria Conaway Gingrey (GA) Capuano Higgins Pallone felt thanks to all of the volunteers and Bachmann Costello Gohmert Cardoza Himes Pascrell rescue workers involved in the disaster Bachus Cravaack Goodlatte Carnahan Hinchey Pastor (AZ) relief efforts. Even in dark hours, the Barletta Crawford Gosar Carney Hinojosa Payne Bartlett Crenshaw Gowdy Carson (IN) Hirono Pelosi efforts of Americans like these should Barton (TX) Critz Granger Castor (FL) Holt Perlmutter give all of us cause to hope. Bass (NH) Cuellar Graves (GA) Chandler Honda Peters In the days ahead, we will work to- Benishek Culberson Graves (MO) Chu Hoyer Pingree (ME) Berg Davis (KY) Griffin (AR) Cicilline Inslee Polis gether to ensure that our communities Biggert Denham Griffith (VA) Clarke (MI) Israel Price (NC) have the resources needed to rebuild. I Bishop (UT) Dent Grimm Clarke (NY) Jackson (IL) Quigley have complete faith that we will Black DesJarlais Guinta Clay Jackson Lee Rangel emerge stronger and better than ever Blackburn Diaz-Balart Guthrie Cleaver (TX) Reyes Bonner Dold Hall Clyburn Johnson (GA) Richardson before. Bono Mack Donnelly (IN) Hanna Cohen Johnson, E. B. Richmond Madam Speaker, my prayers go to Boren Dreier Harper Connolly (VA) Keating Rothman (NJ) those family members in our State and Boustany Duffy Harris Conyers Kind Roybal-Allard Brady (TX) Duncan (SC) Hartzler Cooper Kissell Ruppersberger others who have lost loved ones. It’s a Brooks Duncan (TN) Hastings (WA) Costa Kucinich Rush terrible, terrible tragedy. Broun (GA) Ellmers Hayworth Courtney Langevin Ryan (OH) Buchanan Farenthold Heck Crowley Larsen (WA) Sa´ nchez, Linda f Bucshon Fincher Heller Cummings Larson (CT) T. Buerkle Fitzpatrick Hensarling Davis (CA) Lee (CA) Sanchez, Loretta HONORING WILLIAM ‘‘BILL’’ Burgess Flake Herger Davis (IL) Levin Sarbanes SCHULTZ Burton (IN) Fleischmann Herrera Beutler DeFazio Lewis (GA) Schakowsky Calvert Fleming Holden DeGette Loebsack Schiff (Mr. TONKO asked and was given Camp Flores Huelskamp DeLauro Lofgren, Zoe Schrader permission to address the House for 1 Campbell Forbes Huizenga (MI) Deutch Lowey Schwartz minute and to revise and extend his re- Canseco Fortenberry Hultgren Dicks Luja´ n Scott (VA) marks.) Cantor Foxx Hunter Dingell Lynch Scott, David Capito Franks (AZ) Hurt Doggett Maloney Serrano Mr. TONKO. Mr. Speaker, I rise Carter Frelinghuysen Issa Doyle Markey Sewell today to honor William ‘‘Bill’’ Schultz.

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.040 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3044 CONGRESSIONAL RECORD — HOUSE May 4, 2011 Bill is an educator who has dedicated in 1947. Upon returning to Portland he joined ous civic organizations regionally and na- over three decades, specifically 34 his brothers in the family scrap and steel tionally in partnership with his wife Arlene years, to teaching in Maine, New business, working alongside them until 1950, including the following: Doctor of Humane Hampshire, and New York. Upon retire- at which time he left and founded Harsch In- Letters, Portland State University, 2004; Dis- vestment Properties, a leading diversified tinguished Service Award, University of Or- ment, he has dedicated his energies and owner and operator of industrial, office, re- egon, 2001; Aubrey Watzek Award, Lewis & talents to other retirees. tail and multi-family properties in five West- Clark College, 2000; Arts Breakfast of Cham- Bill was a leader in the labor move- ern states. He served as President and Chair- pions Honoree, NW Business for Culture and ment and served two terms as presi- man of the Board for two decades before the Arts, 1997; Portland First Citizen Award, dent of the Niskayuna Teachers Asso- being joined by his son Jordan in 1970, who Portland Metropolitan Association of Real- ciation in my congressional district. now serves as President. Together they grew tors, 1995; SAFECO Art Leadership Award, Serving 8 years as president of Retiree the company into one of the largest, pri- ArtFair/Seattle, 1994; Distinguished Service vately held real estate companies in the Council 12 of the New York State Award, United Jewish Appeal, 1966–1967; and Western United States. Throughout his life the Outstanding Philanthropist Award, Na- United Teachers Association, Bill was he focused on three things: family, the busi- tional Society of Fundraising Executives, influential in organizing the council. ness and his community. Harold learned 1996. He is this year’s honoree of the Juvenile Bill’s leadership, dedication, compas- early on from his parents, Sam and Rose Diabetes Research Foundation to be cele- sion, and knowledge have had a pro- Schnitzer, who immigrated to the United brated Saturday, April 30, 2011. Also in April, found influence on the lives of the stu- States in the early 1900s, the responsibility the faculty of the Pacific Northwest College dents he has taught, the retirees for of making a difference with his life. They of Art voted to award honorary doctorate de- taught him and his siblings, Manuel, Morris, grees to both Harold and Arlene. Harold is which he has advocated, and the Mollie, Edith, Gilbert and Leonard, the im- friends he has made along the way. survived by his wife, Arlene; son, Jordan; portance of giving back to your community. granddaughters, Arielle and Audria; brother, In 1921, John Cotton Dana said, ‘‘Who In 1949 he met and married Arlene Director, Gilbert of the Bay Area, Calif.; sister Mollie dares to teach must never cease to daughter of family friends, Simon and Helen of Beverly Hills, Calif.; and numerous nieces learn.’’ It is in this spirit that Bill will Director. Married for 62 years, they were life- and nephews. Even during the last days of be honored later this month. long partners in business, the arts and phi- his life he was still working and planning on I commend and congratulate him on lanthropy. Their son, Jordan, was born in how to make life better for everyone else all his efforts and hope his service and 1951. Over a career of 60 years there have around him. Therefore, in lieu of flowers and been hundreds of organizations and causes dedication can stand as a model and in- to honor his memory, the family suggests that have benefited from his leadership and that contributions maybe made to the Har- spiration for countless others. After financial support. Harold served on the board all, our future and our children’s future old Schnitzer Diabetes Health Center at of Lewis & Clark College for 16 years, a Life OHSU; the Portland Art Museum; at either are only as good as those who teach Trustee since 1995. His service to the Port- of two Judaic studies programs at the Uni- them. land Art Museum spanned 21 years, ulti- versity of Oregon or Portland State Univer- mately as Chairman of the Board from 1997 f sity, or to the charity of your choice. A me- to 2001, during which time a major expansion morial service will be at 4 p.m. Wednesday, resulted in the opening of the Mark Building. HONORING THE LIFE OF HAROLD May 11, 2011, at Congregation Beth Israel, He and Arlene are especially proud of estab- J. SCHNITZER 1972 N.W. Flanders St., Portland, with a re- lishing the Center for Northwest Art, and a ception to follow at 5:30 p.m. at the Portland (Mr. BLUMENAUER asked and was curatorial and awards program. They also Art Museum, Mark Building, 1219 S.W. Park given permission to address the House were major collectors of Han and pre-Han ce- Ave., Portland. for 1 minute and to revise and extend ramics that led to establishing the Arlene his remarks.) and Harold Schnitzer Collection of Early f Mr. BLUMENAUER. I rise today in Chinese Art. They gifted a number of works from the collection to the Portland Art Mu- IT’S TIME TO GET FOXES OUT OF honor of the long and productive life of THE HENHOUSE Harold J. Schnitzer. seum along with endowing the position of Curator of Asian Art. Harold and Arlene Harold was a skilled businessman (Mr. GOHMERT asked and was given have also been strong supporters of arts and permission to address the House for 1 who, together with his wife, Arlene Di- cultural institutions in both the Bay Area rector Schnitzer, established and later and Palm Springs, where they have resi- minute.) with his son, Jordan, grew one of the dences. More recently Harold provided the Mr. GOHMERT. Mr. Speaker, we had largest privately owned real estate lead gift establishing the Harold Schnitzer a hearing yesterday in the Judiciary companies in the western United Diabetes Health Center at OHSU in 2007, one Committee. The Attorney General of States. But this quiet, thoughtful, of only ten centers in the nation treating the United States came before us, and children and adults, and the only one on the modest man was a civic leader, a phi- one of the things we discussed was the West Coast. A diabetic since his early 40s, he fact that in 2008, toward the end of the lanthropist for the arts, education, and valued good health care and appreciated its culture in Oregon. connection to the quality and longevity of year, there was the biggest, most im- I personally experienced his kindness life. The Center is his expression of helping portant terrorist funding case that was to a young man interested in public others in their struggle with diabetes. Har- ever tried, conviction of all five defend- service. He continued to be generous old valued family and philanthropy that ex- ants on 108 counts, and now this admin- with his opinions and advice, a story I tended to Portland, the State of Oregon and istration has dismissed and is not know was repeated many times. His the Pacific Northwest. He served as chair- going to pursue the evidence that the man of multiple capital and building cam- important contributions to our com- trial judge said was there to make a paigns for Portland’s Jewish Community prima facie case against the co- munity will be enjoyed for generations that led to the establishment of the to come. Mittleman Jewish Community Center, and conspirators. We honor his life, even as we mourn facilities for Congregation Shaarie Torah Instead, you can go to the White his passing, and extend our condolences and Congregation Beth Israel, both of which House Web site and find that their dep- to his wife of 62 years, Arlene, his son, he remained as a member until his death. uty national security adviser is thank- Jordan, his extended family, and Harold was always interested in ensuring ing the president of the Islamic Soci- countless friends. that young people have the same educational ety of North America, which was one of opportunities that he had. He believed that HAROLD SCHNITZER OBITUARY the unindicted coconspirators, for his with education comes greater appreciation wonderful help in the White House and Schnitzer, Harold J. 87 June 08, 1923 April of one another’s differences and increased 27, 2011 Harold J. Schnitzer, businessman, tolerance. He had a lifelong interest in fund- his great prayer he gave the year be- philanthropist, and civic leader, passed away ing scholarships and educational grants, and fore. early Wednesday morning, April 27, 2011, in that ultimately led to him establishing Ju- It’s time to get foxes out of the hen- Portland, at age 87, from complications of daic studies programs at both the University house. Let’s hold people responsible cancer and diabetes. He was born June 8, of Oregon and Portland State University. who want to destroy our way of life. 1923, in Portland, growing up in S.W. Port- Harold served the City of Portland on a vari- land where he attended Shattuck Elemen- ety of projects including the development of f tary School and Lincoln High School. He the Portland Center for the Performing Arts. NO TAXPAYER FUNDING FOR earned a Bachelor of Science in metallurgy Because of his leadership and philanthropy, ABORTION ACT from the Massachusetts Institute of Tech- the city named its symphony hall, the Ar- nology in 1944 and, immediately thereafter, lene Schnitzer Concert Hall, in honor of his (Mr. SMITH of New Jersey asked and served in the U.S. Army until his discharge wife, Arlene. He has been honored by numer- was given permission to address the

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.092 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3045 House for 1 minute and to revise and nounced policy of January 5, 2011, the She and her husband own a ranch. They extend his remarks.) gentleman from Georgia (Mr. BROUN) is are active ranchers out west. Never be- Mr. SMITH of New Jersey. Mr. recognized for 60 minutes as the des- fore has she had to pay $100 to fill the Speaker, I rise today to just thank my ignee of the majority leader. tank of her vehicle, and I filled the colleagues for voting so overwhelm- Mr. BROUN of Georgia. Mr. Speaker, tank of mine, and it was almost $90 in ingly for H.R. 3, the No Taxpayer Fund- unfortunately in what has become a my GMC Yukon that I’ve used to make ing for Abortion Act. time-honored tradition, the President house calls as a medical doctor. This is America today is solemnly pro-life and my Democratic colleagues that are unsustainable. and the trend line tangibly improves here in Congress find it more conven- Our gas prices impact our grocery by the year. On public funding, a super- ient and politically expedient to make bills, job opportunities, travel plans, majority of well over 60 percent oppose targets of energy companies. These are and thousands of other decisions that public funding of abortion. Clearly, companies who invest their own capital businesses and families make. In fact, Americans get it. There is nothing and resources to increase our country’s according to an analyst from Cameron compassionate, benign, or nurturing energy supply and the security of our Hanover, every penny increase in the about abortion. Abortion methods, the Nation. They want nothing more than price of gas costs consumers, American actual deed of dismemberment, chem- to operate in a free market environ- citizens, consumers, more than $4 mil- ical poisoning or suction is an act of vi- ment without excessive government lion per day. A one-penny increase olence against children. regulations. costs consumers over $4 million per Abortion also hurts women. Earlier However, in a move to deflect the day. And, folks, who are hurt the most today in the Capitol, we heard from spotlight from this administration’s by this? The people who are hurt the Nancy Tanner, a woman from Silent own failings and the Democrat Party’s most are poor people and people who No More Awareness Campaign, who own failings and their incompetent are on limited incomes, our senior citi- eloquently urged passage of H.R. 3. Ms. policies, this administration and many zens. Tanner spoke of her abortion and the in Congress find it easier to attack the As the cost of fuel and gas and oil go emotional agony that she has endured success of the energy companies than up because of the misplaced policies of and noted that well over 10,000 women to actually confront the challenges this administration, this winter, fuel have come forward and now have spo- that we face, often espousing policies prices are going to be out of the roof. ken out publicly against abortion. to increase government interference in In fact, the President said while we Each and every one of those women the marketplace that do more harm were talking about his cap-and-trade have had at least one abortion them- than good. bill not long ago, he said that energy selves, and they talk of the ongoing Recently, companies like Koch Indus- prices, to use the President’s words, and enduring agony of that abortion. tries, which employs more than 10,000 ‘‘would necessarily skyrocket’’ for his I want to, again, thank my col- people in my home State of Georgia, policies. ‘‘Necessarily skyrocket.’’ leagues for supporting the No Taxpayer contributing more than $700 million to Under President Obama, the cost of en- Funding for Abortion Act. our State’s economy, along with tens ergy has skyrocketed. That’s what he of millions in community and environ- has said in a national speech. f mental philanthropic efforts, have The national average price of gaso- ALL-OF-THE-ABOVE ENERGY come under attack by several Demo- line, as I just mentioned, was $1.84 (Mr. PRICE of Georgia asked and was crats in this body and this administra- when President Obama took office. given permission to address the House tion just because Koch’s work provides Today it is $3.96. Rising gasoline prices for 1 minute.) for an easy red meat target to throw to are hurting families and small busi- Mr. PRICE of Georgia. Mr. Speaker, their radical environmental friends. nesses. They are costing jobs. In fact, I when I drove to the airport to come out It’s also a sad state of affairs when just talked to a manager of a res- here this week, I recognized that gaso- other energy companies actually post a taurant in my hometown of Athens, line was at $3.86 a gallon in my dis- positive profit report, even though Georgia, just this last weekend. He was trict, and the last time we got to these most of these profits go back into more telling me that when he orders food for energy exploration as well as clean en- his restaurant, his suppliers are adding levels was almost 21⁄2, 3 years ago in the summer of 2008. ergy development. I’m also sure that a fuel surcharge, a fuel surcharge onto And we, at that time, came up with you won’t hear many attacks on how the cost of groceries, food for his res- an all-of-the-above energy plan, a plan those profits help boost the retirement taurant. That’s happening in all the that recognizes that what we need to accounts of millions of Americans and grocery stores, and that’s happening do is expand production in the United put more into our struggling economy all across this country. It’s threatening States. We need to concentrate on con- than any government stimulus pro- our economy and our economic recov- servation. We need to incentivize new gram has or could. ery. forms of energy. But first and fore- According to the new Washington While the new House majority is tak- most, in order to get us over the Post/ABC News survey out today, more ing steps to address gas prices and help bridge, we need to make certain that than seven in 10 Americans are suf- create jobs with the American Energy we utilize responsibly resources that fering financial hardship from the sky- Initiative, the Obama administration’s have been given to this great country rocketing gas prices. In fact, we’ve got anti-energy policies are driving up by our Creator. a chart here tonight, the first one in a prices, and they are threatening our We need offshore exploration, on- series. This is the gas price, the aver- economy by blocking American energy shore exploration, clean coal tech- age retail price in America when production. We have had a 16 percent nology, oil shale, all of the things that Barack Obama took office. The average decrease in American energy produc- the American people know will de- price at that time was $1.84 per gallon tion under this administration. It is 16 crease not just the price of gasoline but just as recently as January of 2009, a percent lower than it was projected to will decrease our reliance on foreign oil little over 2 years ago. Look what’s be. Future projections show continued and make this country safer and the happened. As of April 25 of this year, decreases in domestic production and world safer. the average price per gallon was $3.88. more and more reliance upon foreign Let’s get to work on an all-of-the- The average price 2 years ago was $1.84; imports for our energy sources, par- above energy plan on behalf of the now it is $3.88, $2 higher, over twice. ticularly for gas and oil. We’re getting American people. It’s over double in just a 2-year period those energy resources from countries of time. that hate us, that hate our American f Gas prices don’t just affect the price free enterprise system, that hate the b 1730 at the pump. I was talking to a Mem- liberty we have here in this country. ber just a few minutes ago. She was More than a 200,000-barrel-per-day de- RISING GAS PRICES telling me that she just fueled her crease in Gulf Coast energy production, The SPEAKER pro tempore (Mr. pickup truck, and it cost her over $100 this is according to the Energy Infor- FINCHER). Under the Speaker’s an- to fill the gas tank of her pickup truck. mation Administration’s March 2011

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.094 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3046 CONGRESSIONAL RECORD — HOUSE May 4, 2011 short-term energy outlook. Production head overseas, costing American jobs just denied any production off Alaska. from the Gulf of Mexico is expected to and forcing the U.S. to import more It makes no sense. fall by 240,000 barrels per day in 2011 foreign oil. These rigs have left. You According to stories from the Gulf and a further 200,000 barrels per day in see where they’ve gone. Nigeria, Egypt, Coast residents shared at a recent Nat- 2012. A reduction. And 27 billion barrels the Congo, Brazil, French Guyana. ural Resources Committee hearing, the of oil are under lock and key in Alaska. They won’t be coming back. Thousands President’s policies already are helping According to a recent FOX News re- of American jobs left with them. In make good on his pledge, with one off- port, the EPA’s refusal to grant per- fact, as many as 12,000 American jobs shore boat company employee report- mits for energy production in Alaska’s have been lost, and more than 36,000 ing that his employer is sending 100 Outer Continental Shelf has limited ac- jobs are at risk. vessels overseas to Brazil to keep them cess to an estimated 27 billion barrels I hear my Democrat colleagues talk- working, Brazilians working. With of oil. With Alaskan oil production al- ing about it’s jobs, jobs, jobs. In fact, those transfers go many American ready decreasing by 7 percent annually, we heard that just today in the Science jobs. continued delays could force the Trans- Committee. One of my Democratic col- This administration’s policies are de- Alaska Pipeline to shut down. leagues talked about jobs are the num- stroying jobs. The Democrat Party ber one issue. Well, she’s absolutely policies under the former Speaker, Ms. b 1740 right. But it’s her party’s policies that PELOSI, the Majority Leader in the Senate, HARRY REID, are destroying What’s that going to do to our cost of are running jobs overseas. It’s this ad- jobs, destroying our economy. And gasoline, heating oil, natural gas and ministration’s policies that are making they want more of the same. They all of our other energy sources? What’s these rigs leave the Gulf of Mexico and want more stimulus, more government, that going to do to the cost of food? go to Nigeria and Egypt and Congo and It’s all going to skyrocket. less American jobs in the private sec- Brazil, French Guyana. tor, less American energy production. More than 40 American energy According to the study at Louisiana projects have been stalled by this ad- Mr. Speaker, the American people State University, monetary economist, need to know very clearly, they need to ministration. As the House Natural Re- Dr. Joseph Mason, the Obama adminis- sources Committee notes, 10 months know the simple truth. They deserve tration’s de facto ban, and it is a ban, the truth; that the policies created by after the Obama administration’s offi- he says he’s lifted the moratorium but this administration, the policies cre- cial moratorium on American energy they’re not putting out the permits. ated under the leadership of NANCY ended, over 40 projects remain stalled, It’s a de facto ban on American energy PELOSI and HARRY REID are building a and people are left without work. This production, could cost as many as bigger government but destroying our administration’s energy policy is kill- 24,532 jobs in the Gulf Coast and 36,137 energy. They’re building a bigger gov- ing jobs in the Gulf Coast, as well as all jobs nationwide. ernment, even higher prices for hous- over this country. We’re sending Amer- By the administration’s own admis- ing in Washington, D.C. to destroy jobs ican jobs overseas. Twelve rigs have al- sion, the first 6 months of the official in the private sector all across the ready left the Gulf. moratorium alone has resulted in as country. And their energy policies are Before we change, let me go to this many as 12,000 American jobs have going to harm the most vulnerable quote here from Michael Bromwich, been lost. They’re gone. They’ve left Americans, poor people, people on lim- the Chief Regulator of U.S. offshore the Gulf Coast. They’ve gone to other ited incomes, our senior citizens. drilling. Even if we permitted the hell areas. They’ve gone to produce energy, b 1750 out of everything tomorrow, every if you look at this chart, in the Middle pending permit, some permits that East, in Africa, South America and Recently, President Obama and haven’t even been filed yet, it would Brazil. Washington Democrats trotted out two not have a material effect on gas In fact, the President just sent bil- blame-shifting strategies that Demo- prices, Bromwich said. That’s the sim- lions of dollars to Brazil for them to crats have tried unsuccessfully to use ple, clear reality. produce their energy and create Bra- in the past to deflect blame for their The simple clear truth, the simple zilian jobs at the cost of American en- failed anti-energy policies. truth is Michael Bromwich is abso- ergy and American jobs. It makes no Just last month, Democrats recycled lutely wrong. And, in fact, as soon as sense, absolutely no sense. their so-called ‘‘use it or lose it’’ argu- the first drill bit starts hitting dirt or Recently, in a trip to Brazil in ment that has already been debunked ocean floor, you will see oil prices March, President Obama pledged to as nothing more than a hoax. It is po- plummet in this country, in my opin- help with technology and support to litical fodder that they are utilizing. And I have heard it in our Natural Re- ion. Why? Because OPEC will get a develop the Brazilian oil reserves so sources Committee. I have heard it on message that we’re going to produce that America could become one of Bra- the floor of the House. American people our own energy resources here in zil’s, quoting Barack Obama himself, are sick and tired of this kind of polit- America. Brazil’s best customers. He wants us to Mr. Speaker, I submit any country ical dialogue. become Brazil’s best customer. Americans are demanding all over that is not energy independent, if it How about those American jobs that this country, not only in the 10th Dis- cannot produce its own energy re- he is killing and his administration is trict in Georgia, my district, not only sources, if it cannot produce its own killing? in the State of Georgia, but Americans food and its own clothing, is not a se- His Energy Secretary, Dr. Chu, a cou- all over the country deserve for this cure Nation. And the American people ple of years ago said, we have to find Nation to be energy independent. They need to know that we are not a secure some way to make gasoline prices in are crying out for energy independence. Nation today, and it’s because of poli- America the same as they are in Eu- The Carter administration estab- cies of this administration that are rope. We’ll talk about that in a bit, and lished the Energy Department to make making us less secure. We need to go in remind the American people that the us energy independent as a Nation. The the opposite direction of the direction President himself said that energy Department of Energy has failed miser- we’re going today, that this adminis- prices under his policies that he’s pro- ably, failed miserably in that task, and tration’s taking us. moting would necessarily skyrocket. has failed miserably in that task under According to James W. Noe, Execu- He wants Americans’ energy prices to both Democrat as well as Republican tive Director of the Shallow Water En- skyrocket, putting people out of jobs, administrations. ergy Security Coalition, at least 12 off- costing all these thousands of jobs, Now, President Obama is trying to shore rigs have already departed the costing our economy millions and mil- shift blame to oil speculators just as he Gulf of Mexico, resulting in a signifi- lions and trillions of dollars in all prob- did back in 2008. And this is in spite of cant and precipitous reduction in do- ability eventually. Certainly billions. the fact that, as Washington Post’s mestic employment and energy produc- He just gave a loan to Brazil, $2 bil- Jennifer Rubin notes: It is the adminis- tion. lion to produce jobs and produce oil in tration’s own policies that are contrib- In January, the moratorium forced Brazil instead of producing oil in the uting to yet another drain on the wal- seven oil rigs to abandon the Gulf and Gulf Coast and off Alaska. And his EPA lets of average Americans.

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.095 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3047 The Washington Post has not been a by this administration and the Demo- wind and solar and waves, and all of particularly conservative newspaper cratic Party policy. those things. We need to have research that has promoted conservative poli- Implementing a comprehensive plan and development on nuclear energy and cies. That is what Jennifer Rubin said: to build a more stable supply of petro- on all of the things that are critical for The administration’s own policies are leum from our own North American re- us to be energy independent as a Na- contributing to yet another drain on sources, along with reforms that end tion. the wallets of average Americans. And litigation, the endless litigation, and Republican bills would create 250,000 she is absolutely correct in that assess- reveal policies that artificially inflate jobs short term and 1.2 million jobs ment, and I commend her for saying so. cost will provide immediate relief to long term, according to Louisiana Earlier this month, the House passed the price of gasoline. The market State University’s Joseph Mason. the Energy Tax Prevention Act, H.R. knows that more energy means lower We’ve got to create jobs, but the en- 910, to stop the Obama administration prices. ergy policies that this administration from imposing a backdoor national en- When President Bush removed the and our Democratic colleagues are pro- ergy tax that will further drive up gas executive moratorium on offshore moting are killing jobs, not creating prices. President Obama says he is drilling in 2008, as a good example, them. Republican policies want to cre- going to veto that legislation, proving crude oil futures by the speculators fell ate jobs. that he won’t let skyrocketing gas more than $9 almost immediately. It is Under the Republican bills that we prices get in the way of his administra- not the speculators that are causing have introduced, one of which is H.R. tion’s job-crushing anti-energy agenda the rising cost of oil. It is not the spec- 1230, the Restarting American Offshore regardless of the cost to American fam- ulators who are causing the rising cost Leasing Now Act, we would expand ilies and small businesses. to Americans when they go to fill their American energy production and create I have got a small business in the cars and pickup trucks. It is failed poli- jobs by requiring the Secretary of the timber industry in Lincoln County, cies by the Obama administration, Interior to conduct oil and natural gas Georgia, and the owner of that business failed policies by NANCY PELOSI and lease sales in the Gulf of Mexico as recently told me he parked all of his HARRY REID and their cronies here in well as offshore of Virginia that have trucks because he cannot afford to put the House and in the Senate. been delayed and cancelled by the fuel in those trucks, and that has cost We can create good jobs. We can insu- Obama administration. several jobs in Lincoln County. Lincoln late the economy from energy price H.R. 1229, Putting the Gulf of Mexico County has an unemployment rate that shocks by actively producing our own Back to Work Act, will end the Obama is way, way higher than the national energy resources here in this country. administration’s de facto drilling mor- average. In fact, the State of Georgia’s And we can do that, we must do that, atorium in a safe, responsible and unemployment rate I think just re- while we are good stewards of our envi- transparent manner, and it will put cently was reported to be over 10 per- ronment, repealing Federal mandates thousands of Americans back to work, cent. and the prohibitions that artificially increasing American energy production This administration’s anti-energy drive up the cost of gasoline and stop- to help address the rise in gasoline policies are crushing jobs, crushing ping the EPA’s backdoor energy tax. prices that Americans are facing every small businesses, crushing family budg- They are trying to implement what I single day. Every single day, we see gas ets, and it is anti-American. House Re- call tax-and-trade by EPA edict in a prices jump. publicans are making strong efforts to dictatorial manner when they could H.R. 1231, Reversing President create jobs and lower fuel prices in this not pass that bill through Congress in Obama’s Offshore Moratorium Act, will country. the last Congress. And by halting the lift the President’s ban on new offshore Recently, CNN did a poll. They found President’s drilling permatorium, as drilling by requiring the administra- that seven in ten Americans support some of us call it, it has been de- tion to move forward on American en- increased offshore drilling for oil and scribed, and unlocking our own energy ergy production in areas containing gas—seven in ten. I wonder about the resources that God has given us here in the most oil and natural gas resources. other three in those ten. Forty-five America both on- and offshore, all Many organizations support the percent strongly favor. these will help alleviate the pain at the three bills I just mentioned: the U.S. Here is the question. They asked how pump, the pain at the grocery store, Chamber of Commerce, Americans for Americans feel about increased drilling the pain for every good and service, Tax Reform, the National Taxpayers for oil and natural gas offshore U.S. even the pain in the doctor’s office and Union, Americans for Prosperity, Citi- borders, and here is how they re- the pain of all the higher energy costs zens Against Government Waste, sponded: 45 percent said that they and the pain of all the increased costs Americans for Limited Government, strongly favor us doing increased drill- of every good and service in this coun- the National Federation of Independent ing for our own oil and gas in the gulf try. Business, the 60 Plus Association, the coast offshore, 24 percent mildly favor, American Trucking Association. I 1800 16 percent strongly oppose, and 15 per- b could go on and on and on. Gulf organi- cent mildly oppose. Through the American Energy Initia- zations are supporting the passage of Now, that 15 percent and 16 percent, tive, House Republicans are actively the Outer Continental Shelf legisla- I wonder if they have looked at their working to increase American energy tion, and I could list organization after checkbook. I wonder if they have production in order to do a number of organization. looked at the cost of bread and milk, things: to lower the cost of gasoline, to I won’t continue with those right cabbage and potatoes in their grocery create American jobs, to generate rev- now because I’ve been joined by a good store. Because the prices of those goods enue to help reduce the debt and this friend who is stalwart on this issue and that we all depend upon when we go to deficit that’s unsustainable, and to who, I think, has probably done as the grocery store are markedly af- strengthen our national security by de- much or more than any other Repub- fected by the cost of gas and oil in this creasing our dependence on foreign en- lican Member of Congress to try to country. ergy, particularly on foreign oil. help make us energy independent as a Increasing American energy produc- As I mentioned just a few minutes Nation and to help us create jobs here tion will help create new jobs, and it ago, I believe very firmly that, if a in America. addresses the rising gas prices. And country is not energy independent, it is My dear friend, JOHN SHIMKUS, I yield Americans know it. The House is pre- not a secure nation. We are not secure to you. pared to vote on legislation to boost today. We must make America energy Mr. SHIMKUS. Thank you, Congress- offshore energy production. independent, and we do that by devel- man BROUN. It’s great to be with you, As I said, seven in ten Americans oping our own energy resources—all of and I appreciate the introduction. support offshore drilling for our oil and our energy resources, not only oil and You’re too kind. natural gas. It belongs to us, it belongs gas but coal. We need to develop clean One thing I do know: If you want to to the American people, and we are coal technology. We need to look at al- create good-paying jobs, it’s in the fos- being prohibited from tapping into that ternative energy resources, such as sil fuel industry.

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.097 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3048 CONGRESSIONAL RECORD — HOUSE May 4, 2011 During this recession, one of the two We’ve got fuel from coal, not just elec- uting factors to this high price of gaso- biggest job engines for organized labor tricity generation. For years, South line. has been the production of a new, Africa has been turning carbon-based Of course, you don’t have to go far in supercritical coal-fired power plant. coal into liquid transportation fuel or south Louisiana to see the direct im- There will be thousands of building aviation fuel, and as you know, I’m pact because, as my colleague from trade workers building this power very supportive of the biodiesel provi- Georgia just pointed out, not only the plant and hundreds of people who will sions. moratorium that was imposed about a be working in this power plant and It all comes down to this: jobs. When year ago, but the permatorium that we mining the coal. They’ll have great we continued to add additional regula- are still experiencing today, where the wages and superb benefits. So, if we tions on the fossil fuel industry, what administration won’t let our people go want good, high-paying jobs in this happened to these miners? They all back to work exploring safely for en- country, the fossil fuel industry is one lost their jobs—a thousand of them in ergy, people that had absolutely noth- sector that can do that. one mine. The attack by this adminis- ing to do with the BP explosion of the The other major job engine next to tration and by my colleagues on the Deepwater Horizon, people in much my congressional district is the expan- other side with regard to the fossil fuel deeper waters, drilling safely back then sion of a refinery in Wood River. Actu- industry has to stop. that now cannot go back to work. We have lost over 13,000 jobs in the ally, it’s in Congressman COSTELLO’s I know we’ve been joined by another district, but we’re right next to each of my colleagues, and I’ll end with this energy industry in south Louisiana in other. It’s the ConocoPhillips-Wood because you hear it quite a bit on the the past year specifically because of River Refinery, and it has thousands of floor. President Obama’s policies that have employees. It’s a $2 billion project to shut those areas down. It has literally b 1810 help crack the oil that would come run thousands of jobs, 13,000 by the from the Canadian oil sands. You have I just want to pose a question: If you White House’s estimates—we think the thousands of jobs right now. You have raise taxes on a commodity good, how number is much higher, but I will just use the White House’s numbers—13,000 another supply decreasing our reliance does that lower its price? If you raise people in this country who have lost on imported crude oil from an ally with the tax on a commodity, how does that their job in the energy industry, high- North American Energy—great wages, lower the price to the consumer? It paying jobs, by the way, that have gone great benefits, secure jobs. It’s the fos- cannot, and it will not. It will only add to the price of that energy. to foreign countries. sil fuel industry. We have tracked some of these deep- I am just amazed at the continued at- Thank you for letting me join you. water rigs that have left. Of course, the tack on that sector by my friends on Mr. BROUN of Georgia. Thank you, President goes to Rio de Janeiro a few the other side and of the whole debate Mr. SHIMKUS. I appreciate it. And I ap- weeks ago and brags that he wants to about what drives the cost of energy. preciate your efforts over many Con- drill in Brazil. I would suggest, Mr. It’s a simple formula. We all learned it gresses since I have been here. I am in my third Congress, as you know. You President, let’s drill in America safely, in basic economics and accounting: where we know there are billions of supply and demand. If you want to have been a stalwart fighting this issue all along, and I appreciate the hard barrels of oil here in this country, lower the cost of the good, you have to where we can create thousands of high- increase the supply. We continue to de- work you have done for the people in your district in Illinois and for this Na- paying jobs and generate billions of mand more. In fact, we’re going to de- dollars that the Federal Treasury mand 30 percent more in electricity tion. So thank you so much for what you have been doing. would take in because of all that eco- generation by 2030. If we don’t marry nomic activity and the royalties that that with increased electricity genera- I have also been joined tonight by another friend of mine who has been very would be paid by those oil companies, tion, guess what? We’re going to have that would lower our deficit. And yet, higher costs. The same is true with liq- active in this issue because he is from Louisiana. He has been on the floor no, the President says we want to shut uid fuels. you down and put your people out of many times talking about the morato- So we’re in a very exciting time in work, but we want to go and spend our rium and the permatorium that has this country because, for the first time, resources drilling in Brazil. we really can make the argument that been going on, as some have called it. This is the backward policy that this we could be independent of imported This has cost people jobs in his home administration has pursued that has crude oil by using what we’re proposing State of Louisiana. gotten us to this point where we are as an all-of-the-above energy strategy. I yield to my good friend STEVE paying over $5 in some places in this Let these energy commodities compete SCALISE from New Orleans. country—$4, close to $4 in my district— for our purchase. One example we drew Mr. SCALISE. I thank the gentleman for a gallon of gasoline, and we are not up with some friends on the other side from Georgia for yielding. I appreciate even in the heart of the summer. is an open fuel strategy so that any- the hard work that you have been So then when you look at what the body can use anything when they pull doing for years, as I have, on this issue. administration’s plan is. Clearly, our up to the pump. Another manner in I appreciate the comments from my plan is we want to let our people go which you do that is you continue to colleague from Illinois who just talked back to work exploring and drilling allow all commerce to compete for about just what is happening here. safely for energy, creating thousands of electricity. You don’t allow govern- In the last 2 weeks we were in our good jobs, bringing all that tax revenue ment to stifle the electricity genera- districts, and I got the opportunity to into this country to lower our deficit. tion or the liquid fuel market. go through parts of my district. When But the Presidents’s answer, is, you So many of us have seen these, and you talk to people about what is hap- would think maybe he would be agree- I’ll go through them quickly since I pening in this country with the econ- ing on us with this. This should be a bi- know you’ve got some issues you want omy, the biggest question that comes partisan issue, there is bipartisan sup- to talk about. up, beyond the short-term issues of the port, by the way, to do what my col- In an all-of-the-above strategy, we economy and jobs, is the high price of league from Georgia and I are talking say ‘‘all of the above.’’ If you want to gasoline, and just why is it that right about, but the President not only use solar and wind, great. That’s part now people are paying almost $4, if not doesn’t support our plan, but the Presi- of ‘‘all of the above.’’ A small portion $5 in some parts of the country, $5 per dent’s proposal is to raise taxes on of electricity generation does nothing gallon for gasoline, and we are still not American energy. for liquid fuel, liquid transportation even into the heart of the summer. He goes out, and I guess every time fuels, but it might add 3 percent of It is very clear as people look, it is he speaks he wants to go and beat up electricity. OCS, we’ve got to be there. very clear that the policies of this ad- on an American industry, and right We’ve got new excitement in the ministration that have completely now it is the oil companies. Well, Marcellus shale. That’s got to be an ex- shut off our ability to produce, go and frankly, the oil companies that are out citing new venue that can go for elec- explore for and produce energy in there right now, many of them are pro- tricity generation and for liquid fuels. America, is one of the main contrib- ducing in other countries. But our

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.098 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3049 local producers, the small businesses, on the House Homeland Security Com- our country—that one rig that went to these aren’t the big guys. These are the mittee, and I am also on the Science, Egypt is representing about a thousand small businesses that are barely hang- Space, and Technology Committee. high-paying jobs that are no longer ing on by a thread, struggling to sur- Just today in Science, Space, and here in America, that are no longer vive, that he would be shutting down Technology, I heard Democratic col- here in America, that are now in by raising taxes. His plan is to raise $22 leagues talk about the number one Egypt. I think that’s a shame. It shows billion in taxes on American energy issue in America today. One lady said, the failure of this administration’s production. it is jobs, jobs, jobs. policies and it’s the reason why—one of Now, his plan, by the way, coinciden- the few, but an absolute reason why— b 1820 tally, doesn’t apply to foreign coun- American families all across this countries. So when he goes to Rio and says And I have heard it in my other two try are paying higher gas prices at the ‘‘drill in Brazil,’’ his package that he committees. I’ve heard that from Dem- pump. And there’s no reason for it. We actually has asked Congress to pass, ocrat after Democrat. I know the gen- can reverse it. We need to reverse it. and I sure hope we don’t pass it, but his tleman is on the Energy and Commerce I’m glad your committee passed leg- package not only raises taxes on Amer- Committee, and the question I wanted islation that we’ll be voting on tomor- ican energy. That same tax increase to ask Mr. SCALISE is, Have you heard row. I know in our Committee on En- doesn’t apply to the drilling in Brazil in that committee, one of our eight ergy and Commerce we’re working on or in Saudi Arabia or some of these committees—one of the most impor- similar solutions. I think American other Middle Eastern countries that tant committees dealing with energy people want as many solutions as pos- use that money to do things that are production—have you heard that same sible. But at least we’re finally putting counterproductive not only to Amer- mantra from our Democrats on Energy solutions on the table to say, Mr. President, your plan might be to raise ican energy security, but our homeland and Commerce? Has it been jobs that taxes on American energy and raise the security. we need to be focusing upon? So the President would say to raise Mr. SCALISE. I appreciate the gen- price of gas at the pump. We’ve got a different approach. The House Repub- $22 billion in taxes on American energy tleman yielding. This mantra that’s licans here, and hopefully Senators, production, which, by the way, runs thrown out there, frankly, for over 2 will understand and push this issue. even thousands more jobs out of our years now, yourself, myself, we’ve been But our approach is to lower gas prices country and increases our dependence clamoring for policies that actually by increasing the supply here in Amer- on Middle Eastern oil. This is counter- create jobs. And then when we bring ica so that we’re energy secure, we productive policy, but that is the forward legislation, actual bills—not to don’t have to rely on these Middle President’s answer to high gas taxes, is run up the deficit like our colleagues on the other side, not to run more jobs Eastern countries, and we don’t have to raise taxes on American energy, to send our jobs and billions of dollars which means higher prices at the out of our country like our colleagues on the other side—but when we actu- to those Middle Eastern countries, pump. And, by the way, we are already which jeopardize our security here at paying too much at the pump. Gas ally bring bills to say, Stop the mad- ness, change these policies and bring home, which as a member of the Home- prices have more than doubled since land Security I know you know about President Obama took office. that work back to America, create those jobs here, bring in that revenue very well, too. It is not just bad luck that gives us Mr. BROUN of Georgia. Absolutely. here, they actually criticize us and say high gas prices. It is bad policy that In fact, I’m not a good lawyer—I’m not that has nothing to do with jobs. comes out of Washington, D.C. That is even a lawyer. I’m a medical doctor, as Well, it shows, first of all, that why I really appreciate the gentleman the gentleman knows. In law school they’re out of touch. They don’t under- from Georgia bringing us here tonight. they teach you not to ask a question if stand how job creation works in this But also the legislation that we will be you don’t know what the answer is. country. But they also, obviously, voting on tomorrow that actually And I didn’t know what your answer haven’t been tracking the history; starts to address this problem and was going to be, but I felt sure you tracking exactly what’s happening all says, you know what, if people in were going to answer the way you did, across America, but especially in using America want to safely explore for and for the simple reason that we hear our the areas around southeast Louisiana produce energy here in America, we are colleagues on the other side, the Demo- going to let them do that. We are going as the prime example. You don’t have crats, keep talking about wanting to to let them go to work here so that we to go any further than to go down to create jobs. But their policies are de- don’t send those jobs and those billions south Louisiana and you’ll see the job stroying jobs—American jobs, private of dollars to countries like Brazil, and, losses that have occurred because of pay jobs. Their policies are developing even worse, Middle Eastern countries this administration’s policies which bigger jobs, bigger government here in who want to do us harm. have, one, shut off American energy Washington, D.C., so much so that the So clearly the policy impacts the production, which have led to higher only city in this country that real es- price of gas we are paying at the pump. gas prices, but also run thousands of tate prices have not gone down is We have got to reverse these policies high-paying jobs out of America. We’ve Washington, D.C. They’ve gone up. that make absolutely no sense that are tracked those rigs, those deepwater Why? Because this administration, coming out of this White House and get rigs, which each of them is about a bil- NANCY PELOSI, HARRY REID, and their back to an all-of-the-above strategy lion-dollar asset. So you have got an colleagues in the House and the Senate that actually allows us to utilize our American employer that said, You in the 111th Congress are creating big- resources here in America in a safe know what; I can’t even do business in ger government, more regulations, way, that produces thousands of good- America any more with my billion-dol- more taxes, more attacks on jobs in paying jobs and brings billions more lar asset. I’ve got to move it some- the private sector, more attacks on dollars into the Federal Treasury to where else; to a foreign country. One of small businesses, and it’s creating a pay down the national debt. those rigs went to Egypt. I think we all bigger government. Thus, higher real Mr. BROUN of Georgia. Mr. Speaker, know what’s going on in Egypt right estate prices here in Washington be- the rules that were presented by Mr. now. cause we’ve created government jobs. BISHOP from Utah from the Rules Com- Isn’t it a sad indictment on this ad- They claim about all the jobs created mittee are the two bills that Congress- ministration’s failed energy policy that with the stimulus bill, et cetera, but man SCALISE was just talking about an American employer would say I it’s government jobs is pretty much that will start forcing actually this ad- think it’s better to do business with what we’re creating. ministration to start letting out leases my billion-dollar asset, to bring that We’ve got another problem. In fact, I and helping us to develop our own en- asset over to Egypt and take the introduced H.R. 1032, the RELIEF Act, ergy resources here in America. chances over there because of how bad because we have excessive and frivo- But I wanted to ask Mr. SCALISE be- the environment is business-wise in lous lawsuits against our own energy fore he leaves, I am on three commit- America. By the way, that one rig—and production and it has significantly de- tees. I am on Natural Resources, I am there are multiple rigs that have left layed and in many cases prevented our

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.099 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3050 CONGRESSIONAL RECORD — HOUSE May 4, 2011 energy resources from reaching the Democratic colleagues in the House as Finally, with regard to the bills that American marketplace. H.R. 1032, the well as our Democratic colleagues in were just announced during the middle RELIEF Act, doesn’t stop people from the Senate, as well as the Obama ad- of this discussion about drilling in the having their day in court. But what it ministration, we can be a secure Na- Gulf of Mexico, the Democratic Party would do is it would allow the environ- tion, we can be energy independent. We wants to make sure that that drilling mental wackos that are trying to stop must. And it’s up to the American peo- is done safely; the President wants to energy production here in this country ple to demand it. make sure that drilling is done safely. from having this endless plethora of I yield back the balance of my time. And what we have suggested, that lawsuits that stop the permitting and f when these bills come to the floor, they stop the production. be amended so that the recommenda- What it would do is it would require REPORT ON RESOLUTION PRO- tions made by the commission that that all lawsuits be filed within 60 days VIDING FOR CONSIDERATION OF studied the blowout on the BP plat- and that the courts would have to have H.R. 1229, PUTTING THE GULF OF form, that those safety recommenda- a determination or solution to that MEXICO BACK TO WORK ACT, tions be put into the law. I guess that’s case within 180 days, and that if the AND PROVIDING FOR CONSIDER- not such a bad idea, but I want to just district court ruling was appealed, that ATION OF H.R. 1230, RESTARTING get that out here just so we have some it would go to the Supreme Court and AMERICAN OFFSHORE LEASING understanding about what was dis- the Supreme Court would have a ruling NOW ACT cussed over this last hour. within another 180 days. It would also Mr. BISHOP of Utah (during the Spe- But what I really want to do—and I allow some relief from the frivolous cial Order of Mr. BROUN of Georgia), see my colleague from South Carolina lawsuits by allowing the prevailing from the Committee on Rules, sub- (Mr. CLYBURN) here—is focus on an ex- party to be able to seek legal fees and mitted a privileged report (Rept. No. traordinary and extremely important other expenses under the Act. This is 112–73) on the resolution (H. Res. 245) event that took place on Sunday, the kind of bill that we need to pass. providing for consideration of the bill American time, and Monday, Pakistani I’ve been asking Members of Congress (H.R. 1229) to amend the Outer Conti- time. The United States persevered for to cosponsor this because we need to nental Shelf Lands Act to facilitate the a decade to get Osama bin Laden. The pass this kind of legislation. safe and timely production of Amer- President of the United States, Barack We hear from our colleagues, Let’s ican energy resources from the Gulf of Obama, was determined during his stop the subsidies to the big oil compa- Mexico, and providing for consider- campaign for Presidency and in the nies with all their billions of dollars of ation of the bill (H.R. 1230) to require very first moments of his Presidency profits. I would like to stop subsidies the Secretary of the Interior to con- that he would focus like a laser beam to everything, including ethanol, which duct certain offshore oil and gas lease on getting Osama bin Laden. It took has not made sense. I’m a good south- sales, and for other purposes, which some time. It took an extraordinary ef- ern boy. I love my grits and cornbread. was referred to the House Calendar and fort by the intelligence community, by And it makes no sense to me to drive ordered to be printed. the military, by this Congress in pro- down the road burning up my grits and f viding the necessary support and by cornbread in my Yukon. It’s destroying our colleagues in other branches of engines, it’s destroying food prices, it’s b 1830 government to get the job done. It was destroying jobs here in this country. JUSTICE IS SERVED: THE DEATH accomplished, and finally that banner We need to stop all of this. We need to OF OSAMA BIN LADEN on that aircraft carrier has real mean- start developing our own energy re- ing—Mission Accomplished. sources. The SPEAKER pro tempore. Under Mission Accomplished. Osama bin Mr. Speaker, what can the American the Speaker’s announced policy of Jan- Laden is no more. The man that was people do? What American people can uary 5, 2011, the gentleman from Cali- responsible for the biggest mass mur- do is contact their Members of the Sen- fornia (Mr. GARAMENDI) is recognized der ever in this Nation’s history is no ate and the House and demand that we for 60 minutes as the designee of the more. President Obama, we thank you. start producing American energy. minority leader. We thank the men and women of this America is not secure as a Nation be- Mr. GARAMENDI. Thank you very military and the intelligence commu- cause we’re not energy secure. We’ve much, Mr. Speaker. nity that made this happen. We ap- got to start developing our own energy I want to really focus today on an ex- plaud the courage of all that were in- resources here in America. All of them. traordinary event that took place on volved and the wisdom and the deter- We need to have an all-of-the-above en- Sunday, that is, American time, but mination to get the mission accom- ergy policy. It’s up to the American before I do that, I just want to take a plished. people to demand that from their Mem- couple of minutes having sat here lis- Let me now turn to our colleague bers of the House as well as the Senate. tening to the last 45 minutes on energy from South Carolina (Mr. CLYBURN). Former U.S. Senator Everett Dirksen policy, just a couple of things. Mr. CLYBURN. Thank you so much. one time said when he feels the heat, The President is not suggesting that Thank you for yielding me the time. he sees the light. The American people we raise taxes on fuel but that we Mr. Speaker, I rise to commend and absolutely must contact their Senators eliminate subsidies to the oil industry give thanks to all those who played and Congressmen to say: We need that has received, for a century, Amer- roles in the operation that resulted in American energy. We’ve got to start ican taxpayers’ support, and those sub- the death of Osama bin Laden. developing our own energy resources— sidies are no longer needed given the First and foremost, President Obama all of the American energy resources— extraordinary profits that they are who came into office determined to coal, oil, natural gas, wind, solar, nu- making. We ought to also consider that renew the focus on Osama bin Laden, clear energy. Every single energy re- last year, ExxonMobil paid zero Fed- and he has delivered. His gutsy deci- source. It’s absolutely critical. It’s eral income tax, yet they had billions, sion to proceed with the raid as he did, critical for us to lower the cost of about $11 billion, of profit. as opposed to striking the compound American energy, lower the cost of gro- The second point, the oil production from the air, will go down in history as ceries in the grocery store and in res- in the Gulf of Mexico is up this year one of the great Presidential decisions taurants, lower the cost of all goods compared to the previous year, and of all time. and services by lowering the cost of en- even though there is more production Next, the Navy SEALs who carried ergy production, make us secure as a of oil out of the Gulf of Mexico, we’ve out the mission. Their unparalleled Nation. It’s up to the American people still seen this spike in gasoline prices. courage, dedication, and physical and to demand it from your Member of So the notion that somehow more drill- mental strength are truly awe inspir- Congress, from both your U.S. Senators ing in the Gulf of Mexico will drive ing and were crucial for the success of as well as U.S. House Member. If we get prices down is just not the case, be- the operation. enough heat upon Members of Con- cause we’ve seen more production and We have been trying to eliminate the gress, particularly heat upon our yet a spike in prices. threat to our homeland since 1993, and

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.102 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3051 the effort has continued unabated as sure that weighed heavily on their Mr. GARAMENDI. So what we have the White House and the Congress have minds. here is another way in which the Amer- switched hands several times. But nevertheless, the President made ican Armed Forces, in the many dif- While nothing can bring back the a very, very courageous decision to ac- ferent ways, in the case that you lives lost in the World Trade Center cept the risk of failure and quite pos- talked about, the role of the Special back in 1993, our Embassies in Nairobi, sibly to succeed in finally dealing with Forces, the special operations, and the Kenya, and Dar es Salaam, Tanzania, the mass murderer Osama bin Laden. SEALs that actually participated, car- the USS Cole and the Twin Towers on We must keep in mind that it wasn’t ried out the mission, and the aircraft September 11, last Sunday’s events just Americans who were murdered carrier, and then in between the Air serve as a modicum of closure for many here on the shores of this Nation, but Force and the Army, all of them play- Americans and should be a reminder to in Pakistan and in other countries ing a role. It’s an extraordinary exam- those who wish to do us harm that around the world, al Qaeda murdered ple of the way in which military power, America does not waver in the pursuit far more people in those countries. properly focused on a very important of justice. I notice now that I’m joined here by task, is able to carry it out. God bless the brave men and women, my colleagues. I’d like to turn to my Mrs. DAVIS of California. Yes. and their families, who work every day colleague from San Diego. SUSAN, if I think the other thing that we real- to protect our Nation and its people. you would care to join us, thank you. ize, and those of us in San Diego are so Before closing, I want to also thank Mrs. DAVIS of California. Thank aware of our Navy, but all the other CIA Director Leon Panetta and all the you. I’m delighted to join you, and I agencies that work well together, unsung heroes in our intelligence com- want to thank you so much for taking that’s important. And over the years it munity who do their work anony- this time today. hasn’t always been that way at the We know that the events that oc- mously and seldom receive deserved ac- level that it is today, and I think curred just a few days ago were really colades. Their families sacrifice im- that’s why they were so successful. And the result of multiple government mensely so that they can serve our as we’ve had an opportunity to read agencies working together over a num- country. newspapers throughout this country ber of years, but today, at this time, I God bless the United States of Amer- and to have some opportunity as well want to rise to honor one of our Na- ica. Thank you. to speak to the people who were key in tion’s finest fighting forces, our Navy Mr. GARAMENDI. Thank you very carrying out this operation, that’s SEALs. something that they’re very proud of, much, Mr. CLYBURN, for your heartfelt My district is home to Coronado, that the communication, that the—we and very, very appropriate words. which houses both the Coronado Naval The mission that was carried out was use the word ‘‘synergy’’ a lot, but peo- Amphibious Base, where all SEALs un- ple came together on many different not something that came about just in dergo basic training, as well as the a matter of days. It had been planned levels and, quite honestly, it’s some- Naval Special Warfare Command; and thing that probably would not have over the course of many, many years, over the years, I’ve had the pleasure of and, with determination, the intel- been possible quite a number of years meeting these brave young SEALs who ago, but it is today. And I think that ligence community, led by most re- are willing to do a job that most of us it’s something I hope that our enemy is cently Mr. Panetta, worked tirelessly would rather not even imagine, and, paying attention to because we are a to track down Osama bin Laden. It quite frankly, we can hardly imagine lot abler, a lot more smart, a lot more took a great deal of time and many, many of the things that they’re asked capable of carrying out these kinds of many years but ultimately succeeded to do. And, you know, the most amaz- activities, and it should make those in ways that the news media is now being thing to me is they do this job so who want to do us harm think twice. ginning to report. We can only give quietly. They really don’t talk about Mr. GARAMENDI. Absolutely cor- thanks and congratulations to that their work, but you can see it often on rect, and I thank you so very much for part of this mission and their deter- their faces and the fact that they are your participation tonight in honoring mination and steadfastness to stay on very proud of what they do and they and congratulating President Obama the track, to follow every lead and to are very proud to be Americans. and the special operations and the find every stone that needed to be These men ask nothing in return for American intelligence community for turned over so that ultimately success the work that they do, a quality that I what they were able to accomplish. Fi- could be had in locating Osama bin certainly admire in them, not only nally, mission accomplished. Laden. among our Special Forces but among I’d like now to turn to our new col- I think we all now know a great deal our brave men and women in uniform league just a little less experienced more about Abbottabad and what it is, across the services. than myself, Mr. CLARKE from the a community, not large, but what was So I rise to say a very big and grate- State of Michigan and the city of De- this strange new compound doing in ful thank you. You ably and swiftly re- troit. that particular location? We found out moved one of the most heinous crimi- Mr. CLARKE of Michigan. Thank precisely what it was doing and we nals this world has ever seen, and I you, Representative GARAMENDI. took the steps necessary. simply want to say thank you to our I, too, want to commend the Obama I think all of us have seen pictures of SEALs for a job very well done, and administration, our military forces, the Situation Room at the White I’m very proud to represent you. Hoo- the national security and intelligence House, with American leaders sur- yah. team for mission accomplished by tak- rounding a table, looking at the tele- Thank you. ing out America’s public enemy num- vision screens, watching in real time Mr. GARAMENDI. Thank you very ber one, Osama bin Laden. And while I what was going on half the world away. much, Representative DAVIS. I share believe it’s important that we continue I think all of us could see the concern your enthusiasm. Not too long ago, I to work to eliminate terrorist breeding on the faces of those leaders, the Presi- also represented San Diego but in a dif- grounds and safe havens for terrorism dent, the Secretary of State, Mr. Pa- ferent role, not as a Representative but that exist in foreign countries, because netta and others who were there who as Lieutenant Governor. bin Laden is now gone, this is the time had spent their previous hours pre- Indeed, Coronado is an extraordinary to reassess our mission in Afghanistan. paring for the mission and making a place, and the naval forces that are For example, we’ve been spending in very difficult decision. such a prominent part of San Diego did recent years in total military and ci- play a role in this in many, many vilian aid to Afghanistan approxi- b 1840 ways. I was trying to recall whether mately $100 billion. That’s billion with They knew that this was an ex- the aircraft carrier that ultimately did a ‘‘B.’’ We could take a share of that tremely risky program that could quite the final burial at sea was stationed in money, a share of those billions, redi- possibly fail, and I’m sure they had the San Diego. I think it was a San Diego rect it to the United States to better failure of the mission that President aircraft carrier. protect Americans right here at home, Carter ordered three decades before to Mrs. DAVIS of California. Yes, it invest that money in homeland secu- go into Iran to rescue the hostages, I’m was. rity, for sound intelligence, to better

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.103 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3052 CONGRESSIONAL RECORD — HOUSE May 4, 2011 protect our borders, and also to support with our economy. And you’re quite hope the President will heed the call of our first responders. And what I’m correct about the allocation of re- people all over the country and, I talking about is our local police offi- sources. would say, all over the world to do pre- cers, our local firefighters, our emer- I notice that New Jersey and RUSH cisely that. gency medical providers. They need re- HOLT, who has been a stalwart in deal- As we celebrate the courage and the sources now because State and local ing with the policies of protecting work of the Special Forces, we must governments really don’t have the America in many ways, energy policy also talk about the intelligence serv- money to properly fund those oper- and the rest, has joined us. Mr. HOLT, if ices, where they combine enormous ations. They need money. They need you would care to join in and share skill and brain power and perseverance our support because our local police your thoughts on this most important and, yes, courage. They are frequently and fire, that’s our first line of defense event, the elimination of the world’s only one intelligence leak away from against terrorism here in the United greatest mass murderer. losing all their work or sometimes States. Let’s return some of that Mr. HOLT. Thank you, Representa- their lives. money here to protect Americans in tive GARAMENDI, and thanks for setting The fact that this has taken more the homeland, because it’s American aside some time tonight to recognize than a dozen years since the bombing tax dollars in the first place that we’re this work by some great patriots. When of the embassies to track down bin spending in Afghanistan. I heard the news on Sunday, my Laden and his evil operations empha- Similarly, we spend billions of dol- thoughts turned immediately to those sizes the need for full reliable coopera- lars in economic assistance to help re- harmed by bin Laden’s vicious attacks tion with other countries, not inter- build Afghanistan. I am not taking on our embassies, our ships, planes, the mittent sometime cooperation. It great issue with that, but we could World Trade Center, the Pentagon, and should have been, America would have take a portion of that money to help the many thousands of deaths caused wanted, the world would have wanted rebuild our cities, rebuild our manufac- by the havoc he sewed. Our hearts go that this be completed sooner. So we turing capacity, repair our roads and out to those families. need that international cooperation. bridges, build industrial parks and new Certainly in central New Jersey, we This demonstrates it. schools. We’re doing all of this right lost hundreds and hundreds of people As Mr. CLARKE, our colleague, points now in Afghanistan. We can do more of on September 11, but we mustn’t forget out though, the day-to-day protection that right here at home for Americans. those who died in the embassies a cou- of Americans won’t be done by Special So I want to thank, again, the Obama ple of years before that, those who died Forces. It will be done by courageous administration for a job well done, tak- in the wars that followed. Middletown, Americans who do the right thing day ing out our number one public enemy. New Jersey, lost more people on Sep- in and day out, our local first respond- This now provides us an opportunity to tember 11 than any other single town, ers, the investigators. That’s how reassess how we’re spending our money except New York City. They went off most—in fact, nearly all of the poten- overseas, especially in Afghanistan, to to work, not understanding that this tial terrorist attacks that have been redirect more of those funds right here evil was at play, that Mr. Bin Laden beaten, undone, have been uncovered. at home because Americans, we need was plotting just the most dastardly So this is sobering to think about it. It’s our money in the first place. thing that you can imagine. what we have in front of us yet, but we We can create jobs if we invest some America’s military and intelligence know we have good people working on of that in manufacturing, invest some services demonstrated why they are it. We saw that this past week, and we of that in cities like the city of Detroit known as the best in the world. Bin celebrate them and congratulate them which are the basis of our manufac- Laden’s removal was of course not im- and our leaders for carrying it out. turing capacity, those types of indus- mediately the end of the threat of ter- Mr. GARAMENDI. Mr. HOLT, thank trial cities all around the country. And rorism against the United States, but you very much. we know we need the industrial parks his death represents a crippling blow to A couple of things about your discus- and schools. the organization responsible for these sion really struck me as being very, Afghanistan, yes, we’re rebuilding many attacks over the last 13 years. It very important. You reminded us of that infrastructure there. Let’s do the really is appropriate that we congratu- the men and women that died not only same thing. Let’s do more of that right late President Obama and the dedi- on September 11, the impact on the here in the United States. That’s how cated and brave members of our mili- community that you represent there in we can help all of us make it in Amer- tary and intelligence services for act- New Jersey, and other communities ica, and that makes the world a better ing as they did. but also the fact that men and women place to live. The President showed that he under- died in the previous attacks that were stands intelligence efforts and military sponsored and planned by al Qaeda. b 1850 operations, and the Special Forces You also reminded us that there were Finally, the real homeland security showed that they have skills and equip- men and women not of this country but comes from within. When you take ment like no others. The hunt for of other countries, Kenya, Tanzania, care of Americans and you make Amer- Zawahiri and other al Qaeda leaders Iraq, Pakistan, and other countries, ica stronger, that’s the best way to will continue. I suspect that the infor- that were also the victims of the vi- fight off terrorists. The best way to de- mation gathered in the assault on bin cious evil attacks that were planned fend ourselves against a threat that Laden this week will speed that search. and carried out by al Qaeda. comes from overseas is to make sure I spent a number of years on the Intel- It’s not just Americans that were the that we are as strong as possible right ligence Committee here in the Con- targets of this organization. And you here at home. Let’s return some of that gress and learned a great deal about also reminded us of the importance of money to help serve Americans be- the dedication and skills of these peo- our own first responders and police and cause, again, it’s American tax dollars ple that work behind the scenes. others here in the United States. We in the first place. I appreciate you giv- When the United States began its know that the reach of al Qaeda is not ing me this opportunity to speak on military campaign in Afghanistan just Afghanistan, Iraq, Pakistan. It in- these issues. nearly a decade ago, our goal was to cludes Yemen and Somalia and other Mr. GARAMENDI. Thank you very bring to justice bin Laden and other al countries and America, that there are much, Mr. CLARKE. Qaeda leaders that were responsible for Americans that have been radicalized Your concern about the economy of the attacks. It’s worth noting that the by the message. We need to deal with Detroit and, in a larger sense, the econ- senior most al Qaeda leaders have been that and address those individuals and omy of the United States is very, very captured or killed not in Afghanistan organizations that may exist within well founded. There is no doubt that but in Pakistan. That fact only rein- our own country. the economic and social strength of forces my conviction that the time has Mr. HOLT. If the gentleman would America is the foundation upon which come for the United States to begin a yield, I will add one more comment every other aspect of the war on ter- swift and orderly withdrawal of our which is, I hope that this will bring the rorism must be fought. We have to deal combat forces from Afghanistan, and I world closer together. The recognition

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.105 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3053 that the killings, the evil worked by were when we heard the news, how we Finally, I believe that all Americans this man affected many thousands— were riveted to watching the horror are rightly impressed and grateful by really, hundreds of thousands around unfold, explode in D.C., at the Pen- the tireless work done every day by the world. I’m sure many of these peo- tagon, and New York City and in members of our intelligence and our ple are grateful to families of those Shanksville, Pennsylvania. military communities. Indeed, it was who have been killed in other coun- And I acknowledge that this was clo- that relentless hard work that tracked tries, and so forth, are grateful for the sure for those families who have suf- down bin Laden and countless others of actions of these brave Americans. But I fered and continue to suffer, and a good his ilk. The dedication, the sacrifice of hope that what this does is bring the thing that they have seen this person, these men and women and that of their countries of the world and the peoples this evil man brought to justice. But it families have been so critical to keep- of the world more closely together in doesn’t lessen their sorrow and their ing our country safe. It is a duty that’s fighting such evil. loss, and we’re mindful of that. And it been particularly heavy in the days Mr. GARAMENDI. If I might take it comes back again to remind us that we since 9/11. from there, you reminded me that in have not, by any stretch, ended the It’s easy for us to go about our life the newspapers here in Washington and threat of terrorism, and we must re- and to resume our normal ways of liv- I think across this Nation, there was main vigilant. ing, but not for them and not for their what we call an op-ed, an article that Mr. HOLT talks about all of the New families. And now, as this has oc- appeared on the editorial pages written Jerseyans who lost their lives that day. curred, we really want to call to mind by the President of Pakistan who con- And it was concentrated in our metro- all those who serve our country, at gratulated President Obama and the politan areas surrounding New York home and abroad in the military, wear- United States for ridding Pakistan of a City. But these were trans-country ing the uniform for love of country, for terrible problem. flights, and some of the passengers their patriotism. And we owe them so were bound for the west coast, and much. Their service in Iraq and in Af- b 1900 some of them were my constituents as ghanistan, whether we agree with the I thought that that was a remarkable well as, I don’t know about Mr. engagement or not, they are serving article that he wrote. He noted that his GARAMENDI, but others in California I their country. And this has been noth- own wife was the target of al Qaeda, know, lost their lives and those fami- ing short of amazing. not once, not twice, but three times. lies are still grieving. So my heart goes I think of my own naval base, Ven- The final effort resulted in her assas- out to them this evening. tura County, where the Seabees ship sination. But I want to acknowledge also the from, and the work that they have So the point that you made about comments and the contribution from done and continue to do reconstructing bringing all of us closer together to our colleague from Detroit, HANSEN the war-torn areas and assisting the deal with terrorism, wherever it may CLARKE, who acknowledges for us all, folks in Iraq and Afghanistan and re- be, and whatever rationale it may per- which I am very mindful of, that our building their lives. ceive itself to have, is a threat to every need to remain vigilant includes our I think of the Air Force base at peaceful person and every country that homeland security. And that goes im- Vandenburg, which I’m also privileged desires peace. Point well made and well mediately to the role that our first re- to represent, where so much of this in- taken, Mr. HOLT. Thank you so very sponders play, and the responsibility telligence comes from as our oper- much for joining us this evening. that we have in this body to make sure ations are carried out with such preci- You’re welcome to stick around and that our front line defense in our cit- sion and such skill. The multiple tours join us after we hear from my col- ies, in our rural areas, in our vulner- of duty, the extended tours, the time league from the State of California, able places that we’re all mindful of away from family and friends, the dan- LOIS CAPPS, who represents the Santa now with the heightened security, be- ger that goes along with every deploy- Barbara region of the Golden State. cause we know that this event that ment. These burdens are, quite frankly, Mrs. CAPPS. Thank you, Mr. happened just so recently is going to something that most of us don’t think GARAMENDI, for yielding me time and have some kind of effect, and we need about enough. So much of what these for organizing us to have this conversa- to be even more on guard. brave men and women do goes unno- tion and this opportunity to pay trib- But every day we want and need our ticed and uncommented upon. ute this evening. first responders to be there in our So, tonight, as we pay tribute to the I rise, like my colleagues have risen, homes guarding our streets and guard- courageous Navy SEALs who stormed to commend the many people involved ing our communities and making sure that compound in Pakistan, I want us in bringing Osama bin Laden to justice. that we’re safe. And we have a respon- all to recognize the daily sacrifices of From all accounts, and from what we sibility to see that they have the re- all of their brothers and sisters in heard from Director Panetta yester- sources to do that. arms, in the intelligence communities day, it was a meticulously planned and On the other hand, disrupting the op- and serving in uniform. Let us thank executed operation. I commend the erations of this murderous group is them for the service that they have President and his national security such an important step to safeguarding given and do give to us. Thank them team for their focus. our country. for carrying out their duty to serve When the President was running for But, Mr. Speaker, my main reason their fellow citizens every single day, office, he said that if he were presented for wanting to contribute and add to and thank them also for calling to with actionable intelligence on al this discussion this evening is what I mind for us that they do this, not as Qaeda’s leaders, that he would act, feel is our important duty to pay trib- Democrats or Republicans. They do with or without the host country’s per- ute to these Navy SEALs who pulled this in service to their country. mission or assistance. He got some off this operation and to thank them. And I believe that this action, such heat on that commitment, if you’ll re- We don’t know their names. We don’t as we came together in 9/11, calls for us member, my colleague, but it’s clear he want to reveal their identities for the to join together in this Congress and in was correct. safety of their families. But these this country in a call to unity to re- The result is that the perpetrator of brave individuals serve, not for fame, dedicate ourselves to serving our coun- the 9/11 attacks has now been brought not for fortune. They do it in some of try. to justice and the organization he has the most dangerous situations imag- We have many pressing challenges led has been further weakened. inable. They do this service for us to today. Our involvement in Afghanistan And I am so grateful to our colleague protect our freedoms. They do it as is one of them, and it’s a major one, from New Jersey (Mr. HOLT) for calling they did this past weekend and on so and in Iraq as well. But we have our to mind, again, as all of us felt as we many countless other occasions to own homeland with our economic heard the news of Osama bin Laden’s keep our country safe. While we sleep, struggles that calls for us to work to- demise. We were immediately, at least they are on watch. And for that, we gether as well. I was, as well, reminded again of that owe them such a huge debt of grati- So your desire to bring us together, awful day, 9/11 and the image, where we tude. Mr. GARAMENDI, makes me think about

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.106 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3054 CONGRESSIONAL RECORD — HOUSE May 4, 2011 a great many things and, again, to say where you were. We were right in this And it is important for America to how grateful I am that we have taken place. We were meeting and huddled know that there were voices who op- this important step in our war for free- around issues. I remember it as clear as posed decisions that were made. And dom, against al Qaeda, but for freedom day. Small Business. We were not on not in any way to be negative, but they and for this life that we can enjoy in the floor, but we were huddled in a doubted what was being presented. this country. room right underneath this Chamber This was not an easy decision. This was discussing how do we help small busi- b 1910 a courageous decision. This could have nesses. And all of a sudden we heard been a calamity. This could have been Mr. GARAMENDI. Representative such a sound, such a shrill, ‘‘Get out of the worst decision that anyone ever CAPPS, thank you for your words. As here.’’ It was something we had never made. But, fortunately, there was a you were talking, you were talking heard before. President who had a team who came about families. I remember a discus- But I say that only that you would together. And on behalf of the Amer- sion you and I had just a couple hours have thought in that experience, a 21st ican people they acted bravely, coura- ago as we were sitting here in the century experience, that America geously with sensitivity, astuteness, Chamber and you told me about the would have been brought to her knees. talent, genius. And I am so very proud birth of your granddaughter. That was the intent. It was to put us in to stand on the floor today to offer to Mrs. CAPPS. Grandson. Little Oscar such panic and such intense depression the American public my outpouring of Walter. But you are absolutely right. that we can never rise again. And congratulations to each and every one. Mr. GARAMENDI. Congratulations many of us who have flown into New I close with this. I don’t know all of on that. Our own tenth grandchild was York over the years always remember the facts, but I understand that one of born just 8 months ago. And I was the very special view of the two towers. those actors, one of those military per- thinking about them in the context of So come now almost 10 years later, sonnel may have been the child of an what has happened this last week and 2011, and as each President talked immigrant family, a recent immigrant about what we here in Congress, the about making sure that they would family. How great it is to be able to people’s House, representing 350 mil- find Osama bin Laden, even as Presi- take those young people who love this lion, 360 million Americans, about the dent Clinton experienced the first country and let them serve this coun- task that we have to assure that those World Trade towers bombing in 1993 try. children of the next generation will and he responded, and even as Presi- Mr. President, in finality, never give have a world that is peaceful, safe, in dent Bush made the comment of going up, never give in, and never give out. which they can live out their dreams as to get him, we are so grateful that in You are serving the American people, we have been fortunate enough to do all of those disappointments of not and as Commander in Chief we salute ourselves. finding Osama bin Laden, that America you. I notice that an extraordinary never gave up. To all of those who worked, the mili- woman like yourself, Mrs. CAPPS, has So today I am delighted to join you tary, the national security team, the joined us representing the great State to salute and honor all of the prin- intelligence community, JSOC, Sec- of Texas, SHEILA JACKSON LEE. I think cipals that were involved: President retary of State, Secretary of Defense, you would like to make some com- Barack Obama, his national security and others not named, we thank you, ments on the subject of the extraor- team, the Joint Special Operations because we realize that you stand in dinary courage that our President and Command, JSOC, the Navy SEALs, and the shoes of those men and women that our intelligence and our military have all of the courageous men and women are forever brave. To their families I displayed this last few days. of the United States military as we say thank you, and to this leadership I Ms. JACKSON LEE of Texas. I thank were detailed this very intricate and say thank you. the distinguished gentleman from Cali- very, very difficult and dangerous mis- I would like to congratulate President fornia, and would say to him what a sion, how proud we were to understand Obama, his National Security team, the Joint contributor he has been to really im- the willingness of the Navy SEALs to Special Operations Command (JSOC), the proving the lives of all Americans. I sacrifice or to stand up and say, ‘‘Let Navy SEALs, and all of the courageous men have enjoyed coming to the floor and me be counted.’’ and women of the armed forces and intel- engaging in important discussions on I am hoping that we will have an op- ligence agencies that contributed to the suc- behalf of our colleagues. Really, we are portunity to debate a resolution on the cessful implementation of the mission that led speaking to our colleagues. And we floor of the House. I am hoping that we to the death of Osama bin Laden. I would also hope that all of those that are rep- will be able to do it in a bipartisan like to congratulate President Obama on his resented by the many colleagues here manner. I have introduced H. Res. 240 successful policies on the war on terror and in would realize, when we are on the floor, with 50 Members of Congress now join- homeland security. we are trying to help set policy to im- ing in and asking for what might be a President Obama’s leadership, resolve, and prove the lives of Americans. waiver this one time to allow us on perseverance led to the killing of Osama bin We traveled just 2 or 3 days ago to this historic opportunity to debate on Laden, the man and symbol of evil behind the another exciting venture, and that was the floor of the House as our friends September 11 terrorist attacks. of course the set time for Endeavor to have in the other body. The death of Osama bin Laden has been a launch into space. And I think it con- But even as we speak tonight, and I crowning moment in our Nation’s war against nects very well. I enjoyed meeting your want to thank our leader Congress- terrorism and has sent a clear and significant wife and having discussions about how woman PELOSI for having the insight message to terrorists around the world that great America is, and as well knowing knowing that Members wanted to come the United States will not cease in our pursuit that our dear friend and colleague was and to express themselves. So let me of justice for those terrorists who seek to do able to travel, Congresswoman GIF- just quickly say these words as I come harm to this Nation and its citizens. FORDS, and that a Texan, her husband, to a close. Following the death of Osama bin Laden, was going to be the commander of En- I like this comment. ‘‘The world is the family and friends who lost loved ones in deavor. We looked forward to it going. safer without bin Laden,’’ says Obama. the terrorist attacks on September 11 are able But I mention that because of course President Obama. And then this other to achieve a greater sense of comfort and clo- many of the astronauts are military comment that I think is so very impor- sure. personnel. And I could imagine when tant speaking about this Nation and After months of meetings with the National President Kennedy challenged us to go recognizing how we have never given Security Council and intelligence officials, led into space, into outer space, which up, the President has indicated that by President Obama who directed intelligence seems like a fiction but was real, no this is a country that is continuously officials to zero in on Osama bin Laden’s later than 1969 we landed on the Moon. resilient. And as we are resilient even whereabouts, intelligence officials devised and This is a great country, and we have in the face of obstacles and the contin- carried out a clandestine operation which had the ability to be resilient and per- ued threat from the USS Cole that hap- frequently been rehearsed in an effort to mini- sistent. pened, from the bombing in Africa, the mize casualties, both civilian and military. As all of us reflect on where we were embassies that were bombed, all of As Commander-in-Chief, President Obama on 9/11, and I know that you could say those incidents, and we never gave up. gave the final authorization to commence the

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\K04MY7.108 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3055 operation to capture or kill the most wanted Rep Boswell, Leonard L. [D–IA–3]—5/3/2011 * noticed that an extraordinary leader terrorist in a manner that would provide proof Rep Chandler, Ben [D–KY–6]—5/3/2011 * had joined us here on the floor of the that the right man was captured or killed. Rep Cohen, Steve [D–TN–9]—5/3/2011 * House, a leader who, in her own way, Rep Cuellar, Henry [D–TX–28]—5/3/2011 * The highly trained and brave members of Rep Cummings, Elijah E. [D–MD–7]—5/3/ set a very unique circumstance for the Navy SEAL Team and intelligence officials 2011 * America—the very first woman Speak- that entered the compound did so under the Rep Dicks, Norman D. [D–WA–6]—5/3/2011 * er of the House, who led this Chamber highest levels of patriotism and service to the Rep Gonzalez, Charles A. [D–TX–20]—5/3/ and this Nation to accomplish tasks United States of America, and they were suc- 2011 * that had not been accomplished in the cessfully able to identify and kill Osama bin Rep Hinojosa, Ruben [D–TX–15]—5/3/2011 * previous 40 years but which were high- Laden with no military losses and minimal ci- Rep Hoyer, Steny H. [D–MD–5]—5/3/2011 * ly desired by the United States citi- Rep Jones, Walter B., Jr. [R–NC–3]—5/3/ vilian casualties. 2011 * zens: a health care plan that would pro- Upon hearing the news of Osama bin Rep Kaptur, Marcy [D–OH–9]—5/3/2011 * vide service to nearly every American, Laden’s death, there was an incredible out- Rep Kingston, Jack [R–GA–1]—5/3/2011 * Wall Street reform, and women’s rights pouring of unity and defiance of the terrorists Rep Lance, Leonard [R–NJ–7]—5/3/2011 * in the workplace. It was a privilege for who still seek to destroy our free way of life, Rep Larson, John B. [D–CT–1]—5/3/2011 * me to join during the time she was the and there was an impressive show of unity Rep Lewis, John [D–GA–5]—5/3/2011 * Speaker. Now she is the leader of our amongst lawmakers regardless of party affili- Rep Lipinski, Daniel [D–IL–3]–5/3/2011 * caucus, Congresswoman NANCY PELOSI. ation. Rep Loebsack, David [D–IA–2]—5/3/2011 * Rep Lynch, Stephen F. [D–MA–9]—5/3/2011 * Ms. PELOSI. I thank the gentleman President Bill Clinton led the Nation during Rep Maloney, Carolyn B. [D–NY–14]—5/3/ for yielding and for his very kind the terrorists’ attacks on the USS Cole, United 2011 * words. I thank you for yielding your States embassies, and the first attack on the Rep Matheson, Jim [D–UT–2]—5/3/2011 * Special Order that you have practically World Trade Center and President George W. Rep McCaul, Michael T. [R–TX–10]—5/3/ every night that Congress is in session Bush led the Nation during the September 11 2011 * to talk about jobs for the American terrorist attacks, and both leaders pledged to Rep Rangel, Charles B. [D–NY–15]—5/3/2011 * Rep Reyes, Silvestre [D–TX–16]—5/3/2011 * people and to, instead, allow us to use defend freedom and seek justice for the hor- this time to come to the floor to say, rendous attacks on the United States of Amer- Rep Richardson, Laura [D–CA–37]—5/3/2011 * Rep Ross Mike [D–AR–4]—5/3/2011 * ‘‘Hail to the chief. Congratulations and ica, and President Obama had the strength Rep Ruppersberger, C. A. Dutch [D–MD– thank you, President Obama. Many of and wherewithal to see that pledge through to 2]—5/3/2011 * us in Congress come together in appre- fulfillment. Rep Schmidt, Jean [R–OH–2]—5/3/2011 * ciation of your leadership, your deter- Osama bin Laden was the symbol and in- Rep Serrano, Jose E. [D–NY–16]—5/3/2011 * mination, and your commitment of re- spiration for terrorism which resulted in acts of Rep Shuler, Heath [D–NC–1 1]– 5/3/2011 * Rep Smith, Adam [D–WA–9]—5/3/2011 * sources in the fight against Osama bin violence around the world. His actions resulted Laden.’’ in the murder of thousands of America civil- Rep Smith, Adrian [R–NE–3]—5/3/2011 * Rep Tierney, John F. [D–MA–6]—5/3/2011 * I am pleased to join so many of my ians and the men and women of the United Rep Vela´ zquez, Nydia M. [D–NY–12]—5/3/ States military. I believe that the strategic, colleagues who have come to the floor 2011 * to express their appreciation for this successful operation which led to his death Rep West, Allen B. [R–FL–22]—5/3/2011 * should be commended along with the impor- Rep Wilson, Joe [R–SC–2]—5/3/2011 * historic achievement. We all know that tant leadership of President Obama, who Rep. Eleanor Holmes Norton (DC) the death of Osama bin Laden is not worked with his national security team and ul- Rep. Jim Himes (CT–4) the end of terrorism, but it is a signifi- timately authorized this mission. Further, I Rep. David Cicilline (RI–1) cant step. It sends a clear message that want to honor and recognize all of the men Rep. Anna Eshoo (CA–14) the American people will pursue jus- Rep. James Moran (VA–8) tice. and women of the military and the intelligence Rep. Adam Smith (WA–9) agencies that contributed to the successful im- Rep. Jim Costa (CA–20) I would also like to express my grati- plementation of this mission. Rep. Alyson Schwartz (PA–13) tude to our former Congressman col- This completed mission shows the resilience Rep. Joe Courtney (CT–2) league but now Director of the CIA and of the American people and the American gov- Rep. Madeleine Bordallo (GU) soon to be the Secretary of Defense, ernment to find the man that caused such Mr. GARAMENDI. Thank you very Leon Panetta. He was tasked by the death and brutality. Now, we hope that our much, Ms. LEE. Your comments are so President and named by the President ideals of democracy, justice, and freedom will well taken and so well said. in his remarks on Sunday evening as prevail so that peace can come to the world. I was thinking earlier when I was the person who had the responsibility BILL SUMMARY AND STATUS talking about the Situation Room and to get the job done. H. RES. 240 what led up to the actual moment that Our colleague Congresswoman JACK- Latest Title: Commending President the program was being carried out, the SON LEE has referenced the entire na- Barack Obama and the men and women of extraordinary and very difficult deci- tional security team, some specifically. the military and intelligence agencies for sion that the President had to make. I want to associate myself with her the successful completion of the operation But it was a decision that he had made comments in that regard: the Presi- that led to the death of Osama bin Laden. months and years earlier when he dent’s national security team and the Sponsor: Rep Jackson Lee, Sheila [D–TX– spoke to the American people as he was 18] (introduced 5/3/2011) Cosponsors: 40 Special Ops team—the men and women Committees: House Armed Services; House asking them for their vote to become in uniform and our officers in the intel- Intelligence (Permanent Select); House President that he was going to focus ligence community. It is a testament Homeland Security like a laser on the man that caused the to their professionalism, their preci- Latest Major Action: 5/3/2011 Referred to problem; that he was going to go wher- sion, and their talent that no American House committee. Status: Referred to the ever it may take and do whatever is lives were lost in this action; but it is Committee on Armed Services, and in addi- necessary to settle the score and to indicative of, again, the contribution tion to the Committees on Intelligence (Per- bring to justice Osama bin Laden. And manent Select), and Homeland Security, for that they and their families make to a period to be subsequently determined by when the moment came, when the in- help us uphold our oath of office to pro- the Speaker, in each case for consideration formation was presented and all of the tect and defend. That’s what we take of such provisions as fall within the jurisdic- potential disasters that could occur, an oath of office to do. international relationship issues, loss tion of the committee concerned. We recognize that this achievement COSPONSORS, ALPHABETICAL [*= origi- of men, and even thinking back on the was not just the goal of President nal cosponsor]: Jimmy Carter incident in Tehran, he Obama’s, who said as candidate Obama Cosponsor Statistics: 40 current (includes stuck by his determination and com- and as President, If I have actionable 40 original) pleted a mission that was accom- Rep Barrow, John [D–GA–12]—5/3/2011 * intelligence on the whereabouts of plished. Rep Bass, Karen [D–CA–33]—5/3/2011 * Osama bin Laden, I will act upon Rep Berkley Shelley [D–NV–1]—5/3/2011 * b 1920 them—and act upon them he did. Rep Bishop, Sanford D., Jr. [D–GA–2]—5/3/ 2011 * As you were talking and as I was lis- I called both former President George Rep Boren, Dan [D–OK–2]—5/3/2011 * tening to your very fine presentation, I W. Bush and President Clinton to

VerDate Mar 15 2010 04:36 May 05, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A04MY7.042 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3056 CONGRESSIONAL RECORD — HOUSE May 4, 2011 thank them for their work in this re- It is with gratitude that I and my Mr. Speaker, I know that you know gard. In the ’90s, President Clinton de- colleagues congratulate all who were that it is no secret that America is clared Osama bin Laden to be Amer- involved in bringing to justice Osama still emerging from the recent eco- ica’s ‘‘public enemy number one.’’ He bin Laden. A job well done. Mission ac- nomic downturn. We still grapple with saw that danger long before 9/11. Then, complished. high unemployment rates and our na- of course, following 9/11, President Thank you very much, Mr. Speaker. I tional debt. We are doing better than Bush tried to pursue Osama bin Laden. yield back the balance of my time. we were doing 2 years ago, but we have Their work was important, but I am f to do much better, and we will do much here to commend President Obama in better, because we are Americans. That DIALOGUE WITH THE AMERICAN particular for executing the plan to get is our history. That is what we do. it done in recognition of the foundation PEOPLE We persevered through the Great De- that was laid by President Clinton and The SPEAKER pro tempore (Mr. pression of the thirties and the depres- President Bush. WOODALL). Under the Speaker’s an- sion of the eighties and the recession of When we think of the symbol of nounced policy of January 5, 2011, the yesterday. We supported one another Osama bin Laden and why bringing gentleman from Louisiana (Mr. RICH- and persevered through hurricanes, this to closure is so important, we are MOND) is recognized for 30 minutes. through floods, through tornadoes. We venturing onto sacred ground, 9/11—a Mr. RICHMOND. Thank you, Mr. mourned together and persevered shocking act of terrorism that affected Speaker. through the assassinations of John F. our country very, very deeply, but none I would like to yield such time as he Kennedy, through Robert Kennedy, and more deeply than the families who may consume to the gentleman from through Martin Luther King. We per- were affected by 9/11. We can never Maryland (Mr. RUPPERSBERGER). severed. In addition, I personally re- make them whole. We can never make Mr. RUPPERSBERGER. I thank the member the attempted assassination of up to them all that they have lost, but gentleman for yielding. President Reagan. I remember writing I hope it is some comfort to them that Mr. Speaker, it is an honor to serve President Reagan a get well note in the at least this has happened, however as ranking member of the Intelligence second grade. I even remember getting long it took. They used their grief for Committee. The killing of Osama bin a note back saying thank you. We per- the greater good at the time by sup- Laden is clearly the most monumental severed again. porting the 9/11 Commission to inves- intelligence achievement in recent Fifty years ago today, an interracial tigate why this happened so endan- memory. group of Americans left Washington, gering the lives of the American people Osama bin Laden was a terrorist D.C., on a bus trip to New Orleans with would never happen again. leader who was responsible for killing the goal of desegregating bus termi- I commend the 9/11 families for their thousands of innocent Americans— nals. They were the first Freedom Rid- sacrifice, yes, for their patriotism, and moms, dads, brothers, sisters, friends, ers. They never made it to New Orle- for what they did to make a difference and loved ones. Bin Laden was a threat ans. They were beaten and bloodied as we go into the future. Who knows? to the United States and a threat to throughout the South, but they Maybe the work of the 9/11 Commission the world. He had the blood of thou- sparked off a movement of over 400 contributed to the success of this oper- sands of people on his hands. As we all Freedom Riders with the same goal and ation as well. know, 9/11 changed America forever. the same dogged determination and I know that our time is running out, Over the weekend, our military and perseverance. Eventually our Nation and I just want to close, Mr. Speaker, intelligence professionals took extraor- repudiated segregation and embraced by saying that our colleagues in the United States Senate unanimously dinary steps. They worked together as equality. We persevered. If we are going to shake off this eco- passed a resolution to honor those who a team and killed the al Qaeda leader. nomic downturn, we need to embrace so successfully carried out this mis- It was a risky mission that was exe- the Freedom Riders’ spirit of persever- sion, and I’d like to associate myself cuted with intense training and a high ance and dogged determination. That is with the language of their resolution. level of skill. These professionals so very American. America will only It says in part: risked their lives to keep our country ‘‘The death of Osama bin Laden rep- safe, and no American lives were lost. rise up again on the strength of our resents a measure of justice and relief The men and women who carried out collective ideas. Americans make up for the families and friends of the near- this operation exemplify the extraor- America, the people make up the Na- ly 3,000 men and women who lost their dinary courage of those who serve our tion, and it is the people who will keep lives on September 11, 2001, the men Nation. The countless intelligence and this Nation great. and women in the United States and counterterrorism professionals who Mr. Speaker, the U.S. House of Rep- around the world who have been killed had pursued bin Laden for years have resentatives is the people’s House, and by other al Qaeda-sponsored attacks, the satisfaction of a job well done. I ap- it is time that we listened directly to the men and women of the United plaud them for their persistence and the ideas from the people. States Armed Forces and the intel- professionalism. Mr. Speaker, I am inviting the Amer- ican people to join in this conversa- ligence community who have sacrificed b 1930 their lives pursuing Osama bin Laden tion. Here is how to contact me. Here It was a great day for America. Jus- and al Qaeda.’’ is how to talk to me. Here is how to As they said, the death of Osama bin tice has now been done. But let it be talk to Congress. You can email me at Laden represents a measure of justice. known, we have shown the world that [email protected]. Again, that is With gratitude for this measure of jus- if you come after Americans, we will [email protected]. That is be- tice, I again hail to the chief, President come after you. Even if it takes dis- cause I want to hear your ideas. Or you Obama, for his great work. I thank him ciplined persistence by our intelligence can go to Facebook and follow me or and congratulate him and all who made professionals and considerable time leave a message on the wall, or go to this historic achievement possible. and resources, we will get you. Let Facebook and contact me, or you can Mr. GARAMENDI. Thank you very that be a warning to all members of al follow me and I will follow you on much, Congresswoman and Leader Qaeda and any terrorists who attack Twitter so we can have a free exchange PELOSI. I’ll say, ‘‘Speaker.’’ Is that the United States. Our fight against of ideas. okay? We thank you for your leader- terrorism and those who want to harm Mr. Speaker, I want to give credit ship. We thank you for your remarks. Americans is not over, but we have se- where credit is due. You and the House We have a couple of additional mem- verely weakened al Qaeda. We will re- Republicans last year launched YouCut bers of our caucus who would like to main vigilant as we continue to work based on a similar idea, and I applaud speak. I think we’ve claimed the next tirelessly to protect our Nation. that again. YouCut requested that hour. I believe that it will be available. Mr. RICHMOND. Mr. Speaker, I am Americans identify what funding they We’re out of time at this point, so I going to start something tonight in an would cut from the government’s fund- will simply wrap up with these three or attempt to engage more of our Amer- ing, and I am glad that you engaged four words, which are: ican people in the process. the people.

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.111 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3057 But I think we need to go further. We close to this limit the week of May 16, We know that the American people should and must request that Ameri- at which time we will be forced to do don’t want to underfund education or cans share how they feel about every- some courageous things to avoid jeop- investment to grow the workforce. We thing. What bills do they want us to ardizing the full faith and credit of the know that they don’t want us to sac- champion, what laws do they want United States of America. rifice our long-term global competi- changed, what programs do they want So, what is the big picture? Well, the tiveness for short-term gains. Ameri- extended or ended. fact is over the last several years the cans believe that we can walk and chew Mr. Speaker, under House rules, I, U.S. experienced an imbalance between gum at the same time. Mr. Speaker, we unfortunately, can’t directly address spending and revenues. As a result of can invest in tomorrow and still get the American people. I must address the recession, we spent much more our fiscal problems and our fiscal house my comments to you, Mr. Speaker. than we brought in. in order. However, if I could speak directly to I would like to point out that our re- How do we move forward? There are the American people, I would request cent spending spurred hiring in the pri- a number of options, but one thing is that they send me their ideas for how vate sector. It also provided small busi- for certain. We should be honest about to keep America great. I would request nesses with unprecedented tax relief. It the tax burden currently faced by that they send me their thoughts on helped home buyers purchase homes in Americans. whatever they want to talk about. this tough market; it helped police, I want to briefly show you another Mr. Speaker, the American people teachers and firefighters continue to board, which we’re not making any can, again, email me at get paid; and it helped cities and towns proposals but we want to talk about for [email protected]. I will lead a across America weather this financial a second, the effective tax rates. conversation with the American people storm. The Congressional Budget Office just in which they will be an active partici- Last Monday night while leaving Af- finished completing an analysis—in pant. I will bring your thoughts up ghanistan, I was having a conversation fact, they finished it in 2010—about the here and I will talk about them. I will with a colonel in our Armed Forces. I effective tax rates, which are the ac- engage you and Congress so that people was talking about this Special Order tual average rates of taxes paid. What can read what you write and read your and I was going back and forth with we’re going to look at today is the ideas. I will also put your name on it. him about his input and about ideas on taxes on the top earners were far lower I don’t want the credit. I just want a how to engage people. He volunteered than the top tax rates. The tax rates better country for our seniors and for to be the first person to start the con- for the top earners in this country are our children. versation and to pose a question. right at 35 percent of their income. Every couple of weeks while the He didn’t really have much of a com- Well, when you look at it after deduc- House is in session I will make sure to ment, but he wanted to pose a question tions—and legal deductions—and poli- come down here and start this con- to the American people. And his ques- cies that we set as a country, those tax versation with America again. Al- tion was very simple, and it dealt with rates are far lower than 35 percent. though it is a conversation by me alone how big and what we do as Americans. The top 10 percent of earners, rep- right now, I would suspect that we will So, right now I will start with his ques- resenting approximately 12 million get other colleagues joining in the con- tion, and that was: As Americans, what households in this country, paid an av- versation as we get other Americans do we have, what do we want the gov- erage tax in the neighborhood of 16.2 joining in the conversation. ernment to provide, and how are we percent. Now, after paying taxes, their But right now we are going to stop, going to pay for it? average income was $289,000. and I want to talk factually for a sec- Let’s look at, now, the top 5 percent b 1940 ond about our financial situation, and I of earners, which only represent 5.9 want to do it as nonpartisan as I can I think that that’s a very basic ques- million households. They’re taking and not lay blame on one party or one tion but it’s at the heart of the debate home an average post-tax, after-tax in- President. I just want to talk about from Democrats and Republicans and come of $440,500. They’re paying an ef- where we are. Independents. So that’s what I think fective tax rate of 17.6 percent. We can start with recent history. Ac- that we will start tonight with, Mr. So you can see that when you look at cording to the U.S. Treasury, when Speaker, that if I could ask the Amer- 16.2 and 17.6, those numbers are far President Clinton took office, the na- ican people a question, I would request below the 35 percent that’s in statute. tional debt was $4.188 trillion. When of them to tell me how they feel about Now, when we get to the top 1 per- President George Bush took office, the that statement: What do we have, what cent of earners in this country, rep- debt was $5.728 trillion. When President do we want the government to provide, resenting only 1.2 million households, Obama took office, the debt was $10.672 and how are we going to pay for it? they took home an average after-tax trillion. Remember, the total debt is Everyone agrees that where we are income of $1.3 million, while paying the sum of our accumulated annual now is not where we need to be. We’re only a 19 percent individual tax rate. budget deficits, so it shows a history of dealing with big issues that demand big So they fall right at 16 percent under out-of-control spending. solutions. We have an aging popu- the tax rate that’s on the books. So what is our current budget def- lation, rising health care costs, crum- Again, I’m not proposing what the icit? Last year, the U.S. Government bling infrastructure, and uneven edu- numbers should be. But what we do spent about $3.5 trillion and collected cational outcomes. Fortunately for us, know is that the top number is 35 and $2.1 trillion in revenue. The deficit was America does great things. I believe the lower three numbers are 16.2, 17.6, right at $1.2 trillion. The nonpartisan that we can find a balanced approach and 19 percent as the effective tax rate. Congressional Budget Office estimates that combines some reductions in So the question to America, the ques- that this fiscal year’s budget deficit spending on some programs, but com- tion to this Congress, Mr. Speaker, is: will be in the neighborhood of $1.4 tril- bining that with increases in revenues What is the appropriate number if lion. The deficit for this fiscal year is for those who are most able to afford it we’re going to continue to pay down projected to be higher than that of last and other policies that will promote the debt, stop running deficits, but at year due to increases in mandatory faster economic growth, like during the same time continue to take care of spending and less growth in revenues the Clinton era. our seniors, invest in our children, do as a result of the temporary payroll The current budget proposals, both all of those things that continue to tax reduction as a part of last year’s the President’s budget and the Repub- make this country what it is? bipartisan tax deal. lican budget proposed by Congressman The next thing I’ll talk about: What So here we are, Mr. Speaker. The RYAN, don’t exactly get it right. They is the biggest takeaway from these total amount of U.S. debt today is in both leave room for improvement. We facts? It’s about sacrifice. What are we the neighborhood of $14 trillion and the have to get this right, Mr. Speaker. willing to sacrifice to do the things and current debt limit is $14.294 trillion. The only way that we can get this allow government to do the things that The Department of the Treasury esti- right is by both parties working to- government should do? What are the mates that the debt will reach very gether and sacrificing. sacrifices we will make to take care of

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.113 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3058 CONGRESSIONAL RECORD — HOUSE May 4, 2011 our seniors, to take care of our chil- could, again, I would invite them to The motion was agreed to; accord- dren, to invest in innovation, to pro- reach out to me on Facebook, on Twit- ingly (at 7 o’clock and 52 minutes tect our homeland, to spread democ- ter, or by email. Email me at p.m.), under its previous order, the racy, and to do all those critical things [email protected]. House adjourned until tomorrow, that we want to do? We’ve been through rough patches Thursday, May 5, 2011, at 9 a.m. These are the facts, Mr. Speaker. I before and we got through them be- f encourage the American people to draw cause we’re Americans. We will work EXECUTIVE COMMUNICATIONS, their own conclusions based on the together and we will listen to the ETC. facts—not hyperbole, not conversations American people. Our perseverance, in- from either side, not political rhetoric, genuity, creativity, and work ethic are Under clause 2 of rule XIV, executive but from the facts. unmatched. We’re going to get through communications were taken from the So, as I have laid out our debt situa- this because of our people. Speaker’s table and referred as follows: tion, I would ask that you send me Mr. Speaker, last week I had the op- 1393. A letter from the Deputy to the your ideas on what you think the num- portunity to travel to Afghanistan, Chairman, Federal Deposit Insurance Cor- bers should be. This is the people’s Batumi, and Baku, and over there I poration, transmitting the Corporation’s House. We see how they feel in the just want to say that the energy and final rule — Procedures for Monitoring Bank Secrecy Act Compliance and Fair Credit Re- polls, but we need to hear their stories the optimism in our troops were un- directly from them, Mr. Speaker. I will porting: Technical Amendments (RIN: 3064- matched because they were rep- AD76) received April 6, 2011, pursuant to 5 request that the American people send resenting America. They were rep- me those stories, tell me about their U.S.C. 801(a)(1)(A); to the Committee on Fi- resenting what that flag stands for. nancial Services. hardships, tell me if they think they’re They were representing the sacrifice 1394. A letter from the Deputy Director for paying too much. But give me a spe- that stands in this country’s history. Operations, Federal Deposit Insurance Cor- cific example. Tell me how that tax poration, transmitting the Corporation’s rate, that tax liability, that tax burden b 1950 final rule — Allocation of Assets in Single- affected your family. I want to know. I We didn’t always get it right since Employer Plans; Benefits Payable in Termi- think Congress wants to know. We our founding, but we’ve always, always nated Single-Employer Plans; Interest As- sumptions for Valuing and Paying Benefits don’t presume, and I certainly don’t made it a goal to strive to be a more presume to know everything. I think received April 6, 2011, pursuant to 5 U.S.C. perfect union. I hope that through this 801(a)(1)(A); to the Committee on Education it’s very critical. conversation, we will continue to pur- and the Workforce. My grandmother told me a long time sue being a more perfect union. 1395. A letter from the Deputy General ago, Mr. Speaker, smart people know I want to take a detour for a second Counsel, Federal Energy Regulatory Com- what they know and know what they and just thank the New Orleans Hor- mission, transmitting the Commission’s don’t know. I’m telling you today that nets and thank their GM, Dave final rule — Planning Resource Adequacy I don’t know everything, and I’m will- Dickerson, who when they found out Assessment Reliability Standard [Docket No.: RM10-10-000; Order No. 747] received ing to listen to the people that do. that I was going over to Afghanistan to After all, we need everyone’s cre- April 6, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); visit with some troops, that they sent ativity, everyone’s inventiveness, ev- to the Committee on Energy and Commerce. care packages and T-shirts and bands eryone’s ideas if we’re going to keep 1396. A letter from the Deputy General and stickers and magazines to our Counsel, Federal Energy Regulatory Com- this country great. This is America, troops because they understood the mission, transmitting the Commission’s home of amazing structural feats: The sacrifice that our troops were making final rule — Mandatory Reliability Stand- San Francisco Golden Gate Bridge in and they wanted to make sure that ards for Interconnection Reliability Oper- California, the Hoover Dam on the Ari- ating Limits [Docket No.: RM10-15-000; Order they participated in just saying to our zona and Nevada border, Mount Rush- No. 748] received April 6, 2011, pursuant to 5 more in South Dakota. This is Amer- Louisiana troops, thank you, job well U.S.C. 801(a)(1)(A); to the Committee on En- ica, one of the most inventive nations done, we appreciate your sacrifice. ergy and Commerce. in the world. We brought the world bi- Mr. Speaker, tonight, thank you for 1397. A letter from the FWS Chief, Branch of Aquatic Invasive Species, Department of focals and the modern suspension allowing me the time to have a conversation with you about what I be- the Interior, transmitting the Department’s bridge, dental floss and the doorbell, final rule — Injurious Wildlife Species; List- the airplane and peanut butter. Amer- lieve the American people stand for, about the greatness we have inside our- ing the Bighead Carp (Hypophthalmichthys ica brought the world the defibrillator nobilis) as Injurious Fish [Docket No.: FWS- and the traffic light, digital recording selves, about the great things that I R3-FHC-2010-0094; 94140-1342-0000-N5] (RIN: and the Super Soaker water gun, the know we can do when we stand to- 1018-AT49) received March 23, 2011, pursuant artificial heart and the personal com- gether. And thank you, Mr. Speaker, to 5 U.S.C. 801(a)(1)(A); to the Committee on puter. for allowing me to invite the American Natural Resources. This is America, a Nation of firsts people to participate and become their 1398. A letter from the Acting Assistant and a Nation where our inventive spirit own representative in this Congress Secretary for Fish and Wildlife Parks, De- partment of the Interior, transmitting the rings from sea to shining sea. This is and talk about their ideas and express their desires, their wishes and what Department’s final rule — Special Regula- America, where we do big things be- tion: Areas of the National Park System, Na- cause we have big ideas. As President they’re willing to sacrifice and those tional Capital Region (RIN: 1024-AD96) re- Obama said in this year’s State of the things they think we need to do. ceived March 23, 2011, pursuant to 5 U.S.C. Union Address: We’re a Nation that I yield back the balance of my time. 801(a)(1)(A); to the Committee on Natural says, I might not have a lot of money, f Resources. 1399. A letter from the Chief, Endangered but I have this great idea for a new in- LEAVE OF ABSENCE vention; I might not come from a fam- Species Listing, Department of the Interior, transmitting the Department’s final rule — ily of college graduates, but I will be By unanimous consent, leave of absence was granted to: Endangered and Threatened Wildlife and the first to get my degree; I might not Plants; Designation of Critical Habitat for know those people in trouble, but I Mrs. EMERSON (at the request of Mr. Carex lutea (Golden Sedge) [Docket No.: think I can help them, and I need to CANTOR) for May 2 and the balance of FWS-R4-ES-2010-0003] (RIN: 1018-AW55) re- try; I’m not sure how we’ll reach that the week on account of flooding in her ceived April 4, 2011, pursuant to 5 U.S.C. better place beyond the horizon, but I district. 801(a)(1)(A); to the Committee on Natural know we’ll get there. I know we will. Mr. BILIRAKIS (at the request of Mr. Resources. We do big things. CANTOR) for today on account of at- 1400. A letter from the Chief, Branch of Re- Those were President Obama’s words tending the funeral of a family mem- covery and Delisting, Department of the In- from the State of the Union in which ber. terior, transmitting the Department’s final rule — Endangered and Threatened Wildlife he laid a course of where we are, where f and Plants; Removal of Erigeron maguirei we need to get to, and why we all know ADJOURNMENT (Maguire Daisy) from the Federal List of En- we’ll get there. dangered and Threatened Plants; Avail- Mr. Speaker, again, I wish I could di- Mr. RICHMOND. Mr. Speaker, I move ability of Final Post-Delisting Monitoring rectly address the American people. If I that the House do now adjourn. Plan [Docket No.: FWS-R6-ES-2008-0001]

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K04MY7.115 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3059 (RIN: 1018-AU67) received April 4, 2011, pursu- tional Oceanic and Atmospheric Administra- transmitting the Administration’s final rule ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion, transmitting the Administration’s final — Small Business, Small Disadvantaged on Natural Resources. rule — Fisheries of the Exclusive Economic Business, HUBZone, and Service-Disabled 1401. A letter from the Chief, Branch of Re- Zone Off Alaska; Reallocation of Pollock in Veteran-Owned Business Status Protest and covery and Delisting, Department of the In- the Bering Sea and Aleutian Islands [Docket Appeal Regulations (RIN: 3245-AF65) received terior, transmitting the Department’s final No.: 101126521-0640-02] (RIN: 0648-XA262) re- April 6, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); rule — Endangered and Threatened Wildlife ceived March 28, 2011, pursuant to 5 U.S.C. to the Committee on Small Business. and Plants; Reclassification of the Okaloosa 801(a)(1)(A); to the Committee on Natural 1417. A letter from the Deputy General Darter from Endangered to Threatened and Resources. Counsel, Small Business Administration, Special Rule [Docket No.: FWS-R4-ES-2008- 1409. A letter from the Acting Director, Of- transmitting the Administration’s final rule 0071] (RIN: 1018-AW95) received April 4, 2011, fice of Sustainable Fisheries, NMFS, Na- — Small Business Jobs Act: 504 Loan Pro- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Oceanic and Atmospheric Administra- gram Debt Refinancing (RIN: 3245-AG17) re- mittee on Natural Resources. tion, transmitting the Administration’s final ceived April 6, 2011, pursuant to 5 U.S.C. 1402. A letter from the Acting Chief, rule — Fisheries of the Caribbean, Gulf of 801(a)(1)(A); to the Committee on Small Branch of FS, Department of the Interior, Mexico, and South Atlantic; Coastal Migra- Business. transmitting the Department’s final rule — tory Pelagic Resources of the Gulf of Mexico 1418. A letter from the Deputy General Endangered and Threatened Wildlife and and South Atlantic; Trip Limit Reduction Counsel, Small Business Administration, Plants; Determination of Threatened Status [Docket No.: 001005281-0369-02] (RIN: 0648- transmitting the Administration’s final rule for the New Zealand-Australia Distinct Pop- XA263) received March 28, 2011, pursuant to 5 — Small Business Size Regulations; 8(a) ulation Segment of the Southern U.S.C. 801(a)(1)(A); to the Committee on Nat- Business Development/Small Disadvantaged Rockhopper Penguin [Docket No.: FWS-R9- ural Resources. Business Status Determinations (RIN: 3245- IA-2008-0069; 92210-0-0010 B6] (RIN: 1018-AV73) 1410. A letter from the Deputy Assistant AF53) received April 6, 2011, pursuant to 5 received April 6, 2011, pursuant to 5 U.S.C. Administrator for Regulatory Programs, U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Natural NMFS, National Oceanic and Atmospheric Small Business. Resources. Administration, transmitting the Adminis- 1419. A letter from the Chief, Publications 1403. A letter from the Acting Director, Of- tration’s final rule — Fisheries Off West and Regulations Branch, Internal Revenue fice of Sustainable Fisheries, NMFS, Na- Coast States; Coastal Pelagic Species Fish- Service, transmitting the Service’s final rule tional Oceanic and Atmospheric Administra- eries; Annual Specifications [Docket No.: — Capital expenditures; in general (Rev. tion, transmitting the Administration’s final 110111018-1095-02] (RIN: 0648-XA109) received Proc. 2011-27) received April 7, 2011, pursuant rule — Fisheries of the Exclusive Economic March 28, 2011, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on Zone Off Alaska; Pacific Cod by Catcher Ves- 801(a)(1)(A); to the Committee on Natural Ways and Means. 1420. A letter from the Chief, Publications sels Less Than 60 Feet (18.3 m) Length Over- Resources. all Using Hook-and-Line or Pot Gear in the 1411. A letter from the Deputy Assistant and Regulations, Internal Revenue Service, Bering Sea and Aleutian Islands Manage- Administrator for Operations, NMFS, Na- transmitting the Service’s final rule — Re- ment Area [Docket No.: 101126521-6040-02] tional Oceanic and Atmospheric Administra- duction of Foreign Tax Credit Limitation (RIN: 0648-XA279) received April 6, 2011, pur- tion, transmitting the Administration’s final Categories under Section 904(d) [TD 9521] suant to 5 U.S.C. 801(a)(1)(A); to the Com- rule — Western Pacific Pelagic Fisheries; (RIN: 1545-BG54) received April 7, 2011, pursu- mittee on Natural Resources. Hawaii-Based Shallow-set Longline Fishery; ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1404. A letter from the Deputy Assistant Court Order [Docket No.: 100826393-1171-01] on Ways and Means. 1421. A letter from the Chief, Publications Administrator for Regulatory Programs, (RIN: 0648-BA19) received March 28, 2011, pur- and Regulations Branch, Internal Revenue NMFS, National Oceanic and Atmospheric suant to 5 U.S.C. 801(a)(1)(A); to the Com- Service, transmitting the Service’s final rule Administration, transmitting the Adminis- mittee on Natural Resources. tration’s final rule — Fisheries of the North- 1412. A letter from the Acting Director, Of- — Replacement of Schedule SSA with Form eastern United States; Atlantic Herring; fice of Sustainable Fisheries, NMFS, Na- 8955-SSA (Announcement 2011-21) received Amendment 4 [Docket No.: 080513659-1114-03] tional Oceanic and Atmospheric Administra- April 7, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); (RIN: 0648-AW75) received April 7, 2011, pur- tion, transmitting the Administration’s final to the Committee on Ways and Means. 1422. A letter from the Chief, Publications suant to 5 U.S.C. 801(a)(1)(A); to the Com- rule — Fisheries of the Exclusive Economic and Regulations Branch, Internal Revenue mittee on Natural Resources. Zone Off Alaska; Pollock in Statistical Area Service, transmitting the Service’s final rule 1405. A letter from the Acting Director, Of- 630 in the Gulf of Alaska [Docket No.: — Capital expenditures; in general (Rev. fice of Sustainable Fisheries, NMFS, Na- 101126522-0640-02] (RIN: 0648-XA277) received Proc. 2011-28) received April 7, 2011, pursuant tional Oceanic and Atmospheric Administra- March 28, 2011, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final 801(a)(1)(A); to the Committee on Natural rule — Fisheries of the Exclusive Economic Ways and Means. Resources. 1423. A letter from the Branch Chief, Publi- Zone Off Alaska; Pollock in the West Yak- 1413. A letter from the Acting Director, Of- cations and Regulations, Internal Revenue utat District of the Gulf of Alaska [Docket fice of Sustainable Fisheries, NMFS, Na- Service, transmitting the Service’s final rule No.: 101126522-0640-02] (RIN: 0648-XA276) re- tional Oceanic and Atmospheric Administra- — Japan Earthquake and Tsunami Occurring ceived March 28, 2011, pursuant to 5 U.S.C. tion, transmitting the Administration’s final in March 2011 Designated as a Qualified Dis- 801(a)(1)(A); to the Committee on Natural rule — Fisheries of the Caribbean, Gulf of aster under Sec. 139 of the Internal Revenue Resources. Mexico, and South Atlantic; Snapper-Group- Code [Notice 2011-32] received April 7, 2011, 1406. A letter from the Deputy Assistant er Fishery of the South Atlantic; Closure pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administrator for Regulatory Programs, [Docket No.: 040205043-4043-01] (RIN: 0648- mittee on Ways and Means. NMFS, National Oceanic and Atmospheric XA228) received March 28, 2011, pursuant to 5 Administration, transmitting the Adminis- U.S.C. 801(a)(1)(A); to the Committee on Nat- f tration’s final rule — Fisheries of the Carib- ural Resources. REPORTS OF COMMITTEES ON bean, Gulf of Mexico, and South Atlantic; 1414. A letter from the Director Office of PUBLIC BILLS AND RESOLUTIONS Snapper-Grouper Fishery Off the Southern Sustainable Fisheries, NMFS, National Oce- Atlantic States; Amendment 17B; Correction anic and Atmospheric Administration, trans- Under clause 2 of rule XIII, reports of [Docket No.: 0907271173-1137-04] (RIN: 0648- mitting the Administration’s final rule — committees were delivered to the Clerk AY11) received March 28, 2011, pursuant to 5 Fisheries of the Caribbean, Gulf of Mexico, for printing and reference to the proper U.S.C. 801(a)(1)(A); to the Committee on Nat- and South Atlantic; Snapper-Groper Fishery calendar, as follows: ural Resources. of the South Atlantic; Closure [Docket No.: Mr. BISHOP of Utah: Committee on Rules. 1407. A letter from the Acting Director, Of- 040205043-4043-01] (RIN: 0648-XA229) received House Resolution 245. Resolution providing fice of Sustainable Fisheries, NMFS, Na- March 28, 2011, pursuant to 5 U.S.C. for consideration of the bill (H.R. 1229) to tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Natural amend the Outer Continental Shelf Lands tion, transmitting the Administration’s final Resources. Act to facilitate the safe and timely produc- rule — Fisheries of the Exclusive Economic 1415. A letter from the Deputy Assistant tion of American energy resources from the Zone Off Alaska; Fisheries of the Exclusive Administrator for Regulatory Programs, Gulf of Mexico, and providing for consider- Economic Zone Off Alaska; Pacific Cod by NMFS, National Oceanic and Atmospheric ation of the bill (H.R. 1230) to require the Catcher Vessels Less Than 60 Feet (18.3 m) Administration, transmitting the Adminis- Secretary of the Interior to conduct certain Length Overall Using Jig or Hook-and-Line tration’s final rule — Fisheries of the Exclu- offshore oil and gas lease sales, and for other Gear in the Bogoslof Pacific Cod Exemption sive Economic Zone Off Alaska; American purposes (Rept. 112–73). Referred to the Area in the Bering Sea and Aleutian Islands Fisheries Act; Recordkeeping and Reporting House Calendar. Management Area [Docket No.: 101126521- [Docket No.: 100413185-1155-02] (RIN: 0648- 0640-02] (RIN: 0648-XA271) received March 28, AY84) received March 28, 2011, pursuant to 5 f 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on Nat- PUBLIC BILLS AND RESOLUTIONS Committee on Natural Resources. ural Resources. 1408. A letter from the Acting Director, Of- 1416. A letter from the Deputy General Under clause 2 of rule XII, public fice of Sustainable Fisheries, NMFS, Na- Counsel, Small Business Administration, bills and resolutions of the following

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\L04MY7.000 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3060 CONGRESSIONAL RECORD — HOUSE May 4, 2011 titles were introduced and severally re- H.R. 1712. A bill to amend the Internal Rev- threatened species under the Endangered ferred, as follows: enue Code of 1986 to exempt sales of natural Species Act of 1973; to the Committee on gas for use in natural gas vehicles from the Natural Resources. By Mr. SULLIVAN (for himself, Mr. retail sales limitation on defining inde- By Mr. OWENS (for himself and Mr. MATHESON, Mr. UPTON, Mr. pendent producers of petroleum products; to WELCH): WHITFIELD, Mr. SHIMKUS, Mr. WAL- the Committee on Ways and Means. H.R. 1720. A bill to improve the H-2A agri- DEN, Mr. LATTA, Mr. HARPER, Mrs. By Mr. CONNOLLY of Virginia (for cultural worker program for use by dairy MCMORRIS RODGERS, Mr. MCKINLEY, himself and Mr. BLUMENAUER): workers, sheepherders, and goat herders, and Mr. TERRY, Mrs. CAPITO, Mr. GENE H.R. 1713. A bill to reduce Federal expendi- for other purposes; to the Committee on the GREEN of Texas, Mr. CRITZ, Mr. tures associated with data center real estate Judiciary. POMPEO, Mr. ROSS of Arkansas, and and electricity consumption, to implement By Mr. PIERLUISI (for himself, Mr. Mr. COSTA): savings reductions proposed by Federal em- FALEOMAVAEGA, Ms. BORDALLO, and H.R. 1705. A bill to require analyses of the ployees, to reduce energy costs across Fed- Mr. SIRES): cumulative and incremental impacts of cer- eral Executive agencies, and for other pur- H.R. 1721. A bill to amend the Elementary tain rules and actions of the Environmental poses; to the Committee on Oversight and and Secondary Education Act of 1965 to in- Protection Agency, and for other purposes; Government Reform, and in addition to the crease the maximum amount that may be al- to the Committee on Energy and Commerce, Committees on Armed Services, Transpor- lotted to Puerto Rico under part A of title and in addition to the Committee on Trans- tation and Infrastructure, and Energy and III; to the Committee on Education and the portation and Infrastructure, for a period to Commerce, for a period to be subsequently Workforce. be subsequently determined by the Speaker, determined by the Speaker, in each case for By Ms. PINGREE of Maine (for herself, in each case for consideration of such provi- consideration of such provisions as fall with- Mr. CONNOLLY of Virginia, Mr. STARK, sions as fall within the jurisdiction of the in the jurisdiction of the committee con- Mr. WELCH, and Mr. MCGOVERN): committee concerned. cerned. H.R. 1722. A bill to amend the Richard B. By Mr. DAVIS of Kentucky (for himself By Mr. DOLD (for himself and Mr. Russell National School Lunch Act to create and Mr. THOMPSON of California): DEUTCH): a local food credit program; to the Com- H.R. 1706. A bill to amend the Internal Rev- H.R. 1714. A bill to promote human rights mittee on Education and the Workforce. enue Code of 1986 to provide a credit against and democracy in Iran; to the Committee on By Mr. POSEY (for himself, Mr. PAUL, income tax to facilitate the accelerated de- Foreign Affairs, and in addition to the Com- Mr. WESTMORELAND, Mr. ISSA, Mr. velopment and deployment of advanced safe- mittees on Financial Services, the Judiciary, WEBSTER, Mr. JONES, Mr. MANZULLO, ty systems for commercial motor vehicles; and Ways and Means, for a period to be sub- Mr. MILLER of Florida, Mrs. to the Committee on Ways and Means. sequently determined by the Speaker, in HARTZLER, Mr. PITTS, Mr. FLORES, By Mr. RUSH (for himself, Mr. BARTON each case for consideration of such provi- Mr. GOHMERT, Mr. BARTLETT, Mr. of Texas, and Ms. SCHAKOWSKY): sions as fall within the jurisdiction of the PEARCE, Mr. GINGREY of Georgia, Mr. H.R. 1707. A bill to protect consumers by committee concerned. MCCOTTER, Mr. LUETKEMEYER, and requiring reasonable security policies and By Ms. FOXX (for herself, Mr. MCCLIN- Mr. THOMPSON of Pennsylvania): procedures to protect data containing per- TOCK, Mr. AKIN, and Mr. LAMBORN): H.R. 1723. A bill to permit certain current sonal information, and to provide for nation- H.R. 1715. A bill to amend title 31, United loans that would otherwise be treated as wide notice in the event of a security breach; States Code, to end speculation on the cur- non-accrual loans as accrual loans for cer- to the Committee on Energy and Commerce. rent cost of multilingual services provided tain purposes; to the Committee on Finan- By Mr. RIGELL: by the Federal Government, and for other cial Services. H.R. 1708. A bill to prohibit the use of funds purposes; to the Committee on Oversight and By Mr. ROTHMAN of New Jersey: to support Operation Odyssey Dawn; to the Government Reform. H.R. 1724. A bill to provide for the provi- Committee on Armed Services, and in addi- By Mr. HOYER (for himself, Mr. DIN- sion by hospitals receiving Federal funds tion to the Committee on Foreign Affairs, GELL, Mr. KISSELL, Ms. NORTON, Mr. through the Medicare Program or Medicaid for a period to be subsequently determined LIPINSKI, Mrs. MALONEY, Ms. RICH- Program of emergency contraceptives to by the Speaker, in each case for consider- ARDSON, Mr. ROTHMAN of New Jersey, women who are survivors of sexual assault; ation of such provisions as fall within the ju- Ms. MOORE, Mr. MARKEY, Mr. to the Committee on Energy and Commerce, risdiction of the committee concerned. LOEBSACK, Mr. CONYERS, Mr. SCHIFF, and in addition to the Committee on Ways By Ms. SLAUGHTER: Mr. CRITZ, Ms. JACKSON LEE of Texas, and Means, for a period to be subsequently H.R. 1709. A bill to prevent and end the oc- Mr. CARNAHAN, and Mr. HASTINGS of determined by the Speaker, in each case for currence of sexual assaults involving mem- Florida): consideration of such provisions as fall with- bers of the Armed Forces; to the Committee H.R. 1716. A bill to amend the Workforce in the jurisdiction of the committee con- on Armed Services. Investment Act of 1998 to establish a pilot cerned. By Mr. BURGESS: program to facilitate education and training By Mr. RUPPERSBERGER: H.R. 1710. A bill to authorize the Secretary programs in the field of advanced manufac- H.R. 1725. A bill to authorize the Secretary of Energy to establish monetary prizes for turing; to the Committee on Education and of Agriculture to make grants for the pre- achievements in designing and proposing nu- the Workforce. vention of cruelty to animals to States that clear energy used fuel alternatives; to the By Ms. KAPTUR: have enacted laws prohibiting the devo- Committee on Science, Space, and Tech- H.R. 1717. A bill to require that, in cases in calization of dogs and cats for purposes of nology, and in addition to the Committee on which the annual trade deficit between the convenience; to the Committee on Agri- Ways and Means, for a period to be subse- United States and another country is culture. quently determined by the Speaker, in each $10,000,000,000 or more for 3 consecutive By Mr. RUPPERSBERGER: case for consideration of such provisions as years, the President take the necessary steps H.R. 1726. A bill to amend the Child Care fall within the jurisdiction of the committee to create a more balanced trading relation- and Development Block Grant Act of 1990 to concerned. ship with that country; to the Committee on require criminal background checks for child By Mr. CARSON of Indiana: Ways and Means. care providers; to the Committee on Edu- H.R. 1711. A bill to amend the Child Care By Mrs. LOWEY: cation and the Workforce. and Development Block Grant Act of 1990 to H.R. 1718. A bill to provide that service of By Mr. RUPPERSBERGER: require criminal background checks, inspec- the members of the organization known as H.R. 1727. A bill to strengthen certain pro- tions, and training of child care providers; to the United States Cadet Nurse Corps during visions relating to arms export licenses, and the Committee on Education and the Work- World War II constituted active military for other purposes; to the Committee on For- force. service for purposes of laws administered by eign Affairs. By Mr. CASSIDY (for himself, Mr. the Secretary of Veterans Affairs; to the By Mr. RUPPERSBERGER: LANKFORD, Mr. YOUNG of Alaska, Mr. Committee on Veterans’ Affairs, and in addi- H.R. 1728. A bill to amend the Internal Rev- DENHAM, Mr. CRAWFORD, Mr. LANDRY, tion to the Committee on Armed Services, enue Code of 1986 to increase the credit for Mrs. LUMMIS, Mr. GARDNER, Mr. for a period to be subsequently determined employers establishing workplace child care BOREN, Mr. THOMPSON of Pennsyl- by the Speaker, in each case for consider- facilities, to increase the child care credit to vania, Mr. BILBRAY, Mr. SCHILLING, ation of such provisions as fall within the ju- encourage greater use of quality child care Mr. SULLIVAN, Mr. LUCAS, Mr. risdiction of the committee concerned. services, to provide incentives for students GUINTA, Mr. FLEMING, Mr. HUNTER, By Mrs. MCMORRIS RODGERS (for to earn child care-related degrees and to Mr. COLE, Mr. TERRY, Mr. FLORES, herself, Mr. HASTINGS of Washington, work in child care facilities, and to increase Mr. REHBERG, Mr. GRIFFIN of Arkan- Mr. MCCLINTOCK, Mr. PEARCE, Mr. the exclusion for employer-provided depend- sas, Mr. AUSTRIA, Mr. CHAFFETZ, Mr. JONES, Mr. WALDEN, Mr. HERGER, Mr. ent care assistance; to the Committee on OLSON, Mr. CRITZ, Mr. BOUSTANY, Mr. DUNCAN of Tennessee, Mrs. LUMMIS, Ways and Means. BURTON of Indiana, Mr. ALEXANDER, and Mr. BISHOP of Utah): By Mr. RUPPERSBERGER: Mrs. BIGGERT, Mr. SCALISE, Ms. H.R. 1719. A bill to better inform con- H.R. 1729. A bill to amend the Controlled GRANGER, Mr. STUTZMAN, Mr. RICH- sumers regarding costs associated with com- Substances Act to authorize certain practi- MOND, and Mr. HARPER): pliance for protecting endangered and tioners other than physicians to dispense

VerDate Mar 15 2010 03:35 May 05, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\L04MY7.100 H04MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 4, 2011 CONGRESSIONAL RECORD — HOUSE H3061 certain narcotic drugs in schedule III, IV, ignated a state sponsor of terrorism for its By Ms. SLAUGHTER: and V for maintenance treatment or detoxi- support of Iran, Hezbollah, and the Revolu- H.R. 1709. fication treatment without obtaining annu- tionary Armed Forces of Colombia (FARC); Congress has the power to enact this legis- ally a separate registration for that purpose; to the Committee on Foreign Affairs. lation pursuant to the following: to the Committee on Energy and Commerce, By Mr. OWENS: The constitutional authority of Congress and in addition to the Committee on the Ju- H. Res. 248. A resolution honoring the to enact this legislation is provided by Arti- diciary, for a period to be subsequently de- members of the military and intelligence cle I, section 8 of the United States Constitu- termined by the Speaker, in each case for community who carried out the mission that tion (clauses 12, 13, 14, 16, and 18). consideration of such provisions as fall with- killed Osama bin Laden, and for other pur- By Mr. BURGESS: in the jurisdiction of the committee con- poses; to the Committee on Armed Services, H.R. 1710. cerned. and in addition to the Committee on Intel- Congress has the power to enact this legis- By Ms. SEWELL (for herself and Mr. ligence (Permanent Select), for a period to lation pursuant to the following: LARSEN of Washington): be subsequently determined by the Speaker, The attached bill falls under Congress’ au- H.R. 1730. A bill to amend the Internal Rev- in each case for consideration of such provi- thority to regulate interstate commerce pur- enue Code of 1986 to establish tax-preferred sions as fall within the jurisdiction of the suant to Article I, Section 8, Clause 3 of the Small Business Start-up Savings Accounts; committee concerned. U.S. Constitution. to the Committee on Ways and Means. By Mr. RUPPERSBERGER: By Mr. CARSON of Indiana: By Ms. TSONGAS: H. Res. 249. A resolution supporting K-12 H.R. 1711. H.R. 1731. A bill to direct the Secretary of geography education; to the Committee on Congress has the power to enact this legis- Defense to submit notifications to Congress Education and the Workforce. lation pursuant to the following: with respect to the failure by the Secretary By Mr. RUPPERSBERGER: Clause 7 of section 9 of article I of the Con- to comply with statutory body armor pro- H. Res. 250. A resolution congratulating stitution, Clause 1 of section 8 of article I of curement budget information requirements; and commending Free Comic Book Day as an the Constitution, and clause 18 of section 8 of to the Committee on Armed Services. article I of the Constitution. By Mr. VAN HOLLEN (for himself, Mr. enjoyable and creative approach to promoting literacy and celebrating a unique By Mr. CASSIDY: RUPPERSBERGER, Ms. SCHWARTZ, Ms. H.R. 1712. American art form; to the Committee on MCCOLLUM, Mr. GARAMENDI, and Mr. Congress has the power to enact this legis- Oversight and Government Reform. POLIS): lation pursuant to the following: By Mr. SCHOCK (for himself, Mr. DIAZ- H.R. 1732. A bill to amend the Internal Rev- Article I, Section 8, Clause 1 of the United BALART, Mr. CUELLAR, and Mr. enue Code of 1986 to allow a credit for equity States Constitution, MEEKS): investments in high technology and bio- By Mr. CONNOLLY of Virginia: technology small business concerns devel- H. Res. 251. A resolution urging the Presi- H.R. 1713. oping innovative technologies that stimulate dent to expedite the submission of the Congress has the power to enact this legis- private sector job growth; to the Committee United States - Colombia Trade Promotion lation pursuant to the following: on Ways and Means. Agreement to Congress; to the Committee on Article 1 By Mr. WHITFIELD (for himself, Mr. Ways and Means. By Mr. DOLD: CHANDLER, Ms. SCHAKOWSKY, and Mr. f H.R. 1714. PITTS): Congress has the power to enact this legis- H.R. 1733. A bill to amend the Interstate CONSTITUTIONAL AUTHORITY lation pursuant to the following: Horseracing Act of 1978 to prohibit the use of STATEMENT Article 1, Section 8, clause 3, which pro- performance-enhancing drugs in horseracing, Pursuant to clause 7 of rule XII of vides Congress the power ‘‘to regulate com- and for other purposes; to the Committee on the Rules of the House of Representa- merce with foreign nations.’’ This legislation Energy and Commerce. authorizes sanctions with respect to the By Mr. DENHAM: tives, the following statements are sub- transfer of goods or technologies to Iran that H.R. 1734. A bill to decrease the deficit by mitted regarding the specific powers may be used to commit human rights abuses. realigning, consolidating, selling, disposing, granted to Congress in the Constitu- Additionally, the democracy promotion as- and improving the efficiency of federal build- tion to enact the accompanying bill or pect of the legislation implicates the power ings and other civilian real property, and for joint resolution. to ‘‘provide for the common defense’’ under other purposes; to the Committee on Trans- By Mr. SULLIVAN: Article 1, Section 8, clause 1. portation and Infrastructure, and in addition H.R. 1705. By Ms. FOXX: to the Committees on Oversight and Govern- Congress has the power to enact this legis- H.R. 1715. ment Reform, and Rules, for a period to be lation pursuant to the following: Congress has the power to enact this legis- subsequently determined by the Speaker, in Article I, Section 8, Clause 3 of the United lation pursuant to the following: each case for consideration of such provi- States Constitution. Clause 7 of Section 9 of Article 1 of the sions as fall within the jurisdiction of the By Mr. DAVIS of Kentucky: Constitution which states ‘‘No money shall committee concerned. H.R. 1706. be drawn from the Treasury, but in con- By Mr. DINGELL: sequence of appropriations made by Law; and H. Con. Res. 48. Concurrent resolution ex- Congress has the power to enact this legislation pursuant to the following: a regular statement and account of receipts pressing the sense of Congress that the Sec- and expenditures of all public money shall be retary of the Navy should name a Littoral Clause 1 of Section 8 of Article I of the United States Constitution and Amendment published from time to time.’’ Combat Ship the U.S.S. Ypsilanti, in honor By Mr. HOYER: of Ypsilanti, Michigan; to the Committee on XVI of the United States Constitution. By Mr. RUSH: H.R. 1716. Armed Services. Congress has the power to enact this legis- H.R. 1707. By Mr. PAYNE (for himself and Mr. lation pursuant to the following: Congress has the power to enact this legis- FORTENBERRY): Congress has the power to enact the Job lation pursuant to the following: H. Con. Res. 49. Concurrent resolution sup- Opportunities Between our Shores Act pur- Article I, Section 8, Clause 3 porting the goals and ideals of World Malaria suant to Clause 1 of Section 8 of Article I of ‘‘The Congress shall have Power ‘‘to regu- Day, and reaffirming United States leader- the Constitution of the United States. late Commerce with foreign Nations, and ship and support for efforts to combat ma- By Ms. KAPTUR: among the several States, and with the In- laria as a critical component of the Presi- H.R. 1717. dent’s Global Health Initiative; to the Com- dian Tribes.’’ Congress has the power to enact this legis- mittee on Foreign Affairs. By Mr. RIGELL: lation pursuant to the following: By Mrs. LOWEY (for herself, Ms. H.R. 1708. Article I. Section 8. BORDALLO, Ms. MCCOLLUM, Mr. Congress has the power to enact this legis- More specifically, MCGOVERN, Mr. FRANK of Massachu- lation pursuant to the following: Clause. 1. of Section. 8. of Article. I.; setts, and Mrs. MALONEY): The constitutional authority of Congress Clause. 3. of Section. 8. of Article. I; and H. Res. 246. A resolution supporting the to enact this legislation is provided by Arti- Clause. 18. of. Section. 8. of Article I. goals and ideals of National Celiac Aware- cle I, section 8 of the United States Constitu- By Mrs. LOWEY: ness Month, and for other purposes; to the tion, specifically clause 1 (relating to the H.R. 1718. Committee on Energy and Commerce. power of Congress to provide for the general Congress has the power to enact this legis- By Mr. MACK (for himself, Mr. BISHOP welfare of the United States) and clause 18 lation pursuant to the following: of Utah, Mr. BARTLETT, Mr. BROUN of (relating to the power to make all laws nec- Article I of the Constitution Georgia, Mr. LAMBORN, Mr. essary and proper for carrying out the pow- By Mrs. MCMORRIS RODGERS: HENSARLING, Mr. GINGREY of Georgia, ers vested in Congress). In addition, the H.R. 1719. Mrs. BLACKBURN, Mr. CHAFFETZ, Mr. power of Congress to make rules for the gov- Congress has the power to enact this legis- POE of Texas, Mr. KLINE, and Mr. ernment and regulation of the land and lation pursuant to the following: FRANKS of Arizona): naval forces, as enumerated in Article I, Sec- The Constitutional authority in which this H. Res. 247. A resolution calling for the tion 8, Clauses 12, 13, and 14 of the United bill rests is the power of the Congress to reg- Bolivarian Republic of Venezuela to be des- States Constitution. ulate commerce and provide for the general

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welfare as envisioned and enumerated by Ar- By Mr. WHITFIELD: H.R. 886: Mr. GOWDY and Mr. MILLER of ticle I, Section 8, Clauses 1 and 3. H.R. 1733. Florida. By Mr. OWENS: Congress has the power to enact this legis- H.R. 891: Mr. CARSON of Indiana. H.R. 1720. lation pursuant to the following: H.R. 913: Mrs. NAPOLITANO. Congress has the power to enact this legis- Article I, Section 8, Clause 3 H.R. 929: Mrs. MALONEY. lation pursuant to the following: By Mr. DENHAM: H.R. 931: Mr. THORNBERRY. This bill is enacted pursuant to the power H.R. 1734. H.R. 965: Ms. LINDA T. SA´ NCHEZ of Cali- granted to Congress under Article I, Section Congress has the power to enact this legis- fornia, Ms. MOORE, Mr. HASTINGS of Florida, 8, of the United States Constitution. lation pursuant to the following: and Ms. KAPTUR. By Mr. PIERLUISI: Article I, Section 8 of the United States H.R. 992: Mr. CICILLINE. H.R. 1721. Constitution, specifically Clause 1 (relating H.R. 997: Mr. STEARNS, Mr. DESJARLAIS, Congress has the power to enact this legis- to providing for the general welfare of the Mr. CAMP, Mr. MANZULLO, Ms. HERRERA lation pursuant to the following: United States) and Clause 18 (relating to the BEUTLER, Mr. CALVERT, Mr. BILBRAY, Mr. The constitutional authority on which this power to make all laws necessary and proper WOMACK, and Mr. SCOTT of South Carolina. bill rests is the power of the Congress to pro- for carrying out the powers vested in Con- H.R. 1000: Ms. ROYBAL-ALLARD. H.R. 1001: Mr. OWENS, Mr. BISHOP of Geor- vide for the general welfare of the United gress) and clause 17 (relating to authority gia, and Mr. BISHOP of New York. States, as enumerated in Article I, Section 8, over the district as the seat of government), H.R. 1006: Mr. PENCE. Clause 1 of the United States Constitution, and Article IV, Section 3, Clause 2 (relating H.R. 1025: Mr. COHEN and Mr. BOREN. and to make all laws which shall be nec- to the power of Congress to dispose of and H.R. 1028: Ms. LORETTA SANCHEZ of Cali- essary and proper for carrying into execution make all needful rules and regulations re- fornia and Ms. LEE of California. such power as enumerated in Article I, Sec- specting the territory or other property be- H.R. 1047: Mr. FORBES, Mr. QUAYLE, Mrs. tion 8, Clause 18 of the Constitution. longing to the United States). MYRICK, Mr. BONNER, and Ms. JENKINS. By Ms. PINGREE of Maine: H.R. 1057: Mr. PAYNE, Mrs. CAPPS, and Mrs. H.R. 1722. f MCCARTHY of New York. Congress has the power to enact this legis- ADDITIONAL SPONSORS H.R. 1058: Mr. HIGGINS, Ms. HIRONO, Mr. lation pursuant to the following: SMITH of Washington, Mr. SHERMAN, Mr. This bill is enacted pursuant to the power Under clause 7 of rule XII, sponsors CHANDLER, Mr. ANDREWS, Mr. LUJA´ N, Ms. granted to Congress under Article 4 Section were added to public bills and resolu- PINGREE of Maine, Mr. RUSH, and Mr. MATHE- 8, Clause 3 of the United States Constitution. tions as follows: SON. By Mr. POSEY: H.R. 59: Mr. ROONEY. H.R. 1081: Mr. OLSON, Ms. DEGETTE, Mrs. H.R. 1723. H.R. 104: Mr. MILLER of Florida, Mr. LUCAS, MILLER of Michigan, and Mr. STEARNS. Congress has the power to enact this legis- Mr. MURPHY of Connecticut, Mr. GUINTA, and H.R. 1084: Mr. THOMPSON of California, Mr. lation pursuant to the following: Mr. NUNNELEE. BLUMENAUER, Ms. CASTOR of Florida, Mr. Article 1, Section 8, Clause 3 H.R. 177: Mr. WITTMAN and Mr. SCALISE. COHEN, and Ms. NORTON. By Mr. ROTHMAN of New Jersey: H.R. 1093: Mr. PETERSON, Mr. CALVERT, Mr. H.R. 1724. H.R. 245: Ms. HAYWORTH. HEINRICH, Mr. MCCOTTER, Mr. AUSTIN SCOTT Congress has the power to enact this legis- H.R. 287: Mr. DEUTCH and Ms. WATERS. of Georgia, Mr. BARTLETT, Mr. NUGENT, Mr. lation pursuant to the following: H.R. 298: Mr. DOGGETT Mr. PAUL, Mr. LANKFORD, Mr. CRAVAACK, Mr. WESTMORE- This bill is enacted pursuant to the power MCCAUL, and Mr. HENSARLING. LAND, Mr. ROE of Tennessee, Mr. POMPEO, Mr. granted to Congress under Article I, Section H.R. 350: Mr. MCGOVERN. REHBERG, Mr. ROGERS of Alabama, Mr. 8, Clause 18 of the United States Constitu- H.R. 390: Ms. HERRERA BEUTLER. THOMPSON of Pennsylvania, Mr. GRIFFIN of tion. H.R. 421: Mr. SOUTHERLAND and Mr. Arkansas, Mr. KLINE, Mr. GRAVES of Georgia, By Mr. RUPPERSBERGER: BUCSHON. Mr. HANNA, Mr. RENACCI, Ms. FOXX, Mr. H.R. 1725. H.R. 451: Ms. EDDIE BERNICE JOHNSON of CARTER, Mr. LABRADOR, and Mr. BACA. Congress has the power to enact this legis- Texas. H.R. 1106: Mr. BISHOP of Georgia, Mr. JOHN- lation pursuant to the following: H.R. 452: Mr. RIBBLE, Mr. AMASH, and Mr. SON of Georgia, Mr. ISRAEL, Ms. BORDALLO, Article 1, Section 8, Clause 18 ROSKAM. Ms. BALDWIN, Mr. WU, Mr. LUJA´ N, and Mr. By Mr. RUPPERSBERGER: H.R. 459: Mr. LATTA and Mr. WU. PASTOR of Arizona. H.R. 1726. H.R. 466: Ms. SUTTON, Mr. HOLDEN, Ms. H.R. 1121: Ms. JENKINS and Mr. MCKINLEY. Congress has the power to enact this legis- WOOLSEY, Mr. LOBIONDO, Ms. PINGREE of H.R. 1154: Mr. WOMACK. lation pursuant to the following: Maine, and Mr. AKIN. H.R. 1161: Mr. GIBBS, Mr. NUGENT, Mr. Article 1, Section 8, Clause 18 H.R. 488: Mr. SHUSTER and Mr. MICA, Mr. PLATTS, Mr. SHUSTER, Mr. COLE, By Mr. RUPPERSBERGER: FITZPATRICK. Mr. DINGELL, Mr. CONNOLLY of Virginia, and H.R. 1727. H.R. 502: Mr. LARSEN of Washington and Ms. CASTOR of Florida. Congress has the power to enact this legis- Mr. CICILLINE. H.R. 1176: Mr. MURPHY of Connecticut and lation pursuant to the following: H.R. 601: Mr. ROTHMAN of New Jersey. Mr. BISHOP of New York. H.R. 610: Mr. GRIFFIN of Arkansas. Article 1, Section 8, Clause 18 H.R. 1179: Mr. GRIFFITH of Virginia and Mr. H.R. 615: Mr. RIGELL, Mr. DAVIS of Ken- By Mr. RUPPERSBERGER: MCCOTTER. tucky, Mr. AUSTIN SCOTT of Georgia, and Mr. H.R. 1728. H.R. 1181: Mr. LATTA, Mr. ROKITA, Mr. BENISHEK. Congress has the power to enact this legis- WALBERG, Mr. HARRIS, Mr. BISHOP of Utah, H.R. 642: Mr. JOHNSON of Ohio and Mr. AUS- lation pursuant to the following: Mr. GOWDY, Mr. MACK, and Mr. FLORES. TRIA. Article I, Section 8, Clause 18 H.R. 1195: Mr. BOSWELL, Mr. PLATTS, Mr. H.R. 645: Mr. FLAKE, Mr. AMASH, Mr. By Mr. RUPPERSBERGER: GUTIERREZ, Mr. AKIN, Mr. RUNYAN, Mr. BENISHEK, Mr. LANKFORD, Mr. BARTLETT, Mr. H.R. 1729. SHIMKUS, Mr. CRAWFORD, Mr. JACKSON of Illi- HANNA, Mr. GRAVES of Georgia, Ms. FOXX, Congress has the power to enact this legis- nois, Mr. SCOTT of Virginia, and Ms. BALD- Mr. RIGELL, Mr. DAVIS of Kentucky, Mr. lation pursuant to the following: WIN. BACA, and Mr. NUGENT. Article I, Section 8, Clause 18 H.R. 1219: Mr. SCOTT of Virginia, Mr. H.R. 674: Mr. KLINE, Mrs. ROBY, Mr. By Ms. SEWELL: PLATTS, and Mr. GUTIERREZ. H.R. 1730. RENACCI, Mr. CARDOZA, Mr. MURPHY of Con- H.R. 1236: Mr. CARNAHAN, Mr. LEWIS of Congress has the power to enact this legis- necticut, Mr. JOHNSON of Georgia, Mr. Georgia, Mr. CUELLAR, Mr. ALEXANDER, Ms. lation pursuant to the following: WITTMAN, Mr. GENE GREEN of Texas, Mr. WU, LINDA T. SA´ NCHEZ of California, Mr. Article I, Section 8, Clause 1 And The Six- Mr. CUMMINGS, Mr. STIVERS, and Mr. WALBERG, Ms. SCHWARTZ, and Mr. HANNA. teenth Amendment CASSIDY. H.R. 1244: Mr. ALEXANDER and Mr. HINCHEY. By Ms. TSONGAS: H.R. 680: Mr. COBLE and Mr. COFFMAN of H.R. 1259: Mr. WOMACK. H.R. 1731. Colorado. H.R. 1265: Mr. KLINE, Mr. AKIN, and Mr. Congress has the power to enact this legis- H.R. 724: Mr. LARSEN of Washington and TIBERI. lation pursuant to the following: Mr. CICILLINE. H.R. 1287: Mr. FORBES. Article I, Section 8, Clause 14: H.R. 735: Mr. SCALISE and Mr. ROGERS of H.R. 1288: Mrs. CHRISTENSEN, Mr. HOLDEN, To make Rules for the Government and Michigan. and Mr. HINCHEY. Regulation of the land and naval Forces. H.R. 740: Mr. MURPHY of Connecticut and H.R. 1299: Mr. BARLETTA and Mr. YOUNG of By Mr. VAN HOLLEN: Mr. KINZINGER of Illinois. Indiana. H.R. 1732. H.R. 743: Mr. WITTMAN. H.R. 1323: Mr. YOUNG of Indiana and Mr. Congress has the power to enact this legis- H.R. 763: Ms. HERRERA BEUTLER. STUTZMAN. lation pursuant to the following: H.R. 765: Mr. MCCLINTOCK. H.R. 1327: Mr. LATHAM, Mr. COFFMAN of This legislation is consistent with Sections H.R. 780: Mr. HOLT. Colorado, Ms. CLARKE of New York, Ms. CAS- 7 and 8 of Article I of the United States Con- H.R. 788: Mrs. MCCARTHY of New York. TOR of Florida, Mr. MACK, Mr. PLATTS, Mr. stitution and the Sixteenth Amendment to H.R. 835: Mr. TIERNEY. GRIJALVA, Mr. CHANDLER, Mr. RIVERA, Mr. the United States Constitution. H.R. 865: Mr. LARSEN of Washington. BURTON of Indiana, and Mr. PALAZZO.

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H.R. 1367: Mr. CICILLINE. Mr. GRAVES of Missouri, Mr. KING of Iowa, York, Mr. GUTIERREZ, Ms. RICHARDSON, Mr. H.R. 1370: Mrs. BLACKBURN. and Mr. SCHOCK. WAXMAN, Mr. RANGEL, and Mr. FATTAH. H.R. 1385: Mr. PAUL. H.R. 1596: Ms. HIRONO. H. Res. 60: Mr. HARRIS. H.R. 1397: Mr. WATT. H.R. 1609: Mr. STIVERS, Ms. FOXX, Mr. MIL- H. Res. 77: Mr. AL GREEN of Texas. H.R. 1402: Mr. BRADY of Pennsylvania. LER of Florida, Mr. LATOURETTE, Mr. ROSS of H. Res. 83: Mr. BRALEY of Iowa, Mr. HANNA, H.R. 1422: Mr. WELCH. Florida, Mr. BURTON of Indiana, and Mr. and Mr. KILDEE. H.R. 1433: Mr. COHEN, Mr. PENCE, and Mr. NUGENT. H. Res. 98: Mr. DUNCAN of Tennessee, Mr. GENE GREEN of Texas. H.R. 1612: Mr. ROSS of Arkansas and Mr. HOMPSON GOHMERT, and Mr. GRIFFIN of Arkansas. H.R. 1439: Mr. T of Mississippi. MCINTYRE. H.R. 1465: Mr. MCINTYRE. H.R. 1621: Mr. JOHNSON of Georgia, Mr. H. Res. 134: Mr. CALVERT, Mr. HONDA, Mr. H.R. 1466: Mr. HONDA and Mr. GRIJALVA. ENGEL, and Mr. MILLER of Florida. SHULER, and Mr. WU. H.R. 1489: Mr. JACKSON of Illinois. H.R. 1641: Mr. CULBERSON and Mr. H. Res. 137: Mr. HEINRICH and Mr. THOMP- H.R. 1505: Mr. COFFMAN of Colorado, Mr. ADERHOLT. SON of California. CANSECO, and Mr. REHBERG. H.R. 1645: Mr. JACKSON of Illinois. H.R. 1510: Mr. MCKINLEY. H. Res. 185: Mr. SERRANO. ONG H.R. 1513: Ms. MOORE, Mr. TONKO, Mrs. H.R. 1646: Mr. L . H. Res. 196: Mr. HANNA, Mr. GRIMM, and Mr. H.R. 1653: Mr. LEWIS of Georgia and Ms. MCCARTHY of New York, Mrs. NAPOLITANO, KISSELL. JENKINS. Mrs. LOWEY, Mr. MCNERNEY, Mr. WEINER, H. Res. 221: Mr. TOWNS and Mr. HASTINGS of H.R. 1671: Mr. STUTZMAN. and Ms. DELAURO. Florida. H.R. 1681: Mr. HONDA, Mr. RANGEL, Mrs. H.R. 1515: Mr. FILNER and Mr. MCGOVERN. H. Res. 231: Mr. POE of Texas, Mr. MCGOV- NAPOLITANO, Mr. BLUMENAUER, and Ms. H.R. 1546: Mr. JACKSON of Illinois, Ms. ERN, Mr. LANCE, Ms. LORETTA SANCHEZ of ´ PELOSI. LINDA T. SANCHEZ of California, Mr. ELLISON, California, Mr. MCCLINTOCK, Mr. GENE GREEN H.R. 1699: Mr. CULBERSON and Mr. BU- Mr. LATOURETTE, Ms. BALDWIN, Mr. GON- of Texas, Mr. BRADY of Texas, Ms. RICHARD- CHANAN. ZALEZ, Mr. WU, Mr. WALZ of Minnesota, Mr. SON, and Ms. CHU. RUPPERSBERGER, Mr. HIGGINS, Mr. LARSEN of H.R. 1700: Mr. ROE of Tennessee, Mr. H. Res. 240: Ms. NORTON, Mr. HIMES, Mr. Washington, and Mr. GALLEGLY. LAMBORN, Mr. TIBERI, and Mr. DUNCAN of MORAN, Ms. ESHOO, Mr. COSTA, Ms. H.R. 1551: Mr. KLINE and Mr. GRIMM. South Carolina. SCHWARTZ, Mr. COURTNEY, Ms. BORDALLO, H.R. 1555: Mr. ACKERMAN, Mr. RANGEL, and H.J. Res. 56: Mr. JOHNSON of Ohio and Mr. Mr. CICILLINE, and Mr. RICHMOND. Mrs. MALONEY. WILSON of South Carolina. H.R. 1558: Mr. BARROW and Mr. MCCOTTER. H. Con. Res. 12: Mr. FRELINGHUYSEN, Mrs. H. Res. 241: Mr. BURTON of Indiana, Mr. H.R. 1573: Mrs. HARTZLER. ADAMS, Mr. CONNOLLY of Virginia, and Mr. NUNES, Mrs. BLACK, Mr. WESTMORELAND, Ms. H.R. 1574: Mr. VISCLOSKY, Mr. CONYERS, GONZALEZ. JENKINS, Mr. LAMBORN, Mr. WEBSTER, Mr. Mrs. CAPPS, and Mr. ELLISON. H. Con. Res. 39: Mr. ROSS of Florida and CHAFFETZ, Mr. STIVERS, Mr. LATOURETTE, H.R. 1576: Mrs. CAPITO. Mrs. MYRICK. and Mr. MCKINLEY. H.R. 1588: Mr. WHITFIELD, Mr. BONNER, Mr. H. Res. 20: Ms. LORETTA SANCHEZ of Cali- H. Res. 242: Mr. STARK, Mr. THOMPSON of LATOURETTE, Mr. DAVID SCOTT of Georgia, fornia, Ms. DEGETTE, Ms. CLARKE of New California, and Ms. DELAURO.

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Vol. 157 WASHINGTON, WEDNESDAY, MAY 4, 2011 No. 59 Senate The Senate met at 10 a.m. and was Mrs. GILLIBRAND thereupon as- ing waters of the Ohio River and other called to order by the Honorable sumed the chair as Acting President rivers in the region. KIRSTEN E. GILLIBRAND, a Senator from pro tempore. I have a photo that shows the devas- the State of New York. f tation, which I witnessed personally last Friday. This is an area of southern PRAYER RESERVATION OF LEADER TIME Illinois, one that has been hard pressed The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- economically, has been struggling, and fered the following prayer: pore. Under the previous order, the now is inundated with flooding. Let us pray. leadership time is reserved. A few days ago when I visited Olive Eternal Lord God, the Father of mer- Branch and Cairo, IL, near the south- cies, show mercy to our Nation and the f ern tip of the State, I saw this flooding world. In Your mercy, give our Sen- MORNING BUSINESS firsthand. Homes, barns, and roads ators a discerning spirit so that they were covered by floodwater. Voluntary The ACTING PRESIDENT pro tem- will understand our times and know ex- evacuations have been called for in a pore. The Senate will be in a period of actly what they should do. Lord, in- dozen Illinois towns, and people are morning business for debate only until struct them in knowledge that trans- scrambling to find a place to stay with 12 p.m. with Senators permitted to forms, enabling them to guide others friends and family and shelters to wait speak therein for up to 10 minutes through exemplary living. Provide for out the flood. each, with the first hour equally di- their needs, lighten their burdens, and They worry about what will happen, vided and controlled between the two fill them with Your joy. Refresh them when they will get back in their leaders or their designees, with the ma- with Your presence as You equip them homes, and when the kids will get back jority controlling the first 30 minutes to serve You and humanity. to school. and the Republicans controlling the We pray in Your holy Name. Amen. This is another photo which dem- next 30 minutes. f onstrates the kind of floodwaters that The ACTING PRESIDENT pro tem- people are struggling with in my part PLEDGE OF ALLEGIANCE pore. The Senator from Illinois. of the world in southern Illinois. My The Honorable KIRSTEN E. f colleague, Senator KIRK, was in south- GILLIBRAND, led the Pledge of Alle- SCHEDULE ern Illinois over the last couple of days giance, as follows: and has witnessed this firsthand as I pledge allegiance to the Flag of the Mr. DURBIN. Madam President, the well. United States of America, and to the Repub- filing deadline for all second-degree We are both prepared to do whatever lic for which it stands, one nation under God, amendments to S. 493, the small busi- indivisible, with liberty and justice for all. we can to help our State and all of the ness jobs bill, is at 11 a.m. There will States in the region that have been af- f be up to two rollcall votes at noon. The fected by this terrible flooding. In APPOINTMENT OF ACTING first rollcall vote will be on the motion many cases this flooding is, unfortu- PRESIDENT PRO TEMPORE to invoke cloture on S. 493, the small nately, going to be there for some The PRESIDING OFFICER. The business jobs bill. If cloture is not in- time. clerk will please read a communication voked on the bill, the Senate will im- One of the properties I showed was in to the Senate from the President pro mediately proceed to a second vote on Cairo, IL. The water is already waist tempore (Mr. INOUYE.) the motion to invoke cloture on the high and will continue to rise. It can be The legislative clerk read the fol- nomination of John McConnell to be weeks before people can return home to lowing letter: U.S. District Judge for the District of see what, if anything, they can salvage. Rhode Island. U.S. SENATE, Late Monday night, the Army Corps PRESIDENT PRO TEMPORE, f of Engineers made a very difficult deci- Washington, DC, May 4, 2011. sion. They blew a hole in a levee on the To the Senate: MIDWEST FLOODING Missouri side of the Mississippi River Under the provisions of rule I, paragraph 3, Mr. DURBIN. Madam President, hun- near Cairo, IL, to relieve pressure on of the Standing Rules of the Senate, I hereby dreds of local first responders, 500 Na- the levee and on other levees along the appoint the Honorable KIRSTEN E. GILLIBRAND, a Senator from the State of New tional Guardsmen, and hundreds of vol- Ohio and Mississippi Rivers. That deci- York, to perform the duties of the Chair. unteers in southern Illinois are work- sion will flood farmland, and that DANIEL K. INOUYE, ing around the clock to try to protect flooding will relieve some of the pres- President pro tempore. homes and communities from the ris- sure on the towns and communities,

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

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VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.000 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2640 CONGRESSIONAL RECORD — SENATE May 4, 2011 the families and homes which have and create jobs, the jobs Americans President was not whether to solve been threatened by these rising river need. As part of that effort, we out- these crises but whether or not to give waters. lined a comprehensive jobs agenda yes- a speech about them. The decision to disable the levee at terday. Last year, we waited for weeks to Birds Point in Missouri, as difficult as And today we will oppose pre- hear the President’s position on one of it was, may have saved the lives of maturely ending debate on the small the biggest ecological disasters in his- some of the nearly 3,000 people in business bill. The other side has re- tory. And throughout this past winter Cairo, IL, and surrounding commu- fused to allow votes on some of the and spring, we waited to hear what he nities. There are early indications that best ideas Republicans have offered for thought about a debt that had spiraled the Army Corps plan is starting to creating jobs as a part of this legisla- so out of control that America’s eco- work. The Ohio River has already tion, including an important amend- nomic outlook has been downgraded to dropped 11⁄2 feet at Cairo since 10 ment by the ranking member of the ‘‘negative’’ for the first time ever. o’clock Monday night. Engineers esti- Small Business Committee, Senator We can not wait for the President on mate the water level may go down as SNOWE. And we intend to oppose their this one. much as 7 feet as a result of the release efforts to short circuit this debate The consequences of sweeping our of water at Birds Point. until they do. problems under the rug again are just I want to make it clear to the people Republicans are also committed to too great. of Missouri, to my colleagues from stopping the administration’s inexcus- So let me be clear: As even some Missouri, that I will stand with them able war on American energy at a time Democrats have conceded, a failure to to make certain there is compensation of near-record gas prices. And we are do anything meaningful about the debt given to those farmers and homeowners committed to repealing the Democrat would be far more harmful to our eco- who were affected by this decision to health care bill that is already raising nomic future than a failure to raise the open this levee. Their misfortune is costs and destroying jobs. debt limit. going to spare literally thousands of But hovering above all of this is a The warnings are simply too loud to homes and businesses from the inunda- growing fear about our Nation’s debt. ignore. tion of these floodwaters, and we The administration knows this. That In early 2008 most of us had no idea should stand with them just as if they is the reason for tomorrow’s debt meet- we were headed for a financial crisis. were the victims of the original flooding at the White House. Only a few prophetic voices were saying. So this morning I would like to start ing anything about the dangers in the I am thankful for the good news that there, because anyone who has felt housing market. the river levels are coming down, but even the slightest twinge of pain from Over the past few years, we have seen the flooding is far from over. Water the recession has a vested interest in the painful consequences of that crisis: continues to rise and overtop levees this debate. unemployment lines, lost savings, mil- throughout the southern part of my Here is why: if we do not act to re- lions of homes foreclosed. State. My heart goes out to the men duce our debt, this country could very Despite this largely unforeseen eco- and women piling sandbags, to the Na- well experience a crisis that makes the nomic catastrophe, the American peo- tional Guard—God love them; every economic meltdown of 2008 look like a ple have dug in. They have worked time we have an emergency in our slow day on Wall Street. harder. They have tried to drag the State, they are there working night That is not my conclusion. country back to fiscal health. and day—also to the men and women of That is the conclusion of the Demo- It has not been easy, but they have the Army Corps of Engineers, the Illi- crat cochair of President Obama’s own struggled every day to get us back on nois Department of Natural Resources, debt commission, a man who has spent our feet. the Illinois Emergency Management the last year looking at this issue from What I am saying this morning is Agency, and all of the agencies—Fed- every conceivable angle and who is now that the danger posed by the debt is eral, State and local—that are pitching telling anybody who will listen that not uncertain. in. America faces, in his words, ‘‘the most It is coming right at us. I stand ready with Senator KIRK to predictable economic crisis in his- It is, as the cochair of the President’s help in any way we can in Illinois and tory.’’ Debt Commission put it, the most pre- here in Washington over the next few Few of us saw the last crisis mate- dictable crisis in history. And anyone days and weeks. rialize. This one we can see. And a who is more concerned about raising I yield the floor. growing number of people now recog- the debt ceiling than in using this debate as an opportunity to prevent this f nize that the upcoming vote on the debt limit provides us with the single most predictable crisis will answer for RECOGNITION OF THE MINORITY best opportunity we have to avoid this it. The American people will make sure LEADER crisis before it strikes. of it. The ACTING PRESIDENT pro tem- This is the moment to get serious Some may continue to deny that we pore. The Republican leader is recog- about preventing this approaching cri- need to do something about the debt; nized. sis and to show the world that we can that the only thing we need to do is f come together, not for the sake of raise the debt limit and leave it at party but for all Americans. that. They want people to think this is DEBT LIMIT The world is waiting for America to all just some political exercise, and Mr. MCCONNELL. Madam President, get its fiscal house in order. The fact that we all just vote according to the although lawmakers returned to Wash- that members of both major parties are President’s political affiliation any- ington this week amidst news of a sig- now showing a willingness to do it is way. nal achievement in the war on terror, an encouraging sign. Those days are over. Anyone who we also return to many critical debates But if we are actually going to do continues to pretend otherwise is not about the situation here at home. this, more Democrats in Washington just deluding themselves. They are de- Gas prices are straining budgets and have to acknowledge the problem, and luding the American people. threatening to stall the economic re- the urgency of addressing it now, in a There isn’t a single one of us who has bound we have all been waiting for. serious way. not vowed to do everything in our Millions of men and women across the I realize that for some people that is power to prevent the next crisis from country still can not find a job. a difficult thing to do. We are all grate- happening. Now we know for certain— And the two major parties have now ful to the President’s decisiveness over absolutely certain—it is on the way— presented competing visions of our eco- the weekend in going after Osama bin unless we act to prevent it. Raising the nomic future. Laden. He is to be congratulated for it. debt limit alone will not prevent this Republicans have shown that we are Yet over the past 2 years, we have had crisis; it simply avoids it. committed to creating an environment many crises. And all too often, it That is why the only way we can in which the private sector can flourish seemed the hardest decision for the claim we have actually done something

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.002 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2641 meaningful in this debate is to insist Everyone has a stake in this debate. Throughout his career, Jack has dem- on meaningful reforms as the price of If we face up to it as adults, we will not onstrated the kind of legal ability, integrity, our vote. Yes, we have had clean debt only prevent a crisis, we will preserve dedication to his client, and willingness to ceiling votes before. That was before our common way of life, and we will fight hard for the cause of justice that show the world the United States can makes him a truly outstanding candidate for S&P gave us a negative outlook for the the Federal judiciary. . . . In my opinion, he first time ever and told us we risk a solve its problems head on. Millions of would bring the kind of experience to the downgrade unless we get our fiscal Americans are looking for work and Federal bench that would make him an out- house in order. That was before the struggling every day to rebuild their standing judge presiding at trials, and a fair world’s largest private holder of U.S. lives. Families and small businesses and impartial arbiter for those who come be- Treasurys dumped its share of U.S. are being squeezed by gas prices and an fore him. debt. That was before a commission administration that refuses to do any- I would add that Attorney General that has spent a year studying this thing about it. Pines’ Republican predecessor as attor- issue told us we are headed for ruin un- We will have debates about this in ney general, Arlene Violet, has been less we act to prevent it. That was be- the days ahead, and Republicans will equally complimentary. fore this administration added trillions continue to make the case for tapping John Harpootian, the former Repub- to the debt and submitted a budget our own energy resources. We will lican Party vice-chair, has added: plan this year that called for another make the case against new taxes and One of the greatest characteristics that I $13 trillion in debt over the next 10 regulations and a health care law that admire about Jack so much is that, despite years alone. is stifling jobs and creating new bur- political differences of opinion, he never al- The crisis is here. The time to act is dens. But all these efforts rise or fall lowed those differences to become personal now. on whether we do something about our or to cloud his judgment. As a result, we We hear a lot from administration of- debt. have always enjoyed spirited conversation ficials about what a catastrophe it It is time to show we can tackle the regarding political issues, but have remained would be if we didn’t raise the debt big stuff. The stakes are too high to let great friends. These characteristics lead me to unqualifiedly support Jack’s confirmation ceiling, and there may very well be this debate come and go without acting. Denying the problem will not solve to the United States District Court for some merit to that argument. But Rhode Island. it. Avoiding the problem until the next what good would it do to raise the There has been similar support be- limit and wait for the disaster to election will not solve it. Giving speeches about the problem will not yond the Republican Party from the strike? We might as well tell people to editorial board of our State’s leading move to the second floor in case of a solve it. The time has come to act. The ACTING PRESIDENT pro tem- newspaper, The Providence Journal, fire on the first floor. owned by the Alexis Belo Corporation. My constituents do not have the jobs pore. The Senator from Rhode Island. Despite disagreeing with McConnell on to lose. Kentucky doesn’t have the Mr. WHITEHOUSE. Madam Presi- major litigation he brought in private wealth to give away. We have seen the dent, are we in morning business? The ACTING PRESIDENT pro tem- consequences of a recession we did not practice, the paper wrote not one but pore. Morning business. predict. There is no excuse not to do two separate editorials supporting his everything in our power to prevent one f nomination. The paper opined, for example: we know is coming. NOMINATION OF JOHN MCCONNELL So let me suggest a way forward in Jack McConnell, in his legal work and Mr. WHITEHOUSE. Madam Presi- community leadership, has shown that he this debate. dent, I rise to speak in support of the No. 1, pitting one group of Americans has the legal intelligence, character, com- nomination of John McConnell to be a passion, and independence to be a distin- against another isn’t going to solve the U.S. district judge in my home State of guished jurist. problem. In fact, it is part of the prob- Rhode Island. I had the occasion yes- lem. We all know it is going to take all The Providence Chamber of Com- terday to be on the floor and to asso- of us working together to get out of merce has weighed in to praise him as ciate myself with the remarks of my this crisis, so why don’t we start acting a ‘‘well-respected member of the local senior Senator, JACK REED, but I wish like it? community.’’ Jack certainly has richly to add some remarks of my own regard- No. 2, there are not enough taxes deserved that title with all his various ing how worthy an addition to the Fed- Americans, rich or poor, can pay to community service throughout the eral bench Jack McConnell will be and sustain the kind of spending Democrats years, whether for Crossroads Rhode Is- to urge my colleagues to support his in Washington want. The President land, the State’s largest homeless cen- nomination and, in particular, to sup- may say he wants to tax the rich, but ter, Providence’s Trinity Repertory port an up-or-down vote on his nomina- sooner or later he is going to have to Theater, the Providence Tourism Coun- tion. tax everyone else to pay for his plans. cil or other organizations. The McConnell nomination has been What is more, we all know raising In sum, those who know Jack McCon- reported on three separate occasions by taxes would stall the rebound we all nell as a lawyer and as a person recog- the Senate Judiciary Committee, each claim we want. So let’s admit we do nize that he will be a great district time with a bipartisan vote. This bipar- not have a revenue problem; we have a court judge, with a proper under- tisan backing is not a surprise, given spending problem. standing of the limited judicial role. A the broad support his nomination has No. 3, we all know entitlements need native Rhode Islander and a graduate found across the political spectrum in to be part of this discussion. It is about of Brown University, McConnell will my home State of Rhode Island. I will time everyone starts acknowledging it. make his State proud in his service on not read all the quotes of support from I have seen the ads about lawmakers the Federal bench, particularly at a prominent Republicans back home, but voting to end Medicare. Let’s be honest time when our court is straining under let me just touch on a few. and admit nobody is talking about tak- the workload caused by the vacancy he Republican former Chief Justice Jo- ing anybody’s Medicare. Frankly, it is would fill. seph R. Weisberger, an extraordinarily pathetic to claim otherwise, and it Unfortunately, out-of-State interest respected jurist of our State’s supreme only makes the problems harder to groups have politicized the McConnell court, stated, for example, that McCon- solve. nomination. I am not going to spend nell: No. 4, let’s discuss the art of the pos- time now rebutting every argument sible. We all know tax increases would . . . would be superbly qualified to preside as these special interests and their well- a Federal judge over the most challenging not pass the House because of the dam- and complex cases. He is a man of keen intel- paid lawyers have concocted to attack age they do to family budgets and busi- ligence and impeccable integrity. He would this nomination. Suffice it to say that nesses, and a bipartisan majority in be a splendid addition to the distinguished Jack McConnell has answered all the the Senate opposes raising taxes on bench of the United States District Court of questions posed to him by this body, families, on energy production, and Rhode Island. leaving no doubt about his legal skill small businesses across America. So Republican former attorney general or his integrity. let’s set that aside and find common of Rhode Island Jeffrey Pine provides I will briefly make two points, how- ground. equally glowing reviews: ever.

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He mesothelioma victim. It should not in this case, and I fear it is a con- has received numerous accolades and disqualify MCCONNELL or anyone from sequential departure. The majority awards, such as the National Associa- confirmation. The most important leader has been forced to file a cloture tion of Attorneys General President’s measures of a judicial nominee are motion on this nomination. I, never- Award and Case Western Reserve Uni- legal expertise, strong character, and a theless, hold out hope our Republican versity’s Martin Luther King, Jr., proper understanding of the judicial colleagues will allow the motion to be Award. He has been named to numer- role, and those are qualities that Jack withdrawn and grant an up-or-down ous lists of the best lawyers. He has the McConnell possesses in abundance. vote to be held in short order. Doing so top rating in both ethics and achieve- Yes, Jack McConnell has been active would be the proper course of action, in ment from Martindale-Hubbell, which in politics, much like he has been ac- keeping with this institution’s best is the service that reviews and lists, tive in many other aspects of Rhode Is- traditions and most conducive to fu- practically, every attorney in the land public life. The question, however, ture comity on nominations. Indeed, it United States. is not whether he has been politically would be consistent with the clearly But I do not simply want to repeat engaged in the past but, rather, wheth- held and firmly stated views my Re- Jack’s extraordinary resume of hard er he will put aside his political advo- publican colleagues have indicated in work and success. I want to share some cacy when he goes on the bench. I the past. of my personal judgments. He is fun- know he will. My senior Senator, JACK Once again, I urge my colleagues to damentally and extraordinarily a de- REED, knows he will. Mr. McConnell support the nomination of John cent and honest person. He started out testified before the committee that he McConnell to the U.S. District Court from very humble beginnings. He has would. Consider what Judge Bruce for the District of Rhode Island. I urge worked hard for everything he has ac- Selya of the First Circuit Court of Ap- them to give deference to the judgment complished in his life. Through his peals, a Republican appointee, said of Senator REED and myself in this hours of not just legal work but pro when interviewed by The Providence area and, at a minimum, to grant him bono work and volunteer work, he has Journal: the up-or-down vote that is Senate tra- contributed more to the community It would be a terrible rule to say can- dition for district court nominees than anyone I can think of in my home didates should be excluded if they donate to backed by both home State Senators State of Rhode Island. And he has done their political parties in a perfectly legal who have emerged, in this case in a bi- it without fanfare. He has done it with- fashion. partisan fashion, from the Judiciary out self-promotion. The paper continued, describing the Committee with clearance from the He was raised by his late father, who interview with Judge Selya: ABA and the FBI. Jack has proven served in Korea with the U.S. Marine Selya said that when Senators weigh the himself to be an excellent lawyer and Corps and continued to serve in the credentials of political contributors who are public-minded citizen of the highest in- Marine Corps Reserve. His mother Jane nominated to the Federal bench, the proper tegrity and he will be a great district was a teacher. They demonstrated to question is not how much money did they court judge. him the values of hard work and integ- give, but rather, can they make the transi- I thank the Acting President pro rity and decency and honesty that have tion from partisans to impartial jurists. The tempore and yield the floor. been the hallmark of his efforts and ca- judge said he believes McConnell can do The ACTING PRESIDENT pro tem- reer. that. pore. The Senator from Rhode Island. While he was also juggling a very de- Judge Selya is not only a leading Re- Mr. REED. Madam President, I rise manding legal career and a family and publican jurist in Rhode Island, he is to join my colleague, Senator children, he took the time, early every also a man of impeccable integrity, and WHITEHOUSE, in strongly supporting Monday morning, to go to Amos House, his vouching for Jack McConnell is en- the nomination of Jack McConnell to which is a soup kitchen in Providence. titled to considerable weight among all be a United States district court judge It is where the poorest of the poor go those who know Judge Selya. for the District of Rhode Island. In- simply to get some food for the day. He We must not disqualify talented and deed, as my colleague indicated, there would quietly and anonymously serve successful advocates merely because of is a big issue here beyond Mr. McCon- breakfast, without publicity, without their prior political or legal advocacy. nell; which is whether we are going to fanfare, because he saw this as being Some of my Republican colleagues may institute a new threshold of cloture, part of the community—someone re- not like the suits McConnell chose to which could be routinely applied to all sponsible not just for personal success, bring. I do not share that view, but fair district court judge nominees. As my but for contributing back because he enough. We should remember, however, colleague indicated, this is an extraor- has been fortunate in his life. that lawyers we disagree with can dinary departure from the history of He was a Big Brother to a young man make the transition from advocate to this Senate going back decades. in the west end of Providence, a poor arbiter. Lawyers nominated by Repub- We have long adhered to the tradi- neighborhood. He has taught first com- lican Presidents who defended corporation that local Senators and the local munion classes in his parish for years. tions all their private practices simply legal community and the local civic He has been a volunteer attorney at do not have a monopoly over the prop- community are the best judges for a homeless legal clinics in Providence er judicial mindset. potential nominee, subject, obviously, and Pawtucket—two of our central cit- Let me make a last point before I to the President’s action and, quite im- ies. He has served on numerous close. The tradition of this body has portantly, to the review by the Amer- boards—Crossroads Rhode Island, the been to give up-or-down votes to dis- ican Bar Association and, quite impor- biggest and largest homeless service in trict court nominations reported favor- tantly, the background checks of the the State of Rhode Island. He has been ably by the Judiciary Committee and FBI, and, quite importantly and very, there working hard, tirelessly. He has who have the support of both home very importantly, to the deliberations chaired the Providence Tourism Coun- State Senators. That is an important of the Judiciary Committee here in the cil, which has worked with the Greater tradition in this body. Cloture has not Senate. This has been the process for Providence Chamber of Commerce to historically been required. The Con- both Republicans and Democrats. It promote the city of Providence. gressional Research Service reports has extended over decades, and it is These are the types of attributes, ex- that from 1949 to 2009—over six dec- something I hope we can respect today periences, life experiences, that form a ades—only three cloture motions were through our deliberations and the con- person and also provide the basis for ever made on district court nomina- clusion of these deliberations. being a judge. Because the quality I

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.003 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2643 think we all have to look for in a per- He is a man of tremendous character, fair judge. He would be a credit to our state son, who is sitting in judgment of com- recognized by community leaders. The and judiciary. I enthusiastically support his plicated civil cases, serious criminal Institute for the Study & Practice of candidacy for the position on the federal bench. cases, but ultimately cases involving Nonviolence—an innovative organiza- men and women, is that they feel that tion on the south side of Providence— This is our former Republican attor- this person understands them and will their executive director, Teny Gross, ney general. If that judgment is not sufficient, let be fair to them, regardless of whether wrote in strong support. me render another judgment. This is in they are a large corporation or a poor Rhode Island Supreme Court Justice the form of a colleague, a former Penn- person before the district court. I am Joseph Weisberger, one of the most re- sylvania Attorney General, a Repub- convinced Jack McConnell will do spected jurists in the history of Rhode lican, who is now a member of the U.S. that—impartially, deliberately, and Island, said of his nomination: Court of Appeals for the Third Circuit. carefully. These are the qualities he His great experience as a litigator has This body, at the recommendation of has exemplified throughout his career. given him exceptional knowledge of the in- the Pennsylvania Senators, years ago, Jack enjoys strong support and broad tricacies of the rules and practice and proce- under President George W. Bush, con- support throughout the State of Rhode dures of federal courts. He would be superbly firmed unanimously D. Michael Fisher Island, and it is a reflection of his work qualified to preside as a federal judge over to serve—after distinguished service as not just as an attorney but as a civic the most challenging and complex cases. He would be a splendid addition to the distin- a Republican attorney general in Penn- leader. I have heard from members guished bench of the United States District sylvania—as a circuit judge. Here is from the business community, the Court of Rhode Island. what Judge Fisher said: Rhode Island judiciary, the legal com- Justice Weisberger is a former Navy I met and worked with Mr. McConnell munity, Republican and Democratic veteran and a 45-year veteran of the when I was the elected Attorney General of elected officials, members of the cler- Rhode Island bench, and he is a man Pennsylvania from 1996 to 2003. We worked gy, as well as individuals from Rhode who commands enormous respect in very closely together on the national to- Island’s nonprofit sector and academic bacco litigation . . . and worked closely with Rhode Island. Mr. McConnell. . . . We spent considerable sector. All of them have submitted let- The Republican mayor of Rhode Is- ters for the record, but I want to high- time together in New York and at meetings land’s second largest city, Scott elsewhere and I had the unique opportunity light a few. Avedisian, has said: to assess Mr. McConnell’s legal abilities and The Greater Providence Chamber of his character which were both outstanding. Commerce called Mr. McConnell ‘‘a Jack is a man of integrity, a strong sense of community, and a very fair and forward- . . . John J. McConnell Jr. is an outstanding well-respected member of the local thinking individual. nominee to serve on the U.S. District Court community, leading important civic, for the District of Rhode Island, and I enthu- This is a Republican elected official: charitable and economic development siastically support his nomination. ‘‘a very fair and forward-thinking indi- institutions including Crossroads These are the words of a Federal cir- vidual.’’ Rhode Island, the Providence Tourism cuit court judge, nominated by Presi- Business executive Merrill Sherman, dent George W. Bush and confirmed Council and Trinity Repertory The- an avowed believer in the free market, atre.’’ They do not oppose his nomina- unanimously by this Senate. a very successful entrepreneur and Again, I implore my colleagues to lis- tion. If I were looking at the business banker, concluded Mr. McConnell ‘‘has community, I would look at the local ten to what people who know Jack the temperament, demeanor and capac- McConnell have said and the words business community, not the national, ity to be an excellent federal trial organized efforts, whose agenda is they have used: integrity, honesty, judge.’’ character, independence, impartiality. sometimes very far removed from the So if Mr. McConnell is so bad for needs of the small business men and Those are the words used by people business, why are business leaders in who know him, and that is the truth. women of Rhode Island. the State reflecting on his qualities The Providence Journal, as my col- I urge not only on the merits, but and giving him accolades and pre- also in terms of the traditions of the league has cited, has repeatedly edito- dicting he will be a distinguished ju- rialized in favor of his nomination. He Senate that we allow this vote to come rist? to a final vote and that we vote for Mr. has received emphatic and consistent John Harpootian, another major Re- McConnell. endorsements. In May of 2010, they publican attorney in the State, a dis- But let my turn briefly to the claims said: tinguished attorney, stated: made by some. Frankly, I am a little Providence lawyer John J. McConnell Jr., In my view, however, the most important bit leery to address these supposed whom President Obama has nominated to attribute is integrity. Time and again, Jack serve on the U.S. District Court for Rhode Is- criticisms, but they have been leveled has proven that he is a man of great prin- land, is a very able attorney. He has also and I think there should be some re- ciple and integrity. While being a vigilant demonstrated much civic commitment and sponse. advocate for his clients and the causes that leadership as a very generous philanthropist The first claim seems to be that Mr. he has taken up during his professional ca- and board member of various nonprofit orga- McConnell is anti-business. Well, out- reer, Jack has always conducted himself in nizations in our area. the most ethical and professional manner; a side of the support he has received Furthermore: trait unfortunately sometimes not found from business leaders from Rhode Is- Jack McConnell, in his legal work and among lawyers today. land and the Providence Journal, community leadership, has shown that he One of the greatest characteristics that I which has a historic reputation going has the legal intelligence, character, com- admire about Jack so much is that despite back several years of being a promi- passion and independence to be a distin- political differences of opinion, he never al- nent supporter of business in Rhode Is- guished jurist. lowed those differences to become personal, land, I think it is also good to ref- After no action was taken on Mr. Mc- or to cloud his judgement. erence the fact that two insurance in- Connell’s nomination by this body in I am hard pressed, again, to believe dustry trade associations—the Na- the previous session, the Providence the suggestions that have been made tional Association of Mutual Insurance Journal wrote, in November 2010, that that in some way Mr. McConnell is not Companies and the Property Casualty Mr. McConnell is: a completely ethical person because Insurers Association of America—origi- one of America’s most able and successful every bit of evidence from Rhode Is- nally signed a letter in 2010 that stri- litigators, and has been a very energetic and land—Republicans, Democrats, law- dently attacked Mr. McConnell. generous leader in philanthropies and other yers, business leaders—from a lifetime However, in December of 2010, both of parts of community life. His character and of observation suggests that he is eth- these associations, which represent deep love of the law suggest strongly that he ical. companies that scrupulously work for will function as a disinterested judge—one But perhaps the most compelling their shareholders, withdrew their op- able to look at the facts of each case in the light of a close and rigorous reading of statu- words are the words of former Rhode position because they stopped and tory and constitutional law and precedent. Island Republican Attorney General looked at the facts. Indeed, his legal work and community lead- Jeff Pine. As Jeff concluded: They spoke to their Rhode Island in- ership suggest that he would be a distin- There is no question in my mind that Jack surance company members. They ex- guished jurist. would be an honest, principled, ethical, and amined the Republican support for Mr.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.024 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2644 CONGRESSIONAL RECORD — SENATE May 4, 2011 McConnell. They listened to what the General Pine then asked Mr. McCon- chose, to have a right-to-work law, cre- Greater Providence Chamber of Com- nell to provide a legal memo on this ating a competitive environment in merce had to say. To quote from the matter. Attorney General Pine re- which we can create more jobs in this National Association of Mutual Insur- viewed the materials and believed the country. This is in reaction to the ac- ance Companies’ letter: case was solid but did not want to un- tion by the National Labor Relations Upon further consideration and consulta- dertake the case due to the end of his Board that would basically say the tion with our member companies in Rhode term. In 1999, AG Pine’s successor, who Boeing Company could not expand into Island, and after evaluating support for Mr. happened to be Senator WHITEHOUSE, a nonunion State. McConnell from the local business commu- asked to be briefed on the matter. Then I ask unanimous consent to have nity and former Rhode Island Attorneys Attorney General WHITEHOUSE, asked printed in the RECORD an editorial in General Arlene Violet and Jeffrey Pine, another firm, DeCof and DeCof, to re- the Wall Street Journal today called NAMIC withdraws its opposition to his nomination. . . . view the case, and this firm found the ‘‘Congress vs. the NLRB.’’ merits of the case to be factually and There being no objection, the mate- Again, those who have carefully con- legally sound under Rhode Island law. rial was ordered to be printed in the sidered Jack McConnell have acknowl- The case was then actively litigated by RECORD, as follows: edged that he will bring no personal the state under AG WHITEHOUSE’s ten- agenda to the courtroom, as he has tes- CONGRESS VS. THE NLRB ure. It was then reviewed by AG tified truthfully and accurately. President Obama’s National Labor Rela- WHITEHOUSE’s successor, who decided tions Board has spent the year thumbing its Another insinuation is that Mr. after much deliberation to continue nose at Congress by reinterpreting long- McConnell has not comported himself the case. So there you have it. A Re- standing labor law on behalf of union friends. in an ethical manner. This is a serious publican Attorney General chose Mr. Congress is finally fighting back. charge. If any Senator is going to level McConnell more or less and his Demo- Tennessee GOP Senator Lamar Alexander this kind of assertion, they have to along with South Carolina Senators Lindsey cratic successors retained his firm. have clear and compelling facts on Graham and Jim DeMint are this week intro- I am also told this proposed arrange- ducing legislation to rein in the labor their side. ment was submitted to the court, the Indeed, in his over two decades of board’s latest assault on business. The court reviewed it, and did not object to board’s complaint against Boeing, filed last practice, Mr. McConnell has never had it. I am also told by Senator month, is the first shot in a new union war an ethics complaint alleged or filed WHITEHOUSE that, indeed, the judge had on federal right-to-work law, a policy shift against him. He has never had a mal- the final approval of any type of pay- that is every bit as threatening as the drive practice claim alleged or filed against ments made. That is the type of ar- to get rid of secret ballots in union elections. him. He has never had a rule 11 motion rangement I think is well within the Boeing decided 17 months ago to invest $2 filed against him. billion building a new production plant for consistency and ethics of procedures its 787 Dreamliner in South Carolina. It The ACTING PRESIDENT pro tem- within Rhode Island and across the Na- pore. The Senator’s time has expired. made the decision only after talks broke tion. down with the International Association of Mr. REED. Madam President, I ask I could go on and on. I conclude by Machinists and Aerospace Workers, whose unanimous consent for 2 more minutes. saying this: This is an individual of in- members wanted the work at a unionized Mr. ALEXANDER. Madam President, tegrity, character, decency, education, plant in Washington state. The union’s many reserving the right to object, then we talent, and skill. Today, we are on the strikes over the years have cost Boeing a would need to add 2 minutes to the Re- verge, I hope, of confirming a district bundle. South Carolina, like 21 other states, publican side, and I ask unanimous has a right-to-work law, which forbids com- court judge nominee. If we reject this pulsory unionism. consent for that. person through a cloture fight, we are The ACTING PRESIDENT pro tem- The Obama NLRB nonetheless chose to setting up an extraordinarily dan- make Boeing a whipping boy in a new offen- pore. Without objection, it is so or- gerous precedent that in the future sive against right-to-work states. It filed a dered. could be used to prevent individuals of complaint demanding that an administrative Mr. REED. There is a third claim character and talent from serving on law judge halt the South Carolina plant (set against Mr. McConnell regarding the the bench. to open in July), and force Boeing to move State of Rhode Island’s lawsuit against I yield the floor. production to Washington. a number of companies which, at one The ACTING PRESIDENT pro tem- This despite the fact that Boeing made clear this is a new production facility or that time, manufactured lead paint. Let me pore. The Senator from Tennessee. state for the record that this process it has added 12,000 jobs in Washington since Mr. ALEXANDER. Madam President, announcing the South Carolina move. had its start under a Republican Attor- I ask unanimous consent that over the No matter. The complaint’s real target is ney General, Jeffrey Pine, and then next 30 minutes Republican Senators the federal right-to-work guarantee. Among continued under two succeeding attor- led by the Senator from Ohio, Mr. the most celebrated provisions of the 1947 neys general. PORTMAN, and including the Senator Taft-Hartley Act is what’s known as 14(b)— The lawsuit had precedent under from Wyoming, Mr. BARRASSO, Senator the section that allows states to pass right- to-work laws. The Boeing complaint guts Rhode Island law. While it was a CORNYN from Texas, Senator HOEVEN that guarantee by effectively requiring com- lengthy and difficult trial, Judge Sil- from North Dakota, and myself be per- verstein, a State superior court judge panies to continue manufacturing in union mitted to engage in a colloquy. states—or be found guilty of a rights viola- who oversaw this trial and was respon- The ACTING PRESIDENT pro tem- tion. This is a union dream come true, on par sible for the court’s business calendar, pore. Without objection, it is so or- with ‘‘card check.’’ had nothing but praise for Mr. McCon- dered. As Senator Alexander tells us, this is a di- nell’s involvement and that of his op- f rect attack on a right-to-work law that was posing counsels. Again, Judge Silver- ‘‘thoroughly debated’’ by Congress in 1947 stein is one of our most respected RIGHT-TO-WORK LAW and ‘‘remains clear today.’’ The Alexander- judges by all sides and by the entire Mr. ALEXANDER. Madam President, Graham-DeMint legislation would clarify the Rhode Island bar for his judgment, in- it seems as if every day there is some existing provision, ensuring that state right- to-work laws cannot be pre-empted by the tegrity, and his skill. He had nothing new action by the Obama administra- NLRB or union contracts. We’re assuming but praise for Mr. McConnell’s involve- tion that throws a big wet blanket over the 11 Democratic Senators from right-to- ment. job creation in America. Republicans work states will stand up for their non- A fourth claim is an insinuation that haven’t been hesitant to point this out unionized workers—if Senator Majority Mr. McConnell received some kind of and talk about too many taxes, too Harry Reid (from right-to-work Nevada) al- favoritism when the state selected a many regulations, too much debt, high- lows a vote. legal firm to bring the lead paint law- er gasoline prices, higher health care Boeing will fight the NLRB complaint, suit. The facts are again different from costs, and the health care law. though that might mean a protracted court fight. It also means more uncertainty for the claim. First, Mr. McConnell and Yesterday, Senators GRAHAM and every business considering a move of future former Attorney General Pine dis- DEMINT and I introduced legislation to production facilities to a right-to-work cussed this issue within the context of reaffirm section 14(b) of the Taft-Hart- state. Many of them may simply relocate the global tobacco litigation. Attorney ley Act to permit States, if they so manufacturing overseas.

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.026 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2645 This is the latest gambit from an Adminis- We need a workforce that is more moving. It is about unburdening our tration that has been ramping up its regu- competitive, and that requires the Fed- economy from the overregulation that latory and enforcement powers on behalf of eral Government to do a better job on is hurting job creation. It is about special-interest allies such as unions. The helping to create a more competitive only check against this is Congress, so we’re workforce development. Also, there is glad to see Members speaking up. the need to increase and expand ex- workforce to compete in a global economy. It is about increasing our exports, Mr. ALEXANDER. Madam President, ports. The President has talked about and it is about a truly comprehensive as important as it is to say what we that. We are eager to get trade agree- approach to energy that will help us don’t like about the Obama adminis- ments in Congress. We can create hundreds of thousands of new jobs imme- develop all of our sources of energy, tration’s job policy, it is even more im- both traditional and renewable. It is portant for us to say what Republicans diately through expanding markets. We also talked yesterday about en- also about commonsense health care will do to create an environment to reform. We need to do that because we make it easier and cheaper to create ergy. This is important. There are things we can do right now to get have more than 15 million people who private sector jobs. are unemployed. Every day they are Senator PORTMAN of Ohio has a America less dependent upon foreign unemployed is one day too many. We strong background as a budget direc- oil and use our own resources in this country more effectively. Then in also have to get on top of this deficit tor, as a Congressman, and as a trade and debt we face. That means control- negotiator in the Bush administration, terms of the health care circumstances—we will talk about this in ling our spending, reducing our spend- and he has a good understanding, rep- ing, but it also means growing our resenting one of our largest and most a moment—every person I have talked to in Ohio, and I have been on over 200 economy. That is the way to not only important manufacturing States, of ex- get people back to work but reduce the actly what kind of policy it takes to factory visits in the last couple years— tells me the cost of health care is going debt and deficit. create an environment for job growth. If we look at the 1990s when we were up not down, which is making it harder He has been working with Republican in a somewhat similar situation, that to create jobs. We will talk about the Senators so that we can clearly state is exactly what we did. We need to go our progrowth plan. We would like to need to reduce health care costs. back and do that. North Dakota is a This is a commonsense, seven-point discuss that. large energy-producing State—oil, gas, plan to get the economy moving and I ask Senator PORTMAN, what would clean coal technology, and also the re- create jobs. It is incredibly important be the keys to the Republican plan to newables, biofuels, and wind. But the to get the unemployment numbers make it easier and cheaper to create way we did it wasn’t through govern- down and to be sure American families private sector jobs? ment spending. It was through creating Mr. PORTMAN. I thank my colleague have opportunities. It is also very im- a legal, tax and regulatory environ- from Tennessee. I happen to have the portant, though, in terms of dealing ment and creating certainty so that answer to his question. Yesterday—he with the debt and deficit because, al- companies and entrepreneurs could in- is correct—we did propose a jobs plan, though we need to restrain spending— vest in energy and advanced manufac- which is a series of commonsense pro- and Congress is beginning to take turing and technology—the whole posals to get our economy back on small steps in that regard—we also gamut. But there are hundreds of mil- track and create jobs across our coun- need to grow the economy. lions to billions of dollars today that try. When we have 1.8 percent economic would go into investments all over this You will recall that a few years ago growth, which we had in the last quar- country in the energy patch, both tra- there was a stimulus effort in the Con- ter, which is anemic, weak, and not ditional sources and renewable sources gress—the President’s $800 billion stim- something we should be satisfied with, of energy, with the latest, greatest ulus plan—that was passed. The idea it is difficult to create that economic technology—more energy, more de- was to get the economy back on track. growth to help deal with this huge pendable, and cost effective, with bet- There were estimates that it would overhang of deficits and debts. ter environmental stewardship. have a big impact on job growth and, in As the Senator from Tennessee said, That is what this is about, creating fact, reduce our unemployment num- we have other colleagues with us the right environment. By the same bers significantly. That didn’t happen. today, and Senator JOHN HOEVEN from token, we are looking at three different One of the reasons that didn’t happen North Dakota will talk about these trade agreements: the South Korea is because it relied too much on gov- issues, as will Senator BARRASSO from Free Trade Agreement, the Colombia ernment providing the resources for Wyoming. Senator CORNYN from Texas Free Trade Agreement, and the Pan- jobs. Government doesn’t create jobs, has just joined us. ama Free Trade Agreement. These but government can create the climate I ask Senator HOEVEN, a former Gov- would create more economic activity. for job growth. Our view is that we ernor of North Dakota—where there is The Korea agreement alone is expected need to take a different approach. That about 3.6 percent unemployment and is to increase U.S. exports to South approach is to stimulate private sector a State that is producing domestic en- Korea by $10 billion a year. We are job growth and create that pro-growth ergy to help meet our needs and is a talking hundreds of thousands of jobs. environment. big State for exports—if he will talk We need to be working on those free- The seven proposals we announced about his ideas on job growth and how trade agreements right now, today, to yesterday as part of our jobs plan in- it fits into this job plan. approve them. I urge our leadership clude being sure that we do indeed deal Mr. HOEVEN. Madam President, I and the administration to work with us with the deficit and debt because that say to my colleagues, Senators to get those trade agreements to the is a negative impact today on our econ- PORTMAN, ALEXANDER, BARRASSO, and floor and get them approved as part of omy. In fact, there are economic stud- CORNYN, that it is great to be here this this comprehensive jobs plan. ies out there showing that our GDP is morning to engage in this colloquy. I I thank my esteemed colleagues much smaller than it would otherwise want to follow up on the points that again, and I commend Senator be but for the deficit and debt. Also, we my esteemed colleague referred to on PORTMAN for his outstanding work on need to reform the Tax Code to spur both energy and trade. They are very this plan. I thank all of the members of economic growth. Economists across important in terms of job creation for our caucus for the contributions they the spectrum agree that we can stimu- our country. have made to this plan. Also, again, I late economic growth by having a Tax If I could, I will start for a minute on express our desire to go to work with Code that makes more sense for job the comprehensive nature of this jobs our friends across the aisle on all of creation. plan that Republicans have put to- these provisions for the benefit of all of Regulation is a major issue. We will gether. If we look at it, we will see that those who are looking for work, for the hear from our colleagues who want to it is truly comprehensive. It is about benefit of our economy, and for the im- make sure we have regulatory relief for living within our means, about reform- portant role that economic growth, small businesses which are not able to ing our Tax Code, without raising along with spending restraint, will play create jobs because of the increased taxes, to create a progrowth environ- in helping us get on top of our debt and regulations coming from Washington. ment, create jobs, and get our economy deficit.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.001 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2646 CONGRESSIONAL RECORD — SENATE May 4, 2011 With that, I turn the colloquy back Senator PORTMAN has put together, About $800 per family this year in high- over to Senator PORTMAN for his addi- along with the members of the Repub- er gasoline rates than last year. If you tional remarks. lican Party. A big part of this plan has are a family, that has an impact on Mr. PORTMAN. Madam President, I to do with the rules and regulations your quality of life. It has an impact if thank my colleague from North Da- that come out of Washington, DC— you are trying to deal with bills, kids, kota. He makes great points about the rules and regulations that may not and a mortgage. But there are a lot of need for us to use our resources at even be connected to laws that were regulations out there. The American home on energy and for us to expand passed in this body but rules and regu- people see this. exports because that immediately cre- lations put forward by this administra- Also, over 70 percent of the American ates jobs in this country. He has done tion, by people who have a different people know in their hearts and believe it. As a Governor, he rolled up his view of how America works. that small businesses—the job creators sleeves and got directly involved in I was encouraged over 100 days ago of this country—are impacted much economic development. He knows what when the President said he had an Ex- more than the large businesses of the it takes. The fact that he has been a ecutive order that would try to elimi- country. But it is the small businesses champion of this plan and helped put it nate some of the redtape. Here we are we want to help. together gives me confidence that this 100 days later, and it is just another The other point that more than 70 is going to work. broken promise from this administra- percent of the American people believe, We need to work on a bipartisan tion. The redtape continues to hold in a poll by the Tarrance Group, is that basis. We are reaching out to our col- American small businesses hostage. if regulations make it too expensive to leagues on the other side of the aisle We are trying to cut through that keep jobs in America, businesses will and the administration. So much of redtape. The American people realize continue to move overseas. Businesses this is common sense. These are things it. The administration may not realize will continue to move overseas. we should do now. it, but the American people realize it. There is so much uncertainty with We are also joined by our colleague When the American people were ques- the rules and regulations coming out of from Wyoming. He is Wyoming’s doc- tioned just this last month about this town that it is paralyzing the rest tor. He is also a leader in the Senate whether there are too few regulations of our country. That is just on the and has taken the lead on a number of or too many regulations and the im- rules and regulations aspect that peo- issues related to jobs, two of which are pact on business, a majority said there ple can see. There are so many rules part of our jobs plan. One is, of course, are too many regulations on our busi- and regulations that are still coming. the regulatory front, where he has nesses. I was at a hospital in Cody, WY, talk- taken the time to really dig into how How much money does Washington ing about health care. I practiced med- these regulations affect business spend on regulations? I will tell you, icine for 27 years, taking care of fami- growth. He may have comments on Madam President. Government spent a lies all across the Cowboy State. I was that issue today. record $55 billion developing and en- visiting a hospital in Cody, WY, and I would like to hear Dr. BARRASSO on forcing rules last year—$55 billion de- they said they were trying to figure that point but also on the health care veloping and enforcing rules last year. out one aspect of the health care law— front where, as a doctor, he looked into That is just the spending of govern- accountable care organizations. It is 6 what the impact of health care reform ment. What is the impact on businesses pages of the 2,700-page law that was will be on jobs. This is something that around the country? For every $1 the crammed through in the middle of the perhaps does not get talked about government spends to put forth and en- night, with Americans saying: No we enough. Unless we figure out a way to force these rules, it costs businesses of don’t want this. The people who do reg- get health care costs under control, it this country $30. That is over $1.5 tril- ulations took 6 pages of the law and will be harder for us to create opportu- lion expended by businesses across the came up with over 400 pages of regula- nities in this country because the costs country. That is a drag on our econ- tions. They just came out about a embedded in hiring a new employee omy, making it harder for them—not month ago. The hospital administrator under health care alone are so high easier but harder and more expensive said: We are having to take money that many companies are simply not for the private sector to create jobs. away from patient care, from helping hiring. I would love to hear his There is $30 of business expense for with nurses and therapists to pay for thoughts. every $1 spent on rules and regulations consultants to try to explain these Mr. BARRASSO. Madam President, I out of Washington. rules and regulations to us so we can thank Senator PORTMAN for the incred- People are worried because it is going abide by them. ible job he has been doing as a cham- to get worse. There are still 224 rules in Those are the kinds of regulations pion of efforts to create more private the pipeline that have been labeled as and rules on steroids that I continued sector jobs in this country, to make it ‘‘economically significant.’’ What is an to hear about as I traveled in the last easier and cheaper to create private economically significant rule? It is a week or so at home visiting with peo- sector jobs, for the private sector to rule that has an impact on the econ- ple, visiting the communities, listening create the jobs we need. Senator omy of over $100 million. There are 224 to what people have to say and the con- PORTMAN showed significant leadership of them coming down the line. Is it a cern and the uncertainty because what in his campaign last year in Ohio de- surprise that the unemployment rate is coming out of Washington is a drag veloping the Portman jobs plan. He continues to be so high? It is because of on our economy. It is preventing us went to factories and small businesses the rules and regulations of this ad- from making it easier and cheaper for all across the State of Ohio because he ministration. the private sector to create more jobs. knows small businesses are the engines What do the American people believe People all across the country are that drive the economy. about this situation? Over 70 percent of concerned, and that is why I am so Seventy percent of the jobs created the American people believe several happy to be here with Senator in this country are created by our different things about the effect of the PORTMAN today and his efforts, his small businesses one at a time. When rules. I will tell my colleagues what leadership on a jobs plan that is one there are government rules, regula- they are. This is polling from just last that focuses fundamentally on the tions, redtape, and increased expenses, month. They will tell you that addi- things that will get government off the it makes it much harder because it tional environmental regulation in- backs of the American people and let does not provide the certainty the creases the price of energy for items the American people get back to work. small businesses of this country need such as gasoline and electricity. Sev- I thank Senator PORTMAN for his lead- to create those new jobs. They may not enty percent of Americans believe the ership at a time when we see a govern- be willing to take the additional risk rules coming out of Washington in- ment that is borrowing too much, and additional expense because of the crease the costs of items such as gaso- spending too much, and growing bigger unknown concerns. line and electricity—the energy issues. every day. I am very appreciative of his I think that is one of the points that How much is the pain at the pump efforts to get things back under control is highlighted in this wonderful plan costing the American family this year? and get the decisionmaking out of

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.027 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2647 Washington and back to the home- every business and 49 States do, either track and create jobs. It is so impor- towns and States across the country. because of constitutional or statutory tant to American families and, as I Mr. PORTMAN. Madam President, I provisions. said earlier, so important for us deal- thank Dr. BARRASSO. I appreciate the I wish to say in conclusion how much ing with the fiscal problems because we amount of time he has put into this I appreciate the good work he has done. have to both restrain spending and regulatory issue and the relief small Senator PORTMAN has been here a short grow the economy, increase economic businesses need on the regulatory time, but he brings a lot of experience activity, which will increase revenues. front. It is obvious he is out talking to and a lot of wisdom on these issues, Madam President, can you give me a businesses, and it is directly related to particularly on getting America back warning when we have 5 minutes re- jobs because we cannot get the jobs to work. maining in the colloquy today? back unless we reduce the cost of doing Mr. PORTMAN. Madam President, I I would like to turn back to my col- business that comes from these regula- thank my colleague from Texas. He is league from Tennessee who started this tions. absolutely right. When we look at the off this morning talking about the im- Madam President, how much time do budget deficit and the debt and the importance of this job plan. we have remaining in this colloquy? pact it is having on our economy Mr. ALEXANDER. Madam President, The ACTING PRESIDENT pro tem- today, it is clear we need constraints. would the Senator have some more pore. There is 12 minutes 7 seconds on Forty-nine States have a balanced comments on the plan and about what the Republican side. budget requirement. When I am back has been said by some of our other col- Mr. PORTMAN. I thank the Pre- home talking with people in our cities leagues? siding Officer. and counties, in their struggles with Mr. PORTMAN. I thank my colleague Madam President, as I said, we are balancing their own budgets, they ask very much. Mr. ALEXANDER. To the Chair, if also joined by Senator CORNYN of me: How can Washington continue to the 5-minute warning could be for the Texas. I am going to ask him in a spend so much money it does not have? end of the 25 minutes because I intend minute to say a few words about the Forty cents of every dollar Washington jobs plan. The input he has put into it to take 5 minutes after that. spends today is borrowed money. Clear- The ACTING PRESIDENT pro tem- has been terrific because he is the guy ly that restraint is needed. pore. There is 6 minutes remaining in who understands, again, the impor- It is important to get the economy total on the Republican side. tance of small business, the importance back on track. Often we talk about the Mr. ALEXANDER. I will take 1 of us creating an environment through record budget deficit and the $14 tril- minute and then conclude. I wish to Washington laws and regulations that lion debt in terms of its impact on fu- thank Senators PORTMAN, CORNYN, and helps create jobs, and that it is not ture generations. As the father of BARRASSO for this. We will be hearing Washington that is going to create the three, I am very concerned about that, often from Republicans who want to jobs but the private sector that is as we all should be, because we are make clear what we are for as well as going to do it. mortgaging their future, the excessive what we are against, and I thank the I ask my colleague from Texas to say spending today that they are going to Senator from Ohio for his leadership. a few words about his thoughts. have to pay back. I wonder if, in the last 30 seconds or Mr. CORNYN. Madam President, I It is not just what is going to happen so, he wants to focus on trade and jobs, say to my colleague from Ohio, what a in the future. Our deficits and debts which has been his specialty. welcome idea of refocusing on the No. 1 have gotten so big that there is an im- Mr. PORTMAN. First of all, I thank issue in America today, which is too pact on the economy. There was a my colleague from Tennessee for help- many Americans out of work. Of study done recently by a couple of re- ing to promote this idea. Again, we are course, we saw the growth numbers for spected economists—Rogoff and looking to reach out to Democrats in the first quarter of this year: 1.8 per- Reinhart—which says, in looking this Chamber, in the House, and work- cent—hardly vigorous enough to create around the world, where a country’s ing with the administration, to actu- the kind of economic expansion and job debt is up to 90 percent of its total ally get this done. We need to get the creation we need. economy, you have about a 1-percent American economy back on track. As we are dealing with the spending decline in the GDP or the growth in I just heard the Senator talk about issue, we have to deal with growing the the economy. Our growth was only 1.8 trade, and we talked about that earlier. economy. That is exactly what the percent last quarter. That means it But as was said earlier, we need to in- Senator from Ohio has proposed—a should have been at least 2.8 percent crease exports because exports equal comprehensive plan to try to figure out but for our debt and deficit because jobs. If we look at these three pending how to get people back to work and to now our gross debt is 100 percent of our trade agreements, which the adminis- try to get the kind of economic growth economy. So we are over that 90-per- tration has yet to send to Congress— that will help us deal with this debt cent threshold, and we are impacting and we can’t move unless they do crisis we are in. our economy today. that—they would create, alone, be- The one thing I especially like about When we think about it, with all the tween 250,000 and 380,000 jobs, depend- the plan, although I like all of it, is the government borrowing out there, it is ing on what numbers you look at. embracing of a notion of a balanced crowding out private borrowing. There Think about that, hundreds of thou- budget amendment to the Constitu- are fewer jobs being created in America sands of jobs are ready to be created tion. The Senator from Ohio has had a because the government is playing a right now by knocking down barriers distinguished career not only in the bigger and bigger role, crowding out to our workers, our farmers, and our House but as U.S. Trade Representa- the ability of small businesses to get a service providers just in these three in- tive and also as Director of the Office loan. stances alone. of Management and Budget. He knows I also join a lot of other folks in this We also need to provide the President the budget numbers and the intricacies Chamber on both sides of the aisle in with the authority to knock down of that better than just about anybody my deep concern about the possibility more barriers by giving him trade pro- here. He knows the difficulty we have of a debt crisis if we do not deal with motion authority. So I call on the ad- had, whether Republican administra- these historic deficits and debts. That ministration to send us those agree- tions or Democratic administrations, could send our economy into a tailspin ments—free up those agreements—and of living within our means. with sky-high interest rates, with in- allow us here in America to be able to Now that we are spending so much flation that is already rearing its ugly create more jobs by expanding our ex- money we do not have—about 40 cents head again in this country. We need to ports, by leveling this playing field be- on every dollar, with $14.3 trillion in address this issue because it is the tween these three countries—Panama, debt and huge deficits—we have to fig- right thing to do for future genera- Korea, and Colombia—and then let us ure a way out of that situation. I think tions—it is really a moral issue—but get busy on having the United States the best way to do that is to put this also because it does impact what is even more engaged in international proverbial straitjacket on Congress and going on today in our economy and our trade, expanding exports and, there- force us to do what every family and ability to get this economy back on fore, creating jobs.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.006 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2648 CONGRESSIONAL RECORD — SENATE May 4, 2011 Let me review quickly these seven not vote to deny a Democratic President’s I certainly wish President Obama had core areas and then turn it back to my judicial nominee just because the nominee nominated someone other than Mr. colleague from Tennessee. may have views more liberal than mine. McConnell. During his confirmation We do need to focus on the fiscal sit- That is the way judges have always been se- hearings, questions arose about a pos- lected. That is the way they should be se- uation, as we have talked about, to be lected. sible role in stolen corporate docu- able to help the economy. Our Tax ments, in soliciting contingency fee That is what I said in 2003. legal contracts, and about his judicial Code needs to be reformed to create In 2005, Republicans grew so upset temperament. Some senators even feel economic growth. We can do that. We with the Democrats’ continued filibus- misled by some of his statements. It know there is a way to do it without tering of President Bush’s circuit was even said he is the only district raising taxes and by reforming the code nominees, the Republican majority judge to be opposed by the U.S. Cham- and making it more progrowth; the leader threatened to eliminate the regulations we talked about that are ber of Commerce in its 99-year history. right to filibuster in connection with Well, the Senate has more than a 200- stifling so many small businesses in judicial nominations. That proposal this country; the competitive work- year history. And that history is not to was called the nuclear option because use the filibuster to defeat a district force, retraining is critical, and we can it was said if Republicans succeeded in do a much better job taking the exist- judge nomination. abolishing the filibuster, their actions I am comfortable with the Gang of 14 ing Federal resources and directing would ‘‘blow the place up.’’ I suggested, them toward retraining for jobs that precedent in the case of circuit justices in two Senate speeches, that a small and Supreme Court justices. I will con- are actually there; expanding exports, group of Senators, equally divided by we just talked about; of course, tinue to reserve the right to vote party, agree to oppose the filibustering against allowing an up-or-down vote in powering America’s economy by using of judges. The result of those remarks more of our own domestic resources— an extraordinary case. I also under- was the creation of the Gang of 14—the stand the strategy of ‘‘They did it to renewable but also traditional uses of Gang of 14 Senators who preserved the energy; and, finally, getting health us, so we will do it to them.’’ Unfortu- tradition of up-or-down votes by agree- nately, that strategy, I am afraid, will care costs down, as Senator BARRASSO ing to use the filibuster only in ex- lead us to a new and bad precedent, one talked about. traordinary cases. I have amended my If we do these things, we will create which will weaken the Senate as an in- own views to subscribe to the Gang of more hope and opportunity at a time stitution and come back one day to 14’s standard for Supreme Court and when it is so desperately needed. We bite those who establish it. circuit court judges. I thank the Chair and I yield the should be able to do it because they are It is true the Gang of 14 agreement floor. commonsense ideas. didn’t explicitly distinguish between The ACTING PRESIDENT pro tem- I thank my colleagues. circuit and district judges. But the de- pore. The Senator from New York. f bate then clearly was only about Su- Mr. CORNYN. Will the Senator yield NOMINATION OF JOHN MCCONNELL preme Court and circuit judges, and for a quick question? the Senate always thought of district Mr. SCHUMER. I will yield. Mr. ALEXANDER. Madam President, judges differently. District judges are Mr. CORNYN. I know there are a we have a vote at noon. I know there trial judges. Circuit judges also must number of us who would like to speak are a number of Senators who wish to follow precedent but have broader dis- on the upcoming cloture vote at noon speak. I will take about 5 minutes, I cretion in interpreting and applying on the McConnell nomination. I know suspect Senator CORNYN wants to the law. Circuit judges’ jurisdictions Senator GRASSLEY would; I presume speak, and I know Senator GRASSLEY are broader. Their attitudes and phi- the Senators from New York and wants to speak. I also see Senator losophies are much more consequential Rhode Island would. I wonder if we REID. could reach some unanimous consent The Senate is a body of precedent. in the judicial process. That is why the Senate has never al- agreement that would allow at least 5 One important precedent is that never lowed a Federal district court nomina- minutes for each of us to speak. in the Senate history has a President’s tion to fail by denying cloture. Accord- I would pose that as a unanimous district court nomination, reported by ing to the Congressional Research consent request; that for the Senators the Judiciary Committee, been de- Service, in the history of the Sen- who are currently on the floor, the five feated because of a filibuster; that is, ate—— of us, we be given up to 5 minutes to because of a cloture vote. Once a nomi- The ACTING PRESIDENT pro tem- speak preceding the cloture vote. nee for Federal district judge has got- pore. The Senator’s time has expired. Mr. SCHUMER. Might I ask a ques- ten to the floor, the majority of Sen- Mr. ALEXANDER. I ask unanimous tion of the Chair? What is the time sta- ators have made the decision in an up- consent for 1 additional minute. tus? There is 35 minutes until noon; is or-down vote. The ACTING PRESIDENT pro tem- that divided? Therefore, I will vote for cloture in pore. Is there objection? The ACTING PRESIDENT pro tem- order to allow an up-or-down vote on There being no objection, it is so or- pore. Yes, the time is equally divided. the President’s nomination of John dered. The Democrats control 19 minutes, the McConnell, then I will vote ‘‘no’’ on Mr. ALEXANDER. I thank the Chair. Republicans control 181⁄2 minutes. confirmation because I believe he is a According to the Congressional Re- Ms. LANDRIEU. Madam President, flawed nominee. search Service, in the history of the reserving the right to object, I wish to I know most of my Republican col- Senate, only three cloture motions remind the Senators this isn’t the only leagues are going to register their op- have ever been filed on district judge debate on the floor. We are having a position to Mr. McConnell by voting to nominations. In each case, the nomina- cloture vote on SBIR, and we would deny an up-or-down vote. I respect tion eventually was confirmed. like some time to close that debate as their decision. I understand how they In 1986 cloture was invoked by a vote well. So I am open to work with the feel. I also was outraged in 2003 when of 64–33 on Sidney Fitzwater despite op- other Senators. Democratic Senators filibustered position to the nomination by Demo- Mr. REED. Madam President, reserv- President Bush’s circuit court nomi- cratic senators. Mr. Fitzwater was then ing my right to object, I would suggest, nees simply because they disagreed confirmed 52–42. according to the request of the Senator with their philosophies. I made my In 1999 cloture was not invoked by a from Texas, that the Senator from New first speeches on the floor of the Sen- vote of 55–44 on Brian Theodore Stew- York be recognized for 5 minutes, the ate arguing against such a change in art’s nomination because of Democrat Senator from Texas be recognized for 5 precedent. opposition. He was confirmed two minutes, that I be recognized for 5 min- On February 27, 2003, I said on this weeks later by a vote of 95–3. utes, and then Senator GRASSLEY be floor: In 2003 a cloture motion was filed on recognized for 5 minutes. When it comes time to vote, when we fin- Marcia G. Cook’s nomination but it The question then would be, Is there ish that whole examination, I will vote to let was withdrawn and she was confirmed sufficient time for Senator LANDRIEU the majority decide. In plain English, I will 96–0. and, of course, Senator LEAHY?

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.007 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2649 Mr. SCHUMER. Could I ask unani- dent Bush’s and 114 of President Clin- Mr. CORNYN. I regret that the Sen- mous consent—— ton’s. ator from Louisiana is unwilling to co- Ms. LANDRIEU. I don’t know how to Judicial vacancies affect nearly 100 operate and provide everybody a do this, but if we could do 3 minutes Federal courtrooms across the Nation. chance to be heard, but I will proceed. each and reserve at least 15 minutes for One in nine seats on the Federal bench I wish to speak to the nomination of closure. is vacant. So we should approve these Jack McConnell to the Federal district The ACTING PRESIDENT pro tem- nominees. bench. I spoke on this nomination yes- pore. Time has been consumed during As for the current nominee pending terday. I have authored an op-ed piece this debate. on the floor, he is somebody who de- in the Washington Times expressing The Senator from New York. serves nomination. When we ask about my concern. I wish to summarize my Mr. SCHUMER. Madam President, I nominees, we are concerned the stand- concerns for my colleagues’ benefit and believe we have 37 minutes remaining; ard used by my colleagues is, would I their consideration. is that right, 19 and 18? have nominated this person, rather I serve as a member of the Judiciary The ACTING PRESIDENT pro tem- than is this person whom I might not Committee, as does the Senator from pore. Correct. have nominated in the mainstream? Iowa, Mr. GRASSLEY. Before the Senate Mr. SCHUMER. I know Senator Jack McConnell is clearly in the main- Judiciary Committee, this nominee LEAHY wants to close with 5 minutes. stream. He has more than 25 years’ ex- was asked about allegations of theft of So what we could do, equitably, is perience as a lawyer in private prac- corporate documents arising out of give each of the six Members on the tice. Leading Republican figures in some lead paint litigation that his law floor 5 minutes. Rhode Island have endorsed him. But firm was pursuing in the State of Ms. LANDRIEU. I have to object to he has garnered opposition not because Rhode Island. That has been the sub- that. of his qualifications but because of his ject of some discussion. Mr. SCHUMER. OK. Madam Presi- clients. That is not fair, that is not I will ask unanimous consent to have dent, I have the floor and I ask to be right, and that is not how we do judi- several documents printed in the recognized. cial nominees. RECORD at this time. The ACTING PRESIDENT pro tem- He has chosen his work as a private First, I ask unanimous consent that pore. The Senator from New York. lawyer, and that has no bearing on his after my comments, the complaint of the Sherwin Williams Company v. Mot- f judicial temperament, his interpretive philosophy or his legal acumen. In the ley Rice and others be printed in the COURT VACANCIES interest of my colleagues who require RECORD. Mr. SCHUMER. Madam President, I more time, I would urge, at the very The ACTING PRESIDENT pro tempore. Without objection, it is so or- rise to talk about a serious crisis in the least, that people take the standard of dered. third branch of government; that is, the Senator from Tennessee—don’t (See exhibit 1.) the rate of vacancies in the U.S. dis- block cloture on this nominee. If you Mr. CORNYN. I ask one further unan- trict courts. think he is not qualified, vote against imous consent, and that would be that There is a crisis that is unlike almost him. an article from Legal Newsline about a all the other issues we grapple with on Jack McConnell deserves to be on the discovery dispute still delaying the res- a daily basis. It has a very simple solu- bench. I am glad Leader REID has olution of the theft case against Mot- tion. My colleagues and I deal with a called him, and Senators REED and ley Rice be printed in the RECORD. lot of very difficult and very divisive WHITEHOUSE have taken the lead. I The ACTING PRESIDENT pro tem- problems every day. Not many of them urge, at least on cloture, that my col- pore. Without objection, it is so or- lend themselves to solutions that are leagues let this nominee be voted upon. dered. both politically and economically I yield the remainder of the time I (See exhibit 2.) costless, but this one is easy: confirm have been allotted so others of my col- Mr. CORNYN. What I think these these judges. leagues might speak. documents demonstrate is that not Take the district court nominees who The ACTING PRESIDENT pro tem- only did Mr. McConnell intentionally were passed out of committee with bi- pore. The Senator from Texas. mislead the Senate Judiciary Com- partisan support, schedule votes on the Mr. CORNYN. Madam President, I mittee with regard to his possession of floor, and confirm them. It sounds have been conferring with the Senator these stolen documents, but now there easy. Apparently, it is not. It is not from Rhode Island and other Senators has been for some years—even after the easy because my colleagues on the who want to speak. Maybe if we could lead paint cases have been essentially other side of the aisle have slowed the try another attempt at a unanimous dismissed by the Rhode Island Supreme confirmation of district court judges to consent request that would allow all of Court with the State and Mr. McCon- a trickle, even those nominees who us a chance to speak. nell and his law firm having lost—on- were passed out of the Judiciary Com- Since I have the floor, I assume I can going litigation by one of the defend- mittee with no objection from Repub- speak for up to 10 minutes under the ants in that case suing for tortious in- licans. standing order. I am willing to yield terference with their property; also This Congress, I am grateful for the some of that time so everybody can conversion—in other words, theft, as hard work of Chairman LEAHY, Rank- have an opportunity. the Presiding Officer knows—of their Ms. LANDRIEU. Madam President, I ing Member GRASSLEY, Majority Lead- private, proprietary documents, includ- object to any unanimous consent reer REID, and Minority Leader MCCON- ing their litigation strategy, including quest. NELL in beginning to unclog the pipe- their trade secrets and the like. Mr. CORNYN. Madam President, I line, but we still have a long way to go. The article, dated April 21, 2011, that have the floor. The Senator is out of To go the rest of the distance, to re- I have made part of the record shows order. that dispute over the theft of these store the pace of judicial confirmations The ACTING PRESIDENT pro tem- documents remains unresolved. In before the Federal judiciary faces the pore. The Senator from Texas has the other words, Mr. McConnell and his law worst vacancy crisis in history, we floor. need the consent of our Republican col- Mr. CORNYN. I ask unanimous confirm’s participation in this ongoing dis- leagues. sent that the Senator from Rhode Is- pute remains unresolved. I don’t know Here are the facts: The targeting of land, the Senator from—— why the majority leader would choose district court nominees is unprece- The ACTING PRESIDENT pro tem- to bring up a nomination of somebody dented. Five of the nineteen district pore. Is there objection? for a lifetime appointment to the Fed- court nominees who have received split Ms. LANDRIEU. I object. eral bench when serious allegations votes in the last 65 years have been Mr. CORNYN. I will proceed, then, about his law firm’s participation and President Obama’s nominees. We have under the standing order which gives his personal participation in the theft only confirmed 61 of his district court me up to 10 minutes, as I understand. of corporate documents in pursuit of nominees. By this time in their Presi- The ACTING PRESIDENT pro tem- litigation remains unresolved. I think dencies, we had confirmed 98 of Presi- pore. The Senator is correct. it is a terrible mistake.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.007 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2650 CONGRESSIONAL RECORD — SENATE May 4, 2011 I know the Senator from New York set by the so-called Gang of 14. It is not Documents, to protect and secure the return suggests we ought to just go ahead and something we will be doing often. But of its stolen Documents from Motley Rice, to vote on cloture because he knows then when an ethically flawed nominee such prevent any use of those Documents or infor- that because our Democratic friends as this nominee is proposed by the mation contained in them, and to be com- control 53 votes in the Senate, Mr. pensated for the harm caused to Sherwin- President of the United States on three Williams by Motley Rice’s wrongful acquisi- McConnell will be confirmed. But I am different occasions, and Senator REID, tion and use of those Documents. concerned that because the ethical al- the majority leader, as is his right, THE PARTIES legations made against Mr. McConnell tries to slip this stealth nominee and his law firm remain unresolved, 6. Sherwin-Williams is a corporation orga- through when people are paying atten- nized under the laws of the State of Ohio, this is a terrible time for us to be vot- tion to other things, and we have not with its principal place of business in Cleve- ing on a lifetime tenure. If he were to had adequate time to debate and ex- land, Ohio. be confirmed and we find out later on pose in the record so Senators can 7. Motley Rice LLC is a limited liability that the court actually finds he did make a good judgment about the facts company incorporated under the laws of participate in this conspiracy to steal and do their duty as individual Sen- South Carolina. It has its principal place in these corporate documents, what would ators, I think it is a terrible shame. Mt. Pleasant, South Carolina and has another office in Providence, Rhode Island. that say about the Senate and about I intend to vote against cloture, and this process, our deliberative process? I 8. The John Does are persons presently un- I hope my colleagues will so we can known to Sherwin-Williams who assisted, think it would be a scandal. It would be have additional time to review this a scandal. aided, and abetted Motley Rice in the nominee’s credentials and make a tortious acts alleged in this Complaint. The Finally, let me say I have expressed good-faith assessment on behalf of all John Does are believed to be residents of the my concerns previously about the of our constituents. State of Ohio. scheme that a group of very smart trial JURISDICTION AND VENUE lawyers have dreamed up to sue legal EXHIBIT 1 9. Motley Rice has caused tortious injury industries for huge amounts of money IN THE COURT OF COMMON PLEAS CUYAHOGA COUNT, OHIO in this State by an act or omission in Ohio by making alliances with State attor- and by acts outside of Ohio committed with THE SHERWIN WILLIAMS COMPANY, neys general and then suing in the the purpose of injuring Sherwin-Williams, 101 Prospect Avenue, N.W., Cleveland, OH name of the State but then in the end which resides in Ohio. Motley Rice also regu- 44115 (Plaintiff), v. MOTLEY RICE LLC, Mot- larly conducted business in Ohio during the settling these cases for billions of dol- ley Rice LLC, 28 Bridgeside Boulevard, time of the alleged tortious acts. Thus, this lars—in some cases, hundreds of bil- Mount Pleasant, SC 29464 And JOHN DOES, Court has jurisdiction over Motley Rice pur- lions of dollars—and these lawyers Defendants. suant to Ohio Revised Code 2307.382(A)(3)–(4), reaping a windfall of billions of dollars Complaint in attorney’s fees. That is something (6), (7). JOHN P. O’DONNELL 10. Venue is proper in Cuyahoga County be- Stuart Taylor—I think one of the more CV 09 689237. cause part of the activity that gave rise to level-headed commentators about legal The Sherwin-Williams Company (‘‘Sher- the claim for relief took place in this Coun- matters—has said, that this has indeed win-Williams’’), for its Complaint against ty. Ohio R. Civ. Pro. 3(B)(3). Additionally, morphed the rule of law into the rule of Motley Rice LLC (‘‘Motley Rice’’) and other venue is proper in Cuyahoga County because lawyers, and ultimately consumers will unknown persons, alleges as follows: all or part of the claim for relief arose in this have to pay more in terms of higher INTRODUCTION AND NATURE OF CLAIM County. Ohio R. Civ. Pro. 3(B)(6). prices and the lawyers reap a windfall. 1. The law firm of Motley Rice has rep- FACTS The very same lawyers who are hired resented since 1999 the Rhode Island Attor- 11. In the course of conducting its business, through these no-bid, noncompete con- ney General, other government officials, and Sherwin-Williams creates and maintains tracts are indeed the political sup- private individuals in highly contentious confidential, proprietary, and privileged in- porters of these very same attorneys public nuisance and personal injury lawsuits formation and documents. Included among general, raising at least the appearance filed against Sherwin-Williams and other those documents are materials generated by of impropriety and a pay-to-play sys- former manufacturers of lead paint and pig- Sherwin-Williams’ attorneys to provide ad- ments. tem of providing litigation opportuni- vice to Sherwin-Williams’ Board of Directors 2. Without the knowledge or consent of concerning ongoing litigation strategy, an- ties to these lawyers from which they Sherwin-Williams, Motley Rice has somehow ticipation of litigation, developments and reap billions of dollars and after which obtained stolen copies of PowerPoint slides costs of defense as well as potentially avail- they funnel campaign contributions used by Sherwin-Williams’ Associate General able insurance coverage for litigation liabil- back to the very same State officials Counsel—Litigation to advise the Company’s ities and defense costs. who have, in fact, authorized them to Board of Directors on the costs of defending 12. Sherwin-Williams’ attorneys have fre- sue on behalf of the State. This is un- the lead paint and pigment litigation, among quently met with the Board of Directors to seemly, to say the very least about it. other information, and his analysis of poten- discuss the lead paint and pigment litigation Finally, I would say Mr. McConnell tially available insurance coverage for that and the disputes and litigation with its in- continues by his own admission to be litigation—an issue that Sherwin-Williams surers to obtain reimbursement of defense was actively litigating with its insurers in a costs and any potential judgments in the eligible to receive up to $3.1 million a separate action. Those documents contain lead paint and pigment litigation. The oral year in one of these shakedown-indus- highly confidential, proprietary business in- and written presentations by Sherwin-Wil- try lawsuits where these trial lawyers formation and are also protected by the at- liams’ attorneys to the Company’s Board of have worked with State attorneys gen- torney-client privilege and the attorney Directors are intended to be confidential and eral to sue on behalf of the State, not work product doctrine. protected by the attorney-client privilege in cases that were actually tried but 3. It appears that Motley Rice, at the time and attorney work product doctrine. Presen- were actually settled under an existen- it received those slides, wrongfully obtained tations to the Board of Directors may also tial threat to these businesses and other Sherwin-Williams’ confidential, propri- contain confidential and proprietary busi- these industries. etary, and privileged documents from the ness information, such as strategies for At a time when we are talking, as same person who is unknown to Sherwin- other litigation, trade secrets for new prod- Williams. All of Sherwin-Williams’ confiden- ucts, acquisition plans, employment policies, Senator PORTMAN did, about job cre- tial, proprietary, and privileged documents and other sensitive, competitive informa- ation, the idea that we would be con- taken without authorization will be referred tion. For these reasons, all minutes of and firming a lawyer to a lifetime appoint- to as ‘‘Documents’’ in this Complaint. presentations at Sherwin-Williams’ Board of ment to the Federal bench where he 4. Despite repeated requests by Sherwin- Directors’ meetings are kept strictly con- could then serve as a venue, given the Williams, and despite Motley Rice’s admis- fidential and are securely maintained with venue shopping that frequently goes on sion that it obtained Sherwin-Williams’ Doc- restricted access at the company. in this type of litigation, we can ex- uments through its own efforts, Motley Rice 13. Since October 1999, the State of Rhode pect, if Mr. McConnell finds himself has refused to reveal how it obtained Sher- Island, through its Attorney General, has re- confirmed as a Federal judge, that in win-Williams’ stolen Documents; to identify tained Motley Rice to sue certain former all Sherwin-Williams’ Documents in its pos- manufacturers of lead pigments used in ar- the future litigants will find a warm session; to provide them to a court for in chitectural paints decades ago, including reception in his court to these ethi- camera review; or to return Sherwin-Wil- Sherwin-Williams, for allegedly creating a cally dubious schemes. liams’ Documents. public nuisance (‘‘Rhode Island Litigation’’). I think it is an extraordinary cir- 5. By this action, Sherwin-Williams seeks Under a contingency fee agreement with the cumstance according to the standards to uncover how Motley Rice obtained the Rhode Island Attorney General, Motley Rice

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.028 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2651 and other counsel are responsible for all 22. On July 1, 2008, the Rhode Island Su- 29. On information and belief, the other 33 costs and expenses of prosecuting the claims preme Court unanimously ruled in favor of pages of this fax are or were in the posses- in the Rhode Island Litigation. Sherwin-Williams and other defendants in sion of Motley Rice. 14. Since the commencement of the Rhode the Rhode Island Litigation, reversing a jury 30. To this date, despite Sherwin-Williams’ Island Litigation, Motley Rice has been re- verdict in favor of the State and holding that request, Motley Rice has refused to (a) ex- tained by local governments in California, the complaint should have been dismissed at plain how it came into possession of the Oc- New Jersey, and Ohio to bring similar public the outset. tober 2004 Confidential Board Slides; (b) con- nuisance lawsuits against Sherwin-Williams 23. After the Rhode Island Supreme Court’s firm if it has the other 33 pages of the fax; and other former lead pigment manufactur- ruling, Sherwin-Williams filed a motion in and (c) identify and return Sherwin-Wil- ers. Motley Rice also tried unsuccessfully to the trial court, called the Superior Court, for liams’ Documents. obtain representation of the cities of St. entry of final judgment in its favor, includ- 31. Motley Rice deliberately obtained, Louis and Milwaukee as part of its con- ing an award of costs incurred in defending kept, and used copies of the October 2004 tinuing campaign to launch public nuisance the lawsuit. Although Sherwin-Williams has Confidential Board Slides and other docu- lawsuits against Sherwin-Williams and other not yet submitted an itemized bill of costs, ments belonging to Sherwin-Williams while former lead pigment manufacturers all Motley Rice submitted a bill of costs for the it knew or should have known that those across the country. The public nuisance law- State exceeding $1.9 million when it initially documents had been taken without Sherwin- suits seek to require several, out of many, prevailed in the trial court. Williams’ authorization and were confiden- former lead pigment manufacturers, includ- 24. On September 24, 2008, Motley Rice, on tial, proprietary, and privileged. Motley Rice ing Sherwin-Williams, to remediate all lead behalf of the State of Rhode Island, filed in acted for its own financial self-interest and paint in all buildings. the Superior Court a Supplemental Memo- 15. Also, since 1999, Motley Rice has rep- randum in Opposition to Defendants’ Motion gain and in conscious disregard of Sherwin- resented dozens of individual plaintiffs in for Costs (‘‘Supplemental Memorandum’’). Williams’ legal rights and property interests. Wisconsin who have sued Sherwin-Williams Because Motley Rice is obligated under its COUNT I and other former lead pigment manufactur- contingency fee agreement with the Rhode CONVERSION ers alleging personal injuries from elevated Island Attorney General to pay all costs of blood lead levels. the Rhode Island Litigation, it has a direct, 32. Sherwin-Williams incorporates by ref- 16. Motley Rice attorneys frequently came personal financial self-interest in whether erence its allegations in Paragraph 1 through into Ohio in 2006 to meet and communicate the Rhode Island Superior Court awards 31 of this Complaint. with mayors and members of the executive costs to Sherwin-Williams and, if so, the 33. Sometime before September 24, 2008, and legislative branches of local govern- amount of costs. Motley Rice intentionally and wrongfully ments in order to persuade them to retain 25. The State’s Supplemental Memo- obtained and kept without Sherwin-Wil- Motley Rice to bring public nuisance law- randum, which Motley Rice prepared, signed, liams’ knowledge or permission its Docu- suits against Sherwin-Williams and other and filed, contained as an exhibit a copy of ments, including the October 2004 Confiden- former lead pigment manufacturers. Begin- the PowerPoint slides used by Sherwin-Wil- tial Board Slides and, on information and be- ning in September 2006, Motley Rice was re- liams’ Associate General Counsel—Litiga- lief, the documents sent with the September tained to sue Sherwin-Williams and others tion during his presentation to the Board of 16, 2006 fax. Motley Rice may also have addi- on behalf of the cities of Akron, Athens, Can- Directors in October 2004. The first slide tional Sherwin-Williams’ Documents. ton, Cincinnati, Columbus, Dayton, East identified the speaker as Sherwin-Williams’ 34. Motley Rice knew, or should have Cleveland, Massillon, Lancaster, Toledo, and Associate General Counsel—Litigation. The known, that the October 2004 Confidential Youngstown and the Stark County Housing second slide showed the company’s cost to Board Slides and the Documents sent with Authority. It signed a contingency fee agree- that date of defending the lead paint and pig- the September 12, 2006 fax are the property of ment for each city. Motley Rice moved for, ment litigation. The third slide presented Sherwin-Williams. and was allowed, leave to appear as counsel the Associate General Counsel’s analysis and 35. Motley Rice knew, or should have pro hac vice in state court for each Ohio opinion regarding potentially available in- known, that the Documents were taken from plaintiff. Motley Rice wrote, appeared as surance coverage for that litigation, a mat- Sherwin-Williams and provided to Motley counsel, and submitted complaints for each ter then and still in dispute with its insurers. Rice without Sherwin-Williams’ knowledge Ohio plaintiff. It wrote and submitted briefs The presentation contained confidential in- or permission. in every Ohio case in which defendants filed formation, was prepared to provide legal ad- a motion to dismiss or other pre-trial papers. 36. Motley Rice also knew, or should have vice to the Board of Directors, and was in- known, that it had no right to possess or use Motley Rice attorneys appeared in Ohio tended to be confidential and privileged. The Common Pleas Courts located in Canton, Sherwin-Williams’ stolen Documents. Never- Directors were not allowed to keep copies of Cincinnati, Cleveland, and Toledo to argue theless, in conscious disregard of Sherwin- those slides (hereinafter ‘‘October 2004 Con- motions, and it responded to public records Williams’ legal rights and property interests, fidential Board Slides’’). Because Sherwin- requests on behalf of various cities. Motley Rice chose to obtain, keep and use 17. Through the public nuisance and per- Williams considered the information in the those Documents for its own financial ben- sonal injury litigation against Sherwin-Wil- October 2004 Confidential Board Slides to be efit in the Rhode Island Litigation and to at- liams and others, Motley Rice was and still confidential, proprietary, and privileged, it tempt to cause substantial harm to Sherwin- is attempting to gain millions of dollars in has not publicly disclosed that information. Williams. 26. Sherwin-Williams never produced in fees for itself. 37. At all relevant times until present Mot- 18. Motley Rice’s representation of cities in any lawsuit the documents or information ley Rice has acted with malice and conscious Ohio continued until at least July 2008. Its contained in the October 2004 Confidential disregard of Sherwin-Williams’ legal rights representation was ultimately unsuccessful, Board Slides. Nor has Sherwin-Williams and property interests. By wrongfully ob- as every Ohio city’s complaint was either knowingly produced the October 2004 Con- taining, retaining possession of, and using voluntarily dismissed or dismissed by court fidential Board Slides to any person outside Sherwin-Williams’ stolen Documents for order. the company. On their face, the October 2004 Motley Rice’s own advantage and self-inter- 19. In or about 2006, while Motley Rice was Confidential Board Slides show that they est with the intent to harm Sherwin-Wil- soliciting Ohio cities to retain it, one or contain confidential and proprietary infor- liams, Motley Rice has converted and con- more attorneys from Motley Rice, including mation and that they were created and used tinues to convert Sherwin-Williams’ prop- Fidelma Fitzpatrick, met with a former for the purpose of providing legal advice and erty. Sherwin-Williams employee at Cleveland analysis. 27. The copy of the October 2004 Confiden- 38. By refusing to return Sherwin-Wil- Hopkins Airport. This former employee had liams’ Documents despite Sherwin-Williams’ been responsible for preparing the tial Board Slides that Motley Rice attached to its Supplemental Memorandum bears a request to identify and return those Docu- PowerPoint slides and other graphics used ments, Motley Rice continues to the present during presentations made to Sherwin-Wil- fax line at the top reflecting that it was one page of a 34-page fax sent by an unidentified day to wrongfully convert Sherwin-Williams’ liams’ Board of Directors in 2004, 2005, and property. earlier years. Sherwin-Williams did not person from a FedexKinko’s in Akron, Ohio. know of this secret meeting. The 34-page fax containing the October 2004 39. Wherefore, Sherwin-Williams requests 20. At no time in meeting with the former Confidential Board Slides was sent on Sep- compensatory damages in an amount in ex- Sherwin-Williams employee did any Motley tember 12, 2006 from the fax number (330) 668– cess of $25,000, punitive damages, costs, and Rice attorney caution him not to disclose or 1105; the receiving number is not identified. reasonable attorneys’ fees. discuss any confidential, privileged, or pro- 28. On information and belief, the other 33 COUNT II pages of the fax contain highly confidential prietary information or document belonging REPLEVIN to Sherwin-Williams. and proprietary business information, in- 21. During the meeting, the former Sher- cluding information regarding strategies in 40. Sherwin-Williams incorporates by ref- win-Williams employee provided Motley Rice other litigation, proposed business strate- erence the allegations in Paragraphs 1 with the names of other former employees, gies, plans for geographic expansion and through 39 of this Complaint. several of whom may have had a role in pre- market growth, potential mergers or acquisi- 41. Sherwin-Williams created and is the paring, or would likely have had access to, tions, retail partnerships, and sensitive in- sole rightful owner of its Documents now Board presentation materials. formation regarding the company’s finances. wrongfully obtained, possessed, and used by

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.004 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2652 CONGRESSIONAL RECORD — SENATE May 4, 2011 Motley Rice without Sherwin-Williams’ per- those Documents to Motley Rice without 65. Pursuant to Ohio Revised Code § 2737.03, mission, including, but not limited to, the Sherwin-Williams’ knowledge or permission, Sherwin-Williams requests this Court to October 2004 Confidential Board Slides and, each John Doe assisted, aided, and abetted issue an order requiring Motley Rice to re- on information and belief, the documents Motley Rice in its tortious conduct. turn all of Sherwin-Williams’ Documents, all sent with the September 12, 2006 fax. 57. By wrongfully retaining without per- documents discussing the contents of those 42. No one has the right to possess, retain, mission and refusing to identify and return Documents, and all documents reporting or or use Sherwin-Williams’ Documents with- Sherwin-Williams’ Documents, each John discussing confidential, proprietary or privi- out the permission of its Board or manage- Doe has assisted, aided, and abetted Motley leged communications between Sherwin-Wil- ment. Rice’s tortious conduct. liams’ attorneys and its directors, officers or 43. Motley Rice has wrongfully obtained, 58. Each John Doe and Motley Rice have employees, in the possession, custody, or kept, and used Sherwin-Williams’ Docu- acted at all relevant times until present with control of Motley Rice or any of its attor- ments without Sherwin-Williams’ permis- conscious disregard for Sherwin-Williams’ neys, employees, or agents. sion. legal rights and property interests and for Dated: April 3, 2009 44. Motley Rice knew or should have the purpose of causing substantial harm to Respectfully Submitted, known that those Documents were taken Sherwin-Williams. JAMES R. WOOLEY, from Sherwin-Williams without Sherwin- 59. Wherefore, Sherwin-Williams requests Attorney I.D. No. Williams’ knowledge or permission, and that compensatory damages in an amount exceed- 0033850. it was wrongfully obtaining, keeping, and ing $25,000, punitive damages, costs, and rea- STEPHEN G. SOZIO, using property belonging to Sherwin-Wil- sonable attorneys’ fees. Attorney I.D. No. liams. COUNT IV 0032405. 45. Sherwin-Williams has requested Motley JONES DAY, Rice to return Sherwin-Williams’ Docu- REQUEST FOR TEMPORARY RESTRAIN- Counsel for Plaintiff, ments. ING ORDER, PRELIMINARY INJUNC- 46. Motley Rice has deliberately and TION, AND PERMANENT INJUNCTION The Sherwin-Wil- wrongfully refused to return Sherwin-Wil- 60. Sherwin-Williams incorporates by ref- liams Company. liams’ property, and it has chosen to use erence the allegations of Paragraphs 1 EXHIBIT 2 Sherwin-Williams’ Documents for its own fi- through 59 of the Complaint. nancial advantage and to the substantial 61. Pursuant to Ohio Rule of Civil Proce- [From Legal Newsline.com, Apr. 21, 2011] detriment of Sherwin-Williams. dure 65(A), Sherwin-Williams requests the DISCOVERY DISPUTE DELAYING THEFT CASE 47. Motley Rice continues to retain and re- Court to issue a Temporary Restraining AGAINST MOTLEY RICE fuses to identify and return Sherwin-Wil- Order prohibiting Motley Rice, any of its at- (By John O’Brien) liams’ Documents without any right or privi- torneys, employees, or agents, and each John CLEVELAND (Legal Newsline)—The court lege to do so. Doe from: battle over the alleged theft of confidential 48. At all relevant times until present, (a) Using or reproducing Sherwin-Williams’ documents by plaintiffs firm Motley Rice is Motley Rice has acted with malice and con- Documents; stagnant as Sherwin-Williams attempts to scious disregard of Sherwin-Williams’ legal (b) transferring, conveying, disclosing, or make the firm respond to its discovery re- rights and property interests. Motley Rice communicating in any manner Sherwin-Wil- quests. wrongfully obtained, kept, and used Sher- liams’ Documents or their contents to any According to the online docket for the win-Williams’ stolen Documents for the pur- person; Cuyahoga County Court of Common Pleas, pose of harming Sherwin-Williams and for (c) destroying any Sherwin-Williams’ Doc- Sherwin-Williams has filed a motion to com- Motley Rice’s own economic gain. uments or any copies of any such Docu- pel the firm to respond to written discovery 49. Wherefore, Sherwin-Williams is entitled ments, including electronically stored infor- deposition requests. Motley Rice, which filed to the immediate identification and recovery mation; lawsuits against Sherwin-Williams and other of its Documents in the possession, custody, (d) destroying or disposing of any Docu- paint companies over lead-based paint, alleg- and control of Motley Rice or its attorneys, ments, including electronically stored infor- edly obtained privileged documents stolen by employees, and agents, damages in an mation, that constitute, show, or discuss the company from a former employee. amount exceeding $25,000, punitive damages, how Motley Rice obtained, received, dis- According to a Jan. 31 order, Sherwin-Wil- costs, and reasonable attorneys’ fees. closed, used, or communicated Sherwin-Wil- liams is filing a supplemental brief in sup- COUNT III liams Documents. port of its motion to compel Motley Rice’s AIDING AND ABETTING TORTIOUS In addition, Sherwin-Williams requests answers. Some of the case, which could have CONDUCT that a Temporary Restraining Order require an impact on the pending nomination of 50. Sherwin-Williams incorporates by ref- Motley Rice to: Motley Rice attorney Jack McConnell to a (e) immediately file with the Clerk of erence the allegations of Paragraphs 1 federal judgeship in Rhode Island, has been Court under seal all originals and copies of through 49 of the Complaint. filed under seal. 51. Each John Doe owed to Sherwin-Wil- Sherwin-Williams’ Documents in the posses- The Wall Street Journal mentioned the liams the duty of loyalty and good faith and sion, custody, or control of Motley Rice or case in a recent editorial. McConnell’s nomi- the duty to maintain the confidentiality of any of its attorneys, employees, or agents; nation was recently approved by an 11–7 vote Sherwin-Williams’ proprietary and privi- and (f) identify all persons (i) who have pos- of the Senate Judiciary Committee, and the leged documents. session, custody, or control of Sherwin-Wil- matter will now go to the full Senate. 52. Each John Doe breached these duties by liams’ Documents, or (ii) who provided or ‘‘In response to written questions from Ar- wrongfully converting Sherwin-Williams’ sent those Documents directly or indirectly izona Senator Jon Kyle in May 2010, Mr. Documents and providing them without to Motley Rice or any of its attorneys, em- McConnell told the committee he wasn’t Sherwin-Williams’ knowledge or permission ployees, or agents. very involved in the lead paint case, was not to Motley Rice, which had no privilege or 62. A temporary restraining order is nec- familiar with the documents in question and right to obtain or possess those Sherwin-Wil- essary to preserve Sherwin-Williams’ valu- had no reason to believe he’d be one of the liams’ Documents. able property rights in its Documents and defendants in the Ohio lawsuit. In deposition 53. Motley Rice wrongfully obtained, kept, confidential business information. testimony in September 2010, however, his and used Sherwin-Williams’ Documents that 63. Sherwin-Williams will suffer irrep- memory was suddenly refreshed,’’ the edi- Motley Rice knew, or should have known, arable harm if Defendants are permitted to torial says. were taken or obtained without Sherwin-Wil- transfer, release, possess, use, disclose, or ‘‘He was the first lawyer in his office to re- liams’ knowledge or permission and in communicate in any manner Sherwin-Wil- view the documents, signed a brief which in- breach of each John Doe’s duties to Sherwin- liams’ Documents and confidential business corporated portions of them and even helped Williams. information. write an article about the information.’’ 54. By using Sherwin-Williams’ Documents 64. Sherwin-Williams further requests the Because of his ‘‘changing story,’’ the WSJ in the Rhode Island Litigation, Motley Rice Court, after appropriate hearing, to enter a doesn’t feel he is worthy of a spot on the assisted, aided, and abetted each John Doe, preliminary and permanent injunction bench. and each John Doe assisted, aided, and abet- granting the same relief requested in para- McConnell and Motley Rice’s Rhode Island ted Motley Rice, in tortious conduct harm- graph 60 (a), (b), (e) and (1) and, in addition, office represented several states and munici- ing Sherwin-Williams. requiring Motley Rice to immediately return palities in the lead paint litigation, which 55. By wrongfully obtaining, keeping, and all originals and copies of Sherwin-Williams’ alleged paint companies had created a public using Sherwin-Williams’ Documents that it Documents, all documents discussing the nuisance by manufacturing lead paint before knew, or should have known, were stolen or contents of those Documents, and all docu- its federal ban in 1978. Public nuisance wrongfully obtained by each John Doe with- ments reporting or discussing confidential, claims have no statute of limitations, like out Sherwin-Williams’ knowledge or permis- proprietary or privileged communications product liability claims do. The suits were sion, Motley Rice assisted, aided and abetted between Sherwin-Williams’ attorneys and its largely unsuccessful. each John Doe’s tortious conduct. directors, officers or employees, in the pos- Along the way, Sherwin-Williams claims, 56. By wrongfully taking or obtaining session, custody, or control of Motley Rice Motley Rice obtained a PowerPoint presen- Sherwin-Williams’ Documents and providing or any of its attorneys, employees, or agents. tation given by the company’s attorney’s to

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.006 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2653 its board of directors. The presentation out- Let me suggest in response to all the our colleague SHELDON WHITEHOUSE. lined litigation costs and possible coverage ethical claims or allegations, Mr. They scrupulously had a contract that by its insurers. McConnell has never had an ethics was reviewed by the court. In fact, the The company said the presentation was complaint alleged or filed against him. court had to approve any payments to protected by attorney-client privilege, but Stephen Walker met with Motley Rice at All of these issues of so-called stolen McConnell’s firm. That is the judge’s Cleveland Hopkins Airport in 2006 to hand documents were vetted and reviewed by call, not the attorney general’s call. over the presentation. Walker had been laid a court in Rhode Island by Judge Sil- Interestingly enough, in response to off from his job in 2005 and had formerly as- verstein. Judge Silverstein found no this whole suggestion that there is this sisted company officers, attorneys and ex- merit to their claims and, in fact, com- cozy deal going on here—Jack McCon- ecutives with technical and design aspects of mended Mr. McConnell for his involve- nell is such a principled and active PowerPoint presentations. ment and the involvement of his oppos- Democrat that when my colleague ran Motley Rice did not notify Walker that it ing counsels in this case. for Governor of Rhode Island, Jack could not receive documents protected by Let me also try to respond to the McConnell handled the successful cam- privilege, the company says. A trial was scheduled for last year but it issue of the so-called shakedown suits. paign of his opponent, a woman with was postponed. No new trail date has been One of the participants in those shake- whom he felt more aligned in terms of set. down suits is a current circuit court her philosophy, in terms of her com- Sens. Sheldon Whitehouse and Jack Reed judge, whom my colleague voted for. mitment to issues he cared about. Sen- recommended McConnell to fill a vacancy in He is on the Third Circuit Court of Ap- ator WHITEHOUSE lost that race—unfor- U.S. District Court in Rhode Island last year. peals in Pennsylvania. He was a Repub- tunate for the State of Rhode Island, Whitehouse is a member of the Judiciary lican Attorney General of Pennsyl- fortunate, I think, for the U.S. Senate. Committee. vania. He worked with Mr. McConnell So this suggestion, this notion that ‘‘Jack McConnell is a brilliant legal mind in a path-breaking suit to bring to- this is all a cozy deal that has been and an outstanding community leader. We worked out is absolutely erroneous. believe he possesses the experience, intellect, bacco companies to justice and to pro- and temperament to be a judge on the U.S. vide States billions of dollars to relieve The overwhelming consensus of law- District Court for Rhode Island,’’ a state- the dangers and the harm caused by to- yers, clergy, everyone in Rhode Island, ment released by the senators said. bacco. This judge, this Federal circuit business leaders, is this is one of the Whitehouse, then the attorney general, judge, testifies to the integrity and the most honest and ethical persons you hired McConnell and his firm Motley Rice to character of Jack McConnell. I am in- would ever want to know. Frankly, file lawsuit against the former makers of deed appalled that his integrity would that was the ultimate issue that lead paint in 1999. prompted me to recommend him to the The state Supreme Court unanimously be questioned in such a way. With respect to statements before President of the United States. He is a struck down a verdict for the plaintiffs in decent man of character, and I think 2008. Sherwin-Williams says Motley Rice pro- the Senate Judiciary Committee, they duced the part of the PowerPoint presen- have been consistent. He has said, with the assault on his character is unprece- tation concerning litigation costs when the respect to these documents, these al- dented, as well as this assault on allow- company argued the plaintiffs should be lia- legedly stolen documents, ‘‘I saw the ing a district court judge to have an ble for its attorney fees. documents prior to suit being filed in up-or-down vote. After Whitehouse left the Attorney Gen- Ohio.’’ Again, this second suit is really Mr. President, I ask unanimous con- eral’s Office, McConnell and his wife pumped retaliation by the companies in order sent to have printed in the RECORD let- $12,600 into his campaign fund. WHITEHOUSE ters of support for Jack McConnell’s took office in 2007. to express their great anger at being sued in Rhode Island. ‘‘I saw the docu- nomination to the United States Dis- Since 2001, the McConnells have given Reed trict Court for the District of Rhode Is- $13,200, including $8,800 for his 2008 re-elec- ments prior to suit being filed in Ohio. tion campaign. I briefly saw them when they were first land, as well as editorials on the McConnell also represented some states in faxed to our law firm and then again a McConnell nomination from the Provi- their lawsuits against the tobacco industry. few years later, I saw them when we dence Journal. There being no objection, the mate- His work, and the work of other private at- submitted one page of the documents torneys, led to the 1998 Tobacco Master Set- rial was ordered to be printed in the to the court in Rhode Island. I would tlement Agreement. It has an estimated RECORD, as follows: not say I was familiar with the docu- worth of $246 billion over its first 25 years [From the Providence Journal, May 14, 2010] and allows for annual payments made to the ments in any fashion.’’ He makes no EDITORIAL: CONFIRM MCCONNELL attorneys who litigated the case. bones about the fact that he saw those A post by Judicial Watch says McConnell documents. Then the debate seems to Providence lawyer John J. McConnell Jr., whom President Obama has nominated to will receive between $2.5 million and $3.1 be, the quibble seems to be not about a million annually until 2024 as a result of the serve on the U.S. District Court for Rhode Is- clear misstatement but what—‘‘famil- land, is a very able attorney. He has also settlement. iar’’ means. I think he was being very Through the years, he and his wife have demonstrated much civic commitment and given more than $600,000 to the Democratic careful. I think if a lawyer says: I was leadership as a very generous philanthropist Party and its candidates, including Obama. familiar with the documents, it means and board member of various nonprofit orga- Obama nominated him in March 2010. they have read them thoroughly, they nizations in our area. ‘‘Jack’’ McConnell’s nationally known The Institute for Legal Reform, an affiliate read them carefully. He couldn’t say abilities have gotten him hired to press some of the U.S. Chamber of Commerce, is one of that. This came over his desk, was very big lawsuits. As with most plaintiffs’ the groups opposing McConnell’s nomina- quickly out of his hands and quickly in lawyers who have practiced at the highly tion. The ILR owns Legal Newsline. the hands of others. competitive national level for a long time, Mr. REED. Madam President, I pro- Again, all these allegations of un- some of these have been very controversial. pose a unanimous consent agreement scrupulous behavior, unethical behav- The most notable example is the case that would recognize myself for 5 min- ior have never been supported by any against lead-paint makers pursued at the be- utes, Senator GRASSLEY for 5 minutes, finding. There is a case in Ohio. It is hest of then-Rhode Island Atty. Gen. (and Senator LEAHY for 5 minutes, and then not directly against Jack McConnell. now U.S. Sen.) Sheldon Whitehouse. We remain convinced that that action, Senator SNOWE and Senator LANDRIEU He is not a named party. It is his law which was (happily, to us) terminated by the for 10 minutes each. firm. He is one of many people in the Rhode Island Supreme Court, was unfortu- The ACTING PRESIDENT pro tem- law firm. There are suits filed against nate. But some other cases Mr. McConnell pore. Is there objection? Without objec- organizations, I would suspect, fre- was involved in, such as against tobacco tion, it is so ordered. quently. Is every member of the orga- companies, we agreed with. But then, Mr. Mr. REED. Madam President, this is nization involved? I suspect not. McConnell has been a hired hand doing as ca- not a stealth nomination. Mr. McCon- Finally, let me just respond to this pably as he could the job he has specialized nell has been approved and voted by notion of, well, this is just an elaborate in—pursuing product-liability and other the committee three separate times. arrangement between attorneys gen- class-action cases. Mr. McConnell, a graduate of Brown and Case Western Reserve This has already lasted years. There is eral and Jack McConnell. Again, the University Law School, has been retained in nothing stealthy about it. That is an process for this suit started with a Re- these high-profile lawsuits because of the exaggeration and completely inac- publican attorney general. The suc- ability and strenuous work ethic he has curate. ceeding attorney general was, indeed, shown time and time again.

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.003 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2654 CONGRESSIONAL RECORD — SENATE May 4, 2011 Jack McConnell has had very close ties In a similar vein, we have never endorsed nor During my tenure as Attorney General I with the Democratic Party, to whose can- opposed candidates seeking elective office on worked closely with Jack during the multi- didates he has given a lot of money. But the federal, state or municipal levels. state tobacco litigation initiated on a bipar- many federal judges have had close political The Greater Providence Chamber of Com- tisan basis by more than 40 Attorneys Gen- links before being named to the bench. The merce has enjoyed a very positive working eral in the mid-1990’s. As Attorney General, judgeship-nomination process can rarely be relationship with Senator Reed and Senator I was directly involved in the prosecution of separated from politics in varying degrees, Whitehouse, and we respect their right and our lawsuit and in the settlement negotia- as even a cursory look at the backgrounds of ability to put forth qualified nominees to the tions between the Attorneys General and the state and federal judges will demonstrate. United States District Court. tobacco industry. In that capacity I had the Many over the years had been elected offi- We would point out that Mr. McConnell is ability to work with and observe Jack over cials and/or highly partisan Democrats or a well respected member of the local commu- an extended period of time as he represented Republicans but have displayed great judi- nity, leading important civic, charitable and many states’ interests, including Rhode Is- cial judgment, disinterestedness and inde- economic development institutions including land; in short, what I observed was an attor- pendence when they achieved the protective Crossroads Rhode Island, the Providence ney who was smart, ethical, diligent and ab- tenure of the bench. Tourism Council and Trinity Repertory The- solutely dedicated to the cause of justice on behalf of his client. But in any case, Jack McConnell, in his atre. Since our interaction in the public sector I legal work and community leadership, has have remained very aware of Jack’s talents shown that he has the legal intelligence, U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT, and abilities as an attorney. I closely fol- character, compassion and independence to lowed the lead paint litigation in Rhode Is- be a distinguished jurist. Indeed, given his Pittsburgh, PA, May 11, 2010. Hon. PATRICK LEAHY, land, where Jack led the fight on behalf of understanding of the ‘‘little guy,’’ Mr. Chairman, Senate Judiciary Committee, the victims of this public health problem. McConnell could serve as something of a Washington, DC. He has always fought for those less fortu- healthy offset to the corporate-lawyer back- DEAR CHAIRMAN LEAHY: I write at this time nate who might otherwise not have had a grounds and attitudes that so many judges to most favorably recommend John J. voice in the judicial system. Jack has been have. And his deep knowledge of environ- McConnell who has been nominated by the that effective voice for many people for mental law could be of particular impor- President to the U.S. District Court for the many years. I also believe that as an experi- tance in coming years as such issues come to District of Rhode Island. enced litigator Jack has an outstanding abil- the fore more often. We hope that the Senate I met and worked with Mr. McConnell ity to look at legal issues from all perspec- confirms him. when I was the elected Attorney General of tives, without bias or predisposition, and I Pennsylvania from 1996–2003. We worked very have no doubt that he would be fair to all [From the Providence Journal, Nov. 23, 2010] closely together on the national tobacco liti- litigants who appear before him. In my opinion he would bring the kind of experience to EDITORIAL: STILL CONFIRM MCCONNELL gation which resulted in the $206 Billion 1998 Master Settlement Agreement. I was des- the federal bench that would make him an As we have said (‘‘Confirm McConnell,’’ outstanding judge presiding at trials, and a editorial, May 14) Providence lawyer John ignated by my Attorney General colleagues to be part of the national negotiating team fair and impartial arbiter for those who (‘‘Jack’’) McConnell is highly qualified to be come before him. a U.S. District judge. He’s one of America’s and worked closely with Mr. McConnell who was part of that team along with his partner I also have the pleasure of knowing Jack most able and successful litigators, and has outside of legal circles, and while I consider from Ness Motley, Joe Rice. We spent consid- been a very energetic and generous leader in him a friend, my comments about him as a erable time together in New York and at philanthropies and other parts of community person and family man are not influenced by meetings elsewhere and I had the unique op- life. our friendship—they are objective assess- portunity to assess Mr. McConnell’s legal But Republicans in the U.S. Senate seem ments that are very easy to make. abilities and his character, which were both determined to derail his nomination, both Jack and his wife Sara have three children outstanding. He was one of our key people in because they dislike Mr. McConnell’s fre- who are very close in age to each of my three developing strategy, drafting documents and quent past support of Democratic candidates children. For most of the past fifteen years evaluating various provisions of this land- and, more generally, because they want to do our children have attended the same schools mark settlement. anything they can to defeat President at the same time. Jack is a devoted and dedi- In addition to his work with the state At- Obama, who nominated him. cated father who understands the impor- torneys General in that case, Mr. McConnell tance of being there for your family even if To say that the current mood of Congress has been involved in major litigation in the is partisan is an understatement. the demands of a busy career are always state and federal courts in Rhode Island and present. All three of their children have Yes, like many judicial nominees, Mr. elsewhere across the country. He has been McConnell has taken partisan stands in the grown up with strong values, a sense of giv- honored for his legal skill and acumen by ing back to society, and the same kind of past. But his character and deep love of the many organizations and has made major con- commitment to others that Jack and Sara law suggest strongly that he will function as tributions to the cause of justice in his state have. Jack understands the balance that a disinterested judge—one able to look at the and elsewhere. needs to be struck between career and fam- facts of each case in the light of a close and John J. McConnell, Jr. is an outstanding ily, and while he has achieved great success rigorous reading of statutory and constitu- nominee to serve on the U.S. District Court professionally, he retains the strong values tional law and precedent. Indeed, his legal for the District of Rhode Island and I enthu- of his own upbringing, which he in turn im- work and community leadership suggest that siastically support his nomination. If I can parts to his children. he would be a distinguished jurist. provide any additional information, please In addition to his professional accomplish- The Senate should face down a filibuster feel free to contact me. ments and commitment to his family, Jack and approve his nomination. Very truly yours, has always been very active in the commu- D. MICHAEL FISHER. nity, involved in a number of civic activities, [From the Greater Providence Chamber of and he has been honored for his efforts on Commerce] LAW OFFICES OF many occasions. He enjoys an outstanding JEFFREY B. PINE ESQ., STATEMENT OF THE GREATER PROVIDENCE reputation in both the legal community and Providence, RI, May 7, 2010. CHAMBER OF COMMERCE ON THE NOMINATION the community at large, and many organiza- Hon. PATRICK LEAHY, OF JOHN MCCONNELL TO THE U.S. DISTRICT tions have recognized his commitment to his Chairman, Senate Judiciary Committee, COURT public service. Washington, DC. In conclusion, there is no question in my On Tuesday May 11, the United States DEAR SENATOR LEAHY: I have the pleasure mind that Jack would be an honest, prin- Chamber of Commerce urged the members of of writing on behalf of John (Jack) McCon- cipled, ethical and fair judge. He would be a the Senate Judiciary Committee to reject nell Jr. for a position on the Federal bench. credit to our state and to our judiciary. He the nomination of John J. ‘Jack’ McConnell I served as Rhode Island Attorney General has earned this prestigious position for his for a judgeship on the U.S. District Court in from 1993–1999, as a Republican. many years of hard work, legal experience Rhode Island. I have known Jack for more than fifteen and success as an attorney, as well as his po- The Greater Providence Chamber of Com- years, both professionally and personally, sition in the community as a respected civic merce was not consulted at any point in the and feel very qualified to comment on his leader and family man. process by the United States Chamber of credentials for such a prestigious position. I enthusiastically support his candidacy Commerce or The Institute for Legal Reform Throughout his career, Jack has dem- for a position on the federal bench. as to our views relative to the nomination of onstrated the kind of legal ability, integrity, If I can answer any questions or be of fur- Mr. McConnell. dedication to his client, and Willingness to ther assistance to you, please don’t hesitate The Greater Providence Chamber of Com- fight hard for the cause of justice that to contact me. merce has never endorsed nor opposed nomi- makes him a truly outstanding candidate for Sincerely, nees vying for the federal or state judiciary. the Federal Judiciary. JEFFREY B. PINE.

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PASTER & HARPOOTIAN, LTD., resentative of Rhode Island in the federal His compassion and charitable contribu- COUNSELLORS AT LAW, court system. tions have benefited agencies in the field of Cranston, RI, May 7, 2010. I am proud to offer this recommendation health, education and service to the poor and Hon. PATRICK LEAHY, and respectfully urge you to give him your homeless. His service as a director of Cross- Chairman, Senate Judiciary Committee, serious consideration. Thank you for your roads Rhode Island is only one example of Washington, DC. attention. his reaching out to the needy and dispos- DEAR SENATOR LEAHY: Thank you for al- Sincerely, sessed. lowing me the time to write to you in sup- SCOTT AVEDISIAN, He has been active in civic affairs in the port of my friend and colleague, John J. Mayor. City of Providence, the State of Rhode Island McConnell, Jr., for confirmation to the as well as on the national level. He is a United States District Court for the District ARLENE VIOLET, ESQ., splendid example of a model citizen whose of Rhode Island. The Senate Judiciary Com- Barrington, RI, Dec. 10, 2010. advice and counsel are sought after and free- mittee is scheduled to hold a confirmation In Re Jack McConnell. ly given. hearing on his appointment on May 13, 2010. DEAR SENATOR SESSIONS: As a former Re- His great experience as a litigator has I have known Jack McConnell for many publican Attorney General I have followed given him exceptional knowledge of the years as a professional colleague, fellow your career from the day you became the At- intracies of the rules of practice and proce- dedicated board member of Trinity Rep- torney General for your state. You have ac- dure in the federal courts. He would be su- ertory Company here in Rhode Island and as quitted yourself very well and have served perbly qualified to preside as a federal judge a very friendly political rival. the people of Alabama with diligence and over the most challenging and complex Time and again, Jack has proven that he is competence. a man of great principle and integrity. While I am writing to you in support of the nomi- cases. He is a man of keen intelligence and being a vigilant advocate for his clients and nation of Jack McConnell. As an attorney impeccable integrity. He would be a splendid the causes that he has taken up during his for close to 36 years I have known Jack for addition to the distinguished bench of the professional career, Jack has always con- about 20 of them. I often appeared in court United States District Court of Rhode Is- ducted himself in the most ethical and pro- and on occasion he’d be ahead of me on the land. fessional manner; a trait unfortunately docket and I’d be on ‘‘standby’’ for my case. Sincerely yours, sometimes not found among lawyers today. I observed a carefully prepared advocate who JOSEPH R. WEISBERGER, Jack and I also know each other from had done his homework. He is a highly re- Chief Justice (Ret.). being on opposites sides of the aisle politi- spected attorney here because his word was The ACTING PRESIDENT pro tem- cally, including some elections as well. As his bond. His forthrightness as an attorney pore. The Senator from Iowa. you know, elections can turn bitter and the along with his competence and honesty have participants can sometimes allow them- convinced me that he will be a fair and bal- Mr. GRASSLEY. Madam President, I selves to get caught up in the bitterness to anced judge on the federal bench. rise to oppose the cloture motion on the extent of it becoming personal. One of He has also been on the Board of Trustees Jack McConnell, who has been nomi- the greatest characteristics that I admire at Roger Williams University where I am nated to be U.S. district judge for about Jack so much is that, despite political also a trustee. He has been the voice of rea- Rhode Island. son and analysis on the tough issues facing differences of opinion, he never allowed In the first few months that I have those differences to become personal, or to universities today. His judgment is finely cloud his judgment. As a result, we have al- honed and I have no doubt that he will apply been ranking member of the Judiciary ways enjoyed spirited conversation regarding his analytical skills in service to the highest Committee, I have worked in good political issues, but have remained great standards of jurisprudence. I respectfully ask faith to move forward with consensus friends. you to confirm his nomination to the bench. nominees. We have taken positive ac- These characteristics lead me to unquali- With every best wish for you and your fam- tion on 68 percent of the judicial nomi- fiedly support Jack’s confirmation to the ily, I remain, Sincerely yours, nees submitted in this Congress. De- United States District Court for Rhode Is- spite my efforts, friends on the other land. ARLENE VIOLET. Please do not hesitate to contact me if you side of the aisle and the President’s top believe I have information which may be SUPREME COURT OF RHODE ISLAND, lawyer continue to claim we are not helpful to you in this process. FRANK LICHT JUDICIAL COMPLEX, moving fast enough. There are addi- Thank you very much for your kind con- Providence, RI, Feb. 9, 2009. tional consensus nominees the Senate sideration. Re John J. McConnell, Jr. could turn to. We could confirm addi- Very truly yours, Hon. JACK REED, tional district judge vacancies, as we JOHN M. HARPOOTIAN. U.S. Senate, have been doing. But rather than con- Cranston, RI. tinuing to move forward with con- EXECUTIVE CHAMBER, DEAR SENATOR REED: I have recently CITY OF WARWICK, RHODE ISLAND, learned that the subject attorney has applied sensus nominees, the majority leader May 7, 2010. to your office as a candidate for appointment chose to throw up a detour and proceed Hon. JEFF SESSIONS, to the United States District Court for the to one of the President’s most con- Ranking Member, Senate Judiciary Committee, District of Rhode Island. It may be of assist- troversial nominees, Mr. McConnell. It Washington, DC. ance in evaluating his application if those seems no good deed goes unpunished. DEAR SENATOR SESSIONS: I am pleased to who are familiar with his professional back- write this letter in support of John J. ground write concerning his outstanding Before turning to Mr. McConnell’s ‘‘Jack’’ McConnell, Jr., who is seeking ap- qualifications. record, I want to say a few words about pointment to the United States District I have known Mr. McConnell since 1983 the use of extended debate in consid- Court for the District of Rhode Island. when he served as a law clerk to Justice ering judicial nominations. My friends Jack had been an acquaintance of mine for Donald F. Shea of the Rhode Island Supreme on the other side have made some com- many years, but it was not until we began Court. Prior to this service, he graduated ments on this issue that are pretty dif- serving together for two non-profit agen- from Brown University and Case Western Re- ficult to understand given the record cies—Crossroads Rhode Island’s Board of Di- serve University School of Law. His talent there. rectors and the Institute for the Study and and personality were outstanding from the Practice of Non-Violence that I got to know earliest stages of his career. First, with respect to district court him well. Jack is a man of integrity, a Since he left our court, I have observed, nominees, and contrary to what my strong sense of community and a very fair with great admiration, his meteoric rise as a colleagues have suggested, there have and forward-thinking individual. trial lawyer. He has been lead counsel in a been in the past filibusters of district As the Republican Mayor of Rhode Island’s number of extremely high profile cases in court nominees. Most recently, the both State and Federal Courts. His work in second largest community, I have always Democrats successfully filibustered a firmly believed that the ability to reach con- the negotiation of the master settlement sensus among people of differing points of agreement with the tobacco industry on be- district court nominee in 1999, Mr. view is critical to the well-being of our resi- half of forty-six states is legendary in the Brian Stewart by a vote of 55 to 44. dents and our state as a whole. In the time annals of litigation. His achievements in as- Judge Stewart was ultimately con- I have come to know Jack, I have realized bestos litigation are equally distinguished firmed. that he shares this same philosophy. and involved some of the most complex cases But the fact of the matter is that dis- The District Court appointment is a crit- on record. He has been recognized by his trict court nominees have been filibus- ical one to ensure that our justice system peers with numerous awards for service to continues to provide victims and their ac- the profession as well as designation as one tered, and it was Democrats who first cused with an opportunity to be heard fairly of the best lawyers in America. The Rhode took the step. On circuit court nomi- and impartially. I believe that Jack would be Island Bar Association has honored him for nees, the record is far worse. I would a valuable asset to the bench and a good rep- his service to the poor and disadvantaged. note that I do not necessarily like to

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For that reason alone, I do sents anything approaching ‘‘extraor- Members must decide whether they be- not think he should be rewarded with a dinary circumstances’’ that might jus- lieve they should move forward to a lifetime appointment to the Federal tify a filibuster to prevent a vote on vote on confirmation of this nominee. bench. But even if I did not have that the nomination. By any fair measure, Mr. McConnell concern, I could not support this nomi- It would be unfortunate if Senators qualifies as a very extraordinary cir- nee. were to knuckle under to the demand cumstances. I have reached this con- I yield back the time that was allot- for a filibuster by special interest busi- clusion based on a number of factors. I ted to me. ness lobbies. Mr. McConnell should not want to discuss a couple of these rea- The ACTING PRESIDENT pro tem- be filibustered for being a good lawyer, sons now. pore. The Senator from Vermont. yet that is at the root of any opposi- I am particularly troubled by the Mr. LEAHY. Madam President, I tion. The corporate lobby opposes him way Mr. McConnell handled himself be- hope that all Senators have had a because he successfully represented fore the committee. I believe Mr. chance to consider the remarks of the plaintiffs, including the State of Rhode McConnell at best misled the com- Senators from Rhode Island on this Island itself, in lawsuits against lead mittee when he testified about his fa- nomination. I do not think anyone paint manufacturers. Some here in the miliarity with a set of stolen legal doc- could listen to the remarks of the dis- Senate may support the lead paint in- uments that his law firm obtained dur- tinguished senior Senator from Rhode dustry. That is their right. I support the right of this attorney to bring legal ing the lead paint litigation. When Island yesterday and today and come claims based on the poisoning of chil- asked about these documents during away doing anything other than voting dren by the lead in paint and to hold his committee hearing, he testified for cloture. Likewise, Senator those responsible accountable. You can that he saw the documents ‘‘briefly’’ WHITEHOUSE, who spoke this morning support the lead paint manufacturers but that he was not familiar with them and has shepherded this nomination or you can support the children who ‘‘in any fashion.’’ through the Senate Judiciary Com- were poisoned. I will stand with the But several months after his hearing, mittee, has done an outstanding job in children. That is what Mr. McConnell Mr. McConnell was deposed under oath his statement not only this week but did. That is why the business lobbies about those same documents. In his throughout the course of this nomina- oppose him. No Senator should oppose sworn deposition, Mr. McConnell testi- tion, which now extends into a second Mr. McConnell for doing what lawyers fied that he was the first lawyer to re- year. They have set forth not only the do and vigorously representing his cli- ceive the documents. He drafted a merits of this nominee, but also what ents in lawsuits. That is not a jus- newspaper editorial citing information is at stake for the Senate and the coun- tification to filibuster this nomination. that came directly from those docu- try if Senate Republicans take the vir- Mr. McConnell has testified and dem- ments. He testified that he reviewed tually unprecedented action of filibus- onstrated that he understands the dif- and signed a legal brief that incor- tering a Federal district court nomi- ferences between the role of the judge porated the stolen documents. And nee. and the role of an advocate for one of even though he told the committee Jack McConnell has bipartisan sup- the parties. that he was not familiar with the docu- port from those in his home State. With judicial vacancies at crisis lev- ments ‘‘in any fashion,’’ during his dep- Leading Republican figures in Rhode els, affecting the ability of courts to osition he testified that he did not see Island have endorsed his nomination. provide justice to Americans around any indication on the documents that They include First Circuit Court of Ap- the country, we should be debating and they were confidential or secret. peals Judge Bruce Selya; Warwick voting on each of the 13 judicial nomi- How could he know the documents Mayor Scott Avedisian; Rhode Island nations reported favorably by the Judi- were not confidential or secret if, as he Chief Justice Joseph Weisberger; ciary Committee and pending on the testified before the committee, he was former Rhode Island Attorneys General Senate’s Executive Calendar. No one not familiar with them ‘‘in any fash- Jeffrey Pine and Arlene Violet; former should be playing partisan games and ion?’’ Director of the Rhode Island Depart- obstructing while vacancies remain Given these facts, it is hard to square ment of Business Barry Hittner; former above 90 in the Federal courts around Mr. McConnell’s testimony before the Rhode Island Republican Party Vice- the country. With one out of every nine committee with his sworn deposition Chair John M. Harpootian; and Third Federal judgeships still vacant, and ju- testimony a couple of months later. Circuit Court of Appeals Judge Michael dicial vacancies around the country at The litigation over these documents Fisher. 93, there is serious work to be done. remains ongoing. We do not know how With more than 25 years of experi- I have made it a practice as the it will conclude. We do not know ence as an outstanding litigator in pri- chairman of the Senate Judiciary Com- whether Mr. McConnell and his law vate practice, Mr. McConnell has been mittee to respect the views of home firm will be held liable for the theft of endorsed by the Providence Journal, State Senators from both sides of the these documents. But what is the Sen- which wrote: aisle. I have encouraged President ate going to do if we confirm this indi- In his legal work and community leader- Obama to work with home State Sen- vidual but at some later date he or his ship [he] has shown that he has the legal in- ators from both sides of the aisle. Re- law firm are found liable for theft? At telligence, character, compassion, and inde- publican Senators used to defer to that point, it will be too late. Members pendence to be a distinguished jurist. home State Senators on Federal dis- will not be able to reconsider their That is what Senator REED talked trict court nominations. That was votes. about, the nominee’s qualifications, ex- their justification for voting both for The Wall Street Journal recently perience, temperament, integrity, and or against nominations during the last opined that Mr. McConnell’s ‘‘changing character. several years. But if Senate Repub- story about his lead paint advocacy is Just a few years ago, Republican licans abandon that deference and en- enough by itself to disqualify him from Senators argued that filibusters of ju- gage in a filibuster of this Federal dis- the bench.’’ I could not agree more. dicial nominees were unconstitutional, trict court nominee, and ignore the There are other aspects of Mr. Mc- and that every nominee was entitled to strongly held views of home State Sen- Connell’s record that concern me a an up-or-down vote. Of course, they ators, then they will be undercutting great deal, which I will outline later. I said that with a Republican President. all those understandings and practices. will just conclude by saying this. I Now suddenly things have changed. At When home State Senators as widely have supported the overwhelming ma- that time, a number of Republican Sen- respected and as serious about the rule jority of President Obama’s judicial ators joined in a bipartisan memo- of law as the Senators from Rhode Is- nominees. If it were up to me, I would randum of understanding to head off land endorse a Federal district court

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I trust votes or debate these issues, allowing ability to compete globally and create that Senate Republicans will not go those amendments to be offered, we go jobs at home. down the dark path on which they are on a 2-week recess, a fact that was not The regulatory reform amendment I headed. lost on the American people. What am proposing with Senator COBURN is Senator REED spoke yesterday of the they saw was business as usual in strongly supported by a variety of precipice on which the Senate is Washington, acting as if there is noth- small business community organiza- poised. Senator WHITEHOUSE, Senator ing wrong in America today. tions: the NFIB, the Chamber of Com- FEINSTEIN, and Senator SCHUMER have So it is disappointing to hear the merce, and 28 other groups. spoken eloquently on this issue as well. statements that the Republicans are I ask unanimous consent to have I urge all Senators, Senators on both not allowing this bill to move forward. that letter printed in the RECORD. sides of the aisle, to do the right thing We are more than ready to move for- There being no objection, the mate- to honor our constitutional role and ward with votes on amendments, then rial was ordered to be printed in the traditions, and to vote in favor of end- onward to final passage. That is how RECORD, as follows: ing this filibuster so that the nomina- the process works in the Senate. MAY 2, 2011. tion of Jack McConnell can then be We could have already been at that Hon. OLYMPIA SNOWE, considered on the merits and voted up point if we had been given the time, in- U.S. Senate, or down. stead of having recesses and days off Washington, DC. I reserve the balance of my time and and morning business. Indeed the ma- Hon. TOM COBURN, I yield the floor. jority has squandered the time of the U.S. Senate, Washington, DC. The ACTING PRESIDENT pro tem- past several months not on this legisla- pore. The Senator from Maine. DEAR SENATORS SNOWE AND COBURN: As tion but in quorum calls and in morn- representatives of small businesses, we are f ing business. There was nothing else pleased to support Senate Amendment 299, SBIR/STTR commanding our attention. the Small Business Regulatory Freedom Act There were several days we voted for of 2011. This amendment to S. 493, the SBIR/ Ms. SNOWE. Madam President, I rise the continuing resolution. I understand STTR Reauthorization Act, puts into place today regrettably, as ranking member strong protections for small business to help of the Small Business Committee, to not having votes on those days. But just 3 days for votes out of 15 is unfor- ensure that the federal government fully announce that I will be opposing clo- considers the impact of proposed regulation ture on the pending legislation regard- tunate, not to mention underachieving. on small businesses. ing small business. I have reached this We could have held votes on any other In an economy with high unemployment, decision after much deliberation, be- day. and where almost 2/3 of all net new jobs come cause I support the underlying legisla- Indeed, on April 19, USA Today ran from the small business sector, we appreciate that your legislation would require reg- tion. In fact, I have championed the an article titled, ‘‘Two chambers work at different paces.’’ It noted that the ulators to further analyze the impact of cer- Small Business Innovation Research tain proposals on job creation. The annual Program since its inception in 1982, House of Representatives has held 277 roll call votes as of April 18, the most cost of federal regulation per employee is when I was serving in the House of significantly higher for smaller firms than Representatives. in that period of time since 1995 fol- larger firms. Federal regulations—not to But regrettably there has been a dis- lowing the Republican Revolution. The mention state and local regulations—add up turbing trend in this body over the article then shifted its focus to the and increase the cost of labor. If the cost of past several years of disregarding the Senate, where it noted that our body labor continues to increase, then job cre- minority rights and flat out dis- has held a mere 68 record votes ‘‘the ation will be stifled because small businesses allowing votes on our amendments. We fewest roll-call votes since 1997’’! One will not be able to afford to hire new employees. were informed early this year that we of our colleagues in the House joked last month that the Senate has two The Small Business Regulatory Freedom would have an open amendment proc- Act expands the scope of the Regulatory ess on legislation in this Congress. We paces—‘‘slow and glacial.’’ It would be Flexibility Act (RFA) by forcing government were told, let’s let the Senate be the humorous if it didn’t mean that the regulators to include the indirect impact of Senate again. I could not agree more. American people are getting short- their regulations in their assessments of a Let’s allow Senators to offer amend- changed by their elected representa- regulation’s impact on small businesses. The ments and have votes on them. That is tives, who were sent here to vote on bill also provides small business with ex- the Senate that I know, and the one the critical issues facing our country. panded judicial review protections, which would help to ensure that small businesses that has served our country so well Voting is our primary responsibility, as are amendments to flesh out the leg- have their views heard during the proposed since it first convened in 1789. rule stage of federal rulemaking. As we all well know, the Senate has islative process. We should have had a The legislation strengthens several other traditionally been a place where the vote on the legislation I was offering as aspects of the RFA—such as clarifying the rights of the minority were protected, an amendment, in conjunction with standard for periodic review of rules by fed- and where constructive debate is the Senator COBURN and six other cospon- eral agencies; requiring federal agencies to rule, not the exception. It is supposed sors on regulatory reform, to reduce conduct small business economic analyses to be the institutional check that en- the burden on our Nation’s small busi- before publishing informal guidance docu- sures all voices are heard and consid- nesses. ments; and requiring federal agencies to re- ered. Because while our constitutional This would have had a direct impact, view existing penalty structures for their here and now, on the ability of small impact on small businesses within a set democracy is premised on majority timeframe after enactment of new legisla- role, it is also grounded in a commit- businesses to create jobs. I am mys- tion. These important protections are needed ment to minority rights. tified as to why I cannot have a vote on to prevent duplicative and outdated regu- The fact of the matter is, we have this regulatory reform amendment as latory burdens as well as to address penalty been considering the small business in- the ranking member of the Small Busi- structures that may be too high for the novation research legislation since ness Committee. small business sector. March 14, a month and a half ago. Over In November, the Senate Small Busi- The legislation also expands over time the the course of that time, when exclud- ness Committee held a hearing on regu- small business advocacy review panel proc- ing weekends and recesses, the Senate latory reform. It was noted in that ess. Currently, the panels only apply to the Environmental Protection Agency, the Occu- was in session 15 days. And in those 15 hearing that a 30-percent reduction in pational Safety and Health Administration, days, we had merely 3 days in which regulatory costs in an average 10-per- and the Consumer Financial Protection Bu- the Senate has held votes related to son firm would save nearly $32,000, reau. These panels have proven to be an ex- this legislation—3 days. enough to hire one additional indi- tremely effective mechanism in helping

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We We applaud your efforts to ensure the fed- small businesses before they are imple- eral government recognizes the important mented in the rulemaking process, not just came off of a 2-week recess, and I contributions of job creation by small busi- after. am mystified why we are just driving ness, and look forward to working with you You know, I hear in the Senate, well, this to a cloture vote and I am denied on this important legislation. we will see. We will let the rules take a vote on an amendment that is so rel- Sincerely, effect, and then see what happens to evant to the well-being, to the survival Air Conditioning Contractors of America, small businesses afterwards. Does any- of small businesses—regulations. American Bakers Association, American body understand what that means for a There was a $26 billion increase in Chemistry Council, American Farm Bureau Federation, Associated Builders and Con- small business on Main Street in Amer- regulation costs last year. That is on tractors, Food Marketing Institute, Hearth, ica to have to implement a regulation new regulations. The total cost is $1.7 Patio & Barbecue Association, Hispanic that is handed down from the Federal trillion overall. Some have debated Leadership Fund, Independent Electrical Government—the cost of compliance, that cost saying that is not a true cost. Contractors, Institute for Liberty, Inter- the added number of employees it re- They say: No, it is this cost. It is a national Franchise Association, National As- quires just to deal with the regulatory lesser cost. Some say: Well, it is less sociation for the Self-Employed, National burden? They can’t afford it. After all, than $1 trillion. Why? Because they do Association of Home Builders, National As- we are in an age of high unemploy- not count the IRS. Well, ask the small sociation of REALTORS, National Associa- tion of the Remodeling Industry (NARI). ment. It is persistent. businesses if IRS regulations are ham- National Automobile Dealers Association So we could deal with this issue here pering their well-being and suffocating (NADA), National Black Chamber of Com- and now. We have had a number of the entrepreneurial spirit in America, merce, National Federation of Independent hearings over time on regulatory re- or the FCC or all the myriad of other Business, National Funeral Directors Asso- form. The Homeland Security and Gov- independent agencies that are not in- ciation, National Lumber and Building Ma- ernment Affairs Committee has had cluded. I suggest everybody take Main terial Dealers Association, National Res- hearings on regulatory reform. The Street tours and see what is happening. taurant Association, National Retail Federa- time is now to address it. If we are wondering why we can’t cretion, National Roofing Contractors Associa- tion, Plumbing-Heating-Cooling Contrac- Furthermore, what is the problem ate the jobs that are necessary for tors—National Association, Printing Indus- with allowing a vote on this amend- America, then just look right here. We tries of America, Small Business & Entrepre- ment? That is what I don’t understand. are shutting down the process with clo- neurship Council, Snack Food Association, Why can’t we have a vote on the ture votes. For what? Because we can’t Society of American Florists, U.S. Chamber amendment on regulatory reform? If have a debate. We can’t have votes. We of Commerce, Window and Door Manufactur- those on the other side do not want to are doing nothing. ers Association. support it, they can vote against it. The PRESIDING OFFICER (Mr. Ms. SNOWE. We have taken great But let’s have a vote. Let’s have a de- BLUMENTHAL). The Senator’s time has strides to address the concerns of those bate. What else are we doing? expired. from across the aisle. But they keep We just came off of a 2-week recess. I Ms. SNOWE. Thank you, Mr. Presi- moving the goalposts. For instance, cannot imagine anybody that went dent. some did not like our definition of indi- home and talked to small businesses on The PRESIDING OFFICER. The Sen- rect effect and costs with respect to Main Street or to the average person ator from Louisiana. evaluating the impact of regulations who is desperately searching for a job Ms. LANDRIEU. Mr. President, I on small businesses. So we agreed to not understanding that we need to do urge my colleagues to vote for cloture take the language that was initially something about these key issues. on this important bill. It is the Federal proposed by Dr. Sargeant with the Of- We should focus more on issues like Government’s largest research program fice of Advocacy at the Small Business this and less on concerns about for new technologies and innovation. It Administration. He is the President’s lunches, or recess. It is about doing our is a job creator. It is widely supported top small business regulatory ap- work in the Senate however long and by many business organizations in this pointee. however hard it is, but to do it. That is country. It is a bill that should have It was expressed that the Office of what this issue is all about. It is about passed 6 years ago. It is a bill, a stat- Advocacy would require more funding doing things that are going to matter ute, that will expire in less than 30 to carry out these additional respon- on Main Street, and regulatory reform days from now. If we don’t vote favor- sibilities. I agreed. We proposed in- matters on Main Street. We can talk ably on this bill today, there will be creased authorization for the funding about it endlessly. The time is now to virtually no chance of this program for this office. Moreover, we offset that act. That is what this is all about. Let being extended under law, and we will spending with cuts in the SBA, already the Senate work in the traditions of either have to eliminate the program proposed in the President’s 2012 budget. the Senate: an open, deliberative proc- entirely or we will revert back to no There were concerns with language ess. way to do business, which is a 3-month that would require that rules sunset if When we had the continuing resolu- or 6-month rolling extension. agencies failed to review them as re- tion, we had 700 amendments in the I wish to answer a few of the charges quired by law, by the way. So we devel- House of Representatives. What amend- made by my colleague. First of all, I oped a compromise. Instead there ments did we have? The same is true have the greatest respect for my rank- would be a ‘‘stick’’ of reducing an agen- now. They are shutting down the proc- ing member, and I can understand her cy’s budget for salaries by 1 percent if ess. I am told that we had 137 amend- frustration as being the ranking mem- it failed to comply with its review re- ments, and what did the Senate do? Go ber of the Small Business Committee quirements under law. Moreover, it in- on recess for 2 weeks. and not getting her amendment on the cludes several safeguards to allow the The point is, we have a serious prob- Senate floor. I would respectfully re- agency to have multiple bites out of lem in America. It is persistently high mind her that we could have had a vote the apple to satisfy their legal require- unemployment. It is subpar growth. on her amendment in committee ex- ments. We heard that some Democrats The economic conditions are deeply cept that her side demanded—and I might oppose adding regulatory review troubling. We have to get the show on wish to submit a letter to the effect— panels at every agency, immediately, the road, and that means regulatory that the bill come out of our com- saying that doing so would be too reform. mittee clean; that the SBIR bill not be much, too soon and that a phase-in It is one of the chief, foremost con- attached to anything else so we could would be more responsible so we pro- cerns among small businesses. Among have an open debate on it because it posed a modest phase-in approach of the plethora of concerns they have has been going on for 6 years. three additional agencies per year over about what we are doing or not doing, No. 2, an open amendment process, 3 years. After all, what is wrong with one of the foremost issues is regulatory which the majority leader has been having small business review panels es- reform, and we are dithering. I can’t more than gracious with, considering

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.011 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2659 the fact that 150 amendments have Senator SNOWE, herself, has an I took the opportunity yesterday at been filed on a bill that is only 116 amendment to prevent fraud in con- an Armed Services Committee hearing pages long, and 95 percent of these tracting. We are going to lose that. to ask the Department of Defense offi- amendments have nothing to do with So, evidently, 95 percent of the loaf is cials responsible for maintaining our this bill—the majority leader has been not enough. So we either get 60 votes military’s technological edge what the more than patient. But an open debate on this bill or we don’t. impact would be on DOD’s research if does not—on the Senate floor, an open Mr. President, I wish to give my last Congress did not reauthorize SBIR. As- and free debate does not mean elimi- minute to Senator SHAHEEN, and I wish sistant Secretary Zachary Lemnios nating the committee process in the to ask her a question. What actually said the SBIR is ‘‘something we abso- Senate that has existed, to my knowl- did the Senator hear in the Armed lutely need.’’ He discussed what it is edge, as long as this body has existed, Services Committee that is relevant to like talking to the small, innovative and it never will. this bill? If I have 2 seconds, go ahead entrepreneurs that he works with We cannot trample on the rights of and tell me. through the SBIR program. He told me, our committees, whether it be Home- The PRESIDING OFFICER. Without ‘‘there are small companies willing to land Security, which has primary juris- objection, it is so ordered. take some risk in areas where larger diction over this issue, or the Small Mrs. SHAHEEN. I took the oppor- companies just, for whatever reason, Business Committee, which has some tunity yesterday in an Armed Services just don’t. You spend a day with a jurisdiction over this issue. But be- Committee subcommittee to ask De- small business like that, and your cause this regulatory reform bill is so partment of Defense officials who have mind explodes with new ideas.’’ far reaching and a necessary debate to been responsible for maintaining our That is the kind of innovative spirit have—not here, not now, not on this military technological edge what the that we need to stay competitive. And Senate floor but in the relevant com- impact would be on DOD’s research if it is the same spirit that agencies like mittees. In fact, there are four other Congress does not reauthorize the the Department of Defense need to bills besides that of my ranking mem- SBIR Program. Assistant Secretary keep America secure. In 2010, the De- ber. Senator VITTER has one bill, and I Zachary Lemnios said the SBIR is partment of Defense issued nearly 3,000 will submit for the RECORD other bills ‘‘something we absolutely need.’’ He awards through the SBIR program. that have been filed, in fact, on this spoke of what it is like talking to Let me give just one example of a exact subject. small innovative companies he works company in my State that has bene- The chairman of the Homeland Secu- with through SBIR, and he told me: fitted from the SBIR program and has rity Committee, who sits right here at There are small companies willing to take helped the Department of Defense de- this desk, has already agreed to have a some risk in areas where larger companies velop a product that is currently help- hearing on all of these bills because just, for whatever reason, just don’t. You ing our troops carry out their missions. spend a day with a small business like that, Earlier this year, I visited a firm Senator SNOWE, with all due respect, is and your mind explodes with new ideas. not the only Member who has an inter- called Active Shock in Manchester, That is the kind of innovative spirit est in regulatory reform. My com- NH. Active Shock showed me the sus- we need to stay competitive. We need mittee, which I chair, does not have pension technologies that it developed this for America’s national security, complete jurisdiction over this issue. with funding from a competitive SBIR and as the Senator from Louisiana Commerce is interested in it. Home- award. These technologies are now points out, this is a program that cre- land Security is interested in it. used by the Department of Defense to ates jobs. I can’t pull a bill—I don’t believe it is help our troops in the field. They help We need to get this reauthorization stabilize our war vehicles in rough ter- right to pull a bill from the floor to done. We need to talk about regulatory have a vote that has not had a hearing rain. reform, but we need to do this first. This is exactly the kind of high-tech in any committee of the Senate. That In a few minutes we will be voting on product that is developed as a result of is not an open process. That is an ask whether to move forward with a bill re- SBIR. And SBIR awards are absolutely that is impossible to agree to. authorizing a program that is criti- critical for these small companies. Bill No. 3 in my argument: If we vote no cally important to my home State of Larkins, the CEO of Active Shock, told on cloture, I wish to remind Senators New Hampshire and the entire coun- me that Active Shock would simply the amendments of Senator CARPER try—the Small Business Innovation not be here today were it not for the and Senator VITTER will see no light of Research program, or SBIR. SBIR program. The products that Ac- day. They have good amendments they As Chair LANDRIEU has pointed out, tive Shock developed also have com- have been working on for 3 years that the Senate has been debating this bill mercial applications, so the SBIR have had committee review to help ex- for 5 weeks now. My colleagues and I awards have helped them grow and cre- pedite the sale of Federal buildings from the Small Business Committee ate jobs. Active Shock started with that could save taxpayers millions of have come to the floor several times to only a few employees; now, it has dollars. That amendment will go down. talk about the importance of this pro- grown to over 30 employees. The Cornyn amendment, which es- gram for the future of our economy. Active Shock is just one of many tablishes a commission to cut spending The bottom line is that SBIR promotes small firms in New Hampshire that which will also save taxpayer money innovation among the entrepreneurs have successfully competed for funding and reduce the burden on taxpayers, that will keep the American economy through SBIR in the 28 years it has that amendment will go down. competitive in the 21st century. been in existence. All across New Senator PAUL’s amendment to reduce But as we decide whether to move Hampshire, small businesses that oth- spending by $200 billion, he will not get forward with this bill—which has broad erwise would not be able to compete for the majority of our votes, but there bipartisan support—I wanted to talk federal R&D funding have won com- will be an interesting debate on wheth- about the importance of SBIR—not petitive SBIR grants that advance er we can cut $200 billion out of the just for our small businesses, but also technology and science and create good Federal Government. We lose that for our national defense. jobs. In just the last 2 years, New amendment. Many agencies have come to rely on Hampshire firms have won 80 SBIR Senator HUTCHISON has an amend- small, innovative companies to help awards. ment for us to debate all of the regula- them think outside the box and solve And many of these companies are tions in the entire universe on health important problems. This is especially helping the Department of Defense care. People are complaining about true for agencies that are charged with meet its R&D needs—in fact, despite regulations for health care. We are giv- protecting our national security. Agen- its small size, New Hampshire is ing a vote on that. That amendment cies like the Department of Defense ranked 22nd in the Nation for total will not be voted on. rely on small companies to perform grants awarded from the Department Senator CARDIN has an amendment to R&D that often leads to technologies of Defense since SBIR began. fix surety bonds. We are going to lose that help our troops in the battlefield We need to focus on smart ways to that. and help secure our country. create jobs and stay competitive. This

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.013 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2660 CONGRESSIONAL RECORD — SENATE May 4, 2011 program is critical for meeting that well that underscore his bias, such as Also in 1986, they mounted the first goal. But we also need to remember when he insisted that one American in- partisan filibuster against a nominee that SBIR also enhances our national dustry only does ‘‘the right thing’’ to be Chief Justice. That was Chief security. when it is ‘‘sued and forced to by a Justice Rehnquist’s nomination. I encourage my colleagues to join me jury.’’ In 1999, they mounted the first suc- in supporting this important program. After such a long record of hostility cessful partisan filibuster of a judicial Ms. LANDRIEU. Mr. President, I toward one segment of American soci- nominee. That too involved a district thank the Senator for answering my ety, it is difficult to believe Mr. court nominee, Brian Stewart. Both question. McConnell can now turn on a dime and the chairman of the Judiciary Com- I would like to submit many more ‘‘administer justice without respect to mittee and the senior Senator from things for the RECORD. But, again, I persons,’’ as the judicial oath requires. Rhode Island voted to filibuster Mr. wish to close, because we are 10 min- The business community does not Stewart. I, and all Republicans, voted utes extended from the vote, by asking think so, and it is easy to see why. actually against filibustering him. the Senate to please consider voting In fact, the U.S. Chamber of Com- Our friends’ successful filibuster of for the SBIR Program. If we don’t it merce has never before opposed a dis- this nominee is now inconvenient to will expire on May 31 this year. trict court nominee in its 100-year his- their narrative about filibuster norms Mr. President, I suggest the absence tory—not once. Yet it is so troubled by and propriety. They claim that fili- of a quorum. Mr. McConnell’s clear disdain for the buster does not count. I guess they are The PRESIDING OFFICER. The business community that it has taken saying they only filibustered him to le- clerk will call the roll. the extraordinary step of opposing this verage floor votes on other judicial The bill clerk proceeded to call the nomination. nominees, and once they got what they roll. Senator CORNYN pointed out yester- wanted, he was confirmed. I gather this The PRESIDING OFFICER. The Re- day that there are also serious ethical is the ‘‘coercion exception’’ to the body publican leader. issues with Mr. McConnell’s nomina- of filibuster precedent they have cre- Mr. MCCONNELL. I ask unanimous tion. He pioneered the practice of ‘‘pay ated. consent that the order for the quorum to play’’ lawsuits, where he solicited In 2003, our friends mounted the first call be rescinded. lucrative no-bid, contingency fee con- successful filibuster of a circuit court The PRESIDING OFFICER. Without tracts from public officials. nomination. That would be Miguel objection, it is so ordered. He has given statements to the Judi- Estrada’s nomination. He was filibus- ciary Committee that are misleading tered seven times, in fact. Our Demo- f at best and untrue at worst about his cratic colleagues added to this record NOMINATION OF JOHN MCCONNELL familiarity with a case involving sto- by filibustering nine other circuit Mr. MCCONNELL. Mr. President, the len litigation documents. There is the court nominees, a total of 21 times. Senate will shortly vote on the cloture outstanding matter of the stolen litiga- That is a record, too. The chairman of motion on the Jack McConnell nomi- tion documents themselves, over which the Judiciary Committee and the sen- nation. We have been working in good his law firm and several unnamed ior Senator from Rhode Island partici- faith with our Democratic colleagues ‘‘John Doe’’ defendants are being sued. pated in all of those filibusters as well. to confirm consensus judicial nominees In light of all the problems with the In 2006, led by President Obama him- in general and to fill judicial emer- McConnell nomination, I have listened self, our Democratic colleagues mount- gencies in particular. So it is dis- with interest to the admonishments by ed the first partisan filibuster of a appointing that our Democratic friends the chairman of the Judiciary Com- nominee to be an Associate Justice of have chosen to depart from this bipar- mittee and other Democratic col- the U.S. Supreme Court. That would be tisan practice and to press the McCon- leagues against opposing cloture on his the Justice Alito nomination. Our nell nomination which would not fill a nomination. I know my record of sup- Democratic friends from Vermont and judicial emergency and is about as far porting up-and-down votes for con- Rhode Island joined in that filibuster, from a consensus nomination as one troversial judicial nominees during the too. could imagine. administration of President Clinton, I agree that filibusters of judicial Mr. McConnell has described his judi- and I am equally aware of the deter- nominees should be used sparingly. Un- cial philosophy in this way: mined efforts by my Democratic col- fortunately, our friends on the other leagues ‘‘to change the ground rules’’ side of the aisle have filibustered judi- There are wrongs that need to be righted, in the Senate confirmation process cial nominees whenever it suited their and that’s how I see the law. once there was a Republican President. purposes to do so, whether it was to de- In Mr. McConnell’s eyes, the wrong- My Democratic colleagues ulti- feat nominees such as Miguel Estrada doers in America are invariably its job mately succeeded in their efforts by re- or to leverage other nominees as with creators. peatedly filibustering President Bush’s the Stewart nomination. Given their His legal career has been marked by judicial nominees. I wish our friends persistent enthusiasm for the judicial a pervasive and persistent hostility to had not succeeded and not set up that filibuster, I do not view our Demo- American job creators. This bias precedent. But they did. And the prece- cratic friends as the arbiters of fili- against one part of American society is dent is the precedent, and their buyer’s buster propriety. fundamentally antithetical to the rule remorse now that there is again a Dem- In this case, I believe the McConnell of law, and it has led him to take a se- ocrat in the Oval Office will not change nomination is an extraordinary one. He ries of troubling actions that show his it. should not be confirmed to a lifetime unfitness for a lifetime position as a Over the years, there have been bi- position on the bench. I will oppose clo- fair and impartial judicial officer. partisan concerns with judicial nomi- ture, and I urge my colleagues to do For example, he has filed what his nees, and cloture has been needed to the same. hometown newspaper described as a end debate. Abe Fortas is a famous I yield the floor. ‘‘ludicrous’’ lawsuit against businesses. case. He was opposed by Senators from Mr. MCCAIN. Mr. President, during This case ended up costing not just the both sides of the aisle because of eth- my 24 years in the U.S. Senate I have companies but Rhode Island taxpayers ical issues, and his nomination did not not once voted against cloture for a as well. After the State’s supreme even have majority support, let alone nominee to the district court, and I court unanimously rejected his frivo- the votes needed to invoke cloture. will not do so today. As a member of lous legal theory, his clients—the tax- But the partisan filibuster is a more the ‘‘Gang of 14’’ in 2005, I agreed that payers—had to pay a quarter of a mil- recent development, and our Demo- ‘‘Nominees should be filibustered only lion dollars in lawyers’ fees. cratic colleagues have been the proud under extraordinary circumstances.’’ Rather than be contrite about the pioneers in this area. In 1986, they The nomination of Mr. McConnell does damage he had done, he lashed out at mounted the first partisan filibuster not rise to a level of ‘‘extraordinary his State’s supreme court, saying it let against a judicial nominee. That nomi- circumstances.’’ ‘‘wrongdoers off the hook.’’ He has nee, by the way, was a district court However, I am deeply troubled by Mr. made other intemperate statements as nominee, Sidney Fitzwater. McConnell’s less than candid responses

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.015 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2661 to the Senate Judiciary Committee, his [Rollcall Vote No. 64 Leg.] Mr. KYL. The following Senator is liberal judicial philosophy, including YEAS—52 necessarily absent: the Senator from his public antipathy toward private en- Baucus Harkin Nelson (FL) Oklahoma (Mr. COBURN). terprise, and his strong political activ- Begich Inouye Pryor The PRESIDING OFFICER (Mr. Bennet Johnson (SD) ism. For these reasons, I will not sup- Reed UDALL of New Mexico). Are there any Bingaman Kerry Reid port his nomination. Blumenthal Klobuchar Rockefeller other Senators in the Chamber desiring Shaping the judiciary through the Boxer Kohl Sanders to vote? appointment power is one of the most Brown (OH) Landrieu Schumer The yeas and nays resulted—yeas 63, Cantwell Lautenberg Shaheen important and solemn responsibilities Cardin Leahy nays 33, as follows: Stabenow a President has and certainly one that Carper Levin [Rollcall Vote No. 65 Ex.] Tester Casey Lieberman has a profound and lasting impact. The Udall (CO) YEAS—63 President is entitled to nominate those Conrad Manchin Coons McCaskill Udall (NM) Alexander Graham Murkowski whom he sees fit to serve on the Fed- Durbin Menendez Warner Baucus Hagan Murray eral bench, and unless the nominee Feinstein Merkley Webb Begich Harkin Nelson (NE) rises to ‘‘extraordinary cir- Franken Mikulski Whitehouse Bennet Inouye Nelson (FL) Gillibrand Murray Wyden Bingaman Isakson Pryor cumstances,’’ I have provided my con- Hagan Nelson (NE) Blumenthal Johnson (SD) Reed stitutional duty of ‘‘consent’’ for most Boxer Kerry Reid nominees. NAYS—44 Brown (MA) Kirk Rockefeller While I would not have chosen Mr. Alexander Enzi McConnell Brown (OH) Klobuchar Sanders Ayotte Graham Moran Cantwell Kohl Schumer McConnell as a nominee to the Federal Barrasso Grassley Murkowski Cardin Landrieu Shaheen bench if I were in a position to nomi- Blunt Hatch Portman Carper Lautenberg Snowe Casey Leahy Stabenow nate, I respect the President’s ability Boozman Hoeven Risch Chambliss Levin Tester Brown (MA) Hutchison Roberts to do so and therefore will vote for the Collins Lieberman Thune Burr Inhofe Rubio cloture motion on Mr. McConnell’s Conrad Manchin Udall (CO) Chambliss Isakson Sessions Coats Johanns Coons McCain Udall (NM) nomination, but will strongly oppose Shelby Cochran Johnson (WI) Durbin McCaskill Warner his nomination to the Federal bench. Snowe Collins Kirk Feinstein Menendez Webb Thune f Corker Kyl Franken Merkley Whitehouse Cornyn Lee Toomey Gillibrand Mikulski Wyden SBIR/STTR REAUTHORIZATION ACT Vitter Crapo Lugar NAYS—33 OF 2011 DeMint McCain Wicker Ayotte Enzi Moran CLOTURE MOTION NOT VOTING—3 Barrasso Grassley Paul The PRESIDING OFFICER. Under Akaka Coburn Paul Blunt Hoeven Portman the previous order, pursuant to rule Boozman Hutchison Risch The PRESIDING OFFICER. On this Burr Inhofe Roberts XXII, the Chair lays before the Senate vote, the yeas are 52, the nays are 44. Coats Johanns Rubio the pending cloture motion, which the Three-fifths of the Senators duly cho- Cochran Johnson (WI) Sessions clerk will state. sen and sworn not having voted in the Corker Kyl Shelby Cornyn Lee Toomey The bill clerk read as follows: affirmative, the motion is rejected. Crapo Lugar Vitter CLOTURE MOTION f DeMint McConnell Wicker We, the undersigned Senators, in accord- ANSWERED ‘‘PRESENT’’—1 ance with the provisions of rule XXII of the EXECUTIVE CALENDAR Hatch Standing Rules of the Senate, hereby move CLOTURE MOTION to bring to a close debate on Calendar No. 17, The PRESIDING OFFICER. By unan- NOT VOTING—2 S. 493, the SBIR and STTR Reauthorization imous consent, pursuant to rule XXII, Akaka Coburn Act of 2011. the Chair lays before the Senate the The PRESIDING OFFICER. On this Harry Reid, Mary L. Landrieu, John F. pending cloture motion, which the Kerry, Robert P. Casey, Jr., Michael F. vote, the yeas are 63, the nays are 33, Bennet, Al Franken, Jon Tester, Pat- clerk will report. with one Senator responding present. The assistant legislative clerk read rick J. Leahy, Carl Levin, Tom Harkin, Three-fifths of the Senators duly cho- as follows: Charles E. Schumer, Jack Reed, Maria sen and sworn having voted in the af- Cantwell, Kirsten E. Gillibrand, Ben- CLOTURE MOTION firmative, the motion is agreed to. jamin L. Cardin, Bill Nelson, Sheldon We, the undersigned Senators, in accord- Whitehouse, Ron Wyden. ance with the provisions of rule XXII of the f The PRESIDING OFFICER. By unan- Standing Rules of the Senate, hereby move EXECUTIVE SESSION to bring to a close debate on the nomination imous consent, the mandatory quorum of John J. McConnell, Jr., of Rhode Island, call has been waived. to be United States District Judge for the The question is, Is it the sense of the NOMINATION OF JOHN J. MCCON- District of Rhode Island. NELL, JR., TO BE U.S. DISTRICT Senate that debate on S. 493, a bill to Harry Reid, Patrick J. Leahy, John F. reauthorize and improve the SBIR and Kerry, Dianne Feinstein, Frank R. JUDGE FOR THE DISTRICT OF STTR programs, and for other pur- Lautenberg, Jack Reed, Sheldon RHODE ISLAND poses, shall be brought to a close? Whitehouse, Robert Menendez, Amy The PRESIDING OFFICER. The ma- The yeas and nays are mandatory Klobuchar, Barbara Boxer, Daniel K. jority leader is recognized. Inouye, Mark Begich, Mark R. Warner, Mr. REID. Mr. President, I wish to under the rule. Kent Conrad, John D. Rockefeller, IV, The clerk will call the roll. Richard J. Durbin, Ron Wyden. express my appreciation to my friends on the other side of the aisle for allow- The bill clerk called the roll. The PRESIDING OFFICER. By unan- ing cloture to be invoked on this nomi- Mr. DURBIN. I announce that the imous consent, the mandatory quorum nation. It is so important that we not Senator from Hawaii (Mr. AKAKA) is call is waived. necessarily absent. The question is, Is it the sense of the get into a position where we have to Mr. KYL. The following Senators are Senate that debate on the nomination file cloture on all these district court necessarily absent: the Senator from of John J. McConnell, Jr., to be U.S. judges. If there are real problems, there Oklahoma (Mr. COBURN) and the Sen- District Judge for the District of is the hearing process. That is where, ator from Kentucky (Mr. PAUL). Rhode Island, shall be brought to a when problems arise, it comes out in Further, if present and voting, the close? The yeas and nays are manda- the committee, and there is ample Senator from Kentucky (Mr. PAUL) tory under the rule. time to make a case if you don’t like would have voted ‘‘nay.’’ The clerk will call the roll. them personally for whatever reason. The PRESIDING OFFICER. Are there The assistant legislative clerk called But this is a good man. The biggest any other Senators in the Chamber de- the roll. problem he had is he is a trial lawyer— siring to vote? Mr. DURBIN. I announce that the a very fine trial lawyer. The yeas and nays resulted—yeas 52, Senator from Hawaii (Mr. AKAKA) is But I express my appreciation to nays 44, as follows: necessarily absent. those on the other side of the aisle who

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.016 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2662 CONGRESSIONAL RECORD — SENATE May 4, 2011 did the right thing. This is going to This vote, I think, to many of my I also thank my Republican col- make the atmosphere around here so colleagues, was less about an indi- leagues, those who voted for cloture. much more pleasant. I am disappointed vidual and more about whether the Maybe that will help break some of the we weren’t able to get cloture on the Senate would conduct its business in a logjams here. I think it is very mean- small business jobs bill. That was an time-honored tradition with respect to ingful to us on this side of the aisle for important piece of legislation. I District Court nominees; whether the that to happen. It should happen, of thought we had been so very fair on viewpoints not just of individual Sen- course, but the fact that it did happen this legislation in allowing amend- ators from a particular State but the maybe says something—that this is a ments, and we are going to continue al- community of that State—the business day, after what happened over in Paki- lowing amendments. There will be rare leaders, the civic leaders, the members stan, that we can come together. It is occasions, as Senator MCCONNELL said of the bar—whether their views and meaningful. when we started this new Congress, their evaluation would be weighed suc- I thank Senator MCCONNELL as well. when he will not, without a cloture cessfully. He had his strong views, but obviously vote, allow us to proceed to a bill. But I thank everyone for the opportunity we know the respect his colleagues generally speaking, we have been able to move forward on this nomination. have for him and thank him as well for to move legislation, and that is impor- Again, I appreciate and respect the understanding that there will be dif- tant. I have said the same thing about principled debate and thoughtful de- fering views within both sides of the filling the tree. I will still fill the tree, bate of those who took a different posi- aisle as well as on both sides of the but it will be a rare occasion that we tion. But I think today is not just a aisle. will do that. I think that is going to case of an individual nomination; I DEATH OF OSAMA BIN LADEN make things around here a lot better. hope it sets the standard going for- I rise to speak on a different subject Again, I say thank you very much for ward—again, a standard that we as today, and that is about what happened allowing this to go forward. This is Democrats must respect. If a person is in Pakistan and the aftermath. very important that we are able to nominated to be a District Court judge, First, of course, the killing of Osama move on and have the nomination proc- if that person passes through the close bin Laden, the evil mastermind of the ess, as relates to judges, move forward scrutiny of the bar association, of the world’s bloodiest terrorist organiza- expeditiously. There is a lot of blame FBI, of the Judiciary Committee, and tion, was a thunderous strike for jus- to go around as to what has transpired comes to the floor, that District Court tice for the thousands of my fellow in years past. We are past that. Let us New Yorkers and citizens from all over nominee deserves an up-or-down vote. move on. There are things that prob- the world who were murdered on 9/11. It That is something we all have to ex- ably we as Democrats could have done took almost a decade, but the world’s pect. It cannot be a device of conven- a little differently, and there are most-wanted terrorist finally met his ience for the moment; it has to be a things the Republicans could have done fate 4 days ago. New York’s heart is practice of this institution. I think differently as it relates to judges. But still broken from the tragedy of 9/11, today we went a long way to institu- let us start now, as we have been but at least this brings some measure tionalize that. today, with a new day. of closure and consolation to the fami- I yield the floor for my distinguished Again, I say for the fourth time, this lies and victims. is a good day for the Senate. colleague from Rhode Island. When I spoke to the families, one of The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- the things that they said galled them ator from Rhode Island is recognized. ator from Rhode Island is recognized. almost every day when they woke up Mr. WHITEHOUSE. Mr. President, I Mr. REED. Mr. President, I wish to was that their father or mother, broth- planned to present some similar thank all my colleagues, particularly er or sister, son or daughter, husband words—if my senior Senator would those who supported this motion to in- or wife was gone and bin Laden still stay just for one moment with me on voke cloture. Everyone brought to this lived. That kind of galling knowledge the floor. He spoke so eloquently that floor very vigorous arguments and very is no longer in their hearts and minds I am simply going to associate myself clear positions. because bin Laden, at least, has met I think what has been confirmed with his remarks, but I also want to his deserved fate. today is not just moving forward on add one additional point, which is how We owe a massive debt of gratitude the confirmation of one judge but re- much I appreciate his leadership and to our military. They have done an affirming a practice in the Senate that how hard he worked and the extent to amazing job. I sat in on the briefings. if the home State Senators submit a which the credibility he has built over Your jaw drops at their profes- District Court nominee who is then put years with his colleagues in this insti- sionalism, their excellence, their sac- forth by the President, and if that per- tution has helped to get us to this rifice, their courage, their dedication— son—that man or woman—receives the point. This was not preordained. unbelievable. appropriate evaluation by the bar asso- There are times here when it feels as That is also true of our civilian intel- ciation, the appropriate vetting by the if the interest groups that seek our at- ligence. The CIA, led by Leon Panetta, FBI, the appropriate scrutiny of the tention and our good wishes control should be incredibly proud. We know committee, and then the vote of the the day around here and there is not they are. It is an agency that gets too committee is to bring that District much of an institution. Today was a little of the acclaim their accomplish- Court nominee to the floor, that we day in which the institution stood up ments deserve. will move to an up-or-down vote on the for itself in all the ways Senator REED Finally, the job President Obama did merits of the individual District Court mentioned. Again, I associate myself should not be forgotten. His steely nominee. with his remarks and add my gratitude courage, his quiet courage was incred- There were extraordinary individuals and respect for him for his leadership ible. All one had to do was look at engaged in this discussion, and they through this process. some of the films from the Situation may view—in fact, I think they do The PRESIDING OFFICER. The Sen- Room and learn a little bit of the his- view—the merits quite differently than ator from New York is recognized. tory to know what an amazing feat this I. But what they had firmly in mind Mr. SCHUMER. Mr. President, I ask was for our President. He could have was not just this moment but the Sen- unanimous consent to speak as in taken the easy way out, in a certain ate as an institution going forward. I morning business and that my time be sense. He didn’t. The easy way out particularly wish to commend Senator counted against cloture. probably would have been an air bom- ALEXANDER, Senator GRAHAM, Senator The PRESIDING OFFICER. Without bardment, but we never would have COLLINS, Senator BROWN of Massachu- objection, it is so ordered. known certainly that bin Laden is setts, Senator MURKOWSKI, Senator Mr. SCHUMER. Mr. President, I wish gone, and there might have been—prob- MCCAIN, Senator SNOWE, Senator to add my kudos to Senator REED and ably would have been many unneces- THUNE, Senator SAXBY CHAMBLISS, Sen- Senator WHITEHOUSE from Rhode Is- sary civilian casualties. The President ator JOHNNY ISAKSON, and SENATOR land for their persistence and their suc- chose the right path. KIRK, as well as all my other colleagues cess today in getting a fine person to I want to say something about this who joined. the bench. President. He is not a chest thumper.

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Mr. President, I One such step occurred on October 26, lack of courage or a lack of strength. would like to take a few minutes to ac- 2001, when President Bush signed into This incident showed the true strength knowledge the steady efforts of our law the PATRIOT Act. It provided the of the man. His speech Sunday night— Armed Forces and our intelligence law enforcement and the intelligence modest but forceful, proud but under- community to eliminate the leader of community greater authority to track stated—was President Obama. There al-Qaida and to help bring some peace and intercept communications among has been a lot of talk of lack of deter- and relief to our Nation and to those suspected terrorists. This law has prov- mination or taking a side or focus. I who lost loved ones in the tragedy on en to be immeasurably valuable to the think the people who do that mistake 9/11. intelligence community. It has en- the President’s steel—often low key, I have heard some people say justice hanced our ability to find and capture often fact-based, often without chest has been done because the leader of terrorists. I hope we will be able to thumping or big slogans—for a lack of this terrorist organization has finally reach a bipartisan agreement to extend strength. They are so wrong. The ac- been killed. I am not one who is going the provisions of the PATRIOT Act tions show it. I think every American, to say justice has been done. I do not that are set to expire at the end of this regardless of political party, regardless consider taking out the leader of a ter- month. of political attitude and conviction and rorist organization who killed thou- As we have seen from various media ideology, should be proud of our mili- sands of Americans who just went to reports—and I look forward to getting tary and of our country but also of our work one day to do their jobs, to add to more details—the ability to monitor President. their quality of life and the lives of communications was a crucial lead I want to say one more thing about their families, an even trade. I do not used by analysts to determine the this. I read today’s newspapers, and consider it is enough. However, it is a eventual location of Osama bin Laden. there was a great deal of talk about first step to righting the wrong that As my colleagues are aware, the provi- how some of the facts that were re- was done by not only the leader of al- sions that are set to expire include the ported in the early moments after this Qaida but all of those he trained authorization for the FBI to use roving great victory were not exactly correct. through the years to give up their own wiretaps on surveillance targets be- There is certainly reason to correct lives in order to kill innocent people. cause at the time we took up the PA- facts, and they certainly are news, but He ruined the lives of so many Ameri- TRIOT Act, we were still having to get they should not displace the impor- cans, and he also ruined the lives of so permission from authorities to wiretap tance of what happened. For critics to many young Muslim followers who a telephone number—not keeping up dwell on the early discrepancies and gave up a productive life for one of ter- with the technology advances that over-exaggerate their importance rorism and murder. allow you to have a cell phone and would be an injustice to the magnitude I thank President George W. Bush for never have a landline and throw away of what really happened. It is only 2 his relentless efforts to put this accom- a cell phone every 15 minutes if you days after we learned early Monday plishment in motion. He is the Presi- think you are in danger of being under morning of what happened, and all of a dent who received the shock on 9/11, surveillance. sudden, it seems, oh, they messed up who had to deal with the immediate It also has a ‘‘lone wolf’’ provision this or they didn’t do that right or this aftermath, and he put in place the or- that allows for the investigation of in- and that. There were discrepancies and ganizations, the military control, and dividuals who are acting alone but who they should be made public, but to the intelligence gathering that have have been radicalized and are sympa- dwell on them, to listen to the morning brought us to this point today. thetic to terrorist organizations and news shows or to look at the headlines I commend President Obama for car- pose a significant national security blaring, may have us miss the main rying these principles through to com- threat. point, which is that a superb, profes- pletion. As things are unfolding more These are just two of the provisions sional, well-practiced, and almost flaw- and more we know President Obama that have enhanced our capabilities to less military mission and civilian ac- made a very tough and very decisive obtain information that has been cru- companiment got rid of the greatest and correct decision. I think both cial in capturing not only terrorists we terrorist in the world. President Bush and President Obama know have already plotted against us Let’s keep our priorities straight. deserve praise today. but also to uncover their plots before Let’s acknowledge, let’s find the facts I also especially say I am proud of they are able to do harm. and watch as they come out, let’s make the Navy SEALs who knowingly went We must not allow the provisions of sure some of the early comments that into harm’s way to take down Osama the PATRIOT Act to expire, especially were not right are corrected, but let’s bin Laden. Those are the troops who at a time when al-Qaida is reeling from not let that in any way detract from probably thought there was a chance the death of their leader and could be the greatness and magnitude of what they might not come back home, but plotting revenge. Stepping back our in- happened. Our focus should be on the they are among the most highly telligence efforts now could allow al- successful mission and on the message trained forces in the world. They oper- Qaida to regroup and launch additional it sends to the world, which is, to those ate in sea, air, and on land. Each and attacks against our Nation. who would test the resolve of the peo- every day they volunteer for some of Another very important step was ple of the United States of America: Do the most dangerous missions under the taken when President George W. Bush not doubt our resolve. If you do us most difficult circumstances, and with- signed the Intelligence Reform and harm, we will find you, we will mete out recognition. Normally, it is some- Terrorism Prevention Act in December out justice, and we will prevail. That is thing we never hear about that takes 2004. This act created the National where our focus should be and should us one step closer to wiping out the Counterterrorism Center. This center stay. terrorism we know in the world today. is the primary organization in the U.S. I yield the floor and suggest the ab- They are truly our Nation’s heroes. Government for integrating, analyzing, sence of a quorum. While much praise, deservedly, goes and sharing all intelligence from the The PRESIDING OFFICER. The to the two dozen Navy SEALs who CIA, FBI, Department of Defense, and clerk will call the roll. raided the terrorist stronghold using others which pertains to counterterror- The assistant legislative clerk pro- surprise and lethal speed, we should ism. This is a very important tool for ceeded to call the roll. not think that they went there alone compiling the various information that Mrs. HUTCHISON. Mr. President, I because they did not. Shortly after the was being gathered by many of the in- ask unanimous consent that the order world saw the brutality of Osama bin telligence organizations and putting it for the quorum call be rescinded. Laden’s savage plan unfold on Amer- through one grid and analysis. It was

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While things are getting bet- selected and highly trained for this makes America great: our freedom and ter, it is clear they have not gotten exact type of mission. They have our way of life. better enough. We have now created 1.8 gained fame in the last few decades I look forward to a day when we will million new jobs since we began adding through books and movies. But these not have to walk through a body scan private sector jobs. So we still have a heroes are real. or put our shoes on an x-ray machine shortfall of about 7 million jobs that I wish to point out that the com- to get on an airplane. I look forward to need to be created in order to get back mander of these elite warriors, VADM a day when we will not have to fight to where we were in November of 2007. William McRaven, is a proud Texan against an enemy who is living among Of course, there have been a lot of new from San Antonio, who is also an alum- us, an enemy who is plotting against us people who came into the job market ni of the University of Texas. Admiral in our own country, an enemy who is since then, so we need to create more McRaven is a highly decorated Navy willing to kill itself in order to kill in- jobs than that. SEAL who lives by the SEAL code and nocent people and destroy our way of We are encountering some strong ‘‘earns his trident every day.’’ Vice Ad- life. I look forward to a day when we headwinds in our effort to dig out of miral McRaven has been nominated by never see a casket at Dover, DE—one of the recession. The strongest headwind the President to receive his fourth star our military elite coming home having is the high price of oil and gas, which and, if confirmed, will lead U.S. Special made the ultimate sacrifice. is a tax on consumers, a tax on our Operations Command. I can think of no That day will only come if we as a businesses, and it comes at a very bad one better qualified to lead our special nation remain willing to fight to pro- time. We are all looking for ways to operations than he is. I look forward to tect the ideals of America—the founda- try to deal with that. Frankly, it is dif- supporting his confirmation on the tion that was laid by our Founding Fa- ficult to legislate a solution. Senate floor. thers and has been protected by every Another headwind is one of our own While these highly skilled com- generation since that time. Today is a creation; that is, the constant drum- mandos deserve every accolade that is day we reflect on those principles. It is beat we hear to cut spending at all lev- bestowed upon them, we cannot forget a day we renew our commitment to up- els of government—cut it in Wash- those who guided them to the target: hold them at all costs. ington, cut it at the State level, cut it the direct and indirect support per- I yield the floor. at the local level. My own strong view sonnel, the technicians, the analysts, The PRESIDING OFFICER. The Sen- is we should heed Professor Blinder’s the pilots and crews, and all those who ator from New Mexico is recognized. advice. We need to continue to work to have worked meticulously and atten- Mr. BINGAMAN. Mr. President, I ask keep investing in those things that will tively for years to finally put together unanimous consent that I be allowed to help us create good-paying jobs. Tim- all the pieces to get the SEALs to the speak for up to 10 minutes as in morning is important. We clearly need to re- right place at the right time. ing business. duce the deficit, but we should adopt We have seen many changes in the The PRESIDING OFFICER. Without policies this year that will put us on a past 10 years. Departments and agen- objection, it is so ordered. long-term path to reduce the deficit. I cies have been consolidated or created, THE ECONOMY hope these policies will delay major military commanders have retired, and Mr. BINGAMAN. Mr. President, the cuts in spending and major increases in administrations have changed hands. country faces two large economic chal- taxes, until we can come out of this re- Most of the soldiers who conducted lenges. The first is growing our econ- cession some additional distance. that first raid in Afghanistan in Octo- omy, creating jobs, getting the econ- Let me talk about the deficits, the ber of 2001 are no longer wearing uni- omy back on track. The second major second challenge I talked about before. forms, just as most of those in the challenge is cutting the deficit. I wish We have a chart called ‘‘Federal Reve- military today were still in school in to briefly talk about both of those. nues and Outlays as a Percentage of September of 2001. Many of those I have four charts—one that relates Gross Domestic Product.’’ This is for a signed up to go into the military after to jobs and growing the economy and 40-year period, from 1970 to 2010. It is a 9/11 because they felt so much loyalty three that deal more specifically with chart the Congressional Budget Office to our country. the deficit. prepared and presented to us. I wish to acknowledge those who de- Unfortunately, in Washington, the Clearly, there are some important voted so many years to pursuing debate has shifted almost entirely to a points you can take away from this Osama bin Laden. To those who have discussion of the deficit. Too many chart. No. 1, on average, over the last retired or moved on to other profes- people in Washington are pretending 40 years, the Federal Government has sions, I want you to know we appre- our efforts to generate growth in the accounted for 20.7 percent of gross do- ciate you and your work was not in economy have been accomplished, that mestic product—spending by the Fed- vain. it is a done deal, that we have recov- eral Government—on average. Over Our leaders said from the beginning, ered from the recession, and we can that same period, on average, we have after September 11—that fateful day— now focus full time on how to cut the raised 18.1 percent of GDP in the form that we would get Osama bin Laden. deficit. of revenues. So, on average, we have Through the efforts of thousands, we The fact is, this is simply not true. been running a deficit of about 3 per- did. We have the most professional, the Professor Alan Blinder, an economist cent of GDP each year during this 40- best trained, the best equipped mili- at Princeton and former Deputy Chair year period. Today, that 3 percent of tary and intelligence agencies in the of the Federal Reserve, testified before GDP is about $450 billion. world. the Senate Finance Committee a cou- The one time during this 40 years While there are sighs of relief now ple weeks ago. He made the following when we achieved a balanced budget— from the public, our work is clearly not statement: and even ran a surplus for a 4-year pe- done. Al-Qaida is still plotting against The economic recovery is mediocre at best riod—was at the end of the 1990s and in our freedom. Other groups are just as and unemployment remains high. To me, the year 2000. How did we manage to do zealously dedicated to the mission of those conditions describe a bad time to put that? Well, beginning in 1990, the Con- destroying our way of life. So while the economy on a diet of either spending gress passed, and President George taking down the head of al-Qaida was a cuts or tax increases. H.W. Bush signed, a bill that both re- victory, it is also a stark reminder that Let me point to the first chart to un- strained spending and raised taxes. we must remain vigilant. derscore the point professor Blinder Again, in 1993 and again in 1997, Con- As we speak right now, our intel- made. The recession we have just gone gress passed and, in that case, Presi- ligence experts are employing, ana- through created a very deep hole. If dent Clinton signed, budget plans that

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This is a chart which is la- ask unanimous consent that the order balanced budget and a surplus. beled ‘‘Why CBO’s debt projections for the quorum call be rescinded. What went wrong that caused us to, changed between 2001 and 2011,’’ the The PRESIDING OFFICER (Mrs. once again, fall into deficit? I will cite specific policies and drivers. I know HAGAN). Without objection, it is so or- three factors: this is very difficult for anyone to see dered. Mr. FRANKEN. Madam President, I First, the tax cuts Congress enacted on a television. Let me make the main ask unanimous consent to speak as in in the last decade. Beginning in 2001 points. and then again in 2003, Congress passed The main points are that the changes morning business. The PRESIDING OFFICER. Without what have come to be known as the caused by the legislation make up the objection, it is so ordered. Bush tax cuts. These fairly drastically large segments at the top of the chart, NET NEUTRALITY reduced the revenue coming to the Fed- including interest charges. They Mr. FRANKEN. Madam President, I eral Government. At the same time we caused 65 percent of the deficits when rise today to talk about the effort of were cutting taxes, we ramped up Fed- we look at these policy changes. The the House last month to repeal the eral spending, primarily for defense, remaining 35 percent of deficits are due Federal Communications Commission’s and that is a result of the Afghanistan mainly to the economic and technical net neutrality rules. Net neutrality is war and the Iraq war. The estimate adjustments to CBO’s projections pri- the very simple idea that all content there is that something like $1.3 tril- marily to reflect the lower revenue we and applications on the Internet should lion has gone into those efforts. In ad- have enjoyed because of the recessions. be treated the same regardless of who dition to defense, we ramped up spend- How do we dig out of the hole we are owns the content or the Web site. This ing on health care primarily by includ- in? I say simple obvious things. No. 1, is not a radical concept, in large part ing a prescription drug benefit in Medi- we need to keep the focus on growing because it is what we see and experi- the economy. As Professor Blinder care. All of that increased spending oc- ence every time we use the Internet. said, do not put the economy on a diet. curred without any increase in reve- But the House wants to change all of This is not the right time to do that. nues to pay for it. I repeat that none of that and effectively turn control of the Second, we need to agree, as we did this spending was offset with increased Internet over to a handful of very pow- in 1990 and 1993 and 1997, to a balanced revenues. erful corporations. The third factor, of course, that has package of spending cuts and tax in- I want to take a few moments today brought us into the very serious deficit creases that will, once again, put us on to tell you why I think the House’s we now face is the slowdown of eco- a path to a balanced budget. We have vote was a mistake, and why I am nomic activity. This contributed sub- some serious proposals to work from in going to do everything in my power to stantially to increased expenses for the achieving this deficit reduction plan. make sure we don’t make the same government and some of the entitle- Of course, the President’s deficit reduc- mistake in the Senate. But before I get ment programs—Medicaid, food tion commission, the Simpson-Bowles into those details, I think it is impor- stamps, and a variety of them—but commission, and Senator Domenici and tant to take a step back and talk about also the decreased revenues. When peo- Alice Rivlin, the former head of the the Internet we have today. ple are earning less money, they pay Congressional Budget Office, put out a Let’s be clear. The Internet we have less in taxes and less revenue comes to bipartisan commission report which is exists because it is free and open, be- the government to pay for those serv- very constructive. The President him- cause we have always had net neu- ices that the government is providing. self has given the framework for a trality throughout the entire existence The deficit, of course, has worsened plan. There is a bipartisan group of of the Internet. I have to give credit to substantially in the last 2 years be- Senators, the Gang of 6, who are work- my opponents on this issue who have cause of, first, reduced Federal taxes ing to come up with a proposal. And, of done a masterful job of manipulating being collected, largely a result of the course, Senator CONRAD, who chairs the American public into believing recession; second, increased Federal the Budget Committee, is putting to- that net neutrality is something that spending—both because there is more gether a proposed budget plan for that it is not. demand for government services as a committee’s consideration. Net neutrality is not about a govern- result of the recession and also because All of these plans I have mentioned ment takeover of the Internet. It is we passed the Recovery Act to stimu- follow the model used in the 1990s of simply the idea that all content, late the economy. I think most econo- combining both spending cuts and rev- whether it is a Web page, an e-mail, or mists would conclude it has helped enue increases. The only proposal that a movie we are downloading can load stimulate the economy. does not follow this model of a bal- onto our computers at home at the The Pew fiscal analysis initiative anced package of spending cuts and tax same speed, regardless of who owns or analyzed the policies and legislation increases is the budget that was passed controls that content. that have caused the surpluses of the by the House Republicans 2 weeks ago. This is not a radical idea. It is what late 1990s to become the deficits we see Rather than raising revenue while cut- we experience today when we use the today. They produced a list showing ting spending, it would cut revenue Internet. Right now, if we buy their conclusions. That list is on this while cutting spending. In my view, Rihanna’s latest song from iTunes, it chart. We can see these are in the order this cannot lead us to a lower deficit. downloads as quickly as a song from a of importance, the order in which they There is a lot of political polariza- friend who started a band in his or her contributed to the current deficit situ- tion in Washington. I remain hopeful garage. ation. that we can get a critical mass of If you send an e-mail to your mother, The top two drivers on this list are right-thinking people to do what is re- it arrives in her inbox just as quickly the 2001 and 2003 tax cuts—they ac- sponsible, to come together on a bal- as the e-mail she gets from President count for about 13 percent of what we anced package of spending cuts and Obama. If you start a Web site for your face today in deficits—and the Iraq and revenue increases that we can commit small business, your customers are Afghanistan wars, which account for to going forward. We should be able to able to access your Web site and place about 10 percent of what we face. agree on policies that grow the econ- orders for your products just as quick- All told, tax cuts caused 21 percent of omy and shrink the long-term deficit. ly as if they were buying from a multi- deficits since 2001; increased defense I pledge my best efforts to achieve national corporation. spending caused 15 percent of deficits. these objectives. I urge my colleagues I like to talk about YouTube’s early Two-thirds of that was due to Iraq and to work to do so as well. days as a startup because it is such a

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.023 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2666 CONGRESSIONAL RECORD — SENATE May 4, 2011 powerful example of why net neutrality operated with an understanding that ACLU to advocate for the same policy is so critical and how this simple con- network providers must treat all con- of nondiscrimination on the Internet. cept helped create a billion-dollar com- tent the same and must interconnect But they all agree on net neutrality. pany practically overnight. YouTube’s the pipes they have to customers’ And so do the Catholic bishops. early headquarters were situated in a homes with the pipes that are owned Later today, I will receive 87,000 let- tiny space above a pizzeria and Japa- by other operators. This was a funda- ters opposing the House’s effort to nese restaurant in San Francisco, CA. mental design principle that was estab- undo the FCC’s open Internet rules. But just 6 months after the site was ac- lished by academics, engineers, and These letters came from Americans tivated, over 100 million people were computer scientists who designed the across the United States, including using YouTube to watch videos every earliest protocols for Internet traffic. 2,000 letters from Minnesotans who are day. Less than 2 years after it started, The fact is, the Internet started and worried about this issue. They want YouTube sold their business to Google grew because everyone realized they the Internet to stay the way it is—open for $1.6 billion. Isn’t that incredible? needed to cooperate and work together and free from corporate control. Well, I am here to tell you it would for customers to be able to have access I am confident as more Americans re- not have been possible without net to the content they wanted. They real- alize what is at stake, we will hear neutrality. At that time, Google had a ized that is what consumers needed to from more and more constituents who competing product, Google Video, create demand for Internet service, and will ask us to protect them from cor- which was the standard at the time but they realized that is what would lead porate takeover of the Internet. was widely seen as inferior. If Google to the most innovation on the Internet. What is most striking about this had been able to pay Comcast or The FCC isn’t trying to change that. issue, which seems to have gotten lost Verizon or any of the others large It has no interest in derailing free en- in the rhetoric that my opponents use, amounts of money to make its Web site terprise. Quite the contrary. The FCC is that experts from Bank of America, faster than YouTube’s, YouTube would is interested in protecting the Merrill Lynch, Goldman Sachs, still be floundering over that pizzeria innovators and entrepreneurs who have Citibank, Wells Fargo, and Raymond or most likely it would have ceased to made the Internet what it is today. Be- James have all stated they do not be- exist at all. Fortunately, Google cause of the Internet, you no longer lieve the FCC’s current rules will hurt couldn’t pay for priority access, and need a major studio to like your film investment. Citibank has called the the rest is history. or a television show you produce in rule ‘‘balanced’’ and Goldman Sachs What I am saying is, we take, and order to have people see it. You no said it is ‘‘a framework with a lot of have taken, this equality that longer need a major record deal to wiggle room’’ that is a ‘‘light touch’’ YouTube enjoyed—this basic fairness start distributing your music. You no by the FCC. Despite this broad and di- or neutrality—for granted in large part longer need a high school diploma or a verse coalition of businesses and inter- because that is how the Internet has fancy degree to launch a small business est groups, we are still arguing about always been. Unfortunately, many and sell your products online. We don’t something that should have been set- Members of the House have twisted want to change that. We want to pre- tled long ago. this concept and are misleading the serve that. Why is that? A lot has changed in the American public into believing that The FCC’s only goal is to make sure last couple of years. Control of the the government wants to take over the the Internet we know and love does not Internet has been placed in the hands Internet. That is simply not true. become corrupted and altered by a of a small number of players. Media One Member of the House actually small number of large corporations consolidation has raised the stakes for got up on the House floor and said this: controlling the last free and open dis- certain mega conglomerates which Over the last 10 years, over $500 billion— tribution channel we have in this coun- have a lot more to gain in a world billion with a ‘‘b’’—of private investment has try. without net neutrality. I was last year been made to develop broadband throughout As telecom companies have grown on the Senate floor talking about net the country. This is without any kind of tax- larger and fewer and started owning neutrality back in December when the payer money. not just the pipes but also the content, NBC-Comcast merger had not yet been He is wrong on that point, but let’s their incentives have changed. They approved by the FCC or the Depart- put that aside for now. He went on to are starting to care more about giving ment of Justice. At the time, I warned say: their own content a competitive advan- this would be the first in a cascade of This is private sector money being put into tage rather than promoting innovation media consolidation deals. Wouldn’t the marketplace to go and create jobs, to go and competition on the Internet. you know it, 2 months later, AT&T an- and create the kinds of technologies that The fight for net neutrality isn’t nounced another record-breaking $39 allow you to view and use all kinds of apps about changing the Internet, it is billion deal with T-Mobile. that are available on these kinds of devices. about creating a few rules of the road That merger, which Wall Street ap- That was done without net neutrality. They would tell you that they need net neutrality to keep it open and free, to keep it the plauded, is almost assuredly going to in order to have this innovation. Of course, same, and to continue the innovation be a raw deal for consumers. If ap- they fail to point out that net neutrality was and growth that is such a creator of proved, we will have a duopoly in wire- not in place when all this innovation hap- jobs and wealth. less telecommunications in this coun- pened. The fight for net neutrality is about try. Eighty percent of the wireless Yes, it was; it was in place. That is making sure large corporations are not space will be controlled by two compa- the whole point. All of this innovation allowed to put tollbooths on the infor- nies—AT&T and Verizon. occurred while net neutrality was in mation superhighway. This fight is I look forward to the hearing next place. We are not trying to change any- about making sure that the Internet week in the Antitrust Subcommittee of thing. We are keeping the Internet the stays the way it is—free, open, equal, the Judiciary Committee so we can fur- way it has been during this explosion available to everyone regardless of how ther explore the details of this deal. in innovation. much they can pay to get their con- But I think it is fair to say I am very Now, my fervent hope is that this tent. skeptical because it is likely to raise Member of Congress was just horribly, There was a time not so long ago prices and it certainly will reduce egregiously misinformed because not when net neutrality was a bipartisan choice for consumers. I have always only is his statement untrue, it is the issue that was not incredibly con- been skeptical of media consolidation opposite of true. It is 180 degrees oppo- troversial. Three years ago, Mike because at the end of the day, when site of the truth. Huckabee was talking about the need corporations have tremendous amounts Please, everyone understand this, I to keep the Internet a level playing of power to control prices and cripple beg you. Net neutrality has been in field. In 2006, 11 House Republicans competitors to benefit their bottom place since the beginning of the Inter- voted in favor of net neutrality on the line, everyone loses. net. floor. Rarely do you have the Gun Own- But the impact of media consolida- From the very beginning, during all ers of America and the Christian Coali- tion in telecommunications is about of that explosive growth, the Internet tion joining with moveon.org and the more than just consumer prices. We

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.038 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2667 have always known that large corpora- To claim that the FCC engaged in a and the wealthy even as it slashes in- tions have the power to influence elec- power grab is unfair and far from the vestments that undergird the middle tions. Last year, the Supreme Court’s truth. class in this country—everything from decision in Citizens United took a situ- The White House has said the Presi- education funding to Medicare and ation that was already terrible and dent will veto this resolution, but I Medicaid. Let me state the obvious: If made it worse—much worse. Now will be working hard in the coming working people in the middle class are AT&T, Verizon, Time Warner, and months to make sure that we have going to take a hit in tough times, it Comcast can spend unlimited amounts enough votes to stop this before it shouldn’t be to take a hit to pay for of money to support the candidate or reaches the President’s desk. tax breaks for millionaires and billion- campaign they care most about or try We are at a pivotal moment. If we do aires. to weaken or kill net neutrality. It not act to preserve the FCC’s open Let’s look at some of the particulars does not take a rocket scientist to re- Internet rules, the Internet as we know in this so-called deficit reduction plan alize that when a single corporation— it today may cease to exist. I hope my of the House Republicans. For starters, in this case AT&T—spends $15.3 million colleagues will recognize this and will never before have I heard of a deficit in a single year to influence Congress join with me in voting down the reduction plan that begins by demand- and has 93 full-time lobbyists on its House’s resolution of disapproval. ing trillions of dollars in new tax cuts, roster, Congress might churn out legis- Madam President, I yield the floor largely for corporations and the lation that AT&T likes. and suggest the absence of a quorum. wealthy. In addition to allowing the How can American consumers, stuck The PRESIDING OFFICER. The very wealthy to keep all of the benefits with rising cable, Internet, and cell clerk will call the roll. of the Bush-era tax cuts and to keep phone bills, ever be expected to counter The bill clerk proceeded to call the them permanently, the Republican that type of lobbying power? roll. budget would cut the top tax rate from With media consolidation, we have Mr. HARKIN. Madam President, I 35 percent down to 25 percent. Let’s seen a shift in the net neutrality talk- ask unanimous consent that the order again state the obvious: This doesn’t ing points of Members of Congress who for the quorum call be rescinded. reduce the deficit; it digs the deficit are also receiving large checks from The PRESIDING OFFICER. Without hole much deeper. Verizon, AT&T, and Comcast. Yet the objection, it is so ordered. Next, the Republican budget disman- irony here is that the open Internet THE BUDGET tles Medicare and Medicaid and lays rules passed by the FCC earlier this Mr. HARKIN. Madam President, ev- the groundwork for deep cuts to Social year are actually pretty weak and rid- eryone in this body agrees that we Security—changes that will devastate dled with loopholes. Actually, I think must take aggressive action to reduce the economic security of the middle that is the ‘‘wiggle room’’ to which the deficit, but we have to do it right. class in this country. Goldman Sachs was referring. Frankly, the best way to bring down The Republican budget says we can- These rules are, let’s be honest, a me- the deficit is to help 15 million unem- not cut one additional dime from the diocre compromise drafted to appease a ployed Americans get good middle- Pentagon budget because I guess to handful of powerful Internet service class jobs again. Those hard-working them there is no waste in the Pen- providers. Americans would be delighted to be on tagon, there are no unnecessary weap- I was not happy with these rules and the tax rolls and to be taxpayers once on systems, no troops based in Japan thought the FCC should have done again. But, regrettably, the tea party or Europe or elsewhere who could be more, particularly to cover wireless budget passed by the House Repub- brought home. Meanwhile, this tea Internet networks. But it did not. It licans last month takes us in the oppo- party Republican budget slashes Fed- did not in part because the Commission site direction—it would weaken our eral investments in everything from wanted companies such as AT&T to get economy and destroy jobs. education to infrastructure to law en- on board with its plan, and AT&T did— I have spoken previously on the Sen- forcement back to the levels of the more or less. AT&T did not think the ate floor about the grave flaws in the 1920s. Again, let me repeat that. It rules were ideal, but it acknowledged Republican budget. But beyond the slashes Federal investments in every- the framework is a compromise that misguided priorities in that budget, I thing from education to infrastructure gives its investors certainty. object to its premise. The premise of to law enforcement back to the levels That has not changed how the House the tea party Republican budget com- of the 1920s. is framing its rhetoric about this rule, ing over from the House is that Amer- It also repeals Wall Street reform which is one of the reasons I think the ica is poor and broke and we can no that we passed here, as well as the con- vote last month was a political stunt longer afford the investments that sumer protections in the affordable designed to misinform Americans and make possible a strong middle-class care act, including the ban on denying appease a small number of very vocal and world-class economy. Indeed, some coverage for preexisting conditions. critics. This is not what most Ameri- House Republicans take the radical What has that got to do with the def- cans, entrepreneurs, or small busi- view that government has no business icit? nesses want. They and I want a world investing in the middle class, period. I Their budget cuts funding for food where the future Twitters, eBays, and emphatically reject the defeatist safety, workplace safety, environ- Amazons of the world can grow and premise of this Republican budget. The mental protection, and guts the com- thrive without interference from big, United States of America is a wealthy monsense regulation of corporate mega conglomerates. Nation—the wealthiest Nation in world America. It tells Wall Street bankers Finally, regardless of how one feels history. The problem is how that and speculators, health insurance com- about the FCC’s rules, I think we can wealth has been shared or not shared panies, credit card companies, and all agree this issue requires thoughtful among the American people, with in- mortgage lenders: You are free to go debate and discussion, not the kind of come inequality that is the highest back to the reckless abusive practices uninformed rhetoric I quoted earlier among developed countries. Let me re- of the past. We will just trust you to do from the House debate. By forcing an peat that. Right now, income inequal- what is right for the American people. up-or-down vote through the Congres- ity in America is the highest among To appreciate just how extreme and sional Review Act, the House leader- developed countries. So the problem is ideological this budget is, look more ship short circuited the normal legisla- how our wealth has been invested or closely at the blueprint for replacing tive process and ignored the FCC’s misinvested, with trillions of dollars Medicare with a voucher system. The work on this issue. squandered by money manipulators on nonpartisan Congressional Budget Of- The FCC spent months examining Wall Street or funneled to those at the fice estimates that by 2030, future sen- this topic and meeting with tons of top through tax cuts. iors would have to pay two-thirds of stakeholders and Internet companies. Unfortunately, the tea party budget, the cost of their private health insur- It carefully considered and com- authored by Congressman RYAN, would ance. Their out-of-pocket costs would promised on a range of issues that I, make these problems far worse. It lav- average in excess of $12,000 per person, frankly, wish they had not budged on. ishes yet more tax cuts on corporations per year—more than double the current

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.039 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2668 CONGRESSIONAL RECORD — SENATE May 4, 2011 cost to seniors. Yet this would pay for our current challenges without sacri- est level as a percentage of the econ- private plans that would provide only ficing our great middle class and with- omy in 60 years. half of current Medicare coverage. How out abandoning our seniors or people Let me repeat that—their lowest many seniors can afford to pay $12,000 with disabilities and the less fortunate level in 60 years. annually out of pocket for health in- among us. Of legislation passed since 2001, when surance that only gives them half the There is one important point of George W. Bush became President, coverage they have right now for Medi- agreement on both sides of the aisle about half of the negative impact on care? And good luck finding affordable here in the Senate: We agree the cur- deficits came from reductions in rev- coverage if you are a 70-year-old with a rent budget deficits are unacceptable. enue and nearly a quarter came from preexisting condition, such as heart We must bring these deficits under con- increases in defense spending. One-half disease. Good luck fighting endless bat- trol. came from reductions in revenue. tles with your private health insurance However, deficits are by no means I am talking now about what are the company over that one. our only urgent economic challenge. sources. What are the sources of the Madam President, does this tea party An even greater challenge—a greater deficit hole we are in? In 2001, we had Republican budget reflect our values challenge—is our fragile economy and huge surpluses. CBO said if we main- and priorities as Americans? Is this the the jobs crisis. Addressing this success- tained the same budget policies that by kind of country we want to live in, the fully will help reduce the deficit. Now, 2010 we would have paid off the entire kind of country we want to pass on to the unofficial unemployment rate is 8.8 national debt. 10 years later, in 2011, we our children? Of course not. Americans percent, but the real unemployment have a $1.4 trillion deficit. What hap- don’t want or expect a handout, but rate, including people who are under- pened? What decisions were made in they rightfully expect a government employed or who have dropped out of those 10 years that put us in that hole? that lends a helping hand, not one that the job market in frustration and are As I said, the article by Lori Mont- stands in their way and not one that no longer working, is a staggering 16 gomery in the Washington Post clearly destroys the essence of the middle percent. points out, and the CBO clearly points class. The American people want a gov- Meanwhile, our middle class is under out, that half of the hole we are in ernment that helps them to achieve re- siege. Our middle class is being dis- came from reductions in revenue, one- mantled as fast as big corporations can tirement security, a government that quarter came from increases in defense shift our manufacturing jobs overseas. makes sure that when we put money spending, and one-quarter from every- People are losing their savings, their away for retirement, it is going to be thing else. health care, their pensions, and in there when we retire. The American As the CBO analysis makes clear, we many cases losing even their homes. people want to maintain strong invest- do not just have a spending problem, With good reason, the American people ments in education and infrastructure. we have a revenue problem. The main To reduce deficits, the American peo- feel they are losing the American source of our current deficit problem is dream for themselves and for their ple want shared sacrifice, including an not the modest increase in domestic children. increase in revenues from those who spending beyond the one-time spending That is why we cannot look at the in the Recovery Act—which is rapidly can most afford it. They want an end deficit reduction challenge in isolation. coming to an end. The principal source to taxpayer subsidies to oil and gas We cannot just take a slash-and-burn of our deficits is the deep tax cuts and companies, and they want to cut Pen- approach to the budget. Smart coun- the surging Pentagon budget, 75 per- tagon spending. Yet the Republican tries do not just turn a chainsaw on cent of our current problems. budget does exactly the opposite in themselves. Instead of this tea party Yet now the tea party Republican every single respect. Republican budget, which is being sold Make no mistake, this tea party Re- budget calls for trillions of dollars and through fear and fatalism, we need a yet more new tax cuts, largely for publican budget puts us on a course of budget that reflects the hopes and aspi- those at the top. It refuses to cut Pen- disinvestment, drift, and decline. This rations of the American people. We tagon spending in any significant way. budget wreaks of pessimism and gloom need a budget that brings deficits It places almost the entire burden of and doom. As I said, its defeatist under control in a way that allows us deficit reduction on programs that sup- premise is that the United States is to continue investments that boost port the middle class, seniors, people poor and broke and we can no longer competitiveness, create jobs, and with disabilities, and those of low in- afford a strong and secure middle class, strengthen the middle class. we can no longer afford to prepare our I would add this: We need a deficit re- come. young or care for our elderly. Yet, duction plan that actually attacks the Americans are rightly asking some bizarrely, the Republicans insist that sources of our current deficits. What commonsense questions. If a principal we can afford—we can absolutely af- are those sources? Well, a remarkable source of our deficit problem has been ford—another enormous tax cut for article from the front page of Sun- deep tax cuts largely benefitting those millionaires and billionaires. day’s—May 1—Washington Post by at the top, shouldn’t a big part of our I totally reject their premise. I reject Lori Montgomery documented clearly deficit reduction plan include allowing this defeatist Ryan budget—the how the huge budget surpluses of the those unaffordable tax cuts to expire? premise that America is poor and Clinton years were turned into the $1 If ongoing domestic spending increases broke. trillion budget deficit President George are only a minor source of our deficit Here is the truth: The United States W. Bush passed on to President Obama. problem, why does this Republican is recovering from the largest eco- The article states: budget take a slash-and-burn approach nomic downturn since the Great De- Voices of caution were swept aside. Polit- to these programs which are so impor- pression and from the damage caused ical leaders chose to cut taxes, jack up tant to the middle class and to working by very unwise budget decisions made spending, and, for the first time in U.S. his- Americans? The answer, of course, is over the last decade, and we are grow- tory, wage two wars solely with borrowed the tea party Republican budget is not ing wealthier by the day. Our entrepre- funds. principally a deficit reduction plan. It neurial economy, our technology, our The article cites a new analysis by is an ideological manifesto that encom- universities and the arts are the envy the nonpartisan Congressional Budget passes the entire party wish list, every- of the world. Americans are still the Office which determined that ‘‘routine thing from more tax breaks for the rich best educated and most productive peo- increases in defense and domestic to dismantling Medicare and Medicaid. ple on Earth. spending account for only about 15 per- I have a simple test for judging any Most importantly, Americans con- cent of the financial deterioration. The budget plan. What does that plan do to tinue to be an optimistic, can-do peo- biggest culprit, by far, has been an ero- give hope and opportunity to middle- ple. We have faced national trauma, in- sion of tax revenue, triggered largely class Americans who have been hardest cluding depressions and wars and na- by two recessions and multiple rounds hit by the economic downturn? tional disasters, many times before, of tax cuts.’’ To speak in terms specific to my and we have always rebounded stronger The article also notes that Federal State of Iowa, what did it do for Web- and better than ever. We can overcome tax collections now stand at their low- ster City? Webster City is a community

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Real average incomes Recently, in Webster City, IA, the publican’s budget offers more pain and have not gone up since 1979, more than Electrolux plant that has been the no gain to the people of Webster City. three decades ago. Let me repeat that: town’s economic engine for over 80 Instead of increasing opportunity, it Average real incomes haven’t gone up years closed its doors. Production was sends a message of surrender and de- since 1979, more than three decades moved to Juarez, Mexico. In the final feat. Indeed, let’s speak the plain ago. In fact, over the last decade, the round of layoffs in March, 500 Iowans truth. With this tea party budget, Re- average income of working Americans lost their well-paying, middle-class publicans have taken their class war- has actually declined while those in jobs. fare to a new level. They have launched the top 10 percent of income earners This most recent factory closing an unprecedented assault on middle- and wealthy in America, their incomes comes on the heels of 222 plant closings class and working Americans. Their and their wealth has soared to new lev- just in Iowa last year, destroying near- message to struggling folks in Webster els. Vast wealth because of tax breaks ly 12,000 well-paying, middle-class jobs. City and communities like it across and other government preferences have As we all know, each of these plant clo- America is brutally clear: Tough luck. flowed to millionaires and money ma- sures reverberated on Main Street, I have mine. You are on your own. nipulators who pay a tax rate that is with many local stores and restaurants This Republican tea party budget lower than that paid by their chauf- falling on hard times or going out of would drive down our standard of liv- feurs and secretaries. business themselves. Let’s be clear, the ing, shred the economic safety net, re- In 2007, the top 25 hedge fund man- wrong kind of budget plan, one that in- duce access to health care and higher agers took home an average income of discriminately slashes funding for edu- education, and do damage to our public $892 million—yes, you heard that right, cation and job training, infrastructure schools’ ability to prepare our kids for $892 million each, average income for 1 and research, will deepen the plight of the jobs of the future. We can and must year. Over the last decade, the average Webster City and similar communities do better. income of the top 1 percent in America across America. Indeed, by accel- I have come to the floor to propose increased by an average of more than erating the erosion of the middle class an alternative approach to the Federal one-quarter of a million dollars a year. in this country, such a plan will make budget, a planned approach that will Again, let me repeat: The top 1 percent our fiscal situation even worse. There discipline the Federal budget and bring of income earners in America, their in- can be no sustainable economic recov- deficits under control while continuing come increased by an average of more ery in the United States without the to make critical investments in a than one-quarter of a million dollars a recovery of the middle class. There can stronger America. Best of all, we know year for 10 years. I ask, who in their be no sustainable solution to our budg- this approach can work because it is right mind believes these people need et challenges without a strong middle consciously modeled on the successful another giant tax cut? class, a middle class that is getting its budget policies of the 1990s. People do not hate the rich. To the fair share of rising national income. Under President Clinton’s leadership, contrary, most Americans aspire to do As I said earlier, we are growing Congress passed a bold economic plan well and to achieve financial independ- wealthier by the day in America. We that combined tough-minded spending ence. That is a big part of the Amer- are the wealthiest country in world cuts with smart investments and, yes, ican dream. But Americans do resent it history, and we are growing wealthier revenue increases. This created large when the wealthy and powerful manip- by the day. But what we ought to make budget surpluses and put us on a track ulate the political system to reap huge sure is that the middle class will get to completely eliminate the national advantages at the expense of working its fair share of that rising national in- debt within a decade. It created a brief people and the middle class. Ordinary come. era of shared prosperity for the middle people think the game is rigged and un- Again, I think the test of a budget class, with 22 million new jobs and 116 fair, and you know what? They are plan is this: Will it strengthen the mid- consecutive months of economic expan- right. Yet this tea party Republican dle class in America? Will it require sion, the longest in American history. budget says to middle-class Americans shared sacrifice with a promise of I say to the people across America, again: Hey, tough luck. I have mine. shared prosperity in the long run? I we can do this again. The key to re- You are on your own. Your retirement have applied this test to the tea party newing America and restoring our security is expendable. Your access to Republican budget and it comes up economy is to revitalize the middle woefully short. health care and college is expendable. This tea party Republican budget class. This means reducing deficits Your desire for quality public schools cuts the top tax rate for millionaires while continuing to invest in edu- is expendable. Your quest for a modern- and billionaires from 35 percent down cation, innovation, and infrastructure, ized transportation system is expend- to 25 percent. How will that help laid- boosting American competitiveness. It able. All these things, according to the off workers in Webster City? means restoring a level playing field Republican budget, are expendable in The Republican budget dismantling with fair taxation, an empowered order to create a Tax Code even more Medicare and replacing it with an ab- workforce, and a strong ladder of op- favorable to the rich and the powerful surdly inadequate voucher system, will portunity to give every American ac- and the privileged. that strengthen the retirement secu- cess to the middle class. This is deeply wrong. The middle rity of seniors in Webster City? We have the resources, both financial class is the backbone of this country, This budget of the Republican tea and human, to do these things. I repeat and it is time our leaders showed the party people guts Medicaid. Will that what I said earlier, the central false- backbone to defend it. We need an al- improve the lives of seniors and people hood in the tea party Republican budg- ternative, a budget that invests in edu- with disabilities who depend on Med- et is its assumption that America is cation and opportunity for all Ameri- icaid to pay for nursing home care and poor and broke; its assumption that we cans, a budget that invests in the re- home health care assistance? can no longer afford to invest in a pros- tirement security of the middle class The tea party Republican budget perous and secure middle class. Again, and, yes, a budget that does not aban- slashes funding for Pell grants. Will I say emphatically, we are not poor and don the less fortunate among us, in- that improve the prospect for kids in we are not broke. We have the highest cluding seniors and people with disabil- Webster City who plan to go to college per capita income of any major coun- ities. but whose parents are now unemployed try. As I said earlier, the problem is As we saw in the 1990s, we can do and without resources? how our wealth is distributed, how it is these things at the same time we are The tea party Republican budget managed, and how it has been in- bringing deficits under control. This makes Draconian cuts to everything vested—or should I say ‘‘misinvested.’’ will require smart, prudent reductions

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I hope I have set an example with We can and must build on the health The President’s budget proposes the my own appropriations subcommittee, care savings in the Affordable Care elimination of over $100 billion in the Subcommittee on Labor, Health Act. But my friends on the other side international tax breaks in this area. and Human Services, Education, and of the aisle want to repeal the Health A prudent but aggressive mix of Related Agencies of the Appropriations Reform Act. But they do not say where spending reductions and tax increases, Committee. The fiscal year 2011 spend- they are going to get the money to combined with stronger economic ing bill that was enacted last month make up the $1 trillion hole it will growth and an end to the wars in Iraq cuts spending in these areas by almost blow in the budget in the next decade. and Afghanistan, will bring Federal $6 billion and eliminates dozens of indi- The enormously successful deficit re- deficits under control. This will restore vidual programs. I also serve on the duction campaign of the 1990s insisted the fiscal discipline that was squan- Appropriations Subcommittee on De- on a balanced approach: spending cuts dered in the years after President Clin- fense. Of course, I believe we can make and revenue increases. Revenue in- ton left office. major spending cuts without harming creases were concentrated on the most Best of all, this restored fiscal foun- our national security. I agree with Sec- affluent Americans, those who could dation will allow us to continue mak- retary Gates, who has urged us to ter- most easily afford it, and who benefited ing critical investments in transpor- minate the additional C–17 cargo the most from the strong economy and tation and infrastructure, education planes and a new amphibious fighting the stock market that followed. This and energy, investments that will put vehicle. I would also save $12 billion by must be our template as we raise nec- Americans back to work, strengthen terminating the V–22 Osprey, which essary revenues to reduce future defi- our global competitiveness, and pre- even Dick Cheney labeled a turkey and cits. pare our workforce for the future. By all means, we must allow the Make no mistake, we have no time to tried to cancel it. waste. While the United States has I would also save $80 billion over the Bush era tax breaks for the wealthiest been distracted and weakened by fool- next decade by reducing the number of 10 percent of Americans to expire im- ish wars and speculative bubbles, our Active-Duty military personnel sta- mediately. To put it bluntly, they do competitors have been charging ahead. tioned in Europe and Japan. not need it, and we cannot afford it. Most importantly, it is time to save The fact is, high-income Americans did We have lost major ground to China hundreds of billions of dollars by speed- extremely well in the 1990s under the and to other rapidly growing econo- mies, including Brazil, South Korea. ing up the return of our troops from higher rates of the Clinton years, and We are playing catchup and the stakes Iraq and Afghanistan. It costs an esti- they will continue to do very well in are enormous. mated $1 million a year to deploy and the future, while contributing their fair share to bringing deficits under Across America, roads are crumbling, support each soldier deployed in those bridges are collapsing. Our formerly wars. That is an extravagance we can control. I also strongly agree with President world-class interstate highway system do without. Obama’s proposal to limit itemized de- is increasingly overwhelmed. Mass We can also make cuts close to home. ductions for the wealthiest 2 percent of transit systems, including Washing- I represent a farm State, and I have a Americans, a reform that would reduce ton’s once proud Metro system, have strong record of supporting a true farm the deficit by $320 billion over 10 years. fallen into disrepair. We have a back- income safety net. However, in this We need to end the outrageous gim- log of nearly $300 billion in school con- time of strong commodity prices, micks in our Tax Code. Just one exam- struction and modernization. record levels of net farm income, the ple. The ‘‘carried interest’’ loophole al- In infrastructure, we currently invest USDA—the Department of Agri- lows many hedge fund managers to pay less than one-third of what Western culture—is still paying out nearly $5 taxes at just a 15-percent rate on part Europe does as a percentage of GDP. billion a year in direct payments to of their bonuses, a far lower rate than China has tripled its investment in farmers, having no relationship to farm middle-class Americans pay. education, and is building hundreds of income or commodity prices or to what As I said earlier, in one recent year, new colleges and universities at a time they are even planting. No question, we the top 25 hedge fund mangers took when we are slashing school budgets can save some money here while still home an average income of $892 million and laying off teachers. making sure farmers have a good solid a year each. Let’s tax this income the The tea party Republican budget income safety net protection system. same way we tax the income of teach- makes this investment gap far worse. We also must find additional deficit ers and truckdrivers. It proposes to cut funding for transpor- reduction in the area of health care. In addition, I strongly favor a modest tation by 25 percent, and for education Once again, the tea party Republican speculation tax on certain types of fi- by 25 percent, and in future years budget flunks the test. It does not re- nancial transactions, a .25-percent would cut those investments even more duce spending on health care, it just tax—that is one-quarter of 1 percent deeply. Congressman RYAN has the au- shifts costs. It shifts the costs to sen- tax—on each stock transaction, and a dacity to tell us this is ‘‘a path to pros- iors and others by making them pay similar tax on options, futures, and perity.’’ Common sense tells us it is a most of the bills themselves. swap transactions. bridge to nowhere. By contrast, the new health reform In order to minimize the impact on These statistics are not abstractions. law actually cuts health care costs. ordinary American investors, this Investments in education, infrastruc- Again, according to CBO, it reduces the would exclude transactions in tax-ben- ture, and innovation directly translate deficit by hundreds of billions in the efited pension accounts such as 401(k)s into more and better jobs, higher in- first decade and by more than $1 tril- and IRAs and defined benefit plans. comes, stronger economic growth. That lion—the health reform bill cuts the Some might say, well, this sounds is why we need to get America moving deficit by more than $1 trillion in the kind of a pie in the sky. Well, Great again. second decade, while preserving and Britain currently levies a tax on stock For starters, we need a massive new strengthening Medicare, not dumping transactions that is twice as high as commitment to infrastructure expan- it on the backs of seniors. It does so by what I am proposing—twice as high as sion and modernization, truly a Mar- rewarding health care providers for the what I am proposing. There is no ques- shall plan for America. The first step is quality of care, not the quantity. It tion that Wall Street can easily bear to adopt a solid 6-year surface trans- does so by placing a sharp new empha- this modest tax. portation reauthorization bill that will sis on wellness and prevention, keeping John Bogle, the legendary founder of allow us to modernize our transpor- people out of the hospital in the first the Vanguard Mutual Fund Group, has tation system.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.042 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2671 We also need robust new investments state highway system, mapping the and our adherence to ethical standards in clean, renewable, domestically pro- human genome, one day discovering a and the fact that the legal profession duced energy. This will lower our en- cure for cancer. serves the interests of clients who need ergy costs in the long term, and will Through our government, we come help, many of whom don’t have a voice reduce our dependence on some of the together to provide a ladder of oppor- themselves, or certainly the capability most unstable countries in the world. tunity to give every citizen a shot at of representing themselves, who need Early in the 20th century, we pro- the American dream, a ladder of oppor- somebody who can help them. vided the emerging oil energy with sub- tunity that includes quality public But I have to tell my colleagues that sidies to accelerate its growth. Today, schools and universities, Pell grants, it is because of my respect and admira- we must provide similar policies to ac- the GI bill, job training. Through our tion for the legal profession that it celerate America’s transition to a government, we come together to en- makes me angry when I see people clean energy economy, including long- sure that our citizens have a secure remaking a mockery out of the term tax credits for a renewable energy tirement with guaranteed access to foundational principles I just men- generation, and for infrastructure in- health care, and to ensure that the less tioned: the rule of law, ethics, and the vestments for biofuels, as well as smart fortunate among us are not abandoned fiduciary duty owed to a client. grid technologies to enable broader re- to the shadows of life. After I practiced law for a while, I newable energy use. The goal should be I am convinced that the great major- had the great honor of being elected to 25 percent of our energy from renew- ity of Americans share this positive and serving as a district judge in my able resources by 2025. can-do vision. We refuse to be dragged home city of San Antonio. So not only In the field of education, we need backward into a winner-take-all soci- did I represent clients as an advocate major new investments. This begins ety where the privileged and the power- in court, I had the responsibility of with Federal support for universal pre- ful seize even a greater share of the presiding over trials and making sure school education to ensure that every wealth, as the middle class struggles people were treated impartially, the child is ready to learn and succeed in and declines. same, and according to the rule of law; school. It means an ambitious reau- Americans are a tough and resilient that it was not a matter of who they thorization of the elementary and sec- and optimistic people. We can and will were or how much money they had but ondary education bill that close the work together to meet the great chal- that everybody could have access to gap between world-class schools in af- lenges of our day. We can and will, in- our system of justice. fluent suburbs, and struggling schools deed we must, restore the middle class Later I was honored to be elected to in poor urban and rural communities. as the backbone of a stronger, richer serve on the Texas Supreme Court for 7 It means providing resources to ensure and fairer America. years where I was an appellate judge that the goal of graduating students I yield the floor. and I wrote legal opinions, basically who are college and career ready ap- The PRESIDING OFFICER (Mr. grading the papers of some of those plies equally to students with disabil- MANCHIN.) The Senator from Texas. trial judges and making sure that in- ities. Mr. CORNYN. Earlier today we had a deed we had equal justice under the In closing, in my remarks today I cloture vote on the nomination of Jack law. Then I served as attorney general have offered not just an alternative ap- McConnell to be a United States Dis- for 4 years before I came here, during proach to bringing deficits under con- trict Judge for Rhode Island, and 63 which time I became acquainted with a trol but an alternative vision of the Senators voted to cut off debate and to certain class of entrepreneurial law- role of the Federal Government. Going move then to a final vote on confirma- yers whom I think threatened the very back to the 1930s, the American people tion which will occur, I am told, rule of law I have been talking about. have supported and strengthened an around 5:30, shortly. I previously talked about my objec- unwritten social contract. That social But first I wanted to come to the tions to Jack McConnell’s nomination contract says we will prepare our floor and expand a little bit on some of and confirmation to serve as a Federal young and care for our elderly. That my earlier comments with regard to judge because I believe he inten- social contract says if you work hard this nomination and why I am so tionally misrepresented certain facts and play by the rules, you will be able strongly opposed to it just to make a before the Senate Judiciary Com- to rise to the middle class or even be- few other comments. mittee. Mr. McConnell and his firm yond. That social contract says a car- Thirty-three years ago I became a have been sued in Ohio for stealing and dinal role of government is to provide a lawyer, a member of the legal profes- maintaining custody of certain stolen ladder of opportunity, so every Amer- sion. While I have heard as many law- documents in a lead paint lawsuit ican can realistically aspire to the yer jokes as a person can stand in a which I will speak about in a moment. American dream. lifetime, I am actually proud of the As a matter of fact, earlier today I in- In one fell swoop, this tea party Re- legal profession. What attracted me to troduced an article which dem- publican budget rips up that social con- it was study of the law, the rule of law, onstrates that legal dispute still is rag- tract. It replaces it with a winner-take- and the majesty of law being made by ing and is not yet resolved. Yet the all philosophy, again, that tells strug- elected representatives of the Amer- Senate is moving ahead and will likely gling, aspiring people and communities ican people speaking for the American confirm someone to a life-tenured job across America: I have got mine. You people themselves; a profession that as a Federal judge who may ultimately are on your own. observes a rule of ethics, that is not be found responsible. I don’t know, he As I said at the outset, the Repub- just who can get the most the fastest could be vindicated. But why are we lican budget is premised on the idea but one that actually requires lawyers taking the risk that this individual that America is poor and broke, that to practice according to a standard of who will be given a lifetime job as a our best days are behind us, that we ethics. Federal judge might ultimately be have no choice but to slash investment Third, the obligation and the respon- found culpable in something that is required in order to keep our middle sibility that comes with representing a certainly disqualifying if he is respon- class strong. I totally disagree. client; in other words, it is not the law- sible for it? America remains a tremendously yer who is speaking on his or her own But I wish to speak just a little bit wealthy and resourceful nation. We are behalf but a lawyer who is speaking on more about—well, I wish to tell a an optimistic, forward-looking people. behalf of a client, whether they have story. I think it helps make the point We are a purposeful and can-do people, been arrested and charged with a I wish to convey. and we expect our government to be on crime, whether they have been injured Once upon a time there was an enter- our side, the side of the middle class. in an accident and seeking compensa- prising lawyer and some of his law We expect it to be an instrument of nation for some wrongdoing and to deter partners who were trying to figure a tional greatness and purpose, allowing future acts, similar actions in the fu- new way to make a lot of money. One us to come together to achieve the big ture, whether it is a commercial dis- of them said: things we cannot achieve as individ- pute over a contract or some other re- ‘‘Well, I have a plan to do that. First, uals, things such as building an inter- lationship. I believe it is the rule of law we have to pick a product or sector of

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.043 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2672 CONGRESSIONAL RECORD — SENATE May 4, 2011 the economy that is unpopular, even aren’t responsible—you still have to ultimately, from the standpoint of the though it is legal. For example, to- navigate the maze of litigation through company, bar any future lawsuits. The bacco.’’ the trial and the appellate and the Su- defendants agree rather than paying a ‘‘Exactly,’’ one of the lawyers said. preme Court. You know you might just lump sum settlement out of their cur- ‘‘We pick a product like tobacco, and win if you can outlast their adver- rent assets to pay hundreds of billions we sue the manufacturer and make a saries. But in the meantime, as I indi- of dollars to these lawyers and the lot of money.’’ cated earlier, the stock price takes a State out of future profits. ‘‘The problem is we have already beating, management is consumed with How do you make sure you don’t tried to do that in individual lawsuits defending the lawsuit rather than run- have to dip into your current assets? that are designed to compensate vic- ning the business, and millions of dol- Well, basically, the defendants agree tims and deter wrongdoing, but we lost lars are being spent on their own law- under this arrangement to raise the all of those lawsuits.’’ yers in order to defend this case. price of their product for consumers. ‘‘Well,’’ the enterprising young law- Well, in this story the law partners of So, ultimately, the consumers pay, and yer who suggested this plan said, ‘‘we this enterprising young lawyer say: the defendants will pay the attorney’s did, but now we have a new legal the- That sounds like a great plan. We could fees out of this same income stream. ory. We have a new approach. And it is earn a lot of money. Now, these lawyers in this story be- a legal theory that has never actually The lawyer proposing this says: Well, lieve this is really a stroke of genius. been embraced or accepted by the we can earn more than you can pos- While no person who has allegedly been courts.’’ sibly imagine because our compensa- injured by this product will receive a One of the other lawyers said, ‘‘Well, tion may well exceed $100,000 an hour. penny—and, indeed, as a result, the de- how does that work? What is the the- Well, how do you do that? No one can fendant will not be deterred from en- ory?’’ charge $100,000 an hour as a legal fee. gaging in that sort of conduct, nor will, To which the other responded, ‘‘Well, Well, this is the best part from their as I say, any victim be compensated— the theory really doesn’t matter be- perspective. They would not actually the State recovers a windfall of dam- cause this case will never be tried, but negotiate an hourly fee under the su- ages without having to appear to raise it will be settled for billions of dol- pervision of a judge that reflects pre- taxes, although the increased price for lars.’’ vailing ethical standards. Instead, they the product is passed along to con- That takes us to the second part of will negotiate a deal with this attorney sumers. the plan. The truth is, the client or the general for the State on a contingency As a result of this deal, the defend- person who would be represented is not fee basis in a no-bid, noncompetitive ant’s stock price rebounds, they can an individual victim who was harmed contract. So then they would get a per- stay in business essentially as a part- as a result of some wrongdoing by the centage of any amount of money recov- ner with this law firm whose legal fees manufacturer of the product, but in- ered in this bet-the-company lawsuit. will be paid out of future sales revenue, stead of that it is the State—a State. Since there are no costs up front for and the State official who agrees to How do you get hired to represent a the taxpayer, the State attorney gen- this ingenious scheme is elected to State? Well, you have to get the attor- eral would look like a hero, even if the higher office in part on the strength of ney general—my former job. You have lawsuit was unsuccessful. But if he suc- this David v. Goliath story. The only to get the attorney general, who is the ceeds, these lawyers would get a sig- problem with this story is that it is no chief law enforcement officer of the nificant percentage of an astronomical fairy tale. State, to basically hire you and then to sum of money. No funds would be ap- So who are these lawyers who delegate to you the sovereign law en- propriated by the legislature to finance dreamed up this ingenious scheme to forcement power of the State—in this the litigation, so the State official can partner with a State official to be able case to sue the makers of a product. make the ethically fallacious and ethi- to be delegated the sovereign power of Part of this scheme is you sue not just cally dubious claim that no tax dollars the State and collect fabulous wealth for damages to one individual or a will be used to pay legal fees. The offi- in the form of attorney’s fees that no group of individuals, you sue for essen- cial enters into this no-bid contract for judge will award and no jury will award tially everyone in the State, alleging legal services with lawyers whose fu- because it is part of this settlement? billions of dollars in damages. ture political support, including cam- Jack McConnell, the nominee, and his The key reason this is so important paign contributions, is assured. The of- law firm. to this scheme, of course, is because ficial can expect to be lauded as a pop- His Web site says: McConnell played this is a break-the-company lawsuit. ular hero in the press by his willing- a central role in the historic litigation By that I mean it is an existential ness to take on an unpopular industry. against the tobacco industry in which threat to the existence of this com- Now, as part of this scheme and $246 million in all was recovered, it pany, far bigger than any legal threat story, to leverage the chances for suc- says, on behalf of the State attorneys they may have faced in the past, be- cess, these lawyers then cherry-pick general, serving as a negotiator and cause the damages are enormous. the court where the lawsuit is filed, a primary drafter of the master settle- Every potential juror who would sit in court well known for being friendly to ment agreement. As a result, Mr. judgment of the case being a con- these sorts of claims. Seeing the hand- McConnell told us in the Judiciary stituent, a resident of that State, writing on the wall, ultimately as part Committee, he expects to collect be- would stand to benefit in some way or of this scheme, the plan would be that tween $2.5 million and $3.1 million a another by any judgment rendered the defendants, even though they are year from now through 2024. What is against this company. Then, of course, not—the chances of proving them re- more, Jack McConnell now finds him- there is the power of the State itself to sponsible are very thin, the risk of los- self nominated to be a Federal judge in launch, perhaps, a negative publicity ing and losing the company are so huge whose court future ingenious but ethi- campaign against this company or sec- that they decide to go to the settle- cally dubious schemes can be expected tor to erode the stock value of this ment table. to have a warm reception. company in order to compel them or Well, here is the deal. The plaintiff’s This is the type of thing Stuart Tay- force them into a settlement posture. lawyers say—under this scheme, and in lor—a well-respected legal commen- Well, part of this scheme is that even some ways it turns out to be a lifeline tator—called, he said: The rule of law though the chances of winning in court to the defendants—first, the good news: has now morphed into these sorts of are very slim, even a small risk of los- The defendants will survive. They schemes into the rule of lawyers. He ing everything—wiping out share- won’t be at risk of losing the com- has talked about the sequel to this liti- holders, retirees, pension funds, and pany—the employees, the stock price, gation I have described in this story employees—even that small risk is the pensioners, the retirees who depend which was the lead paint lawsuit, enough to cause the defendant to con- on the existence of the company. which we have talked about a little be- sider coming to the settlement table. Secondly, the business will continue fore, which was unanimously rejected True, even if you have a chance—liabil- to operate and—here is the best part— by the Rhode Island Supreme Court— ity is very thin and you think you the judgment that will be entered will frivolous litigation.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.044 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2673 As a matter of fact, Mr. McConnell constituents, it is my responsibility to These two novel legal theories give the ad- and his law firm were assessed fees of the Senate, to express the strong objec- ministration extraordinary discretion to de- over $200,000. But Mr. Taylor said: It is tions I have to this nominee. Surely— cide who’s misleading the public and whose litigation of this type which has per- well, I know there are better people for products are defective. You might approve the outcomes in these two cases, but they es- verted the legal system for personal or the President to nominate in Rhode Is- tablish precedents for other cases you might political gain at the expense of every- land. Two of them serve in the Senate. find wildly unjust. one else. Strong words, hard words, but There are other qualified people who Worse, no judge will ever scrutinize these I think the Senate needs to know the could be nominated, and I believe this theories. The administration has no inten- type of nominee we are voting on, and ethically challenged nominee—who, action of seeing these lawsuits through to final the American people need to know cording to the words of Stuart Taylor, verdicts. The goal of both efforts is to what the record of this nominee is, so is among a class of lawyers who have threaten the industries with such large pen- then they can hold the Senators who perverted the legal system for personal alties that they’ll agree to a deal—for the cigarette makers, to pay a large amount of vote for his confirmation accountable. and political gain at the expense of ev- money to the federal government, coupled But this is not a partisan issue. It is eryone else—is the wrong person for perhaps with a steep increase in the price of not. This is not even about ideology. this job. So I will be voting against the a pack of cigarettes; and for the gun makers, This is about ethics. This is about up- nomination. to limit bulk purchases and put more safety holding the rule of law. I yield the floor. devices on guns. In announcing the lawsuit Mr. President, I ask unanimous con- EXHIBIT 1 against the gun makers, HUD Secretary An- sent that after the close of my re- [From the Wall Street Journal, Jan. 12, 2000] drew Cuomo assured the press that the whole effort was just a bargaining ploy: ‘‘If all par- marks, a Wall Street Journal article, DON’T DEMOCRATS BELIEVE IN DEMOCRACY? ties act in good faith we’ll stay at the nego- dated January 12, 2000, by Robert B. (By Robert B. Reich) tiating table.’’ Reich, be printed in the RECORD. If I had my way there would be laws re- But the biggest problem is that these law- The PRESIDING OFFICER. Without stricting cigarettes and handguns. But Con- suits are end runs around the democratic objection, it is so ordered. gress won’t even pass halfway measures. Cig- process. We used to be a nation of laws, but (See exhibit 1.) arette companies have admitted they this new strategy presents novel means of Mr. CORNYN. Mr. Reich was Sec- produce death sticks, yet Congress won’t lift legislating—within settlement negotiations retary of Labor during the Clinton ad- a finger to stub them out. Teenage boys con- of large civil lawsuits initiated by the execu- ministration, and he wrote an article tinue to shoot up high schools, yet Congress tive branch. This is faux legislation, which in the Wall Street Journal that I think won’t pass stricter gun controls. The politi- sacrifices democracy to the discretion of ad- is particularly appropriate to what I cally potent cigarette and gun industries ministration officials operating in secrecy. have got what they wanted: no action. Al- am talking about. The lead of the arti- It’s one thing for cities and states to go to most makes you lose faith in democracy, court (big tobacco has already agreed to pay cle from this prominent Democrat, a doesn’t it? the states $246 billion to settle state Med- Cabinet Secretary under Bill Clinton, Apparently that’s exactly what’s happened icaid suits, and 28 cities along with New is: ‘‘Don’t Democrats Believe in De- to the Clinton administration. Fed up with York state and Connecticut are now suing mocracy?’’ That is the title. I will not trying to move legislation, the White House the gun manufacturers; it’s quite another for read all of it, but I will read just a few is launching lawsuits to succeed where legis- the feds to bring to bear the entire weight of sentences. lation failed. The strategy may work, but at the nation. New York state isn’t exactly a In talking about this kind of govern- the cost of making our frail democracy even pushover, but its attorney general, Eliot weaker. Spitzer, says the federal lawsuit will finally ment-sponsored litigation by outsourc- The Justice Department is going after the ing the responsibilities of the sovereign pressure gun makers to settle. New York’s tobacco companies with a law designed to lawsuit is a small dagger, he says. ‘‘The feds’ government and the elected officials to fight mobsters—the 1970 Racketeer Influ- is a meat ax.’’ contingency fee lawyers, whose only enced and Corrupt Organizations chapter of The feds’ meat ax may be a good way to motive is maximizing their personal the Organized Crime Control Act. Justice al- get an industry to shape up, but its a bad profit, he said: leges that the tobacco companies violated way to get democracy to shape up. Yes, RICO by conspiring to create an illegal en- . . . the biggest problem is that these law- American politics is rotting. Special-interest terprise. They did this by agreeing to a ‘‘con- suits are end runs around the democratic money is oozing over Capitol Hill. The mak- certed public-relations campaign’’ to deny process. We used to be a nation of laws, but ers of cigarettes and guns have enormous any link between smoking and disease, sup- this new strategy presents novel means of clout in Washington, and they are bribing press internal research and engage in 116 legislating—within settlement negotiations our elected representatives to turn their ‘‘racketeering acts’’ of mail and wire fraud, of large civil lawsuits initiated by the execu- backs on these problems. which included advertisements and press re- tive branch. This is faux legislation, which But the way to fix everything isn’t to turn leases the companies knew to be false. sacrifices democracy to the discretion of ad- our backs on the democratic process and pur- A few weeks ago, the administration an- sue litigation, as the administration is ministration officials operating in secrecy. nounced another large lawsuit, this one Well, I agree with Secretary Reich. I doing. It’s to campaign for people who prom- against America’s gun manufacturers. Jus- ise to take action against cigarettes and think this is a threat to our democ- tice couldn’t argue that the gun makers had guns, and against the re-election of House racy. Again, I do not think it should be conspired to mislead the public about the and Senate members who won’t. And to fight viewed as a partisan issue, even though danger of their products, so it decided like hell for campaign finance reform. In he has that provocative headline and against using RICO in favor of offering short, the answer is to make democracy he is talking about members of his own ‘‘legal advice’’ to public housing authorities work better, not to give up on it. organized under the Department of Housing party who have endorsed and initiated and Urban Development, who are suing the Mr. GRASSLEY. Mr. President, I rise some of this type of litigation. gun makers on behalf of their three million today to speak in opposition to one of We had an earlier vote, as I said, tenants. The basis of this case is strict liabil- President Obama’s most controversial where 63 Senators voted to close off de- ity and negligence. The gun makers alleg- nominees, Mr. Jack McConnell, who bate, and we will have a vote here in edly sold defective products, or products has been nominated to be U.S. district short order. I know some Senators they knew or should have known would harm judge for the District of Rhode Island. have indicated they voted to close off people. He has dedicated his professional ca- debate because they felt that was the Both of these legal grounds—the mobster- like conspiracy of cigarette manufacturers reer, and enriched himself in the proc- appropriate vote to make, but they to mislead the public, and the defective as- ess, by bringing dubious mass tort liti- were going to vote against Mr. McCon- pects of guns or the negligence of their man- gation. I believe he has demonstrated a nell’s nomination. So we will see how ufacturers—are stretches, to say the least. If result-oriented view of the law. He has many votes he gets. But we know if it any agreement to mislead any segment of repeatedly demonstrated that he is is a party-line vote, there are 53 Demo- the public is a ‘‘conspiracy’’ under RICO, highly partisan. And given his history crats in this body and 46 Republicans. then America’s entire advertising industry is of intemperate and highly partisan re- If it is a party-line vote, Mr. McConnell in deep trouble, not to mention health main- marks, I do not believe he is capable of is going to be a Federal judge. But I tenance organizations, the legal profession, automobile dealers and the Pentagon. And if being an impartial jurist. think it is important to make the every product that might result in death or First, Mr. McConnell is an active par- RECORD crystal clear as to the type of serious injury is ‘‘defective,’’ you might as tisan, a little more so than most nomi- nominee Senators are voting on. I well say goodbye to liquor and beer, fatty nees recently before the Senate. Mr. think it is my responsibility to my foods and sharp cooking utensils. McConnell and his wife have donated at

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Partisan criticism made little reference to the agreement involved a commitment political activity is not disqualifying points of law. Rather, his major com- by DuPont to contribute over $12 mil- on its own. My concern is that Mr. plaint was simply that, in his view, lion to charity and a commitment by McConnell is so steeped in political ac- ‘‘justice was not served.’’ His op-ed the State of Rhode Island to dismiss tivity and ideology that it may be im- lambasted the court for ‘‘let[ting] the case against DuPont. DuPont re- possible for him to be an impartial ju- wrongdoers off the hook.’’ Not only fused to pay any attorneys’ fees be- rist—even if he earnestly believes that were these statements intemperate, cause they were disputing the permissi- he can. even for an advocate, but they reflect a bility of the State’s use of private We can legitimately question wheth- results-oriented view of judging. Mr. counsel on a no-bid contingency-fee er his partisanship will influence his McConnell did not focus on the court’s contract. Nonetheless, DuPont agreed judicial philosophy. He has made a analysis or argue that it wrongly ap- to make a sizeable donation to charity number of sharp partisan political plied the law. He argued that the to settle the case. statements, including one in which he ‘‘wrongdoers’’ weren’t punished. In In my view, the donation to the Bos- indicated that only Democrats fight for other words, the result didn’t fit with ton hospital is highly suspect. Settle- ‘‘economic and social justice and op- his notion of justice, so it was the ment money that was supposed to help portunity for all.’’ He has called for a wrong result. reduce lead poisoning in Rhode Island more ‘‘active government’’ and redis- Mr. McConnell was also deeply in- in effect was diverted to offset a debt of tribution of wealth, and claimed that volved in State lawsuits against to- Mr. McConnell’s law firm. The chair- ‘‘health care should be a right of citi- bacco companies. However, beyond liti- man of the Rhode Island Republican zenship.’’ When Republican Gov. Lin- gation, he has shown an open hostility Party described the problem as follows: coln Almond kept the Rhode Island to tobacco companies. He told the press ‘‘McConnell’s law firm had a $3 million government open during a snowstorm in 1999 that he would ‘‘like Congress to obligation to a Boston hospital, and so in 1996, Mr. McConnell commented to put the Cigarette makers out of busi- as part of the settlement, $2.5 million the press that the decision was ‘‘typ- ness.’’ He has even gone so far as to of that obligation was paid by Du- ical of the cold-hearted Republican at- compare people who opposed smoking Pont.’’ titude of disregarding workers’ needs.’’ bans in restaurants to the supporters of Mr. McConnell does not dispute this He went on to argue against the Gov- racial segregation, saying ‘‘some peo- characterization of the $2.5 million ernor’s appeal to the cost efficiency of ple might like having all-White res- payment. Despite claims by Attorney keeping agencies open by saying that taurants so they don’t have to sit with General Lynch that the payment would ‘‘[we] could bring child labor back, Blacks, but we don’t allow it.’’ not satisfy Motley Rice’s obligation to which would be cheaper, too.’’ A fourth concern relates to the man- the hospital, he said ‘‘I don’t see why it Mr. McConnell has often portrayed ner in which Mr. McConnell conducts shouldn’t, and I don’t see anything ne- his mass tort cases as movements his business. I am not suggesting ille- farious or wrong with that.’’ The con- against societal injustices. He has said gal or unethical behavior, but it is a troversy regarding the settlement in- that these cases represent ‘‘wrongs bit unseemly. He and his firm, Motley tensified when attorneys from another that need to be righted and that is how Rice, have often brought these confirm who had worked on the case on a I see the law.’’ He has said that he is troversial mass tort litigations cases contingency fee basis disputed the pay- ‘‘an emotional person about injustice while representing State attorneys at any level—personal, societal, glob- ment, claiming it was a ‘‘legal fee’’ al.’’ These statements indicate an ac- general on no-bid contingency fee con- that they were not being allowed to tivist viewpoint. This is not what I tracts. According to an April 24, 2009, share in. Fifth, I am concerned that Mr. want in a Federal judge. Wall Street Journal editorial: Second, Mr. McConnell has a view of Mr. McConnell and his firm helped pioneer McConnell has approached this con- the law that I believe is outside the the practice of soliciting public officials to firmation process with either a lack of bring lawsuits in which private lawyers are mainstream of legal thought. Much of diligence or a lack of candor. I am par- paid a percentage of any judgment or settle- ticularly troubled by the way Mr. McConnell’s career has been devoted to ment. The law firms front the costs of litiga- bringing some of the most controver- McConnell handled himself before the tion and are compensated if the suit is suc- committee. I believe Mr. McConnell, at sial mass tort litigation of recent cessful. But such contingency-fee arrange- years. He has pursued the manufactur- ments inevitably raise questions of pay to best, misled the committee when he ers of asbestos, tobacco, and lead paint, play. And private lawyers with state power testified about his familiarity with a whose actions he believes to be ‘‘un- and a financial stake in the outcome of a set of stolen legal documents that his just.’’ In bringing many of these cases, case can’t be counted on to act in the inter- law firm obtained during the lead paint Mr. McConnell has often stretched est of justice alone. litigation. When asked about these doc- legal argument beyond its breaking There are numerous examples of uments during his committee hearing, point. An example is the ‘‘public nui- campaign contributions by Mr. McCon- he testified that he saw the documents sance’’ theory he pursued in the Rhode nell and/or his wife in States where he ‘‘briefly,’’ but that he was not familiar Island lead paint case. Well-respected or his firm was conducting or soliciting with them ‘‘in any fashion.’’ attorneys have said Mr. McConnell’s litigation. These include Rhode Island, But several months after his hearing, theory ‘‘just [did not] mesh with cen- Ohio, Washington, Vermont, and North Mr. McConnell was deposed, under turies of Anglo-American law’’ and a Dakota. oath, about those same documents. In former attorney general called the In another instance, as part of a set- his sworn deposition, Mr. McConnell lead-paint cases ‘‘a lawsuit in search of tlement in the Rhode Island lead paint testified that he was the first lawyer to a legal theory.’’ case, DuPont was to pay $2.5 million to receive the documents. He drafted a The Rhode Island Supreme Court the International Mesothelioma Pro- newspaper editorial citing information unanimously ruled against him in gram at a Boston hospital, which is run that came directly from those docu- State v. Lead Industries Associates, by a former Motley Rice expert asbes- ments. He testified that he reviewed Inc. In a well-reasoned opinion, the tos witness, Dr. David J. Sugarbaker. and signed a legal brief that incor- court found that there was no set of According to press reports, the pay- porated the stolen documents. And, facts that he could have proven to es- ment was intended to satisfy a $3 mil- even though he told the committee tablish that the defendants were liable lion pledge previously made by Motley that he was not familiar with the docu- in public nuisance. Rice to Dr. Sugarbaker to secure a seat ments ‘‘in any fashion,’’ during his dep- Mr. McConnell’s reaction to that on the executive advisory board of the osition he testified that he did not see opinion illustrates my third major con- program. any indication on the documents that

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Only could he know the documents were not as a personal injury lawyer and past state- one such Senator has spoken in opposi- confidential or secret, if, as he testified ments demonstrate his disregard for the rule tion since cloture was invoked. before the committee, he was not fa- of law, an activist judicial philosophy and With judicial vacancies at crisis lev- miliar with them ‘‘in any fashion’’? obvious bias against businesses. els, affecting the ability of courts to Given these facts, it is hard to square For the reasons I have articulated— provide justice to Americans around Mr. McConnell’s testimony before the one, his active partisanship which I be- the country, we should be debating and committee with his sworn deposition lieve he will carry with him into the voting on each of the 13 judicial nomi- testimony a couple months later. judiciary; two, his legal theories being nations reported favorably by the Judi- The litigation over these documents outside the mainstream; three, his lack ciary Committee and pending on the remains ongoing. We do not know how of judicial temperament; four, his ques- Senate’s Executive Calendar. No one it will conclude. We do not know tionable business practices; and five, should be playing partisan games and whether Mr. McConnell and his law his lack of candor with the com- obstructing while vacancies remain firm will be held liable for the theft of mittee—and other concerns which I above 90 in the Federal courts around these documents. But what is the Sen- have not expressed today, I shall op- the country. With one out of every nine ate going to do if we confirm this indi- pose this nomination. Federal judgeships still vacant, and ju- vidual, and at some later date he or his I will conclude by saying this. I have dicial vacancies around the country at law firm is found liable for theft? At supported the overwhelming majority 93, there is serious work to be done. that point, it will be too late. Members of President Obama’s judicial nomi- I will support the nomination of Jack will not be able to reconsider their nees. If it were up to me, I would not McConnell, just as I have each of the votes. The Wall Street Journal re- have nominated many of those individ- three times it was before the Judiciary cently opined that Mr. McConnell’s uals, but I supported them nonetheless. Committee. Mr. McConnell is an out- ‘‘changing story about his lead paint Mr. McConnell is in an entirely dif- standing lawyer. He is supported by his advocacy is enough by itself to dis- ferent category. I believe he misled the home State Senators, Senator REED qualify him from the bench.’’ I could committee when he testified before us. and Senator WHITEHOUSE. Each has not agree more. For that reason alone, I do not think spoken passionately and persuasively In another instance, I asked in writ- he should be rewarded with a lifetime in support of his nomination. ten questions the degree of awareness appointment to the Federal bench. As I noted earlier, Mr. McConnell’s or notification that he or his law firm Even if I did not have that concern, I nomination has been reported by a bi- had regarding rallies that were held could not support this nominee. partisan majority of the Judiciary outside or near the Superior Court in Mr. LEAHY. Mr. President, earlier Committee three times. His nomina- Providence during the lead-paint trials today, the Senate took a step toward tion also has bipartisan support from in September 2002. He replied ‘‘None.’’ restoring a longstanding tradition of those in his home State. Leading Re- However, there is email traffic that in- deference to home state Senators with publican figures in Rhode Island have dicates Mr. McConnell was, in fact, regard to Federal District Court nomi- endorsed his nomination. They include aware of the demonstrations. This nations. The Senate turned away from First Circuit Court of Appeals Judge email was produced in the lead paint what Senator REED rightly called a Bruce Selya; Warwick Mayor Scott litigation as part of Sherwin precipice. Eleven Republican Senators Avedisian; Rhode Island Chief Justice Williams’s motion for a new trial. In joined in voting to end a filibuster of Joseph Weisberger; former Rhode Is- other words, Mr. McConnell and his the nomination of Jack McConnell to land Attorneys General Jeffrey Pine firm had this in their possession when the District Court for the District of and Arlene Violet; former Director of he was asked about it by the com- Rhode Island. A supermajority of the the Rhode Island Department of Busi- mittee. Senate came together to reject a new Inconsistent answers were provided ness Barry Hittner; former Rhode Is- standard, which I believe is being un- land Republican Party Vice-Chair John with regard to Mr. McConnell’s rela- fairly applied to President Obama’s tionship with the ACLU as well. In re- M. Harpootian; and Third Circuit Court district court nominees. Now, more sponse to the question ‘‘Did you, in of Appeals Judge Michael Fisher. than a year after his nomination, near- fact, represent the ACLU in the mat- The strident opposition to this nomi- ly a year after his confirmation hear- ter?’’ Mr. McConnell said ‘‘I entered an nation has been fueled by the corporate ing, and after having had his nomina- appearance as counsel.’’ Yet in re- lobby, who oppose Jack McConnell be- tion reported positively by a bipartisan sponse to another question regarding cause he is a good lawyer. They oppose majority of the Judiciary Committee any matters in which he provided legal him because he successfully rep- three times, the nomination of Jack services to the ACLU or any affiliate resented plaintiffs, including the State McConnell will finally have an up-or- thereof, he replied, ‘‘I have never proof Rhode Island, in lawsuits against down vote in the Senate. vided legal services to the ACLU or any lead paint manufacturers. Some in the The Senate should have debate on ju- affiliate thereof.’’ I find this answer Senate may support the lead paint in- dicial nominations, and Senators confusing at best. dustry. Some in the Senate may oppose These types of responses indicate, at should be free to vote for or against those who wish to hold lead paint com- a minimum, a careless approach in his any nomination. A few hours ago the panies accountable for poisoning chil- response to the legitimate inquiries of Senate voted to invoke cloture and dren. That is their right. But as I said this committee. They could also be now we are proceeding to hold a final earlier in opposing the filibuster of this viewed as indicating a lack of candor. confirmation vote on this nomination. nomination, nobody should oppose Mr. Either way, they do not reflect the There was no need for cloture to be McConnell for doing what lawyers do— standard we should expect from an in- filed on this nomination. There were no vigorously represent clients. dividual who seeks confirmation to the ‘‘extraordinary circumstances’’ that I also hope no Senator opposes this Federal judiciary. held up this nomination for over a nomination based on what I believe to These concerns lead me to believe year. Why was the Senate not able to be a distortion of Mr. McConnell’s tes- this nominee is not qualified to serve reach a time agreement to debate and timony before the committee. As as a U.S. district judge. Finally, I note vote on this nomination last year? It chairman of the Judiciary Committee, Mr. McConnell received a low rating was the obstruction that prevented us I take seriously the obligation of nomi- from the ABA—a rating of substantial from doing so. It was wrong for the nees appearing before the Committee majority qualified, minority not quali- Senate to knuckle under to business to be truthful. I would be the first Sen- fied. lobbies and it was right for the Senate ator to raise an issue if there were any My concerns are shared by the U.S. to reject that opposition. legitimate question as to the accuracy Chamber of Commerce, and I take their In fact, in the days leading up to the of Mr. McConnell’s testimony. But views very seriously because the Cham- filibuster vote and in the hours since, there is not. ber only rarely takes positions on judi- no great number of Senators has spo- Far from establishing that Mr. cial nominations. In a letter to this ken in opposition to this nomination. McConnell was untruthful with the committee, the Chamber wrote: Only a handful of Senators from the committee, the deposition transcript

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There is no basis to be- necessarily absent: the Senator from of times I come to the Senate floor to lieve that Mr. McConnell did not an- Oklahoma (Mr. COBURN) and the Sen- speak about agriculture and to speak swer questions from members of the ator from Kansas (Mr. ROBERTS). about ethanol. What brings me to the committee truthfully. Some Senators The PRESIDING OFFICER (Mr. BEN- floor today is the ongoing crusade by may feel strongly that Mr. McConnell NET). Are there any other Senators in the Wall Street Journal, in an intellec- and his firm were wrong to sue lead the Chamber desiring to vote? tually dishonest way, to put out a lot paint companies, but there is simply no The result was announced—yeas 50, of facts about ethanol that are not basis for believing that Mr. McConnell nays 44, as follows: true. The latest barrage comes from an was untruthful with the committee. I [Rollcall Vote No. 66 Ex.] interview published last Saturday in hope other Senators will reject those YEAS—50 the Wall Street Journal with C. Larry conclusions. Baucus Harkin Nelson (FL) With more than 25 years of experi- Begich Inouye Pryor Pope, CEO of Smithfield Foods. In this Bennet Johnson (SD) article, there are a lot of ence as an outstanding litigator in pri- Reed Bingaman Kerry Reid misstatements about ethanol and vate practice, Mr. McConnell has been Blumenthal Klobuchar Rockefeller about ethanol causing the price of food endorsed by The Providence Journal, Brown (OH) Kohl Sanders to rise dramatically. I take the floor which wrote: ‘‘In his legal work and Cantwell Landrieu Schumer Cardin Lautenberg Shaheen now to rebut some of those community leadership [he] has shown Carper Leahy Stabenow misstatements and also to set the that he has the legal intelligence, char- Casey Levin Tester Conrad Lieberman record straight so that when a very acter, compassion, and independence to Udall (CO) Coons Manchin fine CEO such as Mr. Pope, even be a distinguished jurist.’’ This debate Udall (NM) Durbin McCaskill though I disagree with him on this ar- should focus on Mr. McConnell’s quali- Warner Feinstein Menendez ticle—he is a decent person, and he is a Franken Merkley Webb fications, experience, temperament, in- good corporate executive—the next tegrity, and character. Any fair evalua- Gillibrand Mikulski Whitehouse Hagan Nelson (NE) Wyden time, he will not speak. But I can also tion of his qualifications would reveal NAYS—44 say I do not like to have confronta- a nominee worthy of confirmation. tions with Smithfield Foods because Alexander Enzi McConnell I congratulate Jack McConnell and they do provide a lot of good-paying his family on his confirmation today. I Ayotte Graham Moran Barrasso Grassley Murkowski jobs in the Middle West, and they do a commend Senator REED and Senator Blunt Hatch Paul good job of adding value to agriculture. WHITEHOUSE for their steadfast support Boozman Hoeven Portman There has been a tradition at Smith- Brown (MA) Hutchison and all they have done to ensure that Risch field to kind of not appreciate Amer- the Senate vote on this nomination. Burr Inhofe Rubio Chambliss Isakson Sessions ican agriculture. It goes back to some The PRESIDING OFFICER. The Sen- Coats Johanns Shelby conversations I had with the previous Cochran Johnson (WI) ator from Rhode Island. Snowe Collins Kirk CEO by the name of Joe Luter. I re- Mr. REED. Mr. President, I ask unan- Thune Corker Kyl member Joe Luter coming to my office imous consent that the remaining time Cornyn Lee Toomey to try to explain to me some things he postcloture be yielded back and the Crapo Lugar Vitter Wicker thought I had misinterpreted of what Senate proceed to vote on the con- DeMint McCain he was really talking about regarding firmation of the nomination of John J. NOT VOTING—5 the family farmer and about the pro- McConnell, Jr., to be a U.S. District Akaka Coburn Roberts duction of hogs and whether he was Judge for the District of Rhode Island; Boxer Murray wanting to put the family farmer out that the motion to reconsider be con- The nomination was confirmed. of business. sidered made and laid upon the table The PRESIDING OFFICER. Under I remember just as if it was said to with no intervening action or debate; the previous order, the motion to re- me yesterday a statement he made that no further motions be in order to consider is considered made and laid when I said: You are running the fam- the nomination; that the President be upon the table, the President will be ily farmer, the family producer, the immediately notified of the Senate’s immediately notified of the Senate’s independent producer out of the hog action; the Senate then resume legisla- action, and the Senate will resume leg- business, and you want to control ev- tive session and proceed to a period of islative session. erything. He said to me something morning business for debate only until f along the lines: I do not want to put 7:30 p.m., with Senators permitted to your farmers out of business; I just speak for up to 10 minutes each. LEGISLATIVE SESSION want them feeding my pigs. He was ba- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Under sically saying he wanted the family objection? the previous order, the Senate will now farmer to be an employee of Smithfield Without objection, it is so ordered. return to legislative session. and not be an independent producer. The question is, Will the Senate ad- f Another point he tried to argue with vise and consent to the nomination of me—and I am referring to Mr. Pope’s John J. McConnell, Jr., of Rhode Is- MORNING BUSINESS predecessor, Mr. Luter—he also argued land, to be United States District The PRESIDING OFFICER. Under that Iowa farmers in a sense were not Judge for the District of Rhode Island? the previous order, the Senate is now smart enough to run a packing plant. Mr. WHITEHOUSE. Mr. President, I in a period for the transaction of morn- In fact, he offered to give a plant to a ask for the yeas and nays. ing business for debate only until 7:30 group of farmers and guaranteed it The PRESIDING OFFICER. Is there a p.m., with Senators permitted to speak would be out of business within 6 sufficient second? for up to 10 minutes each. months. There is a sufficient second. The Senator from Iowa. I do not know whether I have fault The clerk will call the roll. Mr. GRASSLEY. Mr. President, I ask with Mr. Pope as CEO of Smithfield The assistant legislative clerk called unanimous consent to speak for a and ethanol in this case as opposed to the roll. much longer period of time, for 45 min- Mr. Luter, his predecessor, and who is Mr. DURBIN. I announce that the utes. I may not use all that time, but going to raise pigs, but there may be Senator from Hawaii (Mr. AKAKA), the I would like to have permission to an institutional bias within the cor- Senator from California (Mrs. BOXER), speak for that time. poration of Smithfield.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.047 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2677 Anyway, with that as background, I pronounce it E-E-E-T-H-A-N-O-L. It is such, and ethanol exceeds what the law want to go to this article I pointed out ethanol. But people who are ignorant even requires. that was in the Wall Street Journal. about it don’t even know how to pro- A reduction of more than 20 percent The article says: ‘‘It is Getting Hard to nounce it. I don’t know whether Mr. compared to gasoline is not neutral. So Bring Home the Bacon.’’ Basically, Pope pronounced it right or not. the EPA has found ethanol production what the paper is saying in that head- According to the USDA, feed use con- has neutral to negative impact on the line is that because so much corn is sumes 37 percent of the U.S. corn sup- environment. Not so. If you remove used for ethanol, we are raising the ply, much more than the 23 percent EPA’s use of murky science sur- price of corn and that is driving up the consumed by ethanol production. So I rounding emissions from what is called price of food. hope Mr. Pope will put that in his pipe indirect land use—and that is kind of Well, I am on the floor to say that is and smoke it, because he is wrong on complicated, so I won’t go into that— a bunch of hogwash. This article was in that point. Ethanol is not diverting ethanol reduces greenhouse gas emis- the April 30 edition of the Wall Street corn away from feed use. sions by 48 percent compared to gaso- Journal, so if people want to read it Next, Mr. Pope claims: line. and check it against what I have to Ethanol policy has impacted the world I have heard Senators in the last 2 say, I am happy to provide that infor- price of corn. months on the floor of the Senate tell- mation. The article was based on an I am glad Mr. Pope raised that issue. ing all of us that ethanol was bad for interview with C. Larry Pope, CEO of He clearly has no idea how little an im- the environment, but a recent peer-re- Smithfield Foods, the largest pork pro- pact ethanol has on the global grain viewed study published in the Yale ducer and the largest pork processor. market. In fact, U.S. ethanol use rep- Journal of Industrial Ecology—all The opinion piece was intended to resents a mere 3 percent of the world’s those Ivy League people in the Senate share Mr. Pope’s view on rising food supply of coarse grain. In addition, the ought to have some allegiance to any- prices and also on the price of pork. global grain supply in 2010 to 2011 is 11 thing done by Yale University—says Mr. Pope puts much of the blame on percent larger than the 2000 to 2001 sup- that ethanol reduces greenhouse gas the Federal ethanol program. But I ply. emissions by up to 59 percent compared wish to address a number of the claims U.S. farmers happen to be the most to gasoline. made by Mr. Pope, and claims made in productive in the world. Since 1975, Mr. Pope also asserts that Pilgrim’s the opinion piece presumably based on American farmers have doubled U.S. Pride went bankrupt because of eth- statements by Mr. Pope. corn production from under 6 billion anol. Pilgrim’s Pride was a food proc- Mr. Pope claims, and I quote: bushels to over 12 billion bushels last essor. He stated: Now, 40 percent of the corn crop is directed year, and they have done it using es- The largest chicken processor in the United States, Pilgrim’s Pride, filed for to ethanol, which equals the amount that is sentially the same number of acres. bankruptcy. They couldn’t raise prices, so going into livestock food. Corn farmers today grow five times as their cost of production went up dramati- Right there, statistically, he is much corn as they did in 1930 on 20 per- cally. wrong. Let me point out how he is cent less land. Again, facts are stubborn things. On wrong. In 2010, 4.65 billion bushels of So for all those people out there who December 1, 2008, analysts cited the corn were used to produce 13 billion think there isn’t enough productivity primary cause of bankruptcy was their gallons of ethanol. But ethanol produc- in the American farmer or in our land large debt load, the result of the acqui- tion uses only the starch from a corn or in the efficiency of producing, I hope sition of a $1.3 billion rival they pur- kernel. So I want to hold up a bag of you understand that we are producing chased in 2007. Other factors included corn kernels. It would be better if I five times more corn than we did in low chicken demand and prices result- brought in an ear of corn, but this is 1930 but doing it on 20 percent less ing from the recession and poor com- the best way to transport it. These are land. Let me explain it another way. In modity hedging. But it had nothing to corn kernels. 1910, you know what powered agri- do with the price of ethanol and corn When ethanol uses only the starch culture? Horses and mules. And in that prices being high. So I hope Mr. Pope from the corn kernel, the result is that day, it took 90 million acres of land to will put that in his pipe and smoke it. more than one-third, or 1.4 billion grow the food to keep the animals that Another statement by Mr. Pope bushels of corn—and it is called dried powered agriculture alive and produc- seems to place all the blame on corn distiller’s grain, and this is what dried tive. That 90 million acres is equal al- farmers for rising food prices. He said: distiller’s grain is—was available as a most to the 92 million acres that will You eat eggs, you drink milk, you get a high-value livestock feed. In fact, what be planted to corn in the United States loaf of bread, and you get a pound of meat. is left over after you produce ethanol is this year. All of those are based on grains. of much more value than if you would Farmers are continuing to meet the That last part of the statement is ac- take the original corn kernels and use growing demand of ethanol, livestock curate. But let me tell you what is that by itself for animal feed. feed, and exports. So I hope that Mr. wrong with the relationship between Let’s go back to that quote. Pope will put that in his pipe and rising food prices and the price of Now, 40 percent of the corn crop is directed smoke it, because he needs to under- grain. Let us look at the U.S. Depart- to ethanol, which equals the amount that is stand how productive the American ment of Agriculture. The farm value of going into livestock food. grain farmer is. every food dollar is 19 cents. In other Well, on a net basis now, ethanol pro- The author of the opinion piece then words, if you spend $1 on food at the su- duction used only 23 percent of the U.S. makes a claim that has absolutely no permarket, only 19 cents of that goes corn crop—far less than the 40 percent basis in fact, so I guess I can’t at- into the pocket of the farmer. Of that that ethanol detractors claim. So once tribute this to Mr. Pope. The article 19 cents, the corn value of that farm- again, you have a bushel of corn—56 states: er’s income is 3 cents. pounds. Out of that 56 pounds of corn, The EPA has found ethanol production has So let us look at some of these you get 2.8 gallons of ethanol. When a neutral to negative impact on the environ- prices. You buy a box of corn flakes— you get done making the ethanol, you ment. 12.9 ounces. Only 5.6 cents goes to a have 18 pounds of dried distiller’s grain I have always said that ethanol is farmer if the corn is $4 a bushel. If corn that is left over. Anybody who isn’t ig- good for the environment, but here we is $6 a bushel, the farmer gets 8.6 cents norant about ethanol understands have the EPA being quoted stating it out of a whole package of corn flakes. there is still an animal feed product has a neutral to negative impact on the Soft drinks: $4 a bushel, the farmer left over. So you can’t say you are environment. The fact is, under the re- gets 6.6 cents. If it is $6 a bushel, he making ethanol out of corn and using newable fuels standard created in 2007, gets 10 cents. it all for ethanol and nothing for food, corn ethanol was required to reduce Beef: The farmer gets 18.2 cents at because this is a very efficient process. greenhouse gas emissions compared to the low end of corn prices, and 27.8 By the way, let me say this. You can gasoline by at least 20 percent. Corn cents at the higher end. tell about the ignorance over ethanol ethanol has exceeded that threshold. In I could go on with pork and chicken in this town because a lot of people other words, the law says such and and turkey and eggs and milk. But the

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.053 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2678 CONGRESSIONAL RECORD — SENATE May 4, 2011 point is, don’t blame the farmer when I can see he wants the farmers to the company, then. Smithfield may you buy a box of corn flakes because subsidize Smithfield if he wants to con- want to invest, then, in better econo- the farmer gets a little over a nickel, tinue getting corn for $2.40 a bushel, mists. or at most, if corn is higher priced, 8.6 but a farmer cannot subsidize the big According to an April 2011 study cents. So the farmer gets 19 cents in a corporations. Perhaps Mr. Pope would issued by the Center for Agricultural global way. Corn only accounts for 3 rather have us support government and Rural Development at Iowa State cents out of $1 of food that you buy. subsidies so long as they would allow University, only 14 cents or 8 percent The other 81 cents of that $1 goes to him to buy corn below the cost of proof the increase in corn prices from 2006 labor, goes to energy, goes to transpor- duction. to 2009 was due to ethanol subsidies. tation, goes to marketing, and goes to I can tell you this: A lot of people say The study also found that without the packaging. ethanol is the reason corn prices are ethanol subsidy, corn prices would The World Bank, in 2008, stated that high. It might be part of the reason. have averaged only 4 percent less over biofuels were a large contributor to ris- But let’s suppose you didn’t have any the same period of time. ing food prices. And you know what, 2 ethanol and you had $2.40 a bushel for Finally, the article calls into ques- years later, in 2010, they released a corn. You know darn well that a lot tion the value of ethanol to our Na- more thorough analysis that essen- more would be coming out of the tion’s energy supply. It states: tially dismissed that idea. So I want to Treasury to make sure the safety net The ethanol industry would supply only 4 quote from the World Bank report. for the family farmer was working percent of the nation’s annual energy needs even if it used 100 percent of the corn crop. . . . the effect of biofuels on food prices has than we give for an ethanol subsidy. not been as large as originally thought. . . . Regardless, at $7.40 a bushel, the corn This is a straw man. No one is argu- the use of commodities by financial inves- costs in a gallon of milk is about 46 ing that ethanol will replace our Na- tors may have been partly responsible for cents; the cost of corn in a pound of tion’s entire energy needs. Using just the 2007–2008 spike. chicken is about 34 cents; 1 pound of 23 percent of the corn crop, we are dis- So, for Mr. Pope, I hope he puts that beef takes about 92 cents worth of corn; placing nearly 10 percent of our Na- in his pipe and smokes it because he is and relative to Smithfield because they tion’s foreign oil dependence. Domestic wrong about the amount of corn and are big in pork, 1 pound of pork re- ethanol production ranks behind only the price of corn and the impact on quires about 39 cents of corn. So if that the United States and Canadian oil food prices, and the World Bank dis- $4.54-a-pound for bacon in the grocery production in terms of domestic trans- misses that as well. We even have the aisle contains only 39 cents worth of portation fuel supply. United Kingdom—I like to say Great corn, perhaps Mr. Pope should explain It is obvious that Saturday’s opinion piece in the Wall Street Journal was Britain instead of United Kingdom— to all of us—and, most important, to just another coordinated effort to un- their Department for Environment, the people who buy it, the consumer— dermine and scapegoat homegrown eth- Food and Rural Affairs concluded in where the other $4.15 or 91 percent of anol and America’s corn farmers to 2010 that ‘‘available evidence suggests the retail cost is going. that biofuels had a relatively small In addition, after the steep rise in help deflect criticism from big food contribution to the 2008 spike in agri- commodities in 2008, prices of corn and producers. Make no mistake, Smith- cultural commodity prices.’’ other commodities retreated very sig- field’s CEO, Larry Pope, is concerned with only one thing—Smithfield’s bot- In 2009, the Congressional Budget Of- nificantly. I don’t recall seeing from tom line. fice evaluated the increasing demand people like Smithfield, that when corn While companies such as Smithfield for corn to produce ethanol on food was $7 3 years ago and it went down to perpetuate a smear campaign to boost prices. Maybe I better start with the $3.58—I didn’t see a very dramatic drop their profits, American farmers and al- 5.1-percent increase in food prices for in prices at the grocery store after the ternative-fuel producers are working the year 2009. Of that 5.1 percent, just corn prices dropped, which leads me, as hard to produce a reliable and safe sup- one-half of 1 percent, between that and I have so often said on the floor of the ply of food, fiber, and feed for the Na- eight-tenths of 1 percent—I better say Senate, that these food processors need tion and the world. it more accurately. We have a 5.1-per- to scapegoat something to increase the That is the end of my reaction to cent increase in food prices. Only one- price of their product to the retailer what he, Mr. Pope, said, but I would half percent, maybe up to .8 percent of and the consumer. Then when the price like to end by saying that the market- that 5.1 percent was due to the demand goes down, they have increased their place will take care of this. You know, for ethanol, and about 10 percent of price but the price doesn’t go down ac- 30 years ago when we started an eth- just the increased price of food was be- cordingly. anol program, we produced about 100 cause of ethanol. Mr. Pope claims rising corn prices bushels of corn to the acre on average. In 2007, Informa Economics concluded are hurting his business. He said, ‘‘Ris- Today, nationally, I think it is about that ‘‘it is statistically unsupported to ing prices are already squeezing food 155 bushels of corn to the acre. In Iowa, suggest that high and/or rising corn producers 2 to 3 percent earnings mar- I think it is about 168; the year before, prices are the causative reason behind gins.’’ That is his quote. The statement it was 182. high and rising retail meat, egg and is rather surprising given the con- People who are experts in genetics milk prices.’’ tradictory earnings report for Smith- can say we will be able to double the Another point raised in this article field Foods that came out March 10, production of corn over the next 50 by Mr. Pope needs to be addressed. He 2011. Smithfield reported net income years. That is one way we can solve said, ‘‘Over the last several years, the for the quarter of $202 million, an in- this problem. The other way is that cost of corn has gone from a base of crease of $165 million over the same there is a massive amount of land in a $2.40 a bushel to today at $7.40 a bush- quarter in 2010. Mr. Pope stated at the lot of places on this Earth, and a great el.’’ While true, this all needs to be put time of the earnings report: ‘‘We are part of it is in West Africa, South Afri- in context. Over that same period of extremely pleased with the record per- ca, and parts of East Africa, where, if time, crude oil prices went from $50 a formance of our company in the third people would establish law guaran- barrel to nearly $150 a barrel. Today, it quarter. Year to date, our earnings teeing property rights, title to land, is over $110 a barrel. Gold prices went have surpassed that of our record there would not be governmental dis- from $500 an ounce to $1,500 an ounce year.’’ incentives to growing food, there would today. The reality of Smithfield’s record not be a cheap food policy—there would Mr. Pope would rather pay $2.40 a profits fails to validate the rhetoric. be a massive production of foodstuff in bushel for corn rather than $7.40. I un- According to the article—and here I am this world. derstand that. But does he know what quoting the article and not Mr. Pope: In the United States, we are going to impact that would have on agriculture? Smithfield’s economists estimate corn continue to produce more. There are If corn were only $2.40 a bushel, every prices would fall by a dollar a bushel if eth- going to be 4 million more acres of corn farmer today would be out of business anol blending wasn’t subsidized. grown this year than last year. because the cost of production is I guess if it is Smithfield’s econo- There are even some odd things being around $4 a bushel. mists, it must be coming directly from done because the price of corn is $7.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.053 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2679 From the Des Moines Register, this with generals Pershing and Patton. In War II, Mrs. Brown witnessed important headline, from a northern small com- 1931, Sally visited a friend from college events in history at close range. Born in munity of Iowa: At the Whittemore in Louisville, and here she met her fu- Valdez, Alaska, in 1911, decades later she ture husband, W.L. Lyons Brown. When would become a leader in the drive to save Golf Club, the golf course is going to be the Arctic National Wildlife Refuge in Alas- plowed up and planted with corn. There Lyons soon after wrote Sally’s parents ka and stood beside President Jimmy Carter are some extreme measures that will to tell them he was naming a race when he signed the act protecting it in 1980. be taken here to respond to the demand horse ‘‘Sally Shall,’’ they knew it had Widowed for almost 40 years from dis- for food or fiber or fuel. been love at first sight. tillery executive W.L. Lyons Brown, Sr., she Just remember, agriculture in Amer- The couple made their home in Lou- rejected a comfortable, quiet life and became ica has the capability—the dem- isville, where he was the president and an advocate for all sorts of causes related to the environment. She traveled to Frankfort onstrated capability to produce it all. chairman of Brown-Forman Corp., a Louisville-based company for over 140 to testify about the perils of strip mining We don’t grow crops just for food. We and always came armed with a battery of have always grown for food and fiber, years and one of the largest American- facts, which she eloquently expressed in pre- and for the last 30 years, food, fiber, owned spirits and wine companies. cise terms. and fuel. We can continue to do it, and Sally became a generous benefactor to She often said that to succeed as an advo- we are going to do it successfully, and Louisville institutions such as the cate on political issues a woman needs to the consumers of America are not Speed Museum, Locust Grove, the Ac- ‘‘act like a lady, look like a girl, think like tors Theatre of Louisville and Water- a man, and work like a dog.’’ going to pay for it. In fact, if we do not Besides her crusades, Sally Brown enjoyed continue to do that and keep the fam- front Park. life. She loved to ride, shoot and take care of ily farmer of the United States healthy She was instrumental in preserving her farm. She was as much at home on her and strong—and ethanol is a contribu- Locust Grove, the final home of Louis- tractor as she was in the corridors of power. tion to that—then we are not going to ville founder George Rogers Clark. She took pleasure in the accomplishments of be able to meet the needs of our soci- Where the home had once been aban- her children and grandchildren and always doned and in ill repair, today it is a challenged those she knew to push harder. ety. She lived well on a grand stage, and with I yield the floor. museum and National Historic Land- mark. her departure, our city has lost one of its vi- f Sally cared deeply and throughout sionary leaders. TRIBUTE TO ROBERT CVAR her long life for conservation and pres- f Mr. REID. Mr. President, today we ervation. She founded a conservation TRIBUTE TO DAVID AND IRENE congratulate an important Senate em- program to preserve the natural beauty MORRIS of the Kentucky River. She advocated ployee on retiring after 34 years of Mr. MCCONNELL. Mr. President, I dedicated service. Robert Cvar started for the preservation of federal national rise today to honor the extraordinary working at the Senate Recording Stu- wildlife refuges, and was present at the accomplishments of two of the most dio on August 1, 1977, as a film techni- bill signing by President Jimmy Carter dedicated and hard-working citizens of cian. He worked his way up the ladder that saw the culmination of her efforts. the Commonwealth, David and Irene to become a broadcast production di- She was a delegate to U.N. conferences, Morris of Hager Hill, KY. Working as a rector. In addition to television studio and traveled internationally to pro- team of husband and wife, David and mote wildlife conservation. production, Bob directs the very pro- Irene have worked tirelessly over the But most of all, Sally will be remem- ceedings that many Americans are years to strengthen and improve the bered for her enjoyment of life. She manufacturing industry in Johnson watching now on the Senate floor. loved to be outdoors, working on her Bob plans to spend his retirement County and throughout the State farm. Even in her later years you could through their work at the Atlantic with his wife Rocio and their daughter often see her riding around on top of India Rubber Company. Veronica, who turns 3 years old this her tractor. She was an artist, de- week. As a native of Minnesota, Bob is Although Irene and David’s native signer, and breeder of cattle, roots are in Michigan, the couple a diehard Minnesota Vikings fan. This thoroughbreds and Cavalier King moved to Kentucky when the Atlantic year, one of his lifelong dreams came Charles spaniels. India Rubber Company, a 92-year-old true when the University of Minnesota Sally inspired her family, friends and at Duluth won the national champion- all who knew her as she forged ahead company, moved its operations here ship for men’s hockey. with her many philanthropic and intel- from Illinois and Ohio in 2003. David I am proud of the many dedicated lectual interests, all while setting the and Irene were hired to oversee the employees like Bob that help this example as the matriarch of the Brown day-to-day operations of the facility. Chamber function. The entire Senate family since her husband’s passing in Their son and one other employee family extends our best wishes to Bob 1973. Together they had four children, joined them on their move, and the Cvar in his future endeavors. 12 grandchildren, and 29 great-grand- rest of their employees were hired lo- f children, and I want to express my con- cally. David and Irene’s decision to take on dolences to them and other family REMEMBERING SALLY BROWN their responsibilities as manager and members at this great woman’s pass- Mr. MCCONNELL. Mr. President, it is executive came at a time when the ing. with great sadness that I rise today to Mr. President, the Louisville Courier- State’s manufacturing job rate was on pay tribute and bid a fond farewell to a Journal recently published an editorial a steady decline. In recent years, Ken- remarkable philanthropist, a proud celebrating the life of Sally Brown. I tucky has lost too many of its manu- Louisvillian, a great-grandmother of ask unanimous consent that the full facturing jobs, with some especially 29, and a dear friend. Sadly, Sara hard-hit counties losing as many as article be printed in the RECORD. Shallenberger Brown—known by her There being no objection, the article one-third of their manufacturing em- friends as ‘‘Sally’’—passed away this was printed as follows: ployers. But thanks to David and Irene, April 30 in Louisville, just after cele- [From the Louisville Courier-Journal, May 2, this was not to be in Johnson County. brating her 100th birthday on April 14. 2011] The couple lived in their warehouse Sally was more than just a leading SALLY BROWN: A FORCE OF NATURE while trying to establish the business, citizen of Louisville and of Kentucky— Five years ago, when Kentucky Edu- and had to have machines shipped from she was a driving force of nature. cational Television produced a documentary other locations since the local business Through her energy, spirit, and great about her life, Sara Shallenberger Brown was community was geared more towards generosity, she made our city and our called ‘‘a force of nature.’’ the coal industry than manufacturing, Commonwealth better places to live. For most of the century through which she but they succeeded. As only one of nine Sally led a life that would not seem lived, she was precisely that. And with her manufacturing employers in the coun- out of place in an epic movie or novel. death on Saturday, the environmental move- ty, they have raised the local area’s ment and the community have lost a re- Born in Valdez, AK, in 1911, her father markable leader. manufacturing employment rate, and was a brigadier general who fought in The daughter of an Army general who have helped keep jobs from drifting France during World War I and served fought alongside George Patton in World overseas.

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.054 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2680 CONGRESSIONAL RECORD — SENATE May 4, 2011 Last spring, after the couple had ‘‘When we came on board here, we ran it them, Irene Morris said. She has a relation- poured nearly 10 years of their lives like it was ours. We put a lot of ourselves ship with the local chamber of commerce, into building the company, then-owner into it,’’ Irene Morris said. the judge-executive, state representatives. ‘‘I think we’re proud of what we do here.’’ Jim Green announced that he would be She said she personally knows the local UPS KENTUCKY’S MANUFACTURING SLIDE and FedEx workers, as well as bankers and retiring. With none of the interested suppliers. buyers having ties to Johnson County, Many manufacturers haven’t fared so well. Since 2005, Kentucky has lost more than 18 ‘‘They made us feel like a big deal, even David and Irene knew what they had to percent of its manufacturing jobs. Some though we were small,’’ Irene Morris said. do. Later that fall the couple an- counties have lost as many as a third of HANDS-ON MANAGERS nounced they were the new owners of their manufacturing employers and more The Morrises were managers, but they the Atlantic India Rubber Company. than 60 percent of manufacturing jobs, ac- knew every job in the business and were Because of their purchase, the rubber cording to the Kentucky Office of Employ- hands-on. They filled in for their workers, parts used on Harley Davidson motor- ment and Training. The Morrises’ purchase and they trained a press operator to fill in cycles, Arctic Cat snowmobiles, and of Atlantic India Rubber helped Johnson for them. They bought a house and two cars, Boeing jets would still be made in the County buck that trend. and their son eventually moved on to other The company is one of nine manufacturing jobs. heart of the Commonwealth, and eight employers in the county. Atlantic India’s ‘‘We’re just ordinary people,’’ Irene Morris hardworking people would still have eight employees count for less than 10 per- said. She didn’t have aspirations to ‘‘get their jobs. With combined help from cent of the 135–strong manufacturing labor rich’’ or even to own her own business until the Southeast Kentucky Economic De- force in the county. a couple of years ago, when her boss decided But since 2005, Johnson County’s manufac- velopment Corporation and the Moun- to retire and sell. turing employment has grown by nearly 12 tain Association for Community Eco- There were interested buyers, but none nomic Development, David and Irene percent. The rubber company has an old brand with ties to Johnson County. The economy secured a $1.3-million loan to buy the name, but before it moved to Johnson Coun- was starting to slide, manufacturing jobs na- company and the location. ty, it was really just a distributor. Contrac- tionwide were disappearing, and the Atlantic Irene once said that at first she was tors made all the parts, Irene Morris said. India brand might have been valuable hesitant to take on her responsibilities ‘‘We were a start-up in the sense that for enough to those outside buyers without at Atlantic India Rubber Company for probably 30 or maybe more years, it was keeping the manufacturing in Kentucky. fear of failure. Well, as she discovered, maybe just a distribution center,’’ she said. A few years earlier, a major Johnson Coun- ‘‘Distribution isn’t all that much cost to set ty manufacturer, American Standard plumb- along with her employees and the resi- ing parts, had sent hundreds of jobs to Mex- dents of Johnson County, failure was up; manufacturing is because you’ve got all your presses. ico. The Morrises feared Atlantic India simply not in the cards for the ‘‘Coming into this area, that was probably would have had a similar fate. Morrises. It is people like them, who one of the biggest challenges we’ve had. No The couple made contacts with local gov- have extraordinary aspirations and one in this area had experience.’’ ernment and non-profit groups, as well as faith in themselves and in Kentucky, They brought two employees from Michi- the state Cabinet for Economic Develop- that continue to make the Common- gan, including their son, who now manages a ment. wealth a thriving and positive place to restaurant in Paintsville. But they hired the The Morrises are part of a trend, said Eco- rest of their employees locally. nomic Development Commissioner Erik work and live. The Morrises worked to improve the qual- Dunnigan. Mr. President, the Lexington Herald- ity of their products and relationships with In 2010, 84 percent of job growth and invest- Leader recently published an article customers. Atlantic India’s owner, Jim ment growth came from existing local com- highlighting the impressive careers of Green, was a former Johnson Countian who panies, as opposed to companies new to Ken- David and Irene, and I ask unanimous knew the area but lived in Florida. He trust- tucky: ‘‘That’s redirecting our efforts,’’ consent that the full article be printed ed Irene and David Morris to run the busi- Dunnigan said. in the RECORD. ness as though it were their own. In September 2009, Atlantic India started There being no objection, the article Irene Morris said her husband, who had talking with Mountain Association for Com- served in Germany and Spain in the Army, was printed as follows: munity Economic Development, a Berea was the one who talked her into pulling up non-profit. MACED and Southeast Kentucky [From Kentucky.com, Jan. 29, 2011] her Michigan roots to move to Johnson Economic Development, a London non-prof- JOHNSON COUNTY COUPLE BUYS OUT County in the first place. it, began the year-long process to help Atlan- EMPLOYER, KEEPS JOBS IN KENTUCKY ‘‘I didn’t have a lot of faith in my ability,’’ tic India secure nearly $1.3 million in financ- (By Dori Hjalmarson) Irene Morris said. ing to buy the company and the building She had gone to college to be a social KY. MANUFACTURING EMPLOYMENT WOES they were leasing. worker but got a job as a trimmer at another Percent Change in Employment, 2005–2009 Irene Morris had to write an application rubber company. She has learned the busi- for the loan, a three-year forecast, growth United States—16.8 ness from the ground up over 20 years. She projections and a business plan. Kentucky—18.6 and David met working for the same rubber She said she knew the manufacturing side Johnson Co.—11.6 company, before they were hired by Atlantic —Kentucky Office of Employment and of her work, but she had to learn quickly India. about the financial side. Training There were advantages to working in John- Half of the loan came from a federal Small HAGER HILL.—Irene and David Morris could son County: Their boss knew the area and Business Administration program handled by have packed up and taken jobs elsewhere, wanted to move; costs were lower than those SKED: the other half came from MACED. If maybe back home in Ohio or Michigan, when in factory-saturated Ohio and Michigan; the the couple defaults, the organizations would the owner of the manufacturing company re- small-town atmosphere and cost of living ap- seize the business and property. tired and sold out. If that had happened, At- pealed to the couple. The feeling, when they signed their names lantic India Rubber Co. grommets and parts But there were problems, too. The local to the loan, was both empowerment and might be made in China now. business community isn’t geared toward trepidation. But the Morrises—working as manager and manufacturing. executive—decided they’d poured nearly 10 ‘‘In Michigan,’’ David Morris said, parts ‘‘We’ve never been that far ever in debt,’’ years of their life into building the factory makers used to be so plentiful ‘‘you could David Morris said. in Johnson County. just go around the corner and find what you But he believed in his wife. Irene Morris is They cared about their employees, all need.’’ officially the 51 percent owner, which gives hired locally when the 92-year-old company Now, the Morrises need a tool-and-die the company a leg up in some contracts be- moved from Illinois and Ohio in 2003. They maker, for example, but the market is so cause it can call itself a ‘‘woman-owned’’ cared that the rubber parts used on Harley geared toward the coal industry, they aren’t business. Davidson motorcycles and Arctic Cat snow- sure where to start looking locally. Also, The fact that the Morrises know the busi- mobiles and Boeing jets are made in the they are pleased that one of their Oregon ness so well made them good candidates for U.S.A. They wanted to save their jobs. And contractors might be opening up facilities in a loan, said Justin Maxson, president of ultimately, Irene Morris said, the company Ohio, cutting travel and distribution costs. MACED. survived ‘‘one of the toughest years ever’’ for When they first moved to Hager Hill, Irene Irene Morris said she might have given up manufacturers, so ‘‘we knew the business and David Morris lived in their warehouse trying to get the loan if not for such encour- was sound.’’ while trying to establish the business. They agement from MACED and Southeast Ken- So the couple, whose children are grown had to have machines shipped in and find tucky Economic Development. and whose only debt was a mortgage and a workers they could train to run them. When she’s ready to retire in 20 years, Mor- car loan, borrowed nearly $1.3 million to buy They still feel like outsiders in Johnson ris said, ‘‘I would like to see a couple of our out their employer last summer. County, but local leaders have welcomed employees be able to buy the business.’’

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.035 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2681 HONORING OUR ARMED FORCES ARMENIAN GENOCIDE Over the last few years, Armenia and REMEMBRANCE DAY, 2011 Turkey have engaged in an important LIEUTENANT MATTHEW IRA LOWE AND LIEUTEN- ANT NATHAN HOLLINGSWORTH WILLIAMS Mr. LEVIN. Mr. President, each year dialogue on normalizing relations. This Mrs. BOXER. Mr. President, today I we commemorate Armenian Genocide process has unfortunately stalled, and ask my colleagues to join me in paying Remembrance Day. April 24 came dur- should be reinvigorated to remove barriers and promote reconciliation be- tribute to two dedicated Navy officers ing our recess this year and marked tween the two countries. In addition, who were tragically killed in a training the 96th anniversary of the date in 1915 Turkey, as a NATO ally, has played an accident in my home State of Cali- when Turkish Ottoman authorities or- important role in the enforcement of fornia. dered the rounding up and detention of the U.N. resolutions regarding Libya LT Matthew Ira Lowe and LT Nathan hundreds of Armenian intellectual and the protection of the Libyan people Hollingsworth Williams died on April 6, leaders, civic leaders, writers, priests, from brutal attacks by the Qadhafi re- 2011, after their F/A–18F Super Hornet teachers, and doctors. Many of these leaders would eventually be executed. gime. crashed near the Lemoore Naval Air So in honor of the 97th anniversary of Station in central California. Lieuten- What followed between 1915 and 1923 was an organized campaign of deporta- Armenian Genocide Remembrance ants Lowe and Williams were assigned Day, let us rededicate ourselves to the to Strike Fighter Squadron VFA–122, tion, expropriation, conscription, star- vation, and other atrocities that re- prevention of mass atrocities and the based at Lemoore Naval Air Station. principles of justice and understanding, LT Matthew Ira Lowe of Plantation, sulted in the deaths of over 1.5 million Armenians. Large numbers of Arme- which are essential for the promotion FL, had a lifelong passion for flying. of human dignity. He received an engineering degree from nians fled their homeland to seek safe- f the University of Central Florida in ty elsewhere, including in Michigan 2001. While in college, he also earned and other communities in the United REMEMBERING CONGRESSMAN States. We remember the tragic events his pilot’s license. He later joined the ROBERT DUNCAN of this period to honor those who died Navy and received his commission Mr. WYDEN. Mr. President, I rise and to show our respect and solace for through Officer Candidate School in today to recognize a man who deserves those who survived the suffering in- February 2003. Most recently, Lieuten- his own branch on the tree of Oregon flicted on the Armenian people. ant Lowe served as an instructor, and We also remember the Armenian politics. Former Congressman Robert B. Dun- had been training to become a pilot for Genocide to remind ourselves of the can, died Friday in Portland at the age the elite Blue Angels exhibition team. evil which mankind is capable of and to of 90. He will long be remembered for A decorated pilot who earned the reaffirm our collective commitment to what he achieved in reviving the Or- Navy/Marine Corps Achievement Medal a future in which such mass atrocities egon Democratic Party in the years and the National Defense Service will not be repeated. While the horrific after World War II and being elected to Medal, Lieutenant Lowe will be re- abuses suffered by the Armenians have represent two of Oregon’s congres- membered by those who served with been described as the first genocide of sional districts during the 1960s and him for his sense of humor and out- the 20th century, they were soon fol- going personality. Lieutenant Lowe is 1970s where he championed such great lowed by other genocides and mass causes as civil rights and the war on survived by his parents Ira and Pamela atrocities, including the Holocaust, Lowe, and two elder siblings. He was 33 poverty. which Hitler said could be pursued be- He will also be remembered as some- years old. cause ‘‘Who, after all, speaks today of A native of Oswego, NY, LT Nathan one who bravely took on two of Or- the annihilation of the Armenians?’’ As egon’s iconic figures. Bob Duncan ran Hollingsworth Williams attended the the tragedies in Rwanda, Bosnia, University of Rochester on a Navy Re- unsuccessfully for the U.S. Senate Darfur and elsewhere show, when man- three times, narrowly losing to names serve Officer Training Corps scholar- kind turns a blind eye to an unfolding ship. Upon graduating with honors in that are familiar to everyone in this massacre, those who would use whole- room—Wayne Morse and Mark Hat- mathematics in 2004, he reported for sale violence against others are duty at Naval Air Station Pensacola field. emboldened to believe they can act On a personal note, I might also add for flight training where he earned his with impunity. that Bob Duncan was the incumbent naval flight officer wings. Lieutenant More recently, the international and my opponent in the 1980 primary Williams was deployed to Afghanistan, community has come together to pre- race for Oregon’s 3rd Congressional where he served aboard the U.S.S. vent a massacre of civilians from oc- District. When I won that race I was Theodore Roosevelt, providing air sup- curring in Libya. The memory of the afraid that I had made an enemy for port for U.S. ground troops. After re- tragic consequences of mankind’s col- life out of someone who was revered in turning from Afghanistan, Lieutenant lective failure to act in the past has State Democratic circles. I couldn’t Williams was chosen as a flight in- helped to motivate world leaders to have been more wrong. He reached out structor at Lemoore Naval Air Station. commit at the United Nations to the to me and became both a friend and a For his service, Lieutenant Williams protection of the Libyan people against supporter. received a number of awards including the murderous threats of the Qadhafi Throughout his life, Bob Duncan was two Presidential Air Medals, the Af- regime. a major force in Oregon politics, shap- ghanistan Campaign Medal with Star, It is also important to remember the ing the state through his various roles Global War on Terrorism Service events of 1915–1923 with honesty and in- as speaker of the Oregon House to in- Medal, Pistol Marksmanship Medal, tegrity for reconciliation and healing fluential member of the House appro- and Sea Service Deployment Ribbon. A to occur. Some have sought to deny priations subcommittee on transpor- dedicated Buffalo Bills fan, he will be that these events constituted genocide. tation where he played a key role in remembered as a kind and caring per- But the devastating effects of the Otto- bringing light rail to the streets of son who was always willing to lend a man Turkish regime’s systematic en- Portland. His public life ended in 1987 hand to those in need. Lieutenant Wil- gagement in the killing and deporta- when he stepped down as chairman of liams is survived by his wife Meredith; tion of the Armenian community can- the Northwest Power Planning Coun- his parents Alan and Gay Williams; and not be denied. The consequences of cil. his brothers Jeffrey and Seth. He was these acts are with us today among the Bob’s service in Congress covered a 28 years old. Armenian diaspora living and thriving pivotal time in American politics the Nothing can fully account for the throughout the world and in the ten- war in Vietnam. In 1966, at the urging loss suffered by the families of Lieu- sions within the Caucasus region. The of President Lyndon Johnson, Bob gave tenants Lowe and Williams, and all costs of these violent acts to the vic- up his congressional seat from south- those who loved them. But I hope they tims and the survivors must not be dis- ern Oregon to run for the Senate can take comfort in the knowledge counted through denial. against then-Governor Mark Hatfield. that they will be forever honored and These acts were not committed by It was a nationally watched race pit- remembered by a grateful Nation. the present day Republic of Turkey. ting Duncan, a proponent of the war,

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.001 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2682 CONGRESSIONAL RECORD — SENATE May 4, 2011 against Hatfield, one of the Nation’s This commitment to quality care has ships directly impacting the quality of earliest opponents of the United led to a litany of medical break- care. This partnership is a significant States’ Vietnam policy. throughs and discoveries that are re- reason for VA research being so suc- Two years later, Bob lost by only spected and have been utilized around cessful at finding innovative solutions about 10,000 votes when he ran against the world. Without the tireless efforts to health care problems. Because of Wayne Morse in the Democratic pri- of VA researchers, the medical commu- this collaboration, VA scientists and mary for Oregon’s other Senate seat. nity would not have lifesaving tools researchers have access to both VA Morse eventually lost to Republican such as the pacemaker and the heart medical centers and various university Bob Packwood. In 1972, he lost again to stint. Without the breakthroughs of medical centers to conduct their re- Morse in a Democratic primary for the VA research, the world may never have search. This partnership brings to- U.S. Senate. seen a successful liver transplant, a gether the brightest minds of our med- Never one to remain idle, Duncan safer cure for tuberculosis, or genetic ical and scientific communities and having moved to Portland, won an open mapping that may one day lead to the yields positive results for our veterans. congressional seat in 1974, making him eradication of Alzheimer’s disease. The I am proud to have been a long-time, the only person in Oregon history to many successes of VA research con- ardent supporter of VA research. I represent U.S. House districts in dif- tinue today as ongoing projects close know that VA’s world-class researchers ferent parts of the State. in on a possible cure for cancer, create could easily work elsewhere, but they But Bob Duncan’s life should not be new pharmaceutical solutions for seri- continue to work with the Department defined by races won and lost. He was a ous mental illness, and build new pros- in fulfilling its obligations to con- tireless advocate for civil liberties, thetics and assistive devices that make stantly improve the quality of care for civil rights and eliminating the a return to normal life possible for our our veterans. At a time when more and scourge of poverty in America. His wounded warriors. more veterans are coming home from friends and you can count me among VA research holds the promise to im- war and relying on VA for their health them remember him as tenacious and prove treatment and rehabilitation for care needs, we here in Congress must hard working with a brilliant legal our Nation’s veterans. From developing make sure we can lead the way with a mind. new prosthetics to understanding and strong investment in our veterans and I will always remember him as a treating traumatic brain injuries, vet- the high quality care we are committed larger-than-life figure who loved tell- erans can be certain that VA medical to providing them. ing stories and never let politics get- staff will always be prepared to best f ting in the way of doing what he felt heal their wounds. Wounds, both visi- was right. Despite running a hard- ble and invisible, must receive the best ADDITIONAL STATEMENTS fought race against each other, Duncan care and treatment possible, and I am proud that VA is leading the way on and Mark Hatfield became close friends 60TH ANNIVERSARY OF BUENO new treatments for post-traumatic and working partners. Thanks to Hat- FOODS field’s efforts, a government building stress disorder, PTSD. in downtown Portland now bears Dun- VA breakthroughs in the treatment ∑ Mr. BINGAMAN. Mr. President, ‘‘red can’s name. of PTSD have not only helped thou- or green?’’ That is the question. As Please join me in extending my con- sands of veterans but have served as an anyone who has ever dined in my State dolences to his wife Kathryn and his example for both the American and well knows, this inquiry refers to children. All of Oregon shares in their international mental health commu- whether one prefers the zesty green loss. nity. Most recently, VA has been a re- chile or the piquant red chile when or- f source for the people of Japan while dering New Mexico’s unique native cui- they grapple with the mental wounds sine. In fact, in my State of New Mex- NATIONAL VA RESEARCH WEEK of the tragic earthquake and tsunami ico ‘‘red or green’’ is our official State Mrs. MURRAY. Mr. President, I that so violently shook that country question, and as I understand it, New would like to recognize the accom- earlier this year. Today, while the first Mexico is the only State that has des- plishments and discoveries of inves- responders and the resilient people of ignated a State question. tigators and scientists at the Depart- Alabama and the areas affected by re- For hundreds of years, chile has been ment of Veterans Affairs, VA, who cent tornado destruction begin phys- central to the culture of New Mexico. have brought about critical advances ically rebuilding their homes and com- Early Spanish settlers brought the in health care delivery and medical munities, they can rely on the Psycho- chile plant to New Mexico from the knowledge through innovative medical logical First Aid Field Operations Valley of Mexico. Today, growing and research. These researchers and the Guide to provide tips on how to begin processing chile peppers is New Mexi- veterans that make it all possible will the healing process. co’s signature industry providing about be honored this week by National VA Medical and scientific advances from 5,000 jobs and a total value of about Research Week, which celebrates the VA research have often come through $400 million per year. The chile pepper historic success of VA research collabo- collaboration. VA has the privilege of and the frijole—or pinto bean—are also rations through this year’s theme of relying on one of our Nation’s greatest the State’s official vegetables. ‘‘Discovery and Collaboration for Ex- assets, the men and women who serve. Today I honor the Baca family of Al- ceptional Health Care.’’ I would like to These veterans understand that often- buquerque and the 60th anniversary of share some of the amazing break- times, their participation in VA Re- Bueno Foods. Just as chile peppers are throughs that have resulted from VA search may not directly benefit their integral to New Mexican cuisine, for research and that have advanced the lives. Instead, they continue to serve generations Bueno Foods has been inte- quality of health care for all Ameri- their fellow Americans by trying to en- gral to the preparation of delicious cans. sure better quality care for those who products made from chile. The Baca At the conclusion of World War I, it return from armed conflicts in the fu- family is a pillar of New Mexico busi- was clear that servicemembers return- ture. By partnering with 1 million vet- ness and of the Barelas neighborhood ing from a new type of warfare needed erans, VA is launching the Million Vet- in the South Valley of Albuquerque. innovative medical treatment. VA re- eran Project, an effort to learn more Three brothers, Joe, Ray, and August search began conducting hospital-based about how genetics affect health. Baca, members of a long-established medical studies in 1925 and since then VA also has the ability to partner New Mexican family, returned to New has continued to publish significant re- with some of the best medical research Mexico in 1946 from serving in World search studies on a regular basis. While institutions through their relationship War II. They opened a local grocery, VA research studies have changed dra- with the Association of American Med- the Ace Food Store in Barelas. Soon matically over the years to reflect the ical Colleges. This year’s theme marks they started offering their mother’s needs of veterans of each conflict, the the 65th anniversary of an agreement legendary cooking, adding a carry-out goal of providing quality care has re- which allowed VA to join with medical component to the store. At first, from mained paramount. schools and create innovative partner- the kitchen of their childhood home,

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.033 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2683 they made corn and flour tortillas, colleagues to join me today in hon- speak for all of my colleagues in the tamales and posole. oring his memory. Abe, who was a Senate in mourning the loss of Abe The homemade traditional New champion of the rights of America’s Breehey and paying tribute to the life Mexican dishes were an immediate hit. working men and women, passed away of this vibrant and successful young Then, the Baca brothers had an idea. suddenly last month from complica- man.∑ They talked about it around the supper tions related to a brain tumor. He was f table with their mother and father. just 34 years old. They talked about it day and night. It Abe was a well-respected friend and MESSAGES FROM THE PRESIDENT was the early 1950s and every house- colleague to many in the Senate. As di- Messages from the President of the hold was getting a freezer. Commercial rector of Legislative Affairs and spe- United States were communicated to frozen vegetables were becoming the cial assistant to the international the Senate by Mr. Pate, one of his sec- rage. The brothers asked themselves president of the International Brother- retaries. two questions: Why couldn’t they take hood of Boilermakers, Iron Ship Build- f a piece of their heritage, New Mexico’s ers, Blacksmiths, Forgers and Helpers, fresh-roasted green chile, and preserve he tirelessly represented workers EXECUTIVE MESSAGES REFERRED it? Why couldn’t they start with an au- across the country. He also served as As in executive session the Presiding tumn tradition and use freezers to chairman of the AFL–CIO Building and Officer laid before the Senate messages make it last until the following year’s Construction Trades Department’s from the President of the United harvest? Legislative Task Force. States submitting sundry nominations Thus, the Baca brothers were the Abe worked closely with the Senate which were referred to the appropriate first to flame roast green chile and Environment and Public Works Com- committees. freeze it on a commercial scale. No mittee, which I chair, in our efforts to (The nominations received today are equipment existed, so they had to build promote clean energy jobs. He rep- printed at the end of the Senate pro- it. No process existed, so they had to resented labor interests with passion ceedings.) invent it. And on May 18, 1951, Bueno and intellect and was a powerful advo- Foods was born. cate for the role of workers in moving f Bueno Foods has grown steadily from the U.S. toward a clean energy future. MESSAGE FROM THE HOUSE that small neighborhood grocery store He was, in the words of International into a producer of 150 unique New Brotherhood of Boilermakers President At 12:10 p.m., a message from the Mexican and Mexican food products, Newton B. Jones, the union’s ‘‘point House of Representatives, delivered by spreading ‘‘el sabor de Nuevo Mexico’’ man on Capitol Hill,’’ who advanced Mrs. Cole, one of its reading clerks, an- across the State and the Nation. Now many critical causes on behalf of work- nounced that the House has passed the owned and operated by the second gen- ing men and women ‘‘with boundless following bill, in which it requests the eration of the Baca family in the same enthusiasm and determination.’’ concurrence of the Senate: South Valley neighborhood, Bueno Abe’s work was not limited to the H.R. 1213. An act to repeal mandatory Foods employs about 220 people year- U.S. Congress. He also worked inter- funding provided to States in the Patient Protection and Affordable Care Act to estab- round and up to 350 during peak chile- nationally on efforts to control global lish American Health Benefit Exchanges. roasting season. The Baca family is warming, representing the Inter- also active in the New Mexico Chile As- national Brotherhood of Boilermakers f sociation, a nonprofit organization in international negotiations under the MEASURES READ THE FIRST TIME composed of growers and producers United Nations Framework Convention The following bill was read the first fighting to ensure the chile industry on Climate Change. time: remains and prospers in New Mexico. Abe received his bachelor’s degree The Baca family has always believed from Sienna College in Loudonville, H.R. 1213. An act to repeal mandatory in giving back to its community. To NY, and his master’s degree in public funding provided to States in the Patient Protection and Affordable Care Act to estab- help mark the 60th anniversary cele- policy from the Rockefeller College of lish American Health Benefit Exchanges. bration, Bueno Foods is focusing on Public Affairs and Policy at the Uni- four elements that are important to versity of Albany. He was also a grad- f the family and their company: improv- uate of the Trade Union Program at EXECUTIVE AND OTHER ing the environment by planting 60 cot- Harvard Law School. Prior to joining COMMUNICATIONS the Boilermakers, he served as legisla- tonwood trees to replace those de- The following communications were tive assistant for Representative stroyed in last year’s bosque fire in laid before the Senate, together with Barelas; preserving their culture by DOGGETT. As anyone who worked with him can accompanying papers, reports, and doc- giving away special Autumn Roast uments, and were referred as indicated: Chile grown in Hatch, NM; supporting tell you, Abe was an extraordinary per- literacy and education by providing 600 son. Always full of cheer, he possessed EC–1401. A communication from the Direc- a gift for finding common ground on tor of the Regulatory Management Division, copies of the children’s book ‘‘Tia Office of Policy, Environmental Protection Tamales’’ to low-income schools in tough issues, and he was taken from Agency, transmitting, pursuant to law, the New Mexico; and contributing to 60 this world far too early. report of a rule entitled ‘‘Fluopicolide; Pes- community charities that focus on the On Thursday, April 14, Abe passed ticide Tolerances’’ (FRL No. 8859–9) received basic needs of education, hunger, and away, leaving a loving wife, Sonya, and during adjournment of the Senate in the Of- stronger communities. beloved daughter, Abigail. He is also fice of the President of the Senate on April It is an honor to congratulate Jackie, survived by his parents Ray and Carol 18, 2011; to the Committee on Agriculture, Gene, Catherine, and Ana Baca and the Breehey, sister Rachel Breehey Mollen, Nutrition, and Forestry. three nieces, and a nephew. Our EC–1402. A communication from the Direc- Baca family on their 60 years of success tor of the Regulatory Management Division, with Bueno Foods, to thank them for thoughts and prayers go out to his lov- Office of Policy, Environmental Protection all their good work in the South Valley ing family and many friends. Agency, transmitting, pursuant to law, the and throughout New Mexico, and to re- The U.S. Congress and workers report of a rule entitled ‘‘Data Requirements member those far-sighted brothers who across the country have lost a tireless for Antimicrobial Pesticides; Notification to started it all with a good idea and a advocate, trusted colleague and friend, the Secretaries of Agriculture and Health chile roaster.∑ and Abe will be greatly missed. Al- and Human Services’’ (FRL No. 8861–7) received during adjournment of the Senate in f though his life was short, Abe unques- tionably left his mark and he made a the Office of the President of the Senate on REMEMBERING ABRAHAM difference in the lives of working peo- April 19, 2011; to the Committee on Agri- BREEHEY culture, Nutrition, and Forestry. ple everywhere. He will serve as an in- EC–1403. A communication from the Direc- ∑ Mrs. BOXER. Mr. President, it is spiration for all of us going forward, tor of the Regulatory Management Division, with deep sadness that I pay tribute to and we will build on his important Office of Policy, Environmental Protection Abraham ‘‘Abe’’ Breehey, and I ask my work to honor his legacy. I know I Agency, transmitting, pursuant to law, the

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.012 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2684 CONGRESSIONAL RECORD — SENATE May 4, 2011 report of a rule entitled ‘‘Triflusulfuron- Committee on Agriculture, Nutrition, and tired list; to the Committee on Armed Serv- methyl; Pesticide Tolerances’’ (FRL No. Forestry. ices. 8871–4) received during adjournment of the EC–1412. A communication from the Con- EC–1422. A communication from the Sec- Senate in the Office of the President of the gressional Review Coordinator, Animal and retary of the Air Force, transmitting, pursu- Senate on April 19, 2011; to the Committee on Plant Health Inspection Service, Department ant to law, a report relative to the Program Agriculture, Nutrition, and Forestry. of Agriculture, transmitting, pursuant to Acquisition Unit Cost and the Average Pro- EC–1404. A communication from the Direc- law, the report of a rule entitled ‘‘Gypsy curement Unit Cost for the restructured Na- tor of the Regulatory Management Division, Moth Generally Infested Areas; Additions in tional Polar-orbiting Operational Environ- Office of Policy, Environmental Protection Indiana, Maine, Ohio, Virginia, West Vir- mental Satellite System exceeding the Ac- Agency, transmitting, pursuant to law, the ginia, and Wisconsin’’ (Docket No. APHIS– quisition Program Baseline values; to the report of a rule entitled ‘‘Pyrasulfotole; Pes- 2010–0075) received during adjournment of the Committee on Armed Services. ticide Tolerances’’ (FRL No. 8869–5) received Senate in the Office of the President of the EC–1423. A communication from the Sec- during adjournment of the Senate in the Of- Senate on April 18, 2011; to the Committee on retary of the Air Force, transmitting, pursu- fice of the President of the Senate on April Agriculture, Nutrition, and Forestry. ant to law, a report relative to the Program 26, 2011; to the Committee on Agriculture, EC–1413. A communication from the Health Acquisition Unit Cost and the Average Pro- Nutrition, and Forestry. Physicist, Army Safety Office, Department curement Unit Cost for the C–27J program EC–1405. A communication from the Direc- of Defense, transmitting, pursuant to law, exceeding the Acquisition Program Baseline tor of the Regulatory Management Division, the report of a rule entitled ‘‘Radiation values; to the Committee on Armed Services. Office of Policy, Environmental Protection Sources on Army Land’’ (RIN0702-AA58) re- EC–1424. A communication from the Under Agency, transmitting, pursuant to law, the ceived during adjournment of the Senate in Secretary of Defense (Acquisition, Tech- report of a rule entitled ‘‘Mefenpyr-diethyl; the Office of the President of the Senate on nology and Logistics), transmitting, pursu- Pesticide Tolerances’’ (FRL No. 8870–9) re- April 26, 2011; to the Committee on Armed ant to law, a report relative to the realistic ceived during adjournment of the Senate in Services. survivability testing of the Littoral Combat the Office of the President of the Senate on EC–1414. A communication from the Under Ship (LCS); to the Committee on Armed April 26, 2011; to the Committee on Agri- Secretary of Defense (Personnel and Readi- Services. EC–1425. A communication from the Under culture, Nutrition, and Forestry. ness), transmitting a report on the approved Secretary of Defense (Acquisition, Tech- EC–1406. A communication from the Direc- retirement of Lieutenant General Robert L. nology and Logistics), transmitting, pursu- tor of the Regulatory Management Division, Van Antwerp, Jr., United States Army, and ant to law, ninety-five (95) Selected Acquisi- Office of Policy, Environmental Protection his advancement to the grade of lieutenant tion Reports (SARs) for the quarter ending Agency, transmitting, pursuant to law, the general on the retired list; to the Committee December 31, 2010 (DCN OSS 2011–0710); to the report of a rule entitled ‘‘Metiram; Pesticide on Armed Services. Tolerances’’ (FRL No. 8869–1) received during EC–1415. A communication from the Direc- Committee on Armed Services. EC–1426. A communication from the Assist- adjournment of the Senate in the Office of tor of Defense Procurement and Acquisition ant Secretary, Bureau of Political-Military the President of the Senate on April 26, 2011; Policy, Department of Defense, transmit- Affairs, Department of State, transmitting, to the Committee on Agriculture, Nutrition, ting, pursuant to law, the report of a rule en- pursuant to law, an addendum to a certifi- and Forestry. titled ‘‘Defense Federal Acquisition Regula- cation, transmittal number: DDTC 11–011, of EC–1407. A communication from the Direc- tion Supplement; Acquisition of Commercial the proposed sale or export of defense arti- tor of the Regulatory Management Division, Items’’ ((RIN0750-AG23)(DFARS Case 2008– cles, including technical data, and defense Office of Policy, Environmental Protection D011)) received during adjournment of the services to a Middle East country regarding Agency, transmitting, pursuant to law, the Senate in the Office of the President of the any possible affects such a sale might have report of a rule entitled ‘‘Aluminum tris(0- Senate on April 25, 2011; to the Committee on relating to Israel’s Qualitative Military Edge ethylphosphonate), Butylate, Chlorethoxy- Armed Services. over military threats to Israel; to the Com- fos, Clethodim, et al.; Tolerance Actions’’ EC–1416. A communication from the Under mittee on Armed Services. (FRL No. 8869–6) received during adjourn- Secretary of Defense (Personnel and Readi- EC–1427. A communication from the Assist- ment of the Senate in the Office of the Presi- ness), transmitting a report on the approved ant Secretary, Bureau of Political-Military dent of the Senate on April 21, 2011; to the retirement of Vice Admiral Peter H. Daly, Affairs, Department of State, transmitting, Committee on Agriculture, Nutrition, and United States Navy, and his advancement to pursuant to law, an addendum to a certifi- Forestry. the grade of vice admiral on the retired list; cation, transmittal number: DDTC 11–014, of EC–1408. A communication from the Direc- to the Committee on Armed Services. the proposed sale or export of defense arti- tor of the Regulatory Management Division, EC–1417. A communication from the Under cles, including technical data, and defense Office of Policy, Environmental Protection Secretary of Defense (Personnel and Readi- services to a Middle East country regarding Agency, transmitting, pursuant to law, the ness), transmitting a report on the approved any possible affects such a sale might have report of a rule entitled ‘‘Carbon Dioxide; retirement of Vice Admiral David J. Dorsett, relating to Israel’s Qualitative Military Edge Exemption from the Requirement of a Toler- United States Navy, and his advancement to over military threats to Israel; to the Com- ance’’ (FRL No. 8873–1) received in the Office the grade of vice admiral on the retired list; mittee on Armed Services. of the President of the Senate on May 2, 2011; to the Committee on Armed Services. EC–1428. A communication from the Assist- to the Committee on Agriculture, Nutrition, EC–1418. A communication from the Under ant Secretary, Bureau of Political-Military and Forestry. Secretary of Defense (Personnel and Readi- Affairs, Department of State, transmitting, EC–1409. A communication from the Direc- ness), transmitting a report on the approved pursuant to law, an addendum to a certifi- tor of the Regulatory Management Division, retirement of Brigadier General Larry D. cation, transmittal number: DDTC 10–130, of Office of Policy, Environmental Protection Wyche, United States Army, and his ad- the proposed sale or export of defense arti- Agency, transmitting, pursuant to law, the vancement to the grade of brigadier general cles, including technical data, and defense report of a rule entitled ‘‘Clothianidin; Pes- on the retired list; to the Committee on services to a Middle East country regarding ticide Tolerances’’ (FRL No. 8873–3) received Armed Services. any possible affects such a sale might have in the Office of the President of the Senate EC–1419. A communication from the Direc- relating to Israel’s Qualitative Military Edge on May 2, 2011; to the Committee on Agri- tor of Defense Procurement and Acquisition over military threats to Israel; to the Com- culture, Nutrition, and Forestry. Policy, Department of Defense, transmit- mittee on Armed Services. EC–1410. A communication from the Direc- ting, pursuant to law, the report of a rule en- EC–1429. A communication from the Chief tor of the Regulatory Management Division, titled ‘‘Defense Acquisition Regulation Sup- Counsel, United States Mint, Department of Office of Policy, Environmental Protection plement; Rules of the Armed Services Board the Treasury, transmitting, pursuant to law, Agency, transmitting, pursuant to law, the of Contract Appeals’’ (48 CFR Chapter 2) re- the report of a rule entitled ‘‘Assessment of report of a rule entitled ‘‘Metarhizium ceived during adjournment of the Senate in Civil Penalties for Misuse of Words, Letters, anisopliae strain F52; Exemption From the the Office of the President of the Senate on Symbols, and Emblems of the United States Requirement of a Tolerance’’ (FRL No. 8872– April 21, 2011; to the Committee on Armed Mint’’ (RIN1506–AA58) received during ad- 3) received in the Office of the President of Services. journment of the Senate in the Office of the the Senate on May 2, 2011; to the Committee EC–1420. A communication from the Under President of the Senate on April 21, 2011; to on Agriculture, Nutrition, and Forestry. Secretary of Defense (Personnel and Readi- the Committee on Banking, Housing, and EC–1411. A communication from the Con- ness), transmitting the report of an officer Urban Affairs. gressional Review Coordinator, Animal and authorized to wear the insignia of the grade EC–1430. A communication from the Chief Plant Health Inspection Service, Department of major general in accordance with title 10, Counsel, United States Mint, Department of of Agriculture, transmitting, pursuant to United States Code, section 777; to the Com- the Treasury, transmitting, pursuant to law, law, the report of a rule entitled ‘‘Citrus mittee on Armed Services. the report of a rule entitled ‘‘Prohibition on Canker, Citrus Greening, and Asian Citrus EC–1421. A communication from the Under the Exportation, Melting, or Treatment of 5- Psyllid; Interstate Movement of Regulated Secretary of Defense (Personnel and Readi- Cent and One-Cent Coins’’ (31 CFR Part 82) Nursery Stock’’ ((RIN0579-AD29)(Docket No. ness), transmitting a report on the approved received during adjournment of the Senate APHIS–2010–0048)) received during adjourn- retirement of Vice Admiral Anthony L. in the Office of the President of the Senate ment of the Senate in the Office of the Presi- Winns, United States Navy, and his advance- on April 21, 2011; to the Committee on Bank- dent of the Senate on April 27, 2011; to the ment to the grade of vice admiral on the re- ing, Housing, and Urban Affairs.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.054 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2685 EC–1431. A communication from the Gen- transmitting, pursuant to law, the report of ural Resources Conservation Service, De- eral Counsel of the National Credit Union a rule entitled ‘‘Final Flood Elevation Deter- partment of Agriculture, transmitting, pur- Administration, transmitting, pursuant to minations’’ ((44 CFR Part 67)(Docket No. suant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Corporate FEMA–2011–0002)) received during adjourn- ‘‘Wetland Conservation’’ (RIN0578-AA58) re- Credit Unions, Technical Corrections’’ ment of the Senate in the Office of the Presi- ceived in the Office of the President of the (RIN3133–AD58) received during adjournment dent of the Senate on April 20, 2011; to the Senate on May 2, 2011; to the Committee on of the Senate in the Office of the President Committee on Banking, Housing, and Urban Environment and Public Works. of the Senate on April 28, 2011; to the Com- Affairs. EC–1450. A communication from the Direc- mittee on Banking, Housing, and Urban Af- EC–1440. A communication from the Chief tor of Congressional Affairs, Office of En- fairs. Counsel, Federal Emergency Management forcement, Nuclear Regulatory Commission, EC–1432. A communication from the Assist- Agency, Department of Homeland Security, transmitting, pursuant to law, the report of ant to the Board of Governors of the Federal transmitting, pursuant to law, the report of a rule entitled ‘‘Interim Enforcement Policy Reserve System, transmitting, pursuant to a rule entitled ‘‘Changes in Flood Elevation for Minimum Days Off Requirements’’ (SRM- law, the report of a rule entitled ‘‘Regulation Determinations’’ ((44 CFR Part 65)(Docket SECY-11-0003 and SRM-SECY-11-0028) re- Z—Truth in Lending’’ ((RIN7100–AD55)(12 No. FEMA–2011–0002)) received during ad- ceived during adjournment of the Senate in CFR 226)) received during adjournment of the journment of the Senate in the Office of the the Office of the President of the Senate on Senate in the Office of the President of the President of the Senate on April 28, 2011; to April 25, 2011; to the Committee on Environ- Senate on April 15, 2011; to the Committee on the Committee on Banking, Housing, and ment and Public Works. Banking, Housing, and Urban Affairs. Urban Affairs. EC–1451. A communication from the Direc- EC–1433. A communication from the Chief EC–1441. A communication from the Assist- tor of Congressional Affairs, Nuclear Regu- Counsel, Federal Emergency Management ant General Counsel, General Law, Ethics, latory Commission, transmitting, pursuant Agency, Department of Homeland Security, and Regulation, Department of the Treasury, to law, the report of a rule entitled ‘‘Clari- transmitting, pursuant to law, the report of transmitting, pursuant to law, two (2) re- fying the Process for Making Emergency a rule entitled ‘‘Changes in Flood Elevation ports relative to vacancies in the Depart- Plan Changes’’ (NRC Regulatory Issue Sum- Determinations’’ ((44 CFR Part 65)(Docket ment of the Treasury, received during ad- mary 2005–02, Revision 1) received in the Of- No. FEMA–2011–0002)) received during adjournment of the Senate in the Office of the fice of the President of the Senate on May 2, journment of the Senate in the Office of the President of the Senate on April 21, 2011; to 2011; to the Committee on Environment and President of the Senate on April 20, 2011; to the Committee on Banking, Housing, and Public Works. EC–1452. A communication from the Direc- the Committee on Banking, Housing, and Urban Affairs. Urban Affairs. EC–1442. A communication from the Presi- tor of Congressional Affairs, Nuclear Regu- EC–1434. A communication from the Chief dent of the United States, transmitting, pur- latory Commission, transmitting, pursuant Counsel, Federal Emergency Management suant to law, a report on the continuation of to law, the report of a rule entitled ‘‘Stand- Agency, Department of Homeland Security, the national emergency that was originally ard Format and Content for Emergency Plans for Fuel Cycle and Materials Facili- transmitting, pursuant to law, the report of declared in Executive Order 13466 of June 26, ties’’ (Regulatory Guide 3.67, Revision 1) re- a rule entitled ‘‘Changes in Flood Elevation 2008, and expanded in Executive Order 13551 ceived in the Office of the President of the Determinations’’ ((44 CFR Part 65)(Docket of August 20, 2010, with respect to the cur- Senate on May 2, 2011; to the Committee on No. FEMA–2011–0002)) received during ad- rent existence and risk of the proliferation of journment of the Senate in the Office of the Environment and Public Works. weapons-usable fissile material on the Ko- EC–1453. A communication from the Direc- President of the Senate on April 20, 2011; to rean Peninsula; to the Committee on Bank- tor of Congressional Affairs, Nuclear Regu- the Committee on Banking, Housing, and ing, Housing, and Urban Affairs. latory Commission, transmitting, pursuant Urban Affairs. EC–1443. A communication from the Presi- to law, the report of a rule entitled ‘‘Protec- EC–1435. A communication from the Chief dent of the United States, transmitting, pur- tion of Safeguard Information’’ (Regulatory Counsel, Federal Emergency Management suant to law, a six-month periodic report on Guide 5.79) received during adjournment of Agency, Department of Homeland Security, the national emergency with respect to the Senate in the Office of the President of transmitting, pursuant to law, the report of Syria that was declared in Executive Order the Senate on April 18, 2011; to the Com- a rule entitled ‘‘Changes in Flood Elevation 13338 of May 11, 2004; to the Committee on mittee on Environment and Public Works. Determinations’’ ((44 CFR Part 65)(Docket Banking, Housing, and Urban Affairs. EC–1454. A communication from the Direc- No. FEMA–2011–0002)) received during ad- EC–1444. A communication from the Presi- tor of Congressional Affairs, Nuclear Regu- journment of the Senate in the Office of the dent of the United States, transmitting, pur- latory Commission, transmitting, pursuant President of the Senate on April 20, 2011; to suant to law, a report relative to expanding to law, the report of a rule entitled ‘‘Infor- the Committee on Banking, Housing, and the scope of the national emergency with re- mation Relevant to Ensuring That Occupa- Urban Affairs. spect to Syria that was declared in Execu- tional Radiation Exposures at Medical Insti- EC–1436. A communication from the Chief tive Order 13338 of May 11, 2004; to the Com- tutions Will Be As Low As Is Reasonably Counsel, Federal Emergency Management mittee on Banking, Housing, and Urban Af- Achievable’’ (Regulatory Guide 8.18, Revision Agency, Department of Homeland Security, fairs. 2) received in the Office of the President of transmitting, pursuant to law, the report of EC–1445. A communication from the Presi- the Senate on May 2, 2011; to the Committee a rule entitled ‘‘Changes in Flood Elevation dent of the United States, transmitting, pur- on Environment and Public Works. Determinations’’ ((44 CFR Part 65)(Docket suant to law, a report on the continuation of EC–1455. A communication from the Ad- No. FEMA–2011–0002)) received during ad- the national emergency that was originally ministrator of the Environmental Protection journment of the Senate in the Office of the declared in Executive Order 13047 of May 20, Agency, transmitting, pursuant to law, a re- President of the Senate on April 20, 2011; to 1997, with respect to Burma; to the Com- port relative to the Great Lakes Ecosystem; the Committee on Banking, Housing, and mittee on Banking, Housing, and Urban Af- to the Committee on Environment and Pub- Urban Affairs. fairs. lic Works. EC–1437. A communication from the Chief EC–1446. A communication from the Chair- EC–1456. A communication from the Direc- Counsel, Federal Emergency Management man and President of the Export-Import tor of the Regulatory Management Division, Agency, Department of Homeland Security, Bank, transmitting, pursuant to law, a re- Office of Policy, Environmental Protection transmitting, pursuant to law, the report of port relative to transactions involving U.S. Agency, transmitting, pursuant to law, the a rule entitled ‘‘Changes in Flood Elevation exports to South Africa; to the Committee report of a rule entitled ‘‘Approval and Pro- Determinations’’ ((44 CFR Part 65)(Docket on Banking, Housing, and Urban Affairs. mulgation of Air Quality Implementation No. FEMA–2011–0002)) received during ad- EC–1447. A communication from the Sec- Plans; South Carolina; Update to Materials journment of the Senate in the Office of the retary of the Treasury, transmitting, pursu- Incorporated by Reference’’ (FRL No. 9286–2) President of the Senate on April 20, 2011; to ant to law, a report on the continuation of received during adjournment of the Senate the Committee on Banking, Housing, and the national emergency declared in Execu- in the Office of the President of the Senate Urban Affairs. tive Order 13413 with respect to blocking the on April 18, 2011; to the Committee on Envi- EC–1438. A communication from the Chief property of persons contributing to the con- ronment and Public Works. Counsel, Federal Emergency Management flict taking place in the Democratic Repub- EC–1457. A communication from the Direc- Agency, Department of Homeland Security, lic of the Congo; to the Committee on Bank- tor of the Regulatory Management Division, transmitting, pursuant to law, the report of ing, Housing, and Urban Affairs. Office of Policy, Environmental Protection a rule entitled ‘‘Changes in Flood Elevation EC–1448. A communication from the First Agency, transmitting, pursuant to law, the Determinations’’ ((44 CFR Part 65)(Docket Vice President, Controller and Chief Ac- report of a rule entitled ‘‘Approval and Pro- No. FEMA–2011–0002)) received during ad- counting Officer, Federal Home Loan Bank mulgation of Air Quality Implementation journment of the Senate in the Office of the of Boston, transmitting, pursuant to law, the Plans; Virginia; Adoption of the Revised President of the Senate on April 20, 2011; to Bank’s 2010 Management Report and state- Lead Standards and Related Reference Con- the Committee on Banking, Housing, and ment on the system of internal control; to ditions and Update of Appendices’’ (FRL No. Urban Affairs. the Committee on Banking, Housing, and 9298–1) received during adjournment of the EC–1439. A communication from the Chief Urban Affairs. Senate in the Office of the President of the Counsel, Federal Emergency Management EC–1449. A communication from the Direc- Senate on April 18, 2011; to the Committee on Agency, Department of Homeland Security, tor of the Legislative Affairs Division, Nat- Environment and Public Works.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.055 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2686 CONGRESSIONAL RECORD — SENATE May 4, 2011 EC–1458. A communication from the Direc- of the President of the Senate on April 26, * Steve L. Muro, of California, to be Under tor of the Regulatory Management Division, 2011; to the Committee on Environment and Secretary of Veterans Affairs for Memorial Office of Policy, Environmental Protection Public Works. Affairs. Agency, transmitting, pursuant to law, the EC–1465. A communication from the Direc- * Nomination was reported with rec- report of a rule entitled ‘‘Oil Pollution Pre- tor of the Regulatory Management Division, ommendation that it be confirmed sub- vention; Spill Prevention, Control, and Office of Policy, Environmental Protection Countermeasure (SPCC) Rule—Amendments Agency, transmitting, pursuant to law, the ject to the nominee’s commitment to for Milk and Milk Products Containers’’ report of a rule entitled ‘‘Approval and Pro- respond to requests to appear and tes- (FRL No. 9297–37) received during adjourn- mulgation of Air Quality Implementation tify before any duly constituted comment of the Senate in the Office of the Presi- Plans; Illinois’’ (FRL No. 9294–7) received mittee of the Senate. dent of the Senate on April 18, 2011; to the during adjournment of the Senate in the Of- f Committee on Environment and Public fice of the President of the Senate on April Works. 21, 2011; to the Committee on Environment INTRODUCTION OF BILLS AND EC–1459. A communication from the Direc- and Public Works. JOINT RESOLUTIONS tor of the Regulatory Management Division, EC–1466. A communication from the Direc- The following bills and joint resolu- Office of Policy, Environmental Protection tor of the Regulatory Management Division, Agency, transmitting, pursuant to law, the Office of Policy, Environmental Protection tions were introduced, read the first report of a rule entitled ‘‘Approval and Pro- Agency, transmitting, pursuant to law, the and second times by unanimous con- mulgation of State Plans for Designated Fa- report of a rule entitled ‘‘Mandatory Report- sent, and referred as indicated: cilities and Pollutants: Florida; Jefferson ing of Greenhouse Gases: Petroleum and Nat- By Mr. HATCH (for himself, Mr. County, Kentucky; Forsyth, Mecklenburg, ural Gas Systems’’ (FRL No. 9299–1) received COBURN, Mr. MCCONNELL, Mrs. and Buncombe Counties, North Carolina; and during adjournment of the Senate in the Of- HUTCHISON, Mr. ROBERTS, Mr. RUBIO, South Carolina’’ (FRL No. 9298–9) received fice of the President of the Senate on April Mr. BLUNT, Ms. AYOTTE, Mr. WICKER, during adjournment of the Senate in the Of- 21, 2011; to the Committee on Environment Mr. ISAKSON, Mr. VITTER, Mr. fice of the President of the Senate on April and Public Works. CHAMBLISS, Mr. BARRASSO, Mr. 19, 2011; to the Committee on Environment EC–1467. A communication from the Direc- BOOZMAN, Mr. BURR, Mr. THUNE, Mr. and Public Works. tor of the Regulatory Management Division, RISCH, Mr. INHOFE, Mr. MORAN, Mr. EC–1460. A communication from the Direc- Office of Policy, Environmental Protection GRASSLEY, Mr. CRAPO, Mr. JOHANNS, tor of the Regulatory Management Division, Agency, transmitting, pursuant to law, the Mr. HOEVEN, Mr. SHELBY, Mr. COATS, Office of Policy, Environmental Protection report of a rule entitled ‘‘Revisions to the Mr. CORKER, Mr. PAUL, Mr. JOHNSON Agency, transmitting, pursuant to law, the California State Implementation Plan, of Wisconsin, Mr. MCCAIN, Mr. LEE, report of a rule entitled ‘‘Approval and Pro- Northern Sonoma County Air Pollution Con- and Mr. KYL): mulgation of Air Quality Implementation trol District (NSCAPCD) and Mendocino S. 877. A bill to prevent taxpayer-funded Plans; Delaware; Update to Materials Incor- County Air Quality Management District’’ elective abortions by applying the long- porated by Reference’’ (FRL No. 9298–3) re- (FRL No. 9292–6) received in the Office of the standing policy of the Hyde amendment to ceived during adjournment of the Senate in President of the Senate on May 2, 2011; to the the new health care law; to the Committee the Office of the President of the Senate on Committee on Environment and Public on Finance. April 26, 2011; to the Committee on Environ- Works. By Mr. NELSON of Nebraska: ment and Public Works. EC–1468. A communication from the Chief S. 878. A bill to amend section 520 of the EC–1461. A communication from the Direc- of the Publications and Regulations Branch, Housing Act of 1949 to revise the require- tor of the Regulatory Management Division, Internal Revenue Service, Department of the ments for areas to be considered as rural Office of Policy, Environmental Protection Treasury, transmitting, pursuant to law, the areas for purposes of such Act; to the Com- Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘User Fees Relating mittee on Banking, Housing, and Urban Af- report of a rule entitled ‘‘Clarifications to to Enrolled Agents and Enrolled Retirement fairs. Indian Tribes’ Clean Air Act Regulatory Re- Plan Agents’’ (RIN1545–BJ65) received during By Mr. KIRK (for himself, Mrs. quirements; Direct Final Amendments’’ adjournment of the Senate in the Office of GILLIBRAND, and Mr. CORNYN): (FRL No. 9300–2) received during adjourn- the President of the Senate on April 18, 2011; S. 879. A bill to promote human rights and ment of the Senate in the Office of the Presi- to the Committee on Finance. democracy in Iran; to the Committee on For- dent of the Senate on April 26, 2011; to the EC–1469. A communication from the Direc- eign Relations. Committee on Environment and Public tor, Office of Regulations, Social Security By Mr. NELSON of Florida: Works. Administration, transmitting, pursuant to S. 880. A bill to extend Federal recognition EC–1462. A communication from the Direc- law, the report of a rule entitled ‘‘Elimi- to the Muscogee Nation of Florida; to the tor of the Regulatory Management Division, nating the Decision Review Board’’ (RIN0960– Committee on Indian Affairs. Office of Policy, Environmental Protection AG80) received in the Office of the President By Ms. LANDRIEU (for herself, Mr. Agency, transmitting, pursuant to law, the of the Senate on April 28, 2011; to the Com- WICKER, and Mr. BLUNT): report of a rule entitled ‘‘Approval and Pro- mittee on Finance. S. 881. A bill to amend the Consumer Cred- mulgation of Air Quality Implementation EC–1470. A communication from the Presi- it Protection Act to assure meaningful dis- Plans; Indiana; Removal of Vehicle Inspec- dent of the United States, transmitting, pur- closures of the terms of rental-purchase tion and Maintenance Programs for Clark suant to law, a report relative to Afghani- agreements, including disclosures of all costs and Floyd Counties’’ (FRL No. 9299–7) re- stan and Pakistan (DCN OSS–2011–0611); to to consumers under such agreements, to pro- ceived during adjournment of the Senate in the Committee on Foreign Relations. vide substantive rights to consumers under the Office of the President of the Senate on EC–1471. A communication from the Acting such agreements, and for other purposes; to April 26, 2011; to the Committee on Environ- Assistant Secretary, Legislative Affairs, De- the Committee on Banking, Housing, and ment and Public Works. partment of State, transmitting, pursuant to Urban Affairs. EC–1463. A communication from the Direc- law, an Accountability Review Board report By Mr. BROWN of Ohio: tor of the Regulatory Management Division, relative to an incident in Pakistan on Feb- S. 882. A bill to prevent misuse, overutili- Office of Policy, Environmental Protection ruary 3, 2010 (DCN OSS 2011–0708); to the zation, and trafficking of prescription drugs Agency, transmitting, pursuant to law, the Committee on Foreign Relations. by limiting access to such drugs for Medicare report of a rule entitled ‘‘Prevention of Sig- EC–1472. A communication from the Acting and Medicaid beneficiaries who have been nificant Deterioration (PSD) and Nonattain- Assistant Secretary for Legislative Affairs, identified as high-risk prescription drug ment New Source Review (NSR): Reconsider- Department of State, transmitting, pursuant users; to the Committee on Finance. ation of Inclusion of Fugitive Emissions; In- to law, a report prepared by the Department By Mr. LIEBERMAN (for himself and terim Rule; Stay and Revisions’’ (FRL No. of State on progress toward a negotiated so- Mr. GRASSLEY): 9299–3) received during adjournment of the lution of the Cyprus question covering the S. 883. A bill to authorize National Mall Senate in the Office of the President of the periods December 1, 2010 through January 31, Liberty Fund D.C. to establish a memorial Senate on April 26, 2011; to the Committee on 2011; to the Committee on Foreign Relations. on Federal land in the District of Columbia Environment and Public Works. to honor free persons and slaves who fought f EC–1464. A communication from the Direc- for independence, liberty, and justice for all tor of the Regulatory Management Division, EXECUTIVE REPORTS OF during the American Revolution; to the Office of Policy, Environmental Protection COMMITTEE Committee on Energy and Natural Re- Agency, transmitting, pursuant to law, the sources. report of a rule entitled ‘‘Determinations The following executive reports of By Mr. GRASSLEY (for himself, Mr. Concerning Need for Error Correction, Par- nominations were submitted: CONRAD, Mr. JOHANNS, Ms. tial Approval and Partial Disapproval, and By Mrs. MURRAY for the Committee on KLOBUCHAR, Mr. FRANKEN, Mr. JOHN- Federal Implementation Plan Regarding Veterans’ Affairs. SON of South Dakota, Mr. HARKIN, Texas’s Prevention of Significant Deteriora- * Allison A. Hickey, of Virginia, to be and Mr. NELSON of Nebraska): tion Program’’ (FRL No. 9299–9) received dur- Under Secretary for Benefits of the Depart- S. 884. A bill to amend the Internal Rev- ing adjournment of the Senate in the Office ment of Veterans Affairs. enue Code of 1986 to provide for a variable

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.057 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2687 VEETC rate based on the price of crude oil, MCCAIN) was added as a cosponsor of S. S. 528 and for other purposes; to the Committee on 211, a bill to provide for a biennial At the request of Mrs. GILLIBRAND, Finance. budget process and a biennial appro- the name of the Senator from New Jer- By Mr. BINGAMAN (for himself and priations process and to enhance over- sey (Mr. LAUTENBERG) was added as a Mr. UDALL of New Mexico): S. 885. A bill to amend the Transportation sight and performance of the Federal cosponsor of S. 528, a bill to provide Equity Act for the 21st Century to reauthor- Government. driver safety grants to States with ize a provision relating to additional con- S. 229 graduated driver licensing laws that tract authority for States with Indian res- At the request of Mrs. FEINSTEIN, her meet certain minimum requirements. ervations; to the Committee on Environment name was added as a cosponsor of S. S. 581 and Public Works. 229, a bill to amend the Federal Food, At the request of Mr. BURR, the name By Mr. UDALL of New Mexico: Drug, and Cosmetic Act to require la- S. 886. A bill to amend the Interstate of the Senator from Ohio (Mr. BROWN) Horseracing Act of 1978 to prohibit the use of beling of genetically-engineered fish. was added as a cosponsor of S. 581, a performance-enhancing drugs in horseracing, S. 274 bill to amend the Child Care and Devel- and for other purposes; to the Committee on At the request of Mrs. HAGAN, the opment Block Grant Act of 1990 to re- Commerce, Science, and Transportation. name of the Senator from Rhode Island quire criminal background checks for By Mr. NELSON of Florida: (Mr. WHITEHOUSE) was added as a co- child care providers. S. 887. A bill to increase the portion of sponsor of S. 274, a bill to amend title S. 593 community block grants that may be used to XVIII of the Social Security Act to ex- At the request of Mr. SCHUMER, the provide public services, and for other pur- pand access to medication therapy poses; to the Committee on Banking, Hous- name of the Senator from Minnesota ing, and Urban Affairs. management services under the Medi- (Mr. FRANKEN) was added as a cospon- care prescription drug program. f sor of S. 593, a bill to amend the Inter- S. 393 nal Revenue Code of 1986 to modify the SUBMISSION OF CONCURRENT AND At the request of Mr. REED, the tax rate for excise tax on investment SENATE RESOLUTIONS names of the Senator from New York income of private foundations. (Mr. SCHUMER) and the Senator from The following concurrent resolutions S. 668 Minnesota (Mr. FRANKEN) were added and Senate resolutions were read, and At the request of Mr. CORNYN, the as cosponsors of S. 393, a bill to aid and referred (or acted upon), as indicated: names of the Senator from Iowa (Mr. support pediatric involvement in read- GRASSLEY) and the Senator from Flor- By Mr. MENENDEZ (for himself, Mr. ing and education. DURBIN, Mr. FRANKEN, Mr. KERRY, ida (Mr. RUBIO) were added as cospon- S. 414 Mr. LAUTENBERG, Mr. MERKLEY, Mr. sors of S. 668, a bill to remove SANDERS, Ms. SNOWE, Ms. STABENOW, At the request of Mr. DURBIN, the unelected, unaccountable bureaucrats Mr. WHITEHOUSE, and Mr. name of the Senator from New Hamp- from seniors’ personal health decisions LIEBERMAN): shire (Mrs. SHAHEEN) was added as a co- by repealing the Independent Payment S. Res. 162. A resolution expressing the sponsor of S. 414, a bill to protect girls Advisory Board. sense of the Senate that stable and afford- in developing countries through the S. 707 able housing is an essential component of an prevention of child marriage, and for effective strategy for the prevention, treat- other purposes. At the request of Mr. DURBIN, the ment, and care of human immunodeficiency name of the Senator from Washington S. 418 virus, and that the United States should (Mrs. MURRAY) was added as a cospon- At the request of Mr. HARKIN, the make a commitment to providing adequate sor of S. 707, a bill to amend the Ani- funding for the development of housing as a names of the Senator from Montana mal Welfare Act to provide further pro- response to the acquired immunodeficiency (Mr. BAUCUS), the Senator from Mon- tection for puppies. syndrome pandemic; to the Committee on tana (Mr. TESTER) and the Senator Banking, Housing, and Urban Affairs. from Hawaii (Mr. AKAKA) were added as S. 718 By Mr. HARKIN: cosponsors of S. 418, a bill to award a At the request of Mr. ROBERTS, the S. Res. 163. A resolution commemorating name of the Senator from Oklahoma the 175th anniversary of the United States Congressional Gold Medal to the World (Mr. INHOFE) was added as a cosponsor National Library of Medicine; to the Com- War II members of the Civil Air Patrol. mittee on Health, Education, Labor, and S. 431 of S. 718, a bill to amend the Federal Pensions. At the request of Mr. PRYOR, the Insecticide, Fungicide, and Rodenticide By Mr. LAUTENBERG (for himself, names of the Senator from Minnesota Act to improve the use of certain reg- Ms. MURKOWSKI, Mrs. MURRAY, Mrs. (Mr. FRANKEN), the Senator from South istered pesticides. GILLIBRAND, Ms. LANDRIEU, Ms. Carolina (Mr. GRAHAM) and the Senator S. 838 STABENOW, Mrs. FEINSTEIN, Mr. from Montana (Mr. TESTER) were added At the request of Mr. TESTER, the COONS, Mr. SANDERS, Mr. BEGICH, Mr. SCHUMER, Mr. BROWN of Ohio, Mr. as cosponsors of S. 431, a bill to require name of the Senator from Minnesota WARNER, Mr. KOHL, Mr. JOHNSON of the Secretary of the Treasury to mint (Ms. KLOBUCHAR) was added as a co- South Dakota, and Mr. CARDIN): coins in commemoration of the 225th sponsor of S. 838, a bill to amend the S. Res. 164. A resolution recognizing the anniversary of the establishment of the Toxic Substances Control Act to clar- teachers of the United States for their con- Nation’s first Federal law enforcement ify the jurisdiction of the Environ- tributions to the development and progress agency, the United States Marshals mental Protection Agency with respect of our Nation; considered and agreed to. Service. to certain sporting good articles, and f S. 486 to exempt those articles from a definition under that Act. ADDITIONAL COSPONSORS At the request of Ms. MIKULSKI, her name was added as a cosponsor of S. S. 855 S. 185 486, a bill to amend the At the request of Ms. STABENOW, the At the request of Mrs. BOXER, the Servicemembers Civil Relief Act to en- name of the Senator from Maine (Ms. names of the Senator from Nebraska hance protections for members of the SNOWE) was added as a cosponsor of S. (Mr. JOHANNS) and the Senator from uniformed services relating to mort- 855, a bill to make available such funds Washington (Ms. CANTWELL) were gages, mortgage foreclosure, and evic- as may be necessary to ensure that added as cosponsors of S. 185, a bill to tion, and for other purposes. members of the Armed Forces, includ- provide United States assistance for S. 501 ing reserve components thereof, con- the purpose of eradicating severe forms At the request of Mr. THUNE, the tinue to receive pay and allowances for of trafficking in children in eligible name of the Senator from Idaho (Mr. active service performed when a fund- countries through the implementation CRAPO) was added as a cosponsor of S. ing gap caused by the failure to enact of Child Protection Compacts, and for 501, a bill to establish pilot projects interim or full-year appropriations for other purposes. under the Medicare program to provide the Armed Forces occurs, which results S. 211 incentives for home health agencies to in the furlough of non-emergency per- At the request of Mr. ISAKSON, the utilize home monitoring and commu- sonnel and the curtailment of Govern- name of the Senator from Arizona (Mr. nications technologies. ment activities and services.

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.049 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2688 CONGRESSIONAL RECORD — SENATE May 4, 2011 S. 865 HARKIN, and Mr. NELSON of Ne- and predictably reduce the existing tax At the request of Mrs. MURRAY, the braska). incentive, and help get alternative fuel names of the Senator from North Caro- S. 884. A bill to amend the Internal infrastructure in place so consumers lina (Mrs. HAGAN) and the Senator Revenue Code of 1986 to provide for a can decide which fuel they would pre- from Massachusetts (Mr. KERRY) were variable VEETC rate based on the price fer. I know that when American con- added as cosponsors of S. 865, a bill to of crude oil, and for other purposes; to sumers have the choice, they will provide grants to promote financial lit- the Committee on Finance. choose domestic, clean, affordable re- eracy. Mr. GRASSLEY. Mr. President, I am newable fuel. They will choose fuel S. 868 pleased today to be joined by a number from America’s farmers and ranchers, At the request of Mr. HATCH, the of my colleagues in introducing the Do- rather than oil sheiks and foreign dic- names of the Senator from Idaho (Mr. mestic Energy Promotion Act of 2011, tators. RISCH), the Senator from South Dakota an important piece of legislation that I Some of my colleagues have argued (Mr. THUNE), the Senator from Ala- believe is a good starting point in how that it is time to end the incentives for bama (Mr. SHELBY), the Senator from tax policies for ethanol should evolve. I biofuels immediately and entirely. Not Kentucky (Mr. PAUL), the Senator from am joined in this effort by Senators only is this bad energy policy, poor tax Wisconsin (Mr. JOHNSON), the Senator CONRAD, JOHANNS, KLOBUCHAR, policy, and dangerous to our national from Iowa (Mr. GRASSLEY), the Senator FRANKEN, TIM JOHNSON, HARKIN and security, it is also intellectually dis- from Utah (Mr. LEE), the Senator from BEN NELSON. honest. I believe a discussion con- Over the years, I have supported do- Arizona (Mr. MCCAIN) and the Senator cerning our Nation’s energy and tax mestic ethanol production as a means from Indiana (Mr. COATS) were added as policy should be debated in a com- cosponsors of S. 868, a bill to restore to improve the environment, reduce prehensive manner. Biofuels are not the longstanding partnership between our dependence on foreign oil, increase the only form of energy that receives the States and the Federal Government our national security, and bring eco- incentives or supportive policies from in managing the Medicaid program. nomic activity to rural America. Those the Federal Government. efforts have undoubtedly been an enor- How about the incentives for wind, S. RES. 86 mous success. Domestic biofuels now oil, natural gas, nuclear, and geo- At the request of Mrs. FEINSTEIN, the supply more than 13 billion gallons of thermal? If the Senate intends to con- name of the Senator from Virginia (Mr. homegrown fuel, accounting for nearly sider reforms to biofuels incentives, it WEBB) was added as a cosponsor of S. 10 percent of our Nation’s transpor- should be in the context of a com- Res. 86, a resolution recognizing the tation fuel needs. prehensive review of all energy tax in- Defense Intelligence Agency on its 50th In 2010, Congress enacted a one-year centives. This bill is meant to serve as Anniversary. extension of the Volumetric Ethanol a first step in the process. This bill S. RES. 138 Excise Tax Credit, or VEETC, also demonstrates a significant reduction in At the request of Mrs. GILLIBRAND, known as the blenders’ credit. This 1- biofuels incentives over the next 5 the name of the Senator from Delaware year extension has allowed Congress years. I challenge my colleagues to (Mr. COONS) was added as a cosponsor and the domestic biofuels industry to find any other energy source that is of S. Res. 138, a resolution calling on determine the best path forward for contributing as much to our economy the United Nations to rescind the Federal support for biofuels. The legis- and energy supply that is willing to Goldstone report, and for other pur- lation we are introducing today is a se- step up and do that in the current leg- poses. rious, responsible first step to reducing islative debate. S. RES. 144 and redirecting Federal tax incentives Now is not the time to pull the rug At the request of Mrs. HUTCHISON, the for biofuels. out from under the only domestic re- names of the Senator from Colorado This legislation will reduce VEETC newable energy source that is making (Mr. UDALL) and the Senator from to a fixed rate of 20 cents in 2012, and significant contributions to our energy Idaho (Mr. CRAPO) were added as co- 15 cents in 2013. It will then convert to supply. I thank my colleagues for their sponsors of S. Res. 144, a resolution a variable tax incentive for the remain- support, and I look forward to a com- supporting early detection for breast ing 3 years, based on the price of crude prehensive discussion to advance sen- cancer. oil. When crude oil is more than $90 a sible, responsible energy tax policies. S. RES. 151 barrel, there will be no blenders’ credit. When crude oil is $50 and below, the By Mr. BINGAMAN (for himself At the request of Ms. KLOBUCHAR, the and Mr. UDALL of New Mexico): name of the Senator from Minnesota blenders’ credit will be 30 cents. The rate will vary when the price of crude S. 885. A bill to amend the Transpor- (Mr. FRANKEN) was added as a cospon- tation Equity Act for the 21st Century sor of S. Res. 151, a resolution con- is between $50 and $90 a barrel. When to reauthorize a provision relating to gratulating the University of Min- oil prices are high, a natural incentive additional contract authority for nesota Duluth men’s ice hockey team should exist in the market to drive eth- States with Indian reservations; to the on winning their first National Colle- anol use. It also would extend, through 2016, Committee on Environment and Public giate Athletic Association (NCAA) Di- the alternative fuel refueling property Works. vision I Men’s Hockey National Cham- credit; the cellulosic producers’ tax Mr. BINGAMAN. Mr. President, I rise pionship. credit; and the special depreciation al- today with my distinguished colleague AMENDMENT NO. 299 lowance for cellulosic biofuel plant Senator UDALL of New Mexico to intro- At the request of Ms. SNOWE, the property. The bill would modify the al- duce the Indian School Bus Route Safe- names of the Senator from Indiana ternative fuel refueling property credit ty Reauthorization Act of 2011. This (Mr. COATS) and the Senator from Wyo- to allow the credit for ethanol blends bill continues an important federal ming (Mr. BARRASSO) were added as co- from E20 to E85. The credit would program begun in 1998 that addresses a sponsors of amendment No. 299 in- apply to 100 percent of the cost of the unique problem with the roads in and tended to be proposed to S. 493, a bill to property, so long as dual-use pumps are around the Nation’s single largest In- reauthorize and improve the SBIR and used partly for alternative fuels. Fi- dian reservation and the neighboring STTR programs, and for other pur- nally, the bill would extend the ethanol counties. Through this program, Nav- poses. import tariff, through 2016, stepping it ajo children who had been prevented f down to 20 cents for 2012 and 15 cents from getting to school by roads that for 2013 through 2016. were often impassable are now trav- STATEMENTS ON INTRODUCED This legislation is a responsible ap- eling safely to and from their schools. BILLS AND JOINT RESOLUTIONS proach that will reduce the existing Because of the unusual nature of this By Mr. GRASSLEY (for himself, blenders’ credit and put those valuable situation, I believe it must continue to Mr. CONRAD, Mr. JOHANNS, Ms. resources into investing in alternative be addressed at the Federal level. KLOBUCHAR, Mr. FRANKEN, Mr. fuel infrastructure, including alter- I would like to begin with some sta- JOHNSON of South Dakota, Mr. native fuel pumps. It would responsibly tistics on this unique problem and why

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.051 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2689 I believe a Federal solution continues lies anywhere else; their children are INHOFE of the Environment and Public to be necessary. The Navajo Nation is entitled to the same opportunity to get Works Committee, and Chairman BAU- by far the nation’s largest Indian Res- to school safely and to get a good edu- CUS and Ranking Member VITTER of the ervation, covering 25,000 square miles. cation. However, the many miles of un- Transportation and Infrastructure Sub- Portions of the Navajo Nation are in paved and deficient roads on the res- committee, to incorporate this legisla- three states: Arizona, New Mexico, and ervation are frequently impassable, es- tion once again into the next com- Utah. No other reservation comes any- pecially when they are wet, muddy or prehensive 6 year reauthorization of where close to the size of Navajo. To snowy. If the school buses don’t get surface transportation programs. give you an idea of its size, the state of through, the kids simply cannot get to Mr. President, I ask unanimous con- West Virginia is about 24,000 square school. sent that text of the bill be printed in miles. In fact, 10 states are smaller in These children are literally being left the RECORD. size than the Navajo reservation. behind. There being no objection, the text of According to the Bureau of Indian Because of the vast size of the Navajo the bill was ordered to be printed in Affairs, about 9,700 miles of public reservation, the cost of maintaining the RECORD, as follows: roads serve the Navajo nation. Only the county roads used by the school S. 885 buses is more than the counties can about 1/3 of these roads are paved. The Be it enacted by the Senate and House of Rep- remaining 6,500 miles, 67 percent, are bear without Federal assistance. I be- resentatives of the United States of America in dirt roads. Every day school buses use lieve it is essential that the Federal Congress assembled, nearly all of these roads to transport Government help these counties deal SECTION 1. SHORT TITLE. Navajo children to and from school. with this one-of-a-kind situation. This Act may be cited as the ‘‘Indian About 6,200 miles of the roads on the In response to this unique situation, School Bus Route Safety Reauthorization Navajo reservation are BIA roads, and in 1998 Congress began providing direct Act of 2011’’. about 3,300 miles are State and county annual funding to the counties that SEC. 2. REAUTHORIZATION OF ADDITIONAL CON- roads. All public roads within, adjacent contain the Navajo reservation to help TRACT AUTHORITY FOR STATES WITH INDIAN RESERVATIONS. to, or leading to the reservation, in- ensure that children on the reservation can get to and from their public Section 1214(d)(5)(A) of the Transportation cluding BIA, State, and county roads Equity Act for the 21st Century (23 U.S.C. 202 are considered part of the Federal In- schools. In 2005, the program was reauthorized in SAFETEA through 2009, note; 112 Stat. 206; 119 Stat. 1460) is amended dian Reservation Road System. How- by striking ‘‘$1,800,000 for each of fiscal years and now extended through 2011. ever, only BIA and tribal roads are eli- 2005 through 2009’’ and inserting ‘‘$2,000,000 Under this program, $1.8 million is gible for Federal maintenance funding for each of fiscal years 2012 through 2017’’. made available each year to be shared from BIA. Moreover, the funding for equally among the three states. The road construction from the Federal By Mr. UDALL of New Mexico: funding is provided directly to the Lands Highways Program in SAFETEA S. 886. A bill to amend the Interstate counties in Arizona, New Mexico, and Horseracing Act of 1978 to prohibit the is generally applied only to BIA or Utah that contain the Navajo reserva- tribal roads. Thus, the states and coun- use of performance-enhancing drugs in tion. I want to be very clear: these Fed- horseracing, and for other purposes; to ties are responsible for maintenance eral funds can be used only on roads and improvement of their 2,500 miles of the Committee on Commerce, Science, that are located within or that lead to and Transportation. roads that serve the reservation. the reservation, that are on the State The counties in the three States that Mr. UDALL of New Mexico. Mr. or county maintenance system, and include the Navajo reservation are sim- President, I rise today to introduce the that are used by school buses. Interstate Horseracing Improvement ply not in a position to maintain all of This program has been very success- the roads on the reservation that carry Act. This legislation addresses an issue ful. For 14 years, the counties have affecting interstate commerce and an children to and from school. Nearly all used the annual funding to help main- of the land area in these counties is iconic American animal. I am pleased tain the routes used by school buses to to be working on this in a bipartisan under Federal or tribal jurisdiction. carry children to school and to Head- manner with Representative ED For example, in my State of New start programs. I have had an oppor- 3 WHITFIELD of Kentucky. Mexico, ⁄4 of McKinley County is ei- tunity to see firsthand the importance Although many recognize the horse ther tribal or federal land, including of this funding when I rode in a school as an iconic American animal, particu- BLM, Forest Service, and military bus over some of the roads that are larly for the West, there are probably land. The Indian land area alone com- maintained using funds from this pro- few who know how long horseracing prises 61 percent of McKinley County. gram. Consequently, the county can draw The bill we are introducing today has been a part of our nation’s history. upon only a very limited tax base as a provides a simple 6 year reauthoriza- My colleagues in Kentucky, Maryland, source of revenue for maintenance pur- tion of that program, for fiscal years and New York can boast of the Sport of poses. Of the nearly 600 miles of coun- 2012 through 2017, with a modest in- Kings’ long tradition in their States. ty-maintained roads in McKinley crease in the annual funding to allow Yet the first recorded horserace in County, 512 miles serve Indian land. for inflation and for additional roads to what is now the United States took In San Juan County, Utah, the Nav- be maintained in each of the three place in New Mexico. In 1541, the Span- ajo Nation comprises 40 percent of the states. ish explorer Coronado challenged one land area. The county maintains 611 I believe that continuing this proof his officers to a match race while miles of roads on the Navajo Nation. Of gram for 6 more years is fully justified they were camped near Bernalillo. these, 357 miles are dirt, 164 miles are because of the vast area of the Navajo The Spanish brought not only horses, gravel and only 90 miles are paved. On reservation, by far the nation’s largest, but also horseracing to what is now the the reservation, the county has three and the unique nature of this need that United States. Decades before the Pil- high schools, two elementary schools, only the Federal Government can deal grims arrived at Plymouth Rock, Don two BIA boarding schools and four pre- with effectively. Juan de On˜ ate crossed into present day schools. I don’t believe any child wanting to New Mexico with Spanish colonists The situation is similar in neigh- get to and from school should have to who were not just settlers but cabal- boring San Juan County, New Mexico, risk or tolerate unsafe roads. Kids leros, or ‘‘horse’’ men. Native Amer- and Apache, Navajo, and Coconino today, particularly in rural and remote ican petroglyphs record early encoun- Counties, Arizona. In light of the coun- areas, face enough hurdles to getting a ters with these new arrivals travelling ties’ limited resources, I do believe the good education. I ask my colleagues to on horseback. Horseracing became a Federal Government is asking the join me again this year in assuring tradition in the Southwest as it later States and counties to bear too large a that Navajo schoolchildren at least did in Eastern states. burden for road maintenance in this have a chance to get to school safely That tradition continues today at unique situation. and get an education. racetracks in New Mexico and over 30 Families living in and around the I look forward to working with other States across the nation. With reservation are no different from fami- Chairman BOXER and Ranking Member the Kentucky Derby this Saturday,

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G04MY6.036 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2690 CONGRESSIONAL RECORD — SENATE May 4, 2011 many Americans will turn their atten- leagues since Congress granted a spe- SEC. 2. FINDINGS. tion to Churchill Downs for the most cial privilege to horseracing that no Congress finds the following: exciting two minutes in sports. Some other U.S. gambling enterprise enjoys: (1) Congress enacted the Interstate Horse- racing Act of 1978 (15 U.S.C. 3001 et seq.) to of the best of horseracing will be on interstate and online wagering. The regulate interstate commerce with respect display. Away from the crowds, how- Interstate Horseracing Act of 1978, to parimutuel wagering on horseracing in ever, horseracing finds itself facing an IHA, allows off-track, or ‘‘simulcast,’’ order to protect and further the horseracing unattractive reality. Too many of its wagering across state lines. Internet industry of the United States. equine athletes are overmedicated and wagering on horseraces subject to the (2) The horseracing industry represents ap- doped. The Sport of Kings is no place IHA was granted a special exemption proximately $40,000,000,000 to the United for such a drug problem. from the Unlawful Internet Gambling States economy annually and generates American horseracing stands apart Enforcement Act of 2006, UIGEA. Given nearly 400,000 domestic jobs. the benefits of the IHA, the horse rac- (3) The use of performance-enhancing drugs from the rest of the world when it in horseracing adversely affects interstate comes to permissive medication rules ing industry should not only protect commerce, creates unfair competition, de- and tolerance of doping. Unlike other the safety and welfare of its animals ceives horse buyers and the wagering public, countries that ban race day medica- and jockeys, but also ensure the integ- weakens the breed of the American Thor- tions, racing jurisdictions here allow rity of the sport. oughbred, is detrimental to international injecting horses just hours before post I reluctantly believe that Congres- sales of the American Thoroughbred, and time. There are trainers who violate sional action is needed to address this threatens the safety and welfare of horses medication rules multiple times, seem- critical challenge facing the industry. and jockeys. Unlike other sports, horseracing lacks (4) The use of performance-enhancing drugs ingly with impunity. According to a rein horseracing is widespread in the United cent Racing Commissioners Inter- a governing body that can issue uniform medication rules and ban per- States, where no uniform regulations exist national, RCI, letter, one trainer has with respect to the use of, and testing for, been sanctioned at least 64 times for formance enhancing drugs. That is why performance-enhancing drugs in interstate various rule violations, including medi- recent calls from the RCI and the Jock- horseracing. cation violations involving the class 2 ey Club to phase out race day medica- (5) The use of performance-enhancing drugs painkiller mepivacaine and the class 3 tion are not enough to save American in horseracing is not permitted in most ju- horseracing. Despite repeated pledges risdictions outside the United States. In the drug clenbuterol. According to the New from the racing industry to address internationally competitive sport of horse- York Times, only two of the top 20 this issue, horseracing’s drug problem racing, the United States stands alone in its trainers, by racing purses won, have has festered for decades. permissive use of performance-enhancing never been cited for a medication vio- The legislation Representative drugs. lation. This tolerance of doping rep- (6) The use of performance-enhancing drugs WHITFIELD and I are introducing today is illegal in the United States in every sport resents a shameful abuse of an iconic would amend the Interstate Horse- American animal, and it is time to put other than horseracing. racing Act to ban performance-enhanc- (7) To protect and further the horseracing an end to it. ing drugs and require stiff penalties for industry of the United States, it is necessary Anyone who goes to the track out- doping. Under the Interstate Horse- to prohibit the use of performance-enhancing side of a Triple Crown or Breeders’ Cup racing Improvement Act, anyone who drugs in interstate horseracing. race knows that attendance is down knowingly provides or races a horse on SEC. 3. PROHIBITIONS ON USE OF PERFORM- across the country. The decline is espe- performance enhancing drugs faces ANCE-ENHANCING DRUGS. cially stark considering that horse- minimum fines and suspensions. The (a) IN GENERAL.—The Interstate Horse- racing Act of 1978 (15 U.S.C. 3001 et seq.) is racing was once the No. 1 spectator winner of each race plus one additional sport in the United States. One poll of amended— horse must be tested for performance (1) by redesignating section 9 as section 11; sports industry insiders found that enhancing drugs. To ensure quality and most think horseracing is in decline or testing, the bill requires that test labs (2) by inserting after section 8 the fol- dying. With the loss of fans, comes the are accredited to quality standards. lowing: loss of revenue that ultimately sus- This legislation envisions that indi- ‘‘SEC. 9. PROHIBITIONS ON USE OF PERFORM- tains a $40 billion industry and 400,000 vidual state racing commissions would ANCE-ENHANCING DRUGS. jobs nationwide, including 10,000 jobs in continue to enforce horseracing rules ‘‘(a) DEFINITIONS.—In this section: my home State. As current fans leave within their jurisdiction, including the ‘‘(1) ACCREDITED THIRD PARTY CONFORMITY ASSESSMENT BODY.—The term ‘accredited the sport, many potential new fans will new anti-doping rules. However, the third party conformity assessment body’ probably never come to the track while Federal Trade Commission can also en- means a testing laboratory that has an ac- doping is rampant. force the anti-doping rules if there is creditation— Although a horse may need thera- inadequate enforcement. The new rules ‘‘(A) meeting International Organization peutic medication from time to time, would apply only to those races that for Standardization/International Electro- there is no excuse for injecting almost are already governed by the IHA. technical Commission standard 17025:2005 en- all thoroughbreds hours before they In addition to the animal welfare titled ‘General Requirements for the Com- race. As RCI Chairman William issues that doping creates, I know how petence of Testing and Calibration Labora- Koester rightly noted, that just does important drug reform is for those who tories’ (or any successor standard); make their living from the sport. Pass- ‘‘(B) from an accreditation body that is a not pass the smell test with the public signatory to the International Laboratory or anyone else. While medicating sound ing this legislation will help bring in- Accreditation Cooperation Mutual Recogni- horses on race day is concerning, the tegrity back to racing, benefitting ev- tion Arrangement; and doping of sore horses is appalling. Sore eryone involved and, most impor- ‘‘(C) that includes testing for performance- and lame horses should not be raced. tantly, the health and safety of the enhancing drugs within the scope of the ac- Feeling no pain, an injured horse on horses at the center of it all. creditation. drugs may continue to charge down the I urge my colleagues to support the ‘‘(2) PERFORMANCE-ENHANCING DRUG.—The track, endangering every horse and Interstate Horseracing Improvement term ‘performance-enhancing drug’— ‘‘(A) means any substance capable of af- jockey in the race. Drugs may account Act. Mr. President, I ask unanimous con- fecting the performance of a horse at any for the fact that the U.S. horse fatality sent that the text of the bill be printed time by acting on the nervous system, car- rate is more than three times higher diovascular system, respiratory system, di- in the RECORD. than in comparable British flat racing. There being no objection, the text of gestive system, urinary system, reproductive system, musculoskeletal system, blood sys- Trainers or anyone else caught doping the bill was ordered to be printed in racehorses should face stiff penalties, tem, immune system (other than licensed the RECORD, as follows: including fines and meaningful suspen- vaccines against infectious agents), or endo- S. 886 sions. crine system of the horse; and This is a matter of concern to me as Be it enacted by the Senate and House of Rep- ‘‘(B) includes the substances listed in the resentatives of the United States of America in Alphabetized Listing of Drugs in the Janu- a senator from a state where Congress assembled, ary 2010 revision of the Association of Racing quarterhorse and thoroughbred racing SECTION 1. SHORT TITLE. Commissioners International, Inc., publica- is an important industry. But it should This Act may be cited as the ‘‘Interstate tion entitled ‘Uniform Classification Guide- be of concern to all my Senate col- Horseracing Improvement Act of 2011’’. lines for Foreign Substances’.

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‘‘(b) PROHIBITION ON ENTERING HORSES sults from the initiation of a civil action though all applicable terms and provisions of UNDER THE INFLUENCE OF PERFORMANCE-EN- pursuant to section 10. the Federal Trade Commission Act (15 U.S.C. HANCING DRUGS IN RACES SUBJECT TO INTER- ‘‘(2) SUSPENSION OF HORSES.—A horse that 41 et seq.) were incorporated into and made STATE OFF-TRACK WAGERING.—A person may is provided with a performance-enhancing part of this section. not— drug or is raced in violation of subsection (b) ‘‘(3) ENFORCEMENT WITH RESPECT TO NON- ‘‘(1) enter a horse in a race that is subject shall— PROFIT ORGANIZATIONS.—Notwithstanding to an interstate off-track wager if the person ‘‘(A) for the first such violation, be sus- any provision of the Federal Trade Commis- knows the horse is under the influence of a pended for a period of not less than 180 days sion Act (15 U.S.C. 41 et seq.), the Federal performance-enhancing drug; or from racing in any horserace that is the sub- Trade Commission shall have the authority ‘‘(2) knowingly provide a horse with a per- ject of an interstate off-track wager; to enforce the provisions of this section pur- formance-enhancing drug if the horse, while ‘‘(B) for the second such violation, be sus- suant to paragraph (1) with respect to orga- under the influence of the drug, will partici- pended for a period of not less than 1 year nizations that are described in section pate in a race that is subject to an interstate from racing in any horserace that is the sub- 501(c)(3) of the Internal Revenue Code of 1986 off-track wager. ject of an interstate off-track wager; and and that are exempt from taxation under ‘‘(c) REGULATIONS OF THE HOST RACING AS- ‘‘(C) for the third or subsequent such viola- section 501(a) of such Code. SOCIATION BANNING PERFORMANCE-ENHANCING tion, be suspended for a period of not less ‘‘(g) RULEMAKING.—The Federal Trade DRUGS.—A host racing association may not than 2 years from racing in any horserace Commission shall prescribe such rules as conduct a horserace that is the subject of an that is the subject of an interstate off-track may be necessary to carry out the provisions interstate off-track wager unless the host wager. of this section in accordance with the provi- racing association has a policy in place ‘‘(3) VIOLATIONS IN MULTIPLE STATES.—A sions of section 553 of title 5, United States that— person shall be subject to a penalty described Code. ‘‘(1) bans any person from providing a in clause (ii) or (iii) of paragraph (1)(A), and ‘‘(h) EFFECT ON STATE LAWS.—Nothing in horse with a performance-enhancing drug if a horse shall be subject to suspension under this section preempts a State from adopting the horse will participate in such a horserace subparagraph (B) or (C) of paragraph (2), for or enforcing a law, policy, or regulation pro- while under the influence of the drug; a second or subsequent violation of sub- hibiting the use of performance-enhancing ‘‘(2) bans the racing of a horse that is section (b) without regard to whether the drugs in horseracing to the extent that the under the influence of a performance-en- prior violation and the second or subsequent law, policy, or regulation imposes additional hancing drug; violation occurred in the same State. requirements or higher penalties than are ‘‘(3) requires, for each horserace that is the ‘‘(e) AGREEMENTS FOR ENFORCEMENT BY provided for under this section. subject of an interstate off-track wager, that HOST RACING COMMISSIONS.— ‘‘SEC. 10. PRIVATE RIGHT OF ACTION FOR CER- an accredited third party conformity assess- ‘‘(1) IN GENERAL.—The Federal Trade Com- TAIN VIOLATIONS. ment body test for any performance-enhanc- mission may enter into an agreement with a ‘‘Notwithstanding sections 6 and 7, in any ing drug— host racing commission under which the case in which a person has reason to believe ‘‘(A) the first-place horse in the race; and host racing commission agrees to enforce the that an interest of that person is threatened ‘‘(B) one additional horse, to be randomly provisions of this section with respect to or adversely affected by the engagement of selected from the other horses participating horseraces that are the subject of interstate another person in a practice that violates a in the race; and off-track wagers in the host State. provision of section 9 or a rule prescribed ‘‘(4) requires the accredited third party ‘‘(2) CONDITIONAL AVAILABILITY OF CIVIL under section 9, the person may bring a civil conformity assessment body performing PENALTIES TO HOST RACING COMMISSIONS.—If a action in an appropriate district court of the tests described in paragraph (3) to report any host racing commission agrees to enforce the United States or other court of competent test results demonstrating that a horse may provisions of this section pursuant to an jurisdiction— participate, or may have participated, in a agreement under paragraph (1), any amounts ‘‘(1) to enjoin the practice; horserace that is the subject of an interstate received by the United States as a result of ‘‘(2) to enforce compliance with the provi- off-track wager while under the influence of a civil penalty imposed under subsection sion or rule; a performance-enhancing drug— (d)(1) with respect to a horserace that oc- ‘‘(3) to enforce the penalties provided for ‘‘(A) to the Federal Trade Commission; and curred in the State in which the host racing under section 9(d); ‘‘(B) if the host racing commission has en- commission operates shall be available to ‘‘(4) to obtain damages or restitution, in- tered into an agreement under subsection the host racing commission, without further cluding court costs and reasonable attorney (e), to the host racing commission. appropriation and until expended, to cover and expert witness fees; and ‘‘(d) PENALTIES.— the costs incurred by the host racing com- ‘‘(5) to obtain such other relief as the court ‘‘(1) CIVIL PENALTIES.— mission in enforcing the provisions of this considers appropriate.’’. ‘‘(A) IN GENERAL.—A person that provides a section. (b) EFFECTIVE DATE.—The amendments horse with a performance-enhancing drug or ‘‘(f) ENFORCEMENT BY THE FEDERAL TRADE made by subsection (a) shall take effect on races a horse in violation of subsection (b) COMMISSION.— the date of the enactment of this Act and shall be— ‘‘(1) IN GENERAL.—The Federal Trade Com- apply with respect to horseraces occurring ‘‘(i) for the first such violation— mission shall enforce the provisions of this on or after that date. ‘‘(I) subject to a civil penalty of not less section— f than $5,000; and ‘‘(A) with respect to horseraces that are ‘‘(II) suspended for a period of not less than the subject of interstate off-track wagers SUBMITTED RESOLUTIONS 180 days from all activities relating to any that occur— horserace that is the subject of an interstate ‘‘(i) in any State in which the host racing off-track wager; commission does not enter into an agree- SENATE RESOLUTION 162—EX- ‘‘(ii) for the second such violation— ment under subsection (e); and PRESSING THE SENSE OF THE ‘‘(I) subject to a civil penalty of not less ‘‘(ii) in any State in which the host racing SENATE THAT STABLE AND AF- than $20,000; and commission has entered into an agreement FORDABLE HOUSING IS AN ES- ‘‘(II) suspended for a period of not less than under subsection (e) if the Federal Trade SENTIAL COMPONENT OF AN EF- 1 year from all activities relating to any Commission determines the host racing com- FECTIVE STRATEGY FOR THE horserace that is the subject of an interstate mission is not adequately enforcing the pro- off-track wager; and visions of this section; and PREVENTION, TREATMENT, AND ‘‘(iii) for the third or subsequent such vio- ‘‘(B) with respect to violations of sub- CARE OF HUMAN IMMUNO- lation— section (b) by a person, or with respect to a DEFICIENCY VIRUS, AND THAT ‘‘(I) subject to a civil penalty of not less horse, in multiple States. THE UNITED STATES SHOULD than $50,000; and ‘‘(2) UNFAIR OR DECEPTIVE ACT OR PRACTICE; MAKE A COMMITMENT TO PRO- ‘‘(II) permanently banned from all activi- ACTIONS BY FEDERAL TRADE COMMISSION.—In VIDING ADEQUATE FUNDING FOR ties relating to any horserace that is the cases in which the Federal Trade Commis- THE DEVELOPMENT OF HOUSING subject of an interstate off-track wager. sion enforces the provisions of this section AS A RESPONSE TO THE AC- ‘‘(B) HORSERACING ACTIVITIES.—For pur- pursuant to paragraph (1)— poses of subparagraph (A), activities relating ‘‘(A) a violation of a prohibition described QUIRED IMMUNODEFICIENCY to a horserace that is the subject of an inter- in subsection (b) or (c) shall be treated as a SYNDROME PANDEMIC state off-track wager include being phys- violation of a rule defining an unfair or de- Mr. MENENDEZ (for himself, Mr. ically present at any race track at which any ceptive act or practice described under sec- DURBIN, Mr. FRANKEN, Mr. KERRY, Mr. such horserace takes place, placing a wager tion 18(a)(1)(B) of the Federal Trade Commis- LAUTENBERG, Mr. MERKLEY, Mr. SAND- on any such horserace, and entering a horse sion Act (15 U.S.C. 57a(a)(1)(B)); and ERS, Ms. SNOWE, Ms. STABENOW, Mr. in any such horserace. ‘‘(B) except as provided in paragraph (3), HITEHOUSE IEBERMAN ‘‘(C) PAYMENT OF CIVIL PENALTIES.—A civil the Federal Trade Commission shall enforce W , and Mr. L ) sub- penalty imposed under this paragraph shall the provisions of this section in the same mitted the following resolution; which be paid to the United States without regard manner, by the same means, and with the was referred to the Committee on to whether the imposition of the penalty re- same jurisdiction, powers, and duties as Banking, Housing, and Urban Affairs:

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.063 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2692 CONGRESSIONAL RECORD — SENATE May 4, 2011 S. RES. 162 S. RES. 163 producer of electronic information re- Whereas adequate and secure housing for Whereas since 1836, the National Library of sources used by millions of people people with human immunodeficiency virus Medicine has played a crucial role in infor- around the globe every day. or acquired immunodeficiency syndrome (re- mation innovation, revolutionizing the way The NLM has been fortunate to be ferred to in this preamble as ‘‘HIV/AIDS’’) is scientific and medical information is orga- led by Donald A.B. Lindberg, M.D. a challenge with global dimensions, and ade- nized, stored, accessed, and disseminated; since 1984. Under Dr. Lindberg’s leader- quate housing is one of the greatest unmet Whereas the National Library of Medicine needs of people in the United States with houses the largest and most distinguished ship, the Library has dramatically ad- HIV/AIDS; collection of health science and medical re- vanced toward its goal of providing ac- Whereas growing empirical evidence shows search literature in the world and serves as cess to biomedical information—any- that socioeconomic status and structural a vital resource to researchers, health pro- time, anywhere—for scientists, health factors such as access to adequate housing fessionals, and health care consumers; professionals, and the public. During are key determinants of health; Whereas the National Library of Medicine Dr. Lindberg’s tenure, NLM has em- Whereas the link between poverty, dispari- produces and provides free public access to braced the Internet as the primary ties in the risk of human immunodeficiency comprehensive online databases of biologi- mode of delivering its services and ex- virus (referred to in this resolution as cal, genomic, and clinical research data that ‘‘HIV’’) infection, and health outcomes is are a lynchpin to cutting edge biomedical re- panded its portfolio to include genetic well established, and new research dem- search and are searched more than sequence data, high-resolution anatom- onstrates the direct relationship between in- 2,000,000,000 times each year; ical images, clinical trials information, adequate housing and greater risk of HIV in- Whereas the National Library of Medicine and a wide array of high-quality infor- fection, poor health outcomes, and early plays a central role in developing health mation for consumers. One wonders death; data standards to enable efficient use and ex- what astonishing developments the Whereas rates of HIV infection are 3 to 16 change of health information in electronic next 175 years might bring. times higher among people who are homeless health records; Throughout its 175 years, NLM’s or have an unstable housing situation, 70 Whereas the National Library of Medicine work has been vital to facilitating and percent of all people living with HIV/AIDS has conducted and supported training pro- report an experience of homelessness or grams for ground-breaking informatics re- improving the effectiveness of bio- housing instability during their lifetime, and search and development for more than 40 medical research, getting important the HIV/AIDS death rate is 7 to 9 times high- years; health information out to health pro- er for homeless adults than for the general Whereas the National Library of Medicine fessionals and consumers and con- population; is a leading source of toxicology, environ- ducting groundbreaking informatics Whereas poor living conditions, including mental health, and disaster preparedness and research. overcrowding and homelessness, undermine response information, including innovative Index Medicus, a groundbreaking safety, privacy, and efforts to promote self- use of information technology and mobile index of medical journal articles first respect, human dignity, and responsible sex- devices for first responders; published in 1879, evolved into ual behavior; Whereas the National Library of Medicine Whereas people who are homeless or have has developed a wide range of consumer MEDLINE, the first marriage of online an unstable housing situation are 2 to 6 health information resources, which have search technology and nationwide tele- times more likely to use hard drugs, share improved the health of citizens of the United communications, in 1971. Available free needles, or exchange sex for money and hous- States and persons around the globe; and of charge since 1997 via the Internet, ing than similar persons with stable housing, Whereas the long and distinguished history PubMed/MEDLINE is today the most because the lack of stable housing directly of the National Library of Medicine is wor- frequently consulted medical database impacts the ability of people living in pov- thy of special commemoration by the people in the world. erty to reduce HIV risk behaviors; of the United States: Now, therefore, be it NLM began providing toxicology and Whereas, in spite of the evidence indi- Resolved, That the Senate— cating that adequate housing has a direct (1) commemorates the 175th anniversary of environmental health data for use in positive effect on HIV prevention, treatment, the United States National Library of Medi- emergency response and disaster man- and health outcomes, the housing resources cine; agement in the mid–1960s. Today, it devoted to the national response to HIV/ (2) salutes the National Library of Medi- produces information services to help AIDS have been inadequate, and housing has cine for a long and distinguished record of health professionals, disaster informa- been largely ignored in policy discussions at service to citizens of the United States and tion specialists, and the general public the international level; and people around the globe, and for the many cope with emergencies and disasters Whereas, in 1990, Congress recognized the contributions of the National Library of ranging from children swallowing housing needs of people with HIV/AIDS when Medicine in the area of information innova- it enacted the AIDS Housing Opportunity tion; and household cleaners to overturned Act (42 U.S.C. 12901 et seq.), commonly re- (3) calls upon the people of the United trucks carrying hazardous materials to ferred to as the ‘‘Housing Opportunities for States to observe the 175th anniversary of the widespread effects of hurricanes, Persons with AIDS Program’’ or ‘‘HOPWA the United States National Library of Medi- earthquakes, wildfires, and oil spills. Program’’, as part of the Cranston-Gonzalez cine with appropriate recognition and activi- NLM established librarian training National Affordable Housing Act (Public ties. programs and the National Network of Law 101–625; 104 Stat. 4079), and the HOPWA Mr. HARKIN. Mr. President, as a Libraries of Medicine in the late 1960s, program currently serves approximately member of the Senate who has been to provide equal access to the bio- 60,000 households: Now, therefore, be it very interested in and involved with medical literature to persons across Resolved, That it is the sense of the Senate that— the areas of biomedical research, the country. Now with nearly 6,000 (1) stable and affordable housing is an es- health care and the improvement of members, NLM and this network of sential component of an effective strategy the public health, I want to draw the academic, hospital, and public libraries for human immunodeficiency virus preven- attention of the Congress and the Na- partner with community-based organi- tion, treatment, and care; and tion to the 175th anniversary of the Na- zations to bring high-quality informa- (2) the United States should make a com- tional Library of Medicine, NLM, lo- tion services to health professionals mitment to providing adequate funding for cated at the National Institutes of and the public—regardless of geo- the development of housing as a response to Health, NIH. graphic location, socioeconomic status the acquired immunodeficiency syndrome pandemic. NLM has changed the way scientific or level of access to computers and and medical information is organized, telecommunications. f stored, accessed and disseminated. NLM has conducted and supported Throughout its distinguished history, training programs and groundbreaking SENATE RESOLUTION 163—COM- the Library’s hallmark has been infor- informatics research and development MEMORATING THE 175TH ANNI- mation innovation, leading to exciting for more than 40 years. The Library, its VERSARY OF THE UNITED scientific discoveries that ultimately grantees, and its former trainees con- STATES NATIONAL LIBRARY OF improve the public health. tinue to play essential roles in the de- MEDICINE From its modest beginnings as the velopment of electronic health records, Mr. HARKIN submitted the following Library of the U.S. Army Surgeon Gen- health data standards, and the ex- resolution; which was referred to the eral in 1836, the National Library of change of health information. Committee on Health, Education, Medicine has grown to become the NLM is home to the National Center Labor, and Pensions: world’s largest medical library and the for Biotechnology Information, NCBI,

VerDate Mar 15 2010 02:41 May 05, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.060 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2693 established in 1988 as a national re- Mr. KOHL, Mr. JOHNSON of South Da- as a unit of the National Park System, source for molecular biology informa- kota, and Mr. CARDIN) submitted the and for other purposes; tion. Its work was essential to the following resolution; which was consid- S. 177, to authorize the Secretary of mapping of the human genome. Today, ered and agreed to: the Interior to acquire the Gold Hill NCBI is an indispensable international S. RES. 164 Ranch in Coloma, California; repository and software tool developer Whereas education is the foundation of the S. 247, to establish the Harriet Tub- for genetic sequences and other sci- current and future strength of the United man National Historical Park in Au- entific data, and a pioneer and leader States; burn, New York, and the Harriet Tub- in linking data and published research Whereas teachers and other education staff man Underground Railroad National results to promote new scientific dis- have earned and deserve the respect of stu- Historical Park in Caroline, Dor- coveries. dents and communities for selfless dedica- chester, and Talbot Counties, Mary- tion to our Nation’s children; NLM began intensive development of land, and for other purposes; Whereas the purpose of ‘‘National Teacher S. 279, to direct the Secretary of the Web health information services for Appreciation Week’’, which is May 2, 2011, the general public in 1998 with the re- through May 6, 2011, is to raise public aware- Interior to carry out a study to deter- lease of MedlinePlus.gov. Now avail- ness of the important contributions of teach- mine the suitability and feasibility of able in English and Spanish, ers and to promote greater respect and un- establishing Camp Hale as a unit of the MedlinePlus is just one of many NLM derstanding for the teaching profession; National Park System; consumer health information products Whereas the teachers of the United States S. 302, to authorize the Secretary of also available on mobile devices. An play an important role in preparing children the Interior to issue right-of-way per- to be positive and contributing members of mits for a natural gas transmission award-winning free magazine, NIH society; and MedlinePlus, is edited by NLM staff pipeline in nonwilderness areas within Whereas students, schools, communities, the boundary of Denali National Park, and is an important vehicle for sharing and a number of organizations are hosting information from all of the NIH Insti- teacher appreciation events in recognition of and for other purposes; tutes and Centers, in language that ‘‘National Teacher Appreciation Week’’: S. 313, to authorize the Secretary of consumers can easily understand. Cop- Now, therefore, be it the Interior to issue permits for a ies of the magazine, both an English Resolved, That the Senate— microhydro project in nonwilderness (1) thanks teachers for their service; and Spanish-language version, are dis- areas within the boundaries of Denali (2) promotes the profession of teaching; National Park and Preserve, to acquire tributed to doctors’ offices, clinics, and community health centers and other land for Denali National Park and Pre- (3) encourages students, parents, school ad- serve from Doyon Tourism, Inc., and sites around the Nation. ministrators, and public officials to partici- NLM released ClinicalTrials.gov in pate in teacher appreciation events during for other purposes; 2000. It is now the world’s largest ‘‘National Teacher Appreciation Week’’. S. 323, to establish the First State National Historical Park in the State source of information about clinical f trials recruiting for patients and of Delaware, and for other purposes; NOTICES OF HEARINGS S. 403, to amend the Wild and Scenic healthy volunteers, and also provides Rivers Act to designate segments of summary results of some trials long COMMITTEE ON INDIAN AFFAIRS the Molalla River in the State of Or- before they appear in the published lit- Mr. AKAKA. Mr. President, I would egon, as components of the National erature. like to announce that the Committee Wild and Scenic Rivers System, and for In 2003, the Library teamed with the on Indian Affairs will meet on Thurs- other purposes; National Institute on Aging to launch day, May 5, 2011, at 2:15 p.m. in room S. 404, to modify a land grant patent NIHSeniorHealth. The site features au- 628 of the Dirksen Senate Office Build- ing to conduct an oversight hearing on issued by the Secretary of the Interior; thoritative, up-to-date information S. 508, to establish the Chimney Rock from the NIH Institutes and Centers, in ‘‘Stolen Identities: The Impact of Rac- ist Stereotypes on Indigenous People.’’ National Monument in the State of a format that addresses the cognitive Colorado; changes that come with older adult- Those wishing additional information may contact the Indian Affairs Com- S. 535, to authorize the Secretary of hood and allows easy use. the Interior to lease certain lands Also in 2003, NLM began a program mittee. COMMITTEE ON ENERGY AND NATURAL within Fort Pulaski National Monu- called the Information Rx. Partnering ment, and for other purposes; with a variety of respected national RESOURCES Mr. BINGAMAN. Mr. President, I S. 564, to designate the Valles physician groups and other organiza- would like to announce for the infor- Caldera National Preserve as a unit of tions, NLM has supplied prescription mation of the Senate and the public the National Park System, and for pads to health providers, so that they that a hearing has been scheduled be- other purposes; can point their patients to the first- fore the Subcommittee on National S. 599, to establish a commission to rate health information on the Parks. commemorate the sesquicentennial of MedlinePlus site. The hearing will be held on Wednes- the American Civil War; In recognition of its many achieve- day, May 11, 2011, at 2:30 p.m. in room S. 713, to modify the boundary of Pe- ments, today I am introducing the fol- SD–366 of the Dirksen Senate Office tersburg National Battlefield in the lowing Senate Resolution to com- Building. Commonwealth of Virginia, and for memorate the 175th anniversary of the The purpose of the hearing is to re- other purposes; founding of the National Library of ceive testimony on the following bills: S. 765, to modify the boundary of the Medicine. I offer my congratulations to S. 114, to authorize the Secretary of Oregon Caves National Monument, and NLM and to its current and past lead- the Interior to enter into a cooperative for other purposes; ership and staff and thank them for agreement for a park headquarters at S. 779, to authorize the acquisition their important public service. San Antonio Missions National Histor- and protection of nationally significant f ical Park, to expand the boundary of battlefields and associated sites of the Revolutionary War and the War of 1812 SENATE RESOLUTION 164—RECOG- the Park, to conduct a study of potential land acquisitions, and for other under the American Battlefield Protec- NIZING THE TEACHERS OF THE tion Program; UNITED STATES FOR THEIR CON- purposes; S. 127, to establish the Buffalo Bayou S. 849, to establish the Waco Mam- TRIBUTIONS TO THE DEVELOP- National Heritage Area in the State of moth National Monument in the State MENT AND PROGRESS OF OUR Texas, and for other purposes; of Texas, and for other purposes; and NATION S. 140, to designate as wilderness cer- S. 858, to authorize the Secretary of Mr. LAUTENBERG (for himself, Ms. tain land and inland water within the the Interior to conduct a special re- MURKOWSKI, Mrs. MURRAY, Mrs. Sleeping Bear Dunes National Lake- source study to determine the suit- GILLIBRAND, Ms. LANDRIEU, Ms. shore in the State of Michigan, and for ability and feasibility of designating STABENOW, Mrs. FEINSTEIN, Mr. COONS, other purposes; the Colonel Charles Young Home in Mr. SANDERS, Mr. BEGICH, Mr. SCHU- S. 161, to establish Pinnacles Na- Xenia, Ohio as a unit of the National MER, Mr. BROWN of Ohio, Mr. WARNER, tional Park in the State of California Park System, and for other purposes.

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.062 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE S2694 CONGRESSIONAL RECORD — SENATE May 4, 2011 Because of the limited time available For further information, please con- SUBCOMMITTEE ON PERSONNEL for the hearing, witnesses may testify tact Al Stayman or Abigail Campbell. Mr. REED. Mr. President, I ask unanimous consent that the Subcommittee by invitation only. However, those f wishing to submit written testimony on Personnel of the Committee on for the hearing record should send it to AUTHORITY FOR COMMITTEES TO Armed Services be authorized to meet the Committee on Energy and Natural MEET during the session of the Senate on Resources, United States Senate, COMMITTEE ON FINANCE May 4, 2011, at 2 p.m. The PRESIDING OFFICER. Without Washington, DC 20510–6150, or by email Mr. REED. Mr. President, I ask unan- _ objection, it is so ordered. to allison [email protected]. imous consent that the Committee on For further information, please con- Finance be authorized to meet during SUBCOMMITTEE ON STRATEGIC FORCES tact Sara Tucker or Allison Seyferth. the session of the Senate on May 4, Mr. REED. Mr. President, I ask unan- COMMITTEE ON ENERGY AND NATURAL 2011, at 10 a.m., in 215 Dirksen Senate imous consent that the Subcommittee RESOURCES Office Building, to conduct a hearing on Strategic Forces of the Committee Mr. BINGAMAN. Mr. President, I entitled ‘‘Budget Enforcement Mecha- on Armed Services be authorized to would like to announce for the infor- nisms. meet during the session of the Senate mation of the Senate and the public The PRESIDING OFFICER. Without on May 4, 2011, at 2:30 p.m. The PRESIDING OFFICER. Without that a hearing has been scheduled be- objection, it is so ordered. fore the Senate Committee on Energy objection, it is so ordered. COMMITTEE ON FOREIGN RELATIONS and Natural Resources. The hearing f will be held on Thursday, May 12, 2011, Mr. REED. Mr. President, I ask unan- PRIVILEGES OF THE FLOOR at 9:30 a.m., in room SD–366 of the imous consent that the Committee on Dirksen Senate Office Building. Foreign Relations be authorized to Mrs. HUTCHISON. Mr. President, I The purpose of the hearing is to re- meet during the session of the Senate ask unanimous consent that Jesse ceive testimony on carbon capture and on May 4, 2011, at 2:45 p.m. Boettcher be granted floor privileges. sequestration legislation, including S. The PRESIDING OFFICER. Without He is currently my military fellow. 699 and S. 757. objection, it is so ordered. The PRESIDING OFFICER. Without Because of the limited time available COMMITTEE ON HOMELAND SECURITY AND objection, it is so ordered. for the hearing, witnesses may testify GOVERNMENTAL AFFAIRS Mrs. HUTCHISON. Mr. President, as by invitation only. However, those Mr. REED. Mr. President, I ask unan- Jesse Boettcher is coming to the wishing to submit written testimony imous consent that the Committee on floor—and before I speak—I want to for the hearing record may do so by Homeland Security and Governmental say he has served in the Army Special sending it to the Committee on Energy Affairs be authorized to meet during Operations Command for the past 16 and Natural Resources, United States the session of the Senate on May 4, years. Jesse, a special forces sergeant Senate, Washington, D.C. 20510–6150, or 2011, at 10 a.m. to conduct a hearing en- major, has deployed to Iraq and Af- by e-mail to Abi- titled ‘‘Securing the Border: Progress ghanistan numerous times over the [email protected]. at the Federal level.’’ past decade, and he has added tremen- For further information, please con- The PRESIDING OFFICER. Without dously to our office’s military and tact Allyson Anderson or Abigail objection, it is so ordered. overall productivity. Campbell. COMMITTEE ON THE JUDICIARY Mr. MERKLEY. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL Mr. REED. Mr. President, I ask unan- unanimous consent that my intern, RESOURCES imous consent that the Committee on Eric Strod, be granted the privilege of Mr. BINGAMAN. Mr. President, I the Judiciary be authorized to meet the floor through the balance of the would like to announce for the infor- during the session of the Senate, on day. The PRESIDING OFFICER. Without mation of the Senate and the public May 4, 2011, at 10 a.m., in room SD–226 objection, it is so ordered. that a hearing has been scheduled be- of the Dirksen Senate Office Building, Mr. HARKIN. Mr. President, I ask fore the Senate Committee on Energy to conduct a hearing entitled ‘‘Over- unanimous consent that Samantha and Natural Resources. The hearing sight of the U.S. Department of Jus- Wessels, Kelly Mormon, and Carolyn will be held on Thursday, June 16, 2011, tice.’’ Trager of my staff be granted the privi- at 10:30 a.m., in room SD–366 of the The PRESIDING OFFICER. Without lege of the floor for the duration of to- Dirksen Senate Office Building. objection, it is so ordered. The purpose of this hearing is to re- day’s proceedings. COMMITTEE ON THE JUDICIARY view S. 343, a bill to amend Title I of The PRESIDING OFFICER. Without Mr. REED. Mr. President, I ask unan- PL 99–658 regarding the Compact of objection, it is so ordered. imous consent that the Committee on Free Association between the Govern- f the Judiciary be authorized to meet ment of the United States of America during the session of the Senate, on CONGRATULATING THE UNIVER- and the Government of Palau, to ap- May 4, 2011, at 2:30 p.m., in room SD– SITY OF MINNESOTA DULUTH prove the results of the 15-year review 226 of the Dirksen Senate Office Build- MEN’S ICE HOCKEY TEAM of the Compact, including the Agree- ing, to conduct a hearing entitled Mr. MERKLEY. Mr. President, I ask ment Between the Government of the ‘‘Nominations.’’ unanimous consent that the Judiciary United States of America and the Gov- The PRESIDING OFFICER. Without Committee be discharged from further ernment of the Republic of Palau fol- objection, it is so ordered. consideration of S. Res. 151 and the lowing the Compact of Free Associa- Senate proceed to its immediate con- tion Section 432 Review, to appropriate COMMITTEE ON VETERANS’ AFFAIRS Mr. REED. Mr. President, I ask unan- sideration. funds for the purposes of the amended The PRESIDING OFFICER. Without PL 99–658 for fiscal years ending on or imous consent that the Committee on Veterans’ Affairs be authorized to meet objection, it is so ordered. before September 30, 2024, and to carry The clerk will report the resolution out the agreements resulting from that during the session of the Senate, on May 4, 2011. by title. review. The legislative clerk read as follows: Because of the limited time available The PRESIDING OFFICER. Without objection, it is so ordered. A resolution (S. Res. 151) congratulating for the hearing, witnesses may testify the University of Minnesota Duluth men’s by invitation only. However, those SELECT COMMITTEE ON INTELLIGENCE ice hockey team on winning their first Na- wishing to submit written testimony Mr. REED. Mr. President, I ask unan- tional Collegiate Athletic Association for the hearing record may do so by imous consent that the Select Com- (NCAA) Division I Men’s Hockey National sending it to the Committee on Energy mittee on Intelligence be authorized to Championship. and Natural Resources, United States meet during the session of the Senate There being no objection, the Senate Senate, Washington, DC 20510–6150, or on May 4, 2011, at 10 a.m. proceeded to consider the resolution. by e-mail to Abi- The PRESIDING OFFICER. Without Mr. MERKLEY. Mr. President, I ask [email protected]. objection, it is so ordered. unanimous consent that the resolution

VerDate Mar 15 2010 03:16 May 05, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A04MY6.070 S04MYPT1 tjames on DSKG8SOYB1PROD with SENATE May 4, 2011 CONGRESSIONAL RECORD — SENATE S2695 be agreed to, the preamble be agreed be agreed to, the preamble be agreed ORDERS FOR THURSDAY, MAY 5, to, the motions to reconsider be laid to, the motions to reconsider be laid 2011 upon the table, with no intervening ac- upon the table, with no intervening ac- Mr. MERKLEY. Mr. President, I ask tion or debate, and any statements be tion or debate, and any statements be unanimous consent that when the Sen- printed in the RECORD. printed in the RECORD. ate completes its business today, it ad- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without journ until 10 a.m. on Thursday, May 5; objection, it is so ordered. objection, it is so ordered. that following the prayer and pledge, The resolution (S. Res. 151) was The resolution (S. Res. 164) was the Journal of proceedings be approved agreed to. agreed to. to date, the morning hour be deemed The preamble was agreed to. The preamble was agreed to. expired, the time for the two leaders be The resolution, with its preamble, The resolution, with its preamble, reads as follows: reserved for their use later in the day, reads as follows: and that following any leader remarks, S. RES. 151 S. RES. 164 the Senate proceed to a period of morn- Whereas on Saturday, April 9, 2011, the Whereas education is the foundation of the University of Minnesota Duluth won the 2011 ing business for debate only until 5 current and future strength of the United NCAA Division I Men’s Ice Hockey Cham- p.m., with Senators permitted to speak States; pionship; therein for up to 10 minutes each, with Whereas teachers and other education staff the first hour equally divided and con- Whereas this is the first national cham- have earned and deserve the respect of stu- pionship for the University of Minnesota Du- dents and communities for selfless dedica- trolled between the two leaders or luth Bulldogs men’s ice hockey team (the tion to our Nation’s children; their designees, with the Republicans ‘‘University of Minnesota Duluth’’); Whereas the purpose of ‘‘National Teacher controlling the first 30 minutes and the Whereas the University of Minnesota Du- Appreciation Week’’, which is May 2, 2011, majority controlling the next 30 min- luth won the Frozen Four championship through May 6, 2011, is to raise public aware- utes. game with a 3 to 2 sudden death win over the ness of the important contributions of teach- University of Michigan; The PRESIDING OFFICER. Without ers and to promote greater respect and un- objection, it is so ordered. Whereas on Thursday, April 7, 2011, the derstanding for the teaching profession; University of Minnesota Duluth defeated the Whereas the teachers of the United States f University of Notre Dame in the Frozen Four play an important role in preparing children semifinal game with a score of 4 to 3 to ad- PROGRAM to be positive and contributing members of Mr. MERKLEY. Mr. President, the vance to the national championship game; society; and Whereas the game was played before a sell- Whereas students, schools, communities, next rollcall vote is expected on Mon- out crowd of more than 19,200 fans at the and a number of organizations are hosting day, May 9, at 5:30 p.m. That vote will Xcel Energy Center in St. Paul, Minnesota; teacher appreciation events in recognition of be in relation to a nomination. Whereas the University of Minnesota Du- ‘‘National Teacher Appreciation Week’’: f luth finished the 2010–2011 season with the Now, therefore, be it most wins since the 2003–2004 season; Resolved, That the Senate— ADJOURNMENT UNTIL 10 A.M. Whereas in the 2010–2011 season the Univer- (1) thanks teachers for their service; TOMORROW sity of Minnesota Duluth had the most fans (2) promotes the profession of teaching; Mr. MERKLEY. Mr. President, if for a home schedule in 50 Division I seasons, and averaging more than 6,800 fans; there is no further business to come be- (3) encourages students, parents, school ad- fore the Senate, I ask unanimous con- Whereas the University of Minnesota Du- ministrators, and public officials to partici- luth never lost more than 1 game in a row, a pate in teacher appreciation events during sent that it adjourn under the previous first in program history; and ‘‘National Teacher Appreciation Week’’. order. Whereas the University of Minnesota Du- There being no objection, the Senate, f luth had 6 wins and 1 loss in the postseason, at 6:59 p.m., adjourned until Thursday, closing with 4 straight wins and beating the APPOINTMENT May 5, 2011, at 10 a.m. top 2 teams in the Eastern College Athletic Conference in the East Regional and the top The PRESIDING OFFICER. The f 2 teams in the Central Collegiate Hockey As- Chair, on behalf of the Vice President, NOMINATIONS sociation in the Frozen Four: Now, therefore, pursuant to 14 U.S.C. 194, as amended be it by Public Law 101–595, and upon the Executive nominations received by Resolved, That the Senate— recommendation of the Chairman of the Senate: (1) recognizes the achievements of the the Committee on Commerce, Science SECURITIES INVESTOR PROTECTION players, coaches, students, and staff whose CORPORATION hard work and dedication helped the Univer- and Transportation, appoints the following Senators to the Board of Visi- ANTHONY FRANK D’AGOSTINO, OF MARYLAND, TO BE A sity of Minnesota Duluth win the 2011 NCAA DIRECTOR OF THE SECURITIES INVESTOR PROTECTION Division I Men’s Hockey National Champion- tors of the U.S. Coast Guard Academy: CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2011, ship; and the Senator from Mississippi (Mr. VICE MARK S. SHELTON, TERM EXPIRED. ANTHONY FRANK D’AGOSTINO, OF MARYLAND, TO BE A (2) recognizes University of Minnesota Du- WICKER), from the Committee on Com- DIRECTOR OF THE SECURITIES INVESTOR PROTECTION luth Chancellor Lendley Black and Athletic merce, Science and Transportation and CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2014. (REAPPOINTMENT) Director Bob Nielson, who have shown great the Senator from Pennsylvania (Mr. leadership in bringing athletic success to the DEPARTMENT OF THE TREASURY TOOMEY), At Large. University of Minnesota Duluth. JANICE EBERLY, OF ILLINOIS, TO BE AN ASSISTANT f SECRETARY OF THE TREASURY, VICE ALAN B. KRUEGER, f RESIGNED. MEASURE READ THE FIRST RECOGNIZING THE TEACHERS OF DEPARTMENT OF STATE TIME—H.R. 1213 THE UNITED STATES RYAN C. CROCKER, OF WASHINGTON, PERSONAL RANK Mr. MERKLEY. Mr. President, I un- OF CAREER AMBASSADOR, TO BE AMBASSADOR EX- Mr. MERKLEY. Mr. President, I ask TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED unanimous consent that the Senate derstand H.R. 1213 has been received STATES OF AMERICA TO THE ISLAMIC REPUBLIC OF AF- GHANISTAN. proceed to the immediate consider- from the House and is at the desk. THE JUDICIARY ation of S. Res. 164, which was intro- The PRESIDING OFFICER. The clerk will report the bill by title for CHRISTOPHER DRONEY, OF CONNECTICUT, TO BE duced earlier today. UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- The PRESIDING OFFICER. The the first time. CUIT, VICE GUIDO CALABRESI, RETIRED. The legislative clerk read as follows: DANA L. CHRISTENSEN, OF MONTANA, TO BE UNITED clerk will report the resolution by STATES DISTRICT JUDGE FOR THE DISTRICT OF MON- title. A bill (H.R. 1213) to repeal mandatory fund- TANA, VICE DONALD W. MOLLOY, RETIRING. The legislative clerk read as follows: ing provided to States in the Patient Protec- KATHERINE B. FORREST, OF NEW YORK, TO BE UNITED tion and Affordable Care Act to establish STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT A resolution (S. Res. 164) recognizing the OF NEW YORK, VICE JED S. RAKOFF, RETIRED. teachers of the United States for their con- American Health Benefit Exchanges. JOHN M. GERRARD, OF NEBRASKA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- tributions to the development and progress Mr. MERKLEY. I ask for its second BRASKA, VICE RICHARD G. KOPF, RETIRING. of our Nation. reading and object to my own request. YVONNE GONZALEZ ROGERS, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN There being no objection, the Senate The PRESIDING OFFICER. Objec- DISTRICT OF CALIFORNIA, VICE VAUGHN R. WALKER, RE- proceeded to consider the resolution. tion is heard. TIRED. Mr. MERKLEY. Mr. President, I ask The bill will be read for the second EDGARDO RAMOS, OF CONNECTICUT, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT unanimous consent that the resolution time on the next legislative day. OF NEW YORK, VICE STEPHEN C. ROBINSON, RESIGNED.

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ROBERT N. SCOLA, JR., OF FLORIDA, TO BE UNITED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID J. ROLL STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- JEANNINE M. RYDER OF FLORIDA, VICE PAUL C. HUCK, RETIRED. CATED UNDER TITLE 10, U.S.C., SECTION 12203: CAROLINE M. SAMUOLIS KATHRYN FORREST TATE DEPARTMENT OF JUSTICE To be brigadier general DWAYNE B. WILHITE DENNIS J. ERBY, OF MISSISSIPPI, TO BE UNITED COL. MARK W. PALZER THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE STATES MARSHAL FOR THE NORTHERN DISTRICT OF THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE MISSISSIPPI FOR THE TERM OF FOUR YEARS, VICE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- GRADE INDICATED IN THE RESERVE OF THE AIR FORCE LARRY WADE WAGSTER, RESIGNED. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: EDWARD M. SPOONER, OF FLORIDA, TO BE UNITED TITLE 10, U.S.C., SECTIONS 12203 AND 12211: STATES MARSHAL FOR THE NORTHERN DISTRICT OF To be colonel FLORIDA FOR THE TERM OF FOUR YEARS, VICE DENNIS To be major general JEFFERY D. AEBISCHER ARTHUR WILLIAMSON, TERM EXPIRED. BRIG. GEN. GERALD E. LANG GERALD S. ALONGE KREG M. ANDERSON ELECTION ASSISTANCE COMMISSION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL W. BANK IN THE UNITED STATES ARMY TO THE GRADE INDICATED THOMAS HICKS, OF VIRGINIA, TO BE A MEMBER OF THE MARK EDWIN BEST UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: ELECTION ASSISTANCE COMMISSION FOR A TERM EXPIR- DARLOW G. BOTHA, JR. ING DECEMBER 12, 2013, VICE GRACIA M. HILLMAN, TERM To be brigadier general CHARLES R. BOWES EXPIRED. JEFFREY CRAIG BOZARD COL. CHARLES R. BAILEY IN THE AIR FORCE SHAWN N. BRATTON THE FOLLOWING ARMY NATIONAL GUARD OF THE DONALD B. BREWER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICERS FOR APPOINTMENT IN THE WILLIAM J. BUTZ IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESERVE OF THE ARMY TO THE GRADES INDICATED WILLIAM A. CHRISTMAS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GERALD K. COLMER, JR. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TIMOTHY D. CROUCH 601: To be major general FREDERICK PUTNAM DAVIES RONALD D. DEAL BRIG. GEN. OMER C. TOOLEY, JR. To be lieutenant general JOEL EVAN DEGROOT MAJ. GEN. JAN-MARC JOUAS To be brigadier general VIRGINIA I. DOONAN ANTHONY W. DUBOSE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. BRIAN R. CARPENTER BRIAN J. DYKSTRA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE MARINE CORPS MAUREEN ANN EVANS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ARTHUR J. FLORU AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY HENRY GAASCH 601: TO THE GRADE OF LIEUTENANT GENERAL IN THE DAVID T. GARNER To be lieutenant general UNITED STATES MARINE CORPS WHILE ASSIGNED TO A PETER S. GARNER POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER NICHOLAS A. GENTILE, JR. MAJ. GEN. BROOKS L. BASH TITLE 10, U.S.C., SECTION 601: REBECCA S. GERVASI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general ROBERT S. GRANT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KIMBERLY K. L. GREENE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LT. GEN. JOHN R. ALLEN ROBERT J. GREY, JR. ROBERT A. HAMM AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 601: MARK D. HEINIGER TO THE GRADE OF LIEUTENANT GENERAL IN THE RANDALL LEE INMAN To be lieutenant general UNITED STATES MARINE CORPS WHILE ASSIGNED TO A DANIEL ERIC JARAMILLO POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER ERIC JONES MAJ. GEN. STEPHEN L. HOOG TITLE 10, U.S.C., SECTION 601: JAMES V. JONES THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED To be lieutenant general GARY WAYNE KIRK STATES OFFICER FOR APPOINTMENT IN THE RESERVE WILLIAM A. KRUEGER OF THE AIR FORCE TO THE GRADE INDICATED UNDER MAJ. GEN. RICHARD P. MILLS BURL NORMAN LAMBERT TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GREGOR J. LEIST To be brigadier general TO THE GRADE OF LIEUTENANT GENERAL IN THE KURT L. LESLIE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A RUSSELL MARK LIMKE COL. DAVID E. DEPUTY POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER KEVIN C. LITTLEMORE SCOTT M. LOCKWOOD THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TITLE 10, U.S.C., SECTION 601: PAUL N. LOISELLE STATES OFFICERS FOR APPOINTMENT IN THE RESERVE To be lieutenant general ROBERT J. MACKE OF THE AIR FORCE TO THE GRADE INDICATED UNDER JEFFREY WARREN MAGRAM TITLE 10, U.S.C., SECTIONS 12203 AND 12212: LT. GEN. GEORGE J. FLYNN KAREN E. MANSFIELD To be major general IN THE NAVY HAROLD G. MASHBURN GREGORY S. MCCREARY BRIG. GEN. JAMES D. DEMERITT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEN R. MCDANIEL BRIG. GEN. JOSEPH K. MARTIN, JR. IN THE UNITED STATES NAVY TO THE GRADE INDICATED JEFFREY K. MENGES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RITA ANNETTE MILLER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DAVID H. MOLINARO CATED UNDER TITLE 10, U.S.C., SECTION 624: To be vice admiral PATRICIA M. MOOK JOSEPH F. MORRISSEY, JR. To be major general REAR ADM. KENDALL L. CARD BILLY M. NABORS GLEN M. NAKAMURA BRIGADIER GENERAL MARK A. ATKINSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES DENNIS NEAL BRIGADIER GENERAL WILLIAM J. BENDER IN THE UNITED STATES NAVY TO THE GRADE INDICATED MICHAEL J. NORTON BRIGADIER GENERAL BRIAN T. BISHOP WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CHARLES THOMAS OSUM BRIGADIER GENERAL CHRISTOPHER C. BOGDAN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOAN E. PETERSON BRIGADIER GENERAL MICHAEL J. CAREY CRAIG RAY PIERCE BRIGADIER GENERAL JOHN B. COOPER To be vice admiral MARK BRYON PRIVOTT BRIGADIER GENERAL SAMUEL D. COX VICE ADM. ROBERT S. HARWARD, JR. PETER V. RABINOWITCH BRIGADIER GENERAL BARBARA J. FAULKENBERRY SHIRLEY S. RAGUINDIN BRIGADIER GENERAL RUSSELL J. HANDY IN THE AIR FORCE JOHN J. REED BRIGADIER GENERAL MICHAEL A. KELTZ JEFFRY ALLYN RICE BRIGADIER GENERAL STEVEN L. KWAST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EDITH E. RIVERAMORILLO BRIGADIER GENERAL FREDERICK H. MARTIN IN THE GRADE INDICATED IN THE REGULAR AIR FORCE TRACY E. RUGER BRIGADIER GENERAL THOMAS J. MASIELLO UNDER TITLE 10, U.S.C., SECTION 531(A): MARK J. SCHULER BRIGADIER GENERAL EARL D. MATTHEWS To be colonel CHARLES ANTHONY SHURLOW BRIGADIER GENERAL ROBERT P. OTTO WHITNEY A. SIEBEN BRIGADIER GENERAL JOHN W. RAYMOND JEFFREY A. BAILEY PAUL R. SILVESTRI BRIGADIER GENERAL DARRYL L. ROBERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS PATRICK SOSTARICS BRIGADIER GENERAL ANTHONY J. ROCK IN THE GRADE INDICATED IN THE REGULAR AIR FORCE JAMES EDWARD STAUBER BRIGADIER GENERAL JAY G. SANTEE UNDER TITLE 10, U.S.C., SECTION 531(A): DANIEL J. SWAIN BRIGADIER GENERAL ROWAYNE A. SCHATZ, JR. JOHN M. THOMPSON BRIGADIER GENERAL JOHN F. THOMPSON To be major TOMMY F. TILLMAN, JR. BRIGADIER GENERAL THOMAS J. TRASK JAMES A. MACE LISA L. TRAYNOR BRIGADIER GENERAL JOSEPH S. WARD, JR. WILLIAM MARK VALENTINE BRIGADIER GENERAL JACK WEINSTEIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACK M. WALL BRIGADIER GENERAL ROBERT E. WHEELER TO THE GRADE INDICATED IN THE UNITED STATES AIR ROY V. WALTON BRIGADIER GENERAL MARTIN WHELAN FORCE UNDER TITLE 10, U.S.C., SECTION 624: ROBERT V. WARE BRIGADIER GENERAL STEPHEN W. WILSON To be colonel ROBERT JOSEPH WETZEL BRIGADIER GENERAL TOD D. WOLTERS KURT V. WOYAK BRIGADIER GENERAL TIMOTHY M. ZADALIS BERNADETTE A. ANDERSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE ARMY TERRI L. BAILEY MARGARET M. CAREY TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LINDA A. CASE AS THE SURGEON GENERAL, UNITED STATES ARMY, AND TIMOTHY L. COOK To be lieutenant colonel APPOINTMENT TO THE GRADE INDICATED WHILE AS- KAREN L. COX DEAN SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- JUDY B. GAVIN LAUREN F. AASE BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 3036: CHERYL J. GREENTREE MICHELLE D. AASTROM APRIL L. IACOPELLI LEE ANN ALEXANDER To be lieutenant general DANA J. JAMES DAVID E. AMATO MAJ. GEN. PATRICIA D. HOROHO ALLEN J. KIDD CARMEN ARGUELLES JENNIFER A. KIMMET JOHN F. BAER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHELLE D. LAVEY KAREN L. BURKE IN THE UNITED STATES ARMY TO THE GRADE INDICATED JERRY B. LAWSON BARBARA A. CAIN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND LORI D. LEE MEGELA E. CAMPBELL RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ANNE T. MAGPURI SHELLEY A. CAMPBELL To be general JODY L. OCKER RUSSELL D. CARTER CHRISTOPHER H. PAYNE RANDY O. CLAXTON GEN. JAMES D. THURMAN CHRISTINE L. PIERCE JEFFREY M. DAXE

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KEITH A. DEARDORFF JACQUELINE JOHNSON SCOTTY M. AUTIN JULIET T. DEGUZMAN YVENA JOSEPH MICHAEL B. AVENICK BEATRICE T. DOLIHITE MARY C. KELLEY CESAR A. BACARES KAREY M. DUFOUR JOSEPH G. KELLY RUSSELL J. BAGLEY NANCY A. EASTMAN HUI C. KIM MATTHEW P. BAIDEME DONNA M. EGGERT ANGELA M. LACEK JASON K. BAKER RUSSEL L. FRANTZ, JR. TAMI A. LACO JOHN M. BAKER LAURIE L. FRAZIER COREY C. LALONDE MILES A. BAKER TRICIA ROCHELLE GARCIA JOHN P. LAWSON ROYCE D. BAKER JON B. GENO GARY V. LEAVITT PETER C. BAKKE ERWIN N. GINES PAMELA E. LICORISH BERNARD A. BALSIS TINA M. GOLDEN JOSHUA J. LINDQUIST EDWARD B. BANKSTON LORRAINE S. GRAVLEY CHRISTY L. LIVERY KENTON R. BARBER MARY R. GRAY ANGELA D. MANNING BRETT N. BARDO CAROLYN D. GREEN SEAN M. MARTS CHARLES V. BARRETT SHAWNA M. GREINER HAROLD L. MCCANTS, JR. BRIAN M. BASSETT WILLIAM J. GRESS KATHLEEN A. MCKINNEY KENNETH W. BATH LINDA A. HAGEMANN JOHN C. MCLENNAN CORNELIUS A. BATTS MICHELLE M. HARMON ARETHA BONIT MITCHELLMURRAY ANTOINETTE C. BAUCOM KENNY L. HARRYMAN KEVIN D. MONAGHAN JOSHUA A. BAUER LORIROSE HINDMAN DANIEL D. MOORE, JR. WILLIAM M. BAYNES ANITA A. HOYUELA VANESSA MORA JAMIE D. BAZDARIC BRIAN S. HUBBARD DEANNA M. MORRELL ROBERT K. BEALE JAMES M. HURST SAUDAH MUHAMMAD JOHN T. BECHTOLD GACQUETTE R. JENNINGS EARNEST C. MULLEN, JR. ERHAN BEDESTANI DEBORAH K. JONES MARK A. NAUMAN JASON M. BELKNAP JOSEPH C. BELL JENNIFER A. KORKOSZ CHRISTOPHER T. NELSON RICHARD R. BELL CHRISTINE A. KRESS GERARDO F. NERI BRET M. BEMIS PAUL J. LANGEVIN VIVIAN A. NEWPORT CARL E. BENANDER CARLA M. LEESEBERG VANESSA R. NORTH JAMES T. BENNETT LIONEL M. LYDE COREY M. NORTON CHRISTOPHER E. BERGE MARIA E. MELENDEZ BRITTANY S. NUTT BARBARA A. BERNINGER GINGER S. MILLER NELSON PACHECO JOHN C. BERTHOLF MELISSA L. MOUCHETTE BARBARA E. PARKES JOSHUA M. BETTY KELLY C. NADER HERNANDEZ D. PEREZ ANN R. NEAL TIMOTHY N. BIBLE MEFTER M. PERKINS CRAIG C. BIGHOUSE GERALDINE G. NELSON PAUL L. PFENNIG BRIAN T. OCONNOR NICHOLAS J. BILOTTA ROBERT L. RAULSTON BENJAMIN T. BIVER JOANN V. PALMER MARLENE C. REESE DOMINIC D. BLACK BRIAN S. PARKER KATHLEEN R. RODRIGUEZ JEFF A. BLACKARD TORI E. PEARCE DARLENE J. SANCHEZ DUSTIN A. BLAIR JEANETTE L. PETREQUIN KRISTINE B. SCHWARTZKOPF JARROD R. BLAISDELL NICHOLAS R. PETRONE CHRISTOPHER K. SHAMBLIN PAUL H. BLANTON CAROLYN BECKER PIGNATARO JULIE A. SHEPHERD HECTOR A. BLONDET TAMMY D. POKORNEY RYAN R. SMITHERS JAISON BLOOM ELENA R. SCHLENKER YVONNE L. STOREY WILSON C. BLYTHE, JR. MAGGIE H. SCHUMACHER SARAH E. STRANSKE ADAM R. BOCK ANTOINETTE M. SHINN LAWRENCE E. SULLIVAN MICHAEL H. BOGGS, JR. WARD J. SIERT NATASHA T. SUTTON NICHOLAS P. BOISVERT ROBERT M. SOUTHER GLEN W. TACEY GEORGE E. BOLTON, JR. HEIDI M. STEWART BRADLEY A. TERRILL JOHN A. BOND PATRICK W. STILLEY JOSEPH D. THOMAS BRYAN J. BONNEMA PATRICIA A. B. TATE EDWARD L. TICE KRISTINA E. BOWENS LARRY A. TODD WESTINA E. TOLBERT VANESSA R. BOWMAN JENNIFER L. TRINKLE SAMANTHA TREADWELL JAMES S. BOYETTE KIMBERLY A. VOLLMER CARLOS VILLANUEVA SAMUEL J. BRADFORD IV SHEELAH Z. WALKER BOSTELLA J. WALKER JOHN B. BRADLEY RICHARD E. WALLEN BRET A. WATERS ADAM R. BRADY JENNIFER M. WALTERS JAMES A. WEST JAMES A. BRANCH MICHAEL D. WASCHER SHAUN S. WESTPHAL JOSHUA P. BRANDON JOHN J. WEATHERWAX WENDY H. WILKINS JAMES E. BRANT SHERI A. WEBB SEAN O. WILKINSON CHRISTOPHER E. BRAWLEY MARLIN G. WEICHEL KATHY M. WILLIAMS JEFFREY O. BREWSTER CYNTHIA J. WEIDMAN LEAH M. WILLIAMS DEXTER E. BRICKEN HAZEL E. WRIGHT RUSSELL M. WOLBERS FRANCIS G. BRINK DEBRA S. ZINSMEYER MICHELLE E. WYCHE BRIAN L. BROWN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL J. ZENK BROOKE L. BROWN TO THE GRADE INDICATED IN THE UNITED STATES AIR IN THE ARMY CHARLES J. BROWN FORCE UNDER TITLE 10, U.S.C., SECTION 624: JORDAN A. BROWN To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSHUA W. BROWN IN THE GRADE INDICATED IN THE UNITED STATES ARMY KEELEY B. BROWN LA RITA S. ABEL JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, LARRY G. BROWN, JR. SARAH E. ABEL U.S.C., SECTIONS 531 AND 3064: MARGIE A. BROWN DEBBORAH L. ADAMS MARK E. BROWN LAKISHA N. ALBERTIE To be major RONALD S. BROWN ARTHUR B. ASCANO MICHAEL P. HARRY TERRY L. BROWN JESSICA N. ASTORGA TOBIN A. BROWN ERIC P. BAILEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM E. BROWN DANA G. BAKER TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHEREE M. BROWNE ALIDAN A. BANGURA UNDER TITLE 10, U.S.C., SECTION 624: ANTHONY H. BRUNNER HEIDI M. BAYORO To be major MICHAEL E. BRYANT HOLLI A. BELLUSCI MICHAEL T. BRYANT JANET L. BLANCHARD JOSEPH L. AARON, JR. DON E. BURCH, JR. JOSEPH H. BOWLEY, JR. RALPH P. AARON, JR. CRISPIN J. BURKE MELONIE M. BRESCIA ELI S. ADAMS DANIEL J. BURKHART GRETA S. BREWSTER JERROD C. ADAMS JENNIFER R. BUTLER CATHERINE BURNETT JASON N. ADLER BRIDGET E. BYRNES CINDY L. CALLISTO OKECHUKWU AKALAONU JED J. CAFFEE STACY N. CARR CAMERON L. ALBERT PHILLIP B. CAIN MYUNGHEE P. CHOI MATT M. ALDRICH EBONY CALHOUN JOHN E. CLECKNER II DAVID I. ALEXANDER DAMION M. CALVERT NICKITA R. COUNCIL ERIC B. ALEXANDER JOSHUA P. CAMARA MARY L. CRESWELL SAMUEL L. ALEXANDER DEREK W. CAMPBELL AMY EVANGELINE CROW ALFRED A. ALLARD JOHN W. CAMPBELL ALEJANDRO DAVILA DAVID L. ALLEN TRICIA C. CAMPBELL DANIELLE J. DEUTSCHENDORF SAMUEL R. ALLEN SALVATORE E. CANDELA RONDA L. DIMAGGIO STEPHEN R. ALLEY, JR. JAMES N. CANDELORA REAH C. DOWNS JESSE P. ANDERSON JASON E. CANNON SAMANTHA L. DREW MARVIN ANDERSON MICHAEL J. CANTY MICHELLE RENEE FAELBER BRETT E. ANDRINGA WILLIAM D. CAPPS JULIE FLORENTIN UZOMA U. ANINIBA MATTHEW C. CAPRARI TOD W. FRAZER II MICHAEL P. ANTECKI, JR. THOMAS R. CARL III STACY G. FRIESEN DANIEL A. ANTOLOS MATTHEW C. CARLSEN JENNIFER L. GAYLE DANIEL L. ARCHER CHRISTOPHER L. CARPENTER GAYLE M. GILLISPIE JOSE A. ARIAS JAMES L. CARPENTER BROOKS B. GOETTLE LEVAR M. ARMSTRONG MELVIN L. CARR ELEANOR M. GONZALEZ NEIL G. ARMSTRONG ALLAN B. CARROLL FRANCES A. GONZALEZ BEAU J. ASHLEY MATTHEW R. CARRUTHERS JAMES HANUS ANDREW P. ASWELL JOHN B. CARTER DALE E. HARRELL RYAN S. ATKINS JOHN R. CARVER MALISHA D. HARRIS JENNIFER L. ATKINSON PETER L. CASTERLINE CLINTON J. HARTMAN PETER M. ATKINSON JUAN C. CASTRO CURTIS J. HOOPES JOHN D. ATWELL PATRICK W. CAUKIN BRENDA A. HOWELL ROYAL C. ATWOOD RUDY C. CAVAZOSCAVASIER LINDA K. HUGO JARED D. AUCHEY STEVEN L. CHADWICK MARLISCHA F. JACKSON BRANT A. AUGE WALTER S. CHALKLEY

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MATTHEW J. CHAMBLESS BERNARD V. FAIRCLOTH III JEFFREY A. HENDRIX DAVID A. CHARBONNEAU MORRIE J. FANTO ADAM D. HEPPE MATTHEW B. CHASE JEFFREY R. FARMER GEORGE J. HERNANDEZ WILLIAM B. CHASTAIN RANDEE L. FARRELL JUAN A. HERRERA ALEXANDER B. CHAVEZ TIMOTHY A. FAULKNER TODD R. HERTLING TIMOTHY C. CHAVIS JON B. FAUSNAUGH JAMES B. HETTLE RICHARD T. CHILDERS JASON H. FEES TIMOTHY V. HEWETT BRADY R. CLARK CLAUDIUS S. FELIX TERRENCE I. HIGGINS JAMES D. CLAY KENNETH A. FERGUSON EDDIE R. HILL, JR. MARK J. CLEARY STEPHEN J. FERRARO GRANT H. HILL ROSANNA M. CLEMENTE SCOTT M. FERRIS MELISA N. HILLABRANDT CHRISTOPHER L. CLYDE CALVIN L. FIELDS IDAMARIA L. HILLKJONAAS RUSSELL T. CODY RICHARD G. FIFIELD ALEXANDRA L. HOBBS LEOTIS COKER, JR. CHRISTOPHER J. FINNIGAN JIM R. HODSON RICHARD G. COLEMAN, JR. BRIAN D. FISHER KARL E. HOEMPLER II JESSIE R. COLLINS JANE M. FISHER MATTHEW J. HOFMEISTER TIFFANY M. COLLINS MICHAEL E. FITZGERALD IV AMABILIA G. HOGG NATHAN M. COLVIN ARECIA B. FLENAUGH WILLIAM L. HOLBROOK THOMAS P. COMPITELLO REIES M. FLORES DARRELL P. HOLDEN BRADLEY T. COMRIE SYLVIA D. FLORES JOSEPH P. HOLLAND JEREMY L. CONLEY CARLOS D. FLYNN JONATHAN T. HOLM JOHN J. CONSIDINE PATRICK I. FLYNN JEREMY B. HOLMAN CHRISTIAN G. COOK ALEXANDER S. FORD STEVEN C. HOLMBERG DENNIS A. COOK KENRICK D. FORRESTER NICHOLAS C. HOLTEN JAMES D. COOPER ANTHONY L. FORSHIER JASON C. HONEYCUTT NICHOLAS E. COPARE CHRISTOPHER E. FOWLER FRANK A. HOOKER MICHAEL D. CORLEY NICHOLAS C. FRANKLIN STACY M. HOPWOOD ROBERT L. CORNELIUS, JR. CARL L. FRIEDRICHS NICHOLAS W. HORN ADRIAN CORONAMAGANA KEVIN J. FROMM DANIEL J. HORST FRANCISCO A. CORTEZ III MELANIE L. FUATA BRIAN R. HORVATH LOURDES A. COSTAS PAUL M. FUGERE EARLY HOWARD CRAIG S. COTNER MICHAEL B. FUNDERBURK KELLY P. HOWARD MICHAEL J. COTOVSKY ROBERT K. FURTICK MCLYNN D. HOWARD RICHARD A. COTTE CAMERON G. GALLAGHER NICHOLAS J. HOWARD ADA L. COTTO JASON M. GALLAGHER SIDNEY D. HOWARD DAVID P. COUGHRAN JASON C. GALLARDO ROGER E. HUGHEY ANTHONY B. COULTER VIJAY M. GALLARDO RICHARD E. HULL GREGORY M. COUTURIER TROY L. GAMMON MICHAEL J. HUMBLE CHARLES K. COWAN ALONZO GARCIA BILLY J. HUNTSMAN SAMUEL V. COWART ANDRES N. GARCIA PETER W. HURGRONJE BOBBY J. COX IRENE GARCIA ADAM L. HURLEY PHILIP E. CRABTREE JUAN R. GARCIA JUSTIN P. HURT JAMES L. CRENSHAW STEPHEN K. GARDOSIK JOEY A. HUTTO RYAN M. CRIPPS RICKY T. GARVIN JAMEKELA M. ILES ROBERT L. CROUSE MIGUEL S. GASTELLUM WILLARD H. IMAN, JR. ROBERT M. CROWE CARY D. GATES CHRISTOPHER M. INGENLOFF ANTHONY B. CRUMBEY LYNN B. GATRELL MATTHEW J. INGLIS PETER CRUZ STANLEY J. GAYLORD JOSHUA N. INGRAM RYAN A. CRYER AUDREY S. GBONEY HARRY A. IRVING, JR. FREDERICK M. CUMMINGS CHRISTOPHER S. GEMMER NATHAN T. ISAAC ERIC S. CURRENCE MICHAEL R. GERASIMAS BENJAMIN E. JACKMAN JOHN D. CWIEK DEMETRIOS A. GHIKAS GARY K. JACKSON BRIAN F. CYR EFREM S. GIBSON JAMES D. JACKSON JAMES A. DAHL ROBERT M. GICHERT LACREDERICK R. JACKSON JODY J. DAIGLE MICHAEL A. GILLISPIE PRESTON JACKSON DAVID W. DAKE JEFFREY L. GILTZOW RAHSAAN H. JACKSON MARK D. DALEY CHRISTOPHER J. GIORGI JOSH T. JACQUES RANJINI T. DANARAJ JEREMIAH A. GIPSON ERIC A. JAMES KIRK J. DANIELS GUY J. GIROUARD ERIC G. JAMES SEAN C. DANSBERGER JOHN J. GLASCO FRANCISCO J. JAUME JUSTIN E. DAUBERT DARREN C. GLENN JACOB A. JEFFERS DREW T. DAVIES JOSHUA G. GLONEK TROY A. JESUS COLIN A. DAVIS MATHEW L. GOLSTEYN BENJAMIN D. JOHNSON ERIK A. DAVIS SALLY K. GONZALES CHARLES F. JOHNSON GINO C. DAVIS JONNY GONZALEZ JAMES O. JOHNSON JOHN R. DAVIS, JR. MANUEL GONZALEZ KIMBERLY D. JOHNSON KENNETH V. DAVIS MICHAEL P. GOODWIN MICHAEL A. JOHNSON LARINZOL A. DAVIS ROBERT N. GORDON PHILIP L. JOHNSON RODERICK D. DAVIS MICHAEL H. GOURGUES RAMON V. JOHNSON RYAN M. DAVIS PAUL J. GOYNE STANLEY B. JOHNSON PATRICK M. DEFOREST KIRSTEN S. GRAF JERRY B. JONES DOMINIC P. DEFRANCISCO CORNELIUS O. GRANAI IV KIRBY A. JONES OTTO A. DEMARINO AARON J. GRANT SHANE R. JONES RICHARD S. DEMPSEY JOEL M. GRAVES JOSHUA W. JOPLING CHRISTOPHER R. DERUYTER JESSE R. GREAVES JAMIE O. JORDAHL ALFONSO G. DEVEYRA III MAURICE GREEN JAMES J. JUDGE DUSTIN R. DEW RICHARD W. GREENWOOD JEREMY L. KACZOR ROBERT M. DEXTER DANIEL A. GREGORY KEVIN C. KAHRE BRIAN T. DIEFFENBACH JOHN A. GROEFSEMA PATRICK H. KAINE ALICIA DIETZ MARK J. GUELICH CHRISTOPHER R. KANE JOSEPH A. DODD JAY G. GUERRERO KEVIN M. KANE GERARDO F. DOMINGUEZ ERIC J. GUST TINA L. KANE RYAN M. DONALD JOSEPH M. GUZOWSKI JOEL R. KASSULKE WILSON L. DOSSANTOS SUZANNE K. GYSLER SCOTT M. KATALENICH BRIAN J. DOWD KEVIN L. HADLEY BENJAMIN E. KAVANAGH JOHN T. DRISCOLL ERIN D. HADLOCK STEVEN L. KEIL ADAM M. DRYBREAD FREDERIC D. HAEUSSLER HEIVA H. KELLEY STEPHEN M. DUGAN FRED H. HAIR MATTHEW R. KELLEY PATRICK K. DULING MICHAEL C. HAITH PATRICK M. KELLY BENJAMIN R. DUNCAN TRENTON F. HALL RYAN G. KELLY RODERICK S. DUPLIN MICHAEL A. HALTERMAN JASON D. KENT DAVID M. DURANTE ALLISON C. HAMBRECHT JOHN A. KERIN JESSICA L. DURBIN GINGER G. HAMMERQUIST JAMES K. KERNS ADAM G. DUVALL JOHN J. HAMRIC JAMES P. KILLORAN VIRGIL G. DWYER, JR. WILLIAM F. HANNA SIMON Y. KIM ANTHONY M. EAGLE RYAN P. HANRAHAN KIM C. KING JAMES K. EARLS III ANTHONY R. HANSON JOHN R. KIRCHGESSNER KEVIN M. EASTER CORRIE A. HANSON THOMAS J. KITSON RICHARD E. EATON JASON R. HANUS CHRISTOPHER R. KLIEWER NESTOR J. ECHEVERRIA BRIAN C. HARBER CHRISTIAN D. KNUTZEN SHARON M. EDENS KARL M. HARNESS JEROME F. KOLTZ SPENCER G. EDWARDS LETETIA M. HARRIS DAVID M. KOPECKY RYAN L. EISENHAUER ERIC S. HARRISON PHILIP A. KORNACHUK MYCHAJLO I. ELIASZEWSKYJ RYAN J. HARTWIG RYAN W. KORT JEREMIAH R. ELLIS SCOT T. HASSKEW JEFFREY S. KUDARY SCOTT L. ENGEL CHRISTOPHER D. HAUN MARK KUHAR SHARON ENGELMEIER BRADLEY C. HAYES ANDREW J. KULAS RICHARD J. ENGLISH BRIAN S. HAYES JODIE L. KUNKEL BRIAN C. ENGLUND EMORY J. HAYES MICHAEL W. KURTICH DONALD B. ERICKSON LEWIS L. HAYNES IV ROBERT L. KURTTS MICHAEL E. ERLANDSON MICHAEL J. HEALY, JR. MITCHELL S. KUSMIER MARC B. ESTEPA JOSEPH D. HEATON JONATHAN D. LACY JAMES A. ESTES RYAN C. HEDBERG JOSHUA A. LADD CARL O. EVANS WAYNE C. HEINOLD THOMAS J. LAKE JOHN W. EVANS ALAILIMA R. HENDERSON THOMAS E. LAMB JONATHAN P. EWING ISSAC L. HENDERSON TODD B. LAMB ROBERT L. EYMAN PAUL F. HENDERSON, JR. CHARLENE A. LAMOUNTAIN

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CALEB G. LANDRY TIMOTHY J. MURPHY JULIO RIVERA RONLESTER L. LANSANG DERRICK D. MURRAY REINALDO RIVERA JONATHAN M. LARMORE RAFAEL MUSSEBGIL RICHARD RIVERA RALPH E. LAUER III MATTHEW E. MYERS CORY L. ROBERTS TERRELL C. LAWSON RICKY J. MYERS PAUL E. ROBERTS ALEXANDER B. LAZATIN MATTHEW E. MYRICK RODNEY R. ROBERTS MARK M. LEE RYAN M. NACIN KELVIN N. ROBINSON MICHAEL W. LEE WILLIAM S. NANCE KENDALL A. ROBINSON ALPHONSE J. LEMAIRE FRANCISCO C. NAPUTI JANINE A. ROBINSONTURNER DAVID W. LEMAY DAVID NASH TRAVIS E. ROBISON KELLY C. LEVERETT DAVID J. NELSON PETER S. RODGERS CHARLES R. LEVINE JEFFREY P. NELSON MIGUEL RODRIGUEZ, JR. KEVIN R. LEWIS MICHAEL S. NELSON EDGARD RODRIGUEZRIVERA WILLIAM A. LEWIS PHILIP L. NESNADNY ANTHONY M. ROH MATTHEW C. LINDSEY ROBERT L. NEWBILL JESSIE R. ROMERO DAVID D. LITTLE PAUL A. NEWMAN ANDREW R. ROSE DENISE R. LITTLE DAVID B. NIEDERAUER JIMMY M. ROSS ANGEL M. LLOMPARTMONGE SAMUEL J. NIRENBERG HAROLD D. ROUSE CLEMENT D. LOCHNER DEREK R. NOEL JOSEPH P. ROZYCKI LECARL B. LOCKLEY ERIK C. NORDSTROM JOEL D. RYALS CHRISTOPHER M. LOFTON TAMISHA R. NORRIS NICHOLAS D. RYAN MARIO R. LOGLI CHRISTOPHER P. OBRIEN MATTHEW C. SACRA JASON D. LOHMAN ROBIN L. OCHOA ANN M. SAGE MARTIN A. LONGORIA MICHAEL W. ODONNELL JOSEPH D. SAGE BRIAN T. LOONEY AMOS Y. OH PATRICIA N. SALING ARTHUR P. LOWE, JR. SAMUEL A. OKOKO VICTOR S. SALYER MELVIN E. LOWE ETHAN A. OLBERDING BRIAN A. SANSOM RICHMOND R. LUCE CLINT T. OLEARNICK DANIEL SANTOS NATHAN C. LUECKE JEREMIAH J. OLIGARIO MICHAEL A. SARRO MICHAEL A. LUECKEMAN TYLER B. OLIVER TIMOTHY E. SARTORI VICTOR L. LUNDERMAN HANIBL OLMEDA AARON D. SARVER HARRY R. LUPOLD ABRAHAM N. OSBORN EDWARD B. SAUTER TIMOTHY B. LYNCH JOHN G. OSTERSON KEEFE A. SAVIN JOHN R. MACHARRIE DANIEL R. OSTROWSKI PETER V. SCHMITT IAN A. MACNAB THOMAS C. OVERMYER BRIAN H. SCHONFELD PHILLIP D. MADSEN KENNETH R. OWENS KEITH A. SCHRECKENGOST MATTHEW D. MAGENNIS WILLIAM J. OWENS LAURA M. SCHROEDER MICHAEL L. MAGILL ISAAC K. OWUSU JEREMY J. SCHWENDEMAN ROBERT T. MAGILL ERIC I. PALICIA ARON G. SCOTT MATTHEW L. MAKARYK EUGENE W. PALKA CHRISTOPHER J. SCOTT JOSEPH E. MALONE BRIAN D. PANARO ROBIN N. SCOTT CHRIS B. MANGLICMOT DALE A. PAPKA RYAN J. SCOTT GEORGE P. MANN JAMES R. PASCOE KENNETH P. SELBY RICHARD MANSIR SHERRIAN C. PATRICK PHILLIP J. SERPICO TODD B. MARABLE BILLY J. PATTERSON MICHAEL W. SERVER MICHAEL A. MARCHETTI BRIAN N. PATTERSON SHANNON W. SHACKELFORD MATTHEW D. MARFONGELLI KACENIA S. PATTERSON CHRISTOPHER A. SHARPE ERIC S. MARSHALL BRUCE J. PAULEY DOMINIQUE J. SHAW WILLIAM D. MARSHALL JEFFREY L. PAULUS PETER J. SHAW NOVA J. MARTIN, JR. DAVID A. PAYNE HOUSTON B. SHEETS CHARLES T. MARVIN TIMOTHY D. PEARSON JEFFREY M. SHELNUTT MATTHEW C. MASON SHANNON J. PECK HARRY L. SHERWOOD ANTHONY D. MASSARI MICHAEL S. PENN LAURA E. SHIPLET CLARENCE J. MATTHEWS BRANDON K. PERDUE SCOTT A. SHOOP DARWIN E. MAULL OSVALDO L. PEREZ LEAH C. SHUBIN FRANK F. MAXWELL JULIO A. PEREZRIVERA BENJAMIN L. SHUMAKER JASON J. MCCAMBRIDGE AHMAD A. PERRY KEVIN W. SIEGRIST CARRICK E. MCCARTHY ANDREW V. PESATURE TIMOTHY J. SIKORA JOSEPH A. MCCARTHY ANDREA M. PETERS JONATHAN E. SILK ANNE C. MCCLAIN DERRICK A. PETERS WARREN O. SIMMONS RANDY L. MCCLENDON NATHANAEL W. PETERSON RANDY C. SIMON JOHN C. MCCLURKIN ROSLYN M. PETERSON JOSEPH E. SIMS KEVIN MCCORMICK JOHN F. PETKOVICH III JOSEPH M. SINCERE RAY G. MCCULLOCH TRUC T. PHAM NICHOLAS C. SINCLAIR MICHAEL S. MCCULLOUGH GARY A. PHILLIPS ERINN C. SINGMAN HEATHER R. MCGRATH JOHN M. PHILLIPS JASON R. SINN SCOTT A. MCGRATH WILLIAM L. PHILLIPS JOHN C. SIVLEY AUDRICIA D. MCKINNEY LEROY J. PHOENIX KIM M. SLADEK GABRIELLA M. MCKINNEY DAVID C. PIERSON FRANKLIN P. SLAVIN III MAURICE A. MCKINNEY STEPHAN J. PIKNER CHARLES V. SLIDER PAUL L. MCKINNEY BRIAN W. PILCH ARCHIE L. SMITH MATTHEW T. MCMANNES ANTONIO M. PITTMAN BRADLEY J. SMITH PAUL M. MCMANUS AUDREY M. PITTMAN ERVIN D. SMITH GREGORY W. MCMILLION DAVID W. PITTMAN JAY K. SMITH ROBERT M. MCTIGHE TODD L. POINDEXTER JOHN A. SMITH ERNEST D. MEADOWS RICHARD A. POLEN MATTHEW J. SMITH RAUL M. MEDRANO ALAIN M. POLYNICE MICHAEL A. SMITH ERIC MEGERDOOMIAN ADAM F. POOLEY NATHAN J. SMITH FRANZ W. MENTOR JASON T. PORTER ROBERT J. SMITH GREGORY J. MERKL JONATHAN F. POST SCOTT R. SMITH VIRAK A. METCALF ANDREW A. POTTS TERRENCE N. SMITH JAMES A. METZ SIMON J. POWELSON CARTER M. SMYTH SAMUEL A. MEYER PAUL A. POWER JASON S. SNELGROVE BENJAMIN W. MIDGETTE JOSHUA S. POWERS DANIEL P. SNOW RINGO L. MIDLES JAMES G. PRADKE JAMES M. SNOWDEN MICHAEL J. MILAS MATTHEW R. PRESCOTT JAVIER E. SOSTRECINTRON BRIAN J. MILES TAYLOR J. PRESLEY STACY R. SOUTTER NICHOLAS D. MILKOVICH BLAKE M. PRICE MICHAEL V. SOYKA JASON T. MILLER GREG A. PRICE DAVID M. SPANTON KAROLYN M. MILLER NICHOLE L. PROPES LUCAS SPARKS MARK P. MILLER RYAN N. PROPST JASON G. SPENCER CASEY D. MILLS ROLAND I. PUGH BERNDT F. SPITTKA MATTHEW R. MINEAR ROBIN R. PULLEY COLE A. SPITZACK NATHAN N. MINOTT RYAN J. PURSEL LLOYD E. SPORLUCK KIM A. MITCHELL EUGENE C. PURSIFULL ADAM C. SPRINGER CHRISTOPHER A. MOLINO PATRICIA R. QUIGLEY DANIEL J. SQUYRES MATTHEW M. MOLLY CARL K. QUINLAN STEVEN J. STANEART JASON M. MONCUSE MATTHEW F. QUINN JAMES T. STARTZELL JENNIFER L. MONDIDO PETER D. QUINN SCOTT D. STEELE JOSEPH M. MONETTE ROBERT P. QUINT, JR. DUANE G. STEFANIAK RICHARD A. MONTCALM, JR. RENEE E. RAMSEY RICHARD T. STEINBACHER BENJAMIN M. MONTOYA MATTHEW J. RARIDEN KRISTIN E. STEINBRECHER BRADY J. MOORE ADAM M. RASMUSSEN PATRICK M. STEVENS DAVID A. MOORE DANIEL P. RAYMOND TERRY W. STEVENSON EZEKIEL MORENO JAMES F. RAZURI TARA M. STILES KEVIN E. MORGAN DONALD K. REED WAYNE L. STILES TIMOTHY L. MORGAN WALTER A. REED IV DANIEL W. STOCKTON PAUL J. MORIARTY ZACHARY A. REED GALEN D. STONE, JR. JOSHUA G. MORINO ADAM J. REEVES JEFFREY B. STONE CHRISTOPHER V. MORO RYAN T. REICHERT ARTHUR T. STRINGER DANIEL C. MORRIS DUKE W. REIM DANIEL R. STUEWE JOHN L. MORROW JUAN A. RENAUD THOMAS B. STURM JACOB K. MOULIN KIMBIA A. REY MICHAEL J. STUTTS RUTH A. MOWER SHAUN A. REYNOLDS MATTHEW W. SUCEC KEVIN E. MUMAW MARY A. RICKS CHRISTOPHER M. SWICKARD ALFRED M. MUNA MARLON S. RINGO DERRICK J. SWIM FRANCIS X. MURPHY JONATHAN S. RITTENBERG JOSEPH D. SWINNEY

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MARVIN E. SWITZER, JR. STEPHEN P. WARD AARON YOUNG III NICHOLAS R. TALBOT PHILLIP S. WARREN ARTHUR G. YOUNG CHRISTOPHER S. TALLEY JASON B. WASHBURN CRAIG M. YOUNG TODD A. TATUM MICHAEL S. WASHBURN PETER C. ZAPPOLA, JR. ISAAC L. TAYLOR DAVID E. WATERS BRYAN C. ZESIGER JASON M. TAYLOR JOHN N. WAUGH ROMAS J. ZIMLICKI JAY A. TAYLOR JESSICA C. WAYMENT KURT P. ZORTMAN JOSHUA D. TEITGE ELIZABETH A. WEAVER JOSEPH V. ZULKEY STEVEN B. TEMPLETON TONY G. WEAVER, JR. CHRISTOPHER D. TERRILL DAVID A. WEBB IN THE NAVY PAUL J. THIESSEN ADAM C. WEECE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CARLA A. THOMAS ERIC J. WEEKS IN THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER D. THOMAS PEDER WEIERHOLT UNDER TITLE 10, U.S. CODE, SECTION 531: HANS J. THOMAS BRIAN H. WEIGHTMAN MARLON A. THOMAS ALEXANDRE E. WEIS To be commander RUSSELL B. THOMAS DAVID M. WEISING JOHN D. THOMASON JAMES P. WELCH VALERIE R. OVERSTREET ANTHONY R. THOMPSON GREGORY B. WELLS THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DALTON W. THOMPSON CHRISTOPHER S. WENNER MENT TO THE GRADE INDICATED IN THE REGULAR NAVY DAVID T. THOMPSON RICHARD W. WERTZ III UNDER TITLE 10, U.S.C., SECTION 531: KRISTOFER J. THOMPSON KYLE D. WHEELER MICHAEL R. THOMPSON JACOB E. WHITE To be lieutenant commander NICHOLAS R. THOMPSON ROHN P. WHITE CASEY H. THOREEN WILLIAM G. WHITE NADESIA V. HENRY BRANDON E. THRASHER JACOB A. WHITESIDE RONALD W. PERDUE DANIEL S. THRELKELD CRAIG R. WHITING SHOLI A. ROTBLATT JEREMY M. TILLEY STEVEN L. WHITMORE JOHN A. SALVATO JOHN C. TISSERAND ANTHONY J. WHITTAKER WENDY R. TOKACH BRYAN S. WHITTIER f KEVIN E. TOMS JOSEPH S. WIER JAMES E. TOWLE ERIC M. WIGLEY TRAVIS I. TRAMMELL BENJAMIN B. WILLIAMS CONFIRMATION JEREMY W. TRENTHAM CARLIE A. WILLIAMS, JR. MICHAEL J. TRUJILLO CRISTINA WILLIAMS Executive nomination confirmed by DAVID S. TURNER DAVID G. WILLIAMS JOHN D. TURNER EDWARD E. WILLIAMS the Senate May 4, 2011: RYAN M. TURNER JOHN M. WILLIAMS, JR. THE JUDICIARY ERICA J. TYE KEITH R. WILLIAMS CLINTON B. UNDERWOOD WESTON T. WILLIAMS JOHN J. MCCONNELL, JR., OF RHODE ISLAND, TO BE TIMOTHY P. UNGARO JEREMIAH J. WILLIS UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF CURTIS J. UNGER TAMEKA R. WILSON RHODE ISLAND. ERNEST M. URQUIETA RAYMOND D. WINDMILLER THE ABOVE NOMINATION WAS APPROVED SUBJECT TO JAN R. URSO JASON M. WINGEART THE NOMINEE’S COMMITMENT TO RESPOND TO RE- NICHOLAS M. UTZIG BRIAN R. WINKELMAN QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MATTHEW R. VANGILDER CONOR M. WINSLOW CONSTITUTED COMMITTEE OF THE SENATE. BRYAN R. VANRIPER JEFFREY R. WINSTON PEDRO E. VAZQUEZ LUKE A. WITTMER JAMES S. VCHULEK II SARAH R. WOLBERG f RYAN L. VENEBERG CHRISTINE T. WOLFE RONALD T. VERNON GABRIEL M. WOLFE THOMAS J. VETTER JEFFREY J. WOLFE WITHDRAWAL MELISSA A. VIATOR ROBERT W. WOLFENDEN ADRIAN VILLA MATTHEW L. WOLVERTON Executive Message transmitted by JASON T. VINCENT JASON C. WOOD the President to the Senate on May 4, AMANDA M. VIOLETTE JERRY L. WOOD, JR. RICKY L. VITTITOW, JR. ROBERT A. WOOD 2011 withdrawing from further Senate DANIEL J. VONBENKEN ROBERT S. WOOD consideration the following nomina- JAMES W. WADE GUY F. WORKMAN JOSEPH B. WAID SHANNON R. WORTHAN tion: PATRICK M. WALKER ADAM WOYTOWICH RYAN C. CROCKER, OF WASHINGTON, TO BE A MEMBER CHRISTOPHER E. WALSH NICHOLAS A. WRIGHT OF THE UNITED STATES ADVISORY COMMISSION ON PUB- OLIN L. WALTERS ABDUL R. WURIE LIC DIPLOMACY FOR A TERM EXPIRING JULY 1, 2012, VICE ROGER A. WANG, JR. JONATHAN T. YASUDA PENNE PERCY KORTH, TERM EXPIRED, WHICH WAS SENT ELIJAH M. WARD MARK M. YEARY TO THE SENATE ON FEBRUARY 17, 2011.

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HONORING THOMAS SAMUEL ship. The Marcus Marauders beat Garland CONGRATULATING THE 2011 NCAA STEPHENS Lakeview, 40–38, in the final to finish the sea- DIVISION II WOMEN’S CHAM- son 39–1. Led by Head Coach Danny Hender- PIONS CLAYTON STATE UNIVER- HON. SAM GRAVES son, these young men are exemplary rep- SITY OF MISSOURI resentatives of their school and should be very proud of what they have accomplished. IN THE HOUSE OF REPRESENTATIVES HON. DAVID SCOTT This is not the first time I have had the OF GEORGIA Wednesday, May 4, 2011 pleasure of highlighting the accomplishments IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES of Missouri. Mr. Speaker, I of Marcus High School, and I have a sneaking Wednesday, May 4, 2011 proudly pause to recognize the life of Thomas suspicion that it will not be the last. With the Mr. DAVID SCOTT of Georgia. Mr. Speaker, Samuel Stephens of Cameron, Missouri. level of teamwork and perseverance that is I stand before you today to honor the Clayton Thomas’ achievements and service, both to present in this North Texas high school, it is State University Women’s Basketball Team for his country and his community, were great no wonder that they are an ‘‘Exemplary Cam- winning the 2011 NCAA Division II National and we are indebted to him for his sacrifices. pus’’. Championship. The Lady Lakers defeated the Mr. Speaker, Thomas Samuel Stephens It is inspiring to recognize such ambitious Michigan Tech Huskies 69-50 in a game that was born on June 8, 1918, in Temple, Texas, young student athletes who are making a gave Clayton State its first national champion- to his parents, Lessie and Rufus Stephens. positive impact in our community. I am ship. Clayton State ended the season with a On January 14, 1944, Thomas had the fortune pleased to have the opportunity to represent 53-1 record and the number one ranking in of marrying the love his life, Euclid Elizabeth these young men, and their classmates and the USA Today/ESPN Division II Coaches’ Stockton, at their church in Temple, Texas. teachers in the U.S. House of Representa- Poll. Together they raised one daughter, Patti Jane. tives. Congratulations on being the 5A UIL These young women have demonstrated a Thomas passed away on December 2, 2010, Boys Basketball State Champions. tremendous amount of hard work, persever- in Kansas City, Missouri. ance and sportsmanship. There is no doubt Mr. Speaker, Thomas was a true patriot. He f that this team will serve as excellent role mod- served in the 80th Infantry Division, 3rd Army, els for young women and future athletes ev- 319 Regiment C Company, 4th Platoon under IN RECOGNITION OF LOIS GERAGE- erywhere. General George Patton from August 26, 1943 LAMB Coach Dennis Cox also deserves to be rec- to March 29, 1946. He received the Purple ognized for his critical role in leading Clayton Heart, EAME Campaign Medal with one State to victory. He was recently named the Bronze Service Star, an American Theatre HON. PETE SESSIONS 2011 Schelde North America/Division II Bul- Campaign Medal and a Victory Medal, as well OF TEXAS letin Coach of the Year and the Women’s Bas- as a Sharpshooter and Rifle pin. ketball Coaches Association Coach of the IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, after being honorably dis- Year. charged, Thomas received his Masters De- Wednesday, May 4, 2011 My fellow colleagues please join me in hon- gree and taught at the University of Texas oring Coach Cox and the Clayton State Lady A&M in the Horticulture Department from Mr. SESSIONS. Mr. Speaker, I rise today to Lakers for an outstanding year. 1948–1953. Thomas then spent the rest of his recognize Lois Gerage-Lamb, a dedicated ed- f career working for the United States Depart- ucator at Lakewood Elementary in Dallas, ment of Agriculture’s Agriculture Research Texas who is retiring this year. REPEALING MANDATORY FUNDING FOR STATE HEALTH INSURANCE Service, actively engaging in food and food After moving to Lakewood in the early EXCHANGES storage research that is used in the food prod- 1980s, Lois joined the staff at Lakewood Ele- ucts we enjoy in every grocery store today. mentary in 1987. Her twenty-four years of SPEECH OF Mr. Speaker, in addition to Thomas’ patriot- service speak loudly of her patience, dedica- ism and contributions to agriculture in the tion, and passion for teaching. Both of my HON. JANICE D. SCHAKOWSKY United States, Thomas also had a passion of sons, Bill and Alex, had the privilege of having OF ILLINOIS enjoying God’s world by fishing, campaigning Lois as their teacher. Her commitment to pro- IN THE HOUSE OF REPRESENTATIVES and planting trees. Thomas was active in his viding students with a quality education was Tuesday, May 3, 2011 church and enjoyed singing, having been a evident in her work ethic and enthusiasm. part of the first group of Singing Cadets at The House in Committee of the Whole Known for her upbeat personality and ‘‘can- House on the State of the Union had under Texas A&M. Thomas deeply loved his family. do’’ philosophy, Lois has instilled confidence in consideration the bill (H.R. 1213) to repeal Mr. Speaker, I ask that you join me in hon- her students and inspired them to reach for mandatory funding provided to States in the oring the life of Thomas Samuel Stephens. I their dreams. Patient Protection and Affordable Care Act am truly grateful for his service to our country to establish American Health Benefit Ex- and his contributions to agriculture. Outside of the classroom, Lois is a well- changes: known community leader. She currently serves Ms. SCHAKOWSKY. Mr. Chair, I rise in op- f as the President of Little People of America, position to H.R. 1213. IN RECOGNITION OF MARCUS HIGH Inc. (LPA), a national advocacy and support This bill would eliminate funding for a key SCHOOL FOR WINNING THE BOYS group for dwarfs and their families. In this ca- component of the Affordable Care Act’s cov- BASKETBALL 5A UIL STATE pacity, she has oversees the 6,000 member erage expansion—the State-based health in- CHAMPIONSHIP organization and works tirelessly to raise surance Exchanges. awareness. Lois is a demonstrated leader with The Exchanges are the chief vehicle HON. MICHAEL C. BURGESS tremendous strength and great fervor and through which we will give millions of individ- compassion. OF TEXAS uals and small businesses—currently locked IN THE HOUSE OF REPRESENTATIVES She will be greatly missed at Lakewood Ele- out of the market—access to affordable cov- mentary. I am thankful for dedicated educators erage. Wednesday, May 4, 2011 like Lois and for the positive impact they have The Affordable Care Act provides each Mr. BURGESS. Mr. Speaker, I rise today to on our children. Mr. Speaker, I ask my es- State with the flexibility to design its own Ex- recognize Marcus High School in Flower teemed colleagues to join me in recognizing change—tailored to meet the needs of its resi- Mound, Texas. The Marcus varsity boys’ bas- Lois for her service. I wish her all the best in dents, strengthen the private insurance mar- ketball team won the 5A UIL State Champion- her future endeavors. ket, and provide consumer protections.

∑ 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 04:49 May 05, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K04MY8.001 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E802 CONGRESSIONAL RECORD — Extensions of Remarks May 4, 2011 This bill repeals the funding for the Ex- HONORING THE LIFE OF PRIVATE REPEALING MANDATORY FUNDING changes and eliminates that flexibility. BRANDON T. PICKERING FOR SCHOOL HEALTH CENTER Repeal would deny Illinois and every other CONSTRUCTION State the funding needed to setup a unique HON. GEOFF DAVIS SPEECH OF State solution for improving and fixing broken OF KENTUCKY insurance markets. IN THE HOUSE OF REPRESENTATIVES HON. EARL BLUMENAUER OF OREGON This bill undermines the work already being Wednesday, May 4, 2011 done in Illinois and, given the State budget sit- IN THE HOUSE OF REPRESENTATIVES Mr. DAVIS of Kentucky. Mr. Speaker, today uation, will likely mean Illinois would be unable Tuesday, May 3, 2011 to run its own State-based health insurance I rise to pay tribute to Private First Class Bran- The House in Committee of the Whole Exchange. don T. Pickering, from Ft. Thomas, Kentucky, who lost his life on April 10, 2011 from House on the State of the Union had under In September, Illinois received a $1 million consideration the bill (H.R. 1214) to repeal grant to begin planning and establishing its wounds he suffered while fighting enemy mandatory funding for school-based health Exchange. forces in Wardak Province, Afghanistan on center construction: April 8th. Without funding to move to implementation, Mr. BLUMENAUER. Mr. Chair, I voted A 2008 graduate of Highlands High School, we won’t have the resources to get our Ex- against H.R. 1214, which would repeal the Brandon joined the Army in September 2009. change up and running and millions of Illi- grants for the construction and expansion of After completing basic training at Fort noisans will lose access to affordable, ade- school-based health centers. The Affordable Benning, Georgia he was assigned to the 2nd quate health insurance coverage. Care Act included funding to expand school- Battalion, 4th Infantry Regiment, 4th Brigade based health programs across America so that Combat Team, 10th Mountain Division, based we can provide better care for our children. f in Fort Polk, Louisiana. He deployed with his Students who are healthy are ready to learn. unit to Afghanistan in October of 2010. HONORING THE LIFE OF MAYOR School-based health centers provide our His awards and decorations include: the DEBORAH DUNCAN DUBOIS children with quality, comprehensive care that Bronze Star, the Purple Heart, the National includes mental health services, social serv- Defense Service Medal, the Afghanistan Cam- ices and preventative care. A survey con- HON. ALCEE L. HASTINGS paign Medal, the Global War on Terrorism ducted by the National Assembly on School- Service Medal, the Army Service Ribbon, the OF FLORIDA Based Health Care found that when properly Overseas Service Ribbon, the Army Good IN THE HOUSE OF REPRESENTATIVES funded, school-based health centers help fill Conduct Medal, the NATO Medal and the the gap in access to health services, espe- Wednesday, May 4, 2011 Combat Infantryman Badge. cially for rural and underserved populations. Mr. HASTINGS of Florida. Mr. Speaker, I Today, as we celebrate the life and accom- These centers are accountable to their com- rise today to commemorate the life of Deborah plishments of this exceptional Kentuckian, my munities through an advisory board made up Duncan DuBois, who passed away on April thoughts and prayers are with Brandon’s fam- of local representatives, family organizations 30, 2011. Mrs. DuBois, known to family, ily and friends, especially his parents. and parents. These programs bring health We are all deeply indebted to Brandon Pick- friends and admirers as ‘‘Desca,’’ was serving care to our kids and provide service without ering for his service and his sacrifice. By giv- her second term as Mayor of the Town of concern for whether or not they can afford it. Lake Park, Florida at the time of her death, ing his life for the freedom of others, we are In my state of Oregon, we are part of the having been re-elected without opposition. reminded of the great price at which our free- School Mental Health Capacity Building Part- Mayor DuBois loved her town and Lake Park dom is preserved. nership to examine and improve mental health citizens loved her. Her dedication to good gov- f programs to be used in school-based health ernment was made clear by her longtime serv- TRIBUTE TO JIM BAILEY centers. As an early-adopter state for these ice on the town’s Code Compliance Board, in- centers, Oregon was selected to be one of cluding six years as its chair, and her work four states to lead the way on this research. with the Florida League of Cities. She also HON. WILLIAM L. OWENS This important work, focused on tailoring men- served on the League of Mayors and as one OF NEW YORK tal health care to better meet our children and of the Palm Beach County League’s Legisla- IN THE HOUSE OF REPRESENTATIVES youths needs, relies on the school-based tive Voting Delegates. Lake Park residents are Wednesday, May 4, 2011 health center funding and will be jeopardized also indebted to Mayor DuBois for helping to Mr. OWENS. Mr. Speaker, I rise today to by this legislation. establish the local Historical Society, serving celebrate the career of Jim Bailey, who has H.R. 1214 would prevent us from investing as its volunteer President for several years. served the City of Plattsburgh, New York for in our children and driving down future health A native of Barnwell, South Carolina, Desca almost two decades the city’s historian. Jim care costs. At the start of this Congress, the DuBois attended the University of South Caro- stepped down from his post in April last only alternative the Republicans offered to the lina on a theater scholarship. She also studied month. Affordable Care Act was a repeal-and-do-not- at the Columbia Museum School and, most re- Jim has both kept and contributed to the replace approach that is irresponsible at best. cently, attended Palm Beach Community Col- history of the city of Plattsburgh—and our re- The Affordable Care Act is not perfect, but lege, where she was accepted to the Honor gion as a whole—for almost two decades. A Congress should be focused on implementing Society. Mayor DuBois was a professor at the native of Elizabethtown, he is a true product of the Act, and refining—not repealing—its provi- prestigious American Academy of Dramatic the North Country. After graduating from sions. I oppose this legislation. Arts in New York City, where she taught stage SUNY Albany, Jim taught at Beekmantown f and theatrical movement. During her career, Central School for more than a decade and HONORING WILLIAM DOTSON— she also worked with the Educational TV Net- also served as an adjunct professor in Mathe- WEST VIRGINIA AFFORDABLE work in South Carolina and appeared on CBS matics at Plattsburgh State. HOUSING HALL OF FAME IN- Network Morning News. Jim’s dedication to his community is shown DUCTEE Among her many talents, she was known as every day through his professional and per- an accomplished artist, having presented a sonal relationships. He is well regarded HON. NICK J. RAHALL II dozen solo art exhibits and participated in 34 throughout Clinton County and is spoke of OF WEST VIRGINIA group art shows. She was proud to have indi- highly by everyone he knows. IN THE HOUSE OF REPRESENTATIVES vidual mural and major group mural projects in Through his steadfast resolve and dedica- her curriculum vitae. tion to preserve the past events of the City of Wednesday, May 4, 2011 Mr. Speaker, Deborah Duncan DuBois was Plattsburgh, Jim Bailey has become a part of Mr. RAHALL. Mr. Speaker, I rise today to a truly remarkable lady who represented ev- its history. recognize a fellow West Virginian, William erything that is great about America. She was Mr. Speaker, I rise today to express my Dotson, who is the honored inductee of the a credit to her town, my district and our nation. gratitude and congratulations to Jim Bailey West Virginia Affordable Housing Hall of Her absence will be felt by everyone who ap- upon his retirement as the history of the City Fame. preciates good government, the arts and de- of Plattsburgh for his years of service to those It is fitting that the community of housing votion to making our world a better place. around him. professionals honor Bill because of his sterling

VerDate Mar 15 2010 04:49 May 05, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MY8.001 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS May 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E803 record of commitment to our communities. He fining moments in the evolution of international proposed the creation of a Senior Leadership has earned the right to take pride in his holis- justice. The trials also produced a comprehen- Montgomery class; his proposal was imple- tic view of building a team in the office, and sive record of the Holocaust by collecting both mented by Leadership Montgomery in 2002. his successful planning gives us equal license documentary evidence and survivor testimony. Early in his career Austin served as an at- to be proud of the many neighborhoods en- In a world where genocide and other mas- torney with a private law firm in New York hanced and communities strengthened by his sive violations of human rights are far too City, which was followed by a distinguished vision. prevalent, it is critical that we preserve the his- career with the United States Agency for Inter- Much more than an excellent public admin- tory of the Holocaust and the memories of sur- national Development. At USAID, he rep- istrator, Bill pushed budgets and programs to vivors and other witnesses. This week, we resented the United States on the Develop- fruition on little more than compassion and pause to remember all those who perished, ment Assistance Committee of the Organiza- hope, and in the end, the course of people’s honor those who survived, and redouble our tion for Economic Cooperation and Develop- lives were forever changed. His resume of ex- pledge to fight genocide, intolerance, and per- ment in Paris. Austin earned undergraduate perience and professional participation ex- secution wherever they occur. and law degrees from Harvard University, a hausts the reader, but it pales in comparison f Master’s degree in International Public Policy to the individuals and families to whom he pro- from John Hopkins and a Certificate from the vided dignity and proved the worth of the HONORING AUSTIN HEYMAN Academy of International Law at The Hague. human endeavor. Austin’s contributions and passions are nu- Too often words like ‘‘commitment’’ and HON. CHRIS VAN HOLLEN merous, but his commitment to our senior citi- ‘‘dedication’’ and expressions such as ‘‘long OF MARYLAND zens rises above all else. Austin believes that hours of hard work’’ are bantered about, and IN THE HOUSE OF REPRESENTATIVES our communities must prepare for the aging of then we meet someone with Bill’s achieve- Wednesday, May 4, 2011 its residents and be communities ‘‘for all sea- ments. Words seem hardly enough. sons of our lives.’’ He sees seniors as an in- Yet, what the public sector lacks in vol- Mr. VAN HOLLEN. Mr. Speaker, I rise today valuable resource in our midst to be embraced ume—namely money—it easily makes up for to recognize a longtime advocate for seniors as volunteers to mentor youth and to share in heartfelt thanks. While Bill cannot cash it in and intergenerational programs, my con- the skills and knowledge accumulated over a any earthly banks, he can invest it here on a stituent and friend Austin Heyman. lifetime to benefit our community. Austin has nice-sized spread that awaits him through the A delegate to two White House Conferences dedicated his efforts to ensuring that our sen- Pearly Gates. on Aging, Austin has had a long and distin- ior citizens can age with dignity, purpose and And, while the poet could easily honor Bill guished career in service to our community quality of life. as ‘‘the friend of man,’’ our great honor is to and nation. His visionary leadership in Mont- Austin is the father of David and Stephen call him our friend, and offer him sincere con- gomery County, Maryland led to his founding and grandfather of Madeline, Henry, and gratulations. of Interages, a non-profit organization that Miles. His wonderful wife Barbara, to whom he seeks to build bridges and relationships be- f has been married for many years, shares Aus- tween generations. Interages’ intergenerational tin’s commitment to community service. COMMEMORATING HOLOCAUST programs have brought children and older Mr. Speaker, I invite my colleagues to join REMEMBRANCE DAY adults together for 25 years. Indeed, since its me in expressing my gratitude to Austin founding in 1986, thousands of children and Heyman for his outstanding service. isolated older adults from senior facilities have HON. JANICE D. SCHAKOWSKY f OF ILLINOIS benefited from participation in its programs, al- REPEALING MANDATORY FUNDING IN THE HOUSE OF REPRESENTATIVES lowing dedicated and caring older adult volunteers and tutors, who are the heart of FOR SCHOOL HEALTH CENTER Wednesday, May 4, 2011 Interages, to make a significant difference in CONSTRUCTION Ms. SCHAKOWSKY. Mr. Speaker, I rise to the lives of children. Austin served as commemorate Holocaust Remembrance Day, Interages’ Director from 1986–1997. His effect SPEECH OF or Yom Hashoah, and to pay tribute to the on countless lives cannot be overestimated. HON. DANNY K. DAVIS men, women, and children murdered by the In addition to his work with Interages, Austin OF ILLINOIS Nazis during the Holocaust. has been deeply involved with numerous com- IN THE HOUSE OF REPRESENTATIVES This week, we pause to join in solidarity munity groups, working on educational and with people around the world to remember youth issues. The list of leadership positions Tuesday, May 3, 2011 one of the darkest chapters in human history. he has held is a lengthy one, and includes his The House in Committee of the Whole During the Holocaust, six million Jews were service as the first Chair of the Montgomery House on the State of the Union had under killed, and countless others were brutalized, County Commission on Children and Youth, consideration the bill (H.R. 1214) to repeal raped, dehumanized, and robbed. The world President of the Montgomery County Council mandatory funding for school-based health pledged ‘‘Never Again’’ would such a tragedy of PTAs, member of the Maryland Task Force center construction: be allowed to occur, but over sixty years later on Guidance and Counseling, founding board Mr. DAVIS of Illinois. Mr. Chair, I make a we continue to fight anti-Semitism and other member and Vice-Chair of the Volunteer Part- motion to strike the last word. I oppose H.R. forms of hatred and intolerance, even geno- nership Montgomery and Co-Leader of the 1214, a bill that would repeal mandatory fund- cide. John Macy Leadership Seminar. He has ing for school-based health centers construc- The Days of Remembrance hold a deep served on the Retired Seniors Volunteer Pro- tion. meaning for me, as a Jew, and for my com- grams Advisory Council and the Community Funding for the school-based health centers munity. My district, the 9th Congressional Dis- Relations Committee of the Montgomery will ensure that nearly 2 million children and trict of Illinois, is home to one of the largest County Chamber of Commerce. adolescents across the country will have ac- concentrations of Holocaust survivors in the Austin’s contributions to our community cess to quality comprehensive medical care, country. An estimated 3,500 Holocaust sur- have earned him numerous honors. He re- mental health services, oral health services, vivors live in the Chicago area, including the ceived the Award for Distinguished Service to preventive care, social services, and youth de- Village of Skokie, which boasts a vibrant Jew- Public Education from the Montgomery County velopment. These centers typically help chil- ish community built by survivors in the 1940s Board of Education and the Montgomery dren and adolescents who often do not have and 50s. The community recently celebrated County Paths of Achievement Award. Austin access to family doctors of their own. the opening of the new Illinois Holocaust Mu- was inducted into the Montgomery County School-based health centers have dem- seum and Education Center, a state of the art Human Rights Hall of Fame in 2008 and the onstrated their successes and accomplish- facility dedicated to preserving the memory of Maryland Senior Citizens Hall of Fame in ments in attracting harder to reach popu- the Holocaust. 2009. lations, especially minorities and males and This year, we also mark the 65th anniver- Austin has served as the moderator for two providing crucial services such as mental sary of the verdicts at the first of the Nurem- county cable television programs—‘‘Seniors health care and high-risk behavior screens. berg trials, as well as the 50th anniversary of Today’’ and ‘‘Montgomery Citizens Agenda.’’ Some analysts have reported that 10 out of 21 the trial of Adolf Eichmann. By holding the He initiated the Vital Living Initiative in 1999 adolescents were more likely to come to perpetrators of genocide legally accountable and currently chairs the Montgomery County school-based health centers for mental health for their heinous crimes, those trials were de- Vital Living Steering Committee. In 2001 he services than other types of health facilities.

VerDate Mar 15 2010 04:49 May 05, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MY8.006 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E804 CONGRESSIONAL RECORD — Extensions of Remarks May 4, 2011 When students have access to health centers his family, friends, community and his country. School-based health centers are often the to receive counseling, they are less likely to Today, as we bid Paul farewell, I ask my col- only source of health care for many children miss school or be tardy to class versus those leagues to join me in mourning his passing and adolescents who would otherwise go with- students who do not receive access to similar and honoring his unwavering patriotism and out needed services, and services are pro- services. service to our country and community. vided regardless of students’ ability to pay. Students perform better in school when they f They offer treatment to students who lack are healthy and ready to learn. Our school- insurance or whose parents are unable to take based health centers are cost effective and HONORING PRESIDENT GERALD time off work to take them to the doctor. They provide an ideal setting to administer prevent- FORD keep children from missing school, and they ative health care to children. Several research ensure that children’s health care needs are studies have shown that school-based health HON. SANDER M. LEVIN met. Studies have shown that school-based centers help in reducing Medicaid expendi- OF MICHIGAN health centers decrease emergency room vis- tures related to inpatient, drug, and emer- IN THE HOUSE OF REPRESENTATIVES its and Medicaid expenditures while improving gency room use, and improvements in health Wednesday, May 4, 2011 outcome. It is important that we remain com- grades, school attendance, and graduation rates. mitted to funding these health centers and Mr. LEVIN. Mr. Speaker, this week, we The Affordable Care Act provides grants for provide the necessary investments in our chil- honor a highly distinguished citizen of the State of Michigan and recognize his service to construction, renovation, and equipment for dren and our nation’s health. school-based health centers to increase ac- I urge all my colleagues to vote no on H.R. the people of the United States—Gerald Ford. Gerald Ford is a Michigan legacy and a cess—this bill denies access. 1214. If we are concerned about providing our model for those called to public service. He f children with access to health care—we must served with distinction in World War II aboard reject this bill. PERSONAL EXPLANATION the U.S.S. Monterrey. In 1948, he was elected to the House of Representatives, where he f HON. VIRGINIA FOXX served with integrity for twenty-five years. And RECOGNIZING THE ONGOING OF NORTH CAROLINA in 1974, during one of the darkest moments in DEMOCRATIC TRANSITION OC- IN THE HOUSE OF REPRESENTATIVES U.S. history, Gerald Ford served as the 38th CURRING IN THE KYRGYZ RE- President of the United States, unifying the PUBLIC Wednesday, May 4, 2011 Nation during a notable time of divisiveness Ms. FOXX. Mr. Speaker, yesterday (5/3/11) and uncertainty. Now, it is especially fitting HON. DAN BURTON during consideration of H.R. 1213, a bill to re- that we honor President Ford’s legacy. OF INDIANA peal mandatory funding provided to States in On behalf of the people of the United IN THE HOUSE OF REPRESENTATIVES the Patient Protection and Affordable Care Act States, we accept from the citizens of Michi- Wednesday, May 4, 2011 to establish American Health Benefit Ex- gan a statue of President Ford for placement changes, I stepped away from the House floor in the U.S. Capitol. From this day forward, Mr. BURTON of Indiana. Mr. Speaker, I rise to speak with a constituent and inadvertently countless visitors from around the globe will to recognize the ongoing democratic transition missed a vote (roll No. 283) on the Ellison of come to the Nation’s Capitol each year and be occurring in the Kyrgyz Republic. This transi- Minnesota Amendment No. 3 (H. Amdt. 262). reminded of President Ford’s courage and tion began in April 2010 when former Presi- If I had been present, I would have voted strength—those characteristics which helped dent Kurmanbek Bakiyev fled the capital as a ‘‘no.’’ to heal a divided Nation and bring us together. result of mass protests over his regime’s corrupt and repressive rule. Less than a month The statue will be displayed as part of the f after taking power, the interim government of prestigious and historic national Statuary Hall President Roza Otunbayeva formed a com- HONORING PAUL SCUPHOLM collection for years to come. mission to draft a new constitution. The con- President Ford has left us a rich legacy. As stitution produced by this commission was HON. THADDEUS G. McCOTTER we accept President Ford’s statue in the U.S. overwhelmingly passed by a national ref- OF MICHIGAN Capitol on behalf of the citizens of the United erendum and will take effect after elections IN THE HOUSE OF REPRESENTATIVES States, I hope all of us here will honor him by are held in December of this year. Wednesday, May 4, 2011 reflecting upon his legacy. Monitors from the Organization for Security f and Cooperation in Europe reported that the Mr. MCCOTTER. Mr. Speaker, today I rise October 2010 election to fill the 120 seats of to honor the extraordinary life of Paul REPEALING MANDATORY FUNDING the country’s legislature, the Jorgorku Kenesh, Scupholm and mourn him upon his passing at FOR SCHOOL HEALTH CENTER CONSTRUCTION ‘‘constituted a further consolidation of the the age of 76. democratic process and brought the country Born on January 8, 1935, Paul Scupholm SPEECH OF closer to meeting its international commit- attended Detroit Cooley High School and ments on democratic elections.’’ I applaud this graduated in 1953. Paul served as a Congres- HON. JANICE D. SCHAKOWSKY achievement and accept the view of Morten sional Aide to Representative Jack McDonald OF ILLINOIS Hoglund, head of OSCE observer mission, from 1967 through 1973, was Executive Direc- IN THE HOUSE OF REPRESENTATIVES that ‘‘this election reflected the will of the peo- tor of Friends of Detroit Public Library and a ple of the Kyrgyz Republic.’’ board member of the Redford Library. He was Tuesday, May 3, 2011 I, along with some of my colleagues, was the founder of the Redford Soccer Club. Paul The House in Committee of the Whole honored to meet President Otunbayeva when Scupholm spent many hours making wooden House on the State of the Union had under she visited Washington in March to accept the toys to be donated to several children’s hos- consideration the bill (H.R. 1214) to repeal State Department’s 2011 International Women pitals. mandatory funding for school-based health of Courage Award. President Otunbayeva de- center construction: Regrettably, on April 30, 2011, Paul serves this award not only for her leadership Scupholm passed from this earthly world to Ms. SCHAKOWSKY. Mr. Chair, I rise in opin a time of crisis, not only for being the first his eternal reward. He is survived by his be- position to H.R. 1214. female Head of State of a Central Asian na- loved wife, Lois, and his children, Brad, Jeff, School-based health centers are a critical tion, but foremost for her promotion of a con- Greg and Jennifer. A devoted brother to sister component of our nation’s health care safety stitution that recognizes her status as an in- Rosemary, Paul leaves a legacy in his grand- net. terim leader and prohibits her from running for children Lindsey, Stephanie, Vicki, Barbara, More than 1,900 school-based health cen- reelection. President Otunbayeva repeated her Beth, Mackenzie, Lexi, Trevor, Tessa, Brady, ters across the country provide access to care intention to step down during our conversa- Olivia, Kaden and Ava. A courageous and to nearly two million students. tion. I believe this willingness to allow the honorable man, Paul will be sorely missed. Centers in high schools in my district like democratic process to move forward is the Mr. Speaker, Paul Scupholm is remembered Maine East, Evanston Township, and Sullivan true sign of the President’s courage. as a dedicated husband, a compassionate fa- and Senn in Chicago, ensure that students Despite the existence of a new constitution ther, devoted brother, concerned leader and a can get access to primary, mental, and dental and the upcoming election, the Kyrgyz Repub- friend. Paul was a man who deeply treasured health services. lic’s democratic transition is not complete.

VerDate Mar 15 2010 04:49 May 05, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MY8.009 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS May 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E805 President Otunbayeva’s government, as well a Catholic priest and nearly two decades of the Eastern Star. Over the years many as the government of her successor, must teaching at Serra and Menlo Atherton High other organizations have utilized the building continue to fully investigate incidences of vio- Schools. for their meetings and events. In 1947 the lence in the southern part of the country and In 1985, Samaritan House hired John Kelly Battiste Family opened the Temple Dining to prosecute those responsible. In addition the to unite a San Mateo City Information and Re- Room and it became a very popular eating government of the Kyrgyz Republic must con- ferral Agency for low-income residents, with a spot in downtown Flint. The third generation of tinue to work with the Organization for Secu- free meal program. Under John Kelly’s fifteen the Battiste Family continues to operate the rity and Cooperation in Europe to reform its years of unparalleled leadership, Samaritan Dining Room today. law-enforcement agencies to ensure that House expanded to include many new pro- Many prominent citizens and leaders of Flint these agencies are properly trained to prevent grams and help many more people in need, were involved in the planning and construction and respond to incidents of violence. including a 90-bed shelter, free medical clinic, of the Flint Masonic Temple. The cornerstone The Kyrgyz Republic is a key ally in the food pantry, clothes closet, and holiday assist- was laid in 1909 and the building itself was fight against terrorism. The country declared ance. They offer classes in learning English, constructed to incorporate the ritual work its support for the United States immediately household budgeting, nutrition, and parenting themes given to candidates as they progress after September 11, 2001 and quickly granted skills. Today, more than 3,000 volunteers help through the first three degrees for full mem- the United States access to Kyrgyz airspace in Samaritan House provide more than 12,000 bership in a Masonic Lodge in Michigan. The support of counterterrorism operations in Af- San Mateo County residents with free food, building’s east-west orientation and the use of ghanistan. Since December 2001, the Manas clothing, and counseling. Primarily relying on big blocks are reminiscent of the Masonic rit- Transit Center located at Manas International private donations, Samaritan House proudly ual of building King Solomon’s Temple. The Airport near Bishkek has served, according to models its services on the idea of ‘‘Neighbor State of Michigan listed the site on its State the U.S. Air Force, as the ‘‘premier air mobility Helping Neighbor.’’ Registry of Historic Places in 1981. hub supporting military operations in Afghani- John Kelly is one of the best neighbors in Mr. Speaker, I ask the House of Represent- stan.’’ In addition to serving as a key transit the Bay Area. His public spiritedness truly en- atives to join me in commemorating the 100th point for personnel and materials moving into compasses the entire community. Since 1991, anniversary of the Flint Masonic Temple. The Afghanistan, the Manas Transit Center sup- John Kelly has volunteered several days a Masons devote their time, talent, and reports aerial refueling and medical evacuation week at San Quentin State Prison, where he sources to make the Flint community a better operations. I applaud President Otunbayeva’s teaches self-help courses, and offers spiritual place. The Flint Masonic Temple is a land- continued support for the Transit Center and guidance and discussion. ‘‘I relish seeing so mark and stands as a testament to the good- call on her successor to honor the agreement many men turn their lives around,’’ he always will of our Masonic organizations. I pray that made between the United States and the says. John Kelly also serves on the boards of the Flint Masonic Temple will continue to be a Kyrgyz Republic in 2009 that guarantees several civic organizations, and I’m proud to place of fellowship for many, many years to American use of the facility through 2014. sit alongside him as a member of the advisory come. Under the leadership of President Roza board of the Service League of San Mateo f Otunbayeva, the Kyrgyz Republic is moving in County. In recognition of his outstanding com- the right direction; however, the country’s mitment to his community, John Kelly received HONORING FREEDOM RIDERS ON democratic transition must continue. I call on the Bay Area’s 2005 Jefferson Award for Pub- THEIR 50TH ANNIVERSARY the government of President Otunbayeva and lic Service. the Kyrgyz people to continue developing The term ‘‘Good Samaritan’’ is used so HON. CHARLES B. RANGEL strong institutions that uphold the fundamental often that we occasionally forget what was so OF NEW YORK rights of all citizens and residents of the extraordinary about the story, where one man IN THE HOUSE OF REPRESENTATIVES Kyrgyz Republic and to hold free and fair recognized a kinship, a common humanity, Wednesday, May 4, 2011 presidential elections in December. and stopped to help a person in need. In the Mr. RANGEL. Mr. Speaker, I rise today, to f parable of the Good Samaritan, the priest passes by the hapless victim. For John Kelly, recognize the lasting impact of a coalition from PERSONAL EXPLANATION the seminary strengthened his desire to help. all across the country, now known as the It is his calling, and he has immeasurably Freedom Riders, who showed great acts of HON. JOHN B. LARSON transformed the lives of so many. courage fifty years ago in 1961 to help pave the way for all Americans—regardless of color OF CONNECTICUT Mr. Speaker, I ask my colleagues to join me and background—to have the same opportuni- IN THE HOUSE OF REPRESENTATIVES in honoring the life’s work of John Kelly and the Samaritan House. He has said, ‘‘The most ties to pursue their dreams. They traveled to Wednesday, May 4, 2011 important thing you can do is help another the deep South to challenge the codified injus- Mr. LARSON of Connecticut. Mr. Speaker, human being.’’ In this sense, John’s entire life tice in place and bring about an end of seg- on Tuesday, May 3, 2011, I missed rollcall has been filled with doing important things. He regation. vote 283. Had I been present, I would have has spent his life recognizing and resolving James Farmer, the head of the Congress of voted ‘‘yes’’ or ‘‘aye.’’ the problems of poverty, and I’m honored to Racial Equality, and his colleagues planned f recognize him in turn in Congress. demonstration rides through the South be- f cause the Supreme Court’s ruling of integra- A TRIBUTE IN HONOR OF JOHN tion of bus and train stations and airports was KELLY RECOGNIZING THE 100TH ANNIVER- not yet enforced. On May 4, 1961, thirteen rid- SARY OF THE FLINT MASONIC ers—men and women, blacks and whites—left HON. ANNA G. ESHOO TEMPLE Washington, D.C. bound for New Orleans on OF CALIFORNIA May 17, the seventh anniversary of Brown v. IN THE HOUSE OF REPRESENTATIVES HON. DALE E. KILDEE Board of Education. Between May and September of 1961, peo- Wednesday, May 4, 2011 OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES ple of all ages, color and gender throughout Ms. ESHOO. Mr. Speaker, I rise today to the country traveled to Jackson, Mississippi. honor the extraordinary contributions of John Wednesday, May 4, 2011 The Riders desegregated stations by entering Kelly, an outstanding humanitarian and former Mr. KILDEE. Mr. Speaker, today I rise to the ‘wrong’ waiting room, sitting at the ‘wrong’ Executive Director of Samaritan House in San recognize the 100th anniversary of the Flint lunch counter, using the ‘wrong’ restroom. Mateo, California. Samaritan House is hon- Masonic Temple. The building was dedicated They encountered severe prejudice and bru- oring John Kelly at its May 7th Gala for a life- on May 16, 1911 and has been in continuous tality. My dear friend and patriot, Representa- time dedicated to helping the least among us. use since that time. A celebration will be held tive JOHN LEWIS, was struck by a crate. An- John Kelly grew up in the community he in honor of this milestone on May 7th at the other good friend and colleague of mine, Rep- watches over. A San Francisco native, he Temple. resentative BOB FILNER, was arrested and in- earned a Master’s Degree in Theology from The Flint Masonic Temple is the home to carcerated for two months after refusing to the University of Notre Dame and a Master’s several Masonic organizations including Flint post bond. Degree in Psychology from Berkeley’s Grad- Lodge 23, Fellowship 490, the Flint Shriners, Through their courage and determination, uate Theological Union. He spent 25 years as the York Rite, the Scottish Rite, and the Order the Freedom Riders won. In September the

VerDate Mar 15 2010 04:56 May 05, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MY8.014 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E806 CONGRESSIONAL RECORD — Extensions of Remarks May 4, 2011 Interstate Commerce Commission issued new accomplishing major improvements for Ward There were many firsts for Mrs. Chambers, regulations mandating an end to segregation 5, and in the Beckley Community. In her first she was the first African-American woman to in bus and train stations. Their success in- two years as Councilwoman, she was instru- become President of the Beckley Business spired more people to participate in Freedom mental in getting the City of Beckley to annex and Professional Women’s Club, the first Afri- Rides elsewhere around the South during the Red Brush community of East Beckley, can-American President of the Board of Direc- 1961. These Rides eventually led the move- providing families with fire and police protec- tors for the Raleigh County Hospice Associa- ment to its landmark victories—the Civil Rights tion, water and sewage, and door to door mail tion, first African-American member of the Act in 1964 and the Voting Rights Act of 1965. delivery, by getting the City of Beckley to pave Beckley Kiwanis Club, first African-American They continue to inspire a new generation of the ‘‘red dog’’ dirt roads, throughout the Red Woman inducted into the Women of the activists, such as the students of the New Brush community of East Beckley. This project Moose in Beckley and continues to be active York State Youth Leadership Council, who in- is one that she is most proud of accom- in that organization. voked the memory of the Freedom Riders as plishing. Councilwoman Chambers has been recog- they marched from places like Washington She possesses ‘‘no fear’’ in her determina- nized for her many civic achievements in life. Heights in my hometown of New York City all tion to overcome obstacles to make life better She was recognized by former West Virginia the way to our nation’s capital to demonstrate for others. Councilwoman Chambers was also Governor Bob Wise for her leadership in the their support for the DREAM ACT. the first African-American City Council mem- City of Beckley. Councilwoman Chambers re- Fifty years ago, Freedom Riders envisioned ber in West Virginia to request and receive ceived the ‘‘Seat for Social Justice’’ award a country where everyone was given the equal funding for projects through the Budget Digest from the Citizens Conservation Corps of West opportunity to pursue their dreams. Thanks to of the West Virginia Legislature and was rec- Virginia. The ‘‘Seat for Justice Award,’’ a their efforts, anyone in America can make his ognized for her efforts by former West Virginia uniquely designed artwork depicting a bus or her dream a reality by working hard with a House of Delegates Speaker, Bob Kiss. seat, is now on permanent display at the Being a mother, and seeing the need for can-do spirit. Today we honor the Freedom Beckley-Raleigh County Public Library. children to have fun and educational activities Riders by remembering their struggles and re- Councilwoman Chambers is among two liv- during the summer months, she was first to solve, and by renewing our commitment to up- ing employees who worked at the old Conley organize the now annual ‘‘Kid’s Classic’’ in the hold their vision of promoting equal oppor- High School in Mullens, West Virginia, and City of Beckley. The ‘‘Kid’s Classic’’ is a tunity for all. was recognized for her professional achieve- weeklong celebration that allows all children ments by the West Virginia Black Hall of Fame f who live throughout Beckley and Raleigh in 2010. County, an opportunity to come together dur- RECOGNIZING THE PUBLIC CON- Councilwoman Chambers, a woman of deep ing the summer, in a safe environment for TRIBUTIONS OF THE HONORABLE abiding faith in God is a member of the Heart educational and fun activities in downtown MADRITH CHAMBERS FORMER of God Ministries in Beckley, West Virginia. Beckley. CITY OF BECKLEY COMMON She is an accomplished pianist and over the COUNCILWOMAN Throughout Councilwoman Chambers’ public service career she has been a driving force years has served as pianist for several HON. NICK J. RAHALL II in the Beckley community. She was instru- churches. Being the mother of three girls and mental in the recruitment and training of mi- two boys, she has a passion for life and en- OF WEST VIRGINIA deavors to bring all brethren together for the IN THE HOUSE OF REPRESENTATIVES norities to serve as Beckley City police officers and increased the total number of African- good of the community. Wednesday, May 4, 2011 Americans serving as police officers from two In the old gospel hymn that she loves dear- Mr. RAHALL. Mr. Speaker, being honored to seven officers during her tenure on the ly, ‘‘Let My Works Speak for Me,’’ Council- this Sunday, by her hometown church, the Common Council, a major accomplishment. woman Chambers desires that her life be a Heart of God Ministries in Beckley, West Vir- Councilwoman Chambers brought Community living testimony of what God has allowed her ginia, Madrith Chambers remains a woman of Policing to the East Park, East Beckley, and to do and achieve in her public service distinguished character, who early on dedi- the Maxwell Hill communities with satellite po- throughout Beckley and the State of West Vir- cated her life to the betterment of her commu- lice stations. ginia. Her favorite scripture is from Psalm nity. She knew that to make such service her Councilwoman Chambers, under the 133:1 ‘‘Behold, how good and how pleasant it destiny, she needed proper tools. ‘‘Undoing Racism Project,’’ facilitated training is for brethren to dwell together in unity.’’ With She enrolled in school and became a suc- in the City of Beckley for various city per- God, all things are possible is her motto. cessful model. Then she became an assistant sonnel to develop sensitivity awareness in pro- I hope all West Virginians will join me in rec- buyer for a major department store. Mrs. moting fair housing and lending for minorities, ognizing the Honorable Madrith Chambers. Chambers developed the poetry of style, health care, jobs and criminal justice. When f entering the City of Beckley from the 1–77/64 which she still exudes to this very day. HONORING DOMINIC J. In Washington, D.C., she served our troops interchange at Harper Road, travelers will be CIARAMITARO and their families from Bolling Air Force Base greeted with the words on an erected sign to Walter Reed Army Medical Center to be- which states, ‘‘We Respect Diversity.’’ The come an Air Force liaison to military families. sign was posted by the City of Beckley at the HON. THADDEUS G. McCOTTER She came home to West Virginia, and did request of Councilwoman Chambers. OF MICHIGAN work as a legal secretary and cared for her While serving as Mayor Emmett Pugh’s rep- IN THE HOUSE OF REPRESENTATIVES growing family. She also took a job as a taxi resentative on the Mountain State Centers for Wednesday, May 4, 2011 cab driver. Independent Living, she advised the Mayor on An active citizen, Mrs. Chambers was ap- how to help bring the City of Beckley into Mr. MCCOTTER. Mr. Speaker, today I rise pointed to the Beckley Human Rights Com- compliance with the Americans with Disabil- to honor Dominic J. Ciaramitaro, a courageous mission, where she served as Chairwoman for ities Act, in meeting the mobility needs for in- Marine and noble soldier, who died on April 9 years. dividuals with disabilities. A short time after 23, 2011 at the age of 19. Lance Corporal While working for the Social Security Admin- her tenure as Councilwoman, she secured do- Ciaramitaro laid down his life while bravely istration, and knowing the value of a good nated land for the City of Beckley for the es- conducting combat operations In the Helmand education, Mrs. Chambers again pursued her tablishment of the Family Dollar Store, a na- Province, Afghanistan. educational goals while attending night class- tional chain store built on the site of the former Lance Corporal Ciaramitaro was an antitank es at Bluefield State College. She obtained Pack’s Supermarket in East Beckley. The missileman assigned to the 3rd Battalion, 9th her long desired Bachelor of Science degree opening of the Family Dollar Store in East Marine Regiment, 2nd Marine Division, II Ma- in Criminal Justice Administration and Law En- Beckley provided employment opportunities for rine Expeditionary Force based in Camp forcement in 1985. many of East Beckley’s residents and is a Lejeune, N.C. He was a 2009 graduate of Upon Mrs. Chamber’s retirement after 25 source of great pride in the community. South Lyon High School who as a member of years at the Social Security Administration, Councilwoman Chambers’ accomplishments the football team. Lance Corporal Ciaramitaro she was elected in 1991, to the City of Beck- are many. She has served as 1st Vice Presi- enlisted in the Marines the day after his high ley’s Common Council, where she served for dent of the Beckley-Raleigh County NAACP school graduation and began his career as a 12 years. and was the first to run an African-American Marine in November 2009. Lance Corporal During Councilwoman Chambers’ tenure on Girl Scout Troop in Beckley, under the Black Ciaramitaro deployed in support of Operation the Common Council, she was instrumental in Diamond Girl Scouts of West Virginia. Enduring Freedom in December 2010 and

VerDate Mar 15 2010 04:49 May 05, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MY8.018 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS May 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E807 was promoted to lance corporal on Jan. 1, games during the 1987 to 1993 seasons. He The United States spends $270 billion annu- 2011. He was awarded the National Defense compiled a career record of 216–92–2 that in- ally due to chronic illness. Chronic diseases Service Medal, Afghanistan Campaign Medal cluded four undefeated seasons. are also responsible for 70 percent of deaths and the Global War on Terrorism Service Bill Munsey loved all sports, and during his in America and 75 percent of health care ex- Medal. 38 years at Pine Crest, he also coached bas- penditures. Working to curb unhealthy behav- A hard worker, a proud and brave Amer- ketball, baseball, golf and track. His excel- iors that lead to chronic disease such as to- ican, and a loving son, Lance Corporal lence as a coach was recognized with numer- bacco and alcohol consumption, physical inac- Dominic Ciaramitaro leaves behind his be- ous awards. He was voted Broward County tivity, and poor diet will save lives and money. loved mother, Debbie Beaupre and his treas- Football Coach of the Year six times and won At a time when we are being forced to make ured father and stepmother, John and Lynn the 1988 Football Coach Gold Award, a scho- tough decisions on government spending, tar- Ciaramitaro. He is survived by his adored lastic award. Besides the prominence of his geting a program like the Prevention and Pub- brother Salvatore and dearly loved sisters football teams, his basketball teams won four lic Health Fund is misguided. Investing money Holly, Lucy, Elizabeth and Grace. His grand- district titles and a trip to the state Final Four into community-based preventative care initia- parents, Marie and Sam Ciaramitaro, his in 1961. tives that encourage people to engage in grandmother Susan Boston and many aunts, During his career, Coach Munsey was in- healthier behavior has the potential to save uncles, cousins and friends will long remem- ducted into the Florida Coaches Association the country billions of dollars in costs associ- ber him. Hall of Fame, the FHSAA Hall of Fame and ated with treatment of chronic disease. Lance Corporal Dominic Ciaramitaro made Pine Crest’s own Athletic Hall of Fame. He In California alone, the Department of the ultimate sacrifice for his country in Oper- was inducted into the Broward County Sports Health and Human Services has already used ation Enduring Freedom. To his fellow sol- Hall of Fame and was named Athletic Director the Prevention and Public Health Fund to diers, his family and friends, and to everyone of the Year. Coach Munsey was also a foot- grant $42.7 million to organizations throughout who knew and loved him, he was a dedicated ball and basketball official and actually held the state that are engaged in prevention and member of his community who answered the the first Broward County officials’ meetings in wellness initiatives. Of this $42.7 million, $8.9 higher calling to serve his country. his home. Bill Munsey was known to say that million has been awarded to community and Mr. Speaker, during his lifetime, Dominic he never recruited a player from another clinical prevention, $7.2 million to public health Ciaramitaro enriched the lives of everyone school and that a Pine Crest student-athlete infrastructure, and $26.4 million to primary around him by employing energy, leadership, had to be both smart and a good athlete to care training. and courage in everything he set out to do. As play for him. The cost of treating those with chronic ill- we bid farewell to this exceptional individual, I Mr. Speaker, Bill Munsey’s absence will be ness totals billions of dollars annually and am reminded that freedom does indeed exact felt by the many players he coached, the peo- leads to billions of dollars in lost productivity. a heavy price and I ask my colleagues to join ple he coached with and against and all who Preserving the overall health of the American me in remembering and honoring his contribu- knew and admired him for the honest, dedi- people should be a priority of this body. The tions and years of devoted service to his com- cated sports professional that he was. I am move by my colleagues on the other side of munity and our country. pleased to honor his memory. the aisle to repeal this important aspect of the f f Affordable Care Act is not only fiscally irresponsible, but it is also morally reprehensible. HONORING THE LIFE OF WILLIAM REPEALING PREVENTION AND Developing programs that will encourage ‘‘BILL’’ MUNSEY PUBLIC HEALTH FUND Americans of all ages to lead more active and healthy lifestyles will require significant invest- SPEECH OF HON. ALCEE L. HASTINGS ment at the community level. The Prevention OF FLORIDA HON. LAURA RICHARDSON and Public Health Fund does that by strength- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA ening the capacity of state and local commu- Wednesday, May 4, 2011 IN THE HOUSE OF REPRESENTATIVES nities. Repealing the Prevention and Public Health Wednesday, April 13, 2011 Mr. HASTINGS of Florida. Mr. Speaker, I Fund will threaten the well being of millions of rise today to honor the memory of William The House in Committee of the Whole Americans and I urge my colleagues to vote ‘‘Bill’’ Munsey of Pompano Beach, Florida, House on the State of the Union had under against this measure to repeal it. who passed away on April 3, 2011 at age 86 consideration the bill (H.R. 1217) to repeal f after a valiant struggle against cancer. Bill had the Prevention and Public Health Fund: a long and celebrated career in athletics. As a Ms. RICHARDSON. Madam Chair, I rise HONORING THE 50TH ANNIVER- young man at Fleming High School in Roa- today in strong opposition to H.R. 1217, a bill SARY OF THE FREEDOM RIDERS noke, Virginia, he played football, basketball, that would repeal the Prevention and Public tennis and ran track. In 1942, Bill enrolled at Health Fund established by the Affordable HON. BENNIE G. THOMPSON Roanoke College on an athletic scholarship. Care Act. The Prevention and Public Health OF MISSISSIPPI Following football season, he entered the U.S. Fund makes smart investments in state and IN THE HOUSE OF REPRESENTATIVES Navy as a member of the Amphibious Forces community efforts to help the American people and served as a ‘‘frogman’’ in both the Atlantic live longer, healthier lives. Wednesday, May 4, 2011 and Pacific commands. After his military serv- The Prevention and Public Health Fund rep- Mr. THOMPSON of Mississippi. Mr. Speak- ice, Bill returned to Roanoke College, where resents a paradigm shift in the way we con- er, today, I rise to honor the 50th anniversary he played basketball. ceptualize health care in this country. Instead of the Freedom Riders and their incredibly Bill and his wife, Jane, moved to Florida in of focusing exclusively on treatment, the fund courageous acts of resistance during the sum- 1949, where he began teaching and coaching established by the Affordable Care Act recog- mer of 1961, when civil rights leaders at Riverside Military Academy in Hollywood. nizes the importance of prevention and en- launched the Freedom Rides to challenge the During that time, he attended the University of courages Americans to lead healthier life- Jim Crow laws that upheld the segregated Miami, graduating in 1950 with a degree in styles. All 50 states are already using these interstate bus systems. Physical Education. He loved Miami football funds to target the obesity epidemic, HIV pre- Indeed, I am privileged to serve with two of and was always proud to be a ‘‘Hurricane.’’ vention, tobacco usage, and nutrition and my esteemed colleagues, Representative Bill Munsey began his career in high school physical activity. JOHN LEWIS and Representative BOB FILNER, coaching in 1954 at Pine Crest School, where Not only does the Prevention and Public Freedom Riders who blazed the trail in order he was known as the ‘‘cornerstone’’ of the ath- Health Fund promote healthier lifestyles, it that I might have the distinct honor to serve as letic program. He coached Pine Crest’s first also contributes to long-term savings in health the highest-ranking African American elected football team and served as its first Athletic Di- care expenditures. As health care costs con- official in the state of Mississippi—an oppor- rector. He built a legendary and very success- tinue to rise, preventative care can help to rein tunity that would not have been possible with- ful career, serving as coach and Athletic Di- in the out of control costs. Preventing chronic out the personal sacrifices of the Freedom rector for 38 years. As head of the football diseases like heart disease, cancer, diabetes, Riders in their quest for racial justice in this program, Coach Munsey led his teams to nine and stroke does not only make sense from a country. conference titles, eight district titles and four public health perspective, it makes sense from The Freedom Rides, an organized effort ini- regional titles. His football teams won 61 of 63 an economic perspective as well. tiated by the Congress of Racial Equality

VerDate Mar 15 2010 04:49 May 05, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MY8.020 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E808 CONGRESSIONAL RECORD — Extensions of Remarks May 4, 2011 (CORE), was a significant moment during the MEETINGS SCHEDULED MAY 11 Civil Rights Movement, as young students MAY 6 10 a.m. were greeted with violent racial discrimination 9:30 a.m. Appropriations Department of Defense Subcommittee as they traveled from Washington, DC Joint Economic Committee To hold hearings to examine proposed throughout the Jim Crow South to test the Su- To hold hearings to examine the employ- budget estimates for fiscal year 2012 for ment situation for April 2011. preme Court’s ruling in Boynton v. Virginia the Guard and Reserve. SD–106 (1960), which declared segregation in inter- SD–192 state bus and rail stations unconstitutional. Finance MAY 10 Freedom Riders faced violent opposition and To hold hearings to examine the United garnered broad media attention, which eventu- 10 a.m. States-Colombia Trade Promotion ally forced Federal intervention from the Ken- Banking, Housing, and Urban Affairs Agreement. nedy administration. To hold hearings to examine reviewing SD–215 The first Freedom Ride took place on May the Financial Crisis Inquiry Commis- Health, Education, Labor, and Pensions sion’s final report. 4, 1961 when seven blacks and six whites left To hold hearings to examine diverting SD–538 non-urgent emergency room use, focus- Washington, D.C., on two public buses bound Energy and Natural Resources ing on if it can provide better care and for the Deep South. The Freedom Riders To hold hearings to examine new devel- lower costs. made it through Virginia and North Carolina opments in upstream oil and gas tech- SD–430 without incident, but as they made it to Rock nologies. Homeland Security and Governmental Af- Hill, South Carolina, the Freedom Riders en- SD–366 fairs countered violence and faced more resistance Finance Business meeting to consider pending as they traveled further into the ‘‘Deep South.’’ To hold hearings to examine perspectives calendar business. The ride continued to Anniston, Alabama, on deficit reduction, focusing on Social SD–342 Security. Appropriations where on May 14th they were met by a violent Departments of Labor, Health and Human mob of over 100 people. Before their arrival, SD–215 Foreign Relations Services, and Education, and Related Anniston local authorities had given permis- To hold hearings to examine steps needed Agencies Subcommittee sion to the Ku Klux Klan to strike against the for a successful 2014 transition in Af- To hold hearings to examine proposed Freedom Riders without fear of arrest. ghanistan. budget estimates for fiscal year 2012 for CORE leaders decided that letting violence SD–419 the National Institutes of Health. end the trip would send the wrong signal to Appropriations SD–124 the country. On May 17, 1961, SNCC and the Department of Homeland Security Sub- 10:15 a.m. Nashville Student Movement rode from Nash- committee Judiciary Antitrust, Competition Policy and Con- ville to Birmingham to resume the Freedom To hold hearings to examine proposed budget estimates for fiscal year 2012 for sumer Rights Subcommittee Rides. To hold hearings to examine the AT&T/ On May 29th, the Kennedy administration the Coast Guard, focusing on an examination of operational and recapitaliza- T–Mobile merger. announced that it had directed the Interstate tion requirements. SD–226 Commerce Commission to ban segregation in SD–138 1:30 p.m. Armed Services all facilities under its jurisdiction, but the rides Judiciary Personnel Subcommittee continued as students from all over the coun- Privacy, Technology and the Law Sub- To resume hearings to examine the Ac- try purchased bus tickets to the South and committee tive, Guard, Reserve, and civilian per- To hold hearings to examine protecting crowded into Mississippi jails. The Freedom sonnel programs in review of the De- mobile privacy, focusing on Rides inspired sit-ins in public facilities and fense Authorization Request for fiscal smartphones, tablets, cell phones and businesses across the South. year 2012 and the Future Years Defense privacy. Today, collectively, we must be ‘‘Change Program. SD–226 Agents’’ and continue to pursue the struggle SR–232A 2:30 p.m. 2 p.m. for human, civil, and equal rights which are Commerce, Science, and Transportation Rules and Administration the legacy and spirit of the Freedom Riders To hold hearings to examine the Trans- and all of the brave men and women who Business meeting to consider the nomi- portation Worker Identification Cre- nation of William J. Boarman, of Mary- made personal sacrifices during the Civil dential Program. land, to be Public Printer, Government Rights Movement for justice and equality for SR–253 Printing Office, S. Res. 116, to provide all mankind. Armed Services for expedited Senate consideration of Emerging Threats and Capabilities Sub- f certain nominations subject to advice committee and consent, and S. 739, to authorize SENATE COMMITTEE MEETINGS To hold closed hearings to examine pro- the Architect of the Capitol to estab- Title IV of Senate Resolution 4, liferation prevention programs at the lish battery recharging stations for pri- agreed to by the Senate on February 4, Department of Energy and the Depart- vately owned vehicles in parking areas ment of Defense in review of the De- under the jurisdiction of the Senate at 1977, calls for establishment of a sys- fense Authorization Request for fiscal tem for a computerized schedule of all no net cost to the Federal Government. year 2012 and the Future Years Defense SR–301 meetings and hearings of Senate com- Program; to be immediately followed 2:30 p.m. mittees, subcommittees, joint commit- by an open hearing in SR–232A. Commerce, Science, and Transportation tees, and committees of conference. SVC–217 To hold hearings to examine manufac- This title requires all such committees Homeland Security and Governmental Af- turing our way to a stronger economy. to notify the Office of the Senate Daily fairs SR–253 Digest—designated by the Rules Com- Oversight of Government Management, the Energy and Natural Resources mittee—of the time, place, and purpose Federal Workforce, and the District of National Parks Subcommittee Columbia Subcommittee of the meetings, when scheduled, and To hold hearings to examine S. 114, to Federal Financial Management, Govern- authorize the Secretary of the Interior any cancellations or changes in the ment Information, Federal Services, to enter into a cooperative agreement meetings as they occur. and International Security Sub- for a park headquarters at San Antonio As an additional procedure along committee Missions National Historical Park, to with the computerization of this infor- To hold joint hearings to examine a road- expand the boundary of the Park, to mation, the Office of the Senate Daily map for a more effecient and account- conduct a study of potential land ac- Digest will prepare this information for able Federal government, focusing on quisitions, S. 127, to establish the Buf- printing in the Extensions of Remarks implementing the ‘‘Government Per- falo Bayou National Heritage Area in formance and Results (GPRA) Mod- the State of Texas, S. 140, to designate section of the CONGRESSIONAL RECORD ernization Act’’. on Monday and Wednesday of each as wilderness certain land and inland SD–562 water within the Sleeping Bear Dunes week. Intelligence National Lakeshore in the State of Meetings scheduled for Thursday, To hold closed hearings to examine cer- Michigan, S. 161, to establish Pinnacles May 5, 2011 may be found in the Daily tain intelligence matters. National Park in the State of Cali- Digest of today’s RECORD. SH–219 fornia as a unit of the National Park

VerDate Mar 15 2010 04:49 May 05, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A04MY8.023 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS May 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E809 System, S. 177, to authorize the Sec- of designating the Colonel Charles MAY 19 retary of the Interior to acquire the Young Home in Xenia, Ohio as a unit of 10 a.m. Gold Hill Ranch in Coloma, California, the National Park System. Foreign Relations S. 247, to establish the Harriet Tubman SD–366 To hold hearings to examine evaluating National Historical Park in Auburn, goals and progress in Afghanistan and New York, and the Harriet Tubman Un- MAY 12 derground Railroad National Historical Pakistan. 9:30 a.m. SD–419 Park in Caroline, Dorchester, and Tal- Energy and Natural Resources bot Counties, Maryland, S. 279, to di- To hold hearings to examine carbon cap- MAY 25 rect the Secretary of the Interior to ture and sequestration legislation, in- carry out a study to determine the cluding S. 699, to authorize the Sec- 10:30 a.m. suitability and feasibility of estab- retary of Energy to carry out a pro- Appropriations lishing Camp Hale as a unit of the Na- gram to demonstrate the commercial Department of Defense Subcommittee tional Park System, S. 302, to author- application of integrated systems for To hold hearings to examine proposed ize the Secretary of the Interior to long-term geological storage of carbon budget estimates for fiscal year 2012 for issue right-of-way permits for a nat- dioxide, and S. 757, to provide incen- the Missile Defense Agency. ural gas transmission pipeline in non- tives to encourage the development SD–192 wilderness areas within the boundary and implementation of technology to of Denali National Park, S. 313, to au- capture carbon dioxide from dilute MAY 26 thorize the Secretary of the Interior to sources on a significant scale using di- 10:30 a.m. issue permits for a microhydro project rect air capture technologies. in nonwilderness areas within the SD–366 Appropriations boundaries of Denali National Park 10:30 a.m. Department of Defense Subcommittee and Preserve, to acquire land for Appropriations To receive a closed briefing on the Denali National Park and Preserve Department of Defense Subcommittee United States Central Command from Doyon Tourism, Inc, S. 323, to es- To receive a closed briefing on the (CENTCOM) and United States African tablish the First State National His- United States Special Operations Com- Command (AFRICOM). torical Park in the State of Delaware, mand (SOCOM), and the United States SVC–217 S. 403, to amend the Wild and Scenic European Command (EUCOM). Rivers Act to designate segments of SVC–217 JUNE 15 the Molalla River in the State of Or- 2:30 p.m. 10:30 a.m. egon, as components of the National Intelligence Appropriations Wild and Scenic Rivers System, S. 404, To hold closed hearings to examine cer- to modify a land grant patent issued by Department of Defense Subcommittee tain intelligence matters. To hold hearings to examine the Sec- the Secretary of the Interior, S. 508, to SH–219 establish the Chimney Rock National retary of Defense and the Chairman of the Joint Chiefs of Staff. Monument in the State of Colorado, S. MAY 17 535, to authorize the Secretary of the SD–192 Interior to lease certain lands within 10 a.m. Fort Pulaski National Monument, S. Foreign Relations JUNE 16 To hold hearings to examine strategic 564, to designate the Valles Caldera Na- 10:30 a.m. implications of Pakistan and the re- tional Preserve as a unit of the Na- Energy and Natural Resources tional Park System, S. 599, to establish gion. SD–419 To hold hearings to examine S. 343, to a commission to commemorate the ses- amend Title I of PL 99–658 regarding quicentennial of the American Civil 10:30 a.m. Appropriations the Compact of Free Association be- War, S. 713, to modify the boundary of tween the Government of the United Petersburg National Battlefield in the Department of Defense Subcommittee States of America and the Government Commonwealth of Virginia, S. 765, to To receive a closed briefing the United of Palau, to approve the results of the modify the boundary of the Oregon States Northern Command Caves National Monument, S. 779, to (NORTHCOM) and the United States 15-year review of the Compact, includ- authorize the acquisition and protec- Southern Command (SOUTHCOM). ing the Agreement Between the Gov- tion of nationally significant battle- SVC–217 ernment of the United States of Amer- fields and associated sites of the Revo- ica and the Government of the Repub- lutionary War and the War of 1812 MAY 18 lic of Palau Following the Compact of under the American Battlefield Protec- 10 a.m. Free Association Section 432 Review, tion Program, S. 849, to establish the Veterans’ Affairs and to appropriate funds for the pur- Waco Mammoth National Monument in To hold hearings to examine seamless poses of the amended PL 99–658 for fis- the State of Texas, and S. 858, to au- transition, focusing on improving Vet- cal years ending on or before Sep- thorize the Secretary of the Interior to erans Affairs and Department of De- tember 30, 2024, to carry out the agree- conduct a special resource study to defense collaboration. ments resulting from that review. termine the suitability and feasibility SR–418 SD–366

VerDate Mar 15 2010 04:49 May 05, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M04MY8.000 E04MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS Wednesday, May 4, 2011 Daily Digest Senate By 50 yeas 44 nays (Vote No. EX. 66), John J. Chamber Action McConnell, Jr., of Rhode Island, to be United States Routine Proceedings, pages S2639–S2700 District Judge for the District of Rhode Island. Measures Introduced: Eleven bills and three reso- Pages S2661–76, S2700 lutions were introduced, as follows: S. 877–887, and During consideration of this measure today, Senate S. Res. 162–164. Pages S2686–87 also took the following action: By 63 yeas to 33 nays, 1 responding present (Vote Measures Passed: No. 65), three-fifths of those Senators duly chosen Congratulating the University of Minnesota and sworn, having voted in the affirmative, Senate Duluth Men’s Ice Hockey Team: Committee on the agreed to the motion to close further debate on the Judiciary was discharged from further consideration nomination. Page S2661 of S. Res. 151, congratulating the University of Nominations Received: Senate received the fol- Minnesota Duluth men’s ice hockey team on win- lowing nominations: ning their first National Collegiate Athletic Associa- Anthony Frank D’Agostino, of Maryland, to be a tion (NCAA) Division I Men’s Hockey National Director of the Securities Investor Protection Cor- Championship, and the resolution was then agreed poration for a term expiring December 31, 2011. to. Pages S2694–95 Anthony Frank D’Agostino, of Maryland, to be a Recognizing the Teachers of the United States: Director of the Securities Investor Protection Cor- Senate agreed to S. Res. 164, recognizing the teach- poration for a term expiring December 31, 2014. ers of the United States for their contributions to the Janice Eberly, of Illinois, to be an Assistant Sec- retary of the Treasury. development and progress of our Nation. Page S2695 Ryan C. Crocker, of Washington, Personal Rank Measures Considered: of Career Ambassador, to be Ambassador to the Is- SBIR/STTR Reauthorization Act: By 52 yeas to lamic Republic of Afghanistan. 44 nays (Vote No. 64), three-fifths of those Senators Christopher Droney, of Connecticut, to be United duly chosen and sworn, not having voted in the af- States Circuit Judge for the Second Circuit. firmative, Senate rejected the motion to close further Dana L. Christensen, of Montana, to be United debate on S. 493, to reauthorize and improve the States District Judge for the District of Montana. SBIR and STTR programs. Page S2661 Katherine B. Forrest, of New York, to be United States District Judge for the Southern District of Appointments: New York. Board of Visitors of the U.S. Coast Guard Acad- John M. Gerrard, of Nebraska, to be United States emy: The Chair, on behalf of the Vice President, District Judge for the District of Nebraska. pursuant to 14 U.S.C. 194, as amended by Public Yvonne Gonzalez Rogers, of California, to be Law 101–595, and upon the recommendation of the United States District Judge for the Northern Dis- Chairman of the Committee on Commerce, Science trict of California. and Transportation, appointed the following Senators Edgardo Ramos, of Connecticut, to be United to the Board of Visitors of the U.S. Coast Guard States District Judge for the Southern District of Academy: Senator Wicker, from the Committee on New York. Commerce, Science and Transportation and Senator Robert N. Scola, Jr., of Florida, to be United Toomey, At Large. Page S2695 States District Judge for the Southern District of Nomination Confirmed: Senate confirmed the fol- Florida. Dennis J. Erby, of Mississippi, to be United States lowing nomination: Marshal for the Northern District of Mississippi for the term of four years. D446

VerDate Mar 15 2010 05:22 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D04MY1.REC D04MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 4, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D447 Edward M. Spooner, of Florida, to be United APPROPRIATIONS: COMMODITY FUTURES States Marshal for the Northern District of Florida TRADING COMMISSION AND U.S. for the term of four years. SECURITIES AND EXCHANGE COMMISSION Thomas Hicks, of Virginia, to be a Member of the Election Assistance Commission for a term expiring Committee on Appropriations: Subcommittee on Finan- December 12, 2013. cial Service and General Government concluded a 35 Air Force nominations in the rank of general. hearing to examine proposed budget estimates and 7 Army nominations in the rank of general. justification for fiscal year 2012 for the Commodity 3 Marine Corps nominations in the rank of gen- Futures Trading Commission and the U.S. Securities eral. and Exchange Commission, after receiving testimony 2 Navy nominations in the rank of admiral. from Gary Gensler, Chairman, U.S. Commodity Fu- Routine lists in the Air Force, Army, and Navy. tures Trading Commission, and Mary L. Schapiro, Pages S2695–S2700 Chairman, U.S. Securities and Exchange Commis- sion. Nomination Withdrawn: Senate received notification of withdrawal of the following nomination: APPROPRIATIONS: NATIONAL NUCLEAR Ryan C. Crocker, of Washington, to be a Member of the United States Advisory Commission on Public SECURITY ADMINISTRATION Diplomacy for a term expiring July 1, 2012, which Committee on Appropriations: Subcommittee on Energy was sent to the Senate on February 17, 2011. and Water Development concluded a hearing to ex- Page S2700 amine proposed budget estimates and justification for fiscal year 2012 for the National Nuclear Secu- Messages from the House: Page S2683 rity Administration, after receiving testimony from Measures Read the First Time: Pages S2683, S2695 Thomas P. D’Agostino, Under Secretary of Energy Executive Communications: Pages S2683–86 for Nuclear Security and Administrator, National Nuclear Security Administration. Executive Reports of Committees: Page S2686 Additional Cosponsors: Pages S2687–88 DEFENSE AUTHORIZATION REQUEST AND Statements on Introduced Bills/Resolutions: FUTURE YEARS DEFENSE PROGRAM Pages S2688–93 Committee on Armed Services: Subcommittee on Per- Additional Statements: Pages S2682–83 sonnel concluded a hearing to examine the Active, Notices of Hearings/Meetings: Pages S2693–94 Guard, Reserve, and civilian personnel programs in review of the Defense Authorization Request for fis- Authorities for Committees to Meet: Page S2694 cal year 2012 and the Future Years Defense Pro- Privileges of the Floor: Page S2694 gram, after receiving testimony from Clifford L. Record Votes: Three record votes were taken today. Stanley, Under Secretary for Personnel and Readi- (Total—66) Pages S2661, S2676 ness, Robert F. Hale, Under Secretary, Comptroller, Dennis M. McCarthy, Assistant Secretary for Reserve Adjournment: Senate convened at 10 a.m. and ad- Affairs, and Jonathan Woodson, Assistant Secretary journed at 6:59 p.m., until 10 a.m. on Thursday, for Health Affairs, all of the Department of Defense. May 5, 2011. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Record on NEW START TREATY IMPLEMENTATION page S2695.) Committee on Armed Services: Subcommittee on Stra- Committee Meetings tegic Forces committee concluded a hearing to examine implementation of the New START Treaty and (Committees not listed did not meet) plans for future reductions in nuclear warheads and delivery systems post-New START Treaty, after re- APPROPRIATIONS: DEPARTMENT OF ceiving testimony from James N. Miller, Principal LABOR Deputy Under Secretary for Policy, and General C. Committee on Appropriations: Subcommittee on Depart- Robert Kehler, Commander, United States Strategic ments of Labor, Health and Human Services, and Command, both of the Department of Defense; Wil- Education, and Related Agencies concluded a hear- liam J. Perry, Stanford University Center for Inter- ing to examine proposed budget estimates for fiscal national Security and Cooperation, Stanford, Cali- year 2012 for the Department of Labor, after receiv- fornia; and Keith B. Payne, Missouri State Univer- ing testimony from Hilda L. Solis, Secretary of sity Graduate Department of Defense and Strategic Labor. Studies, Fairfax, Virginia.

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BUDGET ENFORCEMENT MECHANISMS tice, after receiving testimony from Eric H. Holder, Committee on Finance: Committee concluded a hearing Jr., Attorney General, Department of Justice. to examine budget enforcement mechanisms, after receiving testimony from Susan J. Irving, Director, NOMINATIONS Federal Budget Analysis, Strategic Issues, Govern- Committee on the Judiciary: Committee concluded a ment Accountability Office; Paul N. Van de Water, hearing to examine the nominations of John Andrew Center on Budget and Policy Priorities, Washington, Ross, to be United States District Judge for the D.C.; and Phil Gramm, UBS Investment Bank, New Eastern District of Missouri, who was introduced by York, New York. Senator McCaskill; Timothy M. Cain, to be United NOMINATIONS States District Judge for the District of South Caro- lina; Nannette Jolivette Brown, to be United States Committee on Foreign Relations: Committee concluded District Judge for the Eastern District of Louisiana, a hearing to examine the nominations of Daniel Ben- who was introduced by Senators Landrieu and Vitter; jamin Shapiro, of Illinois, to be Ambassador to Nancy Torresen, to be United States District Judge Israel, who was introduced by Senators Nelson (FL) for the District of Maine, who was introduced by and Lieberman; Stuart E. Jones, of Virginia, to be Senators Snowe and Collins; and William Francis Ambassador to the Hashemite Kingdom of Jordan; Kuntz II, to be United States District Judge for the George Albert Krol, of New Jersey, to be Ambas- Eastern District of New York, after the nominees sador to the Republic of Uzbekistan; and Henry S. testified and answered questions in their own behalf. Ensher, of California, to be Ambassador to the Peo- ple’s Democratic Republic of Algeria, all of the De- BUSINESS MEETING partment of State, after the nominees testified and answered questions in their own behalf. Committee on Veterans’ Affairs: Committee ordered favorably reported the nominations of Allison A. BORDER SECURITY Hickey, of Virginia, to be Under Secretary for Bene- Committee on Homeland Security and Governmental Af- fits, and Steve L. Muro, of California, to be Under fairs: Committee concluded a hearing to examine se- Secretary for Memorial Affairs, both of the Depart- curing the border, focusing on progress at the Fed- ment of Veterans Affairs. eral level, after receiving testimony from Janet Napolitano, Secretary of Homeland Security. INTELLIGENCE Select Committee on Intelligence: Committee met in a DEPARTMENT OF JUSTICE OVERSIGHT joint closed session with the Committee on Armed Committee on the Judiciary: Committee concluded an Services to receive a briefing on certain intelligence oversight hearing to examine the Department of Jus- matters from officials of the intelligence community. h House of Representatives to conduct certain offshore oil and gas lease sales, Chamber Action and for other purposes (H. Rept. 112–73). Public Bills and Resolutions Introduced: 30 pub- Page H3059 lic bills, H.R. 1705–1734; and 8 resolutions, H. Speaker: Read a letter from the Speaker wherein he Con. Res. 48–49 and H. Res. 246–251, were intro- appointed Representative Fitzpatrick to act as Speak- duced. Pages H3059–61 er pro tempore for today. Page H3003 Additional Cosponsors: Pages H3062–63 Recess: The House recessed at 10:41 a.m. and re- Report Filed: A report was filed today as follows: convened at 12 noon. Page H3011 H. Res. 245, providing for consideration of the Chaplain: The prayer was offered by the guest chap- bill (H.R. 1229) to amend the Outer Continental lain, Reverend Dr. Kurt Gerhard, St. Patrick’s Epis- Shelf Lands Act to facilitate the safe and timely pro- copal Church, Washington, DC. Page H3011 duction of American energy resources from the Gulf of Mexico, and providing for consideration of the bill No Taxpayer Funding for Abortion Act: The (H.R. 1230) to require the Secretary of the Interior House passed H.R. 3, to prohibit taxpayer funded abortions and to provide for conscience protections,

VerDate Mar 15 2010 05:22 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D04MY1.REC D04MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 4, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D449 by a recorded vote of 251 ayes to 175 noes, Roll No. Meeting Hour: Agreed that when the House ad- 292. Pages H3023–37, H3041–43 journs today, it adjourn to meet at 9 a.m. tomorrow, Rejected the Speier motion to recommit the bill May 5th. Page H3043 to the Committee on the Judiciary with instructions Quorum Calls—Votes: One yea-and-nay vote and to report the same back to the House forthwith with six recorded votes developed during the proceedings amendments, by a recorded vote of 192 ayes to 235 of today and appear on pages H3022–23, noes, Roll No. 291. Pages H3041–43 H3037–38, H3038, H3040, H3040–41, H3042–43, Pursuant to the rule, the amendment in the na- and H3043. There were no quorum calls. ture of a substitute printed in H. Rept. 112–71 shall be considered as adopted, in lieu of the amend- Adjournment: The House met at 10 a.m. and ad- ment in the nature of a substitute recommended by journed at 7:52 p.m. the Committee on the Judiciary now printed in the bill. Page H3023 Committee Meetings H. Res. 237, the rule providing for consideration MISCELLANEOUS MEASURES of the bill, was agreed to by a yea-and-nay vote of 243 yeas to 177 nays, Roll No. 286, after the pre- Committee on Agriculture: Full committee held a mark- vious question was ordered without objection. up of H.R. 1573, to facilitate implementation of Pages H3014–23 title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, promote regulatory co- Moment of Silence: The House observed a moment ordination, and avoid market disruption. The bill of silence in honor of the men and women in uni- was ordered reported, as amended. form who have given their lives in the service of our nation in Iraq and Afghanistan, their families, and PORK INDUSTRY all who serve in the armed forces and their families. Committee on Agriculture: Subcommittee on Livestock, Page H3038 Dairy, and Poultry-Public held a hearing to review Repealing mandatory funding for school-based the state of the pork industry. Testimony was heard health center construction: The House passed from public witnesses. H.R. 1214, to repeal mandatory funding for school- NATIVE AMERICAN PUBLIC WITNESS based health center construction, by a recorded vote HEARING—APPROPRIATIONS of 235 ayes to 191 noes, Roll No. 290. Consider- ation of the measure began yesterday, May 3rd. Committee on Appropriations: Subcommittee on Inte- Pages H3037–41 rior, Environment and Related Agencies, Native Rejected the McCarthy (NY) motion to recommit American public witness hearing. Testimony was the bill to the Committee on Energy and Commerce heard from public witnesses. with instructions to report the same to the House COMMERCE, JUSTICE, SCIENCE, AND forthwith with an amendment, by a recorded vote of RELATED AGENCIES—APPROPRIATIONS 180 ayes to 230 noes, Roll No. 289. Pages H3038–40 Committee on Appropriations: Subcommittee on Com- Rejected: merce, Justice, Science, and Related Agencies held a Jackson Lee amendment (No. 1 printed in the hearing on the Office of Science and Technology Congressional Record of May 2, 2011) that was de- Policy FY 2012 Budget. Testimony was heard from bated on May 3rd that sought to require the Health John P. Holdren, Director. and Human Services Department to post a notice of rescission and the total amount of unobligated funds MISCELLANEOUS MEASURES rescinded by the bill on the department’s website Committee on Armed Services: Subcommittee on Mili- (by a recorded vote of 207 ayes to 218 noes, Roll tary Personnel held a markup on H.R. 1540, to au- No. 287) and Pages H3037–38 thorize appropriations for fiscal year 2012 for mili- Pallone amendment (No. 2 printed in the Con- tary activities of the Department of Defense and for gressional Record of May 2, 2011) that was debated military construction, to prescribe military personnel on May 3rd that sought to require a GAO study to strengths for fiscal year 2012, and for other pur- determine school districts most in need of con- poses. The bill was forwarded, without amendment. structing or renovating school-based health centers (by a recorded vote of 205 ayes to 210 noes, Roll MISCELLANEOUS MEASURES No. 288). Page H3038 Committee on Armed Services: Subcommittee on Emerg- H. Res. 236, the rule providing for consideration ing Threats and Capabilities held a markup on H.R. of the bills (H.R. 1213) and (H.R. 1214) was agreed 1540, to authorize appropriations for fiscal year 2012 to yesterday, May 3rd. for military activities of the Department of Defense

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and for military construction, to prescribe military MISCELLANEOUS MEASURES personnel strengths for fiscal year 2012, and for Committee on Financial Services: Subcommittee on Cap- other purposes. The bill was forwarded, without ital Markets continued markup of the following: amendment. H.R. 1070, Small Company Capital Formation Act MISCELLANEOUS MEASURES of 2011; H.R. 1062, Burdensome Data Collection Committee on Armed Services: Subcommittee on Stra- Relief Act; H.R. 33, to amend the Securities Act of tegic Forces held a markup on H.R. 1540, to au- 1933 to allow church plans to invest in collective thorize appropriations for fiscal year 2012 for mili- trusts; H.R. 940, United States Covered Bonds Act tary activities of the Department of Defense and for of 2011; H.R. 1082, Small Business Capital Access military construction, to prescribe military personnel and Job Preservation Act; H.R. 1539, Asset-Backed strengths for fiscal year 2012, and for other pur- Market Stabilization Act of 2011; and H.R. 1610, poses. The bill was forwarded, without amendment. Business Risk Mitigation and Price Stabilization Act MISCELLANEOUS MEASURES of 2011. 10 a.m., 2128 Rayburn. The following bills were forwarded, as amended: H.R. 33; H.R. 940; Committee on Armed Services: Subcommittee on Tac- and H.R. 1070. The following bills were forwarded, tical Air and Land Forces held a markup on H.R. without amendment: H.R. 1062; H.R. 1082; H.R. 1540, to authorize appropriations for fiscal year 2012 1539; and H.R. 1610. for military activities of the Department of Defense and for military construction, to prescribe military MISCELLANEOUS MEASURES personnel strengths for fiscal year 2012, and for other purposes. The bill was forwarded, without Committee on Financial Services: Subcommittee on Fi- amendment. nancial Institutions held a markup of H.R. 1121, Responsible Consumer Financial Protection Regula- MODERNIZING MINE SAFETY tions Act of 2011; H.R. 1315, Consumer Financial Committee on Education and the Workforce: Sub- Protection Safety and Soundness Improvement Act of committee on Workforce Protections held a hearing 2011; and legislation to postpone the date for the on Modernizing Mine Safety. Testimony was heard transfer of functions to the Bureau of Consumer Fi- from public witnesses. nancial Protection if the Bureau does not yet have THREAT OF DATA THEFT TO AMERICAN a Director in place. H.R. 1121 was forwarded, as CONSUMERS amended. H.R. 1315 and H.R. 1667, were both forwarded without amendment. Committee on Energy and Commerce: Subcommittee on Commerce, Manufacturing, and Trade held a hearing SECURING OUR NATION’S MASS TRANSIT entitled ‘‘The Threat of Data Theft to American Consumers.’’ Testimony was heard from David SYSTEMS AGAINST A TERRORIST ATTACK Vladeck, Director, Bureau of Consumer Protection, Committee on Homeland Security: Full Committee held Federal Trade Commission; Pablo Martinez, Deputy a hearing entitled ‘‘Securing Our Nation’s Mass Special Agent in Charge, Criminal Investigative Di- Transit Systems Against a Terrorist Attack.’’ Testi- vision, U.S. Secret Service; and public witnesses. mony was heard from John S. Pistole, Administrator, NUCLEAR REGULATORY COMMISSION TSA, Department of Homeland Security; W. Craig Fugate, Administrator, FEMA, Department of Committee on Energy and Commerce: Subcommittee on Homeland Security; Richard Daddario, Deputy Com- Energy and Power and the Subcommittee on Envi- missioner for Counterterrorism, New York City Po- ronment and the Economy held a joint hearing enti- lice Department; Richard L. Rodriguez, President, tled ‘‘The Role of the Nuclear Regulatory Commis- Chicago Transit Authority; and Daniel O. Hartwig, sion in America’s Energy Future.’’ Testimony was Deputy Chief—Operations, BART Police Depart- heard from the following Nuclear Regulatory Com- ment, San Francisco Bay Area Rapid Transit mission officials: Gregory B. Jaczko, Chairman; Kris- (BART). tine L. Svinicki, Commissioner, William D. Mag- wood, Commissioner; and William C. Ostendorff. MODERN SECURITY CREDENTIALS MISCELLANEOUS MEASURES Committee on Homeland Security: Subcommittee on Committee on Energy and Commerce: Subcommittee on Transportation Security held a hearing on H.R. Environment and the Economy held a markup of 1690, the MODERN Security Credentials Act. Tes- H.R. 908, to extend the Chemical Facilities Anti- timony was heard from Stephen Sadler, Assistant Terrorism (CFATS) program through September 30, Administrator, Transportation Threat Assessment 2017. The bill was forwarded, as amended. and Credentialing, TSA; and public witnesses.

VerDate Mar 15 2010 05:22 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D04MY1.REC D04MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 4, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D451 COST-JUSTIFYING REGULATIONS IS THIS ANY WAY TO TREAT OUR Committee on the Judiciary: Subcommittee on Courts TROOPS? PART III: TRANSITION DELAYS Commercial and Administrative Law held a hearing Committee on Oversight and Government Reform: Sub- on Cost-Justifying Regulations: Protecting Jobs and committee on National Security, Homeland Defense the Economy by Presidential and Judicial Review of and Foreign Operations held a hearing entitled ‘‘Is Costs and Benefits. Testimony was heard from public This Any Way to Treat Our Troops? Part III: Tran- witnesses. sition Delays.’’ John Medve, Executive Director, VA/ DOD Collaboration Service, Department of Veterans ICANN GENERIC TOP-LEVEL DOMAINS Affairs; Lynn Simpson, Acting Principal Deputy Un- (gTLD) dersecretary of Defense for Personnel and Readiness, Committee on the Judiciary: Subcommittee on Intellec- Department of Defense; Randall B. Williamson, Di- tual Property, Competition and the Internet held a rector of Health Care, Dan Bertoni, Director of Edu- hearing on ICANN Generic Top-Level Domains cation, Workforce, and Income Security, GAO; and (gTLD). Testimony was heard from public witnesses. Mark Bird, IT Team Assistant Director, GAO. MISCELLANEOUS MEASURES PUTTING THE GULF OF MEXICO BACK TO Committee on Natural Resources: Subcommittee on Na- WORK ACT; AND RESTARTING AMERICAN tional Parks, Forests and Public Lands held a hearing OFFSHORE LEASING NOW ACT on the following: H.R. 241, to authorize the convey- Committee on Rules: The Committee granted, by a ance of certain National Forest System lands in the vote of 9 to 3, a structured rule for H.R. 1229. The Los Padres National Forest in California; H.R. 290, rule provides one hour of general debate equally di- War Memorial Protection Act; H.R. 320, Distin- vided and controlled by the chair and ranking mi- guished Flying Cross National Monument; H.R. nority member of the Committee on Natural Re- 441, Kantishna Hills Renewable Energy Act of sources. The rule waives all points of order against 2010; H.R. 643, Sugar Loaf Fire Protection District consideration of the bill. The rule provides that the Land Exchange Act; H.R. 686, Utah National Guard amendment recommended by the Committee on Readiness Act; H.R. 765, Ski Area Recreational Op- Natural Resources shall be considered as adopted. portunity Enhancement Act of 2011; H.R. 850, to The rule waives all points of order against provisions facilitate a proposed project in the Lower St. Croix in the bill, as amended. Wild and Scenic River, and for other purposes; H.R. The rule makes in order only those amendments 944, to eliminate an unused lighthouse reservation, to H.R. 1229 printed in Part A of the Rules Com- provide management consistency by incorporating mittee report accompanying the resolution. The rule the rocks and small islands along the coast of Or- provides that each such amendment may be offered ange County, California, into the California Coastal only in the order printed in the report, may be of- National Monument managed by the Bureau of Land fered only by a Member designated in the report, Management, and meet the original Congressional shall be considered as read, shall be debatable for the intent of preserving Orange County’s rocks and time specified in the report equally divided and con- small islands, and for other purposes; H.R. 1022; trolled by the proponent and an opponent, shall not Buffalo Soldiers in the National Parks Study Act; be subject to amendment, and shall not be subject and H.R. 1141, Rota Cultural and Natural Re- to a demand for division of the question in the sources Study Act. Testimony was heard from Rep. House or in the Committee of the Whole. The rule Hunter; Rep. Calvert; Rep. Bachmann; Rep. Camp- waives all points of order against the amendments bell; Rep. Polis; Rep. Jackie Speier; Stephen E. printed in Part A of the report. The rule provides Whitesell, Associate Director, Park Planning, Facili- one motion to recommit with or without instruc- ties, and Lands, National Park Service, Department tions. of the Interior; Mary Wagner, Associate Chief, Forest The rule further provides a structured rule for Service, Department of Agriculture; Ken Harycki, H.R. 1230. The rule provides one hour of general Mayor, Stillwater, Minnesota; David Beaudet, Mayor, debate equally divided and controlled by chair and Oak Park Heights, Minnesota; and public witnesses. ranking minority member of the Committee on Nat- ural Resources. The rule waives all points of order FEDERAL HYDROPOWER INVESTMENTS against consideration of the bill. The rule waives all Committee on Natural Resources: Subcommittee on points of order against provisions in the bill. Water and Power held a hearing entitled ‘‘Protecting The rule makes in order only those amendments Federal Hydropower Investments in the West: A to H.R. 1230 printed in Part B of the Rules Com- Stakeholder’s Perspective.’’ Testimony was heard mittee report accompanying the resolution. The rule from public witnesses. provides that each such amendment may be offered

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Committee on Energy and Natural Resources, to hold hear- be subject to amendment, and shall not be subject ings to examine a joint staff discussion draft pertaining to a demand for division of the question in the to cyber security of the bulk-power system and electric House or in the Committee of the Whole. The rule infrastructure and for other purposes, 9:30 a.m., SD–366. waives all points of order against the amendments Committee on Finance, Subcommittee on International printed in Part B of the report. The rule provides Trade, Customs, and Global Competitiveness, to hold one motion to recommit with or without instruc- hearings to examine enforcing America’s trade laws in the tions. face of customs fraud and duty evasion, 2 p.m., SD–215. Finally, the rule directs the Clerk to, in the en- Committee on Foreign Relations, to hold hearings to exam- grossment of H.R. 1229, add the text of H.R. 1230 ine assessing United States policy and its limits in Paki- as passed by the House as new matter at the end of stan, 10 a.m., SD–419. H.R. 1229. Committee on Health, Education, Labor, and Pensions, to hold hearings to examine improving health quality and Testimony for H.R. 1229 was heard from the fol- patient safety, 10 a.m., SD–430. lowing: Chairman Hastings of Washington; Rep. Committee on Homeland Security and Governmental Affairs, Markey; Rep. Holt; Rep. Hanabusa; and Rep. Jack- Ad Hoc Subcommittee on Disaster Recovery, to hold son Lee of Texas. Testimony for H.R. 1230 was hearings to examine understanding the power of social heard from the following: Chairman Hastings of media as a communication tool in the aftermath of disas- Washington; Rep. Markey; and Rep. Holt. ters, 10 a.m., SD–342. Committee on Indian Affairs, to hold an oversight hear- MISCELLANEOUS MEASURES ing to examine stolen identities, focusing on the impact Committee on Science, Space, and Technology: Full Com- of racist stereotypes on indigenous people, 2:15 p.m., mittee held a markup of H.R. 1425, Creating Jobs SD–628. Through Small Business Innovation Act of 2011. Committee on the Judiciary, business meeting to consider S. 350, to require restitution for victims of criminal vio- The bill was ordered reported, as amended. lations of the Federal Water Pollution Control Act, S. STIMULUS STATUS 623, to amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, dis- Committee on Transportation and Infrastructure: Full closures of discovery information in civil actions, and the Committee held a hearing on Stimulus Status: Two nominations of Bernice Bouie Donald, of Tennessee, to be Years and Counting. Testimony was heard from Cal- United States Circuit Judge for the Sixth Circuit, Henry vin L. Scovel III, Inspector General, Department of F. Floyd, of South Carolina, to be United States Circuit Transportation; Arthur A. Elkins, Jr., Inspector Gen- Judge for the Fourth Circuit, Kathleen M. Williams, to eral, EPA; Phillip Herr, GAO; David Trimble; be United States District Judge for the Southern District GAO; and Roy Kienitz, Undersecretary for Policy, of Florida, Nelva Gonzales Ramos, to be United States Department of Transportation. District Judge for the Southern District of Texas, Richard Brooke Jackson, to be United States District Judge for the District of Colorado, Sara Lynn Darrow, to be United Joint Meetings States District Judge for the Central District of Illinois, and Virginia A. Seitz, of the District of Columbia, and No joint committee meetings were held. Lisa O. Monaco, of the District of Columbia, both to be f an Assistant Attorney General, Denise Ellen O’Donnell, of New York, to be Director of the Bureau of Justice As- COMMITTEE MEETINGS FOR THURSDAY, sistance, and Donald B. Verrilli, Jr., of the District of MAY 5, 2011 Columbia, to be Solicitor General of the United States, (Committee meetings are open unless otherwise indicated) all of the Department of Justice, 10 a.m., SD–226. House Senate Committee on Agriculture, Subcommittee on Conserva- Committee on Armed Services, Subcommittee on Emerging tion, Energy, and Forestry, hearing to review the U.S. Threats and Capabilities, to receive a closed briefing on Forest Service’s proposed Forest Planning Rule, 9:30 a.m., Department of Defense plans and programs relating to 1300 Longworth. counterterrorism, counternarcotics, and building partner- Committee on Appropriations, Subcommittee on Financial ship capacity, 9:45 a.m., SVC–217. Services and Related Agencies, hearing on DC Courts and Committee on Banking, Housing, and Urban Affairs, to Court Services and Offender Supervision Agency FY 2012 hold hearings to examine legislative proposals in the Budget, 10 a.m., 2359 Rayburn.

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Subcommittee on Military Construction, Veterans Af- cial Space Transportation’s Fiscal Year 2012 Budget Re- fairs, and Related Agencies, hearing on Cemeterial Ex- quest, 10 a.m., 2318 Rayburn. penses—Army FY 2012 Budget, 1 p.m., H–140 Capitol. Committee on Small Business, Subcommittee on Economic Subcommittee on Military Construction, Veterans Af- Growth, Capital Access and Tax, hearing entitled ‘‘Profes- fairs, and Related Agencies, hearing on American Battle sional Services: Proposed Changes to the Small Business Monuments Commission FY 2012 Budget, 2 p.m., Size Standards.’’ 10 a.m., 2360 Rayburn. H–140 Capitol. Committee on Transportation and Infrastructure, Sub- Committee on Armed Services, Subcommittee on Seapower committee on Water Resources and Environment, hearing and Projection Forces, markup on H.R. 1540, to author- on EPA Mining Policies: Assault on Appalachian Jobs— ize appropriations for fiscal year 2012 for military activi- Part I, 10 a.m., 2165 Rayburn. ties of the Department of Defense and for military con- Committee on Veterans’ Affairs, Subcommittee on Eco- struction, to prescribe military personnel strengths for fis- nomic Opportunity, markup of H.R. 1383, Restoring GI cal year 2012, and for other purposes. 10:30 a.m., 2212 Bill Fairness Act of 2011; H.R. 802, to direct the Sec- Rayburn. retary of Veterans Affairs to establish a VetStar Award Subcommittee on Readiness, markup on H.R. 1540, to Program; H.R. 1657, to amend title 38, United States authorize appropriations for fiscal year 2012 for military Code, to revise the enforcement penalties for misrepresen- activities of the Department of Defense and for military tation of a business concern as a small business concern construction, to prescribe military personnel strengths for owned and controlled by veterans or as a small business fiscal year 2012, and for other purposes. Noon, 2118 Rayburn. concern owned and controlled by service-disabled vet- Committee on Education and the Workforce, Full Com- erans; and legislation regarding the Five year extension of mittee, hearing on Policies and Priorities of the U.S. De- Housing Grant Authority under Section 2102A of Title partment of Health and Human Services, 10 a.m., 2175 38; and H.R. 1671, Andrew Connolly Veterans’ Housing Rayburn. Act. 10 a.m., 334 Cannon. Committee on Energy and Commerce, Subcommittee on En- Subcommittee on Disability Assistance and Memorial ergy and Power, hearing on The American Energy Initia- Affairs, markup of H.R. 1407, the Veterans’ Compensa- tive, 9:30 a.m., 2322 Rayburn. tion Cost-of-Living Adjustment Act of 2011; H.R. 1484, Subcommittee on Health, hearing entitled ‘‘The Need the Veterans Appeals Improvement Act of 2011; and to Move Beyond the SGR.’’ 10 a.m., 2123 Rayburn. H.R. 1627, to amend title 38, United States Code, to Committee on Foreign Affairs, Subcommittee on Europe provide for certain requirements for the placement of and Eurasia, hearing on Overview of Security Issues in monuments in Arlington National Cemetery, and for Europe and Eurasia, 2:30 p.m., 2200 Rayburn. other purposes. 1:30 p.m., 334 Cannon. Subcommittee on the Middle East and South Asia, Committee on Ways and Means, Subcommittee on Over- hearing on Shifting Sands: Political Transitions in the sight, hearing on transparency and funding of State and Middle East, Part 2, 2 p.m., 2172 Rayburn. local defined benefit pension plans, 9:30 a.m., 1100 Committee on the Judiciary, Subcommittee on Intellectual Longworth. Property, Competition and the Internet, hearing on En- House Permanent Select Committee on Intelligence, Full suring Competition on the Internet: Net Neutrality and Committee, hearing on Military Intelligence Program and Antitrust, 10 a.m., 2141 Rayburn. General Defense Intelligence Program FY2012 Budget Committee on Science, Space, and Technology, Subcommittee Overview, 2:30 p.m., HVC–304. This is a Closed hear- on Space and Aeronautics, hearing on Office of Commer- ing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, May 5 9 a.m., Thursday, May 5

Senate Chamber House Chamber Program for Thursday: Senate will be in a period of Program for Thursday: Consideration of H.R. 1230— morning business until 5 p.m. Restarting American Offshore Leasing Now Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Foxx, Virginia, N.C., E804 Rahall, Nick J., II, W.Va., E802, E806 Graves, Sam, Mo., E801 Rangel, Charles B., N.Y., E805 Blumenauer, Earl, Ore., E802 Hastings, Alcee L., Fla., E802, E807 Richardson, Laura, Calif., E807 Burgess, Michael C., Tex., E801 Kildee, Dale E., Mich., E805 Schakowsky, Janice D., Ill., E801, E803, E804 Burton, Dan, Ind., E804 Larson, John B., Conn., E805 Scott, David, Ga., E801 Davis, Danny K., Ill., E803 Levin, Sander M., Mich., E804 Sessions, Pete, Tex., E801 Davis, Geoff, Ky., E802 McCotter, Thaddeus G., Mich., E804, E806 Thompson, Bennie G., Miss., E807 Eshoo, Anna G., Calif., E805 Owens, William L., N.Y., E802 Van Hollen, Chris, Md., E803

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