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

Vol. 157 WASHINGTON, MONDAY, OCTOBER 3, 2011 No. 146 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE RECOGNIZING FILMMAKER KEN called to order by the Speaker. The SPEAKER. Will the gentleman BURNS f from South Carolina (Mr. WILSON) (Mr. BLUMENAUER asked and was PRAYER come forward and lead the House in the given permission to address the House for 1 minute.) The Chaplain, the Reverend Patrick Pledge of Allegiance. Mr. WILSON of South Carolina led Mr. BLUMENAUER. Mr. Speaker, for J. Conroy, offered the following prayer: two decades documentary filmmaker Loving God, we give You thanks for the Pledge of Allegiance as follows: Ken Burns has been helping America giving us another day. I pledge allegiance to the Flag of the We ask today that You bless the United States of America, and to the Repub- understand who we are. Tonight, in the Members of this assembly to be the lic for which it stands, one nation under God, Visitors Center, there is a 5 o’clock re- best and most faithful servants of the indivisible, with liberty and justice for all. ception and a 5:30 special screening of people they serve. Purify their inten- his new documentary on prohibition. tions, that they will speak the truth f He’s had amazing productions dealing about what they believe and work to with the Civil War, baseball, jazz, the legislate responsibly, realizing that VICE PRESIDENT BIDEN IS RIGHT: national parks, but this, I think, is others are doing the same and that be- DEMOCRATS OWN THIS ECONOMY going to be perhaps his best. liefs do differ. Based on what I saw last night, noth- (Mr. WILSON of South Carolina ing is more timely, more profound for Therefore, we ask a special blessing asked and was given permission to ad- of patience, an ability to listen, and a the challenges that we face today. And dress the House for 1 minute and to re- I can’t wait for the next two episodes shared desire to bring hope to the vise and extend his remarks.) American people, their constituents, that will be aired tonight at 8 p.m. and Mr. WILSON of South Carolina. Mr. again tomorrow. through a united effort to pass legisla- Speaker, during a radio interview last tion that will help all in this Nation Thank you, Mr. Burns. Thank you, week, Vice President JOE BIDEN ac- PBS. Thanks to previous Congresses during these difficult times. knowledged the current administration May the Members be filled with grat- for support and the ‘‘pre-funding’’ that has responsibility for the economy. allows long-term projects like this. itude at the opportunity they have to The Vice President stated, ‘‘Right now, serve in this people’s House. We thank Here is another example of the unique we are the ones in charge. I don’t and critical role played by public You for the abilities they have been blame them for being mad. We’re in given to do their work. May they use broadcasting, and Congress should charge, so they’re angry.’’ I agree with make sure that it continues. their talents as good stewards of Your the Vice President. f many gifts and thereby be true serv- While the national unemployment ants of justice and partners in peace. rate continues to remain above 9 per- SOLYNDRA We thank You as well for this mar- cent, this administration continues the velous forum where the important (Mr. BURGESS asked and was given failed policies of borrow and spend. It business of this Nation has been done permission to address the House for 1 is a failed course. in the past and is done today. May the minute and to revise and extend his re- Last week, I met with constituents work being done now be guided by Your marks.) across the Second Congressional Dis- Spirit. Mr. BURGESS. Mr. Speaker, just be- May all that is done this day in the trict of South Carolina during the an- fore we left last week, two executives people’s House be for Your greater nual District Bus Tour, and without from a company called Solyndra came honor and glory. complaining, they urged: reduce spend- before the Energy and Commerce Com- Amen. ing, cut taxes, create jobs. mittee voluntarily, but ultimately did House Republicans have introduced not testify, invoking their Fifth f numerous jobs bills designed to encour- Amendment rights. THE JOURNAL age hiring and long-term economic Most Americans by now are becom- The SPEAKER. The Chair has exam- growth. Now is the time for liberals ing aware of the Solyndra story, a com- ined the Journal of the last day’s pro- and the President to change course. pany that was initially denied a loan ceedings and announces to the House They own it. guarantee in the last days of the Bush his approval thereof. In conclusion, God bless our troops, administration but was hastily added Pursuant to clause 1, rule I, the Jour- and we will never forget September the to a list of projects that were covered nal stands approved. 11th in the global war on terrorism. by what was called the stimulus bill in

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.

H6469

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VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6470 CONGRESSIONAL RECORD — HOUSE October 3, 2011 February of 2009. In a rush to get the thereto, and to consider in the House, (c) REVERSIONARY INTEREST.—The lands con- money out the door—ahead of a photo without intervention of any point of veyed to the State of Utah under subsection (a) op with the Vice President—apparently order, a motion offered by the chair of shall revert to the United States if the Secretary mistakes were made, and in the early the Committee on Appropriations or of Defense determines that the land, or any por- tion thereof, is sold or attempted to be sold, or days of September of this year his designee that the House concur in that the land, or any portion thereof, is used for Solyndra filed bankruptcy. This is a the Senate amendment to the House non-National Guard or non-national defense story that is yet to be completely un- amendment to the Senate amendment; purposes. derstood. But, Mr. Speaker, here’s the that the Senate amendment be consid- (d) HAZARDOUS MATERIALS.—With respect to important part: ered as read; that the motion be debat- any portion of the land conveyed under sub- For almost 6 months’ time, between able for 1 hour equally divided and con- section (a) that the Secretary of Defense deter- February and July, the Committee on trolled by the chair and ranking minor- mines is subject to reversion under subsection Energy and Commerce sought, unsuc- ity member of the Committee on Ap- (c), if the Secretary of Defense also determines that the portion of the conveyed land contains cessfully, to have records delivered to propriations; and that the previous hazardous materials, the State of Utah shall it from the Office of Management and question be considered as ordered on pay the United States an amount equal to the Budget and the Department of Energy. the motion to its adoption without in- fair market value of that portion of the land, It should not take a subpoena from a tervening motion. and the reversionary interest shall not apply to congressional committee for branches The SPEAKER pro tempore. Is there that portion of the land. of the executive branch to supply us objection to the original request of the The SPEAKER pro tempore. Pursu- those documents. When we have ques- gentleman from Utah? ant to the rule, the gentleman from tions, they need to respond. When we There was no objection. Utah (Mr. BISHOP) and the gentleman ask for information, they need to f from the Northern Mariana Islands produce. And certainly, when we have a (Mr. SABLAN) each will control 20 min- hearing, they need to attend. ANNOUNCEMENT BY THE SPEAKER utes. It’s time for the Secretary of Energy PRO TEMPORE The Chair recognizes the gentleman to come before our committee, explain The SPEAKER pro tempore. Pursu- from Utah. what he knew about this process, and ant to clause 8 of rule XX, the Chair GENERAL LEAVE clear the air once and for all for the will postpone further proceedings Mr. BISHOP of Utah. Mr. Speaker, I American people. today on motions to suspend the rules ask unanimous consent that all Mem- f on which a recorded vote or the yeas bers may have 5 legislative days to re- and nays are ordered, or on which the ANNOUNCEMENT BY THE SPEAKER vise and extend their remarks and in- vote incurs objection under clause 6 of PRO TEMPORE clude extraneous material on the bill rule XX. under consideration. The SPEAKER pro tempore (Mr. Record votes on postponed questions The SPEAKER pro tempore. Is there HARRIS). Pursuant to clause 4 of rule I, will be taken after 6:30 p.m. today. objection to the request of the gen- the following enrolled bills were signed f tleman from Utah? by Speaker pro tempore HARRIS on There was no objection. Thursday, September 29, 2011: UTAH NATIONAL GUARD Mr. BISHOP of Utah. Mr. Speaker, H.R. 2005, to reauthorize the Com- READINESS ACT H.R. 686 is a bill I sponsored. It is a bi- bating Autism Act of 2006; Mr. BISHOP of Utah. Mr. Speaker, I partisan bill, and it has the sponsor- H.R. 2017, making continuing appro- move to suspend the rules and pass the ship of all of the members of the Utah priations for fiscal year 2012, and for bill (H.R. 686) to require the convey- delegation, Republican and Democrat, other purposes. ance of certain public land within the and directs the Secretary of the Inte- f boundaries of Camp Williams, Utah, to rior through the BLM to convey to the RECESS support the training and readiness of State of Utah lands that have been the Utah National Guard, as amended. withdrawn for military use by the Utah The SPEAKER pro tempore. Pursu- The Clerk read the title of the bill. National Guard and known as Camp ant to clause 12(a) of rule I, the Chair The text of the bill is as follows: Williams in Utah. declares the House in recess until ap- H.R. 686 The National Guard has had this fa- proximately 4 p.m. today. cility and trained at Camp Williams Accordingly (at 2 o’clock and 8 min- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in since 1912. The 420 acres proposed for utes p.m.), the House stood in recess Congress assembled, conveyance is located within the until approximately 4 p.m. SECTION 1. SHORT TITLE. boundaries of Camp Williams and has f This Act may be cited as the ‘‘Utah National already been withdrawn for military b 1600 Guard Readiness Act’’. use by the National Guard. SEC. 2. LAND CONVEYANCE, CAMP WILLIAMS, The transfer will simply open up AFTER RECESS UTAH. property that is along one of the major The recess having expired, the House (a) CONVEYANCE REQUIRED.—Not later than corridors there to help support the 120 days after the date of the enactment of this was called to order by the Speaker pro Act, the Secretary of the Interior, acting military use of this camp. For obvious tempore (Mr. HARRIS) at 4 p.m. through the Bureau of Land Management, shall reasons, placing the land in the owner- f convey, without consideration, to the State of ship of the State will allow the State Utah all right, title, and interest of the United to bond for other facilities that need to MAKING IN ORDER CONSIDER- States in and to certain lands comprising ap- be built there. The State of Utah will ATION OF SENATE AMENDMENT proximately 420 acres, as generally depicted on not bond for building facilities on land TO HOUSE AMENDMENT TO SEN- a map entitled ‘‘Proposed Camp Williams Land it does not own. So the transfer of title ATE AMENDMENT TO H.R. 2608, Transfer’’ and dated June 14, 2011, which are to those lands also expedites the build- located within the boundaries of the public CONTINUING APPROPRIATIONS ing and expansion of Camp Williams ACT, 2012 lands currently withdrawn for military use by the Utah National Guard and known as Camp and the training facilities to improve Mr. BISHOP of Utah. Mr. Speaker, I Williams, Utah, for the purpose of permitting the readiness of the Utah National ask unanimous consent that it be in the Utah National Guard to use the conveyed Guard. order to take from the Speaker’s table land as provided in subsection (c). This conveyance without consider- the bill (H.R. 2608) to provide for an ad- (b) SUPERSEDENCE OF EXECUTIVE ORDER.—Ex- ation is consistent with other bills in ditional temporary extension of pro- ecutive Order No. 1922 of April 24, 1914, as which you are doing government to grams under the Small Business Act amended by section 907 of the Camp W.G. Wil- government conveyances. The bill in- liams Land Exchange Act of 1989 (title IX of and the Small Business Investment Act Public Law 101–628; 104 Stat. 4501), is hereby su- cludes a provision directing the land of 1958, and for other purposes, with the perseded, only insofar as it affects the lands revert to Federal ownership if this Senate amendment to the House identified for conveyance to the State of Utah property is not used for National Guard amendment to the Senate amendment under subsection (a). or national defense purposes.

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6471 So the bill was passed by the House area and allows the State of Utah to bond for (3) by redesignating subsections (c) and (d) by a voice vote last Congress. The ad- future Guard facilities. Transfer of title to these as subsections (d) and (e), respectively; ministration supports this bill. It was lands expedites the building and expansion of (4) by inserting after subsection (b) the fol- requested by the Utah National Guard. Camp Williams training facilities and would im- lowing: As I said, it is cosponsored by the en- prove the readiness of the Utah National ‘‘(c) OTHER RECREATIONAL USES.— tire Utah delegation. Guard. Additionally, the bill includes a provi- ‘‘(1) AUTHORITY OF SECRETARY.—Subject to I urge its adoption, and I reserve the sion directing that the land revert to federal the terms of a ski area permit issued pursu- ant to subsection (b), the Secretary may au- balance of my time. ownership if it stops being used for National Mr. SABLAN. Mr. Speaker, I yield thorize a ski area permittee to provide such Guard or national defense purposes. other seasonal or year-round natural re- myself such time as I may consume. The SPEAKER pro tempore. The source-based recreational activities and as- (Mr. SABLAN asked and was given question is on the motion offered by sociated facilities (in addition to skiing and permission to revise and extend his re- the gentleman from Utah (Mr. BISHOP) other snow-sports) on National Forest Sys- marks.) that the House suspend the rules and tem land subject to a ski area permit as the Mr. SABLAN. Mr. Speaker, H.R. 686 pass the bill, H.R. 686, as amended. Secretary determines to be appropriate. will transfer a parcel of Federal land to The question was taken. ‘‘(2) REQUIREMENTS.—Each activity and fa- the State of Utah for use as part of a The SPEAKER pro tempore. In the cility authorized by the Secretary under paragraph (1) shall— Utah National Guard facility. The bill opinion of the Chair, two-thirds being specifies that the land would return to ‘‘(A) encourage outdoor recreation and en- in the affirmative, the ayes have it. joyment of nature; Federal ownership if it is no longer Mr. BISHOP of Utah. Mr. Speaker, on ‘‘(B) to the extent practicable— needed for national defense purposes. that I demand the yeas and nays. ‘‘(i) harmonize with the natural environ- This legislation passed the House The yeas and nays were ordered. ment of the National Forest System land on under Democratic leadership in both The SPEAKER pro tempore. Pursu- which the activity or facility is located; and the 110th and 111th Congresses, and we ant to clause 8 of rule XX, further pro- ‘‘(ii) be located within the developed por- support its passage again today. ceedings on this question will be post- tions of the ski area; ‘‘(C) be subject to such terms and condi- I yield back the balance of my time. poned. Mr. BISHOP of Utah. I have no re- tions as the Secretary determines to be ap- f quests for time, and I yield back the propriate; and SKI AREA RECREATIONAL OPPOR- ‘‘(D) be authorized in accordance with— balance of my time. ‘‘(i) the applicable land and resource man- Ms. JACKSON LEE of Texas. Mr. Speaker, TUNITY ENHANCEMENT ACT OF agement plan; and I rise today to discuss H.R. 686, ‘‘Utah Na- 2011 ‘‘(ii) applicable laws (including regula- tional Guard Readiness Act.’’ The bill requires Mr. BISHOP of Utah. Mr. Speaker, I tions). the conveyance of certain public land within move to suspend the rules and pass the ‘‘(3) INCLUSIONS.—Activities and facilities the boundaries of Camp Williams, Utah, to bill (H.R. 765) to amend the National that may, in appropriate circumstances, be authorized under paragraph (1) include— support the training and readiness of the Utah Forest Ski Area Permit Act of 1986 to National Guard. ‘‘(A) zip lines; clarify the authority of the Secretary ‘‘(B) mountain bike terrain parks and Our National Guard and in some instances of Agriculture regarding additional trails; combat soldiers of tomorrow must have ac- recreational uses of National Forest ‘‘(C) frisbee golf courses; and cess to training. Our troops must receive the System land that is subject to ski area ‘‘(D) ropes courses. training they need prior to being deployed in permits, and for other purposes. ‘‘(4) EXCLUSIONS.—Activities and facilities combat zones. By allocating parcels of land The Clerk read the title of the bill. that are prohibited under paragraph (1) in- for that purpose helps to ensure our nation’s The text of the bill is as follows: clude— ‘‘(A) tennis courts; security. Camp Williams, located 26 miles H.R. 765 south of Salt Lake City, is a professional train- ‘‘(B) water slides and water parks; Be it enacted by the Senate and House of Rep- ‘‘(C) swimming pools; ing environment operated by the Utah Army resentatives of the United States of America in ‘‘(D) golf courses; and National Guard. The Utah Training Center Congress assembled, ‘‘(E) amusement parks. consists of 24,000 acres of combat areas re- SECTION 1. SHORT TITLE. ‘‘(5) LIMITATION.—The Secretary may not sembling the same types of environments en- This Act may be cited as the ‘‘Ski Area authorize any activity or facility under para- countered by those currently serving in Iraq Recreational Opportunity Enhancement Act graph (1) if the Secretary determines that and Afghanistan. Those facilities include small of 2011’’. the authorization of the activity or facility arms weapons firing ranges, artillery firing SEC. 2. PURPOSE. would result in the primary recreational pur- pose of the ski area permit to be a purpose points, demolition, grenade and crew served The purpose of this Act is to amend the other than skiing and other snow-sports. weapon ranges. National Forest Ski Area Permit Act of 1986 ‘‘(6) BOUNDARY DETERMINATION.—In deter- (16 U.S.C. 497b)— This parcel of land will allow for specialized mining the acreage encompassed by a ski (1) to enable snow-sports (other than nor- winter, desert, mountain, and amphibious area permit under subsection (b)(3), the Sec- dic and alpine skiing) to be permitted on Na- training. Urban environments include the Mac retary shall not consider the acreage nec- tional Forest System land subject to ski essary for activities and facilities authorized MOUT Shoot-house, dismounted/mounted ma- area permits issued by the Secretary of Agri- under paragraph (1). neuver areas and the recently opened FOB. culture under section 3 of the National For- ‘‘(7) EFFECT ON EXISTING AUTHORIZED AC- Leadership and individual training is enhanced est Ski Area Permit Act of 1986 (16 U.S.C. TIVITIES AND FACILITIES.—Nothing in this by utilizing the rappel tower, leadership reac- 497b); and subsection affects any activity or facility tion course and Afghan Village. This facility (2) to clarify the authority of the Sec- authorized by a ski area permit in effect on retary of Agriculture to permit appropriate seems to be well equipped for training the the date of enactment of this subsection dur- additional seasonal or year-round rec- Utah National Guard. ing the term of the permit.’’; reational activities and facilities on Na- The Utah National Guard has possessed fa- (5) by striking subsection (d) (as redesig- tional Forest System land subject to ski nated by paragraph (3)), and inserting the cilities and trained at Camp Williams since area permits issued by the Secretary of Agri- following: 1912. H.R. 686 would convey 420 acres of culture under section 3 of the National For- land within the boundaries of Camp Williams, est Ski Area Permit Act of 1986 (16 U.S.C. ‘‘(d) REGULATIONS.—Not later than 2 years without consideration. The acreage proposed 497b). after the date of enactment of this sub- for conveyance is already withdrawn for mili- SEC. 3. SKI AREA PERMITS. section, the Secretary shall promulgate reg- tary use by the Guard. This land transfer will Section 3 of the National Forest Ski Area ulations to implement this section.’’; and open access to property along a major trans- Permit Act of 1986 (16 U.S.C. 497b) is amend- (6) in subsection (e) (as redesignated by portation corridor with all the utilities and serv- ed— paragraph (3)), by striking ‘‘the National En- ices necessary to support expanded military (1) in subsection (a), by striking ‘‘nordic vironmental Policy Act, or the Forest and use. The Utah National Guard already owns and alpine ski areas and facilities’’ and in- Rangelands Renewable Resources Planning serting ‘‘ski areas and associated facilities’’; Act as amended by the National Forest Man- and operates several buildings, an air traffic (2) in subsection (b), in the matter pre- agement Act’’ and inserting ‘‘the National control tower and a tactical airfield on portions ceding paragraph (1), by striking ‘‘nordic and Environmental Policy Act of 1969 (42 U.S.C. of this property. Placing the land in the State’s alpine skiing operations and purposes’’ and 4321 et seq.) and the Forest and Rangeland name for use by the National Guard consoli- inserting ‘‘skiing and other snow sports and Renewable Resources Planning Act of 1974 dates ownership patterns in the headquarters recreational uses authorized by this Act’’; (16 U.S.C. 1600 et seq.)’’.

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6472 CONGRESSIONAL RECORD — HOUSE October 3, 2011 SEC. 4. EFFECT. HOUSE OF REPRESENTATIVES, I urge the adoption of the measure, Nothing in the amendments made by this COMMITTEE ON AGRICULTURE, and I reserve the balance of my time. Act establishes a legal preference for the Washington, DC, July 21, 2011. Mr. SABLAN. Mr. Speaker, I yield holder of a ski area permit to provide activi- Hon. DOC HASTINGS, myself such time as I may consume. ties and associated facilities authorized by Chairman, Committee on Natural Resources, (Mr. SABLAN asked and was given section 3(c) of the National Forest Ski Area Washington, DC. Permit Act of 1986 (16 U.S.C. 497b(c)) (as DEAR CHAIRMAN HASTINGS: I am writing to permission to revise and extend his re- amended by section 3). you regarding H.R. 765, the Ski Recreational marks.) The SPEAKER pro tempore. Pursu- Opportunity Enhancement Act of 2011 which Mr. SABLAN. Mr. Speaker, the law amends the National Forest Ski Area Permit governing the use of Forest Service ant to the rule, the gentleman from Act of 1986 to allow Forest Service permits Utah (Mr. BISHOP) and the gentleman lands for ski resorts has not kept pace to include year-round recreational use of ski with the development of year-round ac- from the Northern Mariana Islands areas. The bill also amends the Act to allow (Mr. SABLAN) each will control 20 min- for snowboarding and other snow sports on tivities at many of these sites. New utes. Forest Service lands, in addition to ski ac- legislation is needed to authorize ac- The Chair recognizes the gentleman tivities already permitted. tivities such as rock climbing, moun- from Utah. H.R. 765 has been referred to the Com- tain biking and other offseason rec- mittee on Agriculture, in addition to the reational activities. GENERAL LEAVE Committee on Natural Resources. On June H.R. 765 will authorize the Forest Mr. BISHOP of Utah. Mr. Speaker, I 15, 2011, H.R. 765 was reported out of the Service to permit certain nonsnow ask unanimous consent that all Mem- House Natural Resources Committee by sports identified in the bill while spe- bers may have 5 legislative days to re- unanimous consent. cifically prohibiting things like tennis vise and extend their remarks and in- It is my understanding that the Committee on Natural Resources wishes to consider this courts, swimming pools, and golf clude extraneous material on the bill important piece of legislation expeditiously. courses. The legislation will provide under consideration. Therefore, I will agree to discharge H.R. 765 The SPEAKER pro tempore. Is there this expanded authority while ensuring from further consideration by the Com- that only activities which encourage objection to the request of the gen- mittee on Agriculture. I do so with the un- tleman from Utah? derstanding that this action in no way outdoor recreation and harmonize with There was no objection. waives the Committee on Agriculture’s juris- the environment are permitted. Mr. BISHOP of Utah. Mr. Speaker, I dictional interests in the subject matter of Our colleague, Representative yield myself such time as I may con- the legislation nor serves as a precedent for DEGETTE of Colorado, sponsored this sume. future referrals. Furthermore, in the event a legislation in the previous Congress House-Senate conference is requested on this and successfully guided the bill to ap- H.R. 765 amends the National Forest matter, the Committee on Agriculture re- Ski Area Permit Act of 1986 to author- proval by the House. This is important serves the right to seek the appointment of legislation that will create jobs, and ize the Secretary of Agriculture to per- conferees. mit seasonal and year-round natural I ask that you insert a copy of our ex- she is to be commended for her leader- resource-based recreational activities change of letters into the Congressional ship on this bill. that are associated with those facili- Record during consideration of this measure We support H.R. 765. on the House floor. I have no requests for time, and I ties on the National Forest ski areas. Thank you for your courtesy in this mat- Current law does not address any ac- yield back the balance of my time. ter and I look forward to continued coopera- Mr. BISHOP of Utah. Mr. Speaker, as tivities other than winter-related Nor- tion between the Committee on Natural Re- dic and alpine skiing, snow sports, and sources and the Committee on Agriculture as has been mentioned by the gentleman, their ancillary facilities at ski areas on we deal with forestry issues in the future. this is a bipartisan bill. I urge its adop- Forest Service land. Congress needs to Sincerely, tion. It’s a very good bill. pass this act to allow new activities FRANK D. LUCAS, I have no requests for time, and I such as climbing walls, mountain Chairman. yield back the balance of my time. Ms. DEGETTE. Mr. Speaker, it gives me biking, alpine slides, and zip-lines to be HOUSE OF REPRESENTATIVES, able to be used. great pleasure to bring this bill to the floor COMMITTEE ON NATURAL RESOURCES, today. In my home state of Colorado, outdoor The additional seasonal and year- Washington, DC, September 28, 2011. round recreation authorized by this bill Hon. FRANK LUCAS, activities such as skiing, snowboarding, moun- would allow the private sector to cre- Chairman, Committee on Agriculture, tain biking, and hiking are part of our everyday ate year-round jobs, expand their Washington, DC. lives. These activities often occur in our fan- wholesome outdoor recreational oppor- DEAR MR. CHAIRMAN: Thank you for your tastic ski areas—many of which are located on letter regarding H.R. 765, the Ski Area Rec- public lands. tunities for American families and for reational Opportunity Enhancement Act of visitors from overseas. The Ski Area Recreational Opportunity En- 2011. As you know, the Committee on Nat- hancement Act of 2011 clarifies the authority Facilities authorized by this bill will ural Resources ordered reported the bill by have to be in harmony with the natural unanimous consent on June 15, 2011. I recog- of the Forest Service to permit appropriate environment. Furthermore, the legisla- nize and appreciate your desire to bring this summer or year-round activities for ski areas. tion does not waive such laws as the legislation before the House of Representa- My bill will expand access to outdoor recre- Endangered Species Act or the Na- tives in an expeditious manner, and accord- ation, providing more opportunities for families tional Environmental Policy Act to ingly, understand that the Committee on Ag- to spend time outdoors. In the 2010/2011 ski riculture will forego action on the bill. allow for these activities to take place. season, there were over 60 million skier/ The Committee on Natural Resources con- snowboarder visits to American ski areas with So the ski areas on the Forest Service curs with the mutual understanding that by lands are already themselves classified foregoing consideration of H.R. 765 at this nearly 21 million visits in the Rocky Mountain as developed sites. So these new activi- time, the Committee on Agriculture does not region. Providing summer recreation opportu- ties will be in keeping with the in- waive any jurisdiction over the subject mat- nities at already developed ski areas means tended use of these areas. ter contained in this or similar legislation. winter guests will be more likely to return to Your committee will be appropriately con- their favorite spots at other times of the year. b 1610 sulted and involved as the bill or similar leg- It will also provide substantial benefits to our Finally, I would also like to thank islation moves forward. In addition, should a local economies, and help create stable, year- conference on the bill be necessary, I would Chairman LUCAS of the Committee on support your request to have the Committee round jobs in the thirteen states that are cur- Agriculture for assisting us in bringing on Agriculture represented on the conference rently home to ski resorts on public land. The this bill to the floor today. His co- committee, as you are the primary com- Outdoor Industry Association estimates active operation on this and other issues mittee of jurisdiction. Finally, I would be outdoor recreation, including activities at ski shared with the Committee on Natural pleased to include your letter and this re- areas, contributes $730 billion to the U.S. Resources is very much appreciated. sponse in the Congressional Record during economy annually. To support this understanding, I am floor consideration, to memorialize our un- Furthermore, the act makes a common- derstanding. including in the RECORD an exchange of Thank you for your consideration. sense change to the Ski Area Permit Act by letters between Chairman LUCAS and Sincerely, expanding permitted activities to include snow Chairman DOC HASTINGS regarding this DOC HASTINGS, sports such as snowboarding. Snowboarding particular bill. Chairman. now accounts for roughly 1/3 of all ski area

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6473 visits, and the law should reflect the reality of changes in a forest. Fire, storms, insects and (B) grazing; current winter activities. disease, for example, can alter the way a for- (C) wildland fire; I am proud to bring this bill to the floor today est is managed. (D) public conduct; with broad bi-partisan support. We have (E) commercial activities that are not part H.R. 765, ‘‘The Ski Area Recreational Op- of the Cragin Project; worked closely with the Forest Service to de- portunity Enhancement Act of 2011,’’ provides (F) cultural resources; velop a piece of legislation that is amenable to for the issuance of permits for the use and oc- (G) invasive species; all affected parties, and I urge my colleagues cupancy of suitable lands within the National (H) timber and hazardous fuels; to support this sensible piece of legislation. Forest System for skiing and other snow (I) travel; Ms. JACKSON LEE of Texas. Mr. Speaker, sports and recreational uses, highlighting the (J) law enforcement; and I rise today in support of H.R. 765, ‘‘The Ski climate and recreational opportunities unique (K) roads and trails. Area Recreational Opportunity Enhancement to specific regions of the nation. Since our na- (5) LINEAR CORRIDOR.—The term ‘‘linear corridor’’ means a corridor of land com- Act of 2011,’’ which amends the National For- tion’s founding, we have marveled with im- est Ski Area Permit Act of 1986 to require the prising approximately 262 acres— mense pride at our vast natural resources, (A) the width of which is approximately 200 term and acreage of permits for the operation and this legislation serves to celebrate them. feet; of ski areas and associated facilities on Na- The SPEAKER pro tempore. The (B) the length of which is approximately tional Forest System lands to be governed by question is on the motion offered by 11.5 miles; provisions under the Act relating to such per- the gentleman from Utah (Mr. BISHOP) (C) of which approximately 0.7 miles con- mits and other applicable law. Furthermore, that the House suspend the rules and sists of an underground tunnel; and this legislation provides for the issuance of pass the bill, H.R. 765. (D) that is generally depicted on the Map. permits for the use and occupancy of suitable The question was taken. (6) MAP.—The term ‘‘Map’’ means sheets 1 lands within the National Forest System for and 2 of the maps entitled ‘‘C.C. Cragin The SPEAKER pro tempore. In the Project Withdrawal’’ and dated June 17, 2008. skiing and other snow sports and recreational opinion of the Chair, two-thirds being (7) SECRETARY.—The term ‘‘Secretary’’ uses authorized pursuant to this Act. in the affirmative, the ayes have it. means the Secretary of Agriculture, acting The Ski Area Recreational Opportunity En- Mr. BISHOP of Utah. Mr. Speaker, on through the Chief of the Forest Service. hancement Act provides the American public that I demand the yeas and nays. (b) WITHDRAWAL OF COVERED LAND.—Sub- with added ways to use and enjoy federally The yeas and nays were ordered. ject to valid existing rights, the covered land governed land. It is in a spirit of encouraging The SPEAKER pro tempore. Pursu- is permanently withdrawn from all forms increased camaraderie, outdoor recreation and ant to clause 8 of rule XX, further pro- of— enjoyment of nature that I support providing ceedings on this question will be post- (1) entry, appropriation, or disposal under an expanded opportunity for Americans to poned. the public land laws; benefit from the natural resources in their own (2) location, entry, and patent under the back yard. It is the responsibility of all Mem- f mining laws; and (3) disposition under all laws pertaining to bers of Congress to fulfill our moral obligation CLARIFYING INTERIOR DEPART- mineral and geothermal leasing or mineral to promote harmony between Americans and MENT JURISDICTION REGARDING materials. the vast opportunities for outdoor recreation CRAGIN PROJECT (c) MAP.— throughout the country. Additionally, this legis- Mr. BISHOP of Utah. Mr. Speaker, I (1) IN GENERAL.—As soon as practicable lation serves to create revenue by allowing for move to suspend the rules and pass the after the date of enactment of this Act, the additional permits, bolstering ski and winter bill (H.R. 489) to clarify the jurisdiction Secretary of the Interior, in coordination recreation industries. of the Secretary of the Interior with with the Secretary, shall prepare a map and In the State of Texas, we have nearly legal description of the covered land. respect to the C.C. Cragin Dam and 675,000 acres of public land that the U.S. For- (2) FORCE AND EFFECT.—The map and legal Reservoir, and for other purposes. est Service manages. This land is divided into description prepared under paragraph (1) The Clerk read the title of the bill. four National Forests in east Texas and the shall have the same force and effect as if in- The text of the bill is as follows: cluded in this Act, except that the Secretary National Grasslands in northeast Texas. Of H.R. 489 of the Interior may correct clerical and typo- the four National Forests, the 18th district is graphical errors. Be it enacted by the Senate and House of Rep- home to the Sam Houston National Forest. (3) AVAILABILITY.—The map and legal de- resentatives of the United States of America in The Sam Houston National Forest consists of scription prepared under paragraph (1) shall Congress assembled, 161,508 acres with 47,609 acres in Mont- be on file and available for public inspection gomery County, 59,746 acres in San Jacinto SECTION 1. LAND WITHDRAWAL AND RESERVA- in the appropriate offices of the Forest Serv- TION FOR CRAGIN PROJECT. ice and Bureau of Reclamation. County, and 54,153 acres in Walker County. (a) DEFINITIONS.—In this section: The national forests in Texas were established (1) COVERED LAND.—The term ‘‘covered (d) JURISDICTION AND DUTIES.— by an act of the Texas legislature in 1933 that land’’ means the parcel of land consisting of (1) JURISDICTION OF THE SECRETARY OF THE authorized the purchase of lands for the na- approximately 512 acres, as generally de- INTERIOR.— tional forest system. These lands are operated picted on the Map, that consists of— (A) IN GENERAL.—Except as provided in (A) approximately 300 feet of the crest of subsection (e), the Secretary of the Interior, under a Memorandum of Agreement with the acting through the Commissioner of Rec- U.S. Forest Service. Fishing, trapping, and the Cragin Dam and associated spillway; (B) the reservoir pool of the Cragin Dam lamation, shall have exclusive administra- public hunting of white-tailed deer, feral hog, that consists of approximately 250 acres de- tive jurisdiction to manage the Cragin waterfowl, dove, other migratory game birds, fined by the high water mark; and Project in accordance with this Act and sec- squirrel, quail, rabbits, hares, predators, (C) the linear corridor. tion 213(i) of the Arizona Water Settlements furbearers, and frogs is permitted. Other out- (2) CRAGIN PROJECT.—The term ‘‘Cragin Act (Public Law 108–451; 118 Stat. 3533) on the door recreation opportunities include camping, Project’’ means— covered land. hiking, bicycling, and wildlife viewing. (A) the Cragin Dam and associated spill- (B) INCLUSION.—Notwithstanding sub- section (e), the jurisdiction under subpara- In 1960, the Multiple Use-Sustained Yield way; (B) the reservoir pool of the Cragin Dam; graph (A) shall include access to the Cragin Act codified into law the practices that had Project by the District. governed the management of national forests and (C) any pipelines, linear improvements, (2) RESPONSIBILITY OF SECRETARY OF THE IN- in Texas for 30 years. This act emphasized buildings, hydroelectric generating facili- TERIOR AND DISTRICT.—In accordance with that resources on public lands would be man- ties, priming tanks, transmission, telephone, paragraphs (4)(B) and (5) of section 213(i) of aged so that they are used in the combination and fiber optic lines, pumps, machinery, the Arizona Water Settlements Act (Public that will best meet the needs of the people, tools, appliances, and other District or Bu- Law 108–451; 118 Stat. 3533), the Secretary of that the benefits obtained will exist indefinitely reau of Reclamation structures and facilities the Interior and the District shall— (A) ensure the compliance of each activity and that each each natural resource would be used for the Cragin Project. (3) DISTRICT.—The term ‘‘District’’ means carried out at the Cragin Project with each managed in balance with other resources to applicable Federal environmental law (in- meet present and future public needs. the Salt River Project Agricultural Improve- ment and Power District. cluding regulations); and Management plans outline direction for a (4) LAND MANAGEMENT ACTIVITY.—The term (B) coordinate with appropriate Federal forest under the multiple-use concept. How- ‘‘land management activity’’ includes, with agencies in ensuring the compliance under ever, even the most carefully planned system respect to the covered land, the management subparagraph (A). of management cannot foresee environmental of— (e) LAND MANAGEMENT ACTIVITIES ON COV- or natural factors which can cause drastic (A) recreation; ERED LAND.—

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6474 CONGRESSIONAL RECORD — HOUSE October 3, 2011 (1) IN GENERAL.—The Secretary shall have I thank Congressman GOSAR for spon- lamation approves SRP’s work plan, administrative jurisdiction over land man- soring this jobs bill, and I urge the their environmental compliance, and agement activities on the covered land and adoption of this particular measure. other regulatory permitting require- other appropriate management activities I reserve the balance of my time. ments associated with the project. pursuant to an agreement under paragraph Mr. SABLAN. Mr. Speaker, I yield (2) that do not conflict with, or adversely af- Mr. Speaker, that is some back- fect, the operation, maintenance, or replace- myself such time as I may consume. ground to the issue and why this par- ment (including repair) of the Cragin (Mr. SABLAN asked and was given ticular bill is there. Project, as determined by the Secretary of permission to revise and extend his re- With that, it is my pleasure to now the Interior. marks.) yield such time as he may consume to (2) INTERAGENCY AGREEMENT.—The Sec- Mr. SABLAN. Mr. Speaker, H.R. 489 the sponsor of this legislation, the gen- retary and the Secretary of the Interior, in would specify that the Bureau of Rec- tleman from Arizona (Mr. GOSAR). coordination with the District, may enter lamation is authorized to approve nec- Mr. GOSAR. Mr. Speaker, I rise into an agreement under which the Sec- essary operation and maintenance ac- retary may— today in support of my legislation, (A) undertake any other appropriate man- tivity for the C.C. Cragin project on H.R. 489, a bill that will permanently agement activity in accordance with applica- National Forest System land. end the bureaucratic wrangling that ble law that will improve the management H.R. 489 was introduced this Congress has occurred between the Departments and safety of the covered land and other land with language that reflects negotia- of Interior and Agriculture—a jurisdic- managed by the Secretary if the activity tions between the Bureau of Reclama- tional dispute that compromises the does not conflict with, or adversely affect, tion, the Forest Service, and the Salt routine maintenance of critical water the operation, maintenance, or replacement River Project and the Congress. This infrastructure in the State of Arizona, (including repair) of the Cragin Project, as legislation is not meant to serve as the C.C. Cragin Dam and Reservoir. determined by the Secretary of the Interior; precedent for the management of util- and The Federal Government employs (B) carry out any emergency activities, ity corridors on Forest Service land. over 2.1 million civilian employees. such as fire suppression, on the covered land. Instead, the legislation allows for the There are hundreds of agencies, and The SPEAKER pro tempore. Pursu- management of C.C. Cragin consistent within each agency there are divisions, ant to the rule, the gentleman from with all the other Salt River Project departments, and subgroups. Some- Utah (Mr. BISHOP) and the gentleman facilities on Forest Service land where times, especially with respect to land from the Northern Mariana Islands the Bureau of Reclamation oversees management, more than one agency (Mr. SABLAN) each will control 20 min- the operation and management of the has jurisdiction; and when that occurs, utes. facilities. bureaucratic disputes arise and govern- The Chair recognizes the gentleman I have no requests for time, and I re- ment no longer serves the people. serve the balance of my time. from Utah. b 1620 GENERAL LEAVE Mr. BISHOP of Utah. I yield myself Mr. BISHOP of Utah. I ask unani- such time as I may consume. This is the exact circumstance that mous consent that all Members have 5 Mr. Speaker, Phelps Dodge, just to has necessitated my legislation. legislative days to revise and extend give you some background of this par- The C.C. Cragin project consists of a their remarks and also to include any ticular legislation, is a large mining number of facilities, including a dam extraneous material on the bill under company that built what is now the and reservoir, diversion tunnel and consideration. Cragin project in the 1960s to supply pump shaft, pumping plant, priming The SPEAKER pro tempore. Is there water to its mine complex. Phelps reservoir, pipeline, electrical trans- objection to the request of the gen- Dodge transferred ownership of the mission line, and a generating plant. tleman from Utah? project to the Salt River Project, The majority of the project is located There was no objection. that’s known as the SRP, after the on Federal lands in the Coconino and Mr. BISHOP of Utah. I yield myself former realized it was not necessary for Tonto National Forests. This critical such time as I may consume. mining operations. At the request of water infrastructure project is an im- H.R. 489 is sponsored by our col- the SRP and with the support of Phelps portant aspect of the Salt River league, Representative GOSAR of Ari- Dodge and the Bureau of Reclamation, Project’s Federal Reclamation Project. zona, and it seeks to resolve bureau- the Arizona Water Rights Settlement It is integral to providing a water sup- cratic dysfunction and streamline reg- Act authorized transfer of the title of ply for Phoenix and is instrumental in ulatory processes for the purposes of the project and the associated lands making 3,500 acre-feet of water a year creating jobs in northern Arizona. from SRP to Reclamation in 2005. Even available to Gila County. The town of This is a no-cost bill, and it elimi- though the Federal Government owns Payson and the neighboring commu- nates duplicative permitting require- the project, SRP stills operates and nities rely on the pipeline to supply ments—which we often, in this body, maintains it pursuant to the 1917 con- municipal drinking water to my con- commonly refer to as ‘‘red tape’’—by tract between SRP and the United stituents. putting just one Federal agency in States. In 2004, at the request of the Salt charge of the C.C. Cragin project’s The project consists of a number of River Project—or SRP as it is com- pipeline, part of a Federal water facilities, including a 147-foot-high monly referred to—and with the sup- project. Prior to this bill, the Bureau of Rec- dam, a 15,000-acre-foot reservoir, a di- port of the Bureau of Reclamation and lamation and the U.S. Forest Service version tunnel and pump shaft, pump- the former owner of the project, the could not reconcile their responsibil- ing plant, priming reservoir, a 10-mile- Arizona Water Settlements Act author- ities over who would actually manage long pipeline, electrical transmission ized the title transfer of the C.C. the pipeline. These dueling regulatory line, and a small generating plant Cragin project from SRP to the Bureau requirements ultimately increased the which supplies power to the project’s of Reclamation. Under this language, costs that were passed on to the water pumping plant. The project helps SRP the Federal Government would own the consumers. They also created enough to supply water to the Phoenix metro- project, but SRP would still operate confusion to keep one community from politan area and to the town of Payson and maintain it. going forward with a locally financed and neighboring communities in north- Once a transfer was implemented, it project that would have been connected ern Gila County. became clear that there was a disagree- to the Federal pipeline. Implementation of the title transfer ment between the U.S. Forest Service This bill clarifies these Federal man- under Public Law 108–45 has been con- and the Bureau of Reclamation over agement responsibilities, and it mir- troversial due to misunderstandings who had the responsibility for approv- rors other permitting and approval between the U.S. Forest Service, Rec- ing requested operation maintenance precedents on similar Federal projects. lamation, and SRP. The operation of and repairs. Specifically, the Bureau of It also creates a regulatory environ- the project is like that of all other Salt Reclamation argued that it should ap- ment for that local water project—and River Project-managed Reclamation prove SRP’s work plans, environmental the jobs that will go with it—to pro- facilities located on U.S. Forest Serv- compliance, and other regulatory per- ceed. ice lands. And for those projects, Rec- mitting requirements. The U.S. Forest

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6475 Service asserted that the reclamation ties—including the Bureau of Reclama- on file and available for public inspection in the was required to obtain a special use tion and the Forest Service—agreed Forest Service Regional Office in Atlanta, Geor- permit to operate, maintain, and repair that H.R. 489 is vital to the long-term gia. the water project. management of the C.C. Cragin dam (d) CONSIDERATION.—As consideration for the land conveyed under subsection (b), the Council While the SRP project was able to and reservoir project and would bring shall pay to the Secretary an amount equal to overcome the issues with the Forest about necessary economic certainty for the fair market value of the land, as determined Service to complete repairs, it was the town of Payson and other impacted by an appraisal approved by the Secretary and with the Bureau of Reclamation’s ap- communities. done in conformity with the Uniform Appraisal proval and occasionally over Forest It is not often that Congress gets the Standards for Federal Land Acquisitions and Service objections. Concurrently, the opportunity to take up noncontrover- section 206 of the Federal Land Policy and added permit requirement delayed sial legislation like H.R. 489. I encour- Management Act of 1976 (43 U.S.C. 1716). much needed repairs, wasting precious (e) SURVEY AND ADMINISTRATIVE COSTS.—The age my colleagues to vote in favor of exact acreage and legal description of the land Arizona water resources, increased re- this legislation. to be conveyed under subsection (b) shall be de- pair costs, and placed the economic de- Mr. SABLAN. Mr. Speaker, I yield termined by a survey satisfactory to the Sec- velopment of the town of Payson at back the balance of my time. retary. The Council shall pay the reasonable risk. Mr. BISHOP of Utah. Mr. Speaker, I costs of survey, appraisal, and any administra- Looking forward, this is a long-lived yield back the balance of my time. tive analyses required by law. asset that will be relied upon to pro- The SPEAKER pro tempore. The (f) ACCESS.—Access to the land conveyed vide reliable municipal water supply to question is on the motion offered by under subsection (b) shall be from the adjacent Gila County and the valley. Just a few land of the Council or its successor. Notwith- the gentleman from Utah (Mr. BISHOP) standing section 1323(a) of the Alaska National weeks ago, a $34 million, 15-mile pipe- that the House suspend the rules and Interest Lands Conservation Act (16 U.S.C. line expansion project, which will dou- pass the bill, H.R. 489. 3210(a)), the Secretary shall not be required to ble Payson’s long-term, sustainable The question was taken; and (two- provide additional access to the conveyed land. water supply, was finally approved by thirds being in the affirmative) the (g) ADDITIONAL TERMS AND CONDITIONS.—The the Forest Service after a year-long rules were suspended and the bill was Secretary may prescribe such terms and condi- delay. If Congress allows the jurisdic- passed. tions on the conveyance under subsection (b) as tional dispute to continue, future oper- A motion to reconsider was laid on the Secretary considers in the public interest, ations and maintenance activities re- including the reservation of access rights to the the table. conveyed land for administrative purposes. lated to the C.C. Cragin project could f face costly delays and could possibly The SPEAKER pro tempore. Pursu- interrupt water delivery to these Ari- HELP TO ACCESS LAND FOR THE ant to the rule, the gentleman from zona communities. EDUCATION OF SCOUTS Utah (Mr. BISHOP) and the gentleman from the Northern Mariana Islands This simply is not a tenable situa- Mr. BISHOP of Utah. Mr. Speaker, I (Mr. SABLAN) each will control 20 min- tion. I am pleased the House is taking move to suspend the rules and pass the utes. up legislation that will permanently bill (H.R. 473) to provide for the con- The Chair recognizes the gentleman resolve this ridiculous jurisdictional veyance of approximately 140 acres of from Utah. battle. land in the Ouachita National Forest My legislation reflects a compromise in Oklahoma to the Indian Nations GENERAL LEAVE reached by the relevant parties. It Council, Inc., of the Boy Scouts of Mr. BISHOP of Utah. Mr. Speaker, I grants the Department of the Interior America, and for other purposes, as ask unanimous consent that all Mem- exclusive jurisdiction to manage the amended. bers may have 5 legislative days to re- C.C. Cragin project and grants the De- The Clerk read the title of the bill. vise and extend their remarks and in- partment of Agriculture administra- The text of the bill is as follows: clude extraneous material on the bill tive jurisdiction over land manage- H.R. 473 under consideration. ment activities that do not conflict or The SPEAKER pro tempore. Is there Be it enacted by the Senate and House of Rep- objection to the request of the gen- adversely affect the operation, mainte- resentatives of the United States of America in nance, replacement, or repair of the Congress assembled, tleman from Utah? There was no objection. project. SECTION 1. SHORT TITLE. It is important to note that H.R. 489 This Act may be cited as the ‘‘Help to Access Mr. BISHOP of Utah. I yield myself will still require compliance with all Land for the Education of Scouts’’ or ‘‘HALE such time as I may consume. requirements under Federal law, in- Scouts Act’’. If I spend less time speaking about cluding the National Environmental SEC. 2. LAND CONVEYANCE, OUACHITA NATIONAL this particular bill, it’s not my com- Policy Act, or NEPA. In addition, the FOREST, OKLAHOMA. mitment to this particular bill, only implementation of this legislation has (a) FINDING.—Congress finds that it is in the the gentleman from Oklahoma seems no cost to the taxpayer. public interest to provide for the sale of certain to be here already. Having a single agency overseeing federally owned land in the Ouachita National H.R. 473 was introduced by the gen- Forest in Oklahoma to the Indian Nations the project remains important—if not tleman from Oklahoma (Mr. BOREN). It Council, Inc., of the Boy Scouts of America, for more important now that the project is market value consideration. would authorize the Forest Service to operational. The United States Bureau (b) CONVEYANCE REQUIRED.—Subject to valid sell 143 acres of the Ouachita National of Reclamation has the expertise to existing rights, the Secretary of Agriculture Forest to the Camp Hale Boy Scout conduct oversight on water supply shall convey, by quitclaim deed, to the Indian camp, which is just under 500 acres ad- projects and does so on many of the Nations Council, Inc., of the Boy Scouts of jacent to those Federal lands. The ad- projects that are within national for- America (in this section referred to as the ditional acreage will allow the Boy ests. This commonsense legislation ‘‘Council’’) all right, title, and interest of the Scouts to accommodate more campers meets the needs of SRP and Reclama- United States in and to certain National Forest and allow for a larger array of activi- System land in the Ouachita National Forest in tion to ensure the infrastructure can the State of Oklahoma consisting of approxi- ties at the camp. The legislation stipu- be maintained while accommodating mately 140 acres, depending on the final meas- lates that the acres will be appraised the Forest Service, ensuring they con- urement of the road set back and the actual size and sold at market value. The Boy tinue to manage the lands underlying of the affected sections, as more fully described Scouts will pay for the appraisal as the utility corridor with respect to in subsection (c). The conveyance may not in- well as the survey and the administra- recreation, wildfire, law enforcement, clude any land located within the Indian Na- tive costs. and other activities consistent with its tions National Scenic and Wildlife Area des- This legislation is a commonsense so- authorities, responsibilities, and exper- ignated by section 10 of the Winding Stair lution to allow for an expansion of the Mountain National Recreation and Wilderness camp and better accommodations for tise. Area Act (16 U.S.C. 460vv–8). It is important to note that when the (c) COVERED LANDS.—The National Forest the Boy Scouts of America. House Natural Resources Sub- System land to be conveyed under subsection (b) I urge adoption of this brilliant piece committee on Water and Power held a is depicted on the map entitled ‘‘Boy Scout of legislation, and I reserve the balance hearing on my bill on May 12, all par- Land Request—Ouachita NF’’. The map shall be of my time.

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6476 CONGRESSIONAL RECORD — HOUSE October 3, 2011 Mr. SABLAN. I yield myself such hundreds of scouts each summer. It is mold young boys into model citizens, while si- time as I may consume. now critical for camp growth that the multaneously building character and promoting (Mr. SABLAN asked and was given boundaries be extended to include more physical fitness. I do not feel that anyone, or permission to revise and extend his re- area for camping and additional pro- the lack of sufficient land should deprive more marks.) gram and training services. of our youth from taking full advantage of all Mr. SABLAN. Mr. Speaker, this leg- Successful completion of this objec- of the possibilities that Boy Scouts of America, islation will allow the Indian Nation’s tive will allow the Boy Scouts to con- specifically, the Indian Nations Council pro- Council of the Boy Scouts to expand a tinue the expansion of outdoor and vides. I believe it is the responsibility of my- very popular adventure camp in Okla- leadership training for thousands of self, as well as my colleagues, to ensure that homa. The Scouts would pay fair mar- youths living in the central Southwest we do everything in our ability to ensure that ket value for an additional 140 acres of and bring additional usage and enjoy- we pass H.R. 473 so that we can aid our Forest Service land to be added to the ment of the Ouachita Forest for more young men in their development. existing camp. families. If passed, H.R. 473 will allow the Indian Na- Mr. Speaker, the Boy Scouts are a I want to emphasize that the Boy tions Council to purchase an additional 140 beloved organization dedicated to edu- Scouts will pay fair market value, as acres of U.S. Forest Service land immediately cation and public service. The sale of was mentioned before, for this land, so adjacent to the existing Camp Tom Hale facil- this parcel to the Scouts is a good use that this bill will actually bring money ity. To add to this, the Indian Nations Council of public lands, and we support the leg- to the U.S. Government. can expect to have more scouts participate in islation. It is for the benefit of these thou- their summer camps, without the burden of I would also like to acknowledge that sands of young men across a five-State having to turn eager scouts away. H.R. 473 can benefit the overall well being my good friend, Mr. BOREN, has been a area that I proudly sponsored this of the public by providing the Indian Nations tireless champion for this bill and for measure. I greatly appreciate the Council of Boy Scouts of America with the the Boy Scouts and is to be commended House’s consideration of the bill and adequate and necessary space needed to ac- for his work over several years on be- would like to urge my colleagues to commodate the growing number of scouts. It support this bill, this legislation. I can half of this proposal. is essential that we pass H.R. 473 because think of no greater thing that we can I urge my colleagues to support H.R. organizations such as Boy Scouts of America do than to invest in our young people. 473. are the driving force behind the leaders of to- I yield the balance of my time to the And how can you be against the Boy morrow. By providing these young men, as good gentleman from Oklahoma (Mr. Scouts? well as their adult leaders with the proper BOREN). Mr. BISHOP of Utah. Mr. Speaker, to space they need, we will simultaneously pro- Mr. BOREN. Mr. Speaker, I rise be honest, I had some doubts about this vide our youth with a place where they can today to urge passage of H.R. 473, the piece of legislation. But after the elo- live up to the morals and standards of the or- HALE Scouts Act. This bill grants the quence of the gentleman from Okla- ganization’s mission. U.S. Forest Service the authority to homa, he has removed any doubts as to The SPEAKER pro tempore. The sell roughly 140 acres of land to the In- the viability of this piece of legisla- question is on the motion offered by dian Nation’s Council of Boy Scouts. tion. It’s obviously a brilliant bill and the gentleman from Utah (Mr. BISHOP) The land for conveyance is adjacent to will be a capstone to his career. that the House suspend the rules and the Scouts’ summer camp, Camp Tom I urge its adoption, and I reserve the pass the bill, H.R. 473, as amended. Hale, located in Talihina, Oklahoma. balance of my time. The question was taken; and (two- The Indian Nation’s Council of Boy Mr. SABLAN. Mr. Speaker, I asso- thirds being in the affirmative) the Scouts is a nonprofit organization, pro- ciate myself also with my good friend rules were suspended and the bill, as viding educational programs for boys Mr. BISHOP. How can anyone be against amended, was passed. and young adults to build character, to the Boy Scouts? A motion to reconsider was laid on train in the responsibilities of citizen- I ask my colleagues to support this the table. ship, and to develop personal fitness. legislation, and I yield back the bal- f ance of my time. Camp Tom Hale first opened in June MESSAGES FROM THE PRESIDENT 1930 to serve Boy Scouts in McAlester, Mr. BISHOP of Utah. I yield back the Oklahoma. It was originally located in balance of my time. Messages in writing from the Presi- what is now Robbers Cave State Park Ms. JACKSON LEE of Texas. Mr. Speaker, dent of the United States were commu- near Wilburton, Oklahoma. In 1963, the I rise today in support of H.R. 473, ‘‘Help to nicated to the House by Mr. Williams, Boy Scout Council in McAlester Access Land for the Education of Scouts Act,’’ one of his secretaries. worked with the State of Oklahoma which requires the conveyance of specified f and the U.S. Forest Service to ex- National Forest System land in the Ouachita HOOVER POWER ALLOCATION ACT change the camp at Robbers Cave for National Forest in Oklahoma to the Indian Na- OF 2011 480 acres of wilderness area in the tions Council, Inc., of the Boy Scouts of Amer- ica. This legislation is appropriate and nec- Mr. BISHOP of Utah. Mr. Speaker, I Ouachita National Forest. This ‘‘new’’ move to suspend the rules and pass the Camp Hale has continued as a summer essary for the continuation of the very prin- ciples that Boy Scouts of America stands for. bill (H.R. 470) to further allocate and adventure camp, serving thousands of expand the availability of hydro- Scouts during the intervening 41 years. Currently, the Indian Nations Council serves more than 28,000 youth and 5,500 adult vol- electric power generated at Hoover In 1997, the council board developed a Dam, and for other purposes, as amend- strategic plan for a $3.5 million expan- unteers throughout 18 counties in eastern Oklahoma. Over the past century, the Council ed. sion and renovation of the camp. Since The Clerk read the title of the bill. then, the council has spent in excess of has positively impacted hundreds of thou- The text of the bill is as follows: sands of Scouts and their families. However, $1 million continually updating and ex- H.R. 470 due to the increased growth of the scouting panding facilities to meet the needs of Be it enacted by the Senate and House of Rep- scouts. As a result, a renewed emphasis program in Eastern Oklahoma, attendance at resentatives of the United States of America in on wilderness and outdoors has flour- Camp Tom Hale has surpassed the maximum Congress assembled, ished, with over 6,000 scouts and lead- number of available campsites and program SECTION 1. SHORT TITLE. ers from a five-State area attending capacity. In turn, the organization has been This Act may be cited as the ‘‘Hoover weekly sessions offered in June and forced to turn away many scouts and their Power Allocation Act of 2011’’. July and enjoying the beautiful families. There is a critical need to serve more SEC. 2. ALLOCATION OF CONTRACTS FOR POWER. (a) SCHEDULE A POWER.—Section Ouachita Forest. scouts. However, more land is needed to en- sure the quality of camping and experience for 105(a)(1)(A) of the Hoover Power Plant Act of b 1630 1984 (43 U.S.C. 619a(a)(1)(A)) is amended— the scouts. Boundaries need to be extended (1) by striking ‘‘renewal’’; Attendance has now exceeded the to help accommodate more scouts, and to (2) by striking ‘‘June 1, 1987’’ and inserting maximum number of available camp- maximize their camp experience. ‘‘October 1, 2017’’; and sites and program areas, which is caus- Boy Scouts of America is a prominent val- (3) by striking Schedule A and inserting ing Camp Hale to begin turning away ues-based organization that has helped to the following:

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6477 ‘‘Schedule A Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors

Contin- Firm energy (thousands of kWh) gent ca- Contractor pacity (kW) Summer Winter Total

Metropolitan Water District of Southern California ...... 249,948 859,163 368,212 1,227,375 City of Los Angeles ...... 495,732 464,108 199,175 663,283 Southern California Edison Company ...... 280,245 166,712 71,448 238,160 City of Glendale ...... 18,178 45,028 19,297 64,325 City of Pasadena ...... 11,108 38,622 16,553 55,175 City of Burbank ...... 5,176 14,070 6,030 20,100 Arizona Power Authority ...... 190,869 429,582 184,107 613,689 Colorado River Commission of Nevada ...... 190,869 429,582 184,107 613,689 United States, for Boulder City ...... 20,198 53,200 22,800 76,000

Totals ...... 1,462,323 2,500,067 1,071,729 ’’3,571,796’’.

(b) SCHEDULE B POWER.—Section ‘‘(B) To each existing contractor for power ergy specified for that contractor in the fol- 105(a)(1)(B) of the Hoover Power Plant Act of generated at Hoover Dam, a contract, for de- lowing table: 1984 (43 U.S.C. 619a(a)(1)(B)) is amended to livery commencing October 1, 2017, of the read as follows: amount of contingent capacity and firm en- ‘‘Schedule B Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors

Contin- Firm energy (thousands of gent ca- kWh) Contractor pacity (kW) Summer Winter Total

City of Glendale ...... 2,020 2,749 1,194 3,943 City of Pasadena ...... 9,089 2,399 1,041 3,440 City of Burbank ...... 15,149 3,604 1,566 5,170 City of Anaheim ...... 40,396 34,442 14,958 49,400 City of Azusa ...... 4,039 3,312 1,438 4,750 City of Banning ...... 2,020 1,324 576 1,900 City of Colton ...... 3,030 2,650 1,150 3,800 City of Riverside ...... 30,296 25,831 11,219 37,050 City of Vernon ...... 22,218 18,546 8,054 26,600 Arizona ...... 189,860 140,600 60,800 201,400 Nevada ...... 189,860 273,600 117,800 391,400

Totals ...... 507,977 509,057 219,796 728,853’’.

(c) SCHEDULE C POWER.—Section (1) by striking ‘‘June 1, 1987’’ and inserting (2) by striking Schedule C and inserting 105(a)(1)(C) of the Hoover Power Plant Act of ‘‘October 1, 2017’’; and the following: 1984 (43 U.S.C. 619a(a)(1)(C)) is amended— ‘‘Schedule C Excess Energy

Priority of entitlement to excess energy State

First: Meeting Arizona’s first priority right to delivery of excess energy which is equal in each year of operation to 200 million kilowatthours: Provided, That in the event excess en- ergy in the amount of 200 million kilowatthours is not generated during any year of oper- ation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million kilowatthours, inclusive of the current year’s 200 million kilowatthours. Said first right of delivery shall accrue at a rate of 200 million kilowatthours per year for each year excess energy in an amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered...... Arizona Second: Meeting Hoover Dam contractual obligations under Schedule A of subsection (a)(1)(A), under Schedule B of subsection (a)(1)(B), and under Schedule D of subsection (a)(2), not exceeding 26 million kilowatthours in each year of operation...... Arizona, Nevada, and California Third: Meeting the energy requirements of the three States, such available excess energy to be divided equally among the States...... Arizona, Nevada, and California’’.

(d) SCHEDULE D POWER.—Section 105(a) of ‘‘(2)(A) The Secretary of Energy is author- a resource pool equal to 5 percent of the full the Hoover Power Plant Act of 1984 (43 U.S.C. ized to and shall create from the apportioned rated capacity of 2,074,000 kilowatts, and as- 619a(a)) is amended— allocation of contingent capacity and firm sociated firm energy, as shown in Schedule D (1) by redesignating paragraphs (2), (3), and energy adjusted from the amounts author- (referred to in this section as ‘Schedule D (4) as paragraphs (3), (4), and (5), respec- ized in this Act in 1984 to the amounts shown contingent capacity and firm energy’): tively; and in Schedule A and Schedule B, as modified (2) by inserting after paragraph (1) the fol- by the Hoover Power Allocation Act of 2011, lowing:

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6478 CONGRESSIONAL RECORD — HOUSE October 3, 2011 ‘‘Schedule D Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees

Contin- Firm energy (thousands of gent ca- kWh) State pacity (kW) Summer Winter Total

New Entities Allocated by the Secretary of Energy ...... 69,170 105,637 45,376 151,013 New Entities Allocated by State Arizona ...... 11,510 17,580 7,533 25,113 California ...... 11,510 17,580 7,533 25,113 Nevada ...... 11,510 17,580 7,533 25,113

Totals ...... 103,700 158,377 67,975 226,352

‘‘(B) The Secretary of Energy shall offer No. 95–PAO–10616 (referred to in this section contractors prior to October 1, 2017, and Schedule D contingency capacity and firm as the ‘Implementation Agreement’). remit such amounts to the contractors that energy to entities not receiving contingent ‘‘(F) Any of the 66.7 percent of Schedule D paid such advances in proportion to the capacity and firm energy under subpara- contingent capacity and firm energy that is amounts paid by such contractors as speci- graphs (A) and (B) of paragraph (1) (referred to be allocated by Western that is not allo- fied in section 6.4 of the Implementation to in this section as ‘new allottees’) for de- cated and placed under contract by October Agreement; livery commencing October 1, 2017 pursuant 1, 2017, shall be returned to those contractors ‘‘(E) permit transactions with an inde- to this subsection. In this subsection, the shown in Schedule A and Schedule B in the pendent system operator; and term ‘the marketing area for the Boulder same proportion as those contractors’ alloca- ‘‘(F) contain the same material terms in- City Area Projects’ shall have the same tions of Schedule A and Schedule B contin- cluded in section 5.6 of those long-term con- meaning as in appendix A of the General gent capacity and firm energy. Any of the tracts for purchases from the Hoover Power Consolidated Power Marketing Criteria or 33.3 percent of Schedule D contingent capac- Plant that were made in accordance with Regulations for Boulder City Area Projects ity and firm energy that is to be distributed this Act and are in existence on the date of published in the Federal Register on Decem- within the States of Arizona, Nevada, and enactment of the Hoover Power Allocation ber 28, 1984 (49 Federal Register 50582 et seq.) California that is not allocated and placed Act of 2011.’’. (referred to in this section as the ‘Criteria’). under contract by October 1, 2017, shall be re- (h) EXISTING RIGHTS.—Section 105(b) of the ‘‘(C)(i) Within 36 months of the date of en- turned to the Schedule A and Schedule B Hoover Power Plant Act of 1984 (43 U.S.C. actment of the Hoover Power Allocation Act contractors within the State in which the 619a(b)) is amended by striking ‘‘2017’’ and of 2011, the Secretary of Energy shall allo- Schedule D contingent capacity and firm en- inserting ‘‘2067’’. cate through the Western Area Power Ad- ergy were to be distributed, in the same pro- (i) OFFERS.—Section 105(c) of the Hoover ministration (referred to in this section as portion as those contractors’ allocations of Power Plant Act of 1984 (43 U.S.C. 619a(c)) is ‘Western’), for delivery commencing October Schedule A and Schedule B contingent ca- amended to read as follows: 1, 2017, for use in the marketing area for the pacity and firm energy.’’. ‘‘(c) OFFER OF CONTRACT TO OTHER ENTI- Boulder City Area Projects 66.7 percent of (e) TOTAL OBLIGATIONS.—Paragraph (3) of TIES.—If any existing contractor fails to ac- the Schedule D contingent capacity and firm section 105(a) of the Hoover Power Plant Act cept an offered contract, the Secretary of energy to new allottees that are located of 1984 (43 U.S.C. 619a(a)) (as redesignated as Energy shall offer the contingent capacity within the marketing area for the Boulder subsection (d)(1)) is amended— and firm energy thus available first to other City Area Projects and that are— (1) in the first sentence, by striking entities in the same State listed in Schedule ‘‘(I) eligible to enter into contracts under ‘‘schedule A of section 105(a)(1)(A) and sched- A and Schedule B, second to other entities section 5 of the Boulder Canyon Project Act ule B of section 105(a)(1)(B)’’ and inserting listed in Schedule A and Schedule B, third to other entities in the same State which re- (43 U.S.C. 617d); or ‘‘paragraphs (1)(A), (1)(B), and (2)’’; and ceive contingent capacity and firm energy ‘‘(II) federally recognized Indian tribes. (2) in the second sentence— under subsection (a)(2) of this section, and ‘‘(ii) In the case of Arizona and Nevada, (A) by striking ‘‘any’’ each place it appears last to other entities which receive contin- Schedule D contingent capacity and firm en- and inserting ‘‘each’’; gent capacity and firm energy under sub- ergy for new allottees other than federally (B) by striking ‘‘schedule C’’ and inserting section (a)(2) of this section.’’. recognized Indian tribes shall be offered ‘‘Schedule C’’; and (j) AVAILABILITY OF WATER.—Section 105(d) through the Arizona Power Authority and (C) by striking ‘‘schedules A and B’’ and in- of the Hoover Power Plant Act of 1984 (43 the Colorado River Commission of Nevada, serting ‘‘Schedules A, B, and D’’. U.S.C. 619a(d)) is amended to read as follows: respectively. Schedule D contingent capacity (f) POWER MARKETING CRITERIA.—Para- ‘‘(d) WATER AVAILABILITY.—Except with re- and firm energy allocated to federally recog- graph (4) of section 105(a) of the Hoover spect to energy purchased at the request of nized Indian tribes shall be contracted for di- Power Plant Act of 1984 (43 U.S.C. 619a(a)) (as an allottee pursuant to subsection (a)(3), the rectly with Western. redesignated as subsection (d)(1)) is amended obligation of the Secretary of Energy to de- ‘‘(D) Within 1 year of the date of enact- to read as follows: liver contingent capacity and firm energy ment of the Hoover Power Allocation Act of ‘‘(4) Subdivision C of the Criteria shall be pursuant to contracts entered into pursuant 2011, the Secretary of Energy also shall allo- deemed to have been modified to conform to to this section shall be subject to avail- cate, for delivery commencing October 1, this section, as modified by the Hoover ability of the water needed to produce such 2017, for use in the marketing area for the Power Allocation Act of 2011. The Secretary contingent capacity and firm energy. In the Boulder City Area Projects 11.1 percent of of Energy shall cause to be included in the event that water is not available to produce the Schedule D contingent capacity and firm Federal Register a notice conforming the the contingent capacity and firm energy set energy to each of— text of the regulations to such modifica- forth in Schedule A, Schedule B, and Sched- ‘‘(i) the Arizona Power Authority for allo- tions.’’. ule D, the Secretary of Energy shall adjust cation to new allottees in the State of Ari- (g) CONTRACT TERMS.—Paragraph (5) of sec- the contingent capacity and firm energy of- zona; tion 105(a) of the Hoover Power Plant Act of fered under those Schedules in the same pro- ‘‘(ii) the Colorado River Commission of Ne- 1984 (43 U.S.C. 619a(a)) (as redesignated as portion as those contractors’ allocations of vada for allocation to new allottees in the subsection (d)(1)) is amended— Schedule A, Schedule B, and Schedule D con- State of Nevada; and (1) by striking subparagraph (A) and in- tingent capacity and firm energy bears to ‘‘(iii) Western for allocation to new serting the following: the full rated contingent capacity and firm allottees within the State of California, pro- ‘‘(A) in accordance with section 5(a) of the energy obligations.’’. vided that Western shall have 36 months to Boulder Canyon Project Act (43 U.S.C. (k) CONFORMING AMENDMENTS.—Section 105 complete such allocation. 617d(a)), expire September 30, 2067;’’; of the Hoover Power Plant Act of 1984 (43 ‘‘(E) Each contract offered pursuant to this (2) in the proviso of subparagraph (B)— U.S.C. 619a) is amended— subsection shall include a provision requir- (A) by striking ‘‘shall use’’ and inserting (1) by striking subsections (e) and (f); and ing the new allottee to pay a proportionate ‘‘shall allocate’’; and (2) by redesignating subsections (g), (h), share of its State’s respective contribution (B) by striking ‘‘and’’ after the semicolon and (i) as subsections (e), (f), and (g), respec- (determined in accordance with each State’s at the end; tively. applicable funding agreement) to the cost of (3) in subparagraph (C), by striking the pe- (l) CONTINUED CONGRESSIONAL OVERSIGHT.— the Lower Colorado River Multi-Species Con- riod at the end and inserting a semicolon; Subsection (e) of section 105 of the Hoover servation Program (as defined in section 9401 and Power Plant Act of 1984 (43 U.S.C. 619a)) (as of the Omnibus Public Land Management (4) by adding at the end the following: redesignated by subsection (k)(2)) is amend- Act of 2009 (Public Law 111–11; 123 Stat. ‘‘(D) authorize and require Western to col- ed— 1327)), and to execute the Boulder Canyon lect from new allottees a pro rata share of (1) in the first sentence, by striking ‘‘the Project Implementation Agreement Contract Hoover Dam repayable advances paid for by renewal of’’; and

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6479 (2) in the second sentence, by striking economic recovery because it will help hoping that those eligible users are ‘‘June 1, 1987, and ending September 30, 2017’’ create certainty over future electricity mostly tribes because they’ve been and inserting ‘‘October 1, 2017, and ending prices, and certainty is exactly what kept out of the loop for many genera- September 30, 2067’’. (m) COURT CHALLENGES.—Subsection (f)(1) our economy needs right now in order tions, and I think it’s time that we put of section 105 of the Hoover Power Plant Act to get people back to work. them up in the priority status, rather of 1984 (43 U.S.C. 619a) (as redesignated by H.R. 470 was developed as a con- than at the end of the line as normally subsection (k)(2)) is amended in the first sen- sensus, bipartisan plan to ensure the happens. tence by striking ‘‘this Act’’ and inserting continued availability and reliability Western Area Power Administration ‘‘the Hoover Power Allocation Act of 2011’’. of Hoover power to the citizens of Ne- has committed to implementing a full (n) REAFFIRMATION OF CONGRESSIONAL DEC- vada, California, and Arizona. Hoover LARATION OF PURPOSE.—Subsection (g) of sec- and transparent process in the alloca- tion 105 of the Hoover Power Plant Act of contractors who participated in devel- tion of this valuable resource. And we 1984 (43 U.S.C. 619a) (as redesignated by sub- oping this plan have invested more do expect that the State regulatory section (k)(2)) is amended— than $1.3 billion to construct, operate, agencies of Arizona and Nevada both (1) by striking ‘‘subsections (c), (g), and (h) and maintain Hoover Dam in the past. will follow the same procedures and of this section’’ and inserting ‘‘this Act’’; They agreed to contribute 5 percent of commitment to an impartial and unbi- and their post-2017 Hoover power alloca- ased allocation determination. (2) by striking ‘‘June 1, 1987, and ending tions to form a 100-megawatt resource The 50-year timeframe for allocation September 30, 2017’’ and inserting ‘‘October 1, pool that will be made available to cus- of this resource also matches the com- 2017, and ending September 30, 2067’’. tomers such as tribes, irrigation dis- SEC. 3. PAYGO. mitment by collaborators to fund the tricts, and rural cooperatives that did The budgetary effects of this Act, for the Lower Colorado River Multi-Species not have access to this power in the purpose of complying with the Statutory Conservation Program, a nationally past. Pay-As-You-Go Act of 2010, shall be deter- recognized example of how diverse mined by reference to the latest statement H.R. 470 provides that this resource titled ‘‘Budgetary Effects of PAYGO Legisla- pool will be allocated by a Federal- stakeholders can find solutions, work- tion’’ for this Act, submitted for printing in State partnership involving the West- ing together, that promote economic the Congressional Record by the Chairman of ern Area Power Administration and growth while protecting more than 100 the House Budget Committee, provided that the States of Nevada, California, and species, including some endangered such statement has been submitted prior to species that everybody wants to do the vote on passage. Arizona. Now, I understand that some Arizona away with, all within the Lower Colo- The SPEAKER pro tempore. Pursu- cooperatives have expressed concerns rado floodplain, and this is without ant to the rule, the gentleman from over this bill because they are unhappy litigation. Utah (Mr. BISHOP) and the gentle- with Arizona’s power allocation pri- Mr. Speaker, this legislation has 34 woman from California (Mrs. ority list. But this bill actually sets bipartisan cosponsors. This exact same APOLITANO) each will control 20 min- N aside additional power for other enti- bill, H.R. 4349, which I was the lead utes. ties, including cooperatives, thereby sponsor of, as was Senator REID in the The Chair recognizes the gentleman Senate, passed the House in the 111th from Utah. increasing the likelihood of a power al- location, and this Federal legislation Congress, and I ask my colleagues now GENERAL LEAVE should not be used to usurp the author- to again not only support but vote for Mr. BISHOP of Utah. Mr. Speaker, I the passage of H.R. 470. ask unanimous consent that all Mem- ity of the State of Arizona. Again, this legislation is essential to bers may have 5 legislative days to re- I reserve the balance of my time. the millions of consumers who have in- vise and extend their remarks and in- Mr. BISHOP of Utah. Mr. Speaker, I vested in this renewable source of en- clude extraneous material on the bill wish to yield such time as he may con- ergy over the past 75 years because it under consideration. sume to the gentleman from Arizona The SPEAKER pro tempore. Is there will continue to provide them with (Mr. GOSAR). Hoover power for the next 50 years, as objection to the request of the gen- Mr. GOSAR. Mr. Speaker, I rise well as allow new customers to benefit tleman from Utah? today in support of H.R. 470, the Hoo- from this clean, low-cost energy There was no objection. ver Power Allocation Act of 2011. Hoo- source. Mr. BISHOP of Utah. Mr. Speaker, I ver power is a vital power resource for wish to yield such time as he may con- I urge my colleagues to join me in supporting H.R. 470, the Hoover Power the consumers in the States of Arizona, sume to the gentleman from Nevada California, and Nevada, as well as over (Mr. HECK), who is the sponsor of this Allocation Act of 2011. Mrs. NAPOLITANO. Mr. Speaker, I 29 million people who rely on this clean bill, to introduce this particular piece renewable source of energy. of legislation, which does so much for yield myself such time as I may con- the West and recognizes the impor- sume. b 1640 tance of hydroelectric power for those (Mrs. NAPOLITANO asked and was of us who live in the West. given permission to revise and extend Hydroelectric power from the Hoover Mr. HECK. Mr. Speaker, I rise in sup- her remarks.) Dam was first allocated by Congress in Mrs. NAPOLITANO. I thank Con- port of H.R. 470, the Hoover Power Al- 1928 and has been allocated by Congress gressman BISHOP, Congressman location Act of 2011. ever since. The current power con- SABLAN, but especially Congressman This issue is very important to my tracts expire in 2017. It is important HASTINGS and our staff for working on home State of Nevada and the more this body pass a new allocation now to than 29 million residents across Ne- this bill. I rise in support of H.R. 470, the Hoo- ensure the continued availability and vada, Arizona, and California that ben- reliability of Hoover power to the citi- efit from Hoover power. ver Power Allocation Act of 2011, as amended. And I agree with my col- zens of my State and those of Cali- The Hoover Dam is located in my dis- fornia and Nevada. trict, and Hoover power has been crit- league, I agree with his remarks. Hy- ical to southern Nevada’s economy, dropower is a very valuable resource The version of this legislation that businesses, and consumers since the for our country. The power produced at this body is considering today reflects dam first started operating in 1936. Hoover provides a renewable, very af- years of thorough negotiation. It in- Hoover power is clean and affordable, fordable and accessible resource to the cludes provisions that address issues and today we are taking an important American Southwest, more specifically that were raised in the 111th Congress step toward making it stable. The Hoo- the States of California, my State, Ne- by the Inter Tribal Council of Arizona ver power contracts are due to expire vada, and Arizona, and has 30 million and the Western Area Power Adminis- in 2017, and H.R. 470 would authorize residents, businesses, farms, and tribes tration. Because of that, the bill has the continued allocation of electricity that benefit from its renewable power. garnered strong bipartisan support from the Hoover Dam for the next 50 A new provision in the legislation, within the Arizona House delegation years, until 2067. which my colleague talked about, and at the grassroots level. Extending Nevada’s access to low- would create an additional Schedule D, I would like to address the concerns cost, clean hydropower through the en- where power will be made available to expressed by the Arizona Statewide Co- actment of H.R. 470 is key to Nevada’s eligible tribes and other users. And I’m operatives Association. I personally

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6480 CONGRESSIONAL RECORD — HOUSE October 3, 2011 met with the representatives of the as- I support this bill because it will ensure that CONVEYING SUBMERGED LANDS sociation in an attempt to address many small communities in Southern Cali- TO NORTHERN MARIANA ISLANDS their concerns. In those meetings, it fornia, including the community of Colton in Mr. BISHOP of Utah. Mr. Speaker, I became clear the only way to address my district, have access to cost effective move to suspend the rules and pass the their concerns would be to overturn ex- power that is provided by a renewable re- bill (H.R. 670) to convey certain sub- isting Arizona State law. I encouraged source. merged lands to the Commonwealth of them to take their charge to the State Close to 4,000 homes in Colton are pow- the Northern Mariana Islands in order level and committed to help facilitate ered by the Hoover dam. The Hoover dam is to give that territory the same benefits the initial meeting if they so desired. one of our nation’s greatest feats of engineer- in its submerged lands as Guam, the However, I have consistently main- ing. It is a symbol of American ingenuity, and Virgin Islands, and American Samoa tained that it would be inappropriate representative of the success that the Roo- have in their submerged lands. for Congress to incorporate language sevelt administration had in putting our nation The Clerk read the title of the bill. that would preempt Arizona State law back to work during the Great Depression. The text of the bill is as follows: in this legislation. In a time when our country struggles with its H.R. 670 I would also like to point out that dependence on foreign oil, the Hoover dam Be it enacted by the Senate and House of Rep- the Arizona co-ops have an opportunity and the power that it provides shines as a resentatives of the United States of America in under this legislation to receive Hoover Congress assembled, beacon of what we are capable of in har- power going forward. H.R. 470 creates a SECTION 1. CONVEYANCE OF CERTAIN SUB- nessing renewable energy. I commend the pool of 103 megawatts that will be allo- MERGED LANDS TO THE COMMON- men who generations ago built this engineer- WEALTH OF THE NORTHERN MAR- cated to eligible entities, including ing marvel, and thank those today who main- IANA ISLANDS. rural electric cooperatives and feder- tain it for our benefit. (a) IN GENERAL.—The first section of Pub- ally recognized Native American lic Law 93–435 (48 U.S.C. 1705) is amended by tribes. In addition, the Salt River I urge my colleagues to vote yes on H.R. inserting ‘‘the Commonwealth of the North- Project has committed, in writing, to 470—and ask that they ensure the lights will ern Mariana Islands,’’ after ‘‘Guam,’’ each backstop up to three megawatts of stay on for millions of families in California, Ar- place it appears. power for the Arizona co-ops should izona, and Nevada. (b) REFERENCES TO DATE OF ENACTMENT.— Ms. JACKSON LEE of Texas. Mr. Speaker, For the purposes of the amendment made by they not receive an allocation through subsection (a), each reference in Public Law this specific provision. I rise today in support of H.R. 470 ‘‘Hoover 93–435 (48 U.S.C. 1705) to the ‘‘date of enact- Let me remind my colleagues that 22 Power Allocation Act of 2011,’’ which Amends ment’’ shall be considered to be a reference percent of the population in my dis- the Hoover Power Plant Act of 1984 to modify, to the date of the enactment of this section. trict is tribal. This would be a wonder- commencing October 1, 2017, certain statu- The SPEAKER pro tempore. Pursu- ful means of having a vested interest tory schedules governing contracts for delivery ant to the rule, the gentleman from and would also diversify the portfolios to specified localities in Arizona, California, Utah (Mr. BISHOP) and the gentleman of the tribes in the energy sector. and Nevada of hydroelectric power generated from the Northern Mariana Islands Again, I rise in support of my friend at Hoover Dam. The Hoover dam represents (Mr. SABLAN) each will control 20 min- Dr. HECK’s legislation, H.R. 470, and en- hope and prosperity that is possible if we, as utes. courage my colleagues to vote ‘‘yes.’’ legislators, do our job well. To many the Hoo- The Chair recognizes the gentleman Mrs. NAPOLITANO. Mr. Speaker, I ver Dam represents hope, and with this bill we from Utah. ask for passage of this bill, and I yield can ensure good management of this facility GENERAL LEAVE back the balance of my time. into the future and hopefully create more jobs! Mr. BISHOP of Utah. I ask unani- Mr. BISHOP of Utah. Mr. Speaker, In the depths of the Great Depression, when mous consent that all Members may this once again is a very good bill that like today a slow economy and high rate of have 5 legislative days to revise and ex- is before us. The fact is that the Hoo- unemployment caused great strife in the lives tend their remarks and include extra- ver Dam in Nevada produces more than of American citizens, President Franklin Dela- neous material on the bill under con- 2,000 megawatts, which is enough to no Roosevelt showed enormous leadership in sideration. power 2 million households, of clean launching the Hoover Dam project. Instead of The SPEAKER pro tempore. Is there electricity and captures more than 28 abiding by the general wisdom of the era, that objection to the request of the gen- million acre feet of water for the isolationism and fiscal austerity would insure tleman from Utah? States of Arizona, Nevada, and Cali- the quickest economic recovery, FDR chose to There was no objection. fornia. use government resources to help those who Mr. BISHOP of Utah. I yield myself In the more than 75 years since this were suffering the most. Through public works such time as I may consume. engineering marvel was completed, programs like this one, the President was able It is my pleasure to be here on this Hoover Dam still plays a key role in to put a massive amount of Americans back to particular bill, H.R. 670. It conveys, as fulfilling its economic, job-creation work and construct some of this country’s was mentioned in the title, 3 miles of mission. This bill simply extends part most impressive and meaningful structures. submerged lands to the Commonwealth of that mission, and it’s all paid for by After construction began in 1931, it took only of the Northern Mariana Islands. This the electricity ratepayers. Their rates five years to complete, finishing two years authority will give the Pacific terri- will cover all capital, all operating, all ahead of schedule. The initiative and perse- tory similar authority and benefits as maintenance and other costs associ- verance shown by the American workers, are currently enjoyed by many coastal ated with the power component of the many of whom gave their lives to the dam, ex- States and other U.S. territories, spe- Hoover Dam. There is no taxpayer cost emplifies the American spirit at its best. When cifically Guam, the Virgin Islands and to this bill. people have a reason to believe in their gov- American Samoa. I want to thank Congressman HECK ernment, they will respond accordingly in their The last Congress passed similar leg- for bringing this bill forward, I also own lives. Now it is our turn: we must ensure islation out of the House by a rollcall want to thank Congresswoman effective management of the dam’s power pro- vote of 416–0, and I hope we can beat NAPOLITANO for her good work on this duction into the future. that record today. I am pleased to have bill, and I would encourage my col- The SPEAKER pro tempore. The been able to work on this, and I thank leagues to support this no-cost, job- question is on the motion offered by the gentleman from the Northern Mari- supporting legislation. anas (Mr. SABLAN) for actually pre- the gentleman from Utah (Mr. BISHOP) I urge adoption of this measure, and that the House suspend the rules and senting this particular bill to us. It is with that, I yield back the balance of pass the bill, H.R. 470, as amended. a good piece of legislation. my time. I reserve the balance of my time. Mr. BACA. Mr. Speaker, I rise today to The question was taken; and (two- Mr. SABLAN. Mr. Speaker, I yield voice my strong support for H.R. 470, a bill for thirds being in the affirmative) the myself as much time as I may con- the allocation of power from the Hoover dam. rules were suspended and the bill, as sume. I thank my colleague from Nevada, Rep- amended, was passed. (Mr. SABLAN asked and was given resentative HECK, for sponsoring this important A motion to reconsider was laid on permission to revise and extend his re- resolution. the table. marks.)

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6481 Mr. SABLAN. Mr. Speaker, I rise in jurisdictions. In the 1941 case of U.S. v. lands, and American Samoa have in their sub- support of H.R. 670, a bill that conveys California, the Federal courts found merged lands’’ conveys to the government of to the Commonwealth of the Northern that the Federal Government owned the Commonwealth of the Northern Mariana Mariana Islands the 3 miles of sub- the submerged lands off the shores of Islands submerged lands surrounding such Is- merged lands surrounding each of our California and other coastal States. lands and extending three geographical miles islands. I want to thank the leaders These States then turned to Congress outward from their coastlines. from both sides of the aisle, particu- to regain control of their submerged The Act provides the American public, more larly Chairman HASTINGS and Ranking lands, and Congress granted these specifically the occupants of the Common- Member MARKEY of the Natural Re- States title to the waters and sub- wealth of the Northern Mariana Islands, with sources Committee, and my very good merged lands out to 3 miles in the Sub- added ways to use and enjoy land sur- friend, Dr. JOHN FLEMING, chairman of merged Lands Act of 1953. rounding their coastlines. It is in a spirit of en- the Fisheries, Wildlife, Oceans and In- b 1650 couraging the most beneficial use of natural sular Affairs Subcommittee, for their resources that I support the idea of providing support of H.R. 670. History repeats itself here. an expanded use of otherwise unused land to I would like to note, also, that the In 2005, the Ninth Circuit Court of the Commonwealth of the Northern Mariana language of H.R. 670 previously, as my Appeals ruled that the submerged lands Islands. It is the responsibility of all Members good friend has noted, passed the House and waters off our coastline did not be- of Congress to fulfill our moral obligation to in the 111th Congress by a vote of 416– long to the people of the Northern Mar- promote harmony between Americans and 0. As we know sometimes happens, ianas—despite that we had fished and their natural resources. however, though favorably reported sailed there for at least 3,500 years. The I urge my colleagues to join me in sup- from its committee of jurisdiction, the Ninth Circuit did recognize, however, porting H.R. 670, to convey certain submerged other body took no final action. So I that Congress had the power to convey lands to the Commonwealth of the Northern hope that Members of this House will the submerged lands to the Marianas. Mariana Islands in order to give that territory join me today in making a second ef- H.R. 670 does exactly that. H.R. 670 em- the same benefits in its submerged lands as fort to get this bill enacted into law. ploys the constitutional authority of Guam, the Virgin Islands, and American The Northern Mariana Islands is the this Congress to dispose of Federal Samoa have in their submerged lands. only United States coastal jurisdiction property, the same authority that Con- The SPEAKER pro tempore. The that does not have ownership of the gress used to convey offshore lands to question is on the motion offered by submerged lands off its coasts. H.R. 670 Guam, the United States Virgin Is- the gentleman from Utah (Mr. BISHOP) corrects that irregularity and provides lands, and American Samoa under the that the House suspend the rules and the same ownership rights over the Territorial Submerged Lands Act of pass the bill, H.R. 670. submerged lands surrounding the 1974. The question was taken. Northern Marianas as are provided by Finally, let me say there is great The SPEAKER pro tempore. In the Federal law to Guam, the U.S. Virgin support for this legislation among the opinion of the Chair, two-thirds being Islands, and American Samoa. people of the Northern Mariana Is- in the affirmative, the ayes have it. This bill provides equity to the peo- lands, so much so that when I was Mr. BISHOP of Utah. Mr. Speaker, on ple of the Northern Marianas. It re- sworn in as the first Representative of that I demand the yeas and nays. turns management of these near-shore the Northern Mariana Islands in the The yeas and nays were ordered. lands and waters to those who know House of Representatives, this was my The SPEAKER pro tempore. Pursu- them best and need them to be well- first bill. The Governor of the Northern ant to clause 8 of rule XX, further pro- managed. It gives the people of the Marianas has expressed his support. ceedings on this question will be post- Marianas, who have such limited land The Northern Marianas Legislature has poned. resources, the power to protect and to passed a resolution in favor of a return f to local management. In addition, the benefit from the seas around our 14 is- AUTHORIZING USE OF CAPITOL Obama administration has expressed lands. ROTUNDA FOR CONGRESSIONAL To highlight the importance of this its support for the conveyance of sub- GOLD MEDAL CEREMONY point, in 2006, Louisiana leased 392,118 merged lands to the people of the acres of its submerged lands for oyster Northern Mariana Islands. Mr. HARPER. Mr. Speaker, I move to harvest, profiting the State and pro- This House, too, as I said at the be- suspend the rules and concur in the viding an economic opportunity for ginning, has given overwhelming sup- concurrent resolution (S. Con. Res. 29) holders of 8,167 leases. Likewise, the port to the language of this bill, which authorizing the use of the rotunda of State of California leases tracts off its passed the House unanimously on July the United States Capitol for an event submerged lands for oil and gas extrac- 15, 2009. to present the Congressional Gold tion, creating jobs and contributing to Once again, I ask for your support. Medal, collectively, to Neil A. Arm- the State’s economy. Other coastal ju- H.R. 670 costs nothing. Congress has strong, Edwin E. ‘‘Buzz’’ Aldrin, Jr., risdictions have similar stories to tell the constitutional authority to enact Michael Collins, and John Herschel about the important role that coastal this bill. It will provide equity—the Glenn, Jr., in recognition of their sig- lands and waters can play in economic same ownership and responsibility for nificant contributions to society. growth. surrounding lands and waters that The Clerk read the title of the con- For the area I represent, which has every other coastal area of our Nation current resolution. suffered declining GDP year after year enjoys. The text of the concurrent resolution since 2004 and a 20 percent drop in 2009, I want to thank all of those Members is as follows: gaining control of surrounding sub- who are cosponsors of this bill, and I S. CON. RES. 29 merged lands could help to turn things ask that my colleagues support H.R. Resolved by the Senate (the House of Rep- around. Whereas now the Federal Gov- 670. resentatives concurring), ernment is in charge and does nothing I yield back the balance of my time. SECTION 1. USE OF THE ROTUNDA OF THE with the potential of these lands, H.R. Mr. BISHOP of Utah. Mr. Speaker, I UNITED STATES CAPITOL TO PRESENT THE CONGRESSIONAL 670 would put the local government in urge the adoption of this particular GOLD MEDAL. charge. We would be free to develop off- resolution. (a) AUTHORIZATION.—The rotunda of the shore wind farms or other energy alter- I have no further requests for time, United States Capitol is authorized to be natives and be responsible for pro- and I yield back the balance of my used on November 16, 2011 for the presen- tecting the rare marine environment, time. tation of the Congressional Gold Medal, col- which is both our legacy and our trust, Ms. JACKSON LEE of Texas. Mr. Speaker, lectively, to Neil A. Armstrong, Edwin E. and also makes our islands alluring to I rise today in support of H.R. 670, ‘‘To convey ‘‘Buzz’’ Aldrin, Jr., Michael Collins, and John Herschel Glenn, Jr., in recognition of tourists. certain submerged lands to the Common- their significant contributions to society. What H.R. 670 does for the Northern wealth of the Northern Mariana Islands in (b) PREPARATIONS.—Physical preparations Marianas is what this Congress pre- order to give that territory the same benefits in for the conduct of the event described in sub- viously has done for other U.S. coastal its submerged lands as Guam, the Virgin Is- section (a) shall be carried out in accordance

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6482 CONGRESSIONAL RECORD — HOUSE October 3, 2011 with such conditions as may be prescribed by colleagues to support it in honoring membering the huge risks each of these the Architect of the Capitol. the achievements of these national he- individuals confronted as they began to The SPEAKER pro tempore. Pursu- roes. push the boundaries of human explo- ant to the rule, the gentleman from HOUSE OF REPRESENTATIVES, ration in outer space. Mississippi (Mr. HARPER) and the gen- COMMITTEE ON HOUSE ADMINISTRATION, While the technologies they relied on tleman from Pennsylvania (Mr. BRADY) Washington, DC, October 3, 2011. to conduct their flights were consid- each will control 20 minutes. Hon. JOHN BOEHNER, ered cutting edge during their day, Speaker of the House, House of Representatives, The Chair recognizes the gentleman many of these systems had never been from Mississippi. Washington, DC. DEAR SPEAKER BOEHNER: I write to notify fully tested except during the actual GENERAL LEAVE you that the Committee on House Adminis- first flights performed by these men. Mr. HARPER. Mr. Speaker, I ask tration hereby waives further committee On February 20, 1962, John Glenn unanimous consent that all Members consideration of S. Con. Res. 29, a concurrent rode to orbit atop an Atlas rocket that have 5 legislative days to revise and ex- resolution authorizing the use of the rotunda had been adapted from a military de- tend their remarks. of the United States Capitol for an event to sign to carry the Mercury capsule The SPEAKER pro tempore. Is there present the Congressional Gold Medal, col- Friendship 7 to orbit. His flight lasted lectively, to Neil A. Armstrong, Edwin E. objection to the request of the gen- nearly 5 hours before returning safely tleman from Mississippi? ″Buzz″ Aldrin, Jr., Michael Collins, and John Herschel Glenn, Jr., in recognition of their to Earth. Seven years and 5 months There was no objection. later, Apollo 11 astronauts Buzz Aldrin, Mr. HARPER. I yield myself such significant contributions to society, in order that the legislation may proceed expedi- Neil Armstrong, and Mike Collins were time as I may consume. tiously to the House floor for consideration. This resolution authorizes the use of launched. After a 4-day flight, Neil and Sincerely, Buzz landed on the Moon, becoming the the rotunda on November 16 to present DANIEL E. LUNGREN, the Congressional Gold Medal, collec- first humans to walk on its surface. Chairman. I was honored to chair a hearing just tively, to Neil A. Armstrong, Edwin E. I reserve the balance of my time. ‘‘Buzz’’ Aldrin, Jr., Michael Collins, 2 weeks ago that included Neil Arm- Mr. BRADY of Pennsylvania. I yield strong and fellow Apollo astronaut and John Herschel Glenn, Jr., in rec- myself such time as I may consume. ognition of their significant contribu- Gene Cernan, the last American man to Mr. Speaker, I rise in support of this walk on the Moon, as witnesses. Mr. tions to society. concurrent resolution authorizing the Mr. Speaker, on May 25, 1961, Presi- Armstrong prefaced the hearing with a use of the Capitol rotunda to award very dramatic video that included foot- dent Kennedy spoke to a joint session Congressional Gold Medals to Neil A. of Congress. He said that it was time age of his descent inside the Eagle Armstrong, Edwin ‘‘Buzz’’ Aldrin, Jr., lunar module to its landing. for a ‘‘great new American enterprise— Michael Collins, and John Herschel time for this Nation to take a clearly Glenn, Jr., for being pioneers of space 1700 leading role in space achievement.’’ He exploration. The bill granting the med- b committed this Nation to achieving als was sponsored by former Represent- Many of you, I’m sure, have seen this the ambitious goal of landing a man on ative Alan Grayson in the 110th Con- footage, but to hear Neil Armstrong the Moon and returning him to Earth gress and was signed into law by Presi- offer a live narration as the Eagle de- safely. dent Obama on August 7, 2009. scends and settles on the Moon’s sur- President Kennedy added, ‘‘I believe It can be said that these four heroes face is something I’ll never forget. we possess all the resources and talents are trailblazers, but their paths en- I also want to recognize my good necessary’’ to accomplish the mission— sured they were not the last. They friend Buzz Aldrin, whom I’ve come to and that we did as exhibited by the showed everyone that the impossible is know over the years. Buzz has never gentlemen to be honored in the ro- possible and inspired generations to failed to counsel me on all things re- tunda this November. lated to space and NASA, and I appre- Bravely pursuing the unknown, these study, question, and explore the world ciate his commitment to our country four individuals helped this Nation beyond our own planet. For that, they and to our space program. achieve scientific and technological ad- have not only left a mark on history Mr. Speaker, the last Congress passed vancements which inspired the world. but on the will and determination of legislation, signed by the President, Mr. Speaker, Neil Armstrong was the mankind. authorizing the Congressional Gold spacecraft commander for Apollo 11, the As President John F. Kennedy noted Medal for these brave astronauts. The first manned lunar landing mission in in a speech to Congress on May 25, 1961, legislation before us today, S. Con. history. He was the first person to land ‘‘I believe that this Nation should com- Res. 29, authorizes the use of the Cap- a craft on the Moon and the first to mit itself to achieving the goal, before itol rotunda on November 16, some 43 step foot on its surface. His immortal this decade is out, of landing a man on days hence, to formally make the words are forever etched in our na- the Moon and returning him safely to award. tional memory. the Earth.’’ And so we did. ‘‘Buzz’’ Aldrin piloted the Lunar I urge all of my colleagues to join me I support the resolution and urge all Module ‘‘Eagle’’ and was the second today in supporting this concurrent Members to support it as well. person to walk on the Moon. resolution, and I reserve the balance of Mr. BRADY of Pennsylvania. I thank Michael Collins piloted the Command my time. the gentleman from Mississippi, my Module ‘‘Columbia’’ in lunar orbit and Mr. HARPER. Mr. Speaker, I yield friend. helped his fellow Apollo 11 astronauts such time as he may consume to the I urge all Members to support this complete their mission on the Moon. gentleman from Texas (Mr. HALL), the resolution, and I yield back the balance Seven-and-a-half years earlier, John distinguished chairman of the Com- of my time. Glenn paved the way for these achieve- mittee on Science, Space, and Tech- Mr. HARPER. Mr. Speaker, I would ments by becoming the first American nology. like to thank Chairman LUNGREN and to orbit the Earth in February of 1962. Mr. HALL. I thank the gentleman for Ranking Member BRADY for their sup- Two years ago, on the 40th anniver- yielding. port on this matter. sary of Apollo 11’s historic lunar land- Mr. Speaker, I rise in strong support I urge my colleagues to support this ing, the New Frontier Congressional of Senate Concurrent Resolution 29, concurrent resolution, and I yield back Gold Medal Act was passed by Con- authorizing the use of the Capitol ro- the balance of my time. gress. Forty-two years ago, in July of tunda to present the Congressional Mr. PASCRELL. Mr. Speaker, I rise today in 1969, millions of Americans were trans- Gold Medal to the crew of Apollo 11— support of S. Con. Res. 29, which would au- fixed on a place over a quarter of a mil- Buzz Aldrin, Neil Armstrong, and Mike thorize the use of the Capitol rotunda for an lion miles away. Eyes watched as we Collins—and to the first American to event on November 16, 2011 to present Neil stepped into the unknown, walked on orbit the Earth, John H. Glenn. A. Armstrong, Edwin E. ‘‘Buzz’’ Aldrin, Jr., Mi- the Moon and made history. These great Americans need no intro- chael Collins, and John Herschel Glenn, Jr., Mr. Speaker, I am pleased to present duction. Yet no matter their heroic ac- with the Congressional Gold Medal, the high- this resolution today, and I urge my complishments, it is well worth re- est civilian award that this nation can bestow

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6483 on an individual. I would like to call to your at- The rotunda of the United States Capitol of- LEGISLATION AND SUPPORTING tention in particular the deeds of one of those fers the perfect venue to show the necessary DOCUMENTS IMPLEMENTING outstanding individuals, ‘‘Buzz’’ Aldrin. respect to three men who risked their lives to UNITED STATES-COLOMBIA Buzz Aldrin was born at Mountainside Hos- change the course of history in the name of TRADE PROMOTION AGREE- pital in New Jersey in 1930. He graduated the United States of America. In the tension of MENT—MESSAGE FROM THE from Montclair High School in 1946, turning PRESIDENT OF THE UNITED the Cold War, when it seemed the existence down a scholarship at the Massachusetts In- STATES (H. DOC. NO. 112–58) of the free world had been brought into ques- stitute of Technology in favor of the chance to The SPEAKER pro tempore laid be- attend the United States Military Academy at tion, these three men stepped directly into harm’s way in service to their country. A cere- fore the House the following message West Point, where he graduated third in his from the President of the United mony in the rotunda will evoke the honor and class in 1951. I am proud to represent States; which was read and, together Montclair, and I am sure that the citizens of respect that we owe to these three brave men, with the accompanying papers, referred my Eighth District would agree that Buzz and I offer my full support for the use of this to the Committee on Ways and Means Aldrin is one of our most distinguished natives. space. and ordered to be printed: After graduating from West Point, Aldrin re- The Congressional Gold Medal is an award ceived his commission as a second lieutenant To the Congress of the United States: in the United States Air Force. He flew 66 bestowed by Congress for outstanding deeds I am pleased to transmit legislation combat missions during the Korean War, and or acts of service to the security, prosperity, and supporting documents to imple- shot down two enemy fighters during his dis- and national interest of the United States. The ment the United States-Colombia tinguished service there. Following the war, Congressional Gold Medal is the highest civil- Trade Promotion Agreement (Agree- Aldrin served as an instructor at the U.S. Air ian award, and these men are deserving re- ment). The Agreement is an important part of my Administration’s efforts to Force Academy, and later earned his Doctor cipients. spur economic growth, increase ex- of Science Degree from MIT. In 1963, he was The importance of this event is particularly selected to become a NASA astronaut. ports, and create jobs in the United On July 20th, 1969, Buzz Aldrin walked on relevant to the 18th district of Texas given the States, while promoting our core val- the moon as a member of the crew of NASA’s city of Houston’s role in the Apollo legacy. Not ues. The Agreement will create signifi- Apollo 11 mission. He was the second human long after President Kennedy set our nation on cant new opportunities for American being ever on the moon, following his the course of putting a man on the moon, workers, farmers, ranchers, businesses, crewmate Neil Armstrong. He is the first astro- Houston became a key player in the realiza- and consumers by opening the Colom- naut to both spacewalk and set foot on the tion of that goal. Before uttering his famous bian market and eliminating barriers moon. phrase, Neil Armstrong, communicated with to U.S. goods, services, and invest- ment. Since his retirement from active duty in Johnson Space Center’s Mission Control Cen- 1972 after 21 years of service, Col. Aldrin con- The Agreement also represents a his- ter from the surface of the moon, stating toric development in our relations with tinues to advocate for space travel, appearing ‘‘Houston, the Eagle has landed.’’ The historic repeatedly on television, in print, and in per- Colombia. Colombia is a steadfast stra- lunar landing remains a cornerstone of the son around the country. He has helped NASA tegic partner of the United States and to develop new training techniques, and has American legacy, and at a time when the very a leader in the region. The Agreement proposed innovative new ideas for manned existence of NASA sits in question, it is espe- reflects the commitment of the United missions to the planet Mars and its moons. As cially important that we deliver a ceremony States to supporting democracy and an author, he has published two science-fic- that will propel the memory of NASA pioneers economic growth in Colombia. It will tion novels, two autobiographies, and several into future generations. also help Colombia battle production of illegal crops by creating alternative children’s books. Neil A. Armstrong, Edwin E. ‘‘Buzz’’ Aldrin, Col. Aldrin has been honored with countless economic opportunities. Jr., Michael Collins, and John Herschel Glenn, awards and distinctions for his service with the Under the Agreement, tariffs on over Jr. were called to service by their country, in U.S. Air Force, with NASA, and to the country. 80 percent of U.S. consumer and indus- These awards include the Air Force Distin- a time when two great nations challenged trial exports will be eliminated imme- guished Service Medal, the NASA Exceptional each other and boldly raced into space. In the diately. United States agricultural ex- Service Medal, the Legion of Merit, and the bleak years of the Cold War, we conquered a ports in particular will enjoy substan- Presidential Medal of Freedom. Buzz Aldrin new frontier, and in turn understood things tial new improvements in access to Co- also has a star on the Hollywood Walk of about the universe we never thought possible. lombia’s market. Currently, no U.S. Fame, and was inducted into the New Jersey These men played an important role in Amer- agricultural exports enjoy duty-free Hall of Fame in 2007. It is fitting that he now ican history that will benefit generations to access to Colombia. Once the Agree- ment enters into force, almost 70 per- be bestowed the Congressional Gold Medal come, and are well deserving of this honor. The job of a United States Congressman in- cent, by value, of current U.S. agricul- volves much that is rewarding, yet nothing It is in a spirit of deep appreciation that I am tural exports will be able to enter Co- compares to recognizing and commemorating pleased to join my colleagues in supporting S. lombia duty-free immediately. In addi- the achievements of brave heroes such as Con. Res 29, authorizing the use of the ro- tion, the Agreement will give Amer- Buzz Aldrin. tunda of the United States Capitol for an event ican service providers greater access to Mr. Speaker, I ask that you join our col- to present the Congressional Gold Medal, col- Colombia’s $134 billion services mar- leagues, the citizens of New Jersey’s Eighth lectively, to Neil A. Armstrong, Edwin E. ket. This will help to level the playing District, and me in recognizing Edwin E. ‘‘Buzz’’ Aldrin, Jr., Michael Collins, and John field, since 91 percent of our imports from Colombia have enjoyed duty-free ‘‘Buzz’’ Aldrin, Jr. and his colleagues for their Herschel Glenn, Jr., in recognition of their sig- access to our market under U.S. trade outstanding service to this nation in the name nificant contributions to society. of science, education, and discovery. preference programs. Ms. JACKSON LEE of Texas. Mr. Speaker, The SPEAKER pro tempore. The The Agreement contains state of the I rise today in strong support of Senate Con- question is on the motion offered by art provisions to help protect and en- current Resolution 29 authorizing the use of the gentleman from Mississippi (Mr. force intellectual property rights, re- the rotunda of the United States Capitol for an HARPER) that the House suspend the duce regulatory red tape, and eliminate event to present the Congressional Gold rules and concur in the concurrent res- regulatory barriers to U.S. exports. Medal, collectively, to Neil A. Armstrong, olution, S. Con. Res. 29. The Agreement also contains the high- Edwin E. ‘‘Buzz’’ Aldrin, Jr., Michael Collins, est standards for protecting labor and John Herschel Glenn, Jr., in recognition of The question was taken; and (two- rights, carrying out covered environ- their significant contributions to society. Their thirds being in the affirmative) the mental agreements, and ensuring that hard work and perseverance exemplify the rules were suspended and the concur- key domestic labor and environmental work ethic we stand for as a nation, and I can rent resolution was concurred in. laws are enforced, combined with think of no place better than the rotunda to A motion to reconsider was laid on strong remedies for noncompliance. Co- honor their leadership and sacrifice in service the table. lombia has already made significant to this country. reforms related to the obligations it

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6484 CONGRESSIONAL RECORD — HOUSE October 3, 2011 will have under the labor chapter. A The Agreement also represents an b 1710 number of these steps have been taken important development in our rela- LEGISLATION AND SUPPORTING in fulfillment of the commitments Co- tions with Panama, and accords with DOCUMENTS IMPLEMENTING the goal, as expressed by the Congress lombia made in the agreed Action Plan UNITED STATES-KOREA FREE in the Caribbean Basin Trade Partner- Related to Labor Rights that President TRADE AGREEMENT—MESSAGE ship Act, to conclude comprehensive, Santos and I announced on April 7. Co- FROM THE PRESIDENT OF THE mutually advantageous trade agree- lombia must successfully implement UNITED STATES (H. DOC. NO. 112– ments with beneficiary countries of the key elements of the Action Plan before 60) I will bring the Agreement into force. Caribbean Basin Initiative trade pref- This Agreement forms an integral erence program. The Agreement fur- The SPEAKER pro tempore laid be- part of my Administration’s larger ther reflects a commitment on the part fore the House the following message strategy of doubling exports by the end of the United States to sustained en- from the President of the United of 2014 through opening markets gagement in support of democracy, States; which was read and, together around the world. In addition, the economic growth, and opportunity in with the accompanying papers, referred Agreement provides an opportunity to Panama and the region. to the Committee on Ways and Means strengthen our economic and political Panama is one of the fastest growing and ordered to be printed: ties with the Andean region, and un- economies in Latin America. Upon To the Congress of the United States: derpins U.S. support for democracy entry into force of the Agreement, I am pleased to transmit legislation while contributing to further hemi- Panama will immediately eliminate its and supporting documents to imple- spheric integration and economic tariffs on over 87 percent of U.S. ex- ment the United States-Korea Free growth in the United States. This ports of consumer and industrial goods Trade Agreement (Agreement), a land- Agreement is vital to ensuring Colom- and on more than half of U.S. exports mark agreement that supports Amer- bia continues on its trajectory of posi- of agricultural goods. Panama will ican jobs, advances U.S. interests, and tive change. eliminate most other duties on U.S. ex- reflects America’s fundamental values. As a part of an ambitious trade agen- ports within a 15–year transition pe- The Agreement levels the playing da, it is important that the Congress riod. Eighty-five percent of U.S. busi- field for U.S. businesses, workers, renew a strong and robust Trade Ad- nesses exporting to Panama are small farmers, ranchers, manufacturers, in- justment Assistance Program con- and medium-sized enterprises. The vestors, and service providers by offer- sistent with reforms enacted in 2009. elimination of duties provided for in ing them unprecedented access to Ko- Renewal of that program is necessary the Agreement will help to level the rea’s nearly $1 trillion economy. The to support Americans who need train- playing field for them and for all U.S. Agreement eliminates tariffs on over 95 ing and other services when their jobs exporters, based on 2010 trade flows, as percent of U.S. exports of industrial are adversely affected by trade. As we approximately 98 percent of our im- and consumer goods to Korea within ports from Panama already enjoy duty- expand access to other markets abroad, the first 5 years and, together with the free access to the U.S. market. In addi- we need to ensure that American work- agreement entered into through an ex- tion, the Agreement will give Amer- ers are provided the tools needed to change of letters in February 2011, ad- ican service providers greater access to take advantage of these opportunities dresses key outstanding concerns of Panama’s $20.6 billion services market. and are not left behind in the global American automakers and workers re- The Agreement contains state of the garding the lack of a level playing field economy. art provisions to help protect and en- Approval of the Agreement is there- in Korea’s auto market. The Agree- force intellectual property rights, re- fore in our national interest. I urge the ment also ensures that almost two- duce regulatory red tape, and eliminate Congress to enact this legislation thirds of current U.S. agricultural ex- regulatory barriers to U.S. exports. promptly. ports will enter Korea duty-free imme- The Agreement also contains the high- diately. In addition, the Agreement BARACK OBAMA. est standards for protecting labor THE WHITE HOUSE, October 3, 2011. will give American service providers rights, carrying out covered environ- much greater access to Korea’s $580 bil- f mental agreements, and ensuring that lion services market. LEGISLATION AND SUPPORTING key domestic labor and environmental The Agreement contains state of the laws are enforced, combined with DOCUMENTS IMPLEMENTING art provisions to help protect and en- strong remedies for noncompliance. UNITED STATES-PANAMA TRADE force intellectual property rights, re- Panama has already made significant PROMOTION AGREEMENT—MES- duce regulatory red tape, and eliminate reforms related to the obligations it SAGE FROM THE PRESIDENT OF regulatory barriers to U.S. exports. will have under the labor chapter. THE UNITED STATES (H. DOC. The Agreement also contains the high- NO. 112–59) As a part of an ambitious trade agen- da, it is important that the Congress est standards for protecting labor The SPEAKER pro tempore laid be- rights, carrying out covered environ- fore the House the following message renew a strong and robust Trade Ad- justment Assistance Program con- mental agreements, and ensuring that from the President of the United sistent with reforms enacted in 2009. key domestic labor and environmental States; which was read and, together Renewal of that program is necessary laws are enforced, combined with with the accompanying papers, referred to support Americans who need train- strong remedies for noncompliance. to the Committee on Ways and Means ing and other services when their jobs Increased U.S. exports expected and ordered to be printed: are adversely affected by trade. As we under the Agreement will support more To the Congress of the United States: expand access to other markets abroad, than 70,000 American jobs. The Agree- I am pleased to transmit legislation we need to ensure that American work- ment will bolster our economic com- and supporting documents to imple- ers are provided the tools needed to petitiveness in the Asia-Pacific region ment the United States-Panama Trade take advantage of these opportunities and our regional security interests. Promotion Agreement (Agreement). and are not left behind in the global The United States once was the top The Agreement is an important part of economy. supplier of goods exported to Korea. my Administration’s efforts to spur Approval of the Agreement is in our Over the past decade, our share of Ko- economic growth, increase exports, and national interest. The Agreement will rea’s import market for goods has fall- create jobs here in the United States, strengthen our economic and political en from 21 percent to just 10 percent— while promoting our core values. The ties with Panama, support democracy, behind China and Japan, and barely Agreement will create significant new and contribute to further economic in- ahead of the European Union (EU). The opportunities for American workers, tegration in our hemisphere and eco- EU and several other trading partners farmers, ranchers, manufacturers, in- nomic growth in the United States. I are negotiating or have recently con- vestors, and businesses by opening urge the Congress to enact this legisla- cluded trade agreements with Korea. If Panama’s market and eliminating bar- tion promptly. the United States-Korea trade agree- riers to U.S. goods, services, and in- BARACK OBAMA. ment is not approved, the United vestment. THE WHITE HOUSE, October 3, 2011. States could lose further market share,

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6485 export-supported jobs, and economic Accordingly (at 5 o’clock and 15 min- (Rept. No. 112–231) on the resolution (H. growth opportunities, with damage to utes p.m.), the House stood in recess Res. 419) providing for consideration of our leadership position in the region. until approximately 6:30 p.m. the bill (H.R. 2681) to provide addi- As a part of an ambitious trade agen- f tional time for the Administrator of da, it is important that the Congress the Environmental Protection Agency renew a strong and robust Trade Ad- b 1830 to issue achievable standards for ce- ment manufacturing facilities, and for justment Assistance Program con- AFTER RECESS sistent with reforms enacted in 2009. other purposes, and providing for con- Renewal of that program is necessary The recess having expired, the House sideration of the bill (H.R. 2250) to pro- to support Americans who need train- was called to order by the Speaker pro vide additional time for the Adminis- ing and other services when their jobs tempore (Mr. YODER) at 6 o’clock and trator of the Environmental Protection are adversely affected by trade. As we 30 minutes p.m. Agency to issue achievable standards expand access to other markets abroad, f for industrial, commercial, and institu- we need to ensure that American work- tional boilers, process heaters, and in- ers are provided the tools needed to DIRECTING THE CLERK OF THE cinerators, and for other purposes, take advantage of these opportunities HOUSE OF REPRESENTATIVES which was referred to the House Cal- and are not left behind in the global TO MAKE A FURTHER CORREC- endar and ordered to be printed. TION IN THE ENROLLMENT OF economy. f Approving and implementing the H.R. 2608 Agreement is an opportunity to shape Mr. ROGERS of Kentucky. Mr. ANNOUNCEMENT BY THE SPEAKER history. We must seize the moment to- Speaker, I send to the desk a concur- PRO TEMPORE gether to support jobs for the Amer- rent resolution and ask unanimous The SPEAKER pro tempore. Pursu- ican people today and to sustain U.S. consent for its immediate consider- ant to clause 8 of rule XX, proceedings leadership well into the 21st century. I ation. will resume on motions to suspend the urge the Congress to enact this legisla- The Clerk read the title of the con- rules previously postponed. tion promptly. current resolution. Votes will be taken in the following BARACK OBAMA. The SPEAKER pro tempore. Is there order: THE WHITE HOUSE, October 3, 2011. objection to the request of the gen- H.R. 686, by the yeas and nays; f tleman from Kentucky? H.R. 765, by the yeas and nays; There was no objection. H.R. 670, by the yeas and nays. EXCHANGE OF LETTERS REGARD- The text of the concurrent resolution The first electronic vote will be con- ING IMPLEMENTATION OF is as follows: ducted as a 15-minute vote. Remaining UNITED STATES-KOREA FREE H. CON. RES. 83 electronic votes will be conducted as 5- TRADE AGREEMENT—MESSAGE Resolved by the House of Representatives (the minute votes. FROM THE PRESIDENT OF THE Senate concurring), That, in the enrollment of f UNITED STATES (H. DOC. NO. 112– the bill (H.R. 2608) making continuing appro- 61) priations for fiscal year 2012, and for other UTAH NATIONAL GUARD The SPEAKER pro tempore laid be- purposes, the Clerk of the House of Rep- READINESS ACT fore the House the following message resentatives shall make the following fur- ther correction: The SPEAKER pro tempore. The un- from the President of the United Amend section 124 to read as follows: finished business is the vote on the mo- States; which was read and, together ‘‘SEC. 124. Section 8909a(d)(3)(A)(v) of title tion to suspend the rules and pass the with the accompanying papers, referred 5, United States Code, shall be applied by bill (H.R. 686) to require the convey- to the Committee on Ways and Means substituting the date specified in section ance of certain public land within the and ordered to be printed: 106(3) of this Act for the date specified in boundaries of Camp Williams, Utah, to such section 8909a(d)(3)(A)(v).’’. To the Congress of the United States: support the training and readiness of By separate message, I have trans- The concurrent resolution was agreed the Utah National Guard, as amended, mitted to the Congress a bill to ap- to. on which the yeas and nays were or- prove and implement the United A motion to reconsider was laid on dered. States-Korea Free Trade Agreement. In the table. The Clerk read the title of the bill. that message, I highlighted new com- f The SPEAKER pro tempore. The mitments that my Administration, in question is on the motion offered by REPORT ON RESOLUTION PRO- close coordination with the Congress, the gentleman from Utah (Mr. BISHOP) VIDING FOR CONSIDERATION OF successfully negotiated to provide ad- that the House suspend the rules and SENATE AMENDMENT TO H.R. ditional market access and a level pass the bill, as amended. 2832, TRADE ADJUSTMENT AS- playing field for American auto manu- The vote was taken by electronic de- SISTANCE EXTENSION ACT OF facturers and workers exporting to vice, and there were—yeas 400, nays 0, 2011 Korea. not voting 33, as follows: Herewith I am transmitting the let- Mr. NUGENT, from the Committee [Roll No. 742] ters exchanged between the United on Rules, submitted a privileged report YEAS—400 (Rept. No. 112–230) on the resolution (H. States and Korea that contain those Ackerman Berman Bucshon commitments, which further enhance Res. 418) providing for consideration of Adams Biggert Buerkle the most commercially significant the Senate amendment to the bill (H.R. Aderholt Bilbray Burgess trade agreement the United States has 2832) to extend the Generalized System Alexander Bilirakis Burton (IN) Altmire Bishop (GA) Butterfield concluded in more than 17 years. The of Preferences, and for other purposes, Amash Bishop (NY) Calvert documents I have transmitted in these which was referred to the House Cal- Amodei Bishop (UT) Camp two messages constitute the entire endar and ordered to be printed. Andrews Black Canseco Austria Blackburn Cantor United States-Korea trade agreement f Baca Blumenauer Capito package. Bachus Bonner Capps BARACK OBAMA. REPORT ON RESOLUTION PRO- Baldwin Bono Mack Capuano THE WHITE HOUSE, October 3, 2011. VIDING FOR CONSIDERATION OF Barletta Boren Cardoza H.R. 2681, CEMENT SECTOR REGU- Barrow Boswell Carnahan f Bartlett Boustany Carney LATORY RELIEF ACT OF 2011; Barton (TX) Brady (PA) Carson (IN) RECESS AND PROVIDING FOR CONSIDER- Bass (CA) Brady (TX) Cassidy ATION OF H.R. 2250, EPA REGU- Bass (NH) Braley (IA) Castor (FL) The SPEAKER pro tempore. Pursu- Becerra Brooks Chabot ant to clause 12(a) of rule I, the Chair LATORY RELIEF ACT OF 2011 Benishek Broun (GA) Chaffetz declares the House in recess until ap- Mr. NUGENT, from the Committee Berg Brown (FL) Chandler proximately 6:30 p.m. today. on Rules, submitted a privileged report Berkley Buchanan Chu

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6486 CONGRESSIONAL RECORD — HOUSE October 3, 2011 Cicilline Hensarling Miller, George Stutzman Turner (OH) Webster Canseco Grimm McKeon Clarke (MI) Herger Moore Sullivan Upton West Cantor Guinta McKinley Clarke (NY) Herrera Beutler Mulvaney Sutton Van Hollen Westmoreland Capito Guthrie McMorris Clay Higgins Murphy (CT) Terry Vela´ zquez Whitfield Capps Hahn Rodgers Cleaver Himes Murphy (PA) Thompson (CA) Visclosky Wilson (FL) Capuano Hall McNerney Clyburn Hinojosa Myrick Thompson (MS) Walberg Wilson (SC) Cardoza Hanabusa Meehan Coble Hirono Nadler Thompson (PA) Walden Wittman Carnahan Hanna Meeks Coffman (CO) Hochul Napolitano Thornberry Walsh (IL) Wolf Carney Harper Mica Cohen Holden Neal Tiberi Walz (MN) Womack Carson (IN) Harris Michaud Cole Holt Neugebauer Tierney Wasserman Woodall Cassidy Hartzler Miller (FL) Conaway Honda Noem Tipton Schultz Woolsey Castor (FL) Hastings (FL) Miller (MI) Connolly (VA) Hoyer Nugent Tonko Waters Yarmuth Chabot Hastings (WA) Miller, Gary Conyers Huelskamp Nunes Tsongas Watt Yoder Chaffetz Hayworth Miller, George Cooper Huizenga (MI) Nunnelee Turner (NY) Waxman Young (IN) Chandler Heck Moore Chu Heinrich Mulvaney Costa Hultgren Olson NOT VOTING—33 Courtney Hunter Owens Cicilline Hensarling Murphy (CT) Cravaack Hurt Palazzo Akin Gutierrez Rokita Clarke (MI) Herger Murphy (PA) Crawford Inslee Pallone Bachmann Hinchey Rooney Clarke (NY) Herrera Beutler Myrick Critz Israel Pascrell Campbell Johnson, E. B. Rush Clay Higgins Nadler Crowley Issa Pastor (AZ) Carter Kingston Sanchez, Loretta Cleaver Himes Napolitano Cuellar Jackson (IL) Paulsen Costello Lummis Schmidt Clyburn Hinojosa Neal Culberson Jackson Lee Payne Crenshaw Moran Shuler Coble Hirono Neugebauer Cummings (TX) Pearce Engel Olver Speier Coffman (CO) Hochul Noem Davis (CA) Jenkins Pelosi Filner Paul Towns Cohen Holden Nugent Davis (IL) Johnson (GA) Pence Giffords Polis Welch Cole Holt Nunes Davis (KY) Johnson (IL) Perlmutter Graves (MO) Rahall Young (AK) Conaway Honda Nunnelee DeFazio Johnson (OH) Peters Grijalva Rohrabacher Young (FL) Connolly (VA) Hoyer Olson DeGette Johnson, Sam Peterson Conyers Huelskamp Owens DeLauro Jones Petri b 1855 Cooper Huizenga (MI) Palazzo Denham Jordan Pingree (ME) Costa Hultgren Pallone Dent Kaptur Pitts So (two-thirds being in the affirma- Courtney Hunter Pascrell Cravaack Hurt Pastor (AZ) DesJarlais Keating Platts tive) the rules were suspended and the Crawford Inslee Paulsen Deutch Kelly Poe (TX) bill, as amended, was passed. Critz Israel Payne Diaz-Balart Kildee Pompeo The result of the vote was announced Crowley Issa Pearce Dicks Kind Posey Cuellar Jackson (IL) Pelosi Dingell King (IA) Price (GA) as above recorded. Culberson Jackson Lee Pence Doggett King (NY) Price (NC) A motion to reconsider was laid on Cummings (TX) Perlmutter Dold Kinzinger (IL) Quayle the table. Davis (CA) Jenkins Peters Donnelly (IN) Kissell Quigley Davis (IL) Johnson (IL) Petri Doyle Kline Rangel Stated for: Davis (KY) Johnson (OH) Pingree (ME) Dreier Kucinich Reed Mr. FILNER. Mr. Speaker, on rollcall 742, I DeFazio Johnson, Sam Pitts Labrador Duffy Rehberg was away from the Capitol due to a prior com- DeGette Jones Platts Duncan (SC) Lamborn Reichert mitment to my constituents. Had I been DeLauro Jordan Poe (TX) Duncan (TN) Lance Renacci present, I would have voted ‘‘yea.’’ Denham Kaptur Pompeo Edwards Landry Reyes Dent Keating Posey Ellison Langevin Ribble f DesJarlais Kelly Price (GA) Ellmers Lankford Richardson Deutch Kildee Price (NC) Emerson Larsen (WA) Richmond SKI AREA RECREATIONAL OPPOR- Diaz-Balart Kind Quayle Eshoo Larson (CT) Rigell Dicks King (IA) Quigley Farenthold Latham Rivera TUNITY ENHANCEMENT ACT OF Dingell King (NY) Rangel Farr LaTourette Roby 2011 Doggett Kinzinger (IL) Reed Fattah Latta Roe (TN) Dold Kissell Rehberg Fincher Lee (CA) Rogers (AL) The SPEAKER pro tempore. The un- Donnelly (IN) Kline Reichert Fitzpatrick Levin Rogers (KY) finished business is the vote on the mo- Doyle Kucinich Renacci Flake Lewis (CA) Rogers (MI) tion to suspend the rules and pass the Dreier Labrador Reyes Fleischmann Lewis (GA) Ros-Lehtinen Duffy Lamborn Ribble Fleming Lipinski Roskam bill (H.R. 765) to amend the National Duncan (SC) Lance Richardson Flores LoBiondo Ross (AR) Forest Ski Area Permit Act of 1986 to Duncan (TN) Landry Richmond Forbes Loebsack Ross (FL) clarify the authority of the Secretary Edwards Langevin Rigell Fortenberry Lofgren, Zoe Rothman (NJ) of Agriculture regarding additional Ellison Lankford Rivera Foxx Long Roybal-Allard Ellmers Larsen (WA) Roby Frank (MA) Lowey Royce recreational uses of National Forest Emerson Larson (CT) Roe (TN) Franks (AZ) Lucas Runyan System land that is subject to ski area Eshoo Latham Rogers (AL) Frelinghuysen Luetkemeyer Ruppersberger permits, and for other purposes, on Farenthold LaTourette Rogers (KY) Fudge Luja´ n Ryan (OH) Farr Latta Rogers (MI) Gallegly Lungren, Daniel Ryan (WI) which the yeas and nays were ordered. Fattah Lee (CA) Ros-Lehtinen Garamendi E. Sa´ nchez, Linda The Clerk read the title of the bill. Fincher Levin Roskam Gardner Lynch T. The SPEAKER pro tempore. The Fitzpatrick Lewis (CA) Ross (AR) Garrett Mack Sarbanes question is on the motion offered by Flake Lewis (GA) Ross (FL) Gerlach Maloney Scalise Fleischmann Lipinski Rothman (NJ) Gibbs Manzullo Schakowsky the gentleman from Utah (Mr. BISHOP) Fleming LoBiondo Royce Gibson Marchant Schiff that the House suspend the rules and Flores Loebsack Runyan Gingrey (GA) Marino Schilling pass the bill. Forbes Lofgren, Zoe Ruppersberger Gohmert Markey Schock Fortenberry Long Ryan (OH) Gonzalez Matheson Schrader This will be a 5-minute vote. Foxx Lowey Ryan (WI) Goodlatte Matsui Schwartz The vote was taken by electronic de- Frank (MA) Lucas Sa´ nchez, Linda Gosar McCarthy (CA) Schweikert vice, and there were—yeas 394, nays 0, Franks (AZ) Luetkemeyer T. Gowdy McCarthy (NY) Scott (SC) not voting 39, as follows: Frelinghuysen Luja´ n Sarbanes Granger McCaul Scott (VA) Fudge Lungren, Daniel Scalise Graves (GA) McClintock Scott, Austin [Roll No. 743] Gallegly E. Schakowsky Green, Al McCollum Scott, David YEAS—394 Garamendi Lynch Schiff Green, Gene McCotter Sensenbrenner Gardner Mack Schilling Griffin (AR) McDermott Serrano Ackerman Bass (NH) Boren Garrett Maloney Schock Griffith (VA) McGovern Sessions Adams Becerra Boswell Gerlach Manzullo Schrader Grimm McHenry Sewell Aderholt Benishek Boustany Gibbs Marchant Schwartz Guinta McIntyre Sherman Alexander Berg Brady (PA) Gibson Marino Schweikert Guthrie McKeon Shimkus Altmire Berkley Brady (TX) Gingrey (GA) Matheson Scott (SC) Hahn McKinley Shuster Amash Berman Braley (IA) Gohmert Matsui Scott (VA) Hall McMorris Simpson Amodei Biggert Brooks Gonzalez McCarthy (CA) Scott, Austin Hanabusa Rodgers Sires Andrews Bilbray Broun (GA) Goodlatte McCarthy (NY) Scott, David Hanna McNerney Slaughter Austria Bilirakis Brown (FL) Gosar McCaul Sensenbrenner Harper Meehan Smith (NE) Baca Bishop (GA) Buchanan Gowdy McClintock Serrano Harris Meeks Smith (NJ) Bachus Bishop (NY) Bucshon Granger McCollum Sessions Hartzler Mica Smith (TX) Baldwin Bishop (UT) Buerkle Graves (GA) McCotter Sewell Hastings (FL) Michaud Smith (WA) Barletta Black Burgess Green, Al McDermott Sherman Hastings (WA) Miller (FL) Southerland Barrow Blackburn Burton (IN) Green, Gene McGovern Shimkus Hayworth Miller (MI) Stark Bartlett Blumenauer Butterfield Griffin (AR) McHenry Shuster Heck Miller (NC) Stearns Barton (TX) Bonner Calvert Griffith (VA) McIntyre Simpson Heinrich Miller, Gary Stivers Bass (CA) Bono Mack Camp

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6487 Sires Thornberry Waters Bilbray Forbes Loebsack Rothman (NJ) Shimkus Upton Slaughter Tiberi Watt Bilirakis Fortenberry Lofgren, Zoe Roybal-Allard Shuster Van Hollen Smith (NE) Tierney Waxman Bishop (GA) Foxx Long Royce Sires Vela´ zquez Smith (NJ) Tipton Webster Bishop (NY) Frank (MA) Lowey Runyan Slaughter Visclosky Smith (TX) Tonko West Bishop (UT) Franks (AZ) Lucas Ruppersberger Smith (NE) Walberg Smith (WA) Tsongas Westmoreland Black Frelinghuysen Luetkemeyer Ryan (OH) Smith (NJ) Walden Southerland Turner (NY) Whitfield Blackburn Fudge Luja´ n Ryan (WI) Smith (TX) Walsh (IL) Stark Turner (OH) Wilson (FL) Blumenauer Gallegly Lungren, Daniel Sa´ nchez, Linda Smith (WA) Walz (MN) Stearns Upton Wilson (SC) Bonner Garamendi E. T. Southerland Wasserman Stivers Van Hollen Wittman Bono Mack Gardner Lynch Sarbanes Stark Schultz Stutzman Visclosky Wolf Boren Garrett Mack Scalise Stearns Waters Sullivan Walberg Womack Boswell Gerlach Maloney Schakowsky Stivers Watt Sutton Walden Woodall Boustany Gibbs Manzullo Schiff Stutzman Waxman Terry Walsh (IL) Woolsey Brady (PA) Gibson Marchant Schilling Sullivan Webster Thompson (CA) Walz (MN) Yarmuth Brady (TX) Gingrey (GA) Marino Schock Sutton West Thompson (MS) Wasserman Yoder Braley (IA) Gohmert Markey Schrader Terry Westmoreland Thompson (PA) Schultz Young (IN) Brooks Gonzalez Matheson Schwartz Thompson (CA) Whitfield Schweikert Thompson (MS) Wilson (FL) NOT VOTING—39 Broun (GA) Goodlatte Matsui Brown (FL) Gosar McCarthy (CA) Scott (SC) Thompson (PA) Wilson (SC) Akin Johnson (GA) Rokita Buchanan Gowdy McCarthy (NY) Scott (VA) Thornberry Wittman Bachmann Johnson, E. B. Rooney Bucshon Granger McCaul Scott, Austin Tiberi Wolf Campbell Kingston Roybal-Allard Buerkle Graves (GA) McClintock Scott, David Tierney Womack Carter Lummis Rush Burgess Green, Al McCollum Sensenbrenner Tipton Woodall Costello Markey Sanchez, Loretta Burton (IN) Green, Gene McCotter Serrano Tonko Woolsey Crenshaw Miller (NC) Schmidt Butterfield Griffin (AR) McDermott Sessions Tsongas Yarmuth Engel Moran Shuler Calvert Griffith (VA) McGovern Sewell Turner (NY) Yoder Filner Olver Speier Camp Grimm McHenry Sherman Turner (OH) Young (IN) Giffords Paul Towns Canseco Guinta McIntyre NOT VOTING—36 Graves (MO) Peterson Vela´ zquez Cantor Guthrie McKeon Grijalva Polis Welch Capito Hahn McKinley Akin Gutierrez Rokita Gutierrez Rahall Young (AK) Capps Hall McMorris Bachmann Hinchey Rooney Hinchey Rohrabacher Young (FL) Capuano Hanabusa Rodgers Campbell Johnson, E. B. Rush McNerney Carter Kingston Sanchez, Loretta ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cardoza Hanna Carnahan Harper Meehan Costello Lummis Schmidt The SPEAKER pro tempore (during Carney Harris Meeks Crenshaw Moran Shuler the vote). There are less than 2 min- Carson (IN) Hartzler Mica Davis (IL) Olver Simpson Engel Paul Speier utes remaining. Cassidy Hastings (FL) Michaud Castor (FL) Hastings (WA) Miller (FL) Filner Polis Towns Giffords Price (GA) Welch b 1902 Chabot Hayworth Miller (MI) Chaffetz Heck Miller (NC) Graves (MO) Rahall Young (AK) So (two-thirds being in the affirma- Chandler Heinrich Miller, Gary Grijalva Rohrabacher Young (FL) tive) the rules were suspended and the Chu Hensarling Miller, George ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cicilline Herger Moore bill was passed. Clarke (MI) Herrera Beutler Mulvaney The SPEAKER pro tempore (during The result of the vote was announced Clarke (NY) Higgins Murphy (CT) the vote). There are 2 minutes remain- as above recorded. Clay Himes Murphy (PA) ing. A motion to reconsider was laid on Cleaver Hinojosa Myrick Clyburn Hirono Nadler the table. Coble Hochul Napolitano b 1910 Stated for: Coffman (CO) Holden Neal So (two-thirds being in the affirma- Mr. FILNER. Mr. Speaker, on rollcall 743, I Cohen Holt Neugebauer Cole Honda Noem tive) the rules were suspended and the was away from the Capitol due to a prior com- Conaway Hoyer Nugent bill was passed. mitment to my constituents. Had I been Connolly (VA) Huelskamp Nunes The result of the vote was announced present, I would have voted ‘‘yea.’’ Conyers Huizenga (MI) Nunnelee as above recorded. Cooper Hultgren Olson f Costa Hunter Owens A motion to reconsider was laid on Courtney Hurt Palazzo the table. CONVEYING SUBMERGED LANDS Cravaack Inslee Pallone Stated for: TO NORTHERN MARIANA ISLANDS Crawford Israel Pascrell Critz Issa Pastor (AZ) Mr. FILNER. Mr. Speaker, on rollcall 744, I The SPEAKER pro tempore. The un- Crowley Jackson (IL) Paulsen was away from the Capitol due to a prior com- finished business is the vote on the mo- Cuellar Jackson Lee Payne mitment to my constituents. Had I been Culberson (TX) Pearce tion to suspend the rules and pass the Cummings Jenkins Pelosi present, I would have voted ‘‘yea.’’ bill (H.R. 670) to convey certain sub- Davis (CA) Johnson (GA) Pence merged lands to the Commonwealth of Davis (KY) Johnson (IL) Perlmutter f the Northern Mariana Islands in order DeFazio Johnson (OH) Peters DeGette Johnson, Sam Peterson PERSONAL EXPLANATION to give that territory the same benefits DeLauro Jones Petri in its submerged lands as Guam, the Denham Jordan Pingree (ME) Mr. CARTER. Mr. Speaker, on rollcall Nos. Virgin Islands, and American Samoa Dent Kaptur Pitts 742, 743, and 744, had I been present, I DesJarlais Keating Platts would have voted ‘‘yea.’’ have in their submerged lands, on Deutch Kelly Poe (TX) which the yeas and nays were ordered. Diaz-Balart Kildee Pompeo The Clerk read the title of the bill. Dicks Kind Posey f The SPEAKER pro tempore. The Dingell King (IA) Price (NC) Doggett King (NY) Quayle PERSONAL EXPLANATION question is on the motion offered by Dold Kinzinger (IL) Quigley the gentleman from Utah (Mr. BISHOP) Donnelly (IN) Kissell Rangel Mr. GUTIERREZ. Mr. Speaker, I was un- that the House suspend the rules and Doyle Kline Reed avoidably absent for votes in the House Dreier Kucinich Rehberg Chamber today. I would like the RECORD to pass the bill. Duffy Labrador Reichert This will be a 5-minute vote. Duncan (SC) Lamborn Renacci show that, had I been present, I would have The vote was taken by electronic de- Duncan (TN) Lance Reyes voted ‘‘yea’’ on rollcall votes 742, 743 and vice, and there were—yeas 397, nays 0, Edwards Landry Ribble 744. Ellison Langevin Richardson not voting 36, as follows: Ellmers Lankford Richmond f [Roll No. 744] Emerson Larsen (WA) Rigell Eshoo Larson (CT) Rivera YEAS—397 Farenthold Latham Roby PERSONAL EXPLANATION Ackerman Austria Bass (CA) Farr LaTourette Roe (TN) Adams Baca Bass (NH) Fattah Latta Rogers (AL) Ms. CLARKE of New York. Mr. Speaker, I Aderholt Bachus Becerra Fincher Lee (CA) Rogers (KY) was unavoidably detained in my district and Alexander Baldwin Benishek Fitzpatrick Levin Rogers (MI) missed the votes on October 3, 2011. Had I Altmire Barletta Berg Flake Lewis (CA) Ros-Lehtinen been present, I would have voted ‘‘yea’’ on Amash Barrow Berkley Fleischmann Lewis (GA) Roskam Amodei Bartlett Berman Fleming Lipinski Ross (AR) rollcall No. 742, H.R. 686; rollcall No. 743, Andrews Barton (TX) Biggert Flores LoBiondo Ross (FL) H.R. 765; and rollcall No. 744, H.R. 670.

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6488 CONGRESSIONAL RECORD — HOUSE October 3, 2011 FURTHER MESSAGE FROM THE the fires and brave nearly insurmount- stiff and uncomfortable for a little PRESIDENT able odds to save their neighbors. The while; but after such a long, distin- A further message in writing from bravery that inspired those men to guished and committed career, it’s the President of the United States was save their neighbors is a trait that has about time he put those feet up and re- communicated to the House by Mr. come to define the Lemont Fire De- laxed for once. Williams, one of his secretaries. partment and the men and women who Thank you, Bob, for your commit- serve in it. ment to our State, the Nation, and the f Mr. Speaker, the Lemont Fire De- agriculture community. Congratula- MOTHER OF ALL TERRORISTS partment has worked very hard to be- tions on such an esteemed career. We come a pillar of service in my congres- wish you happiness and the best of luck (Mr. POE of Texas asked and was sional district. I would like to join my in future endeavors. given permission to address the House colleagues in congratulating them for for 1 minute.) f 125 years of distinguished service. Mr. POE of Texas. Mr. Speaker, the NEW UNION AND NONUNION JOBS Palestinian Authority has a new face f TO BE CREATED for its movement for statehood. It’s JUVENILE DIABETES RESEARCH (Mr. DREIER asked and was given Latifa Hmeid. Palestinians praise her (Mr. OLSON asked and was given per- permission to address the House for 1 as the ‘‘mother of seven prisoners’’ and mission to address the House for 1 minute and to revise and extend his re- the mother of a person called ‘‘Mar- minute and to revise and extend his re- marks.) tyr.’’ marks.) Mr. DREIER. Mr. Speaker, today is a These sons of hers are in prison for Mr. OLSON. Mr. Speaker, I rise today great day for many reasons. crimes against humanity. Rather than to raise awareness about the impor- First and foremost, the American mother of the year, it turns out she is tance of juvenile diabetes research. worker is going to have an oppor- really mother of all terrorists. One of Approximately 3 million Americans tunity, I believe, to gain access to new her sons, the Martyr, was a member of suffer from type 1 diabetes, also known markets in Colombia, Panama, and the military wing of Hamas, who as juvenile diabetes. More than 30,000 South Korea. Union and nonunion jobs planned and conducted the ambush and new people are diagnosed annually, in- are going to be created. murder of an Israeli intelligence offi- cluding 15,000 children. These individ- Another reason it’s a great day is cer. Her other sons are serving a total uals must take insulin daily to stay that, in just a few minutes, led by the of—get this—18 life sentences in prison. alive and must undergo multiple injec- distinguished chair of the Trade Sub- They have committed crimes, includ- tions or have insulin delivered through committee of the Ways and Means ing attempted murders, the murder of a pump. Committee, my friend from Houston seven Israeli citizens, and the involve- The Juvenile Diabetes Research (Mr. BRADY), who has been such a great ment in numerous terrorist attacks. Foundation is a leader in type 1 diabe- champion of trade, is going to talk This is the person the Palestinians tes research worldwide. The goals of ju- about the tremendous benefits that have leading the movement for state- venile diabetes research are straight- we’re going to see. I see that he’s going hood at the United Nations. Having forward: to cure type 1 diabetes, to de- to be joined at least by Mr. CANSECO, Mother Terrorist as the representative velop better ways to treat type 1 diabe- Mrs. BIGGERT, Mr. SMITH, Mr. DAVIS, for Palestinian statehood shows an ob- tes, and to prevent type 1 diabetes from Dr. BOUSTANY, Mr. HERGER, Mr. vious hatred and bigotry against Jews, occurring in those most susceptible. REICHERT, Mr. GRIFFIN, Mr. DOLD, the State of Israel, and the notion of This research means taking scientific maybe Ms. JENKINS, and maybe even peace. The Palestinians need to quit developments and translating them Angela Ellard for all I know, but lots of murdering in the name of religion and into cures, treatments, drugs, and other people. Oh, my gosh. Who else start honest bilateral negotiations therapies. have we got? TOM REED, of course, is in with Israel in the name of peace. The Mr. Speaker, by keeping our tax- the back of the Chamber, and he’s U.N. should not unilaterally allow Pal- payer investment in juvenile diabetes going to be a part of this. estinian statehood. Terrorists don’t de- research, one day soon we will find a Mr. Speaker, we are coming together serve a seat at the table. cure. in a bipartisan way. The President has And that’s just the way it is. f just hours ago set up these agreements f so that, again, union and nonunion RECOGNIZING BOB SCHOENFELDT workers are going to have a chance to LEMONT FIRE DEPARTMENT’S FOR HIS DISTINGUISHED CAREER have more jobs created as we open up 125TH ANNIVERSARY (Mr. THOMPSON of Pennsylvania these markets. (Mrs. BIGGERT asked and was given asked and was given permission to ad- I wish all of my colleagues were permission to address the House for 1 dress the House for 1 minute and to re- going to participate in this. Godspeed, minute and to revise and extend her re- vise and extend his remarks.) and thank you, thank you, thank you marks.) Mr. THOMPSON of Pennsylvania. for coming together for the American Mrs. BIGGERT. Mr. Speaker, I rise Mr. Speaker, I rise today to recognize a people. today to congratulate the Lemont Fire great friend and colleague, Bob f Department as it celebrates 125 years Schoenfeldt, for his long and distin- b 1920 of service. guished career in the field of agri- In 1886, the town fathers of Lemont culture. INSULTING AND DEMEANING adopted an ordinance that created a After more than 34 years of service, COMMENT BY MR. HERMAN CAIN volunteer fire department that con- Bob will be retiring this year from (Ms. JACKSON LEE of Texas asked sisted of 22 volunteers split into two USDA, where he served as the area di- and was given permission to address companies: the hose company and the rector for rural development in north- the House for 1 minute and to revise hook and ladder company. Since then, western Pennsylvania, which is home and extend her remarks.) the Lemont Fire Department has to a diverse array of the Common- Ms. JACKSON LEE of Texas. Mr. grown from a handful of volunteers to wealth’s agriculture industry. Speaker, all of us value constructive a force of 85 fire, EMT, administrative, Bob has been at the forefront of en- conversation and dialogue. In fact, I and support personnel. Every day, they suring agriculture continues to play a believe the Republican debates that protect the towns of Lemont, Darien, key role throughout Pennsylvania, es- have been occurring are valuable and Bolingbrook, Homer Glen, and portions pecially through rural economic devel- insightful for the American people. I of Woodridge, Illinois—an area that is opment. He has been a committed ad- have no quarrel with the First Amend- roughly 40 square miles. vocate for Pennsylvania’s agriculture ment and one’s right to speak as one In the early years of the Lemont Fire and family farmers across our State. desires. Department, the volunteers had to Like new shoes or hunting boots, I’m But I take issue with Mr. Herman drag their firefighting equipment to sure Bob’s retirement will at first be Cain’s very insulting and demeaning

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At this point, I yield 4 minutes to the made, and he chose to suggest that Af- In today’s global economy, it’s essen- gentleman from Kentucky (Mr. DAVIS), rican Americans are brainwashed. tial that we make every reasonable ef- one of the key members of the Trade I take issue, Mr. Cain, with your very fort to open foreign markets to Amer- Subcommittee, with a manufacturing unfortunate choice of words, because if ican products. Yet today, as our coun- background, who understands the need you look chronologically and histori- try is struggling with a lackluster GDP for America to lead in the global mar- cally at African Americans, they voted and stagnant job creation, grocery ketplace. Republican; they voted Democrat. stores in South Korea are signing long- Mr. DAVIS of Kentucky. Thank you, They were in love with the idea of term agreements with beef producers Chairman BRADY. I appreciate you or- President Lincoln, who, of course, is from Europe, not America. ganizing a Special Order tonight deal- known to have freed the slaves, and Why European, not American? Well, ing with these critical free trade agree- voted for Republicans for a number of the reason is simple. While this admin- ments with Colombia, Panama, and years. istration has dragged its feet in the ap- South Korea. Democrats and African Americans proval process of our own agreement, I am encouraged that the President both vote their interests, their interest the European Union was able to enact sent the agreement to the Hill earlier in saving Medicare and Medicaid and their agreement with South Korea be- here today, and we are here to lend Social Security, their interest and in- fore the United States could take up support to the President for these vestment in this Nation and relief from our own. Therefore, the South Koreans agreements and to encourage him to the burdensome taxes by the Bush ad- are able to purchase European goods— implement them as soon as they pass ministration. most notably, agriculture products—at the House and Senate. So, Mr. Cain, get your facts right. a much lower rate and prices because, Passage of these trade agreements is We’re not brainwashed, and I am abso- unlike American goods and commod- long overdue and critical not just for lutely insulted by your ludicrous in- ities, they do not have costly tariffs at- our national economy, but also for our sinuation of African American intel- tached to them. The same is true with national security. lect in choosing their political party. American goods and agriculture prod- Through the Colombian agreement, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ucts in Colombia and Panama. we signal our dedication with a stra- The SPEAKER pro tempore (Mr. In the first 2 weeks after the EU- tegic and faithful ally. During my serv- BROOKS). Members are reminded to di- South Korea agreement was passed, ice in the U.S. Army, I ran U.S. Army rect their remarks to the Chair. European exports to South Korea rose aviation operations for the multi- f by 16 percent. We are losing market national force and observers in the FREE TRADE AGREEMENTS share and American businesses are los- Sinai, providing direct support and serving jointly with the Colombian The SPEAKER pro tempore. Under ing their competitive edge all as a re- military in the Middle East. In fact, the Speaker’s announced policy of Jan- sult of Washington’s inability to pass they continue to serve in that same uary 5, 2011, the gentleman from Texas these essential agreements that sup- posedly have bipartisan support. role. They are also serving in Haiti, Si- (Mr. BRADY) is recognized for 60 min- erra Leone, and training militaries and utes as the designee of the majority In fact, since Canada signed their police in counternarcotics and counter- leader. free trade agreement with Colombia, Mr. BRADY of Texas. Mr. Speaker, as the U.S. has lost nearly 30 percent of insurgency measures across the globe. you know, our economy is in a tough our market share in wheat exports to U.S. leadership in our hemisphere is situation here. Two-and-a-half years Colombia. Losing 30 percent of our under threat from competitors, and the after recovery has supposedly started, market share in a key commodity like administration’s inattention to Latin we have almost 20 million Americans wheat has a tremendous impact on a America is a real challenge that we are unable find a full-time job; yet we have small State like Kansas. facing now. But the Colombia agree- companies, ranchers, businesses, tech- When it comes down to it, this isn’t ment signals our reengagement, which nologies, small business anxious to sell about ideologies. This is about Amer- is critical to both our economic and their products around the world. But ican jobs. President Obama has said it our security future. U.S. exporters’ this administration, unfortunately, has himself, these agreements can create share of Colombian imports fell 17 per- not moved the free trade agreements 250,000 American jobs, and yet he has cent between 2001 and 2009, while Chi- that would allow us not simply to buy sat on them for nearly 3 years. These nese exporter shares nearly tripled. American, but to sell American in agreements have the ability to imme- The trade agreement with Colombia every corner of this globe. diately create thousands of jobs, open will advance our national security in- I am pleased to announce that today, new markets for farmers, ranchers, and terests by providing Colombians with nearly 5 years after America signed a manufacturers, and play a pivotal role alternatives to the drug trade. Colom- sales agreement, a trade agreement in growing our economy out of this bia is a robust democracy with strong with Colombia, that the White House stagnancy. ties to the United States in a region has submitted agreements, these agree- I would like to thank the President that includes several increasingly anti- ments with Korea, Colombia, and Pan- for ending his stall tactics and finally American governments, especially ama, to the United States Congress and sending these agreements to us today, Venezuela. We must strengthen these the Ways and Means Committee of the and I implore my colleagues in Con- ties and pacify any concerns about House of Representatives. We are going gress to work with us to swiftly pass America’s reliability as a partner by to move quickly and deliberately and these vital trade agreements. Let’s ratifying this trade agreement. strongly to pass these trade agree- have beef producers from Kansas or Similarly, implementing the Panama ments so we can level the playing field even Texas, Mr. Chairman, signing trade agreement will further mark our and allow our farmers and companies long-term deals with South Korea, Co- reengagement with the region, while and manufacturers and workers to lombia, and Panama, not Europe or countering anti-Americanism and Chi- compete and win around the world on Canada. na’s increasing economic prominence. that level playing field. Let’s finally back up this rhetoric The U.S. is the largest user of the Tonight, we have a number of distin- with action. Let’s get Americans back Panama Canal and works closely with guished lawmakers who have focused to work. the Panamanian Government to ensure on finding new customers for our com- Mr. BRADY of Texas. I thank the the safety of the canal itself. Panama panies and our farmers here at home. gentlelady from Kansas for making the is currently expanding the canal to I yield 3 minutes to the gentlewoman point that agriculture has paid a steep double its capacity by allowing more from Kansas (Ms. JENKINS), a member price as a result of the delays of these and larger ships to transit. This expan- of the Ways and Means Committee and agreements, yet with the potential of sion will increase the imports and ex- Trade Subcommittee. signing these agreements has the abil- ports to and from the United States

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Our alliance with the Republic that we’ve all been waiting for for the ice providers is essential if we’re going of Korea has grown even closer since past 4 years to Congress so that we can to have a strong American economy the March 2010 sinking of a South Ko- have a vote on the South Korean agree- with private sector job creation. The rean naval vessel by a North Korean ment, the Colombia agreement, and the United States has not acted aggres- submarine. Currently, the U.S. main- Panama agreement. And these are all sively enough to open markets over the tains about 28,000 troops in the Repub- important. Why? Because they create past 3 years under the Obama adminis- lic of Korea, and our militaries regu- jobs. We know they create jobs. tration. And now we’re falling behind larly conduct joint exercises. In Washington State alone, one out as other nations gain market share. Our geostrategic relationship with of every three jobs is connected to America has had a strong compara- South Korea is important not only to trade—one out of every three jobs. tive advantage in agriculture produc- counteract the threat from North South Korea is Washington’s fourth- tion historically. In fact, in my home Korea, but also in dealing with China’s largest trading partner. It’s important State of Louisiana, the number one ex- military ambitions and security in the for the people of Washington State to port is agricultural commodities. Lou- Pacific Rim. have this partnership with Korea, with isiana ranks fourth among the 50 With elections for South Korea’s Na- Colombia, and with Panama. Right States in exports. Over 500,000 jobs in tional Assembly and Presidency sched- now, we are falling behind. The Euro- my small State, a small State with a uled for 2012, it’s critical to strengthen pean Union, as I think was mentioned little over 4 million people, 500,000 jobs this vital relationship. Ratifying the earlier, signed their agreement and it in Louisiana are supported directly by South Korea trade agreement will dem- became final on July 1 of this year. trade. Our rural communities in my onstrate our commitment to this im- Since July 1, the European Union has State are supported by the strength of portant partner and help to act as a increased their exports to Korea by 17 agricultural production and access to counterweight to Chinese influence. percent. We are losing market share. open markets. The local dentist’s of- fice, the local school, the small gas sta- b 1930 We are losing jobs. We must act now. The estimated jobs that we are losing tions, all these things depend on the Furthermore, entering into an FTA is almost 350,000 jobs as we sit here and strength of agricultural production, with South Korea will help reorient the wait. Ninety-five percent of our market not only in Louisiana but across our alliance between our great nations to is outside of the United States. Ninety- country. We need open markets for ag- adapt to the changes on the Korean Pe- five percent of our market is outside ricultural products if we’re going to ninsula and in East Asia. Continuing to the United States. We want to sell sustain these rural communities and delay ratification of the trade agree- American. Sell American; that’s our economic development. ments with Colombia, Panama, and goal. Yeah, we want to buy American The trade promotion agreements South Korea could seriously harm here in the United States. We all want with Colombia, Panama, and South American credibility, economic advan- to do that, but we want to sell Amer- Korea amount to over $13 billion annu- tages for our country’s exporters, and ican. ally in new market access. The failure our position of global leadership. We can create 280,000 jobs by passing to implement these agreements has I urge the President to implement these agreements, and I think this is a caused significant loss of market share. the agreements immediately after they time when Members of this Congress, Louisiana, for instance, is the third- clear Congress for the betterment of both sides of the aisle, and including largest rice producer in the Nation. our national economic health and our those divisions within the parties, need Louisiana and U.S. rice exporters face military and diplomatic partnerships. to come together. If you want to create prohibitive tariffs currently in Colom- Thank you again, Chairman BRADY, jobs and you want to be a leader in this bia and Panama. These agreements for holding this important discussion global economy, if you want to encour- would phase out these tariffs, creating tonight on the House floor. age innovation, entrepreneurship, the huge opportunities for Louisiana farm- Mr. BRADY of Texas. Mr. DAVIS, time is now. It’s time to come together ers and millers. Over one-third of Lou- thank you for your leadership and for and pass these agreements by a wide isiana exports to South Korea would making the point tonight that these bipartisan majority, show the Amer- see immediate duty relief and elimi- agreements, as important as they are ican people that we are here to lead, nation, a significant advantage for for jobs and new customers, they are show the rest of the world that we are Louisiana businesses. also important to enhance our security here to lead. And we are here to com- The administration’s failure to send relationships in the growing Asia Pa- pete because America has the best these agreements over the past 3 years cific region, and in Latin America as products, the best workers, and the has had significant adverse con- well. Thank you for your leadership. best imagination in the world. sequences. In fact, on January 1, 2009, Now I would like to introduce the Mr. BRADY of Texas. I appreciate Colombia’s trade agreement with Ar- chairman of the Korean Trade Agree- the gentleman from Washington mak- gentina went into effect, giving Argen- ment Working Group. He is a key mem- ing the point that Korea is such an im- tina’s farmers a competitive advantage ber of the Ways and Means Committee, portant growing market in the Asia over U.S. farmers. In fact, America’s and comes from a region that under- Pacific region. If America hopes to market share in the Colombian market stands exports and imports create jobs continue economic growth and to have for corn, wheat, and soybeans plunged in America. I yield to the gentleman the strongest economy in the world, we from 71 percent in 2008 down to 27 per- from Washington (Mr. REICHERT). must engage in that region of the cent through the first 10 months of Mr. REICHERT. Thank you, Mr. world, and the free trade agreement 2010, a 44 percent drop in market share, Chairman, and I want to thank you for working group that Mr. REICHERT precipitously, that was nearly matched all of your hard work and your leader- heads here in the House is critical to by Argentina’s gain. And that’s just ship in this area. I’m a newcomer to that. one example of the consequences of the the world of trade, and a fairly new- I would now like to introduce the failure to act on this—lost market comer to Congress, having been here gentleman from Louisiana, Dr. share and job loss. We must imme- for 6 years. CHARLES BOUSTANY, a valuable member diately implement these agreements to I want to talk a little bit about the of the Ways and Means Committee, promptly avoid further loss. frustration that I think a lot of us here who is so strong on trade, and comes Mr. Speaker, American competitive- in the House have been experiencing, from a State that understands trade ness, American credibility, and Amer- and I think a lot of people, Mr. Speak- means jobs, and I yield to Dr. ican leverage with our economic com- er, across this country are feeling, and BOUSTANY. petitors is at stake. Passing these

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An American trade strategy is what is taking place when we sit down culture that it’s key to survival and a critical instrument of American for- with these nations and bargain and it’s key to job creation. eign policy because our economic come up with these trade agreements is I would like to yield to the gen- strength is the foundation of both our an opportunity of lowering their bar- tleman from Nebraska (Mr. SMITH). soft power and our hard power. An riers so that the district in my area Mr. SMITH of Nebraska. Thank you. American trade strategy is essential where we can be able to export to them I appreciate the opportunity to be here, for American leadership in the 21st rice, peaches, walnuts, almonds, dairy and certainly I appreciate my col- century. products, and, again, our manufac- league from California talking about Mr. BRADY of Texas. I appreciate turing goods, without these high bar- agriculture. And it certainly speaks to the gentleman from Louisiana making riers and be able to get access to those the diversity of American agriculture the key point of how America is falling markets. So it’s very important that when he listed so many products, and I behind and how it’s hurting our local we do this. don’t think a single one of those that economies, our local ranchers, our What happens when we don’t move you listed is actually grown in Ne- local service technologies, and our forward? Well, we can see it. I was in braska, and obviously we produce a lot local ports as well. Panama just this last year. Panama of agriculture products in Nebraska, I would like to yield to a gentleman now is doubling the size of the Panama and we know what it’s like to even from California, the former chairman Canal. They’re going to need construc- produce more than we consume in our of the Trade Subcommittee, who comes tion equipment. Now, where are they State alone. California might be slight- from a State and a district that is rich going to purchase this construction ly different, but we know that we’ve in the institutions of ranching and equipment? Well, they could be pur- got efficient production all across technology companies that export suc- chasing it from the United States. But America. cessfully around the world. I would like guess what? Canada was successful in So I want to take just a moment to to yield to the gentleman from Cali- negotiating a trade agreement with discuss the impact and benefits of fornia (Mr. HERGER). Panama before we’ve had ours signed. trade agreements to Nebraska and cer- Mr. HERGER. I thank the gentleman Therefore, they have lower rates, lower tainly the national economy. As our from Texas very much, and I want to barriers on getting their equipment economy continues to struggle, we thank the gentleman for the tremen- into Panama. So Panama there has had should obviously be exploring every av- dous leadership that you’ve given us in a big advantage of buying from Canada, enue to create businesses and create the area of trade, trade which is so cru- sales that would have come from the new jobs. Markets around the world cially important to our Nation, to our United States. present tremendous opportunity be- ability to create jobs, to our economic We can use these same examples with cause of their size, scope, and rate of well-being here in our Nation. Colombia, the same example with growth. And we’ve heard a lot of num- As Chairman BRADY mentioned, I am South Korea who has negotiated with bers tossed around this evening, but we very blessed to represent one of the the EU, a major trading competitor know that beyond the U.S. lies 73 per- richest agricultural areas in the world, with us. Therefore, we lose out in jobs, cent of the world’s purchasing power, an area in the northern Sacramento and we lose out in this market share. It 87 percent of its economic growth, and valley of California just north of Sac- is really a lose/lose for the United 95 percent of the world’s consumers. ramento. In our area, we are the sec- States. While the national economic impact ond-largest rice producing district in I want to commend the President. We of trade is very important, the in- the Nation. We’re also one of the top wish he would have sent these three creased marketing opportunity for Ne- producers of specialty crops: peaches, agreements to us sooner. I’m grateful braska is obviously tremendous as walnuts, almonds, dried plums, and that he’s sending them to us now. It’s well. For Nebraska, this means the prunes are some of our major commod- very important that we pass it. What three trade agreements will increase ities. we have seen is that the nonpartisan exports by more than $123 million per U.S. International Trade Commission year. That’s every year. Specifically b 1940 has estimated that by signing these for agriculture, the agreements with And the fact is that we cannot, both three trade agreements we can increase Panama, Colombia, and South Korea in California and in our Nation, nearly 250,000 new jobs to the United States— would lead to gains for Nebraska’s consume the amount of products that 250,000 new jobs. That’s without any major agriculture commodities, includ- we grow. We are dependent on being stimulus, without any taxpayer money ing beef, pork, soybeans and corn. able to export. But our challenge—and going into it. It is jobs for people who New markets create opportunities for the example I’m giving with my dis- are unemployed today that can be em- farmers and ranchers along with the trict is really true in every area across ployed, and it will increase at least $13 food processors, agri-businesses, trans- our Nation; it’s true in manufacturing billion in trade. portation workers, and all the sales and it’s true in everything we do—is So I want to urge our Congress, I and related professionals who support that as one of the top trading nations want to urge the House and I want to the agriculture sector. in the world historically, the United urge the Senate to vote for these, pass I want to make sure Nebraska prod- States, we are dependent on being able it, let’s get going on these trades. ucts and producers make the most of to trade. Ninety-five percent of the Again, Mr. Chairman, thank you very opportunities provided by inter- world’s markets lie outside of the much for your leadership. national sales and to increase exports. United States. Mr. BRADY of Texas. Well, Chairman There’s been enough delay. We cer- Now, what are the challenges that we HERGER, thank you for your leadership tainly know that. And our market have, and why are these trade agree- in trade throughout the years. I know share in Colombia has already declined ments, these three trade agreements especially in California, but for all the because of inaction. The debate is no with Panama, Colombia and South country, trade means jobs. These new longer simply about generating poten- Korea, so very important to not only customers mean jobs. The longer we tial export gains, but also how to pre- my area of California but to the entire delay, the more other countries step in vent the loss of existing export mar- Nation? The reason is that we have front of us and take our customers and, kets. challenges in getting into other coun- unfortunately, take our jobs. So thank Thank you again. I appreciate this tries’ markets. We have very little, you for your leadership. opportunity. very low barriers coming into our mar- One of the bright new members of the Mr. BRADY of Texas. I appreciate kets. Ways and Means Committee is a gen- the gentleman from Nebraska talking

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It ucts and the workers who produce whom are dynamic economies we ought must be putting jobs first and foremost them. to be competing in. that’s going to allow us to move for- Now, by passing these three free I’m glad at this moment to yield to a ward for our country. trade agreements, we will reduce the gentleman from Illinois, a State that barriers in three countries, allowing b 1950 understands the importance of com- 60,000 Minnesotans—and now others— peting and winning around the world So I urge my colleagues on both sides the opportunity to find new sales and and that does so successfully. of the aisle to stand up and embrace new customers for their products, giv- I yield to the gentleman from Illinois what the President has given to us. ing the companies who employ them (Mr. DOLD). And I certainly appreciate the Presi- the opportunity to expand and start Mr. DOLD. I want to thank the chair- dent sending us the free trade agree- hiring again. man for his leadership in trade, and ments. We told him we would act Now, this is about doubling exports, certainly this is an important topic. quickly. He sent them to us today, and as the President has stated is his goal. Just last month, we were actually here today we’re talking about them on the Our Governor just led a trade delega- in this Chamber when the President floor. We’re going to act, and act swift- tion, actually, to South Korea with 24 came down to talk about jobs and the ly, for the American people and for different businesses. And in Minnesota, economy. And there’s no doubt it is the jobs. it’s not just about agriculture. As the number one issue that faces our coun- Mr. Chairman, I thank you so much chairman just mentioned a second ago, try today regardless of what side of the for your leadership on this very impor- I come from a State that has 400 med- aisle you sit on. tant issue. It’s about jobs and the econ- ical device companies. It’s these high- The President got up and talked omy and putting American workers valued manufacturing opportunities about his jobs package; and as opposed back to work. that are huge opportunities for free to saying, no, we don’t want the jobs Mr. BRADY of Texas. I appreciate trade and increased sales and cus- package, what I said and what a num- the gentleman from Illinois, who tomers. ber of colleagues that I know have comes from a State that understands So Mr. Speaker, today is a good day. talked about is what are the areas that trade means jobs. And I appreciate his The White House has formally sub- we agree upon. And let’s focus on those leadership and effort in this area. mitted these trade agreements now. and try to pass those because the Minnesota is also a State that is The Ways and Means Committee is American public is demanding that of growing and recovering from this econ- going to act swiftly. The House will act us. omy because it knows how to sell swiftly. Over the past couple of Certainly at the top of that list are American throughout the world, espe- months, there’s no doubt that Europe the free-trade agreements. And when cially in medical technology and a has gained an upper hand by passing we talk about the free-trade agree- number of other key sectors. their own agreements with Panama, ments, it’s trade promotion where I’m glad to yield to the gentleman South Korea, Colombia and other coun- we’re actually setting the ground rules from Minnesota (Mr. PAULSEN), a key tries, and in doing so, we’ve been with foreign countries, where the member of the Ways and Means Com- leapfrogged. And now this is our oppor- United States can actually compete on mittee. tunity to get back on a solid footing. a level playing field. And if we can Mr. PAULSEN. I thank the gen- Every day of inaction that has gone by complete on a level playing field, the tleman for yielding. And I also thank has been a day where we’re falling be- American worker can win. you for your leadership on the Trade hind and we’re losing our competitive In the 10th Congressional District of Subcommittee. edge and putting American jobs at Illinois, we’ve got 650 manufacturers Mr. Speaker, there’s no doubt with risk. that represent over 80,000 jobs. Of those our economy struggling Washington So Mr. Speaker, I am excited to work 80,000 jobs, over 50,000 of those jobs rely should be doing everything it can to in a bipartisan fashion to see this come upon exports. You’ve heard the statis- give our job creators the economic cer- together in the coming weeks ahead tics from some of my colleagues here tainty that they need and they lack and give our manufacturers a boost, today talking about 73 percent of the right now, including meaningful tax re- give our exporters a boost, and get our world’s purchasing power is outside of form and alleviating government regu- economy back on track. the United States, and 95 percent of all lations. But the future of growth right Mr. BRADY of Texas. I appreciate consumers are outside of the United now doesn’t only lie in a more efficient the gentleman from Minnesota quickly States. bureaucracy or lower taxes, it also lies leaping into this issue, recognizing the Just this last week, I had a manufac- in giving greater export opportunities jobs potential, and his hard work in turers’ roundtable where part of the to emerging markets that are hungry— moving these trade agreements for- topic of discussion was demand. Well, if hungry for American products and our ward. we want to increase demand, I would ideas. We have another speaker from Illi- certainly argue that we need to be able The simple truth is that increased nois, a key trade State. JUDY BIGGERT, to have access to markets outside of trade, new sales and new customers are a Congresswoman from Illinois, has the United States. Just South Korea a proven way to create jobs. These long been a leader in trade, helping alone would add $10 billion on to our three pending free trade agreements shepherd through Congress some of the GDP. For each additional billion dol- with Panama, South Korea, and Colom- key trade pacts in the past that have lars of exports, we create 6,250 jobs in bia will level the playing field for turned trade deficits into trade sur- America. That is a jobs plan. We can American businesses, aid in our eco- pluses for America. She continues to be create additional jobs. nomic recovery, and allow the United a leader who understands if we tear In Illinois, we’ve lost 750,000 manu- States to compete and win. And with down these barriers for American com- facturing jobs over the last decade; so much concern about skyrocketing panies, American jobs are produced. and, frankly, we need to turn that tide deficits, increased free trade is a no- I am proud to yield to the gentlelady around. We know in order to be com- cost way to help the private sector cre- from Illinois (Mrs. BIGGERT). petitive in the United States, the world ate jobs. Mrs. BIGGERT. Thank you, Mr. is not going to sit back and wait for us. In my home State of Minnesota, Chairman. And I thank you so much The EU has signed its free-trade agree- 60,000 jobs are dependent on global for hosting this Special Order and all ment with South Korea, with Colombia trade. Now surprisingly, it’s not just the work that you have done. and with Canada, and you’ve heard our fertile soil in the ag community or Given the extraordinary economic from others that the world is not going the iron ore deposits up north that are challenges that we face, I can’t think to wait. We’re losing market share as creating most of these jobs. Ironically, of a better or more appropriate topic we speak each and every day that we over 90 percent of Minnesota’s trade- for Congress to be addressing here

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As a result, we have been forced job creation. Over the past 21⁄2 years, pending free trade agreements. The to wait while sales and jobs are lost to the Obama administration’s solution services industry in each nation is other countries that do not face the for job creation has been nothing more growing, and with passage of this same trade barriers that U.S. exporters than more spending, more borrowing, agreement, American financial services face. On many products, tariffs would more taxing, and it simply has not firms will have better access and better have come down immediately upon en- worked. Instead of job creation, all ability to compete in a vibrant and actment of these FTAs, giving a mas- that the American people have gotten growing market. sive boost to our economy at a time is more debt. These agreements are also important when we need it more than ever. Since the day he was sworn into of- to the United States’ standing in the In my home State of Illinois, I have fice, President Obama has been sitting world. In particular, the Colombia visited with businesses like on a no-cost jobs solution in the form agreement should be passed so that Co- Hendrickson, Caterpillar, and Navistar, of our pending free trade agreements lombia can serve as a counterweight to all major players holding their breath, with Colombia, Panama, and South Hugo Chavez’s Venezuela. ready to export millions of dollars of Korea. Together, these three agree- Despite all the benefits, at the end of U.S.-made goods to new markets ments have the potential to create the day, these agreements are about opened by these agreements. Right now hundreds of thousands of new jobs by creating jobs here in the United States. in Illinois, a company like Caterpillar opening up the markets of our trading Every day that we fail to pass these has to pay a $200,000 tariff for just one partners to U.S. exports, which would agreements, we fail to create jobs and heavy-duty earth mover going into Co- drive job creation and economic growth economic activity that would exist had lombia, while Colombian exports come here at home. we already passed them. into the U.S. nearly duty free. That is Several of my colleagues have al- At a time when we’re seeing unem- $200,000 that could instead stay in ready spoken of the importance of ployment at its worst since the Great America with the free trade agreement these agreements, so I will discuss the Depression, I am happy that President and supply jobs in my district and na- importance of these agreements to my Obama finally decided to submit them tionwide. All told, these FTAs would home State of Texas. for consideration, and I look forward to support an estimated quarter-million all three agreements receiving swift b 2000 American jobs and increase exports by consideration in Congress and quickly $13 million. While the Texas economy is very di- becoming law shortly thereafter. Perhaps most importantly, these verse, an important pillar is agri- Mr. BRADY of Texas. Congressman aren’t temporary or low-wage jobs that culture. In the 23rd District of Texas CANSECO, thank you for your leadership will disappear when taxpayer-funded that I have the privilege of rep- on this important jobs and trade issue. stimuluses run dry. In fact, these ex- resenting, the beef industry is a very Our next speaker is laser focused on ported-related jobs pay an average of 15 important part of the economy, as is jobs in Arkansas. He’s made a big im- to 17 percent more than other com- cotton. pact coming in as a freshman law- parable jobs and don’t cost taxpayers a All of these three pending trade maker, understands the need to find dime. And the benefits aren’t limited agreements represent huge opportuni- new customers. to manufacturing. U.S. exports in serv- ties for Texas agricultural producers. I am proud to yield to the gentleman ices and agricultural goods stand to in- For example, according to the United from Arkansas (Mr. GRIFFIN). crease by billions of dollars. States Department of Agriculture, the Mr. GRIFFIN of Arkansas. Thank Passing these agreements is one of Colombia agreement will eliminate the you, Mr. Chairman. the most common-sense, low-cost and current 80 percent duty imposed on ‘‘If America sits on the sidelines economically sound things that Con- prime and choice cuts of beef, with all while other nations sign trade deals, gress, in the President’s own words, beef tariffs eliminated after 10 years. we will lose the opportunity to create ‘‘could do right now’’ to boost job Cotton, another important agricultural jobs on our shores.’’ That was Presi- growth. And yet only today, after years export from Texas, will see Colombian dent Obama, President Obama in Janu- on the President’s desk, has the admin- tariffs on cotton imports completely ary of 2010, recognizing the importance istration finally sent them to Congress eliminated once the agreement is of trade agreements to creating jobs in for approval. Fortunately, the end is in sight. With passed. the United States. In the case of Panama, U.S. beef ex- the agreements now in motion, the Today, the President finally sub- House and Senate will at long last have ports that currently face tariffs of 10 to mitted to Congress, over a year and a an opportunity in the coming days to 30 percent will be immediately lifted half later, he finally submitted to Con- pass all three pending agreements. I for prime and choice cuts of beef, with gress three critical trade agreements urge my colleagues to support them. the rest eliminated within 15 years. for our approval. Because of what these Mr. BRADY of Texas. I appreciate The Korean agreement has the oppor- trade agreements mean for job cre- the gentlelady from Illinois, both for tunity to be a huge windfall for agri- ators, this is welcome news. But the her long leadership role in trade and cultural exports. The United States De- fact that these three trade agreements, her remarks tonight. partment of Agriculture estimates that one of which was signed nearly a half San Antonio and southTexas, these the Korean agreement will increase an- decade ago, have been stalled for so communities understand a strong econ- nual exports to Korea by a minimum of long cannot go unnoticed. omy depends on strong trade. They are $1.9 billion upon full implementation. Korea, the Korean trade agreement fortunate to have a freshman law- For U.S. beef exports, Korean tariffs was signed on June 30, 2007. But that maker who, in arriving in Congress, will be completely phased out in 15 South Korean agreement is not the quickly realized—in fact, before he years. Cotton will see its current duty- only one. The one with Panama was came to Congress—the need to get out free status become permanent, guaran- signed in June of 2007, and the one with and have a level playing field to com- teeing U.S. cotton producers will com- Colombia, November of 2006. pete and win for American companies pete in Korea on a level playing field President Obama even stated on July and ranchers and agricultural interests with other cotton-producing nations. 8 of 2011 and during his August tour throughout this country. There is no doubt that all three pend- through the Midwest that all three of I’m glad and proud to yield to my ing free trade agreements are good for the trade agreements would be law by Texas colleague from San Antonio (Mr. agricultural producers in Texas and in now if it weren’t just for that obstruc- CANSECO). the United States. These agreements tionist Congress. He said that the deals

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Our next speaker is from Pennsyl- Pennsylvania alone. While we have waited on President vania. He understands the importance Pennsylvania will benefit under the Obama to act on these long-pending, of trade to his State. I’m pleased to U.S.-Colombia Free Trade Agreement. job-creating export agreements, our welcome the gentleman from Pennsyl- Under the Colombia Free Trade Agree- foreign competitors—Europe and Can- vania. ment, more than half of U.S. agricul- ada, in particular—are rapidly increas- Mr. THOMPSON of Pennsylvania. I tural exports to Colombia will become ing their market share and cultivating thank my good friend from Texas for duty-free immediately, and the re- relationships with trading partners in hosting this and for yielding. maining eliminated within 15 years. those countries while American busi- I’m very proud to be here tonight, a Colombia will eliminate its price band nesses sit on the sidelines. subcommittee chairman of the Agri- system which affects key U.S. exports, Make no mistake: More American ex- culture Committee, to speak to the tre- including corn, wheat, dairy, pork, and ports mean more American jobs. mendous benefits that these three free poultry. Tariffs of $202 million in U.S. In my home State of Arkansas and in trade agreements yield for all of agri- processed food product exports, which the Second Congressional District, culture across the United States. are currently as high as 20 percent, will these trade agreements will be very Mr. Speaker, today America’s farm- be immediately eliminated. Colombia helpful for job creation. Arkansas un- ers and ranchers are competing in a is actively pursuing and implementing employment is above 8 percent, and we global market in face of stiff protec- free trade agreements with a number of need pro-job creation policies in Wash- tionism while their foreign competi- other trading partners. With every day ington to stop that from going even tors are gaining preferential treatment that we don’t act on this agreement, higher. We need pro-American export and access at the American people’s ex- foreign competitors take market share policies to sell more of our products pense. from American farmers and ranchers. overseas so that Arkansans get the It’s been a long time coming. While Pennsylvania will benefit under the jobs and our manufacturers and farm- the delay was unacceptably long and U.S.-Panama Free Trade Agreement. ers get the business. likely has cost jobs, I’m pleased the Panama is one of the fastest expanding The three pending export agreements Obama administration has finally done economies in Latin America, with 7.5 with Colombia, Panama, and South its part and sent Congress these impor- percent growth in 2010. Panama is al- Korea will increase U.S. exports and tant trade agreements, free trade ready an important market for Amer- will create over 250,000 new jobs. Right agreements with Korea, Colombia, and ica’s farmers and ranchers. In 2010, the now, more than 320,000 Arkansas jobs Panama. United States exported more than $450 depend on exports, and these agree- million of agricultural products to b 2010 ments will only increase that number. Panama. More than half of U.S. agri- Full implementation of the South Many agricultural products have en- cultural exports to Panama will be- Korea trade agreement alone could countered dramatic price fluctuations come duty-free immediately. Remain- generate more than 2,500 new jobs in in recent years, particularly dairy, as a ing tariffs will be removed over 15 Arkansas. result of depressed exports. These trade years. Panama’s tariffs on poultry Manufacturing exports are the agreements will expand U.S. exports, range from 5 percent to 260 percent. strongest part of Arkansas’ economy. create jobs, and bring much-needed in- Some of these will immediately drop to Exports directly support 14 percent of come to communities across rural zero, and others will be phased out Arkansas’ manufacturing jobs, and America. within 15 years. 66,000 total jobs in all sectors of the These exports are increasingly im- I am so pleased that we’re moving economy are supported by manufac- portant to Pennsylvania’s agricultural ahead with what will be great for agri- tured goods exports. and statewide economy. Expanding culture and great for jobs in this coun- Since 2003, Arkansas manufacturing these markets for our farmers, ranch- try with these three free trade agree- exports rose twice as fast as the State’s ers, and small businesses across the ments. Mr. Chairman, thank you so overall economy. Seventy-seven per- country is a critical component of fu- much for hosting this tonight. cent of Arkansas exporters are small ture economic growth. Overall, every Mr. BRADY of Texas. I want to businesses. And, in fact, Arkansas ex- sector of Pennsylvania’s agriculture thank the gentleman from Pennsyl- ported over $2 billion of manufactured stands to benefit from each trade vania again for his leadership on this goods to free trade partners in 2010. agreement. bipartisan jobs issue. Again, the focus That’s 45 percent of Arkansas’ total. Pennsylvania will benefit under the on creating jobs in communities in That number will only continue to U.S.-Korea free trade agreement. The Pennsylvania by finding new customers grow with the approval of these agree- U.S.-Korea free trade agreement will is key to the growth of our economy ments. benefit the Pennsylvania economy and and America’s wealth. These agreements are critical not create new jobs by immediately open- TOM REED is a new member of the only to the country at large, but to Ar- ing new access for Pennsylvania goods Ways and Means Committee who has kansas in particular. With 95 percent of and services in Korea’s $1 trillion econ- quickly established himself as one of the world’s consumers outside the omy and by establishing a level playing our brightest stars on trade. He under- United States, we now need to give field in Korea for Pennsylvania work- stands it means jobs to New York, and American businesses the opportunity ers and businesses to compete. he knows that it means jobs to Amer- to build stronger trade ties with coun- One-half of chemical products and ica as well. Earlier this year, he helped tries seeking our goods and services, many other manufactured goods pro- lead a letter from our freshman Repub- the best goods and services in the duced in Pennsylvania will enter Korea licans to the White House insisting the world. duty-free immediately. Tariffs on the President submit these three agree- Now that the President has finally remaining chemical products will be ments so we have a chance to compete sent the three pending export agree- eliminated over the next few years. Ko- and win around the world in these ments to Congress, we can pass them rean duties on major Pennsylvania ag- growing new markets. and help American companies compete ricultural products, such as grape I am proud to yield to a friend and a and create jobs. juice, wine, and many dairy products, fellow member of the Ways and Means I am confident that Congress will act will be eliminated immediately. Mush- Committee, Mr. REED of New York. quickly to approve these important rooms will become duty-free within 5 Mr. REED. Thank you very much, bills. years. Simplified and expedited cus- Mr. Chairman.

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Thank you, Mr. believe to be true free and fair trade we have said tonight, they represent Speaker. agreements that put us and America on almost $13 billion of new sales for The Congressional Black Caucus is an even playing field with other coun- American companies, because we know pleased, and we thank the Democratic tries around the world. we have to seek and compete and win leadership for allowing us, once again, South Korea, Colombia, and Panama around the world for these new cus- to come to the floor for the Democratic represent 250,000 jobs. It can’t be any tomers. We know, too, that these hour. simpler than that. I listened to the agreements have been delayed far too GENERAL LEAVE President come up and present his jobs long. Colombia is an old and trusted Mrs. CHRISTENSEN. First of all, I speech to us as we sat in this Chamber, friend who’s made remarkable progress ask unanimous consent that all Mem- and I heard my colleagues talk about in the economy, in labor rights, in bers may have 5 legislative days to re- the length of delay it took to get these human rights, in environmental issues. vise and extend their remarks and to agreements up to this House. But I’m Today we’re on the cusp finally of pass- add extraneous material on the subject not going to look to the past. I’m going ing a free trade agreement that recog- under discussion this evening. to look to the future. And I’m going to nizes our security relationship and our The SPEAKER pro tempore. Is there look at the areas where we can find economic relationship. Today we have objection to the request of the gentle- common ground to advance the cause that opportunity. woman from the Virgin Islands? of the great American economic recov- I thank the President for sending There was no objection. ery that could start and will start with these agreements to us. As late as they Mrs. CHRISTENSEN. At this time, I the passage of these free trade agree- were, the fact of the matter is he has am joined by two of my colleagues. I ments. made each of them better, has helped would like to yield to the gentlelady I applaud the President for sending increase and improve bipartisan sup- from Ohio, who, for 2 years religiously, these agreements up here today. I’m port for all three, but each day we had the responsibility in the last Con- very confident that after a thorough delay, we lose jobs in America. Each gress to lead us in these Special Or- and loud debate on these issues, they day we delay, Canada and Europe and ders—with a lot of conviction and great will be passed, and we will move for- China and others move ahead of us, information to share with the Amer- ward to a brighter day of an additional take our customers and our jobs. It’s ican people. 250,000 jobs in America and $13 billion time for the delays to end. It’s time for Congresswoman MARCIA FUDGE of worth of enhanced economic activity Republicans and Democrats to come Ohio. for the American market. Back in the together and pass these three trade Ms. FUDGE. Mr. Speaker, I would 29th Congressional District that I am agreements for America. like to thank Representative proud to represent, that is real money, Mr. Speaker, I yield back the balance CHRISTENSEN for anchoring today’s those are real jobs, and what we’re of my time. timely CBC Special Order on unem- going to talk about are improvements f ployment in the African American community and on job creation. in our agricultural industry, be it our DISTRICT OF COLUMBIA’S 2012 It is no secret that the unemploy- grape growers, be it our wine pro- BUDGET REQUEST ACT—MES- ment rate for African Americans is al- ducers, be it our apple growers, be it SAGE FROM THE PRESIDENT OF most twice that of the national unem- our dairy industry. THE UNITED STATES (H. DOC. ployment rate. Studies show that 16.7 But we’re also proud in the 29th Con- NO. 112–62) gressional District to represent some of percent of all African Americans are the highest tech and manufacturing op- The SPEAKER pro tempore laid be- unemployed. It’s probably closer to 20 erations in the entire world. A little fore the House the following message percent when you take into consider- company in the city that I come from, from the President of the United ation those who have given up looking Corning, Incorporated, in Corning, New States; which was read and, together for jobs or who are severely under- York, has had a longstanding business with the accompanying papers, referred employed. In some cities, it is nearly relationship in South Korea, producing to the Committee on Appropriations three times the national unemploy- LCD glass and other high-tech mate- and ordered to be printed: ment rate. rials and manufacturing components. To the Congress of the United States: Mr. Speaker, the people I represent To me, these free trade agreements Pursuant to my constitutional au- are not talking about budget cuts, and are fair agreements and they lead to thority and as contemplated by section they’re not talking about continuing job creation. That’s what we were sent 446 of the District of Columbia Self- resolutions. The people in my commu- here to Congress to do, is to put Amer- Government and Governmental Reor- nity are talking about being laid off, ica in a better economic condition so ganization Act as amended in 1989, I and they’re talking about losing their that generations of tomorrow will have am transmitting the District of Colum- homes while they’re still trying to pro- the prosperity to call this great Nation bia’s 2012 Budget Request Act. This vide food for their families. We are in a home for many generations to come. transmittal does not represent an en- crisis that will undoubtedly affect our Thank you, Mr. Chairman, for yield- dorsement of the contents of the D.C. children and our grandchildren as 11 ing. government’s requests. percent of all American children have Mr. BRADY of Texas. Again, I appre- The proposed 2012 Budget Request at least one parent who is unemployed. ciate the gentleman from New York for Act reflects the major programmatic What does that mean for them? his leadership on this key jobs issue. objectives of the Mayor and the Coun- It means fewer opportunities, and it With so many Americans out of cil of the District of Columbia. For means fewer meals. work, the President was standing in 2012, the District estimates total reve- As a Nation, we have always prided this Chamber not too many days ago nues and expenditures of $10.9 billion. ourselves on defining ‘‘success’’ as pro- urging Republicans and Democrats to BARACK OBAMA. viding a better future for our children. come together to create new jobs. Can THE WHITE HOUSE, October 3, 2011. That’s why my colleagues and I are you imagine if there was an issue that f speaking out today. That’s why it is the White House and Congress both b 2020 absolutely essential that we begin to agreed on, that Republicans and Demo- make changes that will help our people crats across the spectrum supported, a CONGRESSIONAL BLACK CAUCUS get back on their feet. We must do bill that created jobs not by govern- HOUR something to create jobs, and we must ment spending but by allowing the free The SPEAKER pro tempore (Mr. do it now. I hosted a telephone town market to do its work, to granting eco- BUCSHON). Under the Speaker’s an- hall on the economy a few weeks ago.

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6496 CONGRESSIONAL RECORD — HOUSE October 3, 2011 Seven thousand people from around my Mrs. CHRISTENSEN. Thank you, released some staggering numbers last district joined the call to ask questions Congresswoman FUDGE, for that legis- month in its report, ‘‘Income, Poverty, about resources for small businesses or lation and for your leadership on so and Health Insurance Coverage in the how to find job training programs. many issues that are important to the United States: 2010.’’ For example, 2.6 These people, like so many others, are people of this country. million Americans fell into poverty in looking for a way out of this situation, I would next like to yield such time 2010. and it must come now. as she might consume to the former b 2030 It’s clear to me that we have settled chair of the Congressional Black Cau- for short-term solutions to a problem cus—again a leader on many, many That’s about 7,118 people a day fall- that demands a long-term strategic issues, whether it be health care, glob- ing into poverty. Let me put it another resolution. We need to retrain workers al health, AIDS, as well as developing way: It’s like a small town falling into for the jobs of today. Surprisingly, our agenda that we’ve continued even poverty each and every day. The poverty rates in 2010 that the there are millions of positions that go into this Congress of creating path- census revealed are as shocking and as unfilled in an economy where Ameri- ways out of poverty—Congresswoman staggering as the unemployment num- cans are unemployed. The Bureau of BARBARA LEE of Oakland, California. bers. The poverty rate for whites, non- Labor Statistics reported that there Ms. LEE of California. Let me thank Hispanics, was 9.9 percent; for African were 3 million job openings on the last my colleague, Congresswoman Americans, the poverty rate was 27.4 business day of May 2011, yet the un- CHRISTENSEN, for those kind remarks percent; the poverty rate for Latinos and also for leading this Special Order, employment rate at that same time was 26.6 percent; and for Asian-Pacific once again, in order to sound the alarm was 9.2 percent. There were enough Islanders, 12.1 percent. jobs available to employ just over 20 about the jobs crisis in our country. In 2010, 15.1 percent of Americans Also, Congresswoman CHRISTENSEN, I percent of all of these unemployed were living in poverty. Now, that’s 46.2 want to thank you for your leadership Americans. So there is an obvious dis- million people, in the wealthiest and on so many issues, especially on health connect. most powerful country in the world, 46 care. You remind us of the importance Many people searching for work lack million people living in poverty, and the job-specific skills they need to be of health care reform, not only because 9.1 percent are unemployed. Creating competitive for many of the job vacan- people deserve affordable, accessible jobs will improve our Nation’s econ- cies. Technology is outpacing the Na- health care, but because of the many omy and provide people pathways out tion’s current approach to job-related jobs that will be created in the health of poverty. education and training. The difference care sector as a result of these reforms. We need to target Federal programs between white collar and blue collar So thank you for continuing to remind to communities most in need, and we jobs is fading because, traditionally, us of that, because many, many jobs can do this by using particularly the blue collar jobs are more specialized are going to be created as a result of data sets like those from the census to than ever before. the work that you did. target programs with the highest un- As a solution, I’ve introduced H.R. Under the leadership of our very bril- employment rates and the highest pov- 2742, the Hire, Train, Retain Act of liant and bold chairman of the Con- erty rates. We can extend and should 2011. This bill will give employers tax gressional Black Caucus, Chairman extend the Emergency Unemployment incentives for hiring unemployed EMANUEL CLEAVER, and of our jobs task Compensation program and the Ex- Americans and providing job training force chair, Congresswoman MAXINE tended Benefits Unemployment pro- to fill job vacancies specific to that WATERS, the Congressional Black Cau- gram, both of which expire early in employer. Employers will also receive cus has been hitting the street about 2012. If we don’t, millions of unem- a ‘‘hire retention tax credit’’ of up to jobs for some time now. We held five ployed Americans will no longer have a $1,000 for each qualified employee re- ‘‘for the people’’ jobs initiatives around safety net until jobs are created. Re- tained for 52 weeks. the country—in Cleveland, Miami, At- member, for every four unemployed Another proven way to get Ameri- lanta, Detroit, and Los Angeles—bring- workers seeking a job, only one job ex- cans working is through infrastructure ing together employers who have jobs ists. That is a fact. projects. That is why I recently intro- with people who need jobs. The re- We also need to pass H.R. 589, which duced the School Athletic Facilities sponse was overwhelming. Thousands I introduced with a fellow CBC mem- Restoration Act of 2011. This bill au- of people showed up at each event, all ber, a good friend, a great leader, Con- thorizes the allocation of grants to wanting to share their stories, to learn gressman BOBBY SCOTT, which gives an local educational agencies for the con- how to interview or network or to just additional 14 weeks of unemployment struction, renovation, or repair of strictly apply for a job. benefits to those eligible people who school facilities used for physical edu- As we know, communities of color have exhausted their benefits and no cation. The funds will facilitate con- are feeling this Great Recession more longer receive this support. struction hiring while improving safe than others. In fact, for communities We have no idea today how these peo- places for children to exercise and of color, especially in the African ple are surviving in these devastating play. American community, the Great Re- times, and we can and must continue In closing, I want to mention that cession has been more like the Great to support them while we work to cre- every single member of the Congres- Depression. While the national average ate jobs. Speaker BOEHNER still will sional Black Caucus has sponsored job unemployment rate is 9.1 percent, the not move this bill to the floor for a creation legislation. The best way to unemployment rate for African Ameri- vote and, once again, I am going to en- reduce our deficit is to create jobs. cans is 16.7 percent reported. For courage the Republican leadership to That’s why, in August, the CBC took Latinos, it’s 11.3 percent—and that is bring H.R. 589 to the floor. our message on the road and connected for those who are reporting they’re out We also must restore the TANF job seekers with employers at job fairs there looking for work. If we consider emergency contingency fund and in- across the country, and we listened to those who have essentially stopped crease the amount of money going to the voices of our constituents during looking or who have given up on get- this program, which directly supports town hall meetings. ting a job, we can probably double needy families with the basics and cre- Mr. Speaker, I came to Congress to these numbers. It’s very, very tragic. ates jobs. We also should develop and be a voice for struggling Americans. For the people’s jobs initiative, this implement various corps, similar to My number one priority is job creation initiative highlighted what is taking those implemented through the Work and economic development. I am work- place throughout the Nation. People Projects Administration, the Public ing hard to create jobs, and time is of are desperately looking for jobs. People Land Corps, and the Civilian Conserva- the essence. This is not a time for po- want to work. We must pass the Amer- tion Corps aimed at programs and serv- litical posturing and partisan bick- ican Jobs Act as a first step in address- ices needed in communities across this ering. The American people need help. ing the jobs crisis that is sweeping the country, including health care corps, They need our help and they need it Nation. Sadly, the jobs crisis moves public safety corps, community corps, now. hand in hand with poverty. The Census and teacher corps.

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6497 We should expand the Workforce In- who have never had it, but it will also We recognize that unemployment is vestment Act aimed at young people, create jobs. unprecedented, at its highest levels particularly the 25 percent of teenagers It’s interesting how health care is perhaps since the 1980s across this and young people who are unemployed connected to so many of the other country, with 9.1 percent being that of today—in the African American com- things that we are dealing with. Two of the country. But we also recognize that munity over 40 percent, all losing hope the most important things that have to in minority communities it is so much for their futures. be fixed, if we are to get out of this re- higher; in the Latino community, 11.3 We should extend and support the ex- cession: We have to create jobs, and we percent; in the African American com- pansion of on-the-job training for un- have to fix the foreclosure crisis. munity, 16.7 percent. employed workers, including those who There was an article in The New Why are we focused like a laser beam are long-term unemployed and those York Times today by Craig E. Pollack on this issue? Because we understand who have exhausted their unemploy- and Julia F. Lynch that was entitled the pain that is going on. We under- ment benefits, to help them refresh ‘‘Foreclosures Are Killing Us,’’ and it stand the increasing desperation. We their job skills and ease their reentry caught my eye. I just want to read a understand the growing hopelessness into the workforce. We know that little piece of it into the RECORD: and, as public policymakers, we must these initiatives will put people back ‘‘A growing body of research shows do everything that we possibly can not to work, and that is what the Congres- that foreclosure itself harms the health only to do actual job creation, but to sional Black Caucus continues to fight of families and communities. In our help people out there understand that for. 2008 survey of 250 people undergoing we know what’s going on. We feel their We have to fight against the Repub- foreclosure in the Philadelphia area, 32 pain, and we are prepared to do every- lican opportunistic attacks on the en- percent reported missing doctors’ ap- thing possible to come to their aid. vironment and the regulations that pointments and 48 percent said they let b 2040 protect the environment and public prescriptions go unfilled, significantly health which, of course, they are higher rates than others in their com- So there are those who may get tired claiming as a jobs program. munity. A paper released last month of us talking about it. There are those It’s no jobs program. In fact, turning by the National Bureau of Economic who wonder why we took our vacation back the clock on the Clean Air and Research found that people living in time and traveled across this country Clean Water Act will simply destroy high-foreclosure areas in New Jersey, in five cities with these job fairs and jobs across the country, along with de- Arizona, California, and Florida were town halls that we did, but it is all be- stroying our precious, natural re- significantly more likely than those in cause we understand, perhaps better sources, while placing human health in less hard-hit neighborhoods to be hos- than others, this pain and this despera- danger. pitalized for conditions like diabetes, tion and this feeling of hopelessness; It’s completely misguided. It’s a ter- high blood pressure, and heart failure. and that’s not good for this country. rible move by the Republicans. They ‘‘More than one-third of homeowners So you’re absolutely correct. The are turning a blind eye to the needs of in our study had symptoms of major Congressional Black Caucus went to Americans and the needs of our econ- depression.’’ The N.B.E.R. study found Detroit. We went to Cleveland. We omy. significantly more suicides also. went to Miami. We went to Atlanta. Now, the most effective anti-poverty So these issues and these problems And we went to California, Los Ange- program is an effective jobs program, that affect, in large part, minority, ra- les. And what did we see? As it has cial, and ethnic minority populations and the CBC has been working to cre- been said over and over again, thou- are responsible for some of the health ate jobs and connect people to jobs. We sands upon thousands of people in line disparities that we talk about. desperate to be able to talk with em- are not going to back down. And as the Ms. LEE of California. Will the gen- ployers. CBC has done for 40 years, we are going tlelady yield? I must extend a big thank you to em- to continue to fight for jobs, justice, Mrs. CHRISTENSEN. I yield to the ployers. They heard our call and they and equality. Our voice as the con- gentlewoman from California. science of the Congress is needed now Ms. LEE of California. I am very showed up. And they were at each of more than ever. pleased that you raised this article be- these meetings, these job fairs that we So I want to thank, again, Congress- cause the human toll, the physical and had; and people were able to fill out ap- woman DONNA CHRISTENSEN, Chairman mental health impact of these horrific plications, to learn what the process is EMANUEL CLEAVER, Congresswoman public policies that either have taken for that particular employer, to be able MAXINE WATERS and all of our CBC place over the last 8 years or that are to talk with someone. And I had job members for bringing us together to not taking place that we should enact seekers in Los Angeles who said to me: conduct this jobs tour, to speak out to- are really seen each and every day in Ms. WATERS, you know, I may not get night, each and every day on this floor, our communities every day, and people a job, but I appreciate the opportunity in our communities on the critical are desperate, they are suffering. And that the Congressional Black Caucus is issue of jobs, and to remind the Con- for the life of me I don’t understand affording me and others to be able to gress that people do want to work and why especially Tea Party Republicans take a shot at it, to be able to talk we should hurry up and pass the Amer- don’t get it, because their people are with someone. ican Jobs Act as a first start. suffering also. So in Los Angeles, in my own com- Mrs. CHRISTENSEN. Thank you, Mrs. CHRISTENSEN. Absolutely, ab- munity, 10,000 people showed up. We or- Congresswoman LEE. You were the solutely. ganized it in ways that they wouldn’t chair of the Congressional Black Cau- We have been joined by another have to stand in line for long periods of cus as we created and passed the Af- former chair of the Congressional time; and thanks to the Crenshaw fordable Care Act. And without your Black Caucus and the leader of our Christian Center that has the Faith determination, many of the important Health Care Task Force, Congress- Dome that holds 10,000 people, we were provisions that we felt were important woman MAXINE WATERS, and I would able to get people off that sidewalk to our communities and to commu- like to yield such time as she might through that dome and to those em- nities across our country would not consume to her. ployers where we set up tents for 170 have been there. We thank you for Ms. WATERS. Thank you very much, employers who came behind the dome, that. Congresswoman DONNA CHRISTENSEN. I and it worked very well. And thank you for reminding us that am very pleased that you took this Congresswoman, I want you to know the Affordable Care Act is a jobs bill. It time out this evening to give us an op- this past weekend, as I traveled is reported that it may produce as portunity to continue to focus on our throughout the area, people came up to many as 4 million jobs. And so it’s not top priority in the Congressional Black me and said: Ms. WATERS, I got a job. I only a bill, an act, a law that would Caucus. We are absolutely focused like can’t tell you how great that made me allow over 30 million people to finally a laser beam on the fact that jobs are feel. And, of course, it was only a small become insured and provide access to needed so desperately in all of these number of people that I encountered. quality health care for many people communities that we represent. But just to have them say, thank you,

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6498 CONGRESSIONAL RECORD — HOUSE October 3, 2011 I received a job, was extremely impres- the jobs bill. We want to create jobs in WATERS, the head of our Jobs Task sive and inspiring and made me feel so our infrastructure. This country needs Force, for coming to Detroit and giving very, very good. We are going to follow to repair its roads and its bridges and folks in Detroit some chance of getting up with the employers and have them its water systems, and we believe that a job and definitely some hope that feed us back the information about creating those jobs will help all of our they have a future for themselves. how many people they were able to communities, not only get jobs but put This was so important for me because hire so that we can give a report on money back into the economy. years ago back in the 1980s when we that. The economy needs stimulating. You had our last big recession, I was one of But in all of this, I am so worried stimulate the economy not by cut, cut, those guys who was unemployed. What that the unemployment in the African cuts, but by investing in the economy, happened was I did give up hope for a American community may reach as both the private sector and the public moment there, and it was devastating high as 20 percent. Our communities sector. So we’ve got to fight for it. for me after I lost my income and then have been hit hard. I heard you allude We’ve got to stand up. We’ve got to re- my food stamps were cut off. When you to the foreclosures that we’re experi- sist any Tea Party efforts that say that give someone the dignity that they re- encing in our communities. Our com- they came to Congress to dismantle alize they have something to offer munities were targeted. They were tar- government and they want to cut, cut, themselves, their family and their city, geted by financial institutions because cut. They will not support anything it doesn’t matter if they don’t get a job they saw that people were eager to that will raise revenues, or even main- at that interview. They will have then have homes. They understood that if tain revenues in some instances. We’ve the drive to fight for themselves and you gave people an opportunity, that got to push back on that. We’ve got to not to give up. That’s why our people they would take advantage of it. But be strong. We’ve got to say to our col- are still here thriving because we what they didn’t say was that they leagues: the facts are clear; they are in didn’t give up. But that jobs session did were coming up with all of these exotic front of you. Nobody can deny these show that there are a lot of folks in De- products, products that literally got facts, and we’re asking you to join with troit who still need a job. people into homes, but it could not be us in making sure that not only we b 2050 sustained because of the way these deal with the most vulnerable in our products were organized. society, but we pay attention to all of And I have introduced legislation to You had people who were told: you those who are suffering and the fami- help provide those jobs opportunities don’t have to pay anything down; you lies that are suffering. to Detroiters. And if I could, I wanted just have to pay a little down. Don’t I want to tell you, I have witnessed to share with you and then share with worry about the resets; don’t worry that some of our friends on the oppo- our public how that would work. When about what will happen 2 years from site side of the aisle who represent very you visited Detroit, Representative now. And these exotic products were poor communities don’t seem to be WATERS, you may have noticed we had products that had the devil in the de- able to rise to the occasion to offer all these big parcels of vacant land tails. And so people entered into mort- them support. It seems to me that they with just nothing on it or maybe some gages they certainly could not afford can basically talk about and inflame burnt-down houses or buildings. We down the road; and so our communities issues that have nothing to do with the could actually build plants on those are overwhelmed with foreclosures, the economic well-being of their constitu- properties as we built plants back dec- loss of wealth, the loss of the only ents. And so we have to keep reminding ades ago in World War II that housed wealth that many of our families cer- them that this is for everybody. This is the arsenal of democracy that saved tainly had and could ever have for for your constituents that you’re not this world from fascism and helped us years to come. really representing, those poor people win World War II, those same plants I just want to share with you, in ad- in rural communities who don’t have that build those great American-made dition to the joblessness and the fore- health care clinics, those poor people automobiles that put Detroiters to closures and the loss of homes, the me- who don’t have jobs, those poor people work but also put millions of Ameri- dian wealth of white households is 20 who don’t have the kind of education cans back to work. times that of black households and 18 that they should have. So in the same way, we have the land times that of Hispanic households, ac- So thank you for bringing us to the to attract these new plants. We also cording to a Pew Research Center anal- floor this evening to once again put the have roads that have all these potholes ysis of newly available government focus on jobs, jobs, jobs. in them that need to be filled. We have data from 2009. Mrs. CHRISTENSEN. Thank you, bridges, we have water systems that These lopsided wealth ratios are the Congresswoman WATERS, and thank need to be repaired, we have a plan for largest since the government began you for the work that you’ve done to a transit system that could connect publishing such data in 1984, and rough- ensure that our financial regulatory Detroit with the suburbs, help people ly twice the size of the ratios that had agencies have women and minorities on get to jobs in the suburbs, help folks in prevailed between these three groups their boards, for the work that you’ve the suburbs come to Detroit and enjoy for the two decades prior to the Great done to help homeowners stay in their themselves; but we need matching Recession that ended in 2009. The me- homes and address the mortgage crisis, money to be able to do that. dian wealth of United States house- and for all that you do. What businesses have told me and holds in 2009 was $113,149 compared to You know, even though many of the what families have told me is that they $5,677 for blacks and $6,325 for His- people who came to those fairs didn’t moved out of Detroit for a couple of panics. The percentage of African get a job, they got hope, and many of simple reasons. Number one, they Americans with no wealth has in- them had given up. I’m sure that re-en- didn’t feel safe in the city. So it didn’t creased. About 35 percent of black ergized them to go out and keep look- matter how many economic develop- households and 31 percent of Hispanic ing. If they didn’t get a job then, they ment incentives we provided busi- households have zero or negative net will get one. Thank you so much for nesses; few businesses would take those worth in 2009 compared with 15 percent your leadership on that. incentives if they felt that their office of white households. I’d like to yield now to the gen- would be broken into or their employ- Basically, just looking at the jobless- tleman from Michigan, Congressman ees would be robbed. ness and the lack of wealth, the de- HANSEN CLARKE. Thank you for joining Similarly, businesses that had to hire creasing wealth tells the story. No the ladies this evening. a large number of people, folks that communities can survive under these Mr. CLARKE of Michigan. You’re they didn’t know, they were concerned conditions. Everybody must be con- very welcome, Representative that the Detroit public schools really cerned about unemployment in gen- CHRISTENSEN. What I wanted to do was, didn’t graduate folks that had the abil- eral, but specifically these commu- on behalf of all metro Detroiters, I ity to work on the job, that had the nities that are so bad off under the sit- wanted to thank the Congressional ability to read and write adequately to uation and the environment that we’re Black Caucus and, in particular, our be able to do a good job if they were living in at this time. So we support chairperson, Representative MAXINE hired.

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6499 And then, finally, because Detroit As you’ve heard, the Congressional I agree with some of the posters I saw had overspent a lot of its money and Black Caucus is here this evening. in the newspaper this weekend calling they had to finance that deficit with We’re still waiting for the first jobs bill for jobs, not cuts; jobs, not cuts. That bonds and then pay off those bonds by to pass this Congress. And as you’ve is what we have been saying all year, raising the property tax, a lot of busi- heard from my colleagues, we need to including here on the floor of the nesses said, look, for the services I’m begin with the American JOBS Act House every Monday that we’ve been in getting, the taxes are too high. On top which was proposed by our President session. If our leadership listened in- of it, many of their employees, even if Barack Obama. And just to be clear, stead of talk, talk, talk, I believe that they lived in the suburbs, had to pay a while we’re advocates for the African is what they will hear the American city income tax, definitely the resi- American community, we are advo- people at large are saying: jobs, not dents had to do that. cates for everyone; and this bill is good cuts. So I said, look, the taxes are too for everyone, everyone who lives in And we have a golden opportunity to high. If the perception is that the city this country, and it is a good bill for listen to them. For over the last 2 is dangerous, I’m not sure if we are our country. weeks, there has been an ‘‘occupation going to hire qualified people. They de- We happen to feel that putting people of Wall Street’’ because while home- cided to leave the city. Safe streets, back to work in this country now is owners and pensioners and many peo- good schools, low taxes. If we could more important than fighting over an ple have suffered because of their melt- have those pieces in place, we could at- election that is more than a year away. down, we have not seen the kind of tract all the business. And I’ll tell you The American JOBS Act provides tax remedies for the folks on Main Street, why we could, because in spite of all of cuts that will help businesses grow and the side streets or the rural roads that our challenges in Detroit, we still have create jobs, it will help provide incen- would make them whole. They are the best manufacturing know-how in tives to hire the long-term unem- speaking loudly and effectively on this country and in this world. We have ployed, and it will keep teachers and their and on our behalf. the trained workforce to put our State other essential workers like police and And then right here in Washington, back to work and our country back to firefighters in their jobs where we need D.C. today and for the next 3 days the work. But we just need the money to them to be; and it will strengthen, re- Take Back the American Dream con- hire the police officers, to hire the pair, and build needed and faulty infra- ference is here. They will be on the Hill school teachers, to pay off our debt and structure and in doing so will create on Wednesday calling on us to end the cut our taxes. even more jobs; and it will give people nightmare that the dream is turning Now, this Congress says we don’t a decent job which will allow them to into for far too many people and to re- have the money. But I say we do. It’s in take care of their families, to buy what store the American Dream access the very Federal taxes that Detroit in- we make here in America, and it will which has been the hallmark and the dividuals and Detroit businesses pay stimulate economic growth. pride of this country. every year; $2 billion a year Detroiters It would give every American worker What is happening at this conference pay to the Federal Government, to the and their family a tax cut through ex- and the one in New York is that Ameri- IRS in Washington. My bill, House bill tending the tax payroll tax holiday and cans are saying enough is enough. And 2920, would ask this Congress to say do more to fix the mortgage crisis that they are fighting back against the cuts this: instead of sending Detroit tax dol- got us here in the first place by allow- that are making it hard for far too lars to Washington, D.C., let’s redirect ing more refinancing of mortgages. It many people in this country to survive. that money to Detroit, place it in a would help our fellow Americans take b 2100 trust fund where it can’t be touched, better care of their families, putting only to go to projects that will create their children in better schools, sup- They’re fighting back against at- jobs, to retire our debt, to hire police porting small businesses, building con- tempts to repeal health care reform, officers, to hire school teachers to keep sumer confidence and spurring the fighting back against proposals that our school buildings open longer, high- spending that our economy needs to would weaken Social Security, Medi- quality schools, and, yes, to cut taxes get back on track. This is what this care, and Medicaid, and fighting back to eliminate our city income tax and Congress ought to be doing, not focus- against voter suppression laws. They’re reduce our property taxes. That would ing on the solitary goal of making fighting for jobs, for a future for our attract jobs back. President Obama a one-term President. children, and they’re fighting for our And then we would have the money That is a losing proposition anyway. democracy. to fix up those roads, repair the dete- No one should be willing to let our It is so very interesting this talk riorating water system, and train peo- fellow Americans suffer, fall into and about President Obama and Democrats ple for jobs and then possibly even cre- become mired in poverty, remain un- waging class warfare all because we ate a job program like the CETA job employed, lose homes and to cause our want everyone in this country to do program that I got hired into that economy to crumble further just be- their part to help this country recover saved me, that saved me from a life cause they have political and whatever from a deep recession, all because we that my friends ended up in—prison, other differences with our President. want to let tax cuts that were only incarcerated, on drugs, or dead. Those Mr. Speaker, the Republican leader- supposed to be around for 10 years that programs that this Congress stood for ship, led by the Tea Party extremists, have now been extended to 12 years fi- 30 years ago helped save my life, and it are taking this country in the absolute nally expire like they were supposed can help save this country. wrong direction by insisting on cutting to. Come on, colleagues, let’s be hon- So I want to thank you for giving me and cutting and cutting important pro- est. They were never meant to be per- this time to speak before the body. De- grams and services like the Women, In- manent. troit, we’ve got the money to put our fants and Children program, Maternal And how many jobs have these tax people back to work. We pay it to the and Child Health and Supplemental cuts created as was loudly touted they IRS every year. I’m asking this Con- Nutrition Assistance programs at a would do? In 2001, at the end of the gress to allow us to keep our money for time when there are more people and Clinton administration, he handed over 5 years, to put our people back to work more children in poverty, by working this government with an over $2 tril- as a pilot basis, and to show this coun- to deny the opportunity for health care lion surplus. Now, after those tax cuts try what Detroit can do for itself and to the over 30 million people who we enacted in 2001, after almost 12 years of for America. Thank you so much, and worked so hard to get insured, includ- them, we are in record deficits and the God bless you. ing sick children, and people who worst recession since the Great Depres- Mrs. CHRISTENSEN. Thank you, would otherwise go bankrupt because sion. And President Obama did not cre- Congressman CLARKE. Your passion is of catastrophic illnesses over which ate that; he inherited it. clear, and Detroit doesn’t have a they had no control, people who are al- The poverty rate is at the second stronger advocate than you, and we are ready getting care because of the Af- highest in 45 years, and it is hitting, as pleased to be a co-sponsor of your bill. fordable Care Act that is being so you’ve heard, African Americans and Thank you for joining us. wrongly maligned. Latino Americans hardest. The share

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6500 CONGRESSIONAL RECORD — HOUSE October 3, 2011 of Americans in deep poverty, with in- years in indirect and direct costs, in ple to continue to suffer through our national comes below half of the poverty line, is addition to saving lives. So if we really jobs nightmare and continue in their insistence at the highest level ever recorded. And wanted a deficit reduction, eliminating to not bring a single jobs bill to the floor. African Americans are more likely to health disparities and achieving health What, Mr. Speaker, is the majority afraid of? be in extreme poverty. equity is deficit reduction at its best. Are they afraid that the American people, rec- While we hear a lot about how much And that’s why we will continue to ognizing that this could be the start toward re- of a share of taxes the richest 1 percent work relentlessly as a caucus to save solving our national unemployment tragedy? Is or the richest 10 percent pay, let me re- homes, to build and equip better the Republican leadership so afraid of the tea mind everyone that white Americans’ schools, to support regulations that party that they are willing to allow continued wealth is 20 times—and you heard it protect our families and all families national misery to satisfy a minority of their earlier, but it bears repeating—20 times from the health and other effects of caucus? that of African Americans and 18 times pollution. We have also worked to- Regardless, as Members of Congress we that of Latinos. And that between 2000 gether on budgets. And because we represent the concerns of our constituents and and 2007, not 10 percent, not 20 percent, know that our country can invest I know what my constituents are telling me. not 40 percent, but 100 percent, all of where needed in health care, education, They are telling me that Congress needs to the increase in wealth went to the top green energy, and job creation and re- get its act together and start focusing on the 10 percent in this country—all, the top duce the deficit at the same time, we priorities of the American people and not 10 percent. The gap between rich and are preparing to send our recommenda- those of a tiny, radical fringe of the majority. poor got wider. The rich got richer; the tion to the Joint Select Committee on Ms. JACKSON LEE of Texas. Mr. Speaker, poor got poorer. That’s a very dan- Deficit Reduction. It will likely be for the past 40 years the Congressional Black gerous trend for the future of this based on our proposed 2012 budget. And Caucus, has earned the reputation as the con- country. it will end class warfare by allowing science of the Congress by providing a voice And then unemployment has reached the high-end Bush tax cuts to expire for the voiceless and fighting for the forgotten. record highs as well. You don’t hear while strengthening the middle class, This summer, we worked diligently to live up about it much. You hear it from us. continuing to create pathways out of to and maintain our reputation. To address unemployment and the need for But in far too many places, our rural poverty for our fellow Americans, and job creation solutions in underserved commu- and our urban areas, communities of protecting Social Security, Medicare, nities, the Congressional Black Caucus called color, unemployment remains in dou- and Medicaid. ble digits. African American unemploy- This country, Mr. Speaker, is fortu- upon private and public sector partners to im- ment nationally is over 16 percent, but nate to have a Congressional Black mediately remedy the crisis by going into com- as you’ve heard, we know that it is Caucus fighting on its behalf. And it is munities with legitimate, immediate employ- higher than that in many parts of our not only our duty, but it’s our honor ment opportunities for the underserved with country. and privilege to do so. the ‘‘For the People’’ Jobs Initiative—which in- So if we want to talk honestly about With that, I yield back the balance of cluded nationwide town halls and job fairs. During the month of August, nearly half of class warfare, class warfare is what too my time. the Congressional Black Caucus traveled the many people in this country have been Ms. CLARKE of New York. Mr. Speaker, the country and saw firsthand how unemployment experiencing since 2001. And now that American people made it abundantly clear continues to devastate our communities during we have a President who wants to end what they expected from the 112th Congress. it, he is being accused of class warfare. the ‘‘For the People’’ Jobs Initiative. They expect us to stop fighting each other and Nearly 30,000 people from all walks of life If we really want to end class warfare, to do the right thing for the country. attended CBC Jobs Initiative events in Cleve- my colleagues, my colleagues on the However, instead of doing that, the Repub- land, Detroit, Atlanta, Miami, and Los Angeles. other side of the aisle should be sup- lican majority has done the exact opposite by Given the substantial coverage of the porting rather than opposing him. engaging in partisan political games that cost events, our nation’s citizens will have great dif- Let’s get real. the U.S. our triple-A credit rating, resulted in ficulty saying they were unaware of the suf- In all of our 40 years, the Congres- several near government shutdowns and near- fering of millions of unemployed Americans. sional Black Caucus has always been a ly led to the first national default in our history. Like us, they too saw the lines wrapped caucus of action. Our agenda has been These actions don’t reflect the American around city blocks with hopeful citizens consistent, and we’ve pushed every people’s will, but rather the priorities of the searching for a job opportunity to provide eco- Congress and every President. And so Republican leadership of the House. The nomic security for themselves and their fami- we resent anyone trying to put a wedge American people have done everything they lies. between us and our President to fur- can to make it clear, but Mr. Speaker, allow We all know that job fairs and town halls are ther their own agenda, one which is me to repeat their refrain: Jobs! not sufficient to address the jobs crisis; how- clearly not ours. Last month, President Obama unveiled his ever, it is a small step in the right direction. But we continue to be the conscience vision for job creation in the United States. The unemployment numbers released in Au- of the Congress, as MAXINE WATERS While I would like to see a bit more with re- gust demonstrate that there is a significant coined when she was chair, the ‘‘fair- gards to direct job creation, it is a good start hemorrhage in the African American commu- ness cops of our Nation.’’ That is why, to addressing our nation’s high unemployment, nity that is not being addressed, which has re- when we could see none of our 40 job- a rate that hovers around 16 percent for Afri- sulted in extremely high job loss. creating bills come to the floor under can American communities. Overall unemployment remains stagnant at the leadership of our chairman, EMAN- Mr. Speaker, the Congressional Black Cau- 9.1 percent while unemployment in the African UEL CLEAVER, and the Jobs Task Force cus has been at the forefront of the call for American community has risen dramatically chair and former CBC chair, MAXINE jobs legislation in the 112th Congress. The from 15.9 percent to 16.7 percent. WATERS, we called on the private sec- CBC put together a nationwide jobs fair to not Well into the 112th Congress, the Congres- tor as well as government agencies to only bring attention to the appalling unemploy- sional Black Caucus continues to urge the Re- come with us across the country to get ment numbers in the black community and publican Leadership to address unemployment people working again. And that is why help bring those seeking jobs together with in any meaningful way. we worked so hard with our Hispanic employers, but to turn up the volume on a na- We cannot afford to watch a segment of our and Asian colleagues to get the Afford- tional crisis that has taken a back seat to the community suffer from depression level unem- able Care Act passed. And we will work majority’s favored approach of simply cutting ployment, hoping that overall solutions will just as hard to see that it gets imple- our way to prosperity. trickle down and fix the problem. It is clear mented. We are not going to sit quietly Would you believe Mr. Speaker, that just that method will not work. and let a vital door that is just opening today, the Majority Leader said that the House Therefore, the Members of the CBC unani- for many to be slammed shut in our would not be holding a vote on the American mously co-sponsored and introduced the Con- communities and communities like Jobs Act; saying that voting on the complete gressional Black Caucus ‘‘For the People’’ ours who need it most. package was ‘‘unreasonable’’. Jobs Initiative Resolution (H. Res. 348) to Many scholarly reports have shown Mr. Speaker, what Americans find ‘‘unrea- urge the House of Representatives to imme- that just eliminating health disparities sonable’’ is that the Republican majority is, diately consider and pass critical jobs legisla- could save $1.24 trillion in just over 4 once again, going to allow the American peo- tion.

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6501 Additionally, CBC members have introduced porate tax of any country in the world, not anywhere, unless you can produce over fifty job creation bills since the beginning 35 percent. China is 17 percent. So you the things that are needed in the event of the 112th Congress, launched a national lower that tariff that corporations of war. That’s why I’m an advocate for jobs initiative, and provided nine job creation have to collect on their goods, jobs natural gas being used to power cars. proposals targeting our nation’s most vulner- would come flooding back, and we We need to make sure it’s safe, but it’s able communities in this document. could see Detroit become the car cap- cleaner burning. We believe that through Creating, Pro- ital that it once was and that it should Some people say, no, we’ve got to get tecting, and Rebuilding those who have suf- be. We would see those jobs come back. cars that run on electricity. They don’t fered relentlessly from our country’s great re- In first questioning CEOs overseas, apparently realize that electricity has cession would be granted another chance at the number one answer I would get on to be generated somewhere, and it’s ob- perusing the American dream. why they moved was too much regula- vious that Solyndra’s not going to be We stand at a critical point in our nation’s tion. Well, that was a problem. Dif- producing it for us. Maybe if we give history. The time for bold action on jobs is ficulty in dealing with unions or too them several trillion dollars instead of now. high wages compared to what people just 600 billion, maybe eventually they Every American has the right to be gainfully get around the world, that was a prob- could come up with a product that employed and CBC Members will not rest until lem. would compete, but that hasn’t hap- there is equality in access to jobs and eco- b 2110 pened. So mistakes have been made. Mis- nomic opportunity. It wasn’t the number one problem. takes get made on both sides of the f The number one problem was the 35 aisle. Republicans made a mistake in CURRENT EVENTS percent corporate tax, a tariff we put ’05 and ’06, my freshman term here, and The SPEAKER pro tempore. Under on all American-made goods. I’ve had people who, apparently, with I have to say that our friends across the Speaker’s announced policy of Jan- degrees, are educated beyond their the aisle rightfully beat up on us back uary 5, 2011, the gentleman from Texas abilities, say, but if you lowered or got in 2006 for spending $160 billion more (Mr. GOHMERT) is recognized for 30 min- rid of the corporate tax, where would than we took in. We shouldn’t have utes. all that tax money come from? Because done that. And they promised they Mr. GOHMERT. Thank you, Mr. they don’t understand how jobs are cre- would get spending down under control Speaker. ated. They think that money, it’s a and would not run a deficit like that if I know my friend from the Virgin Is- zero sum balance. It just would go they were simply given the majority. lands and I have differences on polit- away, and there would be no more tax. They were for 4 years, and the spending ical issues, but she was very gracious We’d lose that much tax. went through the roof. to me personally and I will always be And, in fact, the liberal Congress Republicans made a mistake by grateful, very grateful. Thank you. that existed in 1974 when they set up spending more than was coming in by We do differ on some of the issues. CBO and set up their rules for scoring $160 billion. And then our friends And hearing my friend across the aisle bills does not allow the Congressional across the aisle made a mistake over from Michigan (Mr. CLARKE), he wants Budget Office to score based on reality. the last 4 years as they got that spend- what’s best for his constituents. He They are forced to score under archaic, ing up over $1 trillion, $1.5 trillion wants them to have jobs. He wants unrealistic rules that are not allowed more than we were bringing in. Major them to have less taxes. He wants them to take into consideration past history mistake. to be able to revitalize their city. And in calculating future performance. But I want to spend the remainder of that is what people want on both sides Huge mistake. But the Democrats in my time tonight in talking about an- of the aisle. We just have a difference charge in 1974 knew what they were other problem that we’ve had here in of opinion on the best way to go about doing. the United States and with the Federal it. So you drop that tax. And, like I’ve Government. There’s been a lot of talk My friend from California said that said, the American Jobs Act is my bill. the last few days about the death of the Tea Party really didn’t want any- After the President beat up on us for 6 Anwar al-Awlaki. And it is important thing that will raise revenues. And I days, and it became very obvious he to note the things that we were told in know she believes that, but the con- was more concerned about making past years about Mr. Awlaki. trary is actually true. And what we speeches about American Jobs Act Pajamas Medium, that’s a funny have seen historically is, when you cre- than he was actually getting one filed name, but Patrick Poole has done a ate jobs, even if the tax rate is lowered, and getting one pushed through, then I good job doing some research on some if you do something that creates jobs, felt like, if he’s going to criticize me of the old articles. For example, back then the tax rate increases. and our friends here for not passing the in November of 2001 The Washington Some people have tried to vilify me American Jobs Act, by golly, there Post—let’s see, I think they’re going because I’m advocating getting rid of a ought to be one. So I did file one, and after our Governor from Texas right rather insidious—I sometimes think it that’s what it does. now. is the most insidious tax we have be- I’m negotiable. If the President Well, that same Washington Post had cause it has convinced rank-and-file would like to come up zero in corporate a wonderful blog back in November of folks across America that they don’t tax, I’m flexible. But the fact is, jobs 2001 and featured none other than have to pay this tax, some greedy, would come rushing back into this Imam Anwar al-Awlaki. And he was al- nasty corporation will pay the cor- country if the manufacturers, if the lowed to use The Washington Post to porate tax, when the truth is the cor- companies knew no corporate tariff is try to convince people of what a man of porations are nothing but collection put on those products. They could com- peace he was. And you get the impres- agents. If they don’t collect the tax by pete around the world; we would retake sion, certainly, The Washington Post adding on price to the cost of their the world. said he was a good guy. product, to the price of their services, I know there are people in this coun- You can look back, again, November they don’t stay in business. They’re a try, good folks, smart folks, that think 19, 2001. And I printed this off of the collection agent. So the fact is, if you we are better off as a service-oriented Internet from The Washington Post. were to drop that tariff that we lay on society in America, rather than a man- Understanding Ramadan, the Muslim our own products—it’s a 35 percent tax. ufacturing society. The trouble with month of fasting. And they featured It’s really a tariff. You eliminate that that is, and as I heard from people in Imam Anwar al-Awlaki. and jobs come rushing back into Amer- West Africa last year, we’re their hope Now, obviously, The Washington ica. for freedom. If we don’t remain strong, Post doesn’t care much for the Gov- The number one reason you get when as one elderly gentleman told me, they ernor of Texas, but they certainly had you travel around the world—whether have no chance of enjoying freedom in a great appreciation for the man that it’s Africa, China. Others tell me from this life. was killed recently, featuring him in South America, Hey, we had to move Well, you can’t be an international their publication to explain things for because America has the highest cor- power and protect freedom, not here, us. And they featured him explaining

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6502 CONGRESSIONAL RECORD — HOUSE October 3, 2011 that, about Ramadan. Isn’t that won- capture list, is still considered a grave matic passports, had their visas re- derful that The Washington Post would threat to U.S. national security. He voked in January 2004, and the insti- reach out to someone who it turns out now is hiding out in Yemen, where ear- tute itself was raided by the FBI, Cus- wanted to destroy America, our way of lier this month a U.S. missile attack toms, and the IRS the following July. life, thought it was a good idea to kill tried to kill him and his followers. It goes on to say: Americans, believed that actually it The scene was much different on Feb- Awlaki’s role in the program was re- would be a good thing to bring down ruary 5, 2002, when the radical imam ported by Glenn Simpson at The Wall America. It was good The Washington was invited to and attended the Pen- Street Journal back in December 2003 Post would give him that much time tagon event. but hasn’t been mentioned since. Writ- because they’re so open-minded, honor- Fox News obtained new documents ing about the IIASA’s controversial able people. So are they all, all honor- through a Free of Information Act re- role in the military chaplain program, able people, as Shakespeare had Mark quest as part of a year-long investiga- Simpson noted: Anthony saying. tion called ‘‘Fox News Reporting: Se- ‘‘Anwar al-Awlaki, the former imam All those folks at The Washington crets of 9/11.’’ An internal Department at a mosque in San Diego, also has lec- Post, they’re honorable people. I mean, of Defense email that announced the tured at the institute. A congressional why else would they give their paper, event with Awlaki also laid out other report on September 11 released this their moniker, to a man that they details, like a proposed menu including July said Mr. Awlaki counseled two of judged to be a man of peace? pork, which is prohibited for Muslims. the hijackers while they stayed in San New York Times had a good article, The email states ‘‘the chef will create Diego and then transferred to a mosque October 19 of 2001, and they mentioned something special for vegetarians.’’ that both hijackers attended in north- Imam Anwar al-Awlaki, spiritual lead- The documents show that more than ern Virginia shortly before the attacks. er at the Dar al-Hijrah mosque in Vir- 70 people were copied on the invitation, Mr. Awlaki, who is now believed to be ginia, one of the Nation’s largest, which originated in the Defense De- in Yemen, has denied knowing of the which draws about 3,000 worshippers for partment’s Office of the General Coun- hijackers’ plans.’’ communal prayers each Friday. sel. It is home to the Pentagon’s top The article goes on: More is now known about Awlaki’s ‘‘In the past we were oblivious. We lawyer. relationship with the 9/11 terror plot. didn’t really care much because we ‘‘I have reserved one of the executive Time magazine reported that the cleric never expected things to happen. Now I dining rooms for February 5, which is held closed-door meetings with two of think things are different. What we the date he, Awlaki, preferred,’’ a De- the hijackers in San Diego, and the might have tolerated in the past we fense Department lawyer wrote in the pair followed Awlaki to the D.C. area won’t tolerate anymore. There were email announcing the event. some statements that were inflam- ‘‘He will be leaving for an extensive when he moved there in early 2001. matory and were considered just talk, period of time on February 11.’’ Hani Hanjour, who flew American Air- but now we realize that talk can be The email states that New Mexico lines Flight 77 into the Pentagon, taken seriously and acted upon in a born al-Awlaki was the featured guest joined them there. The three hijackers violent, radical way,’’ said Mr. Awlaki, speaker on ‘‘Islam and Middle Eastern attended the Dar al-Hijrah mosque in who, at 30, is held up as a new genera- Politics and Culture.’’ Falls Church, Virginia, where Awlaki tion of Muslim leader capable of merg- The Defense Department lawyer who served as imam. ing East and West, born in New Mexico vetted the imam wrote that she ‘‘had Well, isn’t that interesting? Also, a report, this is a Rewind: to parents from Yemen, who studied the privilege of hearing one of Mr. Anwar al-Awlaki leads prayers inside Islam in Yemen and civil engineering Awlaki’s presentations in November U.S. Capitol for congressional Muslim at Colorado State University. and was impressed by both the extent staffers. So they featured what they believed of his knowledge and by how he com- to be a man of peace. And, certainly, This is from Pajamas Media: municated that information and han- Anwar al-Awlaki’s appearance lead- The New York Times is full of honor- dled a hostile element in the audi- able people. So are they all at The New ing Friday afternoon prayers inside the ence.’’ U.S. Capitol following the 9/11 attacks. York Times, all honorable people that The article goes on and points out had such nice things to say about the As Fox News later reported, Anwar al- that al-Awlaki, a dual U.S. and Yemeni Awlaki was not the only terror-tied al man who would destroy America. national, was interviewed at least four Of course, Fox News published an ar- Qaeda cleric leading prayers for the times by the FBI in the first 8 days Congressional Muslim Staff Associa- ticle on May 20, 2011, that said: after September 11 because he had ties With the recent death and, again, tion. to the three hijackers involved. They this was May of this year, of Osama bin Then it goes on and points out that were three of the five hijackers of Laden, the life of another al-Qaeda- there is footage of Awlaki leading American Airlines Flight 77, which was linked radical Muslim cleric—well, prayers for congressional Muslim staff- flown into the Pentagon. Apparently that seems pretty hurtful of them, Fox ers (which also included then-CAIR of- none of the FBI’s information about News, to say about someone that The ficial and now convicted terror opera- Awlaki, his ties to the hijackers or his New York Times and The Washington tive Randall ‘‘Ismail’’ Royer) shot for a history of soliciting prostitutes, was Post thought so highly of. I’m sorry PBS documentary called ‘‘Muhammad: shared with the Pentagon. Legacy of a Prophet.’’ that Fox News was so mean to some- Another article published in Andrew body that The Times and The Wash- Interesting stuff. Breitbart Presents Big Peace, Novem- Of course, National Public Radio, ington Post liked so much. ber 9, 2010, points out that al-Awlaki The article goes on: that receives so much of our taxpayer Documents obtained exclusively by was involved in the training of the De- money, reported November 1, 2001, that Fox News and its special unit shed new fense Department’s Muslim chaplains Awlaki was contrasted to Osama bin light on his stint as a guest speaker at and lay leaders as an instructor at the Laden as one of the, quote, moderates the Pentagon just months after the Institute for Islamic and Arabic who want to solve the problems with- September 11 terror attacks. American Sciences in America, IIASA, in the out violence, unquote, and someone cleric Anwar al-Awlaki, the first Amer- Washington, D.C., area. who could, quote, build bridges be- ican on the CIA’s kill or capture list, It goes on to say: tween Islam and the West, unquote. Controlled by the Saudi Embassy and which seems a little mean of the CIA. Interesting stuff. It just doesn’t seem operating under the kingdom’s Min- I mean, The Washington Post and The that we seem to learn our lessons very istry of Higher Education, the IIASA New York Times thought he was okay well. served as the branch campus of the al We also know that this Attorney back in 2001. Imam Muhammad Ibn Saud Islamic General not only had a Justice Depart- b 2120 University in Riyadh. The institute ment-involved, which obviously in- Again, the article says: was certified to train the Pentagon’s cluded ATF involvement in selling American cleric Anwar al-Awlaki, Muslim chaplains until 2003. Many of guns to criminals, Mexican drug car- the first American on the CIA’s kill or the faculty members, who held diplo- tels who we know killed at least one,

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6503 and there may be others, but this Jus- end—and there’s a painting of him ten- she presented to the President of the tice Department dropped the charges dering his resignation—included a United States, for his approval, the fol- against the individuals and the groups prayer. He says in the prayer—and we lowing bills: that were named coconspirators in the have his own words, but I won’t read H.R. 2017. Making appropriations for the Holy Hand Foundation trial that was the whole thing—‘‘I now make it my Department of Homeland Security for the tried in Dallas, Texas, first to a hung earnest prayer that God would have fiscal year ending September 30, 2012, and for jury. As I understand, there was an 11– you and the State over which you pre- other purposes; and 1 verdict. One person held up the ver- side in His holy protection.’’ H.R. 2005. To reauthorize the Combating dict, so they tried it again, and the He goes on and says, ‘‘And finally, Autism Act of 2006. Bush administration’s Justice Depart- that He would most graciously be f ment intended if they got a conviction pleased to dispose us all to do justice, ADJOURNMENT of the five people charged with aiding to love mercy and to demean ourselves terrorism that they would then move with charity, humility and pacific tem- Mr. GOHMERT. Mr. Speaker, I move forward. In fact, the Assistant U.S. At- per of mind, which were the character- that the House do now adjourn. torney involved filed pleadings with istics of the Divine Author of our The motion was agreed to; accord- the court, the District Court in Dallas, blessed religion, and without an hum- ingly (at 9 o’clock and 34 minutes Texas, the Federal Court, and also with ble imitation of whose example in p.m.), under its previous order, the the Fifth Circuit in New Orleans in re- these things we can never hope to be a House adjourned until tomorrow, Tues- sponse to some of those groups that happy Nation. day, October 4, 2011, at 10 a.m. for were named coconspirators to sup- ‘‘I have the honor to be, with great morning-hour debate. porting terrorist activity with money respect and esteem, Your excellency’s f and basically said there’s a prima facie most obedient and very humble serv- case here. There’s enough evidence to EXECUTIVE COMMUNICATIONS, ant, George Washington.’’ ETC. keep them in as named coconspirators. Mr. Speaker, in conclusion, I can’t The conviction occurred, I believe it help but wonder if Mr. Al-Awlaki ever Under clause 2 of rule XIV, executive was November of 2008, five defendants, knew the divine author of our blessed communications were taken from the 105 counts, as I recall. Then, rather religion, who George Washington says, Speaker’s table and referred as follows: than going forward as they should have ‘‘without an humble imitation of whose 3297. A letter from the Director, Program based on the evidence, the stacks and example in these things we can never Development and Regulatory Analysis, stacks, the boxes and boxes of evi- hope to be a happy Nation.’’ Rural Utilities Service, transmitting the dence, this Justice Department decided With that, I yield back the balance of Service’s final rule — Emergency Restora- to drop the matter. tion Plan (ERP) (RIN: 0572-AC16) received my time. September 6, 2011, pursuant to 5 U.S.C. b 2130 f 801(a)(1)(A); to the Committee on Agri- It’s understandable given some of the LEAVE OF ABSENCE culture. relationships that are involved. 3298. A letter from the Chief Counsel, De- By unanimous consent, leave of ab- Of course, CAIR, mentioned in one of partment of Homeland Security, transmit- the articles, was one of the named co- sence was granted to: ting the Department’s final rule — Suspen- Ms. EDDIE BERNICE JOHNSON of Texas sion of Community Eligibility [Docket ID: conspirators to financing terrorism in (at the request of Ms. PELOSI) for Mon- FEMA-2011-0002] [Internal Agency Docket the Holy Land Foundation trial. We day and Tuesday on account of official No. FEMA-8191] received August 18, 2011, pur- know that ISNA was one of the named business in the district. suant to 5 U.S.C. 801(a)(1)(A); to the Com- coconspirators, the Islamic Society of mittee on Financial Services. North America, and the head of ISNA, f 3299. A letter from the Director, Division of Imam Magid. Actually, Imam Magid ENROLLED BILLS SIGNED Regulations, Legislation, and Interpretation, was the leader of a named codefendant Department of Labor, transmitting the De- Karen L. Haas, Clerk of the House, partment’s final rule — Nondisplacement of in sponsoring terrorism in the Holy reported and found truly enrolled bills Land Foundation trial, which this ad- Qualified Workers Under Service Contracts of the House of the following titles, (RIN: 1215-AB69; 1235-AA02) received August ministration refused to pursue further. which were thereupon signed by the 31, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Then we find out that Imam Magid, a Speaker pro tempore Mr. HARRIS on the Committee on Education and the Work- year ago, was at the White House, lead- Thursday, September 29, 2011: force. ing the White House in the Iftar cele- 3300. A letter from the Program Manager, H.R. 2005. An act to reauthorize the Com- bration at the conclusion of Ramadan. Department of Health and Human Services, bating Autism Act of 2006. transmitting the Department’s final rule — Then, of course, we know that the H.R. 2017. An act making continuing appro- Rate Increase Disclosure and Review: Defini- second-highest person in the National priations for fiscal year 2012, and for other tions of ‘‘Individual Market’’ and ’’Small Security Agency, Deputy National Se- purposes. curity Advisor Denis McDonough, was Group Market’’ [CMS-9999-F] (RIN: 0938- f AR26) received September 6, 2011, pursuant invited and spoke, and thanked Imam to 5 U.S.C. 801(a)(1)(A); to the Committee on Magid there for the wonderful prayers BILLS PRESENTED TO THE PRESIDENT Energy and Commerce. at the White House and also for the 3301. A letter from the Director, Regula- wonderful introduction. They have a Karen L. Haas, Clerk of the House re- tions Policy and Management Staff, Depart- wonderful relationship. ports that on September 27, 2011 she ment of Health and Human Services, trans- Well, isn’t that special. presented to the President of the mitting the Department’s final rule — Effec- In the wake of Mr. Anwar al-Awlaki United States, for his approval, the fol- tive Date of Requirement for Premarket Ap- being killed in Yemen for his role in lowing bills: proval for Three Class III Preamendments Devices [Docket No.: FDA-2010-N-0412] re- having declared war on the United H.R. 2883. To amend part B of title IV of States, I can’t help but reflect back on ceived September 1, 2011, pursuant to 5 the Social Security Act to extend the child U.S.C. 801(a)(1)(A); to the Committee on En- something that sets our country apart. and family services program through fiscal ergy and Commerce. In a new democracy visited earlier this year 2016, and for other purposes; 3302. A letter from the Regulatory and Pol- year, I had a leader there say, We’re H.R. 2646. To authorize certain Department icy Specialist, Department of the Interior, constantly worried about the military of Veterans Affairs major medical facility transmitting the Department’s final rule — trying to take over because we never projects and leases, to extend certain expir- Indian Trust Management Reform-Imple- ing provisions of law, and to modify certain mentation of Statutory Changes [Docket ID: had a George Washington who did what authorities of the Secretary of Veterans Af- no one has ever done before or since: BIA-2009-0001] (RIN: 1076-AF07) received Au- fairs, and for other purposes; and gust 16, 2011, pursuant to 5 U.S.C. led the Revolution—a military revolu- H.R. 2943. To extend the program of block 801(a)(1)(A); to the Committee on Natural grants to States for temporary assistance for tion—won the Revolution, resigned, Resources. needy families and related programs through and gone home. Nobody has done it be- 3303. A letter from the Deputy Assistant December 31, 2011. fore or since. What a man. Administrator for Operations, NMFS, Na- In his resignation that was sent to Karen L. Haas, Clerk of the House tional Oceanic and Atmospheric Administra- the 13 Governors, Washington, at the also reports that on September 29, 2011 tion, transmitting the Administration’s final

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H6504 CONGRESSIONAL RECORD — HOUSE October 3, 2011 rule — Magnuson-Stevens Act Provisions; 3311. A letter from the Acting Director, Of- 1625-AAOO) received September 1, 2011, pur- Fisheries of the Northeastern United States; fice of Sustainable Fisheries, NMFS, Na- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Northeast Multispecies Fishery; Amendment tional Oceanic and Atmospheric Administra- mittee on Transportation and Infrastruc- 16, Framework Adjustment 44, and Frame- tion, transmitting the Administration’s final ture. work Adjustment 45 [Docket No.: 100526226- rule — Fisheries of the Exclusive Economic 3319. A letter from the Attorney, Depart- 1322-02] (RIN: 0648-AY95) received September Zone Off Alaska; Pelagic Shelf Rockfish for ment of Homeland Security, transmitting 1, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Catcher/Processors Participating in the the Department’s final rule — Safety zone; the Committee on Natural Resources. Rockfish Limited Acess Fishery in the Cen- San Diego POPS Fireworks, San Diego, CA 3304. A letter from the Acting Director, Of- tral Regulatory Area of the Gulf of Alaska [Docket No.: USCG-2011-0567] (RIN: 1625- fice of Sustainable Fisheries, NMFS, Na- [Docket No.: 101126522-0640-02] (RIN: 0648- AA00) received September 1, 2011, pursuant tional Oceanic and Atmospheric Administra- XA588) received August 16, 2011, pursuant to to 5 U.S.C. 801(a)(1)(A); to the Committee on tion, transmitting the Administration’s final 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. rule — Fisheries of the Northeastern United Natural Resources. 3320. A letter from the Attorney-Advisor, States; Spiny Dogfish Fishery; Commercial 3312. A letter from the Acting Director, Of- Department of Homeland Security, transmit- Period 1 Quota Harvested [Docket No.: fice of Sustainable Fisheries, NMFS, Na- ting the Department’s final rule — Safety 110303179-1290-02] (RIN: 0648-XA632) received tional Oceanic and Atmospheric Administra- Zones; July Fireworks Displays and Swim September 8, 2011, pursuant to 5 U.S.C. tion, transmitting the Administration’s final Events in the Captain of the Port New York 801(a)(1)(A); to the Committee on Natural rule — Fisheries of the Exclusive Economic Zone [Docket No.: USCG-2011-0565] (RIN: Resources. Zone Off Alaska; Pacific Ocean Perch In the 1625-AA00; 1625-AA08) received September 1, 3305. A letter from the Acting Director, Of- Western Aleutian District of the Bering Sea 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the fice of Sustainable Fisheries, NMFS, Na- and Aleutian Islands Management Area Committee on Transportation and Infra- tional Oceanic and Atmospheric Administra- [Docket No.: 101126521-0640-02] (RIN: 0648- structure. tion, transmitting the Administration’s final XA589) received August 16, 2011, pursuant to 3321. A letter from the Attorney-Advisor, rule — Fisheries of the Northeastern United 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Homeland Security, transmit- States; Atlantic Mackerel, Squid, and Natural Resources. ting the Department’s final rule — Draw- Butterfish Fisheries; Closure of the 2011 Tri- 3313. A letter from the Acting Director, Of- bridge Operation Regulation; Raritan River, mester 2 Directed Loligo Squid Fishery fice of Sustainable Fisheries, NMFS, Na- Arthur Kill and their tributaries, Staten Is- [Docket No.: 100804323-0569-02] (RIN: 0648- tional Oceanic and Atmospheric Administra- land, NY and Elizabeth, NJ [Docket No.: XA617) received September 8, 2011, pursuant tion, transmitting the Administration’s final USCG-2010-1117] (RIN: 1625-AA09) received to 5 U.S.C. 801(a)(1)(A); to the Committee on rule — Atlantic Highly Migratory Species; September 1, 2011, pursuant to 5 U.S.C. Natural Resources. Inseason Action To Close the Commercial 801(a)(1)(A); to the Committee on Transpor- 3306. A letter from the Acting Director, Of- Non-Sanbar Large Coastal Shark Research tation and Infrastructure. fice of Sustainable Fisheries, NMFS, Na- Fishery [Docket No.: 100622276-0569-02] (RIN: 3322. A letter from the Senior Program An- tional Oceanic and Atmospheric Administra- 0648-XA580) received August 16, 2011, pursu- alyst, Department of Transportation, trans- tion, transmitting the Administration’s final ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule — Air- rule — Fisheries of the Northeastern United on Natural Resources. worthiness Directives; Fokker Services B.V. States; Scup Fishery; Adjustment to the 2011 3314. A letter from the Acting Director, Of- Model F.28 Mark 1000, 2000, 3000, and 4000 Air- Winter II Quota [Docket No.: 101029427-0609- fice of Sustainable Fisheries, NMFS, Na- planes [Docket No.: FAA-2011-0473; Direc- 02] (RIN: 0648-XA555) received September 8, tional Oceanic and Atmospheric Administra- torate Identifier 2011-NM-019-AD; Amend- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion, transmitting the Administration’s final ment 39-16774; AD 2011-17-10] (RIN: 2120-AA64) Committee on Natural Resources. rule — Atlantic Highly Migratory Species; received September 9, 2011, pursuant to 5 3307. A letter from the Acting Director, Of- Atlantic Bluefin Tuna Fisheries; Northern U.S.C. 801(a)(1)(A); to the Committee on fice of Sustainable Fisheries, NMFS, Na- Area Trophy Fishery [Docket No.: 110210132- Transportation and Infrastructure. tional Oceanic and Atmospheric Administra- 1275-02] (RIN: 0648-XA550) received August 16, 3323. A letter from the Assistant Chief tion, transmitting the Administration’s final 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Counsel for General Law, Department of rule — Fisheries of the Caribbean, Gulf of Committee on Natural Resources. Transportation, transmitting the Depart- Mexico, and South Atlantic; Gulf of Mexico 3315. A letter from the Acting Director, Of- ment’s final rule — Hazardous Materials: Reef Fish Fishery; 2011 Commercial Quota fice of Sustainable Fisheries, NMFS, Na- Minor Editorial Corrections and Clarifica- and 2011 Commercial Fishing Season for tional Oceanic and Atmospheric Administra- tions [Docket No.: PHMSA-2011-0134 (HM- Greater Amberjack [Docket No.: 040205043- tion, transmitting the Administration’s final 244D)] (RIN: 2137-AE77) received September 9, 4043-01] (RIN: 0648-XA592) received September rule — Fisheries of the Exclusive Economic 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Zone Off Alaska; Northern Rockfish for Committee on Transportation and Infra- the Committee on Natural Resources. Catcher/Processors Participating in the structure. 3308. A letter from the Assistant Adminis- Rockfish Limited Access Fishery in the Cen- 3324. A letter from the Chairman, Surface trator for Fisheries, NMFS, National Oce- tral Regulatory Area of the Gulf of Alaska Transportation Board, transmitting the anic and Atmospheric Administration, trans- [Docket No.: 101126522-0640-02] (RIN: 0648- Board’s final rule — Regulations Governing mitting the Administration’s final rule — XA594) received August 16, 2011, pursuant to Fees for Services Performed in Connection Fisheries of the Northeastern United States; 5 U.S.C. 801(a)(1)(A); to the Committee on with Licensing and Related Services — 2011 Atlantic Mackerel, Squid, and Butterfish Natural Resources. Update [Docket No.: EP 542 (Sub-No. 19)] re- Fishery; Emergency Rule Extension, Revi- 3316. A letter from the Deputy Assistant ceived September 1, 2011, pursuant to 5 sion of 2011 Butterfish Specifications [Dock- Administrator for Operations, NMFS, Na- U.S.C. 801(a)(1)(A); to the Committee on et No.: 110218149-1182-01] (RIN: 0648-BA86) re- tional Oceanic and Atmospheric Administra- Transportation and Infrastructure. ceived September 8, 2011, pursuant to 5 tion, transmitting the Administration’s final 3325. A letter from the Deputy Assistant U.S.C. 801(a)(1)(A); to the Committee on Nat- rule — Magnuson-Stevens Fishery Conserva- Secretary for Import Administration, De- ural Resources. tion and Management Act (MSA) Provisions; partment of Commerce, transmitting the De- 3309. A letter from the Deputy Assistant Fisheries of the Northeastern United States; partment’s final rule — Certification of Fac- Administrator for Regulatory Programs, Atlantic Sea Scallop Fishery; Amendment 15 tual Information to Import Administration NMFS, National Oceanic and Atmospheric to Atlantic Sea Scallop Fishery Management during Antidumping and Countervailing Administration, transmitting the Adminis- Plan (Scallop FMP) [Docket No.: 110329229- Duty Proceedings: Supplemental Interim tration’s final rule — Atlantic Highly Migra- 1370-03] (RIN: 0648-BA71) received August 16, Final Rule [Docket No.: 0612243022-1484-02] tory Species; Modification of the Retention 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN: 0625-AA66) received September 1, 2011, of Incidentally-Caught Highly Migratory Committee on Natural Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Species in Atlantic Trawl Fisheries [Docket 3317. A letter from the Attorney — Advisor, mittee on Ways and Means. No.: 110112022-1262-02] (RIN: 0648-BA45) re- Department of Homeland Security, transmit- 3326. A letter from the Director, Regula- ceived September 8, 2011, pursuant to 5 ting the Department’s final rule — Safety tions and Disclosure Law Division, Depart- U.S.C. 801(a)(1)(A); to the Committee on Nat- Zones; Fireworks within the Sector Boston ment of Homeland Security, Department of ural Resources. Captain of the Port Zone [Docket No.: USCG- the Treasury, transmitting the Department’s 3310. A letter from the Acting Director, Of- 2011-0507] (RIN: 1625-AA00) received Sep- final rule — Rules of Origin for Imported fice of Sustainable Fisheries, NMFS, Na- tember 1, 2011, pursuant to 5 U.S.C. Merchandise [USCBP-2007-0100] (RIN: 1515- tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Transpor- AD53) (Formerly RIN: 1505-AB49) received tion, transmitting the Administration’s final tation and Infrastructure. August 30, 2011, pursuant to 5 U.S.C. rule — Fisheries of the Exclusive Economic 3318. A letter from the Attorney, Depart- 801(a)(1)(A); to the Committee on Ways and Zone Off Alaska; Pacific Ocean Perch in the ment of Homeland Security, transmitting Means. West Yakutat District of the Gulf of Alaska the Department’s final rule — Safety Zone; 3327. A letter from the Chief, Publications [Docket No.: 101126522-0640-02] (RIN: 0648- Houma Navigation Canal, from Waterway and Regulations Branch, Internal Revenue XA610) received August 16, 2011, pursuant to Mile Markers 19.0 to 20.0, Southwest of Service, transmitting the Service’s final rule 5 U.S.C. 801(a)(1)(A); to the Committee on Bayou Plat, bank to bank, Terrebonne Par- — Election to Expense Certain Refineries Natural Resources. ish, LA [Docket No.: USCG-2011-0523] (RIN: [TD 9547] (RIN: 1545-BF05) received August

VerDate Mar 15 2010 00:25 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H03OC1.REC H03OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 3, 2011 CONGRESSIONAL RECORD — HOUSE H6505 31, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to poses; to the Committee on Financial Serv- Congress has the power to enact this legis- the Committee on Ways and Means. ices. lation pursuant to the following: 3328. A letter from the Director, Office of By Mr. CANTOR (for himself and Mr. Article I, section 8 of the United States Regulations, Social Security Administra- FARR) (both by request): Constitution clause 18 (relating to the power tion, transmitting the Administration’s final H.R. 3078. A bill to implement the United of Congress to make all laws necessary and rule — Protecting the Public and Our Per- States-Colombia Trade Promotion Agree- proper for carrying out the powers vested in sonnel to Ensure Operational Effectiveness ment; to the Committee on Ways and Means. Congress); and Article IV, section 3, clause 2 [Docket No.: SSA-2011-0052] (RIN: 0960-AH35) By Mr. CANTOR (for himself and Mr. (relating to the power of Congress to dispose received September 6, 2011, pursuant to 5 MCDERMOTT) (both by request): of and make all needful rules and regulations U.S.C. 801(a)(1)(A); to the Committee on H.R. 3079. A bill to implement the United respecting the territory or other property Ways and Means. States-Panama Trade Promotion Agree- belonging to the United States). ment; to the Committee on Ways and Means. f By Mr. MCDERMOTT: By Mr. CANTOR (for himself and Mr. H.R. 3076. REPORTS OF COMMITTEES ON LEVIN) (both by request): Congress has the power to enact this legis- PUBLIC BILLS AND RESOLUTIONS H.R. 3080. A bill to implement the United lation pursuant to the following: States-Korea Free Trade Agreement; to the Clause 1 of Section 8 of Article 1 of the Under clause 2 of rule XIII, reports of Committee on Ways and Means. United States Constitution committees were delivered to the Clerk By Mr. JOHNSON of Illinois: By Mr. MILLER of North Carolina: for printing and reference to the proper H.R. 3081. A bill to authorize the use of cer- H.R. 3077. calendar, as follows: tain rail relocation funding for high-speed Congress has the power to enact this legis- rail projects; to the Committee on Transpor- Mr. MICA: Committee on Transportation lation pursuant to the following: tation and Infrastructure. Article 1 Section 8. and Infrastructure. H.R. 2838. A bill to au- By Mr. JOHNSON of Illinois (for him- thorize appropriations for the Coast Guard By Mr. CANTOR: self and Mr. LIPINSKI): H.R. 3078. for fiscal years 2012 through 2015, and for H.R. 3082. A bill to provide a biennial budg- Congress has the power to enact this legis- other purposes; with an amendment (Rept. et for the United States Government, and for lation pursuant to the following: 112–229). Referred to the Committee of the other purposes; to the Committee on the Article I, Section 8, Clause 1 (the power to Whole House on the state of the Union. Budget, and in addition to the Committees lay and collect duties and imposts) and Arti- Mr. DREIER: Committee on Rules. House on Rules, and Oversight and Government Re- cle I, Section 8, Clause 3 (the power to regu- Resolution 418. Resolution providing for con- form, for a period to be subsequently deter- late commerce with foreign nations). sideration of the Senate amendment to the mined by the Speaker, in each case for con- By Mr. CANTOR: bill (H.R. 2832) to extend the Generalized sideration of such provisions as fall within H.R. 3079. System of Preferences, and for other pur- the jurisdiction of the committee concerned. Congress has the power to enact this legis- poses (Rept. 112–230). Referred to the House By Mr. MCDERMOTT (for himself and lation pursuant to the following: Calendar. Ms. ROS-LEHTINEN): Mr. NUGENT: Committee on Rules. House H.R. 3083. A bill to amend section 402 of the Article I, Section 8, Clause 1 (the power to Resolution 419. Resolution providing for con- Personal Responsibility and Work Oppor- lay and collect duties and imposts) and Arti- sideration of the bill (H.R. 2681) to provide tunity Reconciliation Act of 1996 to extend cle I, Section 8, Clause 3 (the power to regu- additional time for the Administrator of the the eligibility period for supplemental secu- late commerce with foreign nations). Environmental Protection Agency to issue rity income benefits for refugees, asylees, By Mr. CANTOR: achievable standards for cement manufac- and certain other humanitarian immigrants, H.R. 3080. turing facilities, and for other purposes, and and for other purposes; to the Committee on Congress has the power to enact this legis- providing for consideration of the bill (H.R. Ways and Means, and in addition to the Com- lation pursuant to the following: 2250) to provide additional time for the Ad- mittees on the Judiciary, and the Budget, for Article I, Section 8, Clause 1 (the power to ministrator of the Environmental Protection a period to be subsequently determined by lay and collect duties and imposts) and Arti- Agency to issue achievable standards for in- the Speaker, in each case for consideration cle I, Section 8, Clause 3 (the power to regu- dustrial, commercial, and institutional boil- of such provisions as fall within the jurisdic- late commerce with foreign nations). ers, process heaters, and incinerators, and tion of the committee concerned. By Mr. JOHNSON of Illinois: for other purposes. (Rept. 112–231). Referred By Mr. QUIGLEY (for himself and Mr. H.R. 3081. Congress has the power to enact this legis- to the House Calendar. DOLD): lation pursuant to the following: f H.R. 3084. A bill to authorize the Director of the Federal Housing Finance Agency to Article 1, Section 9, Clause 6 PUBLIC BILLS AND RESOLUTIONS temporarily increase the conforming loan No preference shall be given by any Regu- limits for Fannie Mae and Freddie Mac that lation of Commerce or Revenue to the Ports Under clause 2 of rule XII, public of one State over those of another bills and resolutions of the following are applicable to high-cost sub-areas within counties; to the Committee on Financial By Mr. JOHNSON of Illinois: titles were introduced and severally re- Services. H.R. 3082. ferred, as follows: By Mr. ROGERS of Kentucky: Congress has the power to enact this legis- By Mr. KLINE (for himself and Mr. PE- H. Con. Res. 83. Concurrent resolution di- lation pursuant to the following: TERSON): recting the Clerk of the House of Representa- Article 4, Section 8, Clause 1 of the U.S. H.R. 3074. A bill to amend the Migratory tives to make a further correction in the en- Constitution Bird Treaty Act to delegate to States the au- rollment of H.R. 2608; considered and agreed By Mr. MCDERMOTT: thorities of the Secretary of the Interior to. H.R. 3083. Congress has the power to enact this legis- under that Act with respect to cormorants, f and for other purposes; to the Committee on lation pursuant to the following: Natural Resources. CONSTITUTIONAL AUTHORITY Article I Section 7 (All Bills for raising By Mr. BROUN of Georgia: STATEMENT Revenue shall originate in the House of Rep- H.R. 3075. A bill to restrict the diplomatic resentatives) Pursuant to clause 7 of rule XII of By Mr. QUIGLEY: travel of officials and representatives of the Rules of the House of Representa- state sponsors of terrorism, and for other H.R. 3084. purposes; to the Committee on Foreign Af- tives, the following statements are sub- Congress has the power to enact this legis- fairs. mitted regarding the specific powers lation pursuant to the following: By Mr. MCDERMOTT (for himself, Mr. granted to Congress in the Constitu- Article I, Section 8 of the U.S. Constitu- PAULSEN, Mr. ELLISON, and Mr. tion to enact the accompanying bill or tion TIBERI): joint resolution. f H.R. 3076. A bill to amend the Internal Rev- By Mr. KLINE: enue Code to qualify formerly homeless H.R. 3074. ADDITIONAL SPONSORS youth who are students for purposes of the Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors low income housing tax credit; to the Com- lation pursuant to the following: were added to public bills and resolu- mittee on Ways and Means. Congress has the power to enact this legis- By Mr. MILLER of North Carolina: lation pursuant to Article I, Section 8, tions as follows: H.R. 3077. A bill to amend the Federal De- Clause 3 (‘‘Commerce Clause’’); Article I, H.R. 10: Mr. HARPER. posit Insurance Act to ensure that customers Section 8, Clause 18 (‘‘Necessary and Proper H.R. 100: Mr. HENSARLING, Mr. WESTMORE- have the right to immediately close any ac- Clause’’); and Article II, Section 2, Clause 2 LAND, Mr. LAMBORN, and Mr. DUNCAN of Ten- count at any insured depository institutions (‘‘Treaties’’) of the United States Constitu- nessee. on demand, without cost to the consumer, tion. H.R. 104: Mr. DAVID SCOTT of Georgia. that consumers receive any balance in their By Mr. BROUN of Georgia: H.R. 198: Mr. LIPINSKI and Ms. KAPTUR. account immediately, and for other pur- H.R. 3075. H.R. 374: Mr. WALSH of Illinois.

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H.R. 412: Mr. GIBSON. H.R. 1733: Mrs. NAPOLITANO and Mr. MORAN. H.R. 2518: Mr. VISCLOSKY. H.R. 420: Mr. CAMP. H.R. 1738: Mr. RUNYAN and Mr. MCCOTTER. H.R. 2541: Mr. ROGERS of Alabama, Mr. H.R. 422: Ms. FUDGE. H.R. 1739: Mr. BASS of New Hampshire. WESTMORELAND, Mr. LABRADOR, and Mr. H.R. 466: Mr. FRELINGHUYSEN. H.R. 1744: Mr. BONNER and Mr. AKIN. DUFFY. H.R. 530: Ms. LEE of California. H.R. 1747: Ms. JENKINS and Mr. COSTA. H.R. 2567: Mr. CONYERS. H.R. 639: Mr. AKIN, Mr. BROOKS, Mr. COO- H.R. 1756: Mr. LATHAM. H.R. 2580: Ms. HOCHUL. H.R. 1842: Mr. SMITH of Washington. PER, Mr. GIBSON, Mr. HIMES, Mr. HOYER, Mr. H.R. 2617: Mr. FALEOMAVAEGA. H.R. 1845: Mr. SMITH of Washington. JOHNSON of Illinois, Mr. KELLY, Ms. LEE of H.R. 2679: Ms. NORTON. UJA´ N ELOSI RICE H.R. 1848: Mr. TERRY. California, Mr. L , Ms. P , Mr. P H.R. 2728: Mr. BLUMENAUER. of North Carolina, Mr. REYES, Ms. LORETTA H.R. 1965: Mr. CLAY. H.R. 2814: Mr. STARK. SANCHEZ of California, Mr. SCHIFF, Ms. H.R. 1968: Mr. OWENS and Mr. CONNOLLY of H.R. 2815: Mr. FORTENBERRY. SCHWARTZ, Ms. SEWELL, and Ms. WATERS. Virginia. H.R. 2840: Mr. COOPER. H.R. 674: Mr. MATHESON, Mr. LABRADOR, H.R. 1970: Ms. KAPTUR. H.R. 1995: Mr. PRICE of North Carolina. H.R. 2842: Mr. MCCLINTOCK. Mr. CONAWAY, Mr. JOHNSON of Illinois, Mr. H.R. 2016: Mr. FRANK of Massachusetts. H.R. 2874: Mr. LANDRY. CRENSHAW, and Mr. BILIRAKIS. H.R. 2026: Mr. COHEN. H.R. 675: Mr. LIPINSKI. H.R. 2888: Mr. SCHRADER. H.R. 2033: Mr. TOWNS and Mr. GENE GREEN H.R. 679: Ms. KAPTUR and Ms. RICHARDSON. H.R. 2900: Mr. MCCOTTER and Mr. GENE of Texas. H.R. 708: Mr. BARROW. GREEN of Texas. H.R. 2059: Mr. CRAVAACK, Mr. BACHUS, Mr. H.R. 711: Ms. NORTON and Mr. BLUMENAUER. H.R. 2911: Mrs. MYRICK. MCCOTTER, Mr. AKIN, Mr. CRAWFORD, Mr. H.R. 721: Mr. MCGOVERN. H.R. 2918: Mr. MCCOTTER, Ms. BERKLEY, Mr. SHUSTER, Mr. KELLY, Mr. FRANKS of Arizona, H.R. 724: Ms. HOCHUL. WESTMORELAND, and Mr. ROSS of Florida. Mr. COFFMAN of Colorado, Mr. ROSS of Flor- H.R. 733: Mr. BILBRAY. H.R. 2926: Mr. DUNCAN of South Carolina. ida, Mr. FORTENBERRY, and Mr. NUNNELEE. H.R. 735: Mr. WOODALL and Mr. DENHAM. H.R. 2951: Mr. LANDRY. H.R. 2088: Mr. SMITH of Washington, Mr. H.R. 816: Mr. ROE of Tennessee. H.R. 2954: Mr. STARK. CICILLINE, Mr. QUIGLEY and Mr. SHERMAN. H.R. 854: Ms. KAPTUR and Mrs. MCCARTHY H.R. 2956: Mr. BACA and Mr. GRIJALVA. of New York. H.R. 2090: Mr. MANZULLO. H.R. 2094: Ms. HERRERA BEUTLER. H.R. 2966: Ms. RICHARDSON. H.R. 886: Mr. ROE of Tennessee and Mr. H.R. 2131: Mr. SHUSTER. H.R. 2982: Mr. INSLEE, Ms. SLAUGHTER, Mr. NUNNELEE. H.R. 2137: Mr. BUCSHON. CROWLEY, and Mr. MURPHY of Connecticut. H.R. 920: Ms. FOXX and Mr. PALAZZO. H.R. 2139: Mr. FRANK of Massachusetts, Mr. H.R. 2985: Ms. BORDALLO, Mrs. EMERSON, H.R. 926: Ms. RICHARDSON. GUINTA, Mr. COSTELLO, Mr. CONNOLLY of Vir- Mr. JOHNSON of Georgia, Mr. HINCHEY, Mr. H.R. 959: Mr. OWENS and Mr. KEATING. ginia, Mr. RICHMOND, and Mr. BENISHEK. GINGREY of Georgia, Mr. JONES, Mr. SMITH of H.R. 1005: Mr. GERLACH. H.R. 2182: Mr. MURPHY of Connecticut. Washington, and Mr. KING of New York. H.R. 1041: Mrs. SCHMIDT, Mr. OLVER, and H.R. 2198: Mr. BRALEY of Iowa. H.R. 3000: Mr. ROE of Tennessee. Ms. WASSERMAN SCHULTZ. H.R. 2237: Mr. HASTINGS of Florida. H.R. 3014: Ms. RICHARDSON. H.R. 1042: Mr. MCKEON. H.R. 2245: Mr. NADLER, Mr. LIPINSKI, Mr. H.R. 3039: Mr. ROSKAM, Mr. FARR, Mr. H.R. 1116: Mr. DOGGETT and Mr. RUSH. HINCHEY, Mr. ROTHMAN of New Jersey, and BONNER, and Mr. GRIMM. H.R. 1206: Mr. TIPTON. Mr. LOEBSACK. H.R. 3059: Ms. CASTOR of Florida, Mr. H.R. 1259: Mr. WOLF. H.R. 2247: Mr. CARNAHAN. CONNOLLY of Virginia, and Mrs. BLACKBURN. H.R. 1262: Mr. AL GREEN of Texas. H.R. 2268: Mr. MORAN. H.R. 3060: Ms. FUDGE and Mrs. H.R. 1267: Mr. CUMMINGS. H.R. 2315: Ms. SCHAKOWSKY. CHRISTENSEN. H.R. 1340: Mr. MCCLINTOCK and Mr. H.R. 2342: Mr. LOBIONDO and Mr. CONNOLLY H.R. 3065: Mr. DANIEL E. LUNGREN of Cali- KINZINGER of Illinois. of Virginia. fornia, Mr. SIMPSON, and Mr. COFFMAN of H.R. 1351: Mr. FALEOMAVAEGA and Ms. H.R. 2357: Ms. RICHARDSON. Colorado. PELOSI. H.R. 2364: Mr. LEWIS of Georgia. H.J. Res. 45: Mr. HURT. H.R. 1385: Mr. STARK. H.R. 2381: Mr. MICHAUD. H.J. Res. 69: Mr. HOYER. H.R. 1386: Mr. LOEBSACK and Mr. LONG. H.R. 2446: Ms. MOORE and Mr. LATHAM. H.J. Res. 73: Mr. NUNNELEE. H.R. 1397: Mr. HOLDEN. H.R. 2447: Mr. CAPUANO, Mr. CONYERS, Mr. H.J. Res. 78: Mr. FILNER, Ms. ROYBAL-AL- H.R. 1418: Mr. CLAY and Mr. ROTHMAN of COSTA, and Mr. HUNTER. LARD, Ms. JACKSON LEE of Texas, and Mr. New Jersey. H.R. 2466: Mr. POE of Texas. MORAN. H.R. 1467: Mr. KINZINGER of Illinois. H.R. 2471: Mr. QUAYLE and Ms. ESHOO. H. Con. Res. 72: Ms. EDWARDS. H.R. 1509: Mr. ROSKAM. H.R. 2479: Mr. CONYERS. H.R. 1528: Ms. BORDALLO. H.R. 2485: Mr. LATHAM. H. Res. 137: Mr. CONYERS. H.R. 1537: Mr. PETERS. H.R. 2492: Mr. PERLMUTTER and Ms. BERK- H. Res. 177: Mr. BERMAN. H.R. 1558: Mr. CHABOT, Mr. FINCHER, Mr. LEY. H. Res. 380: Mr. QUIGLEY. AKIN, and Mr. HARRIS. H.R. 2497: Mr. MANZULLO. H. Res. 385: Ms. ROYBAL-ALLARD. H.R. 1571: Mr. BENISHEK. H.R. 2502: Mr. GIBBS and Mr. HANNA. H. Res. 397: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 1639: Mr. RANGEL. H.R. 2505: Ms. KAPTUR, Mr. MICHAUD, and fornia, Mr. BLUMENAUER, Mr. BOSWELL, Mr. H.R. 1653: Mr. SESSIONS, Mr. KLINE, Mr. Mr. TOWNS. SIRES, Ms. NORTON, Ms. SCHAKOWSKY, Mrs. BACA, Mr. ALEXANDER, Mr. WESTMORELAND, H.R. 2514: Mr. NUNNELEE and Mr. CHRISTENSEN, Mr. CLAY, and Mr. STARK. Mr. COLE, Mr. POMPEO, and Mr. REICHERT. SCHWEIKERT. H. Res. 416: Mr. BURTON of Indiana.

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Vol. 157 WASHINGTON, MONDAY, OCTOBER 3, 2011 No. 146 Senate The Senate met at 2 p.m. and was appoint the Honorable RICHARD BLUMEN- and the administration. My col- called to order by the Honorable RICH- THAL, a Senator from the State of Con- leagues—both Democrats and Repub- ARD BLUMENTHAL, a Senator from the necticut, to perform the duties of the Chair. licans—agree that China’s deliberate State of Connecticut. DANIEL K. INOUYE, actions to devalue its currency give its President pro tempore. goods an unfair competitive advantage PRAYER Mr. BLUMENTHAL thereupon as- in the marketplace. Their goods do not sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- deserve that. That is not fair. It hurts pro tempore. fered the following prayer: our economy and it costs American Let us pray. f jobs. In the last decade alone, we have Holy Father, we come into Your pres- RECOGNITION OF THE MAJORITY lost more than 1 million American jobs ence today to look at ourselves as we LEADER to China because of this trade deficit are and to seek Your power to become fueled by currency manipulation. A what You would have us be. Search our The ACTING PRESIDENT pro tem- massive trade deficit is one of the rea- hearts and empower us to do Your will. pore. The majority leader is recog- sons for our unsustainable unemploy- Encourage our lawmakers to fulfill nized. ment rate. This legislation we are Your purposes for the glory of Your f going to move to will even the playing field and help American goods compete Name. Move mightily in their hearts SCHEDULE and align them with Your kingdom in a global market and help keep perspective. As blessings flow when Mr. REID. Mr. President, following American jobs here at home. Your will is done, let them not take any leader remarks, the Senate will be Democrats believe there is no prob- credit for what Your sovereign hand in a period of morning business until lem facing this Nation that deserves accomplishes on our behalf. 3:30 p.m. today. At 3:30, the Senate will our attention more than the jobs crisis. Today, and through the days of this begin consideration of the motion to This bill is part of the effort to get our week, call us to You that we may be proceed to S. 1619, which is the Cur- economy back on track and put Ameri- transformed from mere followers to rency Exchange Rate Oversight Reform cans back to work. If China stops the true servants of Your kingdom. We Act. practices that artificially tip the scales pray in Your everlasting Name. Amen. At 4:30, the Senate will be in execu- in its favor, it would create 1.6 million tive session to consider several judicial American jobs fairly quickly. I hope f nominations. this legislation will motivate China to PLEDGE OF ALLEGIANCE At 5:30, there will be two rollcall stop devaluing the yuan on its own. I votes. The first vote is on the con- also know it will send a strong message The Honorable RICHARD BLUMENTHAL firmation of Henry Floyd, of South led the Pledge of Allegiance, as follows: to the Chinese that Americans will no Carolina, to be U.S. Circuit Judge for longer ignore their blatant, unfair I pledge allegiance to the Flag of the the Fourth Circuit. The other vote will trade practices. United States of America and to the Repub- be on the motion to invoke cloture on lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. the motion to proceed to the currency exchange matter. A BUSY WORK SCHEDULE f f Mr. REID. Mr. President, we expect APPOINTMENT OF ACTING to quickly wrap up work on the China PRESIDENT PRO TEMPORE CURRENCY MANIPULATION currency legislation this week. We The PRESIDING OFFICER. The Mr. REID. Mr. President, today the have a lot to get done this month, so clerk will please read a communication Senate begins another very busy work the Senate must move fast. to the Senate from the President pro period. I am confident this work period One out of every nine Federal judge- will be productive. ships remains vacant, which puts at tempore (Mr. INOUYE). The bill clerk read the following let- Tonight, the Senate will vote to risk the right of every American to a ter: begin debate on legislation to curb Chi- fair and speedy hearing. While I have na’s unfair currency manipulation. I been frustrated at the slow pace in con- U.S. SENATE, expect strong bipartisan support to firming judicial nominees this Con- PRESIDENT PRO TEMPORE, Washington, DC, October 3, 2011. move this legislation forward. There gress, I am pleased we have been able To the Senate: have been conversations between the to reach an agreement to confirm 10 Under the provisions of rule I, paragraph 3, bipartisan supporters of this legisla- judges this week and next. These nomi- of the Standing Rules of the Senate, I hereby tion in the House of Representatives nations are noncontroversial, and they

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

S6013

.

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.000 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6014 CONGRESSIONAL RECORD — SENATE October 3, 2011 have the unanimous support of the Ju- MORNING BUSINESS have addressed the issues, including diciary Committee. Five of the six The ACTING PRESIDENT pro tem- not passing a budget, which is against judges we will confirm today come pore. Under the previous order, the our own law, for the second consecu- from States with Republican Senators, Senate will be in a period of morning tive year; including going through a and all five have the support of that business until 3:30 p.m., with Senators continuing resolution rather than au- Republican Senator. permitted to speak therein for up to 10 thorizing and appropriating the func- This month, the Senate will also minutes each. tions of government, as is the responsi- take up three appropriations bills. Last Mr. REID. I note the absence of a bility of the Congress of the United month, we passed a continuing resolu- quorum. States. tion to fund the government through The ACTING PRESIDENT pro tem- Here we are, as I said, unemployment November 18. Now we must finish our pore. The clerk will call the roll. is 9.1 percent, with an estimated 14 mil- work on the annual appropriations The bill clerk proceeded to call the lion Americans out of work; 228,098 bills. roll. homes are in foreclosure nationwide, a We will also take up three trade bills Mr. MCCAIN. Mr. President, I ask jump of 7 percent from July to August this work period. Last month, the Sen- unanimous consent that the order for of this year. In my home State of Ari- ate passed trade adjustment assistance the quorum call be rescinded. zona, 1 in every 248 homes is in fore- legislation which helps U.S. workers The ACTING PRESIDENT pro tem- closure, the third worst in the Nation. who lose their jobs because of inter- pore. Without objection, it is so or- In the majority leader’s home State— national trade learn new skills and re- dered. No. 1 in the Nation—1 in every 118 enter a changing workforce. A global f homes is in foreclosure. economy means global competition, LEGISLATIVE PRIORITIES Mr. President, 22.5 percent of the and a flexible, well-trained workforce homes in America are ‘‘underwater,’’ is what will allow us to keep pace with Mr. MCCAIN. Mr. President, I paid meaning their mortgage is more than our rivals. That is why Democrats in- attention to the remarks made by the their home is worth. In Arizona, that sisted on passing trade adjustment as- majority leader concerning the upcom- number is 49 percent. In Nevada, 60 per- sistance before we would take up those ing schedule for the next week or 2 or cent of the homes are underwater. three trade bills we will soon con- 3 and the fact that we are now consid- We have a $1.3 trillion deficit. We sider—Panama, Korea, and Colombia. ering the motion to proceed to a bill have a debt of nearly $14.8 trillion. It Republicans have said these trade pertaining to Chinese currency. I understand very well that it is the represents $43,357 for every man, agreements are important to them. Yet woman, and child in America. for months they have prevented them prerogative of the majority leader to from moving forward by stalling trade set the legislative agenda of the Sen- So we will take up before the Senate adjustment assistance. I hope the ate, and I respect that prerogative. But the China currency bill—the China cur- House will not delay any longer on I have to express some amazement that rency bill. Then someone in this body their taking up trade adjustment as- the issue of the Chinese currency is may wonder why the approval rating of sistance. I am told they will not. taking precedence over the myriad of Congress is—one I saw was 12 percent, one 13 percent. I think proceeding in The Senate will also take up Presi- other important issues we should be this fashion we may be able, with some dent Obama’s American Jobs Act this acting on. success, to drive that down into single month. Members of both parties should One of the articles in today’s CQ digits. rally behind the commonsense, bipar- Today says: tisan approach of this legislation. It Last year, it looked like the time was I hold townhall meetings, as most of will cut taxes for working families and right for Congress to confront China. my colleagues in Congress do as well, small businesses to spur job creation ‘‘[A] similar bill’’ was passed by the and people are very angry at Congress. and put Americans to work restoring House. We, understandably, look at the Presi- this Nation’s decaying roads, bridges, This year, the expected bulwark against dent’s approval ratings. I would urge dams, and schools. I am happy to work the measure is the GOP-controlled House, my colleagues to look at those ap- with my colleagues on both sides of the where top Republicans are echoing concerns proval ratings of Congress. As I have aisle to improve this bill, but I hope from the business community that enacting often said, and have probably worn out the obstructionism Republicans have the measure could spark a trade war. the line, we now have such high rates Republican leaders uniformly voted employed for the last 9 months will not of disapproval that we are down to against the China measure last year, buck- blood relatives and paid staffers. continue. ing the majority of their party, while Demo- This year, Democrats have intro- crats voted . . . for the bill. So here we are, with the fiscal year duced jobs bill after jobs bill. Mean- Schumer— having begun on the first of October, while, our Republican colleagues have Speaking of the Senator from New for the first time in 41 years, appar- put their own political agenda ahead of York— ently, we are not going to schedule or the Nation’s jobs agenda. They claim argues that a strong Senate vote this time pass a Defense authorization bill. The they are willing to work in a bipartisan around would make it ‘‘hard for the House to Defense authorization bill, in my fashion to get our economy back on block it.’’ view—and it is a biased view because of track, and this month they will get an- But an aide to House Majority Leader Eric my membership on that committee for other chance to prove this. So I urge Cantor of Virginia says there are no plans to so many years; but not totally biased— my Republican friends to remember vote on China currency legislation. authorizes pay and personnel. It budg- that actions speak much louder than So with over 9 percent unemploy- ets training and equipping the Afghan words. I hope they will take time out ment, with the debt and deficit con- security forces. It fully supports the from rooting for our very difficult tinuing to run out of control, with the budget request of $1.75 billion in coali- economy to fail for the sake of politics 12 or 13 appropriations bills not acted tion support. It fully supports the and help Democrats put this Nation on, with the Defense authorization bill, budget request to support the activi- back to work. perhaps for the first time in 41 years, ties of the Office of Security Coopera- Would the Chair announce morning not being taken up by the Senate, now, tion in Iraq. It increases the funding business. in its wisdom, under the leadership of for cybersecurity initiatives. It pro- the majority leader, we will be taking vides a provision that would require f up the China currency bill. DOD to acquire and incorporate capa- China currency is an important issue. bilities for discovering previously un- I think it is worthy of debate and dis- known cyber attacks on its networks. RESERVATION OF LEADER TIME cussion in happier times. But if one has It covers missile defense, strategic ca- The ACTING PRESIDENT pro tem- any curiosity about the low esteem pabilities, nuclear safety, and nuclear pore. Under the previous order, the with which Congress is being held, then proliferation. It supports crucial de- leadership time is reserved. no better example of that is the way we fense modernization programs.

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.013 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6015 My friends, there is no more compel- leader, and I came to the Senate to- am sure if he were on this floor today, ling requirement than that of the de- gether more years ago than we would that former distinguished chairman of fense of this Nation. The Armed Serv- like to remind some of our colleagues. the Armed Services Committee would ices Committee, of which I am a proud But 20-some years ago, when we came be making the same remarks I am member, and work in a bipartisan fash- to this body, we regularly took up au- today. ion with the distinguished chairman, thorization and appropriations bills. The responsibilities—not the privi- Senator LEVIN from Michigan—puts in We took them up one by one, we had leges but the responsibilities—of those long hours, and we scrutinize and we debate, and we had amendments. of us on the authorizing committees, study and we have hearings and we try By the way, the practice of filling up including the Armed Services Com- to do the people’s work in the vital and the tree, which both sides of the aisle mittee this year, have been abrogated important mission of defending this in this body are guilty of, was not and overcome by a process which is Nation. heard of in those days. clearly gridlocked. So now the fiscal year has expired. I know the majority leader’s time is I recognize the presence of the major- We are operating on a ‘‘continuing res- valuable. I would just remind my ity leader on the floor. I yield to the olution,’’ and what is the issue before friends that the legislative calendar, majority leader and then will return to the body, the august body, the world’s which is here, is waiting consideration. my remarks following his. greatest deliberating body, according Here are just a few of the authorizing The ACTING PRESIDENT pro tem- to some? The China currency bill—the bills waiting consideration. The Senate pore. The majority leader. China currency bill—which we expect Armed Services Committee has ap- Mr. REID. Mr. President, the speech to take up for the entire week, which proved the National Defense Authoriza- given by my friend, the senior Senator according to any reliable report will tion Act for fiscal year 2012. The Com- from Arizona, is a speech I could give, never see the light of day in the other mittee on Homeland Security and Gov- because he is absolutely right. We have body. ernmental Affairs has approved the De- so much we have to do. But we have Now, there have been controversies partment of Homeland Security Au- had a problem because of the Repub- surrounding the Defense authorization thorization Act. The Senate Finance licans in the Senate. We have spent ba- bill not only this year but in previous Committee has approved the Airport sically 100 percent of our time these years. I strenuously objected last year and Airway Trust Fund Reauthoriza- last 9 months on 2 issues that should to the repeal of the don’t ask, don’t tell tion Act. The Senate Environment and have taken a matter of a few hours but being included in the Defense author- Public Works Committee has approved have taken months and months, the ization bill until we had a chance to as- the Surface Transportation Extension continuing resolutions. sess the effect on morale, readiness, re- Act. We voted on the continuing resolu- cruitment, and battle effectiveness, Today is October 3—the third day of tion—for 1 week, 2 weeks, on and on for which was the view of the majority of fiscal year 2012—and guess how many months, trying to fund government—2 the chiefs of the services. of the 12 annual appropriations bills or 3 days ago, the 1st of October. It The year before, we took up a hate have passed this body? The answer is took months to get that done. Then as crimes bill and put it on the Defense one. It is not as if the bills are not soon as we finished that, that little ex- authorization bill. My objection was ready for floor consideration. They ercise is only preparation for the long- that it had nothing to do with our Na- have been cleared and placed on the standing time that we had to spend on tion’s defense. But there are many legislative calendar. So why not bring raising the debt ceiling, something we issues that need to be addressed, many them to the floor for debate and had done with ease scores of other issues concerning detainee treatment, amendments—the Agriculture appro- times. During the 8 years of President concerning other issues, which are con- priations bill, the Commerce, State, Reagan, for example, we raised the troversial. and Justice appropriations bill. All of debt ceiling for him 18 times. But we But the job of the Senate is to debate these, by the way, should have been spent months—months—on this con- and to amend and to pass legislation. preceded by authorizing legislation. tinuing resolution and on this debt What is more important—what is more What has happened around here, un- ceiling, and it prevented us from doing important—than the security of this fortunately, for the majority of the our work. So the words my friend from Nation and the care for the men and Members of the Senate is that by vir- Arizona has given about all of the work women who are serving in the mili- tue of the fact that we do not take up that needs to be done do not include all tary? authorization bills for the functions of of the work we have to do. I note the presence of the majority various branches of government, it ren- I do not think there could be a more leader on the Senate floor. I have urged ders the appropriations process tran- important piece of legislation right him privately on several occasions to scendent in the deliberations and con- now, with the jobs being the way they bring up the Defense authorization bill. clusions this body has made, thereby are, than China currency. Everyone He responded to me—and I am sure he making members of the Appropriations knows how they have manipulated may respond—that there are issues Committee have an unwarranted, in their currency, which has been very concerning detainees, about trials in my view, but certainly far more difficult for our country. We have lost the United States, about Guantanamo impactful role in the Senate than the in the last 10 years, because of that, 2 Bay. My response to the majority lead- members of the authorizing commit- million jobs; jobs that should be our er has been, those are issues the Senate tees. jobs if the currency were fair. But it is should debate; those are issues the Sen- I intend to continue to work in this not. It is manipulated. ate should make its judgment on; and I body and with some of the newer Mem- This is a jobs bill we are on today. It assured him—and I assure him again— bers to change that process, to require is a bipartisan piece of legislation that that I will consider the objections and appropriations bills to reflect the au- has been supported by large numbers of reservations that the President and the thorizing committees’ legislation, that Democrats and Republicans. We have executive branch have to some provi- the Appropriations Committee not be put this off for a long time. Now is the sions in the bill, particularly con- permitted to authorize, which is not time to do this. We must send a mes- cerning detainee treatment. I give their role, which over the years has be- sage to the Chinese that we are serious. great deference to the view of the exec- come more and more prevalent and We have for 50 years every year utive branch and the President of the routine. passed a Defense authorization bill. We United States. But that does not mean My office resides in the Russell Sen- need to do it this year. It is extremely we should not take up the bill. It does ate Office Building, which is named important for a number of reasons. One not mean we should not take up the after a distinguished chairman of the is these programs are important. We Defense authorization bill and the ap- Armed Services Committee—a com- need to take care of our soldiers, sail- propriations bills following. mittee of which I am the ranking mem- ors, marines, airmen. It sets funding First, we authorize. Then we are sup- ber. He was a distinguished chairman levels for weapons and ammunition posed to appropriate. The Senator from of the Armed Services Committee, a programs and authorizes activities of Nevada, the distinguished majority distinguished Member of this body. I the Armed Forces around the world. It

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.014 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6016 CONGRESSIONAL RECORD — SENATE October 3, 2011 contains authorizations—new author- the world, and it would be such a det- ed to assess the impact of repeal on re- izations—for programs that are ex- riment to what we need to do to get tention readiness and battle effective- tremely important to this country, in- these bad guys, to keep this provision ness. But that should not, in my view, cluding counternarcotics efforts that in the bill. So I would hope my friend be the reason for us not to take up the are critical to our efforts around the would treat this provision as I treated legislation this year. world. don’t ask, don’t tell. He complained I am sure the majority leader is This Defense authorization bill is about that. I did not think he was aware, this would be the first time in also a bill that has some of the best right, but I thought it was so impor- 41 years we are in two wars. We have to oversight of any of the work that we tant that we move to this Defense au- address the issues that only the au- do. The Armed Services Committee thorization bill that it was taken out. thorizing committee is capable and does good work in looking at the over- We need to do that with this. It chartered to do. So I hope the majority sight of the military. This is a civilian would be better for our country, it leader would observe that we could oversight responsibility we have and would be better for the Senate, and it take up this legislation, debate it, we need to complete that. would be better for the bipartisanship amend it. The President always has I agree with my friend from Arizona, work we have to do around here. I do veto authority if he wishes to veto it. it is vital that we get to this bill and not in any way criticize my friend for We also have the other body on the pass it. But I also say that in its bringing this up. I have talked to him other side of the Capitol that would present form, I am going to have some privately. I have talked to Senator play a role in this. We would go difficulty bringing this bill to the LEVIN, the chairman of that com- through the normal process of passing floor. It contains provisions relating to mittee, on a number of occasions. I the Defense authorization bill, which the detention of terrorism suspects, have expressed in the recent weeks has been a tradition for some 41 years which in the words of National Secu- that we have a problem with this provi- here in the Senate. rity Advisor John Brennan: sion. And, in fact, I did not know the I do appreciate the majority leader would be disastrous. It would tie the hands of Senator from Arizona was going to be taking the time from his busy schedule counterterrorism professionals by elimi- here today. I have a letter in my office to come to the floor and express his nating tools and authorities that have been reasoning behind the schedule that he absolutely essential to their success. I have been looking over. I was going to have it hand-delivered to Senator has set for the Senate, which is well To show you how extremely impor- within his authority. MCCAIN and Senator LEVIN today, and I tant it is that we do something about I suggest the absence of a quorum. these provisions in this bill that are will continue doing that. The whole The ACTING PRESIDENT pro tem- just wrong, both the Judiciary Com- subject of my letter was to explain to pore. The clerk will call the roll. mittee in the Senate and the Intel- them the problem with this. The bill clerk proceeded to call the The ACTING PRESIDENT pro tem- ligence Committee in the Senate have roll. pore. The Senator from Arizona. asked for hearings on this provision in Mr. MCCAIN. Mr. President, I ask Mr. MCCAIN. I thank the majority this bill. unanimous consent that the order for leader for his comments. First of all, Going back to my original subject on the quorum call be rescinded. China trade, the House of Representa- on the issue of China currency, I be- The ACTING PRESIDENT pro tem- tives is going to pass China trade. Ev- lieve it is correct that the administra- pore. Without objection, it is so or- erybody knows that now. A couple of tion itself objects to this legislation, dered. months ago that may not have been much less the other body taking it up. Mr. MCCAIN. Mr. President, as I was the case, but they will pass that as I say with great respect to the major- saying, we have only 1 of the 12 author- soon as we do. ity leader and his knowledge of the ization bills that has been considered I would hope my friend from Arizona, economy and the jobs that have been by the Senate to date, which was the who we all have such admiration and lost to China, China currency may be Military Construction, Veterans Af- respect for—we know how much he part of the problem, but it is certainly fairs appropriations bill. The Senate cares about our country and particu- not the reason for the 2 million jobs passed that bill on July 20. Congress larly about the Armed Forces of our lost. Certainly the majority of the rea- did not enact a single one of the annual country. I wish he would consider son for that is for other reasons which appropriations bills through regular doing what we did last year. We had have been well ventilated. order last year or a budget last year or another problem with the Defense au- I say to the majority leader, I would this year. What kind of message do we thorization bill, not from our perspec- be glad and will continue to sit down send the American people when they tive, as it is today, but it was from his with the administration and with the are suffering under unprecedented and perspective, because he felt very majority leader and with Senator unacceptable economically difficult strongly that don’t ask, don’t tell LEVIN on this issue of detainee treat- times? We are sending the message should not be in the Defense authoriza- ment. The fact is that the President of that either we are unable or unwilling tion bill. I disagreed with him vehe- the United States began his tenure as to address the issues that are affecting mently. But we agreed to take that out President of the United States with the their very lives. of the bill and have a separate vote on commitment to close Guantanamo When I go home and find people with- don’t ask, don’t tell. It worked out Bay. I want to close Guantanamo Bay. out jobs and with half of the homes un- fine. I moved that during the lameduck I have made that very clear. But Guan- derwater, when I find people out of session. People criticized me for bring- tanamo Bay cannot, for all practical work, when I pass by the shuttered and ing it up. But it is something I felt I purposes, be closed at this time. That closed strip malls throughout my State had to do because that was an agree- brings in other issues such as treat- of Arizona, and then hold a townhall ment I had with people who cared a ment of people who are apprehended meeting, obviously my constituents great deal about that. I received lots of and attempting to inflict damage and are angry and frustrated. I do not know criticism because I took it out of the mayhem on the people of the United of a single townhall meeting that I Defense bill or had it taken out of the States. have had, not a single one, where some- Defense authorization bill. I think it is something we can work one stood up and said: Pass the China I would say to my friend, the Senator out. I would hope we would be able to currency bill and then our lives will be from Arizona—and he is my friend— debate and amend, which is the usual improved. that we take this provision out of this way we address issues in this body, I am sure that with some the China bill and bring it up, have an up-or-down rather than refusing to bring legisla- currency bill is one of some importance vote on however you want to handle tion to the floor because there is a par- and priority. that. Let the Judiciary Committee and ticular objection to it. Certainly, I don’t think it is in the Intelligence Committee do their work Last year, as the majority leader top 10 priorities of the people I rep- on this provision. It is not a good pro- pointed out, I was opposed to the re- resent in the State of Arizona, but our vision. peal of don’t ask, don’t tell on the Nation’s security is important to my Since it was put in that bill, we have grounds that the same view I had was constituents. We have a sizable mili- had some significant changes around that of the service chiefs, that we need- tary presence in Arizona. The national

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.016 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6017 defense authorization bill that has has, and we need to say no to unfair China’s currency manipulation has passed through the Armed Services trade practices. We are going to insist been a major factor in the erosion of Committee is very important to the that the trade rules apply both ways, our Nation’s manufacturing base and people of this country and our security that we don’t unilaterally accept vir- left millions of U.S. workers without in these very uncertain times. tually anything while some of our trad- jobs. It is a factor in job loss in Amer- I hope the majority leader will agree ing partners—particularly China—can ica. In Alabama, the EPI estimates— to change his priorities and bring the systematically violate them. I think and I don’t know whether this is an ac- bill to the floor. I will continue to fairness is the right thing, and we must curate number. I am sure we have lost work to resolve concerns he or the ad- refuse to acquiesce and accept this ex- jobs as a result of this currency manip- ministration has expressed concerning isting trade practice. ulation, but this is the estimate the the legislation itself. But because the Look, nations whose economies have EPI had: It has put more than 44,000 executive branch has concerns about historically struggled are those that people out of work in Alabama since legislation and objections to legisla- have failed to uphold the rule of law. In 2001—44,000. We just celebrated a num- tion, that should not prevent it from my view, that is a fundamental part of ber of economic developments in my coming to the floor of the Senate. That America’s greatness—our commitment State. We have been having some suc- should not be a reason why the Senate to law—and it has made us economi- cess over the years. We have 3 auto- should not exercise its responsibilities cally powerful, as well as free. mobile plants, with investment from to debate, to amend, and to authorize Many nations that have been unable abroad, and each one has added about all these much needed priorities for the to ensure contracts are honored and 4,000 jobs. According to this study, we men and women who are serving our protect the integrity of financial have lost 44,000 jobs to China as a re- country with courage and efficiency. It agreements can’t be successful in a sult of this currency. Again, there are is our job to provide them with what- commercially competitive world. When disputes about how much and how large the impact is. I don’t think there ever they need to do their job in the companies form a business partnership, is any doubt it is substantial. We have most efficient fashion. they sign a contract to ensure that been feeling it for years. I suggest the absence of a quorum. each party meets its obligations. The Another recent study reached a simi- The ACTING PRESIDENT pro tem- principle is the same with free trade. A lar conclusion. It was written up in the pore. The clerk will call the roll. trading partnership with China or Wall Street Journal. It found that re- The bill clerk proceeded to call the other countries must be founded on gions exposed to trade within the roll. principles upon which both parties can United States from China lose more Mr. SESSIONS. Mr. President, I ask agree, principles and agreements which manufacturing jobs and see an overall unanimous consent that the order for are to the mutual benefit of both par- decline in unemployment than other the quorum call be rescinded. ties. It is the job of our leaders to nego- areas. They also found that exposure to The ACTING PRESIDENT pro tem- tiate these agreements on behalf of the Chinese imports led to larger in- pore. Without objection, it is so or- American workers, not to stand creases—and this is common sense—in dered. against them. unemployment; it cost jobs in certain This is even more crucial with a na- f areas in the United States; it led to tion such as China, which relentlessly, larger increases in unemployment in- CURRENCY EXCHANGE RATE through its political apparatus, seeks surance, government payments, food OVERSIGHT REFORM ACT to advance its own national interests. stamps, disability payments, and other Mr. SESSIONS. Mr. President, I wish China’s currency manipulation clearly to speak on the Currency Exchange government benefits. puts American workers and U.S.-based Based on data in the study, the $300 Rate Oversight Reform Act, S. 1619, on businesses at a huge disadvantage, par- billion increase in Chinese imports which I believe we will be voting. I sup- ticularly in this time of economic since 1992 has cost the Federal Govern- port it, as I expect my colleague from hardship. This unfairness has to be ment more than $20 billion in such ex- Arizona does with his principal com- confronted. We have talked about it penditures. They calculated $20 billion mitment to trade and vibrant competi- but have not confronted it. simply based on the increases in food tive commerce in the world. Almost all economists agree that stamps, unemployment insurance, and I acknowledge that our commitment China intentionally undervalues its the like. The irony behind this is that to commerce and trade is fundamental currency—RMB—by as much as 30 per- we borrow much of the money we use to our Nation. America has always cent. to pay these Federal benefits from the been a country with open ports and The Employment Policy Institute ar- Chinese, which they then use to con- open markets. When trade is conducted gues this: tinue manipulating their currency. So properly, I am convinced it creates a This intervention makes the RMB artifi- we are being outmaneuvered and rising tide of prosperity in America cially cheap relative to the dollar, effec- tively subsidizing Chinese exports. outnegotiated in the process. and around the world. I am not against Last year, Dan DiMicco, chairman, trade. More than that, I think the vol- Where? Mostly to the United States. president, and CEO of Nucor Corpora- untary exchange of goods does promote So I believe the devaluation of the cur- tion, which has five steel mills in Ala- the free exchange of ideas. Trade rency clearly subsidizes exports of Chi- bama, my State—smaller steel mills— helped us to export our values of a free nese goods to the United States. testified about modern steel mills. Mr. democratic society, but, like democ- They go on to say this: DiMicco is a national leader in Amer- racy itself, trade must operate under a Currency intervention also artificially ican competitiveness and ideas. He tes- raises the cost of U.S. exports to China. . . . set of rules and values. tified before the House Ways and Jobs have been lost as a result of un- So our goods that go there are higher Means Committee, and this is what he fair trade practices. Perhaps the most in China than they would be, making said: dramatic unfair trade practice existing the Chinese less able to buy them than Passing this legislation will help because in the world today is China’s very sub- otherwise would be the case. The goods this is a jobs bill, pure and simple. It will do stantial manipulation of its currency— they ship to the United States come in more to stimulate the economy and create a 30-percent, 40-percent, 25-percent al- cheaper than they otherwise would be, jobs than just about anything else Congress teration in the value of its currency— making them more attractive to Amer- can do. And it will not add to our national and it has created an extraordinary ican consumers. This is a big factor in debt—just the opposite. Ending China’s cur- deficit that has cost jobs in this coun- the surging and huge trade deficit be- rency manipulation will reinvigorate our manufacturing sector and our economy, re- try. Whether it is 2 million or fewer, it tween our countries. I think it is indis- ducing our budget deficit. By failing to take has cost jobs of decent, hard-working putable that is so. In other words, the the lead and combat China’s mercantilist Americans. It has occurred because of Chinese give their products a 30-per- trade practices, we are serving up our jobs, manipulation of the currency. It is a cent discount in the United States and future economic well-being, and national se- very real matter. make our exports cost 30 percent more curity on a platter. We need to fight for and aggressively in China. I think few economists would That is a serious charge. This is a defend every single job this country argue with that. man who is dealing in the real world of

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.018 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6018 CONGRESSIONAL RECORD — SENATE October 3, 2011 steel production around the United thing happened over the weekend leave it; if they don’t like it, don’t use States, with plants all over the United which has changed that world dramati- plastic. It is secret. Nobody knows it States. I think he knows a lot about cally, and it is important for con- except the retailer, the bank, and the what goes on in the world and how this sumers, retailers, and voters across credit card company. It is a hidden fee, system works. America to understand what happened. and it is a killer for a lot of small busi- I believe the bill on which I have On October 1—on Saturday—the rules nesses. joined my colleagues is a thoughtful, on how much a credit card company I was in Rock Island, IL, and Carl, commonsense approach. It doesn’t and a bank that issues a debit card can who is the manager of the Rock Island place an immediate tariff on all Chi- collect every time we use the debit Country Market, said: We have a spe- nese goods that enter the United card changed. They call it the swipe cial deal here, Senator. People can States. It does, however, explicitly di- fee. It makes sense: We hand them the come in from the neighborhood in Rock rect the Commerce Department and credit card or we do it ourselves, swipe Island, IL, in the morning, and I give International Trade Commission to it through the machine, and we pay for them a cup of coffee and a doughnut for take currency manipulation into ac- a transaction. Back in the old days, 99 cents. It is a pretty good deal in this count when estimating countervailing which I can recall, some people would day and age. It sure is, isn’t it, com- and dumping duties. Under current write out a check. This is the new form pared to what we pay. He said: I want law, the Commerce Department can of a check. It is a debit card. When we to get them in the store. But, he said, take currency manipulation into ac- swipe it through the machine and the you know what. They turn around and count when calculating countervailing machine accepts it, the money comes use plastic at the cash register. I duties, but it does not take currency right out of our checking account to wasn’t even breaking even at 99 cents, manipulation into account. It could, the retailer where we did the business. and now I am paying 44 cents to some but it does not. The Obama administra- It is very convenient. People are using bank and credit card company because tion has not instructed them to do so, it more and more. In fact, over half the people have used plastic. and neither did his predecessor. More- transactions at most retailers now are That world changed October 1—last over, neither agency currently has the done with either credit or debit cards. Saturday. The new law went into effect authority to include currency manipu- What the consumer doesn’t know is where the Federal Reserve established lation in its calculation of anti- there is a charge each time that card is the ceiling—the maximum—that can be dumping duties. swiped. It is called the swipe fee or the charged for a debit card swipe fee that The practical effect of this legisla- interchange fee. What is it? It is estab- is issued by the largest banks in Amer- tion would be to charge a duty on some lished by the two, basically, duopoly ica. The maximum now comes down to imported products only after the Inter- credit card companies—Visa and about 24 cents. Is this a big deal? It national Trade Commission and Com- MasterCard. They run the whole show. certainly is, because each year in the merce Department conduct an inves- They have been under antitrust inves- economy, swipe fees accounted for tigation that determines dumping is tigation in the past, and I am sure they about $10 billion or $12 billion—$10 bil- taking place or a subsidy is being pro- will be in the future. They set the lion or $12 billion—in additional vided and that a U.S. company has rules, and here are what the rules are. charges to consumers and loss of prof- been injured. So a duty would only be If someone runs a restaurant or, let’s itability by businesses. One can imag- applied if it can be proved that the ex- say, a grocery store in Near North Side ine, $10 billion or $12 billion, even after porting country violated WTO rules. In Chicago, such as Art Potash’s, who is a it has been discounted by the Federal other words, this measure upholds the close friend of mine—a family-owned Reserve to about half that amount—$5 rule of law. grocery store—they say: I have to take billion or $6 billion—has the banks in This has nothing to do with protec- plastic to do business, then Visa and an uproar. tionism; rather, it is about protecting MasterCard say they have to pay each I guess it is a great honor that the the principles that make free trade time a customer swipes that card. How Wall Street Journal on Friday had one work. You can’t have a free-trade rela- much do they pay? It is a secret. Basi- of their people they invited in to com- tionship if your trading partners aren’t cally, consumers don’t know, but indi- ment who said this new bank fee that complying with the fundamental ex- vidual retailers do, and the individual is being charged by Bank of America pectations of fair trading partners. retailers have little or no bargaining on debit cards is the Durbin fee—the We don’t live in a perfect world. power with Visa, MasterCard, and the Durbin fee. The same thing was said by Other nations, such as China, are more big banks, as one can imagine. the Chicago Tribune on Saturday. than willing to exploit our good will to So we passed a law over 1 year ago— Let me say at the outset I am hon- gain political, strategic, and economic an amendment that I offered to the ored to be associated with an effort to advantage. The time has come to de- Dodd-Frank Wall Street Reform Act— reduce costs to retailers and consumers fend our core economic interests. which said to the Federal Reserve across America. What we are doing is American workers are the best in the Board: Investigate this. Find out how fair—trying to strike some balance in world. They are not asking us for a much it actually costs the bank and an industry that has shown little or no handout or a subsidy. What they are credit card companies to process a balance. One of the worst offenders in asking for are leaders who will defend transaction with a debit card. They this is Bank of America—the largest their legitimate interests on the world came back, after a long study, and they bank in the United States. stage. So far, this has not been done. said: If it uses a PIN number, which Did you see what they did last week? I salute Senators SCHUMER, BROWN, some do, it is about 4 cents. If we sign They announced that anybody who had GRAHAM, BURR, SNOWE, STABENOW, and it, it is about 7 to 12 cents. Then they a debit card at Bank of America was others who have supported the legisla- said: Incidentally, the average charge now going to be subject to a $5 month- tion. I think it is time for us to act, by the credit card company and bank ly fee because of this reform. What I and I ask my colleagues to support the for each swipe fee is 44 cents—dramati- have said in the media, and I will say legislation as we move forward. cally larger than the cost of the trans- here, is: Bank of America customers, I yield the floor. action to the bank or the credit card vote with your feet. Get the heck out The ACTING PRESIDENT pro tem- company. of that bank. Find yourself a bank or pore. The Senator from Illinois. Remember, in the old days, when we credit union that will not gouge you $5 f processed checks? It cost pennies to a month and still will give you a debit process a check no matter what the card you can use every single day. DEBIT CARD FEES face amount was. But now, retailers What Bank of America has done is an Mr. DURBIN. Mr. President, I wish to face the 44-cent average swipe fee every outrage. Last week, when they an- take those who are following this de- time somebody uses a debit card. So we nounced they were charging their own bate on a little trip through the world can understand some retailers don’t customers a $5 monthly fee for the use of plastic. I am talking about the world like this much. There is no competi- of the debit card, they went overboard. of credit cards—in this case, specifi- tion. These banks and credit card com- They are overcharging their customers cally about debit cards—because some- panies tell them this is it, take it or even for this new debit card reform,

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.019 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6019 but it is nothing new in the history of found it cost the bank, on average, 7 have a different point of view. When I Bank of America. Consumers across cents to conduct a debit transaction— was back in Illinois, I stood with the America and the customers of Bank of a signature transaction. It costs a lot retailers, and I hope the retailers of America are rightfully outraged. It is less, I am sure, for Bank of America, Tennessee and Utah will be in touch hard to believe a bank would impose with its economies of scale. But the with my colleagues and let us hear such a fee on loyal customers who sim- Fed also found Bank of America was their side of the story. They have been ply are trying to access their own getting an average of 44 cents, instead victimized by these banks and credit money on deposit at Bank of America, of 7 cents. They simply can’t make card companies for too long. What we especially when Bank of America, for that type of enormous profit margin— do with this law is establish a reason- years, has been encouraging their cus- nearly 600 percent—in a transparent able standard of compensation and now tomers to use debit cards as much as and competitive market. In a free and some disclosure about what is being possible. fair market, these profits would be charged for transactions. It is particularly hard to believe this competed down to a reasonable level. I wish to help small businesses—and fee would come from a bank with a Without competition, credit card com- large retailers too, for that matter— track record such as Bank of Amer- panies—these banks such as Bank of across America. Their profitability, the ica’s. After helping to drive our econ- America—will continue to win, and success of their business, means more omy off the cliff’s edge in 2008, Bank of consumers and retailers—and, of Americans go to work. If a Senator America was happy to accept a $45 bil- course, now the Bank of America’s own wishes to stand on the floor of the Sen- lion Federal bailout for their stupidity, customers—will lose. ate and defend the Wall Street banks, their greed, and their mistakes. It was Today, I have written a letter to the such as Bank of America, and the cred- just as happy to take that money and CEO of Bank of America. His name is it card companies, be my guest. I would hand out $3.3 billion in employee bo- Brian Moynihan. I told him it wasn’t rather stand with the consumers and nuses in the same year—2008. Don’t for- just me alone but others have done a retailers that have been taken to the get the track record of Bank of Amer- little calculation on his $5 monthly fee. cleaners for years and years by these ica when it comes to handling mort- Do you know what we found out? When swipe fees. gages. They picked up this company— they thought the swipe fee was going The latest outrage by the Bank of Countrywide—which had issued mort- to be limited to 12 cents, Bank of America is a reminder that when it gages all across America that were America said: That will cost us $2 bil- comes to valuing customers, those going bad. The record of Bank of Amer- lion a year. Turns out the Federal Re- banks that don’t gouge those cus- ica, when it comes to processing these serve said: No, it will be 24 cents. So by tomers, that don’t overcharge for debt same mortgages, is equally dis- our estimates, this new reform of the fees, are the ones that deserve Amer- appointing. When it is not losing paper- swipe fee may cost—may cost—Bank of ica’s business. work or refusing to answer the phone, America $1 billion a year in revenue. Mr. President, I yield the floor. The ACTING PRESIDENT pro tem- Bank of America is foreclosing on Guess what. If we do the calculation of pore. The Senator from Tennessee. American families right and left. $5 a month on the number of reported But at least this time Bank of Amer- debit cardholders at Bank of America, f ica is being open about the new charge they will bring back twice as much as CURRENCY EXCHANGE RATE to its loyal customers. In contrast to their projected loss on this new law. OVERSIGHT REFORM ACT the overdraft fees, research fees, swipe They are overcharging their own cus- Mr. CORKER. Mr. President, I actu- fees, and other hidden fees they have tomers, once again, twice as much as ally am here to speak on another topic, charged, this time Bank of America is they should if they just want to cover but I was glad to hear the comments of being up front about sticking it to its the hidden fees they had in the past. the Senator from Illinois. I will say in own customers. Transparency is a good That is unfair to consumers, it is un- general that I think consumers across thing. It allows customers, as I said, to fair to the customers, and it is unfair our country are beginning to see the vote with their feet. Not every bank to do it in this tough economy, when a first of many consequences of Dodd- treats its customers like Bank of lot of Bank of America’s customers Frank. Sometimes I think my friends America, and consumers can decide across America are struggling to get on the other side of the aisle believe whether Bank of America’s values re- by. What I am basically calling on Mr. money comes from air. But the fact is flect their own. Moynihan to do is to justify this $5 when you price fix something such as Bank of America is the largest bank monthly fee based on their projected the Senate did through Dodd-Frank, in terms of assets in the United States. debit card transaction losses and the when you price fix something like this, Now it is crying poverty, saying it is number of people they have holding obviously it is going to have the con- forced to hit their debit cardholders debit cards by their company. sequences that have been laid out and, with this new monthly fee because I didn’t come up with this alone. A unfortunately, consumers across our Congress passed swipe fee reform. I gentleman by the name of Lazarus, country are going to be paying the don’t buy it. Here is the reality: Bank who is a business reporter in Cali- price. It is interesting that most of the of America and banks in general are fornia, was the first one who called it major retailers my friend was alluding still making billions of dollars with to my attention on the ‘‘Lehrer Re- to are all talking about the profits, the this new reform in the law of credit port’’ on Friday night. We have looked benefits they are going to have from and debit card swipe fees. Swipe fees into it further, and it is clear, again— this. At the end of the day it is the con- are an estimated $50 billion per year again—that Bank of America is over- sumers who are going to be paying the money maker for the banking indus- charging its own customers. I can tell price, and we are already seeing that try—$50 billion. Bank of America alone you it isn’t the first time. Most people play out. While Bank of America—I am makes billions from swipe fees each are aware of the fact Bank of America not here to defend them. This is just year. But Bank of America didn’t earn was sued for overcharging for various the first of many charges and lack of those fees by competition. Instead, fees, such as overdraft fees, in the past. credit that is going to be part of our Bank of America receives these billions Because of that suit and the possibility American society as a result of Dodd- because Visa and MasterCard, this du- of losing it, they entered into a settle- Frank. opoly that runs the credit card busi- ment to pay over $400 million for over- But let me say, I came down today to ness in America, basically fixed these charging their own customers. They talk about a bill we are getting ready prices and retailers and consumers are doing it again. Bank of America, to debate I understand this afternoon have no voice in the process. This with this monthly fee, is overcharging at 5:30. It is the Currency Exchange price-fixing has immunized the swipe its customers again by any reasonable Rate Oversight Reform Act of 2011. I fee revenue stream from competition. standard for a loss of revenue based on probably won’t recite that again, but Now that Bank of America is out in the this new law. that is the bill we are going to be hav- open with this overcharge of their own The last point I wish to make is ing a cloture vote on tonight at 5:30. customers, it is time for real competi- this—because I see some on the floor, I understand how people across this tion to step in. The Federal Reserve including a Senator or two who may country are very frustrated about our

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.025 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6020 CONGRESSIONAL RECORD — SENATE October 3, 2011 economic situation. I am very frus- So here we have an opportunity in though we know what to do but we trated. I am frustrated for the people of this Chamber very soon to take up the won’t do it, and, instead, now we have Tennessee and the fact that our econ- three free-trade agreements with South got to find a bogeyman. omy is not showing the kind of growth Korea, Panama, and Colombia, trade Do I like what China is doing with we would all wish to see. I understand agreements we have wanted to have in their currency? No. But is it changing? how politicians like to respond to place for a long time. Here we are, the Yes. Is our country putting pressure on things back home by making it look as Senate, a body that is supposed to act China to change? Yes. Is it occurring? if they are doing something to benefit with cooler heads. And I understand Yes. It is going to have to. The middle the folks back home during this tough the pressures back home. I have them class in China is going to want access economy. I plan to speak at length on too. Our State has tremendously high to the kinds of goods our country pro- this throughout the week that this bill unemployment, much higher unem- duces. It is naturally happening. So is being debated. ployment than I wish to see happen. I why would we as a country tamper at The bill that is going to be on the know when I go to townhall meetings, this time of a global slowdown with floor tonight is not the answer. I think people talk about China, and I under- creating a trade war? most of you know that tonight we are stand that. But I think people may be I understand and I know many of the going to begin debating a bill that misreading what is in this bill. I think Senators in this room hear the same would call China, in essence, a cur- a lot of people think this bill is sort of things back home I hear back home. rency manipulator. And, by the way, a plaything because it actually gives But the last thing we need to do at this they are a currency manipulator and I the President a chance to waive tariffs point in world history, at this point will agree to that. But the response on goods that happen to come here with the global economy as it is today, that this bill wants to put in place is to cheaper because of currency manipula- is repeat the same mistakes that hap- put tariffs on Chinese imports, and tion. But that is not the case. That is pened back in the 1930s with Smoot- what I believe will happen is it will not what this bill says. A lot of people Hawley. That is exactly the path we begin a trade war. have misunderstood what this bill says. are going down. It is as if we don’t What I wish to say is this is the U.S. They think it is sort of a plaything and learn from history. I urge all Senators Senate. I understand that sometimes a the President can make it all right. to think about this. hot bill will make it out of the House The President, if you will, can be the I understand we are probably going for lots of reasons, due to its makeup. adult and not create a trade war. But to move to this bill tonight. I do hope I understand that a lot of times a bill that is not what the bill says. The bill we have a vigorous debate. I hope we such as this comes forth for messaging. says this country has to put in place change this bill dramatically, if not What I would say is we are actually tariffs on goods coming into this coun- kill it. But I think Senators need to playing with fire here. This is some- try, as long as they are not being understand, in my opinion, we are thing that is originating in the Senate. dumped into this country. If they come playing with fire. This is not the right It is a place where typically things are in at a competitive advantage, we have thing for us to do. We need to be focus- to cool and we are to think through to put in place tariffs. ing on how we make this great Nation, things. Is this what the Senate wants to do the greatest Nation of all times, grow. I am hopeful we will have a vigorous today? We have had a tremendous fi- We can do that by dealing with our debate on this, and many amendments, nancial crisis. We have high unemploy- own issues here internally. We know because my concern is that at a time in ment in this country. We are tremen- how to do it, and we can do this by cou- our country when we have had a finan- dously overregulated. We are not doing rageously dealing with the long-term cial crisis which has led to the type of the things within our own country we issues that confront this country. That economy we have here where we wish should be doing, that many of us have will be the short-term stimulus this to see many people in our country have been arguing, to cause our economy to economy needs. greater and more full employment, at a grow. We have a financial crisis that is Mr. President, I yield the floor, and I time when we come off high energy taking hold and taking root and actu- note the absence of a quorum. prices a few years ago that sucked a lot ally moving in parts to this country The ACTING PRESIDENT pro tem- of life out of this economy, at a time and hurting us. The markets are down. pore. The clerk will call the roll. when the global economy is slowing So the Senate, a body of 100 people The assistant legislative clerk pro- much due to the financial crisis that is who are elected for 6-year terms, wants ceeded to call the roll. occurring right now in Europe, I think to put in place tariffs on a major grow- Mr. SCHUMER. Mr. President, I ask the response we want to put forth is ing country that we have growing ex- unanimous consent the order for the not to create a trade war with China. ports to, and create a trade war—a quorum call be rescinded. I think most of us know China has trade war between the two largest The ACTING PRESIDENT pro tem- been a currency manipulator. They economies in the world? That is our re- pore. Without objection, it is so or- have a managed float for their cur- sponse, instead of understanding the dered. rency. We wish to see that rise much best thing we can do for this country Mr. SCHUMER. Mr. President, I ask more quickly than it has. It has risen right now is to deal with those long- we move from morning business to the about 30 percent in the last several term solutions in our own country and pending legislation. years. ask this deficit reduction committee to f So the point is they are making go big, to get $3 trillion, to do tax re- changes. China has an antiquated fi- form, to do entitlement reform. These CONCLUSION OF MORNING nancial system that has to be changed; are the kinds of things we ought to be BUSINESS it has to be liberated; it has to become doing in this country: passing a 6-year The ACTING PRESIDENT pro tem- more like what we have in this coun- highway bill; producing American en- pore. Morning business is closed. try. And those steps are happening. ergy; reducing regulations that are im- f There is no doubt that importers— peding our economy and not helping there is no doubt that the goods that the country. Those are the kinds of CURRENCY EXCHANGE RATE come here from China come here at a things we ought to do. That is the re- OVERSIGHT REFORM ACT OF lesser price than they otherwise would sponse from the Senate, from people 2011—MOTION TO PROCEED because of the currency float they put with 6-year terms who were elected to The ACTING PRESIDENT pro tem- in place in China. I understand that. be the cooling of legislation, not to pore. Under the previous order, the But that is changing. And the fact is originate bills out of this body that we Senate will resume consideration of that with a country of 1.3 billion and as know, if passed, will likely create a the motion to proceed to S. 1619, which their standard of living continues to trade war. the clerk will report. grow, we have an opportunity to have It is as though this country has lost The assistant legislative clerk read even more trade with this country. Our its ability to see the fact that we are as follows: exports to China have grown sixfold an exceptional country. It is as though Motion to proceed to the consideration of over the most recent time. we are cowering down now. It is as S. 1619, a bill to provide for identification of

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.027 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6021 misaligned currency, require action to cor- nipulation to gain an unfair advantage Oh, yes, we have to deal with Chinese rect the misalignment, and for other pur- over American businesses. currency manipulation. poses. It has been 10 years since China But when we ask people who say: The ACTING PRESIDENT pro tem- joined the WTO. In those 10 years the Don’t do your bill, deal with it a dif- pore. Under the previous order, the Economic Policy Institute estimates ferent way, we say how? No one has an- time until 4:30 p.m. will be equally di- that 2.8 million American jobs were other answer. It was true that our ini- vided and controlled between the two lost or displaced in manufacturing or tial bill introduced 5 years ago was a leaders or their designees. other trade-related industries as a re- blunt instrument to bring attention to The ACTING PRESIDENT pro tem- sult of increased trade with China and the issue. It was our hope then not to pore. The Senator from New York. the Chinese Government’s manipula- pass the legislation—in fact, we al- Mr. SCHUMER. Mr. President, I rise tion of its currency. My State of New lowed cooling off period after cooling today in strong support of S. 1619, the York has suffered some of the biggest off period in the legislation—but, rath- Currency Exchange Rate Oversight Re- losses, with over 161,000 jobs lost or er, simply to get the Chinese to act. form Act. First, I want to say this bill workers displaced since 2001. Accession But about after 3 or 4 years, Senator is the culmination of years of hard to the WTO was supposed to bring Chi- GRAHAM and I became convinced that work and collaboration between Demo- na’s policies in line with global trade China would not act. When there was crats and Republicans. I thank Senator rules meant to ensure free but fair real pressure they might move the cur- LINDSEY GRAHAM of South Carolina. He trade. Instead, China has single- rency a little bit, but then they would and I have been partners in this en- mindedly flouted those rules to spur its back off. deavor for over 5 years. We have trav- own economy and export-oriented The same proved true in other areas eled to China together. We have growth at the expense of its trading where China unfairly treats American worked long and hard to try to gain partners, most of all the United States. industry, so we came to the conclusion some fairness in the way China treats Our economic relationship with that legislation was the only answer, American industry, particularly in re- China needs a fundamental change. It no one having a preferred or even seem- gards to currency. is not just in currency, although that ingly possibly effective alternative. So I thank Senator SHERROD BROWN and is the No. 1 issue. On issue after issue, we worked, as I said, with Senator Senator DEBBIE STABENOW. Both made whether it is poaching intellectual BAUCUS and Senator GRASSLEY and very valuable additions to the proposal property, unfairly and illegally sub- came up with a proposal we believe on the Senate floor today. In fact, Sen- sidizing Chinese businesses, monopo- meets WTO rules. ator BROWN is the lead sponsor of this lizing rare earths, not allowing Amer- Then, because Senator STABENOW had legislation because of the strong and ican companies to compete in China— worked long and hard on this issue good work he has done. They both have on issue after issue China is mer- along with Senator COLLINS, we com- worked long and hard, realizing the in- cantilist, plain and simple. They use bined her proposal and our proposal. dustries in their States are at such a the rules of free trade when it benefits Hers was mainly focused on the Bank- competitive disadvantage. them and spurn the rules of free trade ing Committee, Commerce Depart- I thank my colleague, JEFF SESSIONS, when it benefits them. For years Amer- ment, ours on Treasury. Then a year or as well, who has been one of our part- icans have grimaced, shrugged their two ago, Senator BROWN and Senator ners and leaders on this legislation shoulders, but never done anything ef- over the last several months, and lead SNOWE had an additional proposal, and fective to in large measure stop the we have combined all of these pro- sponsors in addition: BOB CASEY, OLYM- Chinese pursuit of unfair mercantilism. posals into one workable bill that will PIA SNOWE, JEFF SESSIONS, KAY HAGAN, Six years ago I was in upstate New finally get fairness for American com- and RICHARD BURR, as well as dozens of York and a steel manufacturer told me panies. other cosponsors on this bill for their they could compete against Chinese work on this issue for many years. steel just fine, even with labor costs Over the past 6 years we have been I also want to particularly express being lower in China, except for the sending a message to the Chinese Gov- my appreciation to Chairman MAX fact that China manipulated its cur- ernment about their exchange rate BAUCUS and former ranking member of rency and gave Chinese steel imports a policies. Every Treasury Secretary the Finance Committee CHUCK GRASS- 30- to 40-percent advantage. The owner since we began this crusade said: You LEY for their leadership and work on of the company, providing 300 good- know what. Let me just talk to the currency manipulation. We believe our paying jobs, pleaded with me to do Chinese. I can bring reason to them. bill is WTO compliant, and it is in part something. I happened to speak with They did it with the best of inten- because Senators BAUCUS and GRASS- Senator GRAHAM, and he was finding tions and the best of hopes, every LEY looked at our original bill and the same situation with industries in Treasury Secretary—casting no asper- worked with us on suggestions as to his State of South Carolina. sions on any of them because the fault how to change it to make it just as ef- We began our crusade to get China to was China’s, not ours—and could not fective but within the rules of WTO. behave fairly. At first, people did not get progress at all. Today we have an opportunity to even accept the fact that currency ma- So it is down to this. If we want help put middle-class Americans back nipulation was wrong and harmful to American companies to have a fair to work and, amazingly enough, in a America. I remember at one point, chance of competing, this is the solu- bipartisan way. Today we stand to- within a short period of time, both the tion. Not everyone will agree with gether to defend American jobs against New York Times editorial page—a de- every jot and tittle in this bill, but I market-distorting, job-killing ex- cidedly liberal editorial page—and the think the vast majority of my col- change rate policies that subsidize for- Wall Street Journal editorial page—a leagues will agree with its thrust and eign manufacturers at the expense of decidedly conservative editorial page— the need to do more than we have been American manufacturers. These cur- said China should not have to let its doing. For that reason I am hopeful rency policies artificially raise the currency float, even though it is a that large numbers on both sides of the price of U.S. exports and suppress the tenet of free trade since Bretton Woods aisle will vote for this motion to pro- price of Chinese imports into the that said the way to correct large im- ceed so we can begin debating this United States, undermining the eco- balances in trade is to let a currency measure and listen to some amend- nomic health of American manufactur- readjust by floating. ments if people have ideas as to how to ers and their ability to compete at We spent years convincing America, change it. home and around the globe. convincing our colleagues that this Let me go over our bill. Our bill is in- China is by far the biggest exploiter manipulation of currency dramatically tended to give the administration addi- of predatory currency practices, but hurt America and was unfair and tional tools—this administration or our bill does not target China or any against all tenets of free trade. We any—to use if countries fail to take one country. Our bill, rather, says have achieved that goal. Now the edi- steps to eliminate currency misalign- there will be consequences for any torials may pick reasons they do not ment. The bill would prohibit Federal country that engages in currency ma- like our particular bill, but they say: procurement of products or services

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.029 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6022 CONGRESSIONAL RECORD — SENATE October 3, 2011 from a country that fails to adopt ap- One of the questions that is raised is, There is story after story just like propriate policies or to take identifi- Is our bill WTO compliant? We believe that. When American companies are able action to eliminate currency mis- it is. We have worked hard to ensure fighting for their survival and battling alignment. this. The bill provides the President subsidized Chinese exports, including Our bill also uses U.S. trade law to with flexibility to waive any con- high-end exports, this is no longer an counter the economic harm to U.S. sequences that might have an adverse argument about labor-intensive indus- manufacturers caused by currency ma- impact on the U.S. economy. The bill tries alone. nipulation. The artificially low value also continues to allow the U.S. Gov- I, for one, am not prepared to raise of the yuan—economists estimate it is ernment trade officials to do their job the white flag on American manufac- anywhere from 20 to 40 percent less and make the decisions on the basis of turing and on American jobs, and nei- than what it should be—amounts, as is facts argued before them. We have ther should anybody else. I know well known now, to a subsidy on Chi- talked to many experts in the field. American manufacturing can compete nese exports and a tariff on imports They too believe our bill is WTO com- successfully against Chinese competi- from the United States and other coun- pliant. tion at home, in China, and around the tries to China. What do the critics say? No one criti- world but only if the playing field is Under existing trade laws, if the cizes the idea that China has manipu- level, and our bill helps to level that Commerce Department and the Inter- lated its currency. No one criticizes the playing field. national Trade Commission find that thought, the actuality that China ma- Critics of our bill say that while cur- subsidized imports are causing eco- nipulates its currency. Almost every- rency manipulation is an important nomic harm to American manufactur- body thinks not enough is being done. issue, legislation to address it would ers and workers, the administration The main argument against our bill is ignore the many and growing chal- must impose duties on those imports to not the bill itself, but critics of the bill lenges we face in China. The critics are offset or countervail the benefit con- worry that maybe this could start a wrong. We have no intention of ignor- ferred on foreign producers and export- trade war with China. Well, I have ing the range of China’s market-dis- ers by government subsidies. Com- news for them: We are already in a torting practices, the ones I mentioned merce already has the authority under trade war with China, and we are los- before. In fact, because China was U.S. law to investigate whether cur- ing. China, by its mercantilist policies emboldened on currency, which the rency undervaluation by a government on currency above all but on rare earth whole world—Brazil, just a week or two provides a countervailable subsidy, al- and intellectual property, ago, asked China to stop manipulating though it has failed to do so despite re- unsubsidization of homegrown indus- its currency. The European Union feels peated requests by industry after in- try, on exclusion of American exports the same way we do. Nobody does any- dustry to investigate. Our bill specifies the applicable in- where we might have advantage, is al- thing, so China is emboldened to pur- vestigation initiation standard so Com- ready engaged in a trade war, and the sue mercantilist policies in other merce can’t just turn its back on these result is that millions of Americans do areas. Just recently, they have become companies, and it will require Com- not have jobs who should. The result is involved in rare earths. They tell merce to investigate whether currency that hundreds of billions of dollars flow American manufacturers: If you want undervaluation by a government pro- out of America and into China. If we do rare earths, you would be a lot better vides a countervailable subsidy if the not do anything about this, our coun- off sending your plant to China. It is U.S. industry requests the investiga- try will be hurt badly, perhaps irrep- just unheard of. tion and provides the proper docu- arably. Critics of our bill say it is unlikely to mentation. Some argue, as did the Washington create any incentive for China to mod- Our bill also clarifies that Commerce Post today, that it will not have much ify its exchange policies. The experi- may not refuse to investigate a subsidy of an effect because the industry of ence Senator GRAHAM and I have had is allegation based on the single fact that China has to revalue its currency; that when China thinks something a subsidy is available in circumstances these industries will go to places such might be done, they begin to let their in addition to export. as Bangladesh. They are making an ar- currency rise. Because nothing perma- Our bill also uses the term ‘‘currency gument that is 5 and 10 years old and nent is done, they go right back to misalignment,’’ but it is not just a stale. We are not arguing about labor- their old habits as soon as the pressure term. Administrations, both the Bush intensive industries such as clothing or is off. This idea that if we pressure the administration and the Obama admin- shoes or toys. Those are going to Ban- Chinese, they won’t do it makes no istration, have, to the amazement of gladesh already, with the cost of Chi- sense. If we pressure them, they do many Americans, refused to label nese labor going up. China uses its cur- nothing, and if we don’t pressure them, China a currency manipulator. But ma- rency manipulation against our top- they do nothing. The only answer is nipulation is a subjective standard in- notch manufacturers. The large compa- concrete legislation. volving intent. What we do is refine nies say nothing because most of them What would those who oppose this that concept and go for misalignment. have plants in China, so they can get bill have us do? What is their sugges- We believe misalignment is the appro- around it, but middle- and small-sized tion? They do not really have one. priate standard. That is not subjective. manufacturers are up against this wall Should we continue to sit back and It is not saying why the currency is and are desperate for our help. watch while American jobs and Amer- misaligned or how or who did it. It is One manufacturer in upstate New ican manufacturers and even large simply saying that it is. It is a nar- York makes a very advanced product chunks of American wealth just drift rower standard. It is a standard that is that deals with cleaning pollutants as away? Should we continue to, as one of harder to wriggle out from under if they go through a power system. It is a my constituents put it, be not Uncle anybody, any government official is in- top-notch product. This manufacturer, Sam but Uncle Sap? Well, there are too tent on not enforcing the rules we who employs a couple hundred people many of us in this Chamber on both think necessary to get the Chinese to in upstate New York, said to me: Chi- sides of the aisle who will not sit back act. So the bill is carefully thought na’s stealing my stuff even though I and continue to let mercantilist trade out. The decimation of our middle have patents and other things on it. practices continue to decimate Amer- class, our manufacturing sector, and They are stealing the method by which ican manufacturing and American the American economy as a whole is we do this. He said: I could live with jobs—middle, low, and high—nor will due in part to developing countries that if they just sold the stuff in China. my colleagues here in the Senate. such as China employing currency ma- We are not big enough to export all Democrats and Republicans are united nipulation and other aggressive mer- around the world. Instead, what they on this issue. We must take decisive cantilist tactics to tilt the field in do is steal our intellectual property on action against China’s currency manip- their favor. In the absence of action by this, and then they come back and sell ulation and other economically inju- the administration, we have a responsi- it in America at a 30-percent discount rious behavior. The fact that they ma- bility to protect the interests of Amer- because of currency manipulation. How nipulate their currency imbalances the ican workers and companies. am I going to compete with that? whole world trading system. Many

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.030 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6023 economists list it as one of the reasons Mr. HATCH. I have enjoyed the re- order to limit or preclude currency ap- we had the decline in global trade in marks of my distinguished friend from preciation, primarily in China but also the worldwide recession. We simply New York. in some of the other economies as well. have no choice but to right the wrong As we begin the debate today on the There also seems to be little question China is committing. important issue of exchange rate mis- that China manipulates its currency in Any retaliation by China would be alignment, although it is an important order to subsidize its exports. further evidence of their unwillingness debate, I seriously question its timing. The bill before us seeks to address ex- to meet their obligations under the Let’s step back for a moment. At the change rate misalignment specifically WTO and the global trade community. end of last month, the Senate approved and global imbalances generally by By the way, China has a lot more to legislation renewing and expanding sharpening the tools available to lose with retaliation than we do. If trade adjustment assistance. We need counter currency manipulation by a there is one country that gains the to be clear about what this program trading partner. Of course, any addi- most by exporting to the United States is—a big government spending program tional tools we can construct must be by international trade, it is China. of dubious value but one that is impor- carefully crafted to align with all of They are very smart, and they are not tant to President Obama’s union allies. our international trade agreements and going to cut their nose to spite their Not surprisingly, given the heft labor global rules of trade. face. unions wield in the liberal political co- The issue of China’s currency has I wholeheartedly support the Presi- alition, this spending program is Presi- been with us for far too many years. dent’s goal of doubling U.S. exports dent Obama’s top trade priority, so The issue of China’s currency has over the next 5 years, but that cannot much so that he was even willing to been with us for far too many years. be done if we do not take concrete ac- abandon our allies in Colombia, Pan- We have repeated discussions about tion to address the protectionist prac- ama, and South Korea unless he se- how to address lack of appreciation of tices of foreign governments that con- cured this additional spending. To get China’s currency, followed by diplo- cede tariff reductions only to replace more government spending for big matic bilateral discussions assurances tariffs with massive currency manipu- labor, the President was willing to hold of moves from China to allow apprecia- lation, border taxes, and a variety of up the three free-trade agreements tion some modest subsequent apprecia- state subsidies. We will not do it unless with Colombia, Panama, and South tion while the political heat is on, and we get to the root cause. Korea that everyone knows will grow little change thereafter once the heat China’s currency manipulation would this economy and create jobs. subsides. be unacceptable even in good economic I was happy to chat with the Trade This approach does not seem to be times. At times of high unemployment, Representative a few minutes ago, and working. We have had large and per- we can no longer stand for it. There is he told me he was going to send those sistent bilateral trade deficits with no bigger step to create American jobs three trade agreements up today, and China, and those deficits continue. We that we can take than to confront Chi- they should be here between 4 p.m. and have relied on China’s massive excess na’s currency manipulation. It is not a 5 p.m. I am really happy about that be- savings to finance our growing debt, Democratic or Republican issue. Every cause it is way beyond time to get and we have worsened that reliance one of us has manufacturers, compa- them here. given the debt-fueled spending spree of nies that are struggling to compete at Americans need to remember this the current President. China’s dollar- home and abroad with Chinese exports episode when they hear the President denominated reserve holdings, which with a built-in price advantage. It is talk about his commitment to job cre- have grown for many years, have not China bashing. It is about fairness ation. Put aside all the talk, and it is ballooned from around $1.9 trillion and defending American jobs. clear where the rubber hits the road. when President Obama took office to Many of us and most Americans are The President will prioritize govern- over $3 trillion, according to some re- worried about how things will be in 10, ment spending over private sector job cent estimates—a 50-percent increase. 20 years from now. Will America stay growth. But currency misalignment by China the leading economic power of the Still, because of the President’s in- is not the only source of global finan- world? Will our children have a better sistence on this spending program, the cial and economic imbalances. If the life than we do? The No. 1 thing we TAA bill is likely to pass the House President looked in the mirror, he have to do is change things at home to and become law. So here is my ques- would see his own responsibility for make that better, there is no question tion: Given that we just debated a global economic uncertainty. Our about it. Very high on the list as well trade bill that we knew would likely budget deficits have far exceeded $1 is making sure China no longer un- become law, why was this currency bill trillion for the past 3 fiscal years. For fairly sucks millions of jobs and hun- not considered in that context? I can 2011, the deficit is expected to be dreds of billions of dollars of American only conclude either that the adminis- around $1.3 trillion, which is an wealth to its shores. What China does tration opposes the currency bill and unsustainable 8.5 percent of GDP and will make our job of keeping America therefore asked that it not become part the third-largest deficit in the past 65 strong, of having the next generation of TAA or that the consideration of years, exceeded only by the deficits in live a better life than this generation this bill is merely a political exercise 2009 and 2010. Deficits of this mag- far more difficult unless we force them with little expectation that it ever will nitude have not been seen since the to change. They will not change on become law. With millions of Ameri- years surrounding World War II, when their own. cans out of work and the economy virtually the entire economy was being Passage of this legislation will lead stagnant, the people of Utah and all directed by the Federal government. to real consequences for countries that American citizens deserve more than Given our budget deficits and the unfairly manipulate their currency. We political grandstanding. China currency issue, the important have waited a long time. We have de- Regarding the substance of the issue, question is: What is being done? clined to move the legislation at the the manipulation of currency values by Let’s look at what is being done with request of two administrations. Pa- major trading partners in order to gain a bit of recent history for context. tience—not of us but of the American unfair trade advantage represents a Back in 2008, then-candidate Obama people—has worn out. I ask my col- genuine threat to U.S. jobs and to re- wrote the following to textile organiza- leagues to stand with us on S. 1619. balancing of the global financial and tions: Stand up for American manufacturing, economic system. For many years and The massive current account surpluses ac- for American jobs, for American continuing into the present, that cumulated by China are directly related to wealth. Stand up so our children can threat is a reality. There is virtually its manipulation of its currency’s value. The have an even brighter future than we unanimous agreement among inter- result is not good for the United States, not have. national analysts that there exists good for the global economy, and likely to I yield the floor. large-scale, prolonged, one-way inter- create problems in China itself. The ACTING PRESIDENT pro tem- vention in exchange markets by some He went went on to promise that, if pore. The Senator from Utah. of our important trading partners in elected, he would use all diplomatic

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.031 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6024 CONGRESSIONAL RECORD — SENATE October 3, 2011 means at his disposal to induce China workers should not have to compete If the President’s act is, as adver- to change its foreign exchange policies. against foreign firms that receive mas- tised, so crucial for job creation in the He promised to beef up U.S. enforce- sive subsidies. If the President is as in- face of our national unemployment cri- ment efforts against unfair trade prac- tent on focusing on job creation in sis, why is Senate Democratic leader- tices. America as his campaigning suggests, ship delaying its consideration? Why Also, back in 2009, during the Treas- then why has he refused to take such a not consider the legislation right away, ury Secretary’s confirmation hearing simple step as designating known, ex- as demanded by the President in his before the Senate Finance Committee, isting currency manipulation? campaign speeches and Democratic Na- now-Secretary Geithner stated that: There is a severe mismatch here be- tional Committee advertisements? President Obama—backed by the conclu- tween political rhetoric and action. We are told by the President that sions of a broad range of economists—be- My fear is that the administration’s Americans who are out of work cannot lieves that China is manipulating its cur- overreliance on overseas funding—in wait until the next election for us to rency. particular from China—to finance their act boldly for job creation. So why are Those are strong words. Yet once in exploding deficits is preventing the we not considering his American Jobs office, the President and Secretary President and his officers from acting Act, unless my Democrat friends dis- Geithner failed to follow up on those on behalf of the competitive, but strug- agree with the President that the act words with action. The Administration gling, American workforce. would be the most important job cre- promised to usher in an era of change It is well past time for the adminis- ator available to us today? but failed to change the way the U.S. tration to recognize the negative con- I suspect they know that the $447 bil- deals with the China currency issue. sequences of China’s manipulation for lion in new stimulus spending included The Omnibus Trade and Competitive- American workers and manufacturers, in the President’s jobs bill, and the ac- ness Act of 1988 requires that the and for global stability. companying proposals to impose $1.5 Treasury Secretary report on exchange Even though there has been only trillion in new taxes on a sluggish rate policies of major U.S. trading tepid support, even on the Democratic economy, is economically counter- partners. Under the act, Treasury must side of the aisle, for the President’s productive and a sure-fire political consider whether countries manipulate much touted jobs plan, there is bipar- loser. exchange rates for purposes of pre- tisan agreement that Congress needs to I must say that the President’s Jobs venting balance of payments adjust- take significant actions to address the Act looks like more of the same debt- ments or gaining unfair trade advan- massive jobs deficit this Nation is fac- fueled stimulus spending, cloaked tage. ing. We face a national crisis in having under the guise of ‘‘investment,’’ along The evidence clearly seems to show unemployment persisting at over 9 per- with higher taxes, cloaked under the that China’s currency policies amount cent, with elevated numbers of the un- label ‘‘tax reform.’’ to manipulation leading to an unfair employed suffering from long-term While I may disagree on the particu- advantage in international trade. bouts of joblessness and with many lars of the President’s proposal, I do Candidate Obama agreed during his American workers having become so not disagree with his premise that we campaign. discouraged that they have simply face a national crisis in our labor mar- Treasury Secretary Geithner agreed dropped out of the labor force. kets and that we should be debating during his confirmation testimony. According to statements by the ma- measures that will promote American Yet, as Treasury Secretary and as jority leader of the Senate, a focus on job creation now, without delay. President, the two have refused to act. jobs is precisely why we are consid- We are also told by the President Secretary Geithner has issued five ering the bill before us. According to that we must pass our pending trade foreign exchange reports, but has re- one of those statements, the majority agreements with Colombia, Panama, fused to label China as a country that leader is reported as having said that and South Korea. Jobs are at stake, he manipulates its exchange rate for the ‘‘I don’t think there’s anything more says. As with the political campaign purpose of gaining unfair competitive important for a jobs measure than rhetoric exhorting Congress to pass the advantage in international trade. Let China trade.’’ President’s American Jobs Act, which me repeat that, despite many bold I am starting to think my friends on the majority leader has opted to shelve claims about using all the tools at the other side of the aisle are like the until some unspecified future date, the their disposal to counteract China’s gang that couldn’t shoot straight. The President delayed the action required trade policies, the administration re- majority leader thinks that addressing to get these agreements passed for fuses to designate China’s policies as China trade is essential to job creation. much too long. being consistent with currency manip- But based on its failure to use existing Pass the American Jobs Act, the ulation for trade advantage. The ques- tools available to designate China as a President scolds. tion that I and most of my colleagues currency manipulator, the administra- But we can’t because the Democrat’s from both sides of the aisle have is: tion apparently disagrees or it would majority leader has not brought the Why? have long ago used its authority to Act to the Senate floor. The currency Clearly, the administration must rec- make such a designation under the Om- bill, which is unlikely to lead to much, ognize the consequences of China’s ma- nibus Trade and Competitiveness Act if any, job creation before the next nipulation for American workers and and then acted on the problem. election, has come first, perhaps to manufacturers and for the stability of The President’s focus seems to be allow more time for campaign speeches the global financial and economic sys- elsewhere. He seems to think that at and ads by the Democratic National tem. Why, then, is the administration least as important for jobs as the issue Committee. protecting China by refusing to des- of China trade identified by the major- Pass the free trade agreements, the ignate it as a currency manipulator? ity leader is his so-called American President lectures. But they were de- Under the Omnibus Trade and Com- Jobs Act. Advertisements by the layed, as they sit idle on his desk. petitiveness Act, once a country is so Democratic National Committee and I am pleased, since the trade leader designated, there are no draconian ac- campaign speeches by the President in the administration called me a few tions required. The immediate reper- since he announced it in a joint session minutes ago to tell me they are on cussions are merely stepped-up moni- of Congress early last month tell us their way up here today. toring and greater vigilance in dia- quite clearly that we should ‘‘meet our This currency bill is coming first. logue. Those don’t seem to be things responsibilities’’ and consider that Act But what needs to come first is job cre- that would lead to currency or trade ‘‘right away.’’ ation, not electioneering and politics. wars. Yet my friends on the other side of Our jobs deficit is a full-blown na- So, why doesn’t the administration the aisle apparently believe that a po- tional crisis. The unemployment rate act? litical debate over China and its cur- has been persistently above 9 percent After all, American jobs are at stake. rency policies are more important for since April of this year. It has averaged American workers can compete with job creation than the President’s 9.4 percent since the President took of- any workers in the world, but our American Jobs Act. fice. It has been above 9 percent in 26

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.009 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6025 out of the 31 months since the Presi- generating trade deficits with nearly fueled infrastructure spending. Pre- dent took office, despite promises by 100 other countries, the Chinese piece sumably, given his interest in job cre- administration economists that the of the U.S. imbalance will migrate ation ‘‘right now,’’ the projects he has massive debt-fueled stimulus, which somewhere else. This bill is not a in mind will be more shovel-ready than will cost over $1 trillion when all costs magic bullet to solve our problems or the readiness of the previous stimulus are included, would keep unemploy- the problems arising from global im- projects, which turned into something ment contained below 8 percent. And balances. And it almost surely is not the President found so funny that he the unemployment rate is even higher, the highest priority piece of legislation joked about it. Of course, it is no joke at over 16 percent, once we include, for if job creation is truly our focus. to jobless Americans who are stuck example, people who want to work but The United States, for its part, con- with the stimulus debt bill. have become so discouraged that they tributes to global imbalances by per- We heard in early September from no longer look for work. sistently saving too little. Following the chairman of the President’s Coun- Nearly 14 million workers are unem- the financial crisis, which was precip- cil on Jobs and Competitiveness that ployed, and the number grows when we itated partly by large runups in house- the council identified ‘‘ten high-pri- include discouraged workers. The num- hold indebtedness, American families ority infrastructure projects based on ber of long-term unemployed workers have tightened their belts to save more their potential to put Americans to has been at record highs. According to and repair their own balance sheets. It work right away—projects that have Census data released last month, those is the U.S. Federal Government that already been funded, but are being held in their twenties and thirties are suf- has been missing in action to restore up by regulations.’’ fering from the highest unemployment national savings, reduce our Federal The jobs council says it will work rate since World War II. The enthu- debt, and promote global balance. with the administration to try to get siasm of young citizens in 2008 long ago Rather than repair the Federal bal- the projects moving. Let me repeat gave way to disappointment and dis- ance sheet, the administration has cho- that: the projects ‘‘are being held up by affection. sen to run trillions of dollars of debt- regulations.’’ This comes from the Our joblessness crisis is nothing fueled deficits and borrow ever-increas- chairman of the President’s own jobs short of a crisis for liberty. When ing sums from abroad, including China. council. American men and women do not have And rather than facing the fact that Yet when some on the other side of jobs and opportunity, their freedom to the Federal Government has a spending the aisle are reminded that regulations make lives for themselves is eroded. problem, the President is advertising are holding back job creation, they re- Yet we are to understand that in the and campaigning on a new American coil in disbelief. If there are 10 large- face of this historic crisis, there is no Jobs Act stimulus and tax hike plat- scale infrastructure spending projects more important issue regarding jobs form containing even more spending ready to go and already fully funded than our bilateral trade with China. and short-term debt accumulation. and are only being held up by regu- Again, I agree we need to address the We are told that it will be in the in- latory review lag, I urge the President issue of currency manipulation and our terest of the American people to bor- to act ‘‘right now’’ to get those sustained and large trade deficits with row more today in order to spend more projects underway in the interest of job China. However, let us be clear that on infrastructure, for example. The creation. Make one fewer campaign ap- dealing with issues related to China in- stimulus proponents say: Interest rates pearance and use that time to expedite volves only one bilateral trade rela- are low, so let’s ramp up borrowing regulatory review and get those tionship. The trade and current ac- right now. That is the same approach projects going if, as should be the case, count problems facing the United the Senate took when it voted to ex- he believes job creation is more impor- States, and the global financial, trade, tend and expand trade adjustment as- tant than politics and wishes to act on and economic imbalances that every- sistance. They ignore, however, that that belief. one faces are not solved by addressing piling trillions more onto our national We have also heard the President re- this one trading relationship. That is credit card issued by China and our marking on how, from a global com- one reason I will be offering an amend- other creditors moves us that much petitiveness perspective, the United ment to this bill calling for multilat- faster into the company of the States should borrow more today and eral and plurilateral negotiations to eurozone countries who now face de- spend on what he generically calls ‘‘in- address currency misalignment. If we fault and elevated interest costs. frastructure,’’ which, as it turns out, are going to succeed, we need to look While Federal borrowing rates are can be anything from paving a road to at the big picture and work with our low today, what happens when global doling out money to solar panel mak- allies to counter China’s current prac- markets tire of our profligacy and ers. tices. I will discuss my amendment in debt-financed spending and begin to de- The President cited in his infrastruc- more detail soon, but hope it will re- mand higher interest compensation? As ture advocacy a set of global rankings ceive strong bipartisan support. Spain and Italy have seen recently, low on infrastructure from the World Eco- Our trade imbalances are not with interest rates are not guaranteed and nomic Forum’s Global Competitiveness China alone. Rather, as part of the the interest rate environment that you Report. The President seemed to read problem of saving too little, the United face can pivot on a dime and escalate the report and its ranking of the States has multilateral trades imbal- rapidly. Borrowing at low rates today United States as 23rd out of 139 coun- ances which require more action than sounds great, until you wake up tomor- tries for transportation infrastructure focusing solely on one bilateral rela- row and are forced to refinance at more competitiveness as a call for more tionship. punitive rates. More debt-fueled gov- spending on whatever it is he thinks of According to recent data from the ernment spending beyond our means is as infrastructure. U.S. International Trade Commission, sure to drive us rapidly down the road It appears, however, that he did not the United States has trade deficits to the stagnation and debt crisis we are read the report in its entirety. If he with nearly 100 countries. The United seeing today in Europe. did, he would have noticed that the States saves too little, and that prob- Of course, the President claims his ranking is for only one of nine factors lem will not be solved solely by passing new stimulus and tax hike proposals in the report’s overall infrastructure the bill before us. are all paid for, but the payments are assessment. More importantly, if he Make no mistake, the legislation we largely promises of future austerity. had read the report, he would have no- are considering can provide useful tools Anyone who has paid attention knows ticed the overriding area identified as for addressing concerns about China, if that when the Federal Government the weakest one for the United States the administration actually uses the promises to go on a spending diet later in terms of eroding our global competi- tools. But those tools alone are not suf- it never leads to fiscal weight loss be- tiveness. To quote the report directly: ficient. If we try to address our multi- cause future Congresses are not bound A lack of macroeconomic stability con- lateral problems by putting pressure on by today’s promises. tinues to be the United States’ greatest area China alone, without also attending to It is interesting to hear the Presi- of weakness (ranked 87th). Prior to the cri- our lack of saving and our own role in dent’s persistent calls for more debt- sis, the United States had been building up

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.014 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6026 CONGRESSIONAL RECORD — SENATE October 3, 2011 large macroeconomic imbalances, with re- The overriding objective of the legis- country through the diversity visa lot- peated fiscal deficits leading to burgeoning lation—job creation—is shared by Re- tery program. Each year, hundreds of levels of public indebtedness; this has been publicans and Democrats alike. There- thousands of people apply to be one of exacerbated by significant stimulus spend- the 50,000 individuals allowed to emi- ing. In this context, it is clear that mapping fore, it is my hope that amendments out a clear exit strategy will be an impor- from my side of the aisle, designed to grate to the United States. The pro- tant step in reinforcing the country’s com- promote job growth today and in the gram has had great success. I have petitiveness going into the future. future, will be duly considered, al- been very supportive of it. It has also There you have it. The report the lowed, and duly debated. enriched the American fabric with im- President data-mined to find a number I look forward to consideration of the migrants from countries that are not to use to support more stimulus quite currency bill before us and a robust, bi- traditionally represented in the immi- clearly says that declining U.S. global partisan process, which includes con- grant pool. competitiveness has come from fiscal sideration of amendments from both But, unfortunately, because applying deficits, exacerbated by stimulus sides to promote job creation. for a ‘‘lottery ticket’’ has been tradi- spending. It clearly says the solution is As I have said, our Nation faces a cri- tionally free, the program has recently to exit from our unsustainable fiscal sis of unemployment and joblessness been compromised by third parties fil- path. That means reining in the run- that is filled with pain today and ing applications on behalf of unknow- away debt-fueled spending, not more threatens erosion of human capital and ing foreign nationals, who then turn spending. skills, which will negatively impact around and try to extort money from Before turning to the legislative families and the overall economy for these foreign nationals if the ticket process on the bill before us, let me years and years to follow. Let us not turns out to be a ‘‘winning ticket.’’ post a trail marker for our delibera- have politics and special interests dic- That is wrong and unfair. The State tions. The currency bill we are consid- tate what we consider to promote job Department has told us that by charg- ering includes reliance on exchange creation and economic growth. Amer- ing this $30 fee, we can eliminate this rate models used by the International ican workers and families, many of misconduct. So it is a win-win. We get Monetary Fund. Those models allow them struggling and in pain, cannot some money to pay for these refugees for the macroeconomic effects on cur- wait until the next Presidential elec- who we all agree should be admitted rency valuations of fundamental tion is resolved for the Federal Govern- here. As I said, many helped us in Iraq changes in policies of trade partner ment to act to promote job creation. and Afghanistan and, at the same time, countries. For example, if the United Mr. President, I suggest the absence it does not cost us a nickel and elimi- States engages in fundamental tax re- of a quorum. nates a scam that involves a very wor- form that would lead to improved The PRESIDING OFFICER (Mr. thy program, the diversity visas. growth and reduced deficits and debt, COONS). The clerk will call the roll. Finally, the third great thing about the models considered in the legisla- The bill clerk proceeded to call the this bill is, by setting the fee at $30, tion before us have the ability to cap- roll. the CBO projects we will actually re- ture those effects. Mr. SCHUMER. Mr. President, I ask duce our deficit by $24 million. So it The marker I wish to set here is a re- unanimous consent that the order for will help, in a small way, reduce the minder that we should be similarly so the quorum call be rescinded. deficit. So the bill hits the trifecta: It inclined to use economic models that The PRESIDING OFFICER. Without helps a very small, targeted group of allow for macroeconomic effects of pol- objection, it is so ordered. the most vulnerable and needy disabled icy changes when we choose to make Mr. SCHUMER. Mr. President, I individuals whom we traditionally fundamental changes to tax and spend- know our time expires shortly. Senator have not abandoned, it virtually elimi- ing policies. We should be as willing to HATCH has concluded his remarks, so I nates misconduct in the diversity visa have our budget score keepers use eco- wish to speak on two other subjects program, and it reduces the Federal nomic models that allow for long-run until Senator LEAHY arrives. deficit. Because it is a win-win-win for growth and macroeconomic effects of SSI EXTENSION all sides, I ask that my colleagues in fundamental tax and spending reform Mr. President, I rise in support of a the House take up and pass this bill policies as we seem to be here in this bill to be introduced along with Sen- immediately. legislation to use models that incor- ators LEAHY, GILLIBRAND, MENENDEZ, The benefits for these folks already porate such effects when evaluating FRANKEN, and KLOBUCHAR, called the expired on October 1. If we do not act currency alignments. If it is good to SSI Extension for Elderly and Disabled soon, we will not be able to repair the use economic models that allow for an Refugees Act of 2011. irreparable harm that will be done to accounting of growth effects here, then This bill, which the Senate is consid- those most vulnerable individuals. I it should be good elsewhere. ering passing today by unanimous con- wish to thank my cosponsors and I also need to address the process we sent, is truly unique because it accom- chairmen and ranking members of the will follow in our consideration of the plishes three incredibly important ob- relevant committees governing this currency bill before us. The bill has jectives at the same time. bill: Senators LEAHY, GRASSLEY, BAU- garnered bipartisan support. In the in- First, it ensures that approximately CUS, HATCH, CONRAD, SESSIONS, and terest of promoting a truly bipartisan 5,600 disabled refugees will not lose CORNYN. I would also like to thank effort, which the American people critical life-sustaining benefits that Senator COBURN for working with me would love to see, it is my hope there are their only safety net, protecting to have this bill pass and address his will be balance in amendments that are them from homelessness, illness, and concerns to make the bill better. allowed to be considered. This bill has other effects of extreme poverty. We have done something very good. I sound objectives, but it is not perfect. Some of the disabled refugees this thank all my colleagues who have I believe amendments from both sides bill helps are people who have aided joined in the work on this bill. of the aisle can improve the final prod- American troops overseas in Iraq or Af- NOMINATION OF WILLIAM F. KUNTZ, II uct. And, as I mentioned earlier, I have ghanistan—and risked their lives for Mr. President, William F. Kuntz, II, an amendment that I believe will im- America’s cause. Others are victims of is the nominee to the U.S. District prove this bill significantly and help us torture or human trafficking, whose in- Court for the Eastern District of New devise a long-term approach to dealing juries are so severe that they are now York. I wish to describe to my col- with currency misalignment. I hope unable to sustain themselves without leagues the extraordinary qualifica- there will be an opportunity for it, and these benefits. The bill continues the tions of Dr. Kuntz, the nominee to the others, to be considered. I hope they Bush administration policy of making bench of the Eastern District, whom are not going to lock up the tree again, sure this vulnerable group does not hopefully we will confirm later today. which is the standard practice around lose its benefits. Dr. Kuntz has exactly the skills, tem- here by the majority. This bill is an But, unlike past bills, the second key perament, and experience to be a per- important bill, and we ought to be able fact about this bill is that it is fully fect addition to one of the busiest U.S. to amend it with important amend- paid for. It is paid for by imposing a $30 district courts in the country. Dr. ments. fee on individuals applying to enter the Kuntz, currently a partner in the New

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.034 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6027 York office of Baker Hostetler, is a na- EXECUTIVE SESSION Mr. LEAHY. Mr. President, today’s tive of Harlem. He grew up in what was consideration of six qualified consensus then called the Polo Grounds projects judicial nominations is welcome. It is and went to high school at Fordham NOMINATION OF HENRY F. FLOYD all too rare. I commend Majority Lead- Prep in the South Bronx. TO BE UNITED STATES CIRCUIT er REID for pressing for Senate votes on JUDGE FOR THE FOURTH CIR- all 27 of the judicial nominees fully He earned his undergraduate degree CUIT from Harvard University, followed by a considered by the Senate Judiciary master’s degree in history, a law de- Committee and awaiting final action gree, and a Ph.D. in American legal NOMINATION OF NANNETTE by the Senate. We have a judicial vacancy rate that history, all from Harvard—I hope no JOLIVETTE BROWN TO BE stands at 11 percent. We have 95 vacan- one will hold that against him—and all UNITED STATES DISTRICT cies on Federal courts around the coun- within 11 years of arriving in Cam- JUDGE FOR THE EASTERN DIS- try. We have to build on today’s ef- bridge, from Harlem. TRICT OF LOUISIANA forts, the regular consideration of What an amazing man. What an nominations without needless delay. American dream story. I would venture NOMINATION OF NANCY I was talking the other day with that throughout this country, Dr. TORRESEN OF MAINE TO BE Bruce Cohen, who is the chief of staff Kuntz has few peers, in terms of edu- UNITED STATES DISTRICT of the Senate Judiciary Committee— cation and training. But he did not use JUDGE FOR THE DISTRICT OF chief counsel—and somebody who has his degrees to go on to teach and write, MAINE had a great deal of experience working a valuable career path, to be sure, but with different Senators. We were talk- possibly not one that would have put ing about the fact that there has never his skills as an advocate and his com- NOMINATION OF WILLIAM been anything such as this. We usually, mitment to the people of New York to FRANCIS KUNTZ, II, TO BE whether it is a Republican President, their highest and best use. UNITED STATES DISTRICT Democratic President, Republican-con- Instead, Dr. Kuntz went on to log 33 JUDGE FOR THE EASTERN DIS- trolled Senate, Democratic-controlled Senate, when nominees go through the years of litigation experience in some TRICT OF NEW YORK Senate Judiciary Committee unani- of New York City’s finest law firms. mously, supported by the Senators Most impressive to me, he served for 23 NOMINATION OF MARINA GARCIA from their home State, they usually, years as commissioner on the City Ci- MARMOLEJO TO BE UNITED within a few days during wrap-up, are vilian Complaint Review Board. This STATES DISTRICT JUDGE FOR voice voted through. independent agency oversees the inves- THE SOUTHERN DISTRICT OF Once in a while whoever is leader tigation of citizens’ claims of mis- TEXAS may need a vote on a Monday after- conduct by New York City police offi- noon. So the next Monday afternoon cers. By all accounts, Dr. Kuntz staked one will be voted on. It is always 100 to NOMINATION OF JENNIFER out an admirable middle ground, in- nothing. formed by hard investigative work and GUERIN ZIPPS TO BE UNITED Then we have people go through careful consideration of all the 5,000 STATES DISTRICT JUDGE FOR unanimously, supported by Republican cases that came before the board every THE DISTRICT OF ARIZONA and Democratic Senators, and they year. The PRESIDING OFFICER. Under wait month after month after month. I When my legal committee looked the previous order, the Senate will pro- hope we can get away from that. I into his work there, he was praised by ceed to executive session to consider hope, for the integrity of our judicial both the police side and those who the following nominations, which the system, we can get away from that. brought cases before the board. In that clerk will report. But also just think of the personal ac- kind of tempestuous situation, that is The bill clerk read the nominations count that it means to the people who rare indeed. Dr. Kuntz’s commitment of Henry F. Floyd, of South Carolina, have been nominated. If a person is a to public service is long and impres- to be United States Circuit Judge for lawyer, a distinguished lawyer, they sive. He served in leadership positions the Fourth Circuit; Nannette Jolivette are nominated for the Federal bench, on the Lawyers’ Committee for Civil Brown, of Louisiana, to be United everybody is going to congratulate Rights Under Law, the Legal Aid Soci- States District Judge for the Eastern them, saying that is wonderful. Then ety, the New York Bar, and PLI, among District of Louisiana; Nancy Torresen, the rest of their law firm is kind of others. of Maine, to be United States District looking at them, saying: Are you going Judge for the District of Maine; Wil- to leave now? When are you going to I will note that Dr. Kuntz will be fill- liam Francis Kuntz, II, of New York, to leave? Because their life is put on hold. ing a judicial emergency vacancy in be United States District Judge for the They are probably going to take a sig- the Eastern District of New York, a Eastern District of New York; Marina nificant cut in salary anyway. But court that adjudicates a large share of Garcia Marmolejo, of Texas, to be they cannot take on new clients. critical cases, such as terrorism and United States District Judge for the I hope this is probably an indication terrorism financing, organized crime Southern District of Texas; and Jen- we will finally get moving. and mortgage fraud. nifer Guerin Zipps, of Arizona, to be The Senate will need to vote on four Dr. Kuntz is sorely needed and more United States District Judge for the to six nominations judicial nominees a than up for the task. I look forward to District of Arizona. week, not just this week or next week, Dr. Kuntz’s service on the bench. I con- The PRESIDING OFFICER. Under but throughout the fall if we are to gratulate him and his family. the previous order, there will be 1 hour make a real difference and make real for debate with respect to the nomina- progress. With a judicial vacancy rate I yield the floor and I suggest the ab- tions, with the time equally divided in that stands at 11 percent and with 95 sence of a quorum. the usual form. vacancies on Federal courts around the The PRESIDING OFFICER. The The Senator from Vermont. country, we need to build on today’s ef- clerk will call the roll. Mr. LEAHY. Mr. President, that fort with the regular consideration of The bill clerk proceeded to call the would bring us to 20 minutes of 6. I nominations without needless delays. roll. think there was probably an attempt Among the nominees selected for to vote at 5:30. I ask unanimous con- Senate action today from the 27 await- Mr. LEAHY. I ask unanimous con- sent that the time be still divided in ing final consideration is the nomina- sent that the order for the quorum call the regular way but the votes begin at tion of Magistrate Judge Jennifer be rescinded. 5:30. Guerin Zipps of Arizona. She will fill a The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without vacancy in Tucson created by the trag- objection, it is so ordered. objection, it is so ordered. ic murder of Chief Judge Roll earlier

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.035 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6028 CONGRESSIONAL RECORD — SENATE October 3, 2011 this year. This confirmation sets the sidered after a wait of nearly 5 months. ceived the unanimous support of all benchmark for how judicial nomina- This is only the fifth circuit court Democrats and all Republicans serving tions should be being treated. It has nomination the Senate has been al- on the Judiciary Committee. Each is been little more than 70 days since her lowed to consider this entire Congress. being delayed from filling a judicial nomination was sent to the Senate, This stands in sharp contrast to the 17 emergency vacancy and serving the and Judge Zipps has participated in a circuit court nominations in 17 months people of their State and their circuit. hearing, was considered by the com- that we confirmed when I chaired the Republicans who will not consent to mittee and is now being confirmed by Judiciary Committee in 2001 and 2002 votes on these nominations should ex- the Senate. If, on the other hand, Sen- and President Bush was in the White plain to the people of the many States ate Republicans had adhered to the House. that comprise the Second Circuit— timeframe that they have utilized dur- The nomination of Judge Floyd is an- Vermont’s circuit—and the Fifth and ing the last 2 years for delaying consid- other example of how President Obama Ninth Circuits why those important eration of consensus nominees, Judge is working with home State Republican Federal appeals courts are short on Zipps would not be considered or con- Senators to select a qualified, con- badly needed judges who could be con- firmed until next year. I know this sensus nominee. Judge Floyd received firmed today. nomination is important to Senator the highest possible rating from the The Senate’s Republican leadership KYL and I am glad to be able to support American Bar Association’s Standing continues to delay votes on qualified, it and work with him to have it consid- Committee on the Federal Judiciary consensus district court nominations, ered by the Senate. I hope that the Ari- and has the support, as do all the nomi- as well, leading to the backlog we have zona Senators will now give consent for nees awaiting final Senate action, of today of over two dozen judicial nomi- the committee to move forward with both of his home State Senators, in nations pending on the Senate’s Execu- the nomination of Rosemary Marquez this case two Republican Senators. A tive Calendar—nearly half of them to to fill another emergency vacancy in Federal District Court Judge for the fill judicial emergency vacancies. They Arizona so that we can do more to help District of South Carolina since 2003, continue to refuse to consent to votes meet the critical needs on the Federal Judge Floyd previously served as a on 17 of the 27 nominations and have court in their State. State court judge for 11 years, and be- unnecessarily delayed votes on all of The judicial emergency vacancy fore that he spent 19 years in private them for months. Judge Zipps will fill is important, just practice. It is no surprise that his nom- Millions and millions of Americans are directly affected by this obstruc- as the action to fill the judicial emer- ination was reported unanimously by tion. More than half of all Americans— gencies in New York, Texas and on the the Judiciary Committee. What is dis- nearly 170 million—live in districts or Fourth Circuit that we will fill today is appointing is that it has taken almost circuits that have a vacancy that much needed. There are other nomi- 5 months for Republicans to consent to would be filled today if the Senate nees ready for final Senate action to Senate consideration of this nomina- would act. More than half of all fill judicial emergency vacancies on tion. The people of South Carolina and States—26—are served by courts that the Second, Fifth and Ninth Circuits the other states of the Fourth Circuit— have nominations currently pending on Virginia, Maryland, West Virginia, and and in New York, Pennsylvania, Flor- the Senate’s Executive Calendar. The North Carolina—should have had a cir- ida and Texas. Given the extensive Republican leadership should explain cuit court judge and not a judicial delays in filling vacancies, and the his- to the millions of Americans in these emergency vacancy for the last several torically high level of vacancies that States why they will not vote. They months. inaction on confirming President should explain to the people of New Obama’s nominees has perpetuated, it They are not alone. There are quali- fied, consensus nominees who were re- York, Texas, Pennsylvania, Florida, is no surprise that so many pending Wyoming, Alaska, California, and ported unanimously by the Judiciary nominees will fill judicial emergency Delaware why they will not consent to Committee now on the Senate calendar vacancies. Of the 17 judicial nomina- votes today on qualified, consensus to fill judicial emergency vacancies on tions Republicans have not consented nominees to fill vacancies on the Fed- the Second, Fifth and Ninth Circuits. to consider, that are stuck before the eral trial courts in their States. Senate, seven of them would fill judi- Those judicial emergency vacancies af- These 170 million Americans should cial emergency vacancies, as well. fect the people of Vermont, Con- not have to wait additional weeks and I have repeatedly thanked Senator necticut and New York; Mississippi, months for the Senate to fulfill its con- GRASSLEY for his cooperation in mak- Louisiana and Texas; and Washington, stitutional duty and ensure the ability ing sure that the Senate Judiciary Oregon, Montana, Wyoming, Idaho, Ne- of our Federal courts to provide justice Committee regularly considers nomi- vada, Arizona and California. These are to Americans around the country. nations. Regrettably, our work has not not controversial nominees. The Sen- They should not have to bear the brunt been matched on the Senate floor, ate should be able to take up and con- of having too few judges available to do where the refusal by the Republican firm nominees like Stephen Higginson the work of the Federal courts. At a leadership to promptly consider con- of Louisiana, nominated to a judicial time when judicial vacancies have re- sensus nominations has contributed to emergency vacancy on the Fifth Cir- mained at historically high levels for the longest period of historically high cuit with the support of his home State over 2 years, these needless delays per- vacancy rates in the last 35 years. The Senators, one a Democrat, and the petuate the judicial vacancies crisis six nominees we consider today are other a Republican. His nomination that Chief Justice Roberts wrote of double the number allowed to be con- was reported unanimously nearly 3 last December and that the President, sidered since the August recess. Such months ago. The Senate should be able the Attorney General, bar associations unnecessary and unexplained delays to take up and confirm the nomination and chief judges around the country are wrong, and are harmful to the Fed- of Christopher Droney of Connecticut, have urged us to join together to end. eral judiciary and to the American peo- nominated to a judicial emergency va- The Senate can and should be doing a ple who depend on it. cancy on the Second Circuit, who has better job working to ensure the abil- Only one of the nominations which the support of both of his home State ity of our Federal courts to provide the Republican leadership has agreed Senators, Senator BLUMENTHAL, a justice to Americans across the coun- to consider will fill a vacancy on our Democrat, and Senator LIEBERMAN, an try. courts of appeals. This is in spite of the Independent. The Senate should be able We could easily act today to improve fact that four circuit court nominees, to take up and confirm the nomination this situation dramatically and allevi- all for judicial emergency vacancies of Morgan Christen of Alaska, nomi- ate the crisis. Of the 17 nominations and all unanimously voted out of the nated to a judicial emergency vacancy the Republicans continue to obstruct, Judiciary Committee, are awaiting on the Ninth Circuit, who has the sup- 15 were reported by the committee final Senate action. The nomination of port of both of her home State Sen- unanimously. All of these consensus Judge Henry Floyd of South Carolina ators, Senator MURKOWSKI, a Repub- nominees have been favorably reported to fill a judicial emergency vacancy lican, and Senator BEGICH, a Democrat. after a fair but thorough process, in- the Fourth Circuit is finally being con- Each of these circuit nominees re- cluding extensive background material

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.006 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6029 on each nominee and the opportunity have confirmed only 44 judicial nomi- mate at Tulane Law School to the Fed- for all Senators on the committee, nations, less even than last year. The eral bench. She possesses a wonderful, Democratic and Republican, to meet first year of the Obama administration, warm, calm personality that is per- with and question the nominees. They Republicans would only allow 12 judi- fectly suited to the right demeanor a have a strong commitment to the rule cial nominees to be confirmed. That judge should have. of law and a demonstrated faithfulness was the lowest total in more than 50 Nannette is currently serving as the to the Constitution. These are the years. After last year, the total num- city attorney for New Orleans, a chal- kinds of consensus nominees that in ber of judicial nominees allowed to be lenging position that is tasked with past years would have been considered confirmed was the lowest total for the providing legal advice to all city offi- and confirmed within days or weeks of first 2 years of an administration in 35 cials and departments in addition to being reported, not delayed for weeks years. Last year, the Senate adjourned representing New Orleans in all legal and months. and left 19 judicial nominees without matters. She has handled this responsi- During the first years of the Bush final action. Most had to be renomi- bility well and her experience as a pub- and Clinton administrations, we were nated again this year. The last of those lic servant will be an asset to her new able to reduce vacancies significantly nominees was not confirmed until June position as a Federal judge. by confirming judges. The vacancies 21 of this year. Last year’s stalling Throughout her career in private that had numbered over 100 early in took us an extra 6 months to remedy. practice, Ms. Brown established herself those administrations were dramati- Accordingly, the Senate’s confirmation as an expert in environmental law. Ad- cally reduced by this juncture. By of judicial nominees who had their ditionally, she has taught law at Loy- early October in the third year of the hearings and were considered by the ola University New Orleans, the South- Bush administration judicial vacancies committee this year will total only 27 ern University Law Center, and as a had been reduced to 46. By early Octo- after the confirmations today. teaching fellow at Tulane Law School. ber in the third year of the Clinton ad- Some seek to justify their continuing Nannette Brown will bring a wealth ministration they had been reduced to failure to take serious action to ad- of both public and private sector expe- 57. In contrast, the judicial vacancies dress the vacancies crisis by recalling rience to the Federal bench, as she has now in October of the third year of the selected instances where Democrats op- practiced, taught, and administered Obama administration stand at 95, posed some of President Bush’s most the law throughout her career. She is with a vacancy rate of 11 percent. That controversial nominees. That is no jus- exceptionally qualified to serve as a is a vacancy rate that is more than tification for the across-the-board Federal judge. double where it stood at this point in stalling on consensus judicial nomi- I believe that the Constitution is President Bush’s third year. nees. And this ignores the fact that we clear that judges must interpret the Rather than coming down as they were able to make real progess in those law and not legislate from the bench. have in the past with Republican and years to confirm judicial nominees and Accordingly, we have a responsibility Democratic presidents, Federal judicial fill vacancies. We confirmed 100 judges to confirm judges who respect the rule vacancies have remained near or above in the 17 months I chaired the Judici- of law and will practice judicial re- 90 for more than 2 years. As the Con- ary Committee in 2001 and 2002. The straint. I am confident that Nannette gressional Research Service confirmed Senate will not confirm the 100th of Brown will be just such a judge. I urge in a recent report, this is a historically President Obama’s circuit and district my fellow Senators to unanimously high level of vacancies, and this is now court judges until today, during the support her confirmation today. the longest period of historically high 33rd month of the Obama administra- Ms. COLLINS. Mr. President, I am vacancy rates on the Federal judiciary tion, nearly twice as long. honored to support the nomination of in the last 35 years. At the end of President Bush’s first 4 Nancy Torresen to be a U.S. District I hope that we can come together to years in office, the Senate had con- Judge for Maine. She is eminently well return to regular order in the consider- firmed 205 of his judicial nominees. We qualified to be confirmed. She has led ation of nominations as we have on the have a long way to go to reach that an exemplary career of public service, Judiciary Committee. The refusal by total before the end of next year. At culminating in her current position as Republican leadership to come to reg- this point in the presidency of George an assistant U.S. attorney. ular time agreements for the Senate to W. Bush, 162 Federal circuit and dis- Ms. Torresen graduated from Hope vote on nominations continues to put trict court judges had been confirmed. College cum laude in 1981 and received our progress—our positive action—at On October 3 of the third year of Presi- her law degree cum laude in 1987 from risk. It does no good for the Judiciary dent Clinton’s administration, 163 Fed- the University of Michigan Law School Committee to vote on judicial nomi- eral circuit and district court judges where she was executive editor of the nees if the Senate does not act to con- had been confirmed. By comparison, Law Review. After graduation, she firm them. The hard work of the Judi- after today we will have confirmed came to Maine to serve as a law clerk ciary Committee is being squandered. only 104 of President Obama’s circuit to the extraordinarily well-respected When the Senate is prevented from act- and district court nominees. To match Maine Judge Conrad Cyr. From 1988 to ing, as it has been with respect to 17 of the total at end of President Bush’s 1990, she worked at the law firm Wil- the 27 judicial nominations left pend- first term the Senate will need to con- liams and Connolly here in Wash- ing before it, the vacancies persist and firm more than 100 Federal circuit and ington. the American people are not being district court judges during the next In 1990, she had the good judgment to served. year. That means doubling to tripling return to Maine when she became an Last month, a Republican Senator the pace at which the Senate has been assistant U.S. attorney for the District was in error when he told the Senate acting. of Maine and initially handled civil and the American people that the Sen- We can and must do better to address matters involving Federal agencies. ate had already confirmed 67 article III the serious judicial vacancies crisis on In 1994, she was assigned to the appel- judges this year. Had we, the Federal Federal courts around the country that late section of the criminal division of judicial vacancies would not remain at has persisted for over 2 years. We can the Maine attorney general’s office crisis levels. I wish he had been cor- and must do better for the nearly 170 where she was responsible for rep- rect, but sadly he was not. At the time, million Americans being made to suffer resenting the State in appeals of seri- only 38 nominees had been confirmed. by these unnecessary delays. ous violent crime convictions. Even if Senate Republicans were to Mr. VITTER. Mr. President, I am In 2001, Ms. Torresen returned to the abandon their obstructionist tactics happy to support Nannette Jolivette- U.S. attorney’s office where she has and allow votes on all 27 of the judicial Brown’s nomination to the Eastern been responsible for investigating and nominations currently awaiting final District of Louisiana. She is an experi- prosecuting Federal crimes in the Senate action, we would still fall short enced, real world practitioner with northern half of Maine. of his proclamation. strong ties to the Louisiana legal com- I am impressed by her dedication and In fact, even after an additional six munity. I was very pleased when the passion for the law. I also appreciate confirmations today, the Senate will president nominated my former class- her 21-year long commitment to public

VerDate Mar 15 2010 01:36 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.007 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6030 CONGRESSIONAL RECORD — SENATE October 3, 2011 service. She has remarked that she is public servant, and a great Arizonan. out this mission. As a result, the proudest of her criminal prosecution Judge Zipps has big shoes to fill, but I Fourth Circuit correctly held that the efforts because of the urgent need to am confident she is up to the chal- President could properly designate and protect the public from violent crimi- lenge, and that she will serve with detain Mr. Padilla as an enemy com- nals and her desire not to let down the honor and distinction. batant. Judge Floyd erred in adopting victims. I would like to say a few words about a rule that would, in essence, allow One of her more significant cases was the background of Judge Zipps. Her enemy combatants to escape military the recent prosecution of a multistate qualifications are quite strong. Judge jurisdiction if they simply succeed in bank robber dubbed the ‘‘Burly Ban- Zipps graduated from the University of entering—or re-entering—the United dit.’’ From April through July, Robert Arizona and from Georgetown Univer- States—and in Mr. Padilla’s case, for Ferguson robbed more than 10 banks sity Law Center. After law school, she the purpose of conducting additional and credit unions throughout New Eng- clerked on the Ninth Circuit for Judge and lethal operations against the land. The spree ended with a robbery of Canby and then worked for 4 years at United States and its citizens. Bangor Savings Bank in July, and on the law firm of Molloy, Jones & Judge Floyd has had an accomplished October 1 of last year Mr. Ferguson Donahue. She spent the next decade as legal career, and has served with dis- pleaded guilty in U.S. district court in an Assistant U.S. Attorney in the U.S. tinction as a state and federal judge for Bangor to 11 counts of bank robbery. Attorney’s Office for the District of Ar- nearly two decades. Because of this Maine’s U.S. attorney recognized Ms. izona. She rose to be chief of the Civil lengthy and distinguished judicial Torresen for her outstanding work in Division and for the last three years record, I supported his nomination to coordinating the prosecution in the six was the Chief Assistant in the office. the Fourth Circuit, despite my serious States. She earned numerous awards, including disagreement with his ruling in the Except for a brief stint in private one for leadership and one for her per- Padilla case. practice, Ms. Torresen’s entire career formance as the civil chief. It is easy to VERMONT DEVASTATION has been that of a dedicated public see why Judge Zipps was awarded the Mr. LEAHY. Mr. President, I wish to servant. She is well respected in the ABA’s highest rating: Unanimous talk about the devastating flooding in legal community and was rated ‘‘Well Qualified.’’ Vermont but also our recovery. Last ‘‘unanimously well-qualified’’ by the Judge Zipps has served as a mag- week, my wife Marcelle and I probably American Bar Association. istrate on the Federal district court in drove 400 miles around the State of Let me share one of my many con- Arizona since 2005. She has a distin- Vermont—inside the State. We are a versations with her colleagues in the guished record that has earned the re- small State. The distinguished Pre- Maine legal community. Tim spect of the legal community in Ari- siding Officer knows how in small Woodcock is a well-known attorney in zona. With her judicial experience, States one can go from one end to the Bangor, whose comments are very typ- Judge Zipps will be able to hit the other fairly quickly. But we criss- ical of what I heard when I called and ground running and help tackle one of crossed the State over a period of a lit- asked people what they thought of Ms. the heaviest caseloads in the Federal tle over 1 week, a lot of the time just Torresen. Tim said that he regards her judiciary. the two of us in the car. We would as ‘‘highly professional, extremely ca- Perhaps most telling is the high re- drive around and say thank you to vol- pable, tough, but fair and is a strong gard in which Judge Zipps is held by unteers. advocate for the adherence by law en- her colleagues on the district court. Some of the things we saw were so forcement to all legal requirements.’’ They come from different backgrounds touching. People who had lost every- These are all qualities that we should and were appointed by Presidents of thing were helping others and vice look for in our judicial nominees. Ms. both parties, but they all speak highly versa. The spirit is wonderful. The re- Torresen’s work as a prosecutor in both of her. ality is, our little State, the State the Federal and State judicial systems, Mr. MCCONNELL. Mr. President, I where both my wife and I were born, her integrity, her temperament, and will vote to confirm Judge Henry Floyd has been hurt in a way we have not her respect for precedent make her to the United States Court of Appeals seen in our lifetime. well qualified to serve as Maine’s next for the Fourth Circuit despite my I have talked about these inspiring Federal judge. strong disagreement with his ruling in actions of Vermonters. One of the Maine has a long, proud history of an important case that involved our things we saw is some of the worst superb federal judges, and I believe national security. As a Federal district damage caused by the storm has been that Ms. Torresen will continue that court judge in 2005, Judge Floyd ruled to the houses and mobile homes and tradition if confirmed. that the President of the United States apartments, where Vermonters had I urge my colleagues to support her did not have the authority to detain as built their lives. They had made their nomination. an enemy combatant Jose Padilla, the homes, had become part of the commu- Mr. KYL. Mr. President, I strongly so-called Dirty Bomber, because Mr. nity. Their kids go to school. They are support the nomination of Magistrate Padilla was an American citizen who the fabric of the community. Judge Jennifer Guerin Zipps to the was apprehended in the United States. We have seen entire mobile home de- Federal district court. The U.S. Court of Appeals for the velopments washed away. Where homes At the outset, I would like to point Fourth Circuit reversed Judge Floyd in once stood, now lies a path of damage out that Judge Zipps has been nomi- that case. The Fourth Circuit noted, and destruction and heartbreak. Look nated to fill the seat once occupied by correctly in my view, that under the at the horrific flooding we have right Chief Judge John Roll, who was, of plain language of the Authorization for here—suddenly no roads where there course, murdered earlier this year dur- Use of Military Force and the plurality were roads. Look at the forefront of ing the same attack that left Congress- opinion of the Supreme Court in Hamdi this picture—a house collapsed in on woman GABRIELLE GIFFORDS gravely versus Rumsfeld, the place of Mr. itself, children’s toys on what might wounded. On every level, this was a Padilla’s eventual capture was imma- have been a playground at one time tragic loss for Arizona and the judici- terial to the authority of the Com- that is now devastated. I had people ary. John Roll was known for his fair- mander-in-Chief to detain him as an tell me: We lost everything. Then, in ness to those who appeared before him, enemy combatant. Mr. Padilla had as- tears: We lost our wedding album. We plaintiffs and defendants alike. As sociated himself with al-Qaida in Af- lost the pictures of our children when chief judge, he was a tireless advocate ghanistan during hostilities against they graduated from high school. We for all Arizonans, working to ensure U.S. forces. Mr. Padilla then fled to lost pictures of their baptism or their that the federal courts in our state Pakistan, whereupon he met with bar mitzvah. were able to handle growing caseloads Khalid Sheik Mohammed, who directed I mean, it tears one apart because while simultaneously seeking swift and him to travel to the United States to they have lost not only their homes, fair justice for all. blow up apartment buildings. Mr. they have lost part of their memories. The day we lost Chief Judge Roll, we Padilla was in the United States at the I commend my staff both in Wash- lost an outstanding jurist, a dedicated time of his capture in order to carry ington and in Vermont, because they

VerDate Mar 15 2010 01:36 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.001 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6031 have worked sometimes literally Just 1 week after the flooding, FEMA cans here at home in America. It is around the clock—weekends, evenings, estimated that more than 900 homes in Alice in Wonderland. An old Vermonter days—to help. They have seen first- Vermont had suffered damage. Today, said to me: You know, PAT, we give hand the ruin and pain delivered by that number continues to grow, and them money in Iraq and Afghanistan to this disaster. They have seen it with families who found safety and comfort build homes and bridges and roads, and their eyes and in the tearful eyes of the in their homes before Irene now find then they blow them up. If we build families around the State. Over the themselves living in temporary homes, them here in America, we will take sounds of generators powering sump in shelters and hotels, while winter is care of them and we will use them. I pumps and heavy equipment removing quickly, quietly approaching. could give a 10-hour speech on the floor debris, we have had countless conversa- Our small State’s ability to build on those two sentences, summing up tions with people as they stared at new homes depends greatly on support what I have heard from everybody. I foundations—empty foundations—that from Federal safety net programs, such don’t care what their political back- once held their homes; as they dug as the emergency community develop- ground is. toxic muck out of their basements and ment block grant funding that I was Now is not the time to ask Ameri- shops; and as volunteers helped with proud to support included in the Trans- cans to choose between helping victims pulling down wet drywall, in a race portation-HUD appropriations bill. of a disaster and funding for cancer re- against the onset of mold. While this emergency funding is a first search, equipment for first responders, Most of these conversations begin step in addressing the urgent housing or job-creating programs. We need to with memories of fast-rising water and needs of States such as Vermont that come together as a country, as we al- death-defying rescues. In Northfield—a have been struck by natural disasters, ways have in the past, to pass an emer- town a few miles from where I live— we know that much more will be need- gency disaster relief bill for our States dozens of homes along the peaceful Dog ed to help our decimated towns and in their time of need. River were flooded with as much as 6 communities and their citizens get The Senate has answered the call by feet of water. One homeowner who es- back on their feet. passing critical disaster relief legisla- caped the rising waters by canoe fears Housing authorities need section 8 tion. It is time for the House to do the the insurance and FEMA assistance choice vouchers to provide relief to same and let the victims of Hurricane will not be enough to help him restore low-income renters permanently dis- Irene start rebuilding their homes. As his home, which is part of his life. Like placed, and they need the flexibility to they rebuild their homes, they will re- many of the residents of his Water make use of the few available units of build their lives. They will rebuild Street neighborhood, he is left won- government-subsidized housing with- their lives and they will rebuild our dering whether rebuilding is possible or out the burden of stringent income-eli- communities. When they rebuild our even worth the effort. gibility requirements. To some, this communities, they rebuild our State. In Brattleboro, which is down in the sounds like numbers, but it is very im- We are part of the United States of southeast corner of our State along the portant to the people who depend upon America. Connecticut River, and which is a them. Mr. President, I yield the floor, and I boundary between Vermont and New I am proud that in the Senate, on the suggest the absence of a quorum, with Hampshire, the Brattleboro Housing Appropriations Committee over the the time equally divided on both sides. Authority lost 60 units of housing. past several weeks, we have been work- The PRESIDING OFFICER. Without They put families in hotels, on their ing so hard and we have been able to objection, it is so ordered. friends’ couches, and spread through- make prompt, significant, and bipar- The clerk will call the roll. out the region, as the housing author- tisan strides toward addressing the The bill clerk proceeded to call the ity tries desperately to fix what is lost. emerging disaster recovery needs in roll. I saw a lot of that damage. I went there States such as Vermont, New Jersey, Mr. GRASSLEY. Mr. President, I ask with the Governor and with the head of and North Carolina. Actually, 48 States unanimous consent that the order for our Vermont National Guard. I saw it. face emergency disaster needs this the quorum call be rescinded. In Roxsbury—a beautiful town—one year. The PRESIDING OFFICER. Without family along a peaceful brook that is I remember the stories my parents objection, it is so ordered. normally about 1 foot wide was forced and grandparents told me of flooding Mr. GRASSLEY. Mr. President, to their roof as floodwaters rose, and long before I was born in Vermont. I today, the Senate will confirm six the brook became a raging rapid more am 71 years old, but I have not seen more of President Obama’s judicial than 20 feet across and 6 feet deep. damage and destruction of this mag- nominees. Four of these vacancies have In Duxbury—the next town over from nitude in Vermont in my lifetime. been deemed to be judicial emer- mine—in Quechee, in Berlin, and in Other States were also hit by Irene and gencies. With these votes, we will have nearly a dozen other towns, mobile are stretched to the limit. Just as vic- confirmed over 44 percent of the judi- home parks quickly became sub- tims of past disasters throughout the cial nominees submitted by President merged. These homes are especially country were able to rely on fellow Obama during this Congress, and 66 vulnerable to flood damage and are Americans in their times of need—in- percent of all his judicial nominees. easily destroyed by a few feet of water. cluding Vermont—so should As I have stated, the confirmation of These are areas where they have never Vermonters be able to count on a help- executive and judicial appointments is seen a few feet of water, and suddenly ing hand when they need it most. It is one of the highest responsibilities of it was there. regrettable and disappointing—actu- the Senate. It is a duty I take seri- Last week, in Woodstock, I visited a ally incomprehensible—that some in ously. It is not, as some have sug- mobile home park where, on the night Congress continue to insist that assist- gested—a pro forma process. We are of the flood, the entire community ance can only come at the cost of other not here to merely rubberstamp the crowded onto a small mound in the Federal programs that are relied upon President’s nominees. Sometimes that middle of the park awaiting rescue, by the American people. Do we take it process takes a little time. It is the watching as their homes were being de- out of education or medical research or Senate’s right and duty to review thor- stroyed. Marcelle and I stood on that job creation? Do we rob Peter to pay oughly the record, qualifications, and mound. It was a beautiful fall day. We Paul? Some of these same voices have temperament of nominees. Above all, looked down and you could see every- had no problem with spending hundreds the process is to be treated with re- thing that had been torn up. You could of billions of borrowed dollars on wars spect and with dignity. This is impor- see the gouges and all the damage. I waged overseas and on rebuilding com- tant for the nominees, for the Senate, wondered, how could somebody stay in munities in Iraq and Afghanistan. They and for public confidence in our con- there? Honestly, as the houses were de- will borrow the money to rebuild roads stitutional process. stroyed and they watched that water and villages and homes in Iraq and Af- So I was disturbed to read recent come up, they probably thought if it ghanistan, but they are going to apply news reports regarding what was de- comes up any farther, we are going to a different standard to recovery efforts scribed as an induction ceremony in die. that are desperately needed for Ameri- the Northern District of California for

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.038 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6032 CONGRESSIONAL RECORD — SENATE October 3, 2011 Judge Edward Chen. I believe, at this I have been working throughout this nominate Judge Jennifer Guerin Zipps event, Judge Chen showed disrespect to Congress to confirm consensus nomi- to the seat, even though she was a sit- the Senate and to the confirmation nees. I continue to remind my col- ting magistrate judge. Since the Presi- process. I regret that I would have to leagues of the progress we have made. dent took his time in submitting a spend any time on this, and take away With a hearing in the Judiciary Com- nomination, I felt it appropriate to from the confirmation of the pending mittee scheduled for tomorrow, 85 per- work with the chairman to move this nominees. But there are important cent of President Obama’s judicial nomination through in an expeditious points that need to be addressed to pro- nominees will have received a hearing. manner. Nominated in late June of this tect our process and our members. At this point in President Bush’s presi- year, Judge Zipps received her hearing The Senate confirmed Judge Chen dency, only 77 percent had been af- a mere 34 days later. Judge Zipps was last May by a 52–46 vote. Needless to forded a hearing. reported to the floor shortly after we say, he was not a consensus nominee. Not only have we processed a higher returned from the August recess and I Among the concerns about this nomi- percentage of nominees, but we have am happy we have continued this fast nation was Judge Chen’s judicial phi- done it in shorter times. President pace and are confirming her to a life- losophy, his willingness to adopt the Obama’s circuit court nominees have time position today. ‘‘empathy standard,’’ and concern that only had to wait, on average, 66 days In addition to Judge Floyd and Judge he would not set aside his personal for a hearing. President Bush’s circuit Zipps, we will confirm Nannette views—largely shaped by his long asso- court nominees were forced to wait 247 Jolivette Brown to be United States ciation with the ACLU. Remarks re- days. In fact, we will be hearing from a District Judge for the Eastern District portedly made at this recent event in- Fourth Circuit nominee tomorrow of Louisiana; Nancy Torresen to be dicate our concerns were valid. after only 26 days in committee. None United States District Judge for the I have not seen a transcript of the of President Bush’s circuit court nomi- District of Maine; William Francis event, but an article entitled ‘‘Chen nees were afforded a hearing that Kuntz to be United States District Toasted, Republicans Roasted’’ makes quickly. President Bush’s Fourth Cir- this look more like a political rally Judge for the Eastern District of New cuit nominees were particularly treat- rather than a judicial event. Chief York; and Marina Garcia Marmolejo to ed in a harsh manner. My friends on Judge Ware, in commenting on Judge be United States District Judge for the Chen’s confirmation quipped, ‘‘It made the other side of the aisle allowed four Southern District of Texas. I am pleased to support each of these me wonder if Judge Chen should be qualified and consensus nominees to running for political office.’’ That is languish at a time when the Fourth nominees. I thank them for their pub- what many of us thought was more ap- Circuit was one-quarter vacant. lic service and congratulate them on President Obama’s district court propriate for Judge Chen, rather than their prior accomplishments and con- nominees have also received better appointment as a Federal judge. firmation today. The news article describes remarks treatment. On average, they have only I would like to say a few words about made by Judge Chen, which I can only waited 79 days for a hearing. President each of the nominees. describe as mocking one of our mem- Bush’s district court nominees waited Henry F. Floyd, is nominated to be a circuit judge for the Fourth Circuit. bers, Senator SESSIONS. This is dis- 247 days. These nominees are also being tasteful, if not ironic. It was only after reported out of committee at a quicker This seat has been deemed to be a judi- cial emergency. Mr. Floyd is currently a personal appeal by SENATOR FEIN- pace as well. On average, President STEIN to Senator SESSIONS that the Obama’s circuit and district court a U.S. district court judge for the Dis- vote on Judge Chen went forward. Sen- nominees have been reported more trict of South Carolina. He was nomi- ator SESSIONS agreed to that vote and than 66 days faster than President nated to the bench by President George pressed other Members to let the vote Bush’s. W. Bush in 2003, and has sat by designa- proceed. If the press accounts are accu- All in all, we have taken positive ac- tion on the U.S. Court of Appeals for rate, I believe Judge Chen owes an tion on 85 percent of President Obama’s the Fourth Circuit several times. apology to Senator SESSIONS. judicial nominees this Congress. Even Prior to joining the bench, Judge Judge Chen went on to again em- though I am proud of this progress, I Floyd was elected by the South Caro- brace his ACLU background, stating, must note, I will continue to focus on lina General Assembly to serve as a ‘‘Having the ACLU in your DNA is not quality confirmed over quantity con- circuit court judge for the Thirteenth a disease, it’s an honor.’’ As I have said firmed. Judicial Circuit in 1992. before, Judge Chen’s advocacy on be- Shortly, we will be voting on Henry He began his legal career in private half of the ACLU is not disqualifying, Floyd, who is nominated to the appeals practice, first as a solo practitioner by itself. But I have to wonder about court for the Fourth Circuit. This is and eventually forming the law firm of the impartiality of Judge Chen. More President Obama’s fifth nominee to be Floyd & Welmaker, which then merged importantly, what are potential liti- confirmed to the Fourth Circuit alone. with Acker & Acker. He focused on gants appearing before Judge Chen to President Bush’s nominee to the civil, criminal and domestic litigation think. If the ACLU is an opposing liti- Fourth Circuit from South Carolina, as well as trust and commercial law. gant, is there any way to think Judge Steve Matthews, did not receive the He also served as an attorney for Pick- Chen can be fair and impartial. I would same treatment. In fact, he went 484 ens County while maintaining his full- think mandatory recusal would be re- days without so much as a hearing, let time law partnership. Judge Floyd is a quired in any ACLU case coming before alone an up-or-down vote. Not only graduate from Wofford College and re- him. that, he was blocked from being consid- ceived a Juris Doctorate from the Uni- Federal Judges must abide by the ered. I would note the seat to which he versity of South Carolina. It was dur- code of conduct for United States was nominated was subsequently filled ing his second year of law school when Judges. I will withhold judgment on by a nominee from North Carolina, Judge Floyd was elected to the South whether or not Judge Chen violated rather than South Carolina where the Carolina House of Representative, serv- those canons, but in my opinion he vacancy arose. ing three terms until 1978. clearly went too far—particularly with Another vacancy we will be voting on The ABA Standing Committee on the regard to the requirement to uphold tonight is the District of Arizona seat Federal Judiciary has rated Judge the integrity of the judiciary, to avoid held by the late Judge Roll before his Floyd with a unanimous ‘‘Well Quali- impropriety and the appearance of im- tragic and untimely death on January fied’’ rating. propriety in all activities, and to re- 8, 2011. The entire judicial community Nannette Jolivette Brown is nomi- frain from political activity. I hope felt this great loss. After Judge Roll’s nated to the Eastern District of Lou- Judge Chen realizes the important re- murder, I repeatedly implored the ad- isiana. Ms. Brown currently serves as sponsibility he has and acts accord- ministration to focus on filling this city attorney for the city of New Orle- ingly in the future. I also hope this is seat as quickly as possible. It was ans, where she represents the city as a lesson to other nominees—that they deemed to be a judicial emergency in- its chief legal officer. Prior to that, Ms. treat this process with respect, even stantly. However, it took over 5 Brown was in private practice, working after confirmation and appointment. months for the administration to on real estate, environmental, personal

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.017 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6033 injury, insurance, commercial and The ABA Standing Committee on the nomination of Judge Henry Floyd for business law. She taught a number of Federal Judiciary has unanimously the Fourth Circuit Court of Appeals, courses at Southern University Law rated Mr. Kuntz as ‘‘Well Qualified.’’ and the motion to proceed on China’s Center, and was a clinical professor at Marina Garcia Marmolejo, is nomi- currency. Loyola University. nated to the Southern District of First, Judge Henry Floyd has been From 1994 to 1996, Ms. Brown served Texas. This is another judicial emer- nominated by President Obama to as the Director of Sanitation for New gency seat. Ms. Marmolejo is currently serve on the Fourth Circuit Court of Orleans. She was also a teaching fellow a partner with Reid Davis LLP., where Appeals in Richmond, VA. He has a lot at Tulane Law School. Ms. Brown is a she has been focusing on complex com- of bipartisan support from South Caro- graduate from the University of South- mercial cases. Prior to this, she served lina. He was nominated by President western Louisiana and received her as Of Counsel for two firms, working on Bush to be a district court judge. He J.D. and L.L.M from Tulane Law complex Federal and State criminal de- served as a State court judge before School. fense matters, public corruption mat- that, and he has a distinguished record The ABA Standing Committee on the ters, criminal tax fraud, health care as a State and Federal jurist. He is an Federal Judiciary has rated Ms. Brown fraud, and mortgage fraud. outstanding choice by the President to with a unanimous ‘‘Qualified’’ rating. In 1999, Ms. Marmolejo worked brief- serve on the Fourth Circuit Court of Nancy Torresen is nominated to be ly for the law offices of Jesus M. Appeals. United States District Judge for the Dominguez before becoming an assist- I have known Henry Floyd for many District of Maine. Since 2001, Ms. ant U.S. attorney in the U.S. Attor- years. I have practiced law with him. I Torresen has served in the criminal di- ney’s Office for the Southern District have appeared before him as a State vision of the U.S. Attorney’s Office in of Texas. As an AUSA, Ms. Marmolejo judge and have followed his career. He the District of Maine. She has inves- was assigned to the Organized Crime is unanimously rated as well qualified tigated and prosecuted Federal crimes Drug Enforcement Task Force where to proceed to the Fourth Circuit. He in the northern half of the district. she handled narcotics cases and money has an outstanding legal background, From 1994 to 2001, the Department of laundering investigations. great temperament, and is one of the Justice detailed Ms. Torresen to the After graduating from law school, most qualified district court judges in Maine Department of the Attorney Ms. Marmolejo joined the Federal Pub- South Carolina. He will serve the peo- General Criminal Division in the Ap- lic Defender’s Office for the Western ple of the Fourth Judicial Circuit well pellate Section. In this position, Ms. District of Texas as Assistant Public on the court of appeals. He has the Torresen represented the state of Defender where she remained until kind of intellect and common sense I Maine in appeals of serious violent 1998. She then moved to the Federal think most people in this part of the crime convictions. Public Defender’s Office for the South- country will appreciate having on the From 1990 to 1994, Ms. Torresen ern District of Texas where she again court. served as an Assistant United States served as an Assistant Public Defender I want to thank the Obama adminis- Attorney for the U.S. Attorney’s Office until 1999. tration, and I urge my colleagues to in Maine. She represented a variety of Ms. Marmolejo is a graduate of the vote for this well-qualified, fine man to federal agencies in litigation involving University of Incarnate Word and re- go to the Fourth Circuit Court of Ap- medical malpractice, employment and ceived her master of arts from St. peals. He has a lot of bipartisan sup- discrimination cases. Mary’s University Graduate School, port at home. Everybody who knows She began her legal career as a law and her Juris Doctorate, cum laude, Judge Floyd is a big fan—right, left, clerk with the Honorable Conrad K. from St. Mary’s School of Law. and center. Cyr, of the United States District The ABA Standing Committee on the CHINA’S CURRENCY EXCHANGE PRACTICES Court for the District of Maine. In 1988, Federal Judiciary has rated Ms. The issue after this vote is whether she joined Williams and Connolly as an Marmolejo unanimously ‘‘Qualified.’’ the Senate should proceed to debate associate, working on medical mal- Jennifer Guerin Zipps, nominated to legislation I have authored with Sen- practice, libel, and contract disputes. be United States District Judge for the ator SCHUMER and others dealing with Ms. Torresen is a graduate from Hope District of Arizona. As I mentioned, the currency exchange practices of the College with a B.A. and from the Uni- this seat has been deemed to be a judi- Communist dictatorship of China. I versity of Michigan School Of Law cial emergency. Judge Zipps has served have been involved in this for almost 7 with a juris doctorate. as a U.S. magistrate judge since 2005. years. We did a sense-of-the-Senate res- The ABA Standing Committee on the Prior to her serving on the bench, olution back in 2004, I believe it was, Federal Judiciary has unanimously Judge Zipps served as an assistant U.S. urging the Chinese to change their cur- rated Ms. Torresen as ‘‘Well Qualified.’’ attorney. While in that role, Judge rency policy. William Francis Kuntz, II, is nomi- Zipps was promoted to chief of the civil But what does this mean to the aver- nated to the Eastern District of New division. She also has private practice age American? The exchange rate York. This seat also has been deemed experience, serving as an associate in today is 6.38 yuan to the dollar. When to be a judicial emergency. Since 1986, the firm of Molloy, Jones & Donahue. you look at the dollar to the euro, I he has been a partner with a number of She began her legal career as a clerk don’t know what it is trading today, private law firms. While he has focused for Judge William C. Canby of the but it goes up and down every day. Chi- his practice on commercial litigation, Ninth Circuit Court of Appeals. na’s economy is growing at 9 and 10 he has represented financial services Judge Zipps is a graduate of the Uni- percent. They are the second largest institutions, and large industrial enti- versity of Arizona and received her economy in the world. They are mov- ties. juris doctorate from Georgetown Law. ing like gangbusters. Does it really From 1987 through 2010, Mr. Kuntz The ABA Standing Committee on the matter for them to suppress the value was appointed by Mayors Koch, Federal Judiciary has rated Judge of the currency? Yes, it does. Dinkins, Giuliani and Bloomberg, and Zipps unanimously ‘‘Well Qualified.’’ Any objective observer, looking at confirmed by the New York City Coun- Mr. President, I yield the floor, and I the history of the way the Chinese cil, to serve on the New York City Ci- suggest the absence of a quorum. Government deals with its monetary vilian Complaint Review Board, CCRB. The PRESIDING OFFICER. The policy, concludes they keep the yuan As a commissioner, he has reviewed clerk will call the roll. below its true value to create a dis- thousands of complaints filed by citi- The assistant legislative clerk pro- count on products made in China. Look zens against New York City police offi- ceeded to call the roll. at it this way. If you are competing cers. Mr. Kuntz has taught courses in Mr. GRAHAM. Mr. President, I ask with China in the world marketplace, American Legal History at Brooklyn unanimous consent that the order for not only do you have cheap labor to Law School. the quorum call be rescinded. compete against, but you have the Mr. Kuntz received his bachelor of The PRESIDING OFFICER. Without Government of China directly sup- arts, a master of arts, a juris doc- objection, it is so ordered. porting their industries in a way we torate, and a Ph.D from Harvard Uni- Mr. GRAHAM. Mr. President, I rise don’t here, and then add to that intel- versity. to speak on two topics, briefly, the lectual property theft. When you do

VerDate Mar 15 2010 01:36 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.019 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6034 CONGRESSIONAL RECORD — SENATE October 3, 2011 business in China, the next thing you tificially created. If they do something Manchin Portman Snowe McCain Pryor Stabenow know, a Chinese company across the better than us, they should win in the McCaskill Reed Tester street is producing the very product marketplace. That is just the way busi- McConnell Reid Thune you went to China to produce. ness works. But if the government in- Menendez Risch Toomey So the Chinese Government needs to tervenes and creates an advantage for a Merkley Roberts Udall (CO) Mikulski Rockefeller Udall (NM) follow the rule of law and live with the Chinese company, that is not winning Moran Rubio Vitter norms of international business prac- in the marketplace. This would not Murkowski Sanders Warner tices. And when it comes to currency matter if it were a small country such Murray Schumer Webb manipulation, it is impossible to be- Nelson (NE) Sessions Whitehouse as the Dominican Republic or some Nelson (FL) Shaheen Wicker lieve that the dollar-to-yuan ratio ex- small country where they have to keep Paul Shelby Wyden ists without the government manipu- the currency in check because they NOT VOTING—4 lating the value of the yuan. People es- don’t want wild swings of their cur- Blunt Inouye timate that it is 25 to 40 percent below rency. But major economic powers— Brown (OH) Lieberman its true value. What does that mean? It China, the United States, European means if you are competing with countries—can’t play that game. The nomination was confirmed. The PRESIDING OFFICER. Under China, selling the same product made So I hope my colleagues will vote to the previous order, the motion to re- in China, there is a discount on the allow this debate to go forward because consider is made and laid upon the Chinese product based on the value of this is about American jobs at the end table. The President will be imme- their money. of the day. diately notified of the Senate’s action. The trade deficit with China has ex- Mr. President, I yield the floor, and I ploded. Last year, it was $273 billion. note the absence of a quorum. f We were at $160.4 billion in July of this The PRESIDING OFFICER. The LEGISLATIVE SESSION year. Cheap exports coming out of clerk will call the roll. The PRESIDING OFFICER (Mr. China are the source of cash for the The assistant bill clerk proceeded to MANCHIN). Under the previous order, Chinese Government and Chinese in- call the roll. the Senate will return to legislative dustry. Mr. RISCH. Mr. President, I ask session. We can’t convert the currency in unanimous consent that the order for f China. In the United States, we can the quorum call be rescinded. take your money and convert it to any The PRESIDING OFFICER. Without CURRENCY EXCHANGE RATE currency we would like. But if a Chi- objection, it is so ordered. OVERSIGHT REFORM ACT OF nese manufacturer sells a product in Under the previous order, all pending 2011—MOTION TO PROCEED—Con- the United States and gets paid in dol- nominations other than the nomina- tinued lars, they have to convert it to the tion of Henry Floyd are confirmed. CLOTURE MOTION yuan. They have very restrictive mone- The question is, Will the Senate ad- The PRESIDING OFFICER. Under tary policies, and the ban of trading on vise and consent to the nomination of the previous order, the cloture motion the yuan is 0.5 percent day. The dollar Henry F. Floyd, of South Carolina,to having been presented under rule XXII, can fluctuate based on all kinds of eco- be United States Circuit Judge for the the Chair directs the clerk to read the nomic forces—our debt, our trade def- Fourth Circuit? motion. icit, and what is going on here at Mr. BROWN of Massachusetts. I ask The assistant bill clerk read as fol- home. But the Chinese Government re- for the yeas and nays. lows: stricts the fluctuation of the currency The PRESIDING OFFICER. Is there a CLOTURE MOTION in a way that costs us jobs. sufficient second? We, the undersigned Senators, in accord- It is estimated that over 2 million There appears to be a sufficient sec- jobs have been lost over the last decade ance with the provisions of rule XXII of the ond. Standing Rules of the Senate, hereby move because of currency manipulation The clerk will call the roll. to bring to a close debate on the motion to alone. It is one way to get an unfair ad- The assistant bill clerk called the proceed to Calendar No. 183, S. 1619, a bill to vantage in the marketplace. Over 41,000 roll. provide for identification of misaligned cur- jobs have been lost in South Carolina Mr. DURBIN. I announce that the rency, require action to correct the mis- alone because companies can’t compete alignment, and for other purposes. Senator from Ohio (Mr. BROWN), the with China. Harry Reid, Sherrod Brown, Charles E. Senator from Hawaii (Mr. INOUYE), and So this legislation would allow the Schumer, Tom Udall, Richard J. Dur- the Senator from Connecticut (Mr. LIE- Treasury Department to create new bin, Richard Blumenthal, Benjamin L. BERMAN) are necessarily absent. Cardin, Daniel K. Akaka, Jack Reed, criteria to monitor the currency prac- Mr. KYL. The following Senator is Joe Manchin III, Debbie Stabenow, tices of the Chinese Government. If it necessarily absent: the Senator from Sheldon Whitehouse, Kay R. Hagan, is found to be misaligned or manipu- Missouri (Mr. BLUNT). Robert P. Casey, Jr., Kent Conrad, lated, the Treasury Department can The PRESIDING OFFICER. Are there Kirsten E. Gillibrand, Robert Menen- bring countervailing duty proposals, dez. any other Senators in the Chamber de- counterveiling duty action against siring to vote? The PRESIDING OFFICER. By unan- China. We have done this before when The result was announced—yeas 96, imous consent, the mandatory quorum the Chinese dumped steel into our mar- nays 0, as follows: call has been waived. ket. The question is, Is it the sense of the If a country is violating the inter- [Rollcall Vote No. 154 Ex.] Senate that debate on the motion to national trading standards or business YEAS—96 proceed to Calendar No. 183, S. 1619, norms, under the WTO we have the Akaka Coburn Heller shall be brought to a close? ability to fight back. This legislation Alexander Cochran Hoeven The yeas and nays are mandatory Ayotte Collins Hutchison would elevate currency manipulation. Barrasso Conrad Inhofe under the rule. It is one thing to dump a product such Baucus Coons Isakson The clerk will call the roll. as steel or tires into the American Begich Corker Johanns The assistant bill clerk called the economy, creating an unfair advantage Bennet Cornyn Johnson (SD) Bingaman Crapo Johnson (WI) roll. for the Chinese manufacturing commu- Blumenthal DeMint Kerry Mr. DURBIN. I announce that the nity; we have tools to deal with that. Boozman Durbin Kirk Senator from Hawaii (Mr. INOUYE) and But we haven’t embraced pushing back Boxer Enzi Klobuchar the Senator from Connecticut (Mr. LIE- Brown (MA) Feinstein Kohl against currency. Burr Franken Kyl BERMAN) are necessarily absent. China should be a great place to do Cantwell Gillibrand Landrieu The PRESIDING OFFICER. Are there business, but it is not. It should be Cardin Graham Lautenberg any other Senators in the Chamber de- more balanced than it is. I want to do Carper Grassley Leahy siring to vote? Casey Hagan Lee business with China. I just don’t want Chambliss Harkin Levin The yeas and nays resulted—yeas 79, trade deficits of $273 billion that are ar- Coats Hatch Lugar nays 19, as follows:

VerDate Mar 15 2010 01:36 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.039 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6035 [Rollcall Vote No. 155 Leg.] nese decided to take a path toward de- supporters of the Sudan People’s Lib- YEAS—79 mocracy and toward justice. Like eration Army-North are being arbi- Akaka Franken Nelson (FL) many, I realized this path would be a trarily arrested on the basis of their Alexander Gillibrand Portman difficult one as conflict persists in perceived political affiliation and sub- Ayotte Graham Pryor Darfur and other areas around the bor- ject to extrajudicial killings. Refugees Barrasso Grassley Reed Baucus Hagan Reid der, such as Abyei, Blue Nile, and have described execution-style mur- Begich Harkin Risch Southern Kordofan. ders. International calls for the north- Bennet Hatch Roberts Unfortunately, recent reports of vio- ern government to cease its aerial Bingaman Hoeven Rockefeller Blumenthal Hutchison lence confirm the tenuous relationship bombings have been blatantly ignored. Sanders Boozman Isakson between north and south that exists in The U.N. Office for the Coordination of Schumer Boxer Johanns Sessions the wake of independence. Escalating Humanitarian Affairs, OCHA, reports Brown (MA) Johnson (SD) unrest points to the abandonment of Brown (OH) Kerry Shaheen that more than 100,000 people are Burr Klobuchar Shelby peaceful negotiations by the north and thought to be displaced by fighting in Cardin Kohl Snowe a return to military intimidation and Blue Nile alone. The U.N. estimates for Carper Landrieu Stabenow fighting. Tragically, civilians have South Kordofan top 200,000 displaced Casey Lautenberg Tester Chambliss Leahy Thune been caught in the crossfire. persons. Just last month, an article in Cochran Levin Udall (CO) According to a post from CNN in late the New York Times reported that a Collins Manchin Udall (NM) July, hospitals in the Nuba Mountains satellite imagery project monitoring Conrad McCain Vitter are overflowing with civilians who parts of Sudan had captured images of Coons McConnell Warner Cornyn Menendez Webb have been hurt in attacks by the north- mass graves. Crapo Merkley Whitehouse ern army. This is how the report de- We have always known South Sudan Durbin Mikulski Wicker scribes the scene: would face serious challenges this year Enzi Moran Wyden Feinstein Nelson (NE) In one hospital room a nurse tried to clean and in the coming years as a free inde- the blown apart face of a young boy. In an- pendent nation. What we cannot allow NAYS—19 other, a 12-year-old girl suffered from ad- is its democratic future to hang in the Blunt Inhofe Murkowski vanced tetanus after her arm was cut off by balance as old scores are reignited and Cantwell Johnson (WI) Murray shrapnel. Doctors said she had little chance innocent lives are lost. Let’s not forget Coats Kirk Paul of surviving. Coburn Kyl Rubio the horrors of the civil war that ensued Corker Lee Toomey This violence, affecting innocent for 22 years before President George W. DeMint Lugar children, is unacceptable. Attacks Heller McCaskill Bush engineered the comprehensive against civilians are among a number peace agreement in 2005. During that NOT VOTING—2 of violations that have been cited by civil war, more than 2 million died, Inouye Lieberman the United Nations against Sudanese more than 4 million were displaced, The PRESIDING OFFICER. On this President Omar al-Bashir’s govern- and 600,000 fled the country as refugees. vote, the yeas are 79, the nays are 19. ment, which denies the allegations and I urge my colleagues not to lose focus Three-fifths of the Senators duly cho- insists it is only fighting rebels loyal on the hundreds of thousands of people sen and sworn having voted in the af- to South Sudan. who have been unfairly hurt by this vi- firmative, the motion is agreed to. In a report this summer, the United olence. They have already endured far Mr. DURBIN. Mr. President, I sug- Nations suggests the attacks by Suda- too much suffering. I join the U.S. gest the absence of a quorum. nese Armed Forces in the border state State Department in its call for the The PRESIDING OFFICER. The of Southern Kordofan have amounted hostilities to stop and for responsible clerk will call the roll. to human rights violations and war dialog to resume. The longer the vio- The assistant bill clerk proceeded to crimes. Most of the violence there is lence continues, the harder it will be to call the roll. affecting the Nuba people, a mostly move forward toward lasting peace. Mr. WICKER. Mr. President, I ask Christian minority aligned with South I suggest the absence of a quorum. unanimous consent that the order for Sudan but left on the opposite side of The PRESIDING OFFICER. The the quorum call be rescinded. the border. Thousands have been forced The PRESIDING OFFICER. Without clerk will call the roll. to flee to caves for refuge in the Nuba The assistant bill clerk proceeded to objection, it is so ordered. Mountains. Even more worrisome is Mr. WICKER. Mr. President, I ask call the roll. that the violence is spreading. In May, unanimous consent to speak as in Ms. SNOWE. I ask unanimous con- morning business. the Sudanese Armed Forces invaded sent that the order for the quorum call The PRESIDING OFFICER. Without the disputed area of Abyei and dis- be rescinded. objection, it is so ordered. placed an estimated 100,000, among The PRESIDING OFFICER. Without them nearly 4,000 children. Just last CRISIS IN SUDAN objection, it is so ordered. Mr. WICKER. Mr. President, I rise month, the Sudanese Parliament au- Ms. SNOWE. Mr. President, I rise this evening to call attention to the thorized military action in nearby Blue today in strong support of the bipar- disturbing developments in Sudan and Nile. tisan legislation we will be considering the newly created nation of South We should not forget the legacy of this week regarding the Currency Ex- Sudan. I fear the ongoing violence President Bashir’s dictatorial regime change Rate Oversight Reform Act of there risks undermining the progress as these atrocities continue to mount. 2011. I am very pleased it received over- that has been made for lasting peace Mr. Bashir has already been indicted whelming support for us to proceed to after decades of civil war and blood- by the International Criminal Court consideration of this most critical leg- shed. for crimes against humanity and war islation. It has been indeed a historic year for crimes over the conflict in Darfur, and This day has been a long time in the the people of South Sudan. Almost 3 the United States continues to impose making, if you ask those of us who months ago, on July 9, South Sudan sanctions on the northern government. have been calling on our government, was formally recognized as a sovereign The full extent of the violence in the under the leadership of both Democrats nation, becoming Africa’s 54th state. border areas between Sudan and South and Republicans, to hold our foreign An overwhelming 98.8 percent of South Sudan is hard to determine because competitors accountable when they Sudanese voters chose independence U.N. agencies and humanitarian groups violate our trade laws. In that respect from the central government of Sudan have been denied access. But this is no I want to express my gratitude to my in the referendum held this January. excuse for ignoring the warning signs colleague from Ohio, Senator SHERROD For the millions of people whose life- of a dangerous predicament. All too BROWN, with whom I have partnered in times have known only war, the hope often, we recognize crises after far too repeatedly calling for a vote on this of a better future was finally on the ho- many lives have been lost. crucial legislation, as well as the Sen- rizon. What we do know about the current ator from New York, Senator SCHUMER, Like many, I was cautiously encour- situation is ominous. The African Cen- and the Senator from South Carolina, aged by the news that the South Suda- ter For Justice and Peace Studies says Senator GRAHAM, for also being with us

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Overall, employment num- If one of the largest and most inte- ation by the Congress. bers in my State have returned to 1999 grated companies in the world is being This day has been far too long in levels—1999 levels—erasing any eco- hamstrung by China’s piracy and bla- coming for the millions of American nomic gains of the previous 10 years. tant infringement of intellectual prop- workers who are out of work and whose U.S. manufacturing employees, in- erty rights, how can we expect smaller wages have been decimated as a result cluding thousands who live in small U.S. companies to stand a chance when of our inability to compete with un- towns throughout my State, are recog- it comes to entering the Chinese mar- fairly subsidized Chinese imports. nized as the most productive workers ket? On top of its failure to police in- Since Congress first began requiring in the world. These are the types of tellectual property rights infringe- the Treasury to analyze the exchange jobs that should be thriving in a global ment, unlike most other countries rate policies of foreign countries in economy, but they cannot if foreign where exchange rates are determined 1988, China has been cited as a currency producers, such as those in China, are by market forces, the Chinese Govern- manipulator five times, all occurring playing with a proverbial stacked deck. ment does not allow the renminbi to between 1992 and 1994. For this reason I rise today to urge fluctuate freely and instead pegs it Since then, despite China’s continued my colleagues to join us in supporting tightly to the U.S. dollar at a rate that and in many ways intensification of the Currency Exchange Rate Oversight makes it significantly undervalued vis- these practices, our government, under Reform Act, legislation that I have au- a-vis the dollar. both Democratic and Republican ad- thored with the Senator from Ohio to As a result, Chinese exports to the ministrations, has failed to cite China enforce the rules and address a para- United States are artificially made less even once for its policy of fixing its mount contributing factor in the deci- expensive, as we well know, and the currency to the dollar. This is also de- mation of our Nation’s once unparal- cost of U.S. exports to China and the spite Congress’s repeated efforts to leled manufacturing base—currency ex- rest of the world are made more expen- make currency manipulation a top pri- change rate manipulation. sive by a similar or equivalent amount. ority in our Nation’s trade agenda. For over a decade China has manipu- According to a new report featured In fact, in April 2005 I joined my Sen- lated its exchange rate by pegging the last week in the Wall Street Journal, ate colleagues in decisively supporting Chinese renminbi to the dollar. As a re- one significant consequence of China’s an amendment calling on China to re- sult, China’s currency is estimated to trade practices is that over the last form its currency practices. This ac- be undervalued by anywhere from 12 to two decades it has surged as an ex- tion is largely viewed as helping to 50 percent according to the Congres- porter at a ‘‘break-neck pace,’’ while prompt China to allow its currency to sional Research Service. In fact, de- the growth of U.S. spending on imports gradually appreciate between 2005 and spite the Chinese Government’s an- from China has climbed steadily. As in- 2008. In July 2007 I joined a majority of nouncement last year that it would dicated by this chart to my right, ac- colleagues on the Senate Finance Com- begin allowing its currency to gradu- cording to the report, imports from mittee in favor of reporting the Cur- ally appreciate, the Treasury Depart- China as a share of U.S. spending rency Exchange Rate Oversight Reform ment’s exchange rate report, released climbed from below 1 percent through- Act of 2007 by a vote of 20 to 1. That May 27, noted that ‘‘the real exchange out much of the 1990s, to over 5 percent was 4 years ago. We started 6 years ago, rate of the renminbi remains substan- today. There is no question that this and yet we still had not had any con- tially undervalued.’’ trajectory reflects it in this chart, see- crete, substantive action on this funda- Some of my colleagues will no doubt ing China as a total of U.S. spending, mental issue. None of these bills were argue that mill closings and layoffs in and what has occurred is a dramatic brought up for a vote by the full Sen- States such as Maine have little to do rise—without abatement, without any ate. with the value of the Chinese currency, intervention whatsoever—and we have From 2008 to mid–2010, China again and that legislation to hold countries seen a steady major rise in terms of the froze its exchange rate constant in an such as China accountable when they amount of imports and spending by effort to maintain its production edge intervene in currency markets will not Americans on Chinese imports. during the financial crisis. It was only create jobs or grow our economy. Due in large part to China’s currency last June that China showed signs that For that matter, proponents of Chi- manipulation and other trade-dis- it might allow the RMB to gradually na’s entry into the World Trade Orga- torting practices, manufacturers in appreciate. But according to the Con- nization 10 years ago also claimed that Maine and places like Maine have not gressional Research Service, it gained liberalizing trade with China would im- been able to compete against this surge only 6 or 7 percent on the dollar over prove our trade deficit. At the time of in artificially cheap Chinese imports. the last year. its entry into the WTO in December As Americans spend increasingly more Faced with these blatantly inequi- 2001, China agreed to provide greater on Chinese products, as illustrated in table trade distortions, I have wit- transparency when it comes to trade the chart, these imports displace goods nessed Maine’s manufacturers and policies, to enforce intellectual prop- made in the USA. their employees going to great lengths erty rights, and to end discriminatory Consequently, China’s currency to improve their competitiveness. Ac- and unpredictable rules impeding mar- undervaluation has contributed di- cording to the Manufacturers Associa- ket access for American products. rectly to our soaring trade deficit with tion of Maine, workers in our State In fact, as the agreement to allow China, which has ballooned from $83 have increased output per employee by China into the WTO was being nego- billion, when China joined the WTO in 6 percent over a period of 8 years—from tiated in 2000, President Clinton argued 2001, to $273 billion in 2010. Those num- 60,000 in 2001 to 89,000 in 2009. Yet the it would create, in his words, ‘‘a win- bers are worth repeating—when you dramatic job losses we have witnessed win result for both countries.’’ are speaking about $83 billion, which in the American manufacturing sector However, as President John Adams our trade deficit was in 2001, and now over the last decade tell a very dif- once said, ‘‘facts are stubborn things.’’ in 2010 it has skyrocketed to $273 bil- ferent story. Let’s examine some of the evidence. lion. According to recent reports, between For one, in January, I met with This ever-expanding, explosive trade 2001, when China joined the WTO and Microsoft CEO Steve Ballmer a few deficit, unprecedented, of course, in our 2010, 4.1 million manufacturing jobs hours before he attended a private history, which grew 20 percent between were lost in this country, and 1.9 mil- meeting at the White House. Mr. 2009 and 2010, destroys existing jobs, lion of those jobs or 47 percent can be Ballmer told me that in fiscal year 2010 prevents new job creation and, as directly linked to our growing trade over 30 million PCs were sold in China economists from the Economic Policy deficit with China. that ran illegal copies of Windows. Institute have indicated, increases the In Maine, this withering of our man- Rather telling, he noted that while global ‘‘race to the bottom,’’ in their ufacturing base has contributed to China is their second largest personal words, when it comes to middle-class wage and salary employment levels computer market in the world, it is wages.

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.022 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6037 For example, the Economic Policy whether China’s currency practices ing a countervailing subsidy. It just re- Institute recently released a report constituted an illegal—and therefore quires Congress to determine on a case- noting that as plants have closed, countervailable—export subsidy. by-case basis whether currency under- workers displaced by trade from the Simply put, this failure to take ac- valuation is giving foreign companies manufacturing sector have had par- tion is unacceptable. In response, in an unfair competitive advantage over ticular difficulty in securing com- November of last year, the Senator their counterparts in our country. parable employment, and average from Ohio, Senator BROWN, and I sent a Since introducing our legislation in wages of those who found new jobs fell letter to the Senate’s leadership asking February, we have added 11 bipartisan by 11 to 13 percent. that a vote be scheduled on legislation Senate cosponsors, and the House com- As we see on the chart, reflected and directing the Commerce Department to panion to our legislation has over 200 demonstrated here, most graphically, investigate allegations that currency cosponsors. Furthermore, on Sep- the Economic Policy Institute report undervaluation provides a tember 23, I was proud to join as a lead discovered that since China’s entry countervailable subsidy at the expense original cosponsor of the bipartisan into the World Trade Organization in of American jobs. When the Senate legislation before us today, which com- 2001 and through 2010, when we saw failed to take action, Senator BROWN bines the key elements of our bill with that explosive growth of the trade def- and I filed the House-passed currency icit from $83 billion to $273 billion be- critical provisions of the legislation reform bill as an amendment to the tax authored by the Senator from New tween 2001 and 2010, the increase in the extender package in December of 2010. York, Senator SCHUMER, and the Sen- U.S.-China trade deficit eliminated or In January 2011, during Chinese ator from South Carolina, Senator displaced 2.8 million American jobs or President Hu’s visit to the United GRAHAM, that I also supported as an 310,000 jobs per year. States, we sent a letter to Secretary initiative when it came before the Sen- As we can see illustrated on the Geithner underscoring the need to en- ate Finance Committee in 2007. chart, virtually every State in America force trade remedy laws to provide U.S. has been affected by the trade deficits industries affected by China’s currency The merged bill utilizes U.S. trade with China, with displaced thousands practices with a lifeline to compete. law to counter the economic damage and thousands of jobs, and in less than And, finally, in response to our govern- and harm to U.S. manufacturers caused a decade 2.8 million American jobs. ment’s failure to investigate these un- by currency manipulation and it au- In my State of Maine this means the fair trade practices, on February 10 of thorizes new consequences for coun- trade deficit has displaced nearly 10,000 this year, Senator BROWN and I intro- tries that fail to adopt appropriate workers or nearly 2 percent of State duced our legislation, the Currency Re- policies to eliminate unfair currency employment. As the chart depicts, the form for Fair Trade Act. undervaluation. Most critically, it will pain of job losses is not unique to one Simply put, the Department of Com- also provide businesses that are dam- individual State or region of the coun- merce has failed to use its authority to aged by China’s trade practices with try. Workers in all 50 States, from Cali- respond to currency manipulation by the tools to respond on behalf of Amer- fornia to South Carolina, from Michi- investigating these allegations brought ican workers. It ensures our govern- gan to Texas, have been harmed and by U.S. industry and placing counter- ment will heed the requests of a wide unable to compete against artificially vailing duties on foreign imports bene- range of U.S. industries, such as paper cheap Chinese imports. fiting from these unfair trade prac- manufacturers in Maine, to investigate While these charts and reports may tices. The purpose of our bill is to whether currency undervaluation by a paint a picture of doom and gloom, make clear that Commerce has the government provides a subsidy, and there is recourse available to American ability to investigate—regardless of one in which we can initiate an action workers injured by unfair trade. Under whether the subsidy is provided to all by imposing countervailing duties. the U.S. countervailing duty law, tar- iffs can be imposed on imports bene- foreign businesses in a given country Finally, while some of my colleagues fiting from foreign government sub- or just to those that are exporting. have expressed concerns that chal- That is an important point, because sidies if it demonstrates that the sub- lenging China’s unfair trade practices if we wait to make that demonstration, sidies cause or threaten injury to a could lead that government to retali- they can continue to export their goods U.S. industry producing the same or ate against U.S. goods and jeopardize to the United States before we could similar product. our economic recovery, the fact is the But while numerous U.S. industries ever reach the point of being able to potential benefit of currency reform is have attempted to bring allegations of make that determination on imposing enormous when it comes to fighting currency manipulation as an export that countervailing subsidy or deter- unemployment and boosting the Amer- subsidy under our trade laws, in each mining which companies in China are ican economy, because as of today instance the Department of Commerce actually doing the exporting. So it is China essentially rigs the game to un- has refused to investigate. important to eliminate that distinc- dercut true market competition and For example, it is a little known fact tion, because that has been a barrier. undermine U.S. businesses. In fact, it certainly prevented the De- that the U.S. pulp and paper industry For example, a study released in employs 900,000 workers—roughly the partment of Commerce, in their words, from being able to impose any kind of June by the Economic Policy Institute equivalent number employed by the discovered that addressing Chinese cur- U.S. auto industry—making it an indis- subsidies or to investigate the case be- fore they could impose a counter- rency manipulation and enforcing fair pensable economic pillar in rural com- trade provisions when it comes to these munities in Maine and across the coun- vailing duty. So this way we eliminate the distinction, irrespective of whether violations would support the creation try. of more than 2 million U.S. jobs, in- Last year, several U.S. paper manu- a business is exporting within China crease the gross domestic product by as facturers with mills in Maine brought their goods. The point is, we don’t want much as $285 billion, and reduce the forward allegations that China was vio- to wait for the Department of Com- deficit by more than $70 billion a year. lating trade rules by illegally sub- merce to make that determination. sidizing their products in the U.S. mar- Those industries that do export—and Failing to act now is not an option. ket. Just over a year ago, in 2010, I tes- once they do export—have already done The International Monetary Fund re- tified before the International Trade the damage. So it is clearly important cently announced that China will sur- Commission and made the case—and to be able to have the Department of pass the United States economically in we were ultimately successful on these Commerce in a position of being able 2016—a mere 5 years from now. If this points—that foreign paper manufactur- at the outset to initiate this investiga- turns out to be true, it will be due in ers in China and Indonesia were ille- tion on those companies that actually large part to our current policies, gally selling their products in the export goods to the United States from which are fueling our decline and Chi- United States at unfairly subsidized China at an unfair price. na’s rise. We import more than we ex- and underpriced rates. Notably, our bill does not legisla- port, keep running huge trade deficits, Amazingly, however, the Commerce tively deem that a currency undervalu- consume more than we produce, and Department refused to investigate ation satisfies the requirement of find- outsource thousands of jobs.

VerDate Mar 15 2010 01:39 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.024 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6038 CONGRESSIONAL RECORD — SENATE October 3, 2011 If one manufacturer is compelled to It has been a problem, and it has this to its logical conclusion and send close because we failed to combat sub- been a persistent problem. Unfortu- it to the President for his signature. sidized imports, that is one less manu- nately, both sides of the aisle—whether The time has come, as I said, and it is facturer able to export and help grow it is Democratic or Republican admin- long overdue. We have failed the work- our economy. And frankly, if there was istrations, the presidency or here in ers and the industries of this country ever a moment to empower a workforce Congress—have failed to take a con- who are trying to compete and who can when it comes to competing in a global crete, concerted action that could have make goods. We are not going to for- economy, is there any doubt, given our made a profound difference long before sake our manufacturing sector, be- dire economic state, that time is now? this point. This could have been avert- cause we have the ability to make the From Maine to the Midwest, China’s ed. Time and again we haven’t been best goods with the most productive currency manipulation has been among able to have a Treasury Secretary des- workers in the world, and we should be the greatest impediments to our manu- ignate China as a currency manipu- able to continue to do that. The only facturing sector. Unfortunately, the si- lator that I think would have then way we can fulfill that obligation to lence of our government when it comes prompted much more significant ac- them is through this legislation. There to this issue has become the silence of tion on the part of any administration. is no other recourse at this moment in our factories. So that issue has been addressed in time. It is time to take action to rebuild this legislation—to change the thresh- I yield the floor, Mr. President. our economic foundations, and this leg- old, to redesign and to target the legis- The PRESIDING OFFICER (Mr. islation will ensure our government lation more precisely so that it will MERKLEY). The Senator from Ohio. has the tools to respond on behalf of give the tools to the administration, Mr. BROWN of Ohio. Mr. President, I, American companies and workers by and specifically to the Treasury Sec- first of all, thank Senator SNOWE for imposing countervailing duties on ex- retary, to be able to designate China as her leadership on this currency legisla- ports subsidized by currency manipula- a currency manipulator, which then tion. Its time has come, as she has said. She has been a real leader on this tion undervaluation. kicks in certain safeguards and ac- for months—years, for that matter. I so It is absolutely vital we take this ac- tions. tion this year—right now—because, as The same is true for the Department appreciate her work on this problem. Pure and simple, this is the most im- I indicated at the beginning of my re- of Commerce, that they will be able to portant bipartisan jobs bill the Senate marks, if you look at the historical initiate at the outset an investigation will pass in my 41⁄2 years since I have picture of the consideration of this leg- to determine whether devaluing the been a Member of the Senate. Senator islation, it is clear it has been under- currency on the part of China has con- SNOWE has been here a good bit longer estimated, it has been overlooked in tributed to unfair trading practices and has been a member of the Finance terms of the value it brings to our and, obviously, adversely affecting our country, to the value it brings to the Committee that understands these goods and workers and companies here issues of how China has gamed the sys- manufacturing segment of our econ- in the United States. It is important to tem. Senator SNOWE and I were joined omy, and to the value it brings to our give the tools to our agencies to make in our legislation, combining it with workers. I am deeply concerned, be- sure they can fulfill their obligations. Senator SCHUMER and Senator GRAHAM cause it also seems as if it is an either/ I know there are times in which they in their legislation, also Senator STA- or proposition when we talk about have not done so, even when they have BENOW, a Democrat from Michigan; trade-related issues—either we do had the tools, and they have been em- Senator SESSIONS, a Republican from nothing or we will invite a trade war. powered to use those tools, much to Alabama; both Senators from North We have to look at the trade prac- the detriment of our industries—much Carolina, Senator BURR, a Republican tices of our trading partners and the to the detriment of these jobs and and Senator HAGAN, a Democrat; joined laws which they are required to up- these manufacturing companies all by Senator CASEY and the other Maine hold—in this case, for China, through across America—that have either Senator, Senator CASEY from Pennsyl- the World Trade Organization. They closed their doors or they have sharply vania, a Democrat, and the other made a commitment at the onset when curtailed their businesses or their level Maine Senator, a Republican, Senator they joined that organization, and they of employment. COLLINS. And that just shows the bipar- have refused to uphold it when it I know that firsthand from my State. tisan support. comes to leveling the playing field and It has brought tremendous con- We had this vote today. On S. 1619, creating the equilibrium—to let the sequences to rural Maine and to rural the cloture vote was 79–19, which is a currency flow as required and stipu- America as a result, because that is strong message to the House and to our lated under that agreement when they what has been the basis of our econ- colleagues that this legislation as we became a member of that organization. omy. The manufacturing segment of debate this week is so important. It is They have failed time and again to our industry has been so critical to deserving of basically a week of the monitor these agreements and to mon- good-paying jobs, and that ultimately Senate’s time to discuss and debate itor the actions of their own companies has been damaged and harmed as a re- what China trade is all about. with respect to this practice, and it has sult of this currency manipulation We know what China trade is all decimated many industries across this issue that has been persistent on the about. We know, as Senator SNOWE country. part of the Chinese, and one that we said, the trade deficit with China has As I indicated with this chart, vir- now have to address through this legis- ballooned in the 10 years since China tually every State in America has been lation. has been part of the World Trade Orga- damaged as a result of the loss of jobs I appreciate this opportunity to ad- nization. Think of it this way. Every because we have failed to uphold the dress the Senate on this critical issue. day we buy $750 million more from standards of fair trade. So it isn’t As we go forward in the days ahead in China than we sell to China—every sin- about encouraging a trade war. Far debating this legislation, I look for- gle day—Sunday, Monday, Tuesday, from it. I think it creates not only a ward to working with my colleagues— Wednesday, Thursday, Friday, Satur- level playing field, but it creates an eq- the Senator from Ohio, who has done day—every day of every week every uitable circumstance for our trading yeoman’s work on this issue and has year. So for the past year, $750 million partners. And it is important for those brought this issue to the highest levels we buy from China more than we sell countries, such as China, to be pre- in terms of its attention and impor- to China. You just can’t keep doing pared to live up to the agreements to tance to this country, most assuredly. that. You can’t keep doing that and which they have subscribed through I am looking forward to working with hold the industrial base that the people the World Trade Organization. They him and our other colleagues to make of Oregon, the people of Maine, the peo- are required to live by their agreement, sure we can fulfill our commitment to ple from Ohio care about. and that means they have to establish passing this legislation. Look at it this way. I don’t want to the standards where they cannot ma- It is not only about debating it, it is inundate my colleagues with figures nipulate their currency, as they have not just voting on it, it is about its be- and numbers and dollars and job num- been doing for more than two decades. coming law. I think we should bring bers and all that, but President Bush I

VerDate Mar 15 2010 01:39 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.045 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6039 said $1 billion in trade surplus or trade And one of the ways they cheat is they international trade; that we do think deficit translates into 13,000 jobs. He undervalue their currency so they have all actors should behave. We do think said that 15 years ago. No President a 25-percent discount on their products that everybody in the trading system has quantified that since. But think sold into the United States. We can’t should work on a level playing field. about that. Thousands of jobs for every compete with that, no matter that our Today was the biggest step I have $1 billion in trade deficit or surplus. workers are efficient, no matter that seen the U.S. Senate take since I came Well, with China alone, we have three- our companies are efficient, no matter here in 2007. We are going to have a quarters of $1 billion every single day. that we cut costs in so many ways with long debate this week. Everybody is Our trade deficit with the whole world the more advanced technologies and going to get their chance. Some Mem- is $600 billion, more than that. advanced manufacturing that we do. bers of the Senate who wanted us to de- So we buy $600 billion more than we So that is why this was such an im- bate this are still not quite sure ex- sell to the world every year. How can a portant step, passing overwhelmingly actly where we go with this. I think it country, no matter how wealthy—and and sending to the floor for debate is pretty clear, though, that the U.S. this is a rich country still, even though today—79–19—this bipartisan jobs bill Senate today reflects what the people millions of people have been unem- called the Currency Exchange Rate of this great country believe: That we ployed, have lost manufacturing jobs in Oversight and Reform Act of 2011. make things. my State and other States across the Earlier today I was in Cleveland and My State is the third largest manu- country. How can we continue as a I had a meeting with two owners of a facturing State in America. Only Texas prosperous nation if manufacturing is company in Brunswick, OH, more or and California, States that are twice outsourced and these jobs go some- less a Cleveland suburb, Automation and three times our size in population, where else? Tool & Dye. It is a family company make more than we do. We know how I don’t believe ever that I can think that has been in operation since 1974. to produce. We need to continue to of in world history—and I have said The owners, the two sons, Randy and produce. We know that manufacturing this before and nobody has challenged Bill Bennett, spoke today about their creates wealth. it—have we seen a business plan of company. They have, I believe they This is a huge victory—only a first American companies moving to China, said, 55 employees who are a major step but a huge first step and a victory manufacturing there, and then selling part of American manufacturing. They for American manufacturing to help us back to the United States. A company are the kind of company that when it reindustrialize our country. such as Proctor & Gamble, on the other is such a disadvantage on currency, it I thank my colleagues for this 79–19 hand, they moved production to China, puts them in a less than competitive vote. I thank Senator SNOWE especially but they sell from their Chinese oper- position sometimes. They are still for her terrific work on both sides of ations to China, East Asia, probably doing OK, but they know how hard the the aisle in getting this bill moving Taiwan and maybe Japan and Malay- business climate is when they are at forward. It is going to matter for work- sia. They have their production in the that disadvantage. ers in Toledo, Dayton, Cleveland, and areas they sell to. That makes perfect So when they are making products, Columbus. And for that, I am grateful. sense. That is good for those countries, because China has gamed the system Mr. President, I yield the floor and good for those workers, good for the and an American company might move suggest the absence of a quorum. United States, and good for Cincinnati to China to do production, they can’t The PRESIDING OFFICER. The where Proctor & Gamble is located. up and move their family company of clerk will call the roll. But these companies that have it as 55 employees—they can’t move to The assistant legislative clerk pro- their business plan to shut down pro- China to service the company that has ceeded to call the roll. duction here, move to China, and then moved to China because of the com- Mr. BROWN of Ohio. Mr. President, I sell those products that they make in petitive disadvantage. ask unanimous consent that the order Shanghai and Wuhan and Beijing in- So we know how that has worked. We for the quorum call be rescinded. stead of in Akron, Canton, and To- know why this legislation that Senator The PRESIDING OFFICER. Without ledo—sell those products back to con- SNOWE has worked on, the two bills we objection, it is so ordered. sumers in Oregon, Ohio, and Maine— put together, Senator SNOWE and my f that is why this legislation is so impor- bill with Senators SCHUMER and GRA- tant. HAM. As I said, we have had good strong MORNING BUSINESS A new study said we have lost 2.8 bipartisan sponsorship on this bipar- Mr. BROWN of Ohio. Mr. President, I million jobs in the last decade to China tisan jobs bill and we have also had a ask unanimous consent that the Sen- because of currency manipulation; 1.9 very good vote today that was 79–19 to ate proceed to a period of morning million of those jobs are in manufac- move this forward. business, with Senators permitted to turing. You know what has happened in The Economic Policy Institute issued speak for up to 10 minutes each. places such as Portland, and the Sen- a new report showing that addressing The PRESIDING OFFICER. Without ator from Maine knows what has hap- Chinese currency manipulation could objection, it is so ordered. pened in her Portland, and what that support the creation of 2.25 million f has meant to lost jobs in this country. American jobs, mostly in manufac- And understanding the reason that turing, mostly the kind of jobs that BURMA SANCTIONS happens is because China games the will create other jobs because of the Mr. MCCONNELL. Mr. President, I system, because China doesn’t play wealth that Senator SNOWE talked rise to note final passage last week of fair—pure and simple, say it straight, about, the wealth that manufacturing the Burmese Freedom and Democracy because China cheats. They have been creates. And as Senator SNOWE pointed Act, which extends sanctions on the given, for all intents and purposes, a 25 out, when the opponents to this—and Burmese regime for another year. As in or 30 percent subsidy to their products. too often we have seen administrations years past, I am joined in this effort by So because they cheat on currency— of both parties oppose bills such as my good friend, Senator DIANNE FEIN- putting aside how they subsidize their this. When opponents say this is pro- STEIN. Alongside the two of us are 64 paper industry, for instance, with tectionism, I don’t know what is wrong other cosponsors, including Senators water and capital and energy and land. with protecting our families and pro- MCCAIN, DURBIN, and LIEBERMAN. This Just on currency alone, when they sell tecting our neighbors and protecting overwhelming bipartisan support for something into the United States, they our country. But ceding that, they say sanctioning the junta reflects the clear have a 25 to 30 percent cost advantage. this is protectionism. This, in fact, is a view of the U.S. Senate that the pur- I know companies in places around my reaction to Chinese protectionism. And portedly ‘‘new’’ Burmese regime that State, in Mansfield, Springfield, Zanes- the People’s Republic of China has not took office earlier this year so far ap- ville, Chilicothe, will say that the cost really believed in the rule of law when pears little different from the ‘‘old’’ re- of raw materials is higher than the it comes to trade. There is an emphatic gime. cost of the product when it comes from strong insistence by the U.S. Senate The casual observer could be excused China. Why? Because China cheats. that we do believe in the rule of law for for thinking that things have changed

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.047 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6040 CONGRESSIONAL RECORD — SENATE October 3, 2011 dramatically for the better in Burma ship with North Korea, in particular, is CUBA over the past year. After all, elections a source of much concern. Mr. RUBIO. Mr. President, I ask were held last fall, a ‘‘new’’ regime I am hopeful that the time will soon unanimous consent to have printed in took office earlier this year, and Aung come when sanctions against the Bur- the RECORD an article highlighting the San Suu Kyi was freed. However, as our mese government will no longer be Castro regime’s continued abuse of the experience with Burma has taught us, needed; that like South Africa in the Cuban people as they organize efforts things there usually require a closer early 1990s, the people of Burma will be to create a freer Cuba. The people look. able to free themselves from their own being held unjustly and abused in First, the November elections took government. However, as evidenced in Cuban prisons—as well as those being place without the benefit of inter- the Deputy Chief of Mission’s letter, intimidated and repressed outside of national election monitors, and no rep- the Burmese junta appears to maintain prison—need the continued support of utable observers viewed the elections an iron grip on its people, and con- America. as free or fair. This was in large part tinues to carry out a foreign policy There being no objection, the mate- because the National League for De- that is inimical to U.S. interests. The rial was ordered to be printed in the mocracy—Suu Kyi’s party and the win- United States must continue to deny RECORD, as follows: ner overwhelmingly of the last free this regime the legitimacy it craves by [From the Wall Street Journal, Oct. 3, 2011] elections in the country in 1990—was continuing sanctions, and these sanc- AMERICA’S: CUBA’S REPRESSION ESCALATES effectively banned by the junta and tions must remain in place until true (By Mary Anastasia O’Grady) couldn’t participate in the election. democratic reform comes to the people There were restrictions placed on how of Burma. Former New Mexico Gov. Bill Richardson other political parties could form and returned home from an attempted hostage- rescue mission to Cuba last month empty- campaign. No criticism of the junta f was permitted. And the results were handed and ‘‘still scratching [his] head’’ as to why the Castro regime double-crossed unsurprising: the regime’s handpicked HUNGER ACTION MONTH him. What is truly baffling is why Mr. Rich- candidates won big and the democratic ardson expected anything different from a opposition was largely sidelined. Mr. WARNER. Mr. President, this dictatorship operating in extreme-repression Second, the ‘‘new’’ regime appears to past month we recognized Hunger Ac- mode. be essentially the junta with only the tion Month, a time for all Americans In a Sept. 14 interview with CNN’s Wolf thinnest democratic veneer. The Con- to focus on the problem of hunger in Blitzer, Mr. Richardson said he had been in- stitution, which places great power in our communities. As we begin the vited to the island to discuss the release of the hands of the military, cannot be U.S. Agency for International Development month of October, we must remember contractor Alan Gross. Mr. Gross was ar- amended without the blessing of the that this is a year-round reality for rested in December 2009 and is serving a 15- armed forces. Furthermore, those in many individuals and families around year sentence. parliament are limited in how they can the country and that our efforts to Mr. Richardson admitted that he got criticize the regime. eradicate this problem must continue. stiffed by Cuba’s ‘‘foreign ministry, which a The only legitimately good news was Our Nation continues to face both a lot of the people there I know and have been friends’’ with. What he could not grasp is Suu Kyi’s release. Yet the extent of her 9.1-percent unemployment rate, as well freedom to travel remains an open why those ‘‘friends’’—a strange designation as a 15.1-percent poverty rate. Every- for individuals who might one day be hauled question. Moreover, despite her release, one has been touched in some way by nearly 2,000 other political prisoners before an international human-rights tri- this challenging economy. Many of our bunal—don’t appreciate the Obama adminis- remain behind bars in Burma; they are friends, neighbors and family members tration’s outreach. Yes, they are no better off than before. Neither are still might be struggling in ways that ‘‘hardliners,’’ he admitted, but they ought to the hundreds of thousands of refugees they never imagined with less money understand that the White House has been and displaced persons who are without to spend and tough choices to make. bending over backward to get along. a home due to the repressive policies of Actually they do understand, and that’s Thankfully, there have been a number why they treated him so badly. the junta. of community assistance organizations That the political situation in Burma Mr. Richardson told Mr. Blitzer that he that have been able to step up and help remains largely unchanged is also re- was ‘‘flabbergasted’’ when, after a ‘‘delight- out. flected in the defection this summer of ful’’ three-hour lunch discussing how U.S.- Cuba relations might be improved—includ- two Burmese diplomats. One of them Many of these are local food banks and soup kitchens that are challenged ing, he told me by phone Friday, the possi- was the Burmese Deputy Chief of Mis- bility of removing the country from the list sion here in Washington. He wrote a to find resourceful ways to do more of state sponsors of terrorism after the re- letter to the Secretary of State re- with less in order to provide services to lease of Mr. Gross—the foreign minister questing political asylum and, accord- those in need in their communities. ‘‘slammed me three ways: one, no seeing ing to press reports, in the letter, he One such organization that is still Alan Gross; no getting him out; and no see- stated as follows: making a significant difference is the ing Raul Castro.’’ What happened was very predictable. The My efforts to improve bilateral ties have Arlington Food Assistance Center, ‘‘loosened travel restrictions’’ and increased been continually rejected and resulted in my AFAC. For over 20 years the AFAC has ‘‘remittances [from] Cuban-Americans’’ that being deemed dangerous by the government. partnered with local churches, schools Mr. Richardson cited as signs of Mr. Obama’s Because of this, I am also convinced and live and social service agencies to assist willingness to deal are read as weakness by in fear that I will be prosecuted for my ac- over 1,200 families weekly with their the bullying regime. It has something, i.e., tions, efforts, and beliefs when I return to basic food needs. Last year the AFAC somebody, the U.S. wants back very badly, Naypyidaw after completing my tour of duty was able to distribute over 2.3 million and the administration acts as if it is power- here. The truth is that senior military offi- pounds of food directly to Arlington less. Why should Castro deal? cials are consolidating their grip on power Mr. Richardson did even less for Cuba’s dis- and seeking to stamp out the voices of those community residents. Community sup- sidents. One Richardson pearl of wisdom, seeking democracy, human rights, and indi- port of AFAC and thousands of organi- shared on CNN, was that Cuba’s ‘‘human- vidual liberties. zations like it across the country is in- rights situation has improved.’’ In fact, These words do not come from a tegral to their ability to provide the human rights in Cuba are rapidly deterio- Western government or an NGO; they necessary services to those most in rating. To claim otherwise is to abandon the come from a senior Burmese diplomat. need. We must continue to give our island’s brave democrats when they most His words make clear that the demo- support. need international solidarity. cratic trappings of the ‘‘new’’ regime I hope my colleagues will join me in Ask Sonia Garro, pictured in the nearby are in many ways just a fac¸ade. recognizing the Arlington Food Assist- photo (See accompanying photo—WSJ Octo- Finally, it is worth noting that there ance Center and the many other orga- ber 3, 2011) . . . For years Ms. Garro has de- nounced the regime’s discrimination against remain important security consider- nizations like it, as well as the impor- Afro-Cubans. Despite her own poverty, in ations that must be addressed before tance of our commitment to addressing 2007 she created a recreation center in her ending sanctions. The junta’s increas- the problem of hunger across the Na- home for poor, unsupervised children, ac- ingly close bilateral military relation- tion. cording to a report by an independent Cuban

VerDate Mar 15 2010 01:39 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.003 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6041 journalist. One of her goals: to get young Working for VISTA is what brought Colonel Watkins’ experiences in girls out of prostitution. Ms. Garro is also a Mary Ellen to Montana where she met those tours were a benefit when he as- member of Ladies in Support, a group that and married her husband Ray of 34 sumed the directorship of the Air pledges solidarity to the Ladies in White, years. A few years later they moved to which was founded by the wives, sisters and Force’s Congressional Budget and Ap- mothers of political prisoners in 2003 to work Kalispell where she worked for the propriations Liaison Office. In that for their liberation. school system and the mentally dis- role, Colonel Watkins directed all Air In October 2010, Ms. Garro was detained by abled children of Flathead Valley be- Force appropriations liaison work on state security and held for seven hours. She fore her work in the U.S Senate. Mary the Hill, including arranging key en- emerged from the ordeal with a broken nose. Ellen’s compassion to others resonates gagements for Air Force senior leaders Another woman taken into custody with Ms. in her dedication to her family, com- with Members of Congress and helping Garro had her arm broken. munity and the constituents of Mon- The nongovernmental organization Capitol to prepare their testimony during Ap- Hill Cubans has reported that in the first 12 tana. Mary Ellen has helped thousands propriations Committee hearings. In days of September, authorities detained 168 of Montanans work their way through each of those engagements, Colonel peaceful activists. These ‘‘express deten- Social Security, Medicare, and other Watkins served as the Air Force point tions’’ are designed to break up dissident issues throughout the years. Her calm, man for working with the Congress on gatherings, which risk spreading noncon- nurturing character and commitment all budgetary and appropriations formist behavior. Locking up offenders for to helping others have benefitted thou- issues. His office also supports congres- long periods would be preferable, but the re- sands of Montanans throughout her 18 gime wants people like Mr. Richardson to go sional delegation trips and Colonel years of service. Watkins accompanied me on an impor- around saying that human rights have im- A few years ago when Mary Ellen’s tant trip to Russia. proved. The regime is also making greater two sons were graduating from college, use of civilian-clothed ‘‘rapid response’’ bri- I have been impressed with many of I told her that graduations and wed- gades that are trained, armed and organized the staff that Colonel Watkins led dur- dings were important events and need- to beat up democracy advocates. ing his tenure as Director of the Air Mr. Richardson told me he considers ed to be celebrated. The same is true of Force Congressional Budget and Appro- Cuba’s record improved because 52 political retirements. Mary Ellen will be enjoy- priations Liaison Office, which I find to prisoners were sent to Spain in 2010. Yet exil- ing her hours with her family, includ- be the mark of an outstanding leader ing promising opposition leadership hardly ing her son Matthew in Kalispell, son qualifies as a humanitarian gesture. Nor are and manager. I am sure that my col- George and daughter-in-law Monica in gruesome Cuban prisons anything to ignore. leagues join me in expressing our ap- Last month in a speech in New York, one DC, her 90-year-old father, Leo Hol- land, and visiting her first grandchild preciation to Colonel Watkins for his former prisoner, Fidel Suarez Cruz, described service to the Air Force and to the his seven years and seven months of solitary Dominic who was born on Mary Ellen’s confinement, including two years and eight birthday January 24 of this year. Mary Congress. On the occasion of his reas- months in a cell with no windows, ventila- Ellen, congratulations, good luck, and signment to command the Mission Sup- tion or artificial light. One favorite pastime enjoy your retirement. Thank you for port Group at Little Rock Air Force of his torturers: Four military men would your many years of service in my of- Base in Arkansas, I wish Colonel Wat- pick him up and then drop him on the floor. fice, the U.S. Senate, the community of kins, his wife Kelly, and his children His testimony, posted on Capitol Hill Cubans all the very best in the years to come. website, is required viewing for anyone who Kalispell, and countless Montanans for doubts the evil nature of this regime. your tireless work to help others. We f Nevertheless, Cuba’s dissidents remain re- are sure going to miss you, your tal- TRIBUTE TO HOWARD FRANK lentless, and there are signs that the regime ents, and your warm and accommo- MOSHER is giving up on the express-detention strat- dating personality. egy. Fearless democracy advocate Sara Mary Ellen is proud of her Irish her- Mr. LEAHY. Mr. President, one of Marta Fonseca and her husband Julio Leon itage so I would like to end with this the great treasures of Vermont is How- Perez have been in jail since Sept. 24. Ms. Irish Retirement Blessing: ard Frank Mosher. Mr. Mosher is a Fonseca’s son has seen her and says she is writer who knows and understands May you always have work black and blue all over and has an injury to Vermont, and in books like ‘‘Where her spinal column. Word is the regime is pre- for your hands to do. paring to charge the couple; 11 other dis- May your pockets hold The Rivers Flow North,’’ he makes any sidents are awaiting trial. Meanwhile, Yris always a coin or two. Vermonter know they are home. Perez Aguilera, the wife of the prominent May the sun shine bright A recent article in The Burlington dissident Jorge Luis Garcia Perez on your windowpane. Free Press by Sally Pollak speaks to ‘‘Antunez,’’ and two peers were detained on May the rainbow be certain the man he is, and I would like to take Sept. 26. Their whereabouts are unknown. to follow each rain. this opportunity to share this with the Any hope of protecting these patriots lies May the hand of a friend Senate. in international condemnation. Mr. Richard- always be near you. son could help by returning to CNN to cor- And may God fill your heart Mr. President, I ask unanimous con- rect the record. with gladness to cheer you. sent to have printed in the RECORD, the article to which I referred. f f There being no objection, the mate- TRIBUTE TO MARY ELLEN NELSON TRIBUTE TO COLONEL TRACEY L. rial was ordered to be printed in the Mr. BAUCUS. Mr. President, 18 years WATKINS, USAF RECORD, as follows: ago, Mary Ellen Nelson started in my Mr. LEAHY. Mr. President, I wish to [From the Burlington Free Press] Kalispell office. In that time, Mary recognize the service of COL Tracey L. ALL ROADS LEAD TO KINGDOM COUNTY Ellen earned the respect and admira- Watkins of the U.S. Air Force on the tion of her colleagues both in my of- occasion of his reassignment from the (By Sally Pollak) fices across the State, in Washington, Air Force Congressional Budget and (Vermont author Howard Frank Mosher DC and with the Finance Committee. Appropriations Liaison Office and to has lived in the Northeast Kingdom since Staff always enjoyed getting the 1964 and the region is character-like in his say hail and farewell. books. Free Press Staff Writer Sally Pollak chance to talk with Mary Ellen and Colonel Watkins graduated from the and Free Press photographer Glenn Russell hear her words of wisdom. I have treas- Citadel in 1991 and since then has spent a day traveling the roads in the north ured her caring nature and thoughtful served in a variety of comptroller as- country with Mosher, listening to his stories advice and am grateful for all her hard signments across the Air Force. He has and discovering his sense of place.) work over the years. It is important to held leadership positions at all field IRASBURG—The tan Nissan rolling down the note: my staff members don’t just work and staff levels, including assignments dirt road in Brownington came to a slow for me—they work for all Montanans. in personnel, logistics, and operational stop, and the man behind the wheel surveyed Mary Ellen has served the young, the planning. Colonel Watkins’ time in the the shallows and grooves of mud in front of old, the successful, the downtrodden, him. The place he wanted to go was on the Air Force has included three joint far side of the mud pit, and up a small hill and Montanans of all political stripes. tours: on the Joint Staff, as part of that curved out of sight. It has been an honor to have her on Combined Joint Task Force 76 in Uz- Two men with trucks were on the other staff and to work together for the bekistan, and in the Multi National side of the mud ravine. The Nissan driver left State we cherish. Corps in Iraq. his car to approach the men. I was in the

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.027 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6042 CONGRESSIONAL RECORD — SENATE October 3, 2011 back seat of the Nissan. Glenn Russell, a The kid thing involved a surprise and re- give him a kick, persuaded Mosher he had Free Press photographer, had the front seat. curring attack of carsickness: no fun! On the found his living and writing place. (‘‘Imagine Through the window, we watched the three upside, it meant that as a passenger of if Faulkner got here first,’’ he said.) locals talk mud, and discussed if we’d try to Mosher’s, even a newcomer from Burlington, WISE PEOPLE OF THE KINGDOM forge the muddy road if we were driving. No I was given a free pass to the Kingdom, em- Mosher found, in the woods and village, way, I said. braced by the old timers on Moore Lane. not just stories, but wisdom and guidance Glenn said he might if he were Howard Like a kid who (still) believes in the and important friendship—in particular from Frank Mosher, our tour guide that day. grownups up front, I saw the world through two people. As a pair, the two are as improb- Mosher knows the people and trucks around the eyes and observations of the driver— able as Mosher’s talking turtle or spire- here; he can always get a tow. which thankfully transcended my own hazy climbing tomboy. Mosher, meanwhile, had made another ar- vision. As we pulled out of the driveway of James Hayford, who died in 1993 at age 79, rangement. his Irasburg home, not far from the town was a Montpelier-born poet who settled in If he couldn’t get to the other side of the green, Mosher enticed us. First stop, he said, Orleans, where he had a teaching career. mud, where Margery Moore, 91, his longtime was a place he’d had an ‘‘epiphany.’’ Hayford studied poetry with Robert Frost at friend lives, then Moore would come to him. What and where it was, we’d find out when Amherst College, and captured the life of his One of the men Mosher had been talking to we arrived at the scene: Orleans’ sleepy main village in verse. was her son, Michael; he’d pick up his moth- street. This is going to be a fun trip, I The memory of meeting Hayford, at a er in his truck and drive her through the thought. Anyone who can have an epiphany teachers’ party in Orleans, is as vivid as the mud to Mosher. in downtown Orleans, is the right person to day his kids were born, Mosher said. While we waited for Moore to arrive, ride with. Hayford, a scholar of Vermont, assured Mosher, 68, told us stories. Delightful and en- The street was deserted the day Mosher steered his grandfather’s Super 88 Olds- Mosher he would find his voice as a novelist. gaging tales—warm and humorous, with a Frost had assured Hayford he would find mobile into town. He and Phillis, farm kids north country bite. The kind of stories you his poet’s voice, Mosher said. from upstate New York barely in their 20s, might read in his Kingdom County novels. From Moore, a close friend, he heard real were in Orleans to interview for teaching And now here we were, deep in the North- life stories of traveling in a boxcar with a jobs. east Kingdom on Moore Lane in menagerie of animals, of cooking in a lumber Brownington, waiting to meet a woman of The Kingdom quiet was busted that day by two rough-looking drunks in fisticuffs, fight- camp and waitressing in a dance hall. He Mohawk ancestry, whom Mosher got to heard a different voice assure him he’d find know 47 years ago, his first year in the King- ing their way down the otherwise empty street. Mosher rolled down his window to his way. dom. After her first marriage fell apart, Moore speak a sentence that revealed the budding She showed up in a big blue rig to say allowed herself to cry only after her sow’s wordsmith within: ‘‘Could one of you gentle- hello. Her son lifted her from his truck and 13th—and final—piglet was born. men please tell me how to get to the high helped her into a wheelchair. Moore greeted ‘‘Margie, my girl,’’ she said to herself. Mosher with a hug. school?’’ We’ll do you one better, promised the ‘‘What have you done with your life?’’ He gave her a copy of his most recent ‘‘And she told me that right when I was brawlers. We’ll take you there. With a wel- novel, ‘‘Walking to Gatlinburg.’’ After some trying to figure out what to do with mine,’’ come from Mosher, they climbed into the talking, we headed back to the Nissan. Mosher said. backseat of the Oldsmobile and directed the Michael Moore called to us as we walked to In their ways, characterized by a fierce the car: ‘‘Don’t let Howard lead you astray teaching recruits to the school. ‘‘I was beginning to get the idea we had independence of mind, Hayford and Moore out here!’’ are among the great people he has known, To read Mosher is to be led, if not astray, come to a special place,’’ Mosher said. Just how special, was soon to be revealed: After geniuses to some degree, Mosher said. then away—to a place that is, at once, in- ‘‘They could’ve gone anywhere, done any- the gentlemen disembarked from Mosher’s vented and familiar, enchanted and real, thing and been anything including president car, Phillis turned around to peek at the made-up and true. of the United States,’’ Mosher said. two. She saw they had started punching each The truth can be found in Mosher’s evo- ‘‘What they wanted to do was live in the other again, and suggested Mosher take a cation of the place he calls Kingdom County, Northeast Kingdom.’’ look. a rugged, rural border landscape where peo- Mosher spoke wise words of his own that ‘‘Well, honey,’’ she said. ‘‘Welcome to the ple scratch out hardscrabble livings, go with- day from the front seat. After asking if we’d Christly Kingdom.’’ out spring, learn to read the woods and riv- like to stop for lunch at McDonald’s—holy ers, build strong allegiances and cast a wary RECITING FROST AT A COVERED BRIDGE moley! McDonald’s in the land of the eye on newcomers. Mosher’s county and the Kingdomy words like Christly—if there’s localvores and I’m carsick!—Mosher said characters who inhabit it are informed by another word like Christly—were flowing something I’ve passed on to my daughter. and created from the landscape and people from the front seat, sprinkling my way that He told Glenn and me he’s never known a around him: He uses for his material a place day. person who pursued an interest in the arts that is distinct and fascinating, yet one Gool, Glenn said. What is that word? and regretted it. that’s been changing—maybe merging with It’s a dam, Mosher said. But he could think of many people who outer and other regions—even as Mosher put At least he thinks it is, and that’s how he turned away from artistic interests and tal- pen to paper: making it last. uses it. He picked it up from the locals many ents, and did. years ago; people talk about taking a walk In Mosher’s 1999 novel, ‘‘The Fall of the GO BACK WHILE YOU CAN Year,’’ the book’s central figure, Father to the gool after supper. George Lecoeur, is writing ‘‘A Short History What about carcajou? Glenn asked. Teachers’ pay wasn’t so great in Orleans of Kingdom Common.’’ Mosher, too, is the ‘‘Wolverine,’’ Mosher replied. back in 1964, Mosher discovered not long author of a history of the Kingdom—his his- We talked about poems and poets and nov- after the drunk brawlers guided him to the tory is contained in the thousands of pages els and writing that day in the car—and out- school. By then, however, he’d had his first that make up his 11 books. side it, too. Kingdom epiphany—and that was clearly The words Mosher uses to describe ‘‘A At a covered bridge in Coventry, which worth something. Still, the working plan was to teach a few Short History,’’ can be applied to his own Mosher noted with appreciation was set afire years, save money and go to graduate school. work. They are narrated by Frank Bennett, after it received historic designation, we Was it possible on a salary of $4,100, and less Father George’s adopted son, as Frank set- talked about Kingdom colors and seasons, than that for Phillis? Sensing hesitation tles down to read the history: ‘‘I could hear poised for change. The novelist recited a from the teaching recruits from upstate New Father George’s voice in my head, hear its poem by Robert Frost: Nature’s first green is York, the superintendent asked the couple if slightly speculative, wry resonance. And at gold, Her hardest hue to hold. they fished. When they answered yes, he that moment, whatever else I still did not Her early leaf’s a flower; But only so an took them to the Barton River. understand about the events of the past sum- hour. The trout were jumping that spring day, mer, I realized that long after the passing of Then leaf subsides to leaf. making their way up river. the hill farms and the big woods and King- So Eden sank to grief, So dawn goes down to ‘‘I looked at Phillis, she looked at me,’’ dom Common as we had known it, these sto- day. Mosher said. The sight of the fish jumping ries would remain: a golden legacy, to me Nothing gold can stay. Switching tenor and tone, Mosher the falls persuaded them to move to Orleans. and to the village, from Father George.’’ launched into a story of a Depression era They accepted the teaching jobs, and taught A SPECIAL PLACE whiskey runner and friend who, fleeing the for a few years before moving to California, Mosher and his wife, Phillis, a retired law, missed the curve at the bridge and where Mosher planned to get his master’s of teacher and school counselor, have lived in wound up in the river. He hid in the river fine arts in writing. He scrapped that plan the Northeast Kingdom since 1964. It is while the feds passed by on the bridge above, after eight days, long enough for a truck where they raised their two children, Jake satisfied his thirst, and finally made his way driver to pull up to the Moshers’ car at Hol- and Annie. Advertisement I was like a kid in to Barre. lywood and Vine in L.A., and deliver a mes- the backseat on a recent drive to the hot Stories like these, which Mosher heard sage on seeing their green license plates. spots of Mosher’s adopted home turf. from Kingdom old-timers and which still ‘‘I’m from Vermont, too,’’ the trucker driver

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.022 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6043 said. ‘‘Go back while you still can.’’ The sto- TRIBUTE TO JACK WILLIAMS ery from the wounds he received from ries Mosher wanted to tell were rich and Mr. BROWN of Massachusetts. Mr. his actions during a firefight in the ready and far from Hollywood and Vine. ‘‘I Arghandab River Valley of Afghani- cut myself off from all my material before I President, I rise today to recognize Jack Williams of Boston, MA. For the stan. understood it well enough to write about it,’’ On September 30, 2010, Corporal Mosher said. They headed home; Mosher to past 30 years, Jack, a well-respected Bixler and his platoon conducted a pa- write, Phillis to teach. ‘‘We knew right away veteran news anchor, has hosted WBZ- trol in the volatile and dangerous re- we had found a gold mine of stories,’’ Mosher TV’s ‘‘Wednesday’s Child’’, the longest- gion to talk with some local elders. said. ‘‘And we found out nobody had written running adoptive-family-recruitment During the mission, Corporal Bixler them. I couldn’t believe it. It took me 15 TV feature in the Nation. Since years or so to begin to figure out how to do was assigned a small team of Afghan ‘‘Wednesday’s Child’’ first aired on it.’’ National Army soldiers to lead. The pa- WBZ in 1981, Jack Williams has used Much of his first novel, ‘‘Disappearances,’’ trol came under heavy enemy fire forc- the weekly news segment to tell the was written in the library/opera house in ing the unit to turn back to safety. Derby Line, a granite and brick building story of more than 1,000 special needs Corporal Bixlers following actions that straddles the U.S.-Canada border. children who are in need of loving, safe are heroic and inspiring. As the patrol Mosher would place half his chair in the and permanent homes. Thanks to turned around, one of the Afghan Army U.S., and half in the foreign country, when Jack’s effort, many of these children he wrote. He sometimes got such a kick from partners stepped outside of the cleared have found ‘‘forever’’ homes with view- path and Corporal Bixler, recognizing his own work, he created a disturbance. Or so ers of the weekly segment. the librarian thought. ‘‘I would burst into the danger ran after the Afghan sol- gales of laughter with each new outrageous Jack Williams has used his notoriety dier. As he attempted to shove the sol- passage,’’ Mosher recalled. ‘‘ ‘ Mr. Mosher,’ and public platform to provide an in- dier back onto the cleared path, he det- he was warned, if you can’t control yourself, valuable service that has changed the onated an IED that caused extensive we will have to ask you to leave.’ ’’ lives of so many children and their damage to his body. Through this cou- KEEP THE KIDS OUT OF THE MILL adoptive parents. ‘‘Wednesday’s Child’’ rageous and selfless action, he saved Talking in hushed library tones in the dual is backed by the Endowment for the life of the Afghan soldier and the nation reading room where he wrote Dis- Wednesday’s Child, an exemplary non- other members of his patrol. For his appearances,’’ Mosher said he was amusing profit with very little overhead and no heroism, he was awarded the Silver himself during the writing of the book. ‘‘But employees. In fact, Jack and Marcie Star. I was also in a state of desperation,’’ he said. are the sole employees of the Endow- Throughout his difficult recovery at ‘‘There’s a degree of desperation about the ment for Wednesday’s Child; they have Walter Reed Army Medical Center, writing.’’ never drawn a salary and run the foun- Corporal Bixler has been an inspiration Decades later, Mosher is amused by the re- dation out of a home office. to those around him and to his unit sponse to ‘‘Disappearances’’ of Wallace The Endowment for ‘‘Wednesday’s Stegner, the famous novelist who lived in that continues its service overseas. Greensboro. Stegner read Mosher’s book to Child’’ is supported by individual and CPL David Bixler has not only met write a possible blurb for the cover. corporate donations including Wendy’s the criteria for the Soldier of the Year Stegner, the story goes, didn’t get too far Restaurants, as well as Volvo, which Award, but eclipsed it. Words cannot before crumpling up the manuscript and donates a vehicle for the ‘‘Win a Volvo, express how proud I am of Corporal throwing it in the fire, announcing: ‘‘This Help ‘‘Wednesday’s Children’’ cam- Bixler and his valor and bravery now book is a hymn to irresponsibility.’’ paign. The endowment has raised and how grateful I am for his service. We ‘‘I didn’t know enough to use it,’’ Mosher donated millions to worthy nonprofits thank him, and all our servicemen and said. that assist with special needs adop- women, for their sacrifice and efforts Mosher drove us past the place in Irasburg tions. Among these are the Massachu- on our behalf.∑ that would serve as a springboard for per- setts Adoption Resource Exchange and haps his best known story: the house where f a black minister was living in the summer of group homes including the Walker Home, St. Ann’s Home in Methuen and AMERICAN ACADEMY OF ARTS 1968, when his home was shot at. The racial AND SCIENCES shooting, which came to be called the the Italian Home for Children in Ja- Irasburg Affair, informed Mosher’s 1989 maica Plain. ∑ Mr. KERRY. Mr. President, today I novel, ‘‘A Stranger in the Kingdom.’’ I also thank WBZ-TV for being exem- wish to commend the American Acad- We visited, too, a place that will figure in plary stewards of the public airwaves emy of Arts and Sciences on the occa- the book Mosher is writing. His forthcoming in allowing Jack to use his position for sion of the institution’s October 1, 2011, novel also has a black man as a central char- such a noble cause. induction ceremony for the 231st class acter: Alexander Twilight, believed to be the On November 6, the Massachusetts of members in Cambridge, MA. These first black person in the country to graduate 211 new members earned election to the from college (Middlebury, 1823). Adoption Resource Exchange, other American Academy of Arts and We walked outside the wonderful stone Wednesday’s Child beneficiaries and schoolhouse, reminiscent of the Middlebury Wednesday’s Child ‘‘alumni’’ will gath- Sciences for extraordinary individual campus, Twilight designed and built on a er to honor Jack Williams’ 30 years of achievement and are among the world’s quiet plateau in Brownington. Twilight was service to Massachusetts’ foster chil- most influential artists, scientists, principal of the school, and a minister and dren in need of permanent homes. I scholars, authors, and institutional state legislator. join them in congratulating Jack and leaders. In accepting membership into ‘‘He had a dream,’’ Mosher said of Twi- Marcie and all those who support the American Academy of Arts and light. Wednesday’s Child for their hard work Sciences, these individuals agreed to ‘‘There’s no doubt about it.’’ and generosity. contribute their talents, experience, When the Moshers started teaching in Or- and knowledge to help the academy ad- f leans, they were instructed by the district vance the Nation’s social welfare. superintendent to ‘‘keep the kids out of the ADDITIONAL STATEMENTS The American Academy of Arts and mill.’’ The administrator was referring to the Ethan Allen furniture factory, which ap- Sciences is an august, quintessentially American institution founded by Mas- pears in Mosher’s novels as American Herit- TRIBUTE TO CORPORAL DAVID J. age. sachusetts’ own John Adams and other BIXLER Mosher, whose first apartment was next to scholar-patriots during our Nation’s the mill, said he heard the words ‘‘keep the ∑ Mr. BOOZMAN. Mr. President, today struggle for independence. The Amer- kids out of the mill; keep the kids out of the I honor Corporal David J. Bixler for his ican Academy of Arts and Sciences is mill’’ rise in rhythmic chant from the courage, heroism and selfless dedica- currently chaired by Louis W. Cabot plant’s vents outside his window. tion to the U.S. Army and his fellow and led by President Leslie C. It is unlikely the long-ago superintendent, soldiers. Berlowitz and is a vital center of issuing that directive, had in mind the man- CPL David J. Bixler of Harrison, AR, ner by which Mosher would fulfill the man- knowledge focused on the great chal- date. But any Kingdom kid who has found recently received the United Service lenges and concerns of the day, from his way to Mosher’s novels, is transported to Organizations Soldier of the Year science and technology policy to global a place that is true to the mill, and the river Award for distinguishing himself both security; social policy to the human- nearby, yet worlds apart and away. on the battlefield and during his recov- ities; and culture, and education.

VerDate Mar 15 2010 05:15 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.022 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6044 CONGRESSIONAL RECORD — SENATE October 3, 2011 I won’t read all 211 of the new mem- entists have extracted fundamental in- framework for the paradigm of plate bers’ names, but listed among these formation from ice cores, and studies tectonics, which revolutionized the brilliant individuals are; have provided detailed climatological study of Earth and its history. Dr. Daniel Arie Haber, the leading and other environmental data, over a Also included in this group is Robert physician-scientist whose research has geological time period including the Kraft, who is probably best known as focused on the molecular genetics of Holocene and late Pleistocene ages, on the owner of our beloved New England human cancer. He identified genes im- the regional and global conditions ex- Patriots but has also dedicated his life plicated in breast cancer development isting at the time of snow deposit. Re- to advancing science, philanthropy, the and in Wilms’ tumor, a children’s kid- sults reveal man’s impact on the arts, and education. ney cancer. changing environment and long-term Chester C. Langway, Jr., who is re- evidence regarding abrupt global cli- I am including for the RECORD the sponsible for launching the era of deep mate changes and led to discovery of names of all 211 inductees into the ice core drilling programs. He recruited the Dansgaard-Oeschger event. American Academy of Arts and scientists from other disciplines and Dr. W. Jason Morgan, who was the Sciences. I wish them all the best and countries to work on ice cores and col- first to propose that Earth’s surface is thank them for their contribution to laborated closely with them. Con- made up of a number of rigid crustal the knowledge of our Nation. sequently, international teams of sci- blocks, establishing the kinematic The information follows: THE 231ST CLASS OF MEMBERS, AMERICAN ACADEMY OF ARTS AND SCIENCES

Name Affiliation Location

Dr. Richard Warren Aldrich ...... University of Texas at Austin ...... Texas Mr. Paul Gardner Allen ...... Vulcan, Inc...... Washington Dr. Victor Ambros ...... University of Massachusetts Medical School ...... Massachusetts Professor Luc E. Anselin ...... Arizona State University ...... Arizona Professor Frances Hamilton Arnold ...... California Institute of Technology ...... California Dr. Wanda M. Austin ...... Aerospace Corporation ...... California Mr. Jesse Huntley Ausubel ...... Rockefeller University/Alfred P. Sloan Foundation ...... New York Professor Thomas Banks ...... University of California, Santa Cruz/Rutgers, State University of NJ ...... California Professor John Andrew Bargh ...... Yale University ...... Connecticut Professor Mary Beard ...... University of Cambridge ...... United Kingdom Dr. Anna Katherine Behrensmeyer ...... Smithsonian Institution ...... Virginia Professor Roland J.M. Be´nabou ...... Princeton University ...... New Jersey The Honorable Douglas Joseph Bennet, Jr...... Wesleyan University ...... Connecticut Professor Marsha J. Berger ...... Courant Institute of Mathematical Sciences, New York University ...... New York Professor Timothy J. Besley ...... London School of Economics and Political Science ...... United Kingdom Dr. Clara Derber Bloomfield ...... Ohio State University ...... Ohio Professor Philip V. Bohlman ...... University of Chicago ...... Illinois Mr. Yves Bonnefoy ...... Paris, France ...... France Dr. Melissa Foster Bowerman ...... Max-Planck-Institut fu¨r Psycholinguistik ...... The Netherlands Mr. Dave Brubeck ...... Wilton, Connecticut ...... Connecticut Dr. Anthony S. Bryk ...... Carnegie Foundation for the Advancement of Teaching ...... California Mr. John E. Bryson ...... Edison International ...... California Mr. Kenneth L. Burns ...... Florentine Films ...... New Hampshire Dr. R. Paul Butler ...... Carnegie Institution for Science ...... Washington, D.C. Ms. Elizabeth J. Cabraser ...... Lieff Cabraser Heimann & Bernstein LLP ...... California Mr. Thomas P. Campbell ...... Metropolitan Museum of Art ...... New York Dr. James Ireland Cash, Jr...... Harvard Business School ...... Massachusetts Dr. Francisco G. Cigarroa ...... University of Texas System ...... Texas Professor Edmund Melson Clarke ...... Carnegie Mellon University ...... Pennsylvania Professor James Clifford ...... University of California, Santa Cruz ...... California Professor Geoffrey W. Coates ...... Cornell University ...... New York Mr. Ernest H. Cockrell ...... Cockrell Interests, Inc./Cockrell Foundation ...... Texas Mr. Leonard Norman Cohen ...... Montreal, Canada ...... California Professor Timothy J. Colton ...... Harvard University ...... Massachusetts Professor Robert K. Colwell ...... University of Connecticut ...... Connecticut Professor David Paul Corey ...... Harvard Medical School/HHMI ...... Massachusetts Professor Stanley A. Corngold ...... Princeton University ...... New Jersey Professor Robert Howard Crabtree ...... Yale University ...... Connecticut Dr. George William Crabtree ...... Argonne National Laboratory/University of Illinois at Chicago ...... Illinois Professor Peter W. Culicover ...... Ohio State University ...... Ohio Dr. George Q. Daley ...... Children’s Hosp. Cancer Inst./HMS/HHMI ...... Massachusetts Dr. Chi Van Dang ...... Johns Hopkins University School of Medicine ...... Maryland Professor Marcetta York Darensbourg ...... Texas A&M University ...... Texas Mr. Daniel Michael Blake Day-Lewis ...... New York, New York ...... New York Professor Juan Jose´ de Pablo ...... University of Wisconsin-Madison ...... Wisconsin Baron David de Rothschild ...... Rothschild Group ...... France Dr. Raymond J. Deshaies ...... California Institute of Technology/HHMI ...... California Dr. Vishva Dixit ...... Genentech, Inc...... California Ambassador Edward P. Djerejian ...... Rice University; Djerejian Global Consultancies, LLP ...... Texas Dr. John P. Donoghue ...... Brown University ...... Rhode Island Professor Steven Neil Durlauf ...... University of Wisconsin-Madison ...... Wisconsin Mr. Bob Dylan ...... Malibu, California ...... California Professor Penelope Dorothy Eckert ...... Stanford University ...... California Dr. Jonathan A. Epstein ...... University of Pennsylvania, Perelman School of Medicine ...... Pennsylvania Professor Alex Eskin ...... University of Chicago ...... Illinois Dr. Edward W. Felten ...... Princeton University ...... New Jersey Dr. Russell Dawson Fernald ...... Stanford University ...... California Professor Martha Finnemore ...... George Washington University ...... Washington, D.C. Professor Claude S. Fischer ...... University of California, Berkeley ...... California Professor Philip Fisher ...... Harvard University ...... Massachusetts Professor Nancy Foner ...... City University of New York, Hunter College and The Graduate Center ...... New York Professor Catherine S. Fowler ...... University of Nevada ...... Nevada Professor Scott E. Fraser ...... California Institute of Technology ...... California Dr. Joseph Francis Fraumeni, Jr...... National Cancer Institute, National Institutes of Health ...... Maryland Professor Glenn H. Fredrickson ...... University of California, Santa Barbara ...... California Dr. Julio Frenk ...... Harvard School of Public Health ...... Massachusetts Professor Sarah A. Fuller ...... State University of New York at Stony Brook ...... New York Mr. Thomas W. Gaehtgens ...... Getty Research Institute ...... California Professor Franklin I. Gamwell ...... University of Chicago Divinity School ...... Illinois Professor Daniel E. Garber ...... Princeton University ...... New Jersey Professor Sylvester James Gates, Jr...... University of Maryland ...... Maryland Professor Sharon C. Glotzer ...... University of Michigan ...... Michigan Professor Annette Gordon-Reed ...... Harvard University/HLS/Radcliffe Institute ...... Massachusetts Dr. Maxwell E. Gottesman ...... Columbia University Medical Center ...... New York Mr. Hugh Grant ...... Monsanto Company ...... Missouri Mr. Paul Anthony Griffiths ...... Manorbier, United Kingdom ...... United Kingdom Professor Sol Michael Gruner ...... Cornell University ...... New York Mr. John Guare ...... New York, New York ...... New York Mr. Robert D. Haas ...... Levi Strauss & Company/Levi Strauss Foundation ...... California Dr. Daniel Arie Haber ...... Harvard Medical School/Massachusetts General Hospital/HHMI ...... Massachusetts Professor Jacquelyn Dowd Hall ...... University of North Carolina at Chapel Hill ...... North Carolina Reverend Ray A. Hammond ...... Bethel African Methodist Episcopal Church ...... Massachusetts Professor Martin P. Head-Gordon ...... University of California, Berkeley ...... California Professor Jeffrey Henderson ...... Boston University ...... Massachusetts Professor James Higginbotham ...... University of Southern California ...... California Mr. Robert F. Higgins ...... Highland Capital Partners/Havard Business School ...... Massachusetts

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.011 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6045 THE 231ST CLASS OF MEMBERS, AMERICAN ACADEMY OF ARTS AND SCIENCES—Continued

Name Affiliation Location

Dr. Katherine Ann High ...... University of Pennsylvania, Perelman School of Medicine ...... Pennsylvania Professor Oscar Hijuelos ...... Duke University ...... New York Dr. Okihide Hikosaka ...... National Eye Institute ...... Maryland Mr. Edward Hoagland ...... Edgartown, MA ...... Vermont Dr. E. Brooks Holifield ...... Emory University ...... Georgia Mrs. Jenny Holzer ...... Hoosick Falls, New York ...... New York Dr. Eric Joel Horvitz ...... Microsoft Research ...... Washington Professor Thomas Yizhao Hou ...... California Institute of Technology ...... California Dr. Leah H. Jamieson ...... Purdue University ...... Indiana Professor Jay H. Jasanoff ...... Harvard University ...... Massachusetts Professor Farish Alston Jenkins, Jr...... Harvard University ...... Massachusetts Mr. W. Thomas Johnson, Jr...... Cable News Network ...... Georgia Mr. Alex S. Jones ...... Harvard Kennedy School ...... Massachusetts Professor Michael I. Jordan ...... University of California, Berkeley ...... California Professor Marcel Kahan ...... New York University School of Law ...... New York Professor Frances Myrna Kamm ...... Harvard University/Harvard Kennedy School ...... Massachusetts Dr. Linda P.B. Katehi ...... University of California, Davis ...... California Professor Kazuya Kato ...... University of Chicago ...... Illinois Professor Jonathan N. Katz ...... California Institute of Technology ...... California Professor Thomas Forrest Kelly ...... Harvard University ...... Massachusetts Professor J. Mark Kenoyer ...... University of Wisconsin-Madison ...... Wisconsin Dr. Talmadge Everett King, Jr...... University of California, San Francisco ...... California Dr. Robert E. Kingston ...... Harvard Medical School/Massachusetts General Hospital ...... Massachusetts Professor Joseph Klafter ...... Tel Aviv University ...... Israel Dr. Steven Knapp ...... George Washington University ...... Washington, D.C. Mr. Robert Kraft ...... The Kraft Group ...... Massachusetts Professor David I. Laibson ...... Harvard University ...... Massachusetts Professor Chester Charles Langway, Jr...... State University of New York at Buffalo ...... Massachusetts Dr. Lewis Lee Lanier ...... University of California, San Francisco ...... California Professor L. Gary Leal ...... University of California, Santa Barbara ...... California Dr. Andrei Dmitriyevich Linde ...... Stanford University ...... California Professor John A. List ...... University of Chicago ...... Illinois Professor Beatrice Longuenesse ...... New York University ...... New York Professor William Roger Louis ...... University of Texas at Austin ...... Texas Mr. Morton Mandel ...... Parkwood Corporation/Mandel Foundation ...... Ohio Professor Todd Joseph Martinez ...... Stanford University ...... California Dr. Raghunath A. Mashelkar ...... Global Research Alliance; CSIR ...... India Professor Mark A. Mazower ...... Columbia University ...... New York Mr. Bill McKibben ...... Middlebury College ...... Vermont Professor H. Jay Melosh ...... Purdue University ...... Indiana Professor Louis Menand ...... The New Yorker/Harvard University ...... Massachusetts Dr. Jeffrey H. Miller ...... University of California, Los Angeles ...... California Professor Geoffrey P. Miller ...... New York University School of Law ...... New York Dr. Chad A. Mirkin ...... Northwestern University ...... Illinois Dame Helen Mirren ...... London, United Kingdom ...... United Kingdom Professor Margaret M. Mitchell ...... University of Chicago Divinity School ...... Illinois Professor Gregory Winthrop Moore ...... Rutgers, The State University of New Jersey ...... New Jersey Dr. W. Jason Morgan ...... Harvard University/Princeton University ...... Massachusetts Dr. Richard I. Morimoto ...... Northwestern University ...... Illinois Dr. Ellen Mosley-Thompson ...... Ohio State University ...... Ohio Mr. Alan Roger Mulally ...... Ford Motor Company ...... Michigan Professor Shree K. Nayar ...... Columbia University ...... New York Dr. William Barlow Neaves ...... Stowers Institute for Medical Research ...... Missouri Professor Ei-ichi Negishi ...... Purdue University ...... Indiana Professor Ann E. Nelson ...... University of Washington ...... Washington Professor Dr. Angelika Neuwirth ...... Freie Universitat Berlin ...... Germany Dr. Katherine S. Newman ...... Johns Hopkins University ...... Maryland Professor Dr. Svante Pa¨a¨bo ...... Max-Planck-Institut fu¨r evolutiono¨re Anthropologie ...... Germany Dr. David Conrad Page ...... Massachusetts Institute of Technology/HHMI ...... Massachusetts Professor Scott E. Page ...... University of Michigan ...... Michigan Professor David G. Pearce ...... New York University ...... New York Professor Monika Piazzesi ...... Stanford University ...... California Professor Hugh David Politzer ...... California Institute of Technology ...... California Professor Trevor Douglas Price ...... University of Chicago ...... Illinois Mrs. Roberta Cooper Ramo ...... Modrall Sperling ...... New Mexico Professor Peter B. Reich ...... University of Minnesota ...... Minnesota Dr. Robert D. Reischauer ...... Urban Institute ...... Maryland Professor David N. Reznick ...... University of California, Riverside ...... California Sir Adam Roberts ...... British Academy/ University of Oxford ...... United Kingdom Dr. Malcolm Austin Rogers ...... Museum of Fine Arts, Boston ...... Massachusetts Professor Thomas Romer ...... Princeton University ...... New Jersey Professor C. Brian Rose ...... University of Pennsylvania ...... Pennsylvania Dr. Rodney J. Rothstein ...... Columbia University Medical Center ...... New York Dr. Martine F. Roussel ...... St. Jude Children’s Research Hospital/University of Tennessee ...... Tennessee Dr. Roberta L. Rudnick ...... University of Maryland ...... Maryland Dr. David W. Russell ...... University of Texas Southwestern Medical Center ...... Texas Professor Laurent Saloff-Coste ...... Cornell University ...... New York Professor Larry Samuelson ...... Yale University ...... Connecticut Professor Michael Scammell ...... Columbia University ...... New York Professor Michael H. Schill ...... University of Chicago Law School ...... Illinois Dr. Amita Sehgal ...... University of Pennsylvania, Perelman School of Medicine/HHMI ...... Pennsylvania Professor Louis Michael Seidman ...... Georgetown University ...... Washington, D.C. Dr. Sybil Putnam Seitzinger ...... Royal Swedish Academy of Sciences ...... Sweden Dr. Patricia Griffiths Selinger ...... IBM Almaden Research Center ...... California Professor Eric Ursell Selker ...... University of Oregon ...... Oregon Professor James S. Shapiro ...... Columbia University ...... New York Professor Kevan M. Shokat ...... University of California, San Francisco/HHMI ...... California Professor Peter Williston Shor ...... Massachusetts Institute of Technology ...... Massachusetts Mr. Paul Simon ...... New York, New York ...... New York Professor P. Adams Sitney ...... Princeton University ...... New Jersey Dr. David J. Skorton ...... Cornell University ...... New York Dr. Bruce David Smith ...... Smithsonian Institution ...... Virginia Professor Eduardo E. M. Souto de Moura ...... Universidade do Porto/Souto Moura-Arquitectos SA ...... Portugal Dr. Debora L. Spar ...... Barnard College ...... New York Professor Gabrielle M. Spiegel ...... Johns Hopkins University ...... Maryland Professor Charles Haines Stewart III ...... Massachusetts Institute of Technology ...... Massachusetts Professor Howard A. Stone ...... Princeton University ...... New Jersey Dr. Gisela T. Storz ...... National Institutes of Health ...... Maryland Professor Thomas J. Sugrue ...... University of Pennsylvania ...... Pennsylvania Dr. Wesley I. Sundquist ...... University of Utah ...... Utah Professor Michael K. Tanenhaus ...... University of Rochester ...... New York Dr. Ann Taves ...... University of California, Santa Barbara ...... California Professor Herbert F. Tucker ...... University of Virginia ...... Virginia Professor Christopher R. Udry ...... Yale University ...... Connecticut Ms. Luisa Valenzuela ...... Buenos Aires, Argentina ...... Argentina Mr. Michael R. Van Valkenburgh ...... Michael Van Valkenburgh Associates, Inc., Landscape Architects P.C...... New York Mr. J. Mario Pedro Vargas Llosa ...... Madrid, Spain ...... Spain Professor Lothar von Falkenhausen ...... University of California, Los Angeles ...... California Professor Brian A. Wandell ...... Stanford School of Medicine ...... California Dr. Jean Yin Jen Wang ...... University of California, San Diego ...... California Mr. Samuel A. Waterston ...... West Cornwall, Connecticut ...... California Professor Sandra Robin Waxman ...... Northwestern University ...... Illinois

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.048 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6046 CONGRESSIONAL RECORD — SENATE October 3, 2011 THE 231ST CLASS OF MEMBERS, AMERICAN ACADEMY OF ARTS AND SCIENCES—Continued

Name Affiliation Location

Professor Daniel Merton Wegner ...... Harvard University ...... Massachusetts Professor Barbara Weinstein ...... New York University ...... New York Mr. Miles D. White ...... Abbott ...... Illinois Professor Henry S. White, Jr...... University of Utah ...... Utah Dr. Marvin Pete Wickens ...... University of Wisconsin-Madison ...... Wisconsin Professor Avi Wigderson ...... Institute for Advanced Study ...... New Jersey Mr. Robert Wilson ...... Watermill Center/The Byrd Hoffman Watermill Foundation ...... New York Professor Hisashi Yamamoto ...... University of Chicago ...... Illinois Professor Stephen Campbell Yeazell ...... University of California, Los Angeles School of Law ...... California Dr. Shigeyuki Yokoyama ...... Riken Systems and Structural Biology Center ...... Japan Professor Yuk Ling Yung ...... California Institute of Technology ...... California Professor James C. Zachos ...... University of California, Santa Cruz ...... California Professor Shoucheng Zhang ...... Stanford University ...... California Professor Shou-Wu Zhang ...... Columbia University ...... New Jersey•

TRIBUTE TO DR. ALFONSO proximately one third of all Vet Center management governance structure and BATRES staff had served in Iraq or Afghanistan. established systems that allowed VA to ∑ Mrs. MURRAY. Mr. President, I In addition, vet centers are located in spend money more wisely and improve would like to take a moment today to convenient locations within commu- services to veterans. recognize Dr. Alfonso Batres with the nities that possess a large population I appreciate Mr. Grams’ hard work of underserved veterans. The programs Department of Veterans Affairs for his and dedication at VA, and I am so are constantly adapting to meet the dedicated service to our Nation’s vet- pleased that his extraordinary talents evolving needs of veterans and have ∑ erans. Dr. Batres is a Vietnam veteran and effort have been recognized. strict protections in place in order to who now serves as the chief officer for f ensure maximum privacy for veterans. Readjustment Counseling Service, This is a truly revolutionary method of TRIBUTE TO THEODORE M. where he has devoted his career to delivering services and Dr. Batres’ vi- DOLNEY building a national network of commu- sion, along with his natural propensity ∑ Mr. TESTER. Mr. President, today I nity-based vet centers. At these vet to foster young talent, have proven in- honor Theodore M. Dolney, a veteran centers, veterans can obtain coun- valuable in its success. of World War II and a member of this seling, job assistance, and medical re- Dr. Batres’ selfless service on behalf Nation’s Greatest Generation. ferrals, in addition to other services. of our Nation’s veterans has greatly Mr. Dolney, on behalf of all Mon- Dr. Batres was recently awarded a improved the lives of many, and I am tanans and all Americans, I stand to 2011 Samuel J. Heyman Service to so pleased to see his achievements rec- say ‘‘thank you’’ for your service to America Medal from the Partnership ognized.∑ this Nation. for Public Service. The award, also f I am proud to share Mr. Dolney’s known as a ‘‘Sammy,’’ is awarded an- story of heroism, because like so many TRIBUTE TO W. TODD GRAMS nually to exceptional Federal employ- others, it is a story that should never ees. Specifically, Dr. Batres was award- ∑ Mrs. MURRAY. Mr. President, I be forgotten. ed the 2011 Career Achievement Medal, would like to take a moment today to Ted Dolney joined the Army in April which recognizes a Federal employee recognize W. Todd Grams for his serv- of 1941, after spending the first 19 years for significant accomplishments ice to our Nation’s veterans. Mr. of his life growing up on his family throughout a lifetime of achievement Grams serves as the chief financial of- farm in Glenville, SD. After training, in public service. ficer and executive in charge for the the Army sent Mr. Dolney to northern Under Dr. Batres’ leadership, the Office of Management at the Depart- Africa. In February of 1943, German number of vet centers across the coun- ment of Veterans Affairs, VA, where he troops captured him and took him as a try has dramatically expanded from 200 has led the effort to improve the provi- prisoner of war. to 300 in an effort to meet the growing sion of benefits for our veterans Mr. Dolney spent 27 months more needs of hundreds of thousands of com- through efficient financial manage- than 2 years of his life imprisoned by bat veterans and their families. In ad- ment. Nazis. Mr. Dolney was moved from dition, Dr. Batres created and launched Mr. Grams was recently awarded the place to place in Germany. Conditions 50 mobile vet centers, greatly improv- prestigious 2011 Samuel J. Heyman were cruel and brutal. Food was scarce. ing the access to services available to Service to America Management Excel- In fact, Mr. Dolney says many Amer- veterans. Dr. Batres also developed the lence Medal from the Partnership for ican POWs would have died if it had Combat Call Center, a national call-in Public Service. The award, also known not been for supplemental food pack- service where combat veterans can call as a ‘‘Sammy,’’ is one of the most im- ages sent by the Red Cross. in to talk to another combat veteran portant annual awards provided to Fed- Because Mr. Dolney knew how to regarding any readjustment issues they eral civil servants who have made a speak German, and because he had the may be facing. significant contribution to our coun- strength to work as a POW on rail- Dr. Batres is an especially deserving try. Mr. Grams was recognized for his roads, he sometimes got extra food. recipient of the Career Achievement leadership in integrating and stream- On the eve of the invasion of Nor- Medal as he has led the Vet Center Pro- lining VA’s operations, reducing costs, mandy, some of the prisoners smuggled gram to provide services to a record and improving delivery of services to in a radio. Hours later, they heard news level of veterans and their family veterans. of the allies landing in France. members. As a result of Dr. Batres’ ef- Mr. Grams is a worthy recipient of Months later, when Germany lost the forts, over 191,000 veterans and their the Management Excellence Medal. In war, the Nazi guards simply ran away. family members visited vet centers his role as VA chief financial officer, Mr. Dolney and the others left on foot nearly 1.3 million times in the year he has demonstrated not only the cour- to find help. After walking several 2010 alone. age, but also the creativity and tenac- days, they finally encountered Amer- Vet centers have proven so successful ity necessary to help VA maximize ican soldiers. And they were sent home due to the unique services they pro- value for our veterans. Along with the as heroes. vide, which seek to treat the whole per- help of his qualified team, Mr. Grams’ Ted Dolney returned to the United son. At vet centers, combat veterans initial push for an in-depth analysis of States. He moved to Montana where he can receive counseling from other com- VA’s financial management priorities met Darlene, his wife of 50 years. He bat veterans who truly understand the allowed VA to serve veterans with worked for three decades as a lineman struggles veterans face. In 2010, ap- higher quality service and care. He re- for the Rural Electrification Adminis- proximately 80 percent of vet center directed resources to lower the cost tration. staff members were veterans, 60 per- and risk for investment for VA. Fur- But Mr. Dolney never received rec- cent were combat veterans, and ap- thermore, Mr. Grams integrated the ognition for his service and sacrifice as

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.048 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6047 a Prisoner of War in World War II. And These medals are presented on behalf from the President of the United throughout his life, he never com- of a grateful nation.∑ States submitting sundry nominations plained. f and withdrawals which were referred to In 1973, his military records were de- the appropriate committees. stroyed by a fire in St. Louis. TRIBUTE TO POSTMASTER (The nominations received today are But after his family reached out to SHAUNA D. ANDREWS printed at the end of the Senate my office, we were able to secure the ∑ Mr. WYDEN. Mr. President, today I proceedings.) medals Mr. Dolney never received. want to recognize and honor Post- f Last month, I had the honor of pre- master Shauna D. Andrews, of Here- senting to Ted, a Bronze Star, and a ford, OR, for her exceptional service to LEGISLATION AND SUPPORTING European-African-Middle-Eastern Cam- her customers and dedication to her DOCUMENTS TO IMPLEMENT THE paign Medal with four Bronze Service neighbors. UNITED STATES-KOREA FREE Stars. Located in eastern Oregon, Hereford TRADE AGREEMENT—PM 24 It was also my honor to present an is a highly rural, unincorporated com- The PRESIDING OFFICER laid be- American Defense Service Medal, and a munity in Baker County. Although fore the Senate the following message World War II Victory Medal. Hereford is unincorporated it has a from the President of the United Last month I also presented to Ted: a post office that serves approximately States, together with accompanying Combat Infantryman Badge First 100 postal patrons. Like many rural reports and papers; which was referred Award, a Good Conduct Medal, and the postmasters, Shauna knows her cus- to the Committee on Finance: tomers well and connects with them on Honorable Service Lapel Button, World To the Congress of the United States: War II. a regular basis; especially older folks I am pleased to transmit legislation These seven medals are small tokens, who don’t have access to the Internet, and supporting documents to imple- but they are powerful symbols of true cell phones, and other conveniences ment the United States-Korea Free heroism, sacrifice, and dedication to that are driving down the traditional Trade Agreement (Agreement), a land- service. use of post offices. In Hereford, the mark agreement that supports Amer- These medals are presented on behalf post office is a place where people send ican jobs, advances U.S. interests, and ∑ of a grateful nation. and receive packages, including mail reflects America’s fundamental values. f order prescriptions and vote by mail. The Agreement levels the playing Over the years, Shauna, who is also a TRIBUTE TO JOHN HORIGAN field for U.S. businesses, workers, first responder, has demonstrated a farmers, ranchers, manufacturers, in- ∑ Mr. TESTER. Mr. President, today I strong commitment to the folks she vestors, and service providers by offer- wish to honor John L. Horigan, a vet- considers customers and neighbors. ing them unprecedented access to Ko- eran of Vietnam. During the week of September 19, 2011, rea’s nearly $1 trillion economy. The John, on behalf of all Montanans and she became concerned when an 85-year- Agreement eliminates tariffs on over 95 all Americans, I stand to say ‘‘thank old patron who lives alone on a rural percent of U.S. exports of industrial you’’ for your service to this Nation. route failed to collect her mail. After 2 and consumer goods to Korea within It is my honor to share the story of days, she grew worried and decided to the first 5 years and, together with the John Horigan’s sacrifice in Vietnam, go to the patron’s home. When Shauna agreement entered into through an ex- because no story of heroism should and her 19-year-old son arrived at the change of letters in February 2011, ad- ever fall through the cracks. patron’s house, they discovered the dresses key outstanding concerns of John joined the Army in October of woman lying incapacitated on the American automakers and workers re- 1967. He was part of the 86th Transpor- floor. Shauna immediately called garding the lack of a level playing field tation Company, based in Long Binh, Baker City for transport to the nearest in Korea’s auto market. The Agree- Vietnam. hospital, located 38 miles from Here- ment also ensures that almost two- His job? Operating equipment and ford. As of last week, the patron re- thirds of current U.S. agricultural ex- driving trucks for the Army in un- mained in the hospital in Baker City. ports will enter Korea duty-free imme- imaginable, dangerous conditions. It is more than a possibility that by diately. In addition, the Agreement On August 26, 1968, John’s unit came taking the time to check on her postal will give American service providers under fire. And he was shot in the arm patron, Shauna saved this woman’s much greater access to Korea’s $580 bil- and in the back. life. John returned to the United States Shauna has displayed exceptional lion services market. The Agreement contains state of the after 2 years of service to this Nation. service and dedication to her cus- art provisions to help protect and en- He worked as a millwright in Cali- tomers and neighbors. The Hereford force intellectual property rights, re- fornia, and eventually moved with his Post Office is on the national closure duce regulatory red tape, and eliminate wife Cindy to the Big Sky State of study list and as we address the future regulatory barriers to U.S. exports. Montana, where he is welcome as a of the Postal Service, it is absolutely The Agreement also contains the high- hero. imperative that we examine the func- est standards for protecting labor After his return home, the military tion of post offices in rural commu- rights, carrying out covered environ- lost John Horigan’s records. And he nities. As Shauna has demonstrated, mental agreements, and ensuring that never received the recognition he many rural postmasters know their key domestic labor and environmental earned more than 40 years ago. customers well and having a post office laws are enforced, combined with Throughout that time, he never com- is central to a town’s identity and vi- strong remedies for noncompliance. plained. tality. Increased U.S. exports expected Last month, I had the honor of pre- I recognize Shauna Andrews for her under the Agreement will support more senting to John, in the presence of his exceptional service to the community than 70,000 American jobs. The Agree- family, a Purple Heart, and a Vietnam of Hereford. Her example is one from ment will bolster our economic com- Service Medal and Bronze Star Attach- which we can all learn.∑ ment. petitiveness in the Asia-Pacific region f It was also my honor to present a and our regional security interests. Meritorious Unit Commendation, and a MESSAGES FROM THE PRESIDENT The United States once was the top National Defense Service Medal. Messages from the President of the supplier of goods exported to Korea. Last month I also presented to John: United States were communicated to Over the past decade, our share of Ko- a Republic of Vietnam Campaign Rib- the Senate by Mr. Pate, one of his sec- rea’s import market for goods has fall- bon with Device, and the Cold War Rec- retaries. en from 21 percent to just 10 percent— ognition Certificate. f behind China and Japan, and barely These six decorations are small to- ahead of the European Union (EU). The kens, but they are powerful symbols of EXECUTIVE MESSAGES REFERRED EU and several other trading partners true heroism, sacrifice, and dedication As in executive session the Presiding are negotiating or have recently con- to service. Officer laid before the Senate messages cluded trade agreements with Korea. If

VerDate Mar 15 2010 05:15 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.007 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6048 CONGRESSIONAL RECORD — SENATE October 3, 2011 the United States-Korea trade agree- entry into force of the Agreement, ment the United States-Colombia ment is not approved, the United Panama will immediately eliminate its Trade Promotion Agreement (Agree- States could lose further market share, tariffs on over 87 percent of U.S. ex- ment). The Agreement is an important export-supported jobs, and economic ports of consumer and industrial goods part of my Administration’s efforts to growth opportunities, with damage to and on more than half of U.S. exports spur economic growth, increase ex- our leadership position in the region. of agricultural goods. Panama will ports, and create jobs in the United As a part of an ambitious trade agen- eliminate most other duties on U.S. ex- States, while promoting our core val- da, it is important that the Congress ports within a 15-year transition pe- ues. The Agreement will create signifi- renew a strong and robust Trade Ad- riod. Eighty-five percent of U.S. busi- cant new opportunities for American justment Assistance Program con- nesses exporting to Panama are small- workers, farmers, ranchers, businesses, sistent with reforms enacted in 2009. and medium-sized enterprises. The and consumers by opening the Colom- Renewal of that program is necessary elimination of duties provided for in bian market and eliminating barriers to support Americans who need train- the Agreement will help to level the to U.S. goods, services, and invest- ing and other services when their jobs playing field for them and for all U.S. ment. are adversely affected by trade. As we exporters, based on 2010 trade flows, as The Agreement also represents a his- expand access to other markets abroad, approximately 98 percent of our im- toric development in our relations with we need to ensure that American work- ports from Panama already enjoy duty- Colombia. Colombia is a steadfast stra- ers are provided the tools needed to free access to the U.S. market. In addi- tegic partner of the United States and take advantage of these opportunities tion, the Agreement will give Amer- a leader in the region. The Agreement and are not left behind in the global ican service providers greater access to reflects the commitment of the United economy. Panama’s $20.6 billion services market. States to supporting democracy and Approving and implementing the The Agreement contains state of the economic growth in Colombia. It will Agreement is an opportunity to shape art provisions to help protect and en- also help Colombia battle production of history. We must seize the moment to- force intellectual property rights, re- illegal crops by creating alternative gether to support jobs for the Amer- duce regulatory red tape, and eliminate economic opportunities. ican people today and to sustain U.S. regulatory barriers to U.S. exports. Under the Agreement, tariffs on over leadership well into the 21st century. I The Agreement also contains the high- 80 percent of U.S. consumer and indus- urge the Congress to enact this legisla- est standards for protecting labor trial exports will be eliminated imme- tion promptly. rights, carrying out covered environ- diately. United States agricultural ex- BARACK OBAMA. mental agreements, and ensuring that ports in particular will enjoy substan- THE WHITE HOUSE, October 3, 2011. key domestic labor and environmental tial new improvements in access to Co- laws are enforced, combined with lombia’s market. Currently, no U.S. f strong remedies for noncompliance. agricultural exports enjoy duty-free LEGISLATION AND SUPPORTING Panama has already made significant access to Colombia. Once the Agree- DOCUMENTS TO IMPLEMENT THE reforms related to the obligations it ment enters into force, almost 70 per- UNITED STATES-PANAMA TRADE will have under the labor chapter. cent, by value, of current U.S. agricul- PROMOTION AGREEMENT—PM 25 As a part of an ambitious trade agen- tural exports will be able to enter Co- da, it is important that the Congress The PRESIDING OFFICER laid be- lombia duty-free immediately. In addi- renew a strong and robust Trade Ad- fore the Senate the following message tion, the Agreement will give Amer- justment Assistance Program con- from the President of the United ican service providers greater access to sistent with reforms enacted in 2009. States, together with accompanying Colombia’s $134 billion services mar- Renewal of that program is necessary reports and papers; which was referred ket. This will help to level the playing to support Americans who need train- to the Committee on Finance: field, since 91 percent of our imports ing and other services when their jobs from Colombia have enjoyed duty-free To the Congress of the United States: are adversely affected by trade. As we access to our market under U.S. trade I am pleased to transmit legislation expand access to other markets abroad, preference programs. and supporting documents to imple- we need to ensure that American work- The Agreement contains state of the ment the United States-Panama Trade ers are provided the tools needed to art provisions to help protect and en- Promotion Agreement (Agreement). take advantage of these opportunities force intellectual property rights, re- The Agreement is an important part of and are not left behind in the global duce regulatory red tape, and eliminate my Administration’s efforts to spur economy. regulatory barriers to U.S. exports. economic growth, increase exports, and Approval of the Agreement is in our The Agreement also contains the high- create jobs here in the United States, national interest. The Agreement will est standards for protecting labor while promoting our core values. The strengthen our economic and political rights, carrying out covered environ- Agreement will create significant new ties with Panama, support democracy, mental agreements, and ensuring that opportunities for American workers, and contribute to further economic in- key domestic labor and environmental farmers, ranchers, manufacturers, in- tegration in our hemisphere and eco- laws are enforced, combined with vestors, and businesses by opening nomic growth in the United States. I strong remedies for noncompliance. Co- Panama’s market and eliminating bar- urge the Congress to enact this legisla- lombia has already made significant riers to U.S. goods, services, and in- tion promptly. reforms related to the obligations it vestment. BARACK OBAMA. will have under the labor chapter. A The Agreement also represents an THE WHITE HOUSE, October 3, 2011. number of these steps have been taken important development in our rela- f in fulfillment of the commitments Co- tions with Panama, and accords with LEGISLATION AND SUPPORTING lombia made in the agreed Action Plan the goal, as expressed by the Congress DOCUMENTS TO IMPLEMENT THE Related to Labor Rights that President in the Caribbean Basin Trade Partner- UNITED STATES-COLOMBIA Santos and I announced on April 7. Co- ship Act, to conclude comprehensive, TRADE PROMOTION AGREE- lombia must successfully implement mutually advantageous trade agree- MENT—PM 26 key elements of the Action Plan before ments with beneficiary countries of the I will bring the Agreement into force. Caribbean Basin Initiative trade pref- The PRESIDING OFFICER laid be- This Agreement forms an integral erence program. The Agreement fur- fore the Senate the following message part of my Administration’s larger ther reflects a commitment on the part from the President of the United strategy of doubling exports by the end of the United States to sustained en- States, together with accompanying of 2014 through opening markets gagement in support of democracy, reports and papers; which was referred around the world. In addition, the economic growth, and opportunity in to the Committee on Finance: Agreement provides an opportunity to Panama and the region. To the Congress of the United States: strengthen our economic and political Panama is one of the fastest growing I am pleased to transmit legislation ties with the Andean region, and un- economies in Latin America. Upon and supporting documents to imple- derpins U.S. support for democracy

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.033 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6049 while contributing to further hemi- mittee on Homeland Security and Gov- By Mr. TESTER (for himself and Mr. spheric integration and economic ernmental Affairs: HELLER): growth in the United States. This S. 1639. A bill to amend title 36, United To the Congress of the United States: Agreement is vital to ensuring Colom- States Code, to authorize the American Le- Pursuant to my constitutional au- gion under its Federal charter to provide bia continues on its trajectory of posi- thority and as contemplated by section guidance and leadership to the individual de- tive change. 446 of the District of Columbia Self- partments and posts of the American Legion, As a part of an ambitious trade agen- Government and Governmental Reor- and for other purposes; to the Committee on da, it is important that the Congress ganization Act as amended in 1989, I the Judiciary. renew a strong and robust Trade Ad- By Mr. CASEY: am transmitting the District of Colum- justment Assistance Program con- S. 1640. A bill to amend the Agricultural bia’s 2012 Budget Request Act. This sistent with reforms enacted in 2009. Adjustment Act to require the Secretary of transmittal does not represent an en- Renewal of that program is necessary Agriculture to determine the price of all dorsement of the contents of the D.C. milk used for manufactured purposes, which to support Americans who need train- government’s requests. shall be classified as Class II milk, by using ing and other services when their jobs The proposed 2012 Budget Request the national average cost of production, and are adversely affected by trade. As we Act reflects the major programmatic for other purposes; to the Committee on Ag- expand access to other markets abroad, objectives of the Mayor and the Coun- riculture, Nutrition, and Forestry. we need to ensure that American work- By Mr. BAUCUS (for himself, Mr. cil of the District of Columbia. For ers are provided the tools needed to HATCH, and Mr. MCCONNELL) (by re- 2012, the District estimates total reve- take advantage of these opportunities quest): nues and expenditures of $10.9 billion. and are not left behind in the global S. 1641. A bill to implement the United BARACK OBAMA. States-Colombia Trade Promotion Agree- economy. THE WHITE HOUSE, October 3, 2011. ment; to the Committee on Finance. Approval of the Agreement is there- f By Mr. BAUCUS (for himself, Mr. fore in our national interest. I urge the HATCH, and Mr. MCCONNELL) (by re- Congress to enact this legislation MESSAGES FROM THE HOUSE quest): promptly. RECEIVED DURING ADJOURNMENT S. 1642. A bill to implement the United BARACK OBAMA. States-Korea Free Trade Agreement; to the ENROLLED BILLS SIGNED THE WHITE HOUSE, October 3, 2011. Committee on Finance. Under the authority of the order of By Mr. BAUCUS (for himself, Mr. f the Senate of January 5, 2011, the Sec- HATCH, and Mr. MCCONNELL) (by re- LETTERS EXCHANGED BETWEEN retary of the Senate, on September 29, quest): THE UNITED STATES AND 2011, during the adjournment of the S. 1643. A bill to implement the United KOREA THAT CONTAIN THOSE Senate, received a message from the States-Panama Trade Promotion Agree- ment; to the Committee on Finance. COMMITMENTS, WHICH FURTHER House of Representatives announcing ENHANCE THE UNITED STATES- that the Speaker pro tempore (Mr. f KOREA FREE TRADE AGREE- HARRIS) has signed the following en- SUBMISSION OF CONCURRENT AND MENT—PM 27 rolled bills: SENATE RESOLUTIONS The PRESIDING OFFICER laid be- H.R. 2005. An act to reauthorize the Com- fore the Senate the following message bating Autism Act of 2006. The following concurrent resolutions from the President of the United H.R. 2017. An act making continuing appro- and Senate resolutions were read, and States, together with accompanying priations for fiscal year 2012, and for other referred (or acted upon), as indicated: purposes. reports and papers; which was referred By Mr. KERRY (for himself, Mr. to the Committee on Finance: Under the authority of the order of CARDIN, Mr. DURBIN, and Mr. AKAKA): the Senate of January 5, 2011, the Sec- S. Res. 285. A resolution supporting the To the Congress of the United States: retary of the Senate, on September 29, goals and ideals of World Habitat Day, Octo- By separate message, I have trans- ber 3, 2011; to the Committee on Foreign Re- 2011, during the adjournment of the mitted to the Congress a bill to ap- lations. Senate, received a message from the prove and implement the United House of Representatives announcing f States-Korea Free Trade Agreement. In that the House agreed to the amend- that message, I highlighted new com- ADDITIONAL COSPONSORS ments of the Senate to the bill (H.R. mitments that my Administration, in 2017) making appropriations for the De- S. 50 close coordination with the Congress, partment of Homeland Security for the At the request of Mr. INOUYE, the successfully negotiated to provide ad- fiscal year ending September 30, 2012, name of the Senator from New York ditional market access and a level and for other purposes. (Mr. SCHUMER) was added as a cospon- playing field for American auto manu- sor of S. 50, a bill to strengthen Federal facturers and workers exporting to f consumer product safety programs and Korea. INTRODUCTION OF BILLS AND activities with respect to commer- Herewith I am transmitting the let- JOINT RESOLUTIONS cially-marketed seafood by directing ters exchanged between the United the Secretary of Commerce to coordi- States and Korea that contain those The following bills and joint resolu- tions were introduced, read the first nate with the Federal Trade Commis- commitments, which further enhance sion and other appropriate Federal the most commercially significant and second times by unanimous con- sent, and referred as indicated: agencies to strengthen and coordinate trade agreement the United States has those programs and activities. concluded in more than 17 years. The By Ms. KLOBUCHAR (for herself, Mr. S. 102 documents I have transmitted in these SESSIONS, and Mr. LEAHY): S. 1636. A bill to amend title 28, United At the request of Mr. MCCAIN, the two messages constitute the entire States Code, to clarify the jurisdiction of the name of the Senator from Nevada (Mr. United States-Korea trade agreement Federal courts, and for other purposes; to HELLER) was added as a cosponsor of S. package. the Committee on the Judiciary. 102, a bill to provide an optional fast- BARACK OBAMA. By Ms. KLOBUCHAR (for herself and track procedure the President may use THE WHITE HOUSE, October 3, 2011. Mr. SESSIONS): when submitting rescission requests, f S. 1637. A bill to clarify appeal time limits in civil actions to which United States offi- and for other purposes. DISTRICT OF COLUMBIA’S BUDGET cers or employees are parties; to the Com- S. 381 REQUEST ACT FOR FISCAL YEAR mittee on the Judiciary. At the request of Mr. TESTER, the 2012—PM 28 By Mr. CARDIN (for himself and Ms. name of the Senator from Vermont MIKULSKI): The PRESIDING OFFICER laid be- (Mr. SANDERS) was added as a cospon- S. 1638. A bill to authorize the Secretary of fore the Senate the following message the Interior to conduct a special resource sor of S. 381, a bill to amend the Arms from the President of the United study of P.S. 103 in West Baltimore, Mary- Export Control Act to provide that cer- States, together with an accompanying land and for other purposes; to the Com- tain firearms listed as curios or relics report; which was referred to the Com- mittee on Energy and Natural Resources. may be imported into the United

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(Ms. LANDRIEU), the Senator from Con- obtaining authorization from the De- 798, a bill to provide an amnesty period necticut (Mr. LIEBERMAN) and the Sen- partment of State or the Department during which veterans and their family ator from Virginia (Mr. WARNER) were of Defense, and for other purposes. members can register certain firearms added as cosponsors of S. 1251, a bill to S. 504 in the National Firearms Registration amend title XVIII and XIX of the So- At the request of Mr. MCCAIN, his and Transfer Record, and for other pur- cial Security Act to curb waste, fraud, name was added as a cosponsor of S. poses. and abuse in the Medicare and Med- 504, a bill to preserve and protect the S. 810 icaid programs. free choice of individual employees to At the request of Ms. CANTWELL, the S. 1299 form, join, or assist labor organiza- name of the Senator from New York At the request of Mr. MORAN, the tions, or to refrain from such activi- (Mrs. GILLIBRAND) was added as a co- names of the Senator from Missouri ties. sponsor of S. 810, a bill to prohibit the (Mrs. MCCASKILL) and the Senator from S. 542 conducting of invasive research on New Hampshire (Ms. AYOTTE) were At the request of Mr. BEGICH, the great apes, and for other purposes. added as cosponsors of S. 1299, a bill to name of the Senator from Montana S. 834 require the Secretary of the Treasury (Mr. TESTER) was added as a cosponsor At the request of Mr. CASEY, the to mint coins in commemoration of the of S. 542, a bill to amend title 10, name of the Senator from Hawaii (Mr. centennial of the establishment of United States Code, to authorize space- AKAKA) was added as a cosponsor of S. Lions Clubs International. available travel on military aircraft 834, a bill to amend the Higher Edu- S. 1301 for members of the reserve compo- cation Act of 1965 to improve education At the request of Ms. MIKULSKI, her nents, a member or former member of and prevention related to campus sex- name was added as a cosponsor of S. a reserve component who is eligible for ual violence, domestic violence, dating 1301, a bill to authorize appropriations retired pay but for age, widows and violence, and stalking. for fiscal years 2012 to 2015 for the Traf- widowers of retired members, and de- S. 951 ficking Victims Protection Act of 2000, pendents. At the request of Mrs. MURRAY, the to enhance measures to combat traf- S. 556 name of the Senator from South Da- ficking in person, and for other pur- At the request of Mrs. HUTCHISON, the kota (Mr. JOHNSON) was added as a co- poses. name of the Senator from Missouri sponsor of S. 951, a bill to improve the S. 1354 (Mrs. MCCASKILL) was added as a co- provision of Federal transition, reha- At the request of Mrs. HAGAN, the sponsor of S. 556, a bill to amend the bilitation, vocational, and unemploy- names of the Senator from New Jersey securities laws to establish certain ment benefits to members of the (Mr. MENENDEZ) and the Senator from thresholds for shareholder registration, Armed Forces and veterans, and for New York (Mrs. GILLIBRAND) were and for other purposes. other purposes. added as cosponsors of S. 1354, a bill to S. 566 S. 968 authorize grants to promote media lit- At the request of Ms. MURKOWSKI, the At the request of Mr. LEAHY, the eracy and youth empowerment pro- name of the Senator from Texas (Mrs. name of the Senator from South Da- grams, to authorize research on the HUTCHISON) was added as a cosponsor of kota (Mr. JOHNSON) was added as a co- role and impact of depictions of girls S. 566, a bill to provide for the estab- sponsor of S. 968, a bill to prevent on- and women in the media, to provide for lishment of the National Volcano Early line threats to economic creativity and the establishment of a National Task Warning and Monitoring System. theft of intellectual property, and for Force on Girls and Women in the S. 570 other purposes. Media, and for other purposes. At the request of Mr. TESTER, the S. 1369 name of the Senator from Idaho (Mr. S. 996 At the request of Mr. CRAPO, the RISCH) was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, 570, a bill to prohibit the Department the name of the Senator from Delaware names of the Senator from Alaska (Ms. of Justice from tracking and cata- (Mr. CARPER) was added as a cosponsor MURKOWSKI) and the Senator from loguing the purchases of multiple rifles of S. 996, a bill to amend the Internal Pennsylvania (Mr. TOOMEY) were added and shotguns. Revenue Code of 1986 to extend the new as cosponsors of S. 1369, a bill to amend markets tax credit through 2016, and the Federal Water Pollution Control S. 606 for other purposes. Act to exempt the conduct of silvicul- At the request of Mr. CASEY, the tural activities from national pollutant name of the Senator from Idaho (Mr. S. 1025 discharge elimination system permit- CRAPO) was added as a cosponsor of S. At the request of Mr. LEAHY, the ting requirements. 606, a bill to amend the Federal Food, names of the Senator from New York Drug, and Cosmetic Act to improve the (Mr. SCHUMER) and the Senator from S. 1421 priority review voucher incentive pro- Colorado (Mr. UDALL) were added as co- At the request of Mr. PORTMAN, the gram relating to tropical and rare pedi- sponsors of S. 1025, a bill to amend title names of the Senator from Michigan atric diseases. 10, United States Code, to enhance the (Ms. STABENOW) and the Senator from S. 672 national defense through empowerment Alaska (Mr. BEGICH) were added as co- At the request of Mr. ROCKEFELLER, of the National Guard, enhancement of sponsors of S. 1421, a bill to authorize the name of the Senator from Michigan the functions of the National Guard the Peace Corps Commemorative Foun- (Ms. STABENOW) was added as a cospon- Bureau, and improvement of Federal- dation to establish a commemorative sor of S. 672, a bill to amend the Inter- State military coordination in domes- work in the District of Columbia and nal Revenue Code of 1986 to extend and tic emergency response, and for other its environs, and for other purposes. modify the railroad track maintenance purposes. S. 1460 credit. S. 1214 At the request of Mr. BAUCUS, the S. 680 At the request of Mrs. GILLIBRAND, names of the Senator from North Da- At the request of Mr. NELSON of Flor- the name of the Senator from New Jer- kota (Mr. CONRAD), the Senator from ida, his name was added as a cosponsor sey (Mr. MENENDEZ) was added as a co- Arkansas (Mr. PRYOR) and the Senator of S. 680, a bill to authorize the Admin- sponsor of S. 1214, a bill to amend title from Texas (Mrs. HUTCHISON) were istrator of General Services to convey 10, United States Code, regarding re- added as cosponsors of S. 1460, a bill to a parcel of real property in the District strictions on the use of Department of grant the congressional gold medal, of Columbia to provide for the estab- Defense funds and facilities for abor- collectively, to the First Special Serv- lishment of a National Women’s His- tions. ice Force, in recognition of its superior tory Museum. S. 1251 service during World War II. S. 798 At the request of Mr. CARPER, the S. 1500 At the request of Mr. TESTER, the names of the Senator from Alaska (Mr. At the request of Ms. MURKOWSKI, the name of the Senator from Alaska (Mr. BEGICH), the Senator from Louisiana name of the Senator from Alaska (Mr.

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.039 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6051 BEGICH) was added as a cosponsor of S. (Mr. BARRASSO) and the Senator from Party and its affiliates, and calling for 1500, a bill to give Americans access to Arkansas (Mr. PRYOR) were added as an immediate end to the campaign to affordable child-only health insurance cosponsors of S. 1578, a bill to amend persecute Falun Gong practitioners. coverage. the Safe Drinking Water Act with re- S. RES. 274 S. 1508 spect to consumer confidence reports At the request of Mr. WHITEHOUSE, At the request of Mr. MENENDEZ, the by community water systems. the name of the Senator from Michigan names of the Senator from Maryland S. 1583 (Ms. STABENOW) was added as a cospon- (Ms. MIKULSKI) and the Senator from At the request of Mr. INHOFE, the sor of S. Res. 274, a resolution express- Delaware (Mr. COONS) were added as co- name of the Senator from Alabama ing the sense of the Senate that fund- sponsors of S. 1508, a bill to extend loan (Mr. SESSIONS) was added as a cospon- ing for the Federal Pell Grant program limits for programs of the Federal sor of S. 1583, a bill to amend the Inter- should not be cut in any deficit reduc- Housing Administration, the govern- nal Revenue Code of 1986 to provide a tion program. ment-sponsored enterprises, and the tax deduction for the purchase, con- f Department of Veterans Affairs, and struction, and installation of a safe STATEMENTS ON INTRODUCED for other purposes. room or storm shelter, and for other BILLS AND JOINT RESOLUTIONS S. 1512 purposes. By Mr. CARDIN (for himself and At the request of Mr. CARDIN, the S. 1616 Ms. MIKULSKI): name of the Senator from Missouri At the request of Mr. MENENDEZ, the (Mr. BLUNT) was added as a cosponsor S. 1638. A bill to authorize the Sec- name of the Senator from Washington retary of the Interior to conduct a spe- of S. 1512, a bill to amend the Internal (Ms. CANTWELL) was added as a cospon- Revenue Code of 1986 and the Small cial resource study of P.S. 103 in West sor of S. 1616, a bill to amend the Inter- Baltimore, Maryland and for other pur- Business Act to expand the availability nal Revenue Code of 1986 to exempt cer- of employee stock ownership plans in S poses; to the Committee on Energy and tain stock of real estate investment Natural Resources. corporations, and for other purposes. trusts from the tax on foreign invest- S. 1513 Mr. CARDIN. Mr. President, today I ments in United States real property am proud to introduce the Justice At the request of Mr. SCHUMER, the interests, and for other purposes. name of the Senator from New York Thurgood Marshall’s Elementary S. 1619 School Study Act. The elementary (Mrs. GILLIBRAND) was added as a co- At the request of Mr. BROWN of Ohio, sponsor of S. 1513, a bill to amend title school that Justice Marshall attended, the names of the Senator from West XII of the Social Security Act to ex- known as PS 103, located in my home- Virginia (Mr. ROCKEFELLER), the Sen- tend the provision waiving certain in- town of Baltimore, is a place of na- ator from Minnesota (Mr. FRANKEN) terest payments on advances made to tional significance because it marks and the Senator from Vermont (Mr. States from the Federal unemployment the site where one of our Nation’s SANDERS) were added as cosponsors of account in the Unemployment Trust greatest legal minds began his edu- S. 1619, a bill to provide for identifica- Fund. cation. tion of misaligned currency, require Thurgood Marshall is well known as S. 1514 action to correct the misalignment, one of the most significant historical At the request of Mr. TESTER, the and for other purposes. figures of the American civil rights names of the Senator from West Vir- S. 1621 movement. By the time he was 32, he ginia (Mr. ROCKEFELLER), the Senator At the request of Mr. MENENDEZ, the was appointed the chief legal counsel from Michigan (Ms. STABENOW), the name of the Senator from New York for the National Association for the Senator from Iowa (Mr. HARKIN) and (Mr. SCHUMER) was added as a cospon- Advancement of Colored People, the Senator from Delaware (Mr. CAR- sor of S. 1621, a bill to create livable NAACP. He served at the NAACP a PER) were added as cosponsors of S. total of 25 years and was a key strate- 1514, a bill to authorize the President communities through coordinated pub- gist to end racial segregation through- to award a gold medal on behalf of the lic investment and streamlined re- out the United States. Congress to Elouise Pepion Cobell, in quirements, and for other purposes. S. 1623 Perhaps the greatest illustration of recognition of her outstanding and en- this effort was his victory before the during contributions to American Indi- At the request of Mr. CASEY, the name of the Senator from Connecticut Supreme Court overturning the Plessy ans, Alaska Natives, and the Nation doctrine of ‘separate but equal’ and (Mr. BLUMENTHAL) was added as a co- through her tireless pursuit of justice. ending school segregation with the S. 1538 sponsor of S. 1623, a bill to provide a processing extension for emergency landmark decision in Brown v. Board of At the request of Ms. COLLINS, the Education of Topeka, KS in 1954. Not name of the Senator from Wyoming mortgage relief payments, and for other purposes. only did this case open up educational (Mr. ENZI) was added as a cosponsor of opportunity and sparked the civil S. 1538, a bill to provide for a time-out S. RES. 80 rights movement in this nation, it also on certain regulations, and for other At the request of Mr. KIRK, the name established Thurgood Marshall, still a purposes. of the Senator from Minnesota (Ms. young attorney from Baltimore, as one S. 1540 KLOBUCHAR) was added as a cosponsor of the greatest legal minds in all the At the request of Mr. CASEY, the of S. Res. 80, a resolution condemning land. This case was just one of the 29 name of the Senator from Delaware the Government of Iran for its state- cases he won before the U.S. Supreme (Mr. COONS) was added as a cosponsor sponsored persecution of its Baha’i mi- Court. of S. 1540, a bill to amend the Internal nority and its continued violation of Fittingly, Marshall was the first Af- Revenue Code of 1986 to allow credits the International Covenants on Human rican American confirmed to the Su- for the purchase of franchises by vet- Rights. preme Court. He was nominated by erans. S. RES. 232 President Lyndon B. Johnson in 1967 S. 1576 At the request of Mr. MENENDEZ, the and served 24 years, until 1991. On the At the request of Ms. LANDRIEU, the name of the Senator from Arkansas high court, Marshall continued his name of the Senator from Maryland (Mr. BOOZMAN) was added as a cospon- fight for the Constitutional protection (Mr. CARDIN) was added as a cosponsor sor of S. Res. 232, a resolution recog- of individual human rights. of S. 1576, a bill to measure the nizing the continued persecution of But Thurgood Marshall was not al- progress of relief, recovery, reconstruc- Falun Gong practitioners in China on ways a legal giant. He was once a tion, and development efforts in Haiti the 12th anniversary of the campaign young boy growing up in West Balti- following the earthquake of January by the Chinese Communist Party to more. He received the first 6 years of 12, 2010, and for other purposes. suppress the Falun Gong movement, his public education at PS 103. An S. 1578 recognizing the Tuidang movement apocryphal story goes that a young At the request of Mr. TOOMEY, the whereby Chinese citizens renounce Thurgood Marshall studied the U.S. names of the Senator from Wyoming their ties to the Chinese Communist Constitution in the basement of the

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.040 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6052 CONGRESSIONAL RECORD — SENATE October 3, 2011 building while serving detention. Re- study area by the Federal Government, to arbitrary, supra-market rents, forced gardless of whether or not this is true, State or local government entities, or pri- evictions, threats, and harassment; the building powerfully tells the story vate and nonprofit organizations; Whereas insecurity of land and property of racial segregation in America, PS (4) consult with interested Federal agen- tenure severely inhibits economic develop- cies, State or local governmental entities, ment by undermining investment incentives 103 was a ‘‘blacks only’’ school when private and nonprofit organizations, or any and constraining the growth of credit mar- Justice Marshall was a student there, other interested individuals; kets, imperils the ability of families to and the rise of one of the country’s (5) identify cost estimates for any Federal achieve sustainable livelihoods and assured paramount thinkers and pioneers in acquisition, development, interpretation, op- access to shelter, and often contributes to the civil rights movement. eration, and maintenance associated with conflict over property rights; The building is located at 1315 Divi- the alternatives; and Whereas women are affected sion Street in the Upton Neighborhood (6) identify any authorities that would disproportionally by forced evictions and in- secure tenure as a result of gender-based dis- of Old West Baltimore. The building is compel or permit the Secretary to influence local land use decisions under the alter- crimination, often including gender-biased part of the Old West Baltimore Na- natives. laws that define women as legal minors or tional Register Historic District, and is (c) APPLICABLE LAW.—The study required otherwise prevent them from acquiring and listed as a contributing historic re- under subsection (a) shall be conducted in securing land, property, and housing lease or source for the neighborhood. The Old accordance with section 8 of Public Law 91– ownership rights, making them more vulner- West Baltimore historic district is one 383 (16 U.S.C. 1a–5). able to poverty, violence, and sexual abuse; of the largest predominately African (d) REPORT.—Not later than 3 years after Whereas many of the world’s large cities the date on which funds are first made avail- are located in low-lying coastal areas that American historic districts in the able to carry out the study under subsection are more susceptible to environmental country, and its significance is cen- (a), the Secretary shall submit to the Com- events and face serious threats from the ef- tered on the African American experi- mittee on Natural Resources of the House of fects of climate change such as storm surges; ence in the area. Representatives and the Committee on En- Whereas the slum dwellers in low-lying In Baltimore, we are fortunate to ergy and Natural Resources of the Senate a coastal cities are disproportionately affected have the National Park Service operate report that describes— by disasters; two historical sites, Fort McHenry and (1) the results of the study; and Whereas, according to the International the Hampton Mansion. Adding PS 103 (2) any conclusions and recommendations Organization for Migration, there could be of the Secretary. up to 200,000,000 environmentally-induced mi- is a unique opportunity for the Na- f grants by 2050, many of whom will be forced tional Park Service to work in Balti- from their homes by rising sea levels and the more’s inner-city and to expand its SUBMITTED RESOLUTIONS increased frequency of flooding or drought, ability to engage people around African thereby challenging the security of the American history. United States and United States allies; Needless to say, Thurgood Marshall’s SENATE RESOLUTION 285—SUP- Whereas adequate housing and universal legacy is one that should be preserved. PORTING THE GOALS AND access to basic shelter serve as catalysts for economic, social, and democratic develop- He was one of our country’s greatest IDEALS OF WORLD HABITAT DAY, OCTOBER 3, 2011 ment in the United States and elsewhere; legal minds and a prominent historical Whereas international organizations, faith- figure of one chapter of our country’s Mr. KERRY (for himself, Mr. CARDIN, based groups, and nonprofits are working to- great history—the civil rights move- Mr. DURBIN, and Mr. AKAKA) submitted wards providing safe, affordable, and decent ment. This bill authorizes the Sec- the following resolution; which was re- shelter for all; and retary of the Interior to conduct a spe- ferred to the Committee on Foreign Whereas the 2006 National Security Strat- cial resource study of PS 103 to evalu- Relations: egy states, ‘‘America’s national interests and moral values drive us in the same direc- ate the suitability and feasibility of es- S. RES. 285 tion: to assist the world’s poor citizens and tablishing the building as a unit of the Whereas the United Nations has designated least developed nations and help integrate National Park Service. Preserving the the first Monday of October every year as them into the global economy’’: Now, there- building that was Justice Marshall’s el- World Habitat Day, and the theme of 2011 fore, be it ementary school will give Americans World Habitat Day is Cities and Climate Resolved, That the Senate— insight into Justice Marshall’s child- Change; (1) supports the goals and ideals of World hood. Whereas World Habitat Day calls on global Habitat Day; and citizens to reflect on the state of our towns (2) reflects on the state of our cities and Mr. President, I ask unanimous con- and cities and the importance of adequate towns and the importance of adequate shel- sent that the text of the bill be printed shelter and serves as a reminder of our col- ter and is reminded of our shared responsi- in the RECORD. lective responsibility for the future of the bility for the future of the human habitat; There being no objection, the text of human habitat; (3) underscores the importance of a sus- the bill was ordered to be printed in Whereas approximately 51 percent of the tainable urban development strategy that— the RECORD, as follows: world’s population currently lives in cities of (A) promotes equitable access to— S. 1638 all sizes and produces the majority of the (i) basic shelter and affordable housing, world’s economic output; particularly by residents of slums and infor- Be it enacted by the Senate and House of Rep- Whereas projections indicate that 2⁄3 of the mal settlements and similar densely popu- resentatives of the United States of America in world’s population will reside in cities just lated, impoverished urban areas; and Congress assembled, over a generation from now; (ii) safe water and sanitation; SECTION 1. SHORT TITLE. Whereas approximately 1,000,000,000 people (B) promotes gender equality and women’s This Act may be cited as the ‘‘Thurgood currently live in slums, and more than half empowerment; Marshall’s Elementary School Study Act’’. of this population is under the age of 25; (C) supports access to sustainable and re- SEC. 2. DEFINITIONS. Whereas it is estimated that, by 2030, the newable sources of energy; In this Act: number of people living in slums will double; (D) employs innovative approaches to (1) SECRETARY.—The term ‘‘Secretary’’ Whereas, according to the Center for Dis- urban development challenges; means the Secretary of the Interior. ease Control and Prevention, approximately (E) leverages United States Government (2) STUDY AREA.—The term ‘‘study area’’ 884,000,000 people lack adequate access to resources through collaborative partnership means P.S. 103, the public school located in safe water, and nearly 50 percent of the de- with foreign governments, intergovern- West Baltimore, Maryland, which Thurgood veloping world’s population, over 2,500,000,000 mental organizations, private sector enti- Marshall attended as a youth. people, lack access to sanitation services; ties, and nonprofit and community-based or- SEC. 3. SPECIAL RESOURCE STUDY. Whereas the Center for Disease Control ganizations; (a) STUDY.—The Secretary shall conduct a and Prevention estimates that unsafe drink- (F) operates to a scale that ensures sus- special resource study of the study area. ing water, inadequate sanitation, and poor tainability; (b) CONTENTS.—In conducting the study hygiene contribute to the deaths of more (G) addresses current and future effects of under subsection (a), the Secretary shall— than 1,500,000 children younger than 5 years climate change on cities; and (1) evaluate the national significance of of age per year; (H) improves environmental sustainability the study area; Whereas, according to the World Bank, in urban areas; and (2) determine the suitability and feasi- more than 1,400,000,000 people still live with- (4) encourages the leaders and citizens of bility of designating the study area as a unit out electricity, a critical component of eco- cities, which are the source of, and solution of the National Park System; nomic growth and development; to, many of the world’s development chal- (3) consider other alternatives for preserva- Whereas insecure lease and real property lenges, to build upon their successful experi- tion, protection, and interpretation of the ownership tenure often subject slum dwellers ences and develop more ambitious goals for

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.020 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6053 urban sustainable development at the up- and Natural Resources. The hearing SMALL BUSINESS PROGRAM coming United Nations Conference on Sus- will be held on Tuesday, October 4, EXTENSION AND REFORM ACT tainable Development to be held June 4-6, 2011, at 10 a.m., in room SD–366 of the 2012, in Rio de Janeiro, Brazil. On Monday, September 26, 2011, the Dirksen Senate Office Building. Senate agreed to the motion to concur f The purpose of the hearing is to re- to the amendment of the House to the ceive testimony on the Secretary of AMENDMENTS SUBMITTED AND amendment of the Senate to H.R. 2608, Energy Advisory Board’s Shale Gas PROPOSED with an amendment, as follows: Production Subcommittee’s 90-day re- SA 669. Mr. MERKLEY (for himself, Mr. port. H.R. 2608 ENZI, and Mr. BARRASSO) submitted an Because of the limited time available Resolved, That the bill from the House of amendment intended to be proposed by him for the hearing, witnesses may testify Representatives (H.R. 2608) entitled ‘‘An Act to the bill S. 1619, to provide for identifica- by invitation only. However, those to provide for an additional temporary ex- tion of misaligned currency, require action tension of programs under the Small Busi- to correct the misalignment, and for other wishing to submit written testimony ness Act and the Small Business Investment purposes; which was ordered to lie on the for the hearing record may do so by Act of 1958, and for other purposes.’’, do pass table. sending it to the Committee on Energy with the following Senate amendment to and Natural Resources, United States House amendment to Senate amendment: f Senate, Washington, DC 20510–6150, or In lieu of the matter proposed to be in- TEXT OF AMENDMENTS by e-mail to Abigail_Campbell serted by the House amendment to Senate @energy.Senate.gov. amendment, insert the following: SA 669. Mr. MERKLEY (for himself, That the following sums are hereby appro- Mr. ENZI, and Mr. BARRASSO) submitted For further information, please con- tact Allyson Anderson at (202) 224–7143 priated, out of any money in the Treasury not an amendment intended to be proposed otherwise appropriated, and out of applicable by him to the bill S. 1619, to provide for or Abigail Campbell at (202) 224–1219. corporate or other revenues, receipts, and funds, identification of misaligned currency, COMMITTEE ON INDIAN AFFAIRS for the several departments, agencies, corpora- require action to correct the misalign- Mr. AKAKA. Mr. President, I would tions, and other organizational units of Govern- ment, and for other purposes; which like to announce that the Committee ment for fiscal year 2012, and for other pur- was ordered to lie on the table; as fol- on Indian Affairs will meet on Thurs- poses, namely: SEC. 101. (a) Such amounts as may be nec- lows: day, October 6, 2011, at 2:15 p.m. in room 628 of the Dirksen Senate Office essary, at a rate for operations as provided in At the end, add the following: Building to conduct a hearing entitled the applicable appropriations Acts for fiscal SEC. ll. MANDATORY DISCLOSURE BY THE year 2011 and under the authority and condi- UNITED STATES IF MEMBERS OF ‘‘Internet Infrastructure in Native tions provided in such Acts, for continuing THE WORLD TRADE ORGANIZATION Communities: Equal Access to E-Com- projects or activities (including the costs of di- FAIL TO DISCLOSE SUBSIDIES merce, Jobs and the Global Market- rect loans and loan guarantees) that are not UNDER THE AGREEMENT ON SUB- place.’’ otherwise specifically provided for in this Act, SIDIES AND COUNTERVAILING MEASURES. Those wishing additional information that were conducted in fiscal year 2011, and for which appropriations, funds, or other authority (a) IN GENERAL.—The United States Trade may contact the Indian Affairs Com- Representative shall— mittee at (202) 224–2251. were made available in the following appropria- tions Acts: (1) review each notification of subsidies PERMANENT SUBCOMMITTEE ON INVESTIGATIONS (1) The Department of Defense Appropriations submitted under Article 25 of the Agreement Mr. LEVIN. Mr. President, I would Act, 2011 (division A of Public Law 112–10). on Subsidies and Countervailing Measures by like to announce for the information of (2) The Full-Year Continuing Appropriations a member of the World Trade Organization the Senate and the public that the Per- Act, 2011 (division B of Public Law 112–10). with which the United States maintains a manent Subcommittee on Investiga- (b) The rate for operations provided by sub- material and persistent trade deficit; tions of the Committee on Homeland section (a) is hereby reduced by 1.503 percent. (2) identify any such member that, for 2 SEC. 102. (a) No appropriation or funds made consecutive years— Security and Governmental Affairs has scheduled a hearing entitled, ‘‘Exces- available or authority granted pursuant to sec- (A) fails to submit such a notification; or tion 101 for the Department of Defense shall be (B) omits information or includes inac- sive Speculation and Compliance with the Dodd-Frank Act.’’ The Sub- used for (1) the new production of items not curate information in such a notification funded for production in fiscal year 2011 or that is material with respect to the totality committee plans to hold a hearing on prior years; (2) the increase in production rates of the subsidies of the member; and speculation in the commodities mar- above those sustained with fiscal year 2011 (3) notify the Committee on Subsidies and kets and implementation of the Dodd- funds; or (3) the initiation, resumption, or con- Countervailing Measures under Article 25 of Frank Act’s provisions on speculative tinuation of any project, activity, operation, or the Agreement on Subsidies and Counter- position limits for futures, options, and organization (defined as any project, subproject, vailing Measures of the subsidies of a mem- swap contracts for oil and other com- activity, budget activity, program element, and ber identified under paragraph (2) not later subprogram within a program element, and for than 180 days after— modities. Hearing witnesses will in- clude a panel of experts and the Chair- any investment items defined as a P–1 line item (A) in the case of a member identified in a budget activity within an appropriation ac- under paragraph (2)(A), the date on which man of the Commodity Futures Trad- count and an R–1 line item that includes a pro- the second notification not submitted by the ing Commission. gram element and subprogram element within member was required to be submitted; or The Subcommittee hearing has been an appropriation account) for which appropria- (B) in the case of a member identified scheduled for Thursday, October 6, 2011, tions, funds, or other authority were not avail- under paragraph (2)(B), the date of the sub- at 9:30 a.m., in room 342 of the Dirksen able during fiscal year 2011. mission of the second notification in which Senate Office Building. For further in- (b) No appropriation or funds made available the information was omitted or the inac- formation, please contact Elise Bean of or authority granted pursuant to section 101 for curate information was included, as the case the Department of Defense shall be used to ini- may be. the Permanent Subcommittee on In- vestigations at (202) 224–9505. tiate multi-year procurements utilizing advance (b) AGREEMENT ON SUBSIDIES AND COUNTER- procurement funding for economic order quan- VAILING MEASURES DEFINED.—The term f tity procurement unless specifically appro- ‘‘Agreement on Subsidies and Countervailing PRIVILEGES OF THE FLOOR priated later. Measures’’ means the Agreement on Sub- SEC. 103. Appropriations made by section 101 sidies and Countervailing Measures referred Mr. SCHUMER. Mr. President, I ask shall be available to the extent and in the man- to in section 101(d)(12) of the Uruguay Round unanimous consent that the following ner that would be provided by the pertinent ap- Agreements Act (19 U.S.C. 3511(d)(12)). members of my staff and the com- propriations Act. f mittee staff be granted the privilege of SEC. 104. Except as otherwise provided in sec- the floor during consideration of S. tion 102, no appropriation or funds made avail- NOTICES OF HEARINGS 1619: Jane Beard, Sarah Babcock, able or authority granted pursuant to section COMMITTEE ON ENERGY AND NATURAL Danielle Fidler, Sara Harshman, Mad- 101 shall be used to initiate or resume any RESOURCES eline Forbis, Laura Jaskierski, Ste- project or activity for which appropriations, Mr. BINGAMAN. Mr. President, I funds, or other authority were not available phen Simpson, Jonathan Goldman, during fiscal year 2011. would like to announce for the infor- Cosimo Thawley, and Miranda Dalpiaz. SEC. 105. Appropriations made and authority mation of the Senate and the public The ACTING PRESIDENT pro tem- granted pursuant to this Act shall cover all obli- that a hearing has been scheduled be- pore. Without objection, it is so or- gations or expenditures incurred for any project fore the Senate Committee on Energy dered. or activity during the period for which funds or

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 6333 E:\CR\FM\A03OC6.043 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6054 CONGRESSIONAL RECORD — SENATE October 3, 2011 authority for such project or activity are avail- 3(c)(2) of H. Res. 5 (112th Congress) and as an shall continue in effect through the date speci- able under this Act. emergency requirement pursuant to section fied in section 106(3) of this Act. SEC. 106. Unless otherwise provided for in this 403(a) of S. Con. Res. 13 (111th Congress), the (c) Notwithstanding section 9(y)(6) of the Act or in the applicable appropriations Act for concurrent resolution on the budget for fiscal Small Business Act (15 U.S.C. 638(y)(6)), the fiscal year 2012, appropriations and funds made year 2010, is designated by the Congress for pilot program under section 9(y) of such Act available and authority granted pursuant to Overseas Contingency Operations/Global War shall continue in effect through the date speci- this Act shall be available until whichever of the on Terrorism pursuant to section 251(b)(2)(A) of fied in section 106(3) of this Act. following first occurs: (1) the enactment into the Balanced Budget and Emergency Deficit SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, law of an appropriation for any project or activ- Control Act of 1985, except that such amount United States Code, is amended by striking ity provided for in this Act; (2) the enactment shall be available only if the President subse- ‘‘September 30, 2011’’ and inserting the date into law of the applicable appropriations Act for quently so designates such amount and trans- specified in section 106(3) of this Act. fiscal year 2012 without any provision for such mits such designation to the Congress. Section SEC. 125. (a) Notwithstanding section 101, project or activity; or (3) November 18, 2011. 101(b) of this Act shall not apply to any amount amounts are provided for ‘‘Department of Home- SEC. 107. Expenditures made pursuant to this so designated. land Security—Federal Emergency Management Act shall be charged to the applicable appro- (b) Subsection (a) shall not apply to amounts Agency—Disaster Relief’’ at a rate for oper- priation, fund, or authorization whenever a bill for ‘‘Department of Justice—Federal Bureau of ations of $2,650,000,000: Provided, That the Sec- in which such applicable appropriation, fund, Investigation—Salaries and Expenses’’. retary of Homeland Security shall provide a full or authorization is contained is enacted into SEC. 115. During the period covered by this accounting of disaster relief funding require- law. Act, discretionary amounts appropriated for fis- ments for such account for fiscal year 2012 not SEC. 108. Appropriations made and funds cal year 2012 that were provided in advance by later than 15 days after the date of the enact- made available by or authority granted pursu- appropriations Acts shall be available in the ment of this Act, and for fiscal year 2013 in con- ant to this Act may be used without regard to amounts provided in such Acts, reduced by the junction with the submission of the President’s the time limitations for submission and approval percentage in section 101(b). budget request for fiscal year 2013. of apportionments set forth in section 1513 of SEC. 116. Notwithstanding section 101, (b) The accounting described in subsection (a) title 31, United States Code, but nothing in this amounts made available by this Act for ‘‘De- for each fiscal year shall include estimates of Act may be construed to waive any other provi- partment of Defense—Operation and Mainte- the following amounts: sion of law governing the apportionment of nance—Operation and Maintenance, Air Force’’ (1) The unobligated balance of funds in such funds. may be used by the Secretary of Defense for op- account that has been (or will be) carried over SEC. 109. Notwithstanding any other provision erations and activities of the Office of Security to such fiscal year from prior fiscal years. of this Act, except section 106, for those pro- Cooperation in Iraq and security assistance (2) The unobligated balance of funds in such grams that would otherwise have high initial teams, including life support, transportation account that will be carried over from such fis- rates of operation or complete distribution of ap- and personal security, and facilities renovation cal year to the subsequent fiscal year. (3) The amount of the rolling average of non- propriations at the beginning of fiscal year 2012 and construction: Provided, That the authority catastrophic disasters, and the specific data because of distributions of funding to States, made by this section shall continue in effect used to calculate such rolling average, for such foreign countries, grantees, or others, such high through the date specified in section 106(3) of fiscal year. initial rates of operation or complete distribu- this Act: Provided further, That section 9014 of (4) The amount that will be obligated each tion shall not be made, and no grants shall be division A of Public Law 112–10 shall not apply month for catastrophic events, delineated by awarded for such programs funded by this Act to funds appropriated by this Act. event and State, and the total remaining fund- that would impinge on final funding preroga- SEC. 117. Notwithstanding section 101, funds ing that will be required after such fiscal year tives. made available in title IX of division A of Public for each such catastrophic event for each State. SEC. 110. This Act shall be implemented so Law 112–10 for ‘‘Overseas Contingency Oper- (5) The amount of previously obligated funds that only the most limited funding action of ations’’ shall be available at a rate for oper- that will be recovered each month of such fiscal that permitted in the Act shall be taken in order ations not to exceed the rate permitted by H.R. year. to provide for continuation of projects and ac- 2219 (112th Congress) as passed by the House of (6) The amount that will be required in such tivities. Representatives on July 8, 2011. fiscal year for emergencies, as defined in section SEC. 111. (a) For entitlements and other man- SEC. 118. The authority provided by section 102(1) of the Robert T. Stafford Disaster Relief datory payments whose budget authority was 127b of title 10, United States Code, shall con- and Emergency Assistance Act (42 U.S.C. provided in appropriations Acts for fiscal year tinue in effect through the date specified in sec- 5122(1)). 2011, and for activities under the Food and Nu- tion 106(3) of this Act. (7) The amount that will be required in such trition Act of 2008, activities shall be continued SEC. 119. The authority provided by section fiscal year for major disasters, as defined in sec- at the rate to maintain program levels under 1202 of the John Warner National Defense Au- tion 102(2) of the Robert T. Stafford Disaster Re- current law, under the authority and conditions thorization Act for Fiscal Year 2007 (Public Law lief and Emergency Assistance Act (42 U.S.C. provided in the applicable appropriations Act 109–364; 120 Stat. 2412), as extended by section 5122(2)). for fiscal year 2011, to be continued through the 1204(b) of the Duncan Hunter National Defense (8) The amount that will be required in such date specified in section 106(3). Authorization Act for Fiscal Year 2009 (Public fiscal year for fire management assistance (b) Notwithstanding section 106, obligations Law 110–417; 122 Stat. 4623), shall continue in grants, as defined in section 420 of the Robert T. for mandatory payments due on or about the effect through the date specified in section Stafford Disaster Relief and Emergency Assist- first day of any month that begins after October 106(3) of this Act. ance Act (42 U.S.C. 5187). 2011 but not later than 30 days after the date SEC. 120. Notwithstanding section 101, SEC. 126. Any funds made available pursuant specified in section 106(3) may continue to be amounts are provided for ‘‘Defense Nuclear Fa- to section 101 for the Department of Homeland made, and funds shall be available for such cilities Safety Board—Salaries and Expenses’’ at Security may be obligated at a rate for oper- payments. a rate for operations of $29,130,000. ations necessary to sustain essential security ac- SEC. 112. Amounts made available under sec- SEC. 121. Notwithstanding any other provision tivities, such as: staffing levels of operational tion 101 for civilian personnel compensation and of this Act, except section 106, the District of Co- personnel; immigration enforcement and re- benefits in each department and agency may be lumbia may expend local funds under the head- moval functions, including sustaining not less apportioned up to the rate for operations nec- ing ‘‘District of Columbia Funds’’ for such pro- than necessary detention bed capacity; and essary to avoid furloughs within such depart- grams and activities under title IV of H.R. 2434 United States Secret Service protective activities, ment or agency, consistent with the applicable (112th Congress), as reported by the Committee including protective activities necessary to se- appropriations Act for fiscal year 2011, except on Appropriations of the House of Representa- cure National Special Security Events. The Sec- that such authority provided under this section tives, at the rate set forth under ‘‘District of Co- retary of Homeland Security shall notify the shall not be used until after the department or lumbia Funds—Summary of Expenses’’ as in- Committees on Appropriations of the House of agency has taken all necessary actions to re- cluded in the Fiscal Year 2012 Budget Request Representatives and the Senate on each use of duce or defer non-personnel-related administra- Act of 2011 (D.C. Act 19–92), as modified as of the authority provided in this section. tive expenses. the date of the enactment of this Act. SEC. 127. The authority provided by section SEC. 113. Funds appropriated by this Act may SEC. 122. Notwithstanding section 101, 532 of Public Law 109–295 shall continue in ef- be obligated and expended notwithstanding sec- amounts are provided for the necessary expenses fect through the date specified in section 106(3) tion 10 of Public Law 91–672 (22 U.S.C. 2412), of the Recovery Accountability and Trans- of this Act. section 15 of the State Department Basic Au- parency Board, to carry out its functions under SEC. 128. The authority provided by section thorities Act of 1956 (22 U.S.C. 2680), section 313 title XV of division A of the American Recovery 831 of the Homeland Security Act of 2002 (6 of the Foreign Relations Authorization Act, Fis- and Reinvestment Act of 2009 (Public Law 111– U.S.C. 391) shall continue in effect through the cal Years 1994 and 1995 (22 U.S.C. 6212), and 5), at a rate for operations of $28,350,000. date specified in section 106(3) of this Act. section 504(a)(1) of the National Security Act of SEC. 123. (a) Section 9(m) of the Small Busi- SEC. 129. Section 550(b) of the Department of 1947 (50 U.S.C. 414(a)(1)). ness Act (15 U.S.C. 638(m)) shall be applied by Homeland Security Appropriations Act, 2007 (6 SEC. 114. (a) Except as provided in subsection substituting the date specified in section 106(3) U.S.C. 121 note) shall be applied by substituting (b), each amount incorporated by reference in of this Act for ‘‘September 30, 2011’’. the date specified in section 106(3) of this Act for this Act that was previously designated as being (b) Notwithstanding section 9(n)(1)(A) of the ‘‘October 4, 2011’’. for contingency operations directly related to Small Business Act (15 U.S.C. 638(n)(1)(A)), the SEC. 130. Sections 1309(a) and 1319 of the Na- the global war on terrorism pursuant to section Small Business Technology Transfer Program tional Flood Insurance Act of 1968 (42 U.S.C.

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 6333 E:\CR\FM\A03OC6.030 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6055

4016(a) and 4026) shall be applied by sub- Strike all after the enacting clause and in- SEC. 108. Appropriations made and funds stituting the date specified in section 106(3) of sert the following: made available by or authority granted pursu- this Act for ‘‘September 30, 2011’’. That the following sums are hereby appro- ant to this Act may be used without regard to SEC. 131. Section 330 of the Department of the priated, out of any money in the Treasury not the time limitations for submission and approval Interior and Related Agencies Appropriations otherwise appropriated, and out of applicable of apportionments set forth in section 1513 of Act, 2001 (42 U.S.C. 1701 note), concerning Serv- corporate or other revenues, receipts, and funds, title 31, United States Code, but nothing in this ice First authorities, shall continue in effect for the several departments, agencies, corpora- Act may be construed to waive any other provi- through the date specified in section 106(3) of tions, and other organizational units of Govern- sion of law governing the apportionment of this Act. ment for fiscal year 2012, and for other pur- funds. SEC. 132. Notwithstanding section 101, section poses, namely: SEC. 109. Notwithstanding any other provision 1807 of Public Law 112–10 shall be applied by SEC. 101. (a) Such amounts as may be nec- of this Act, except section 106, for those pro- substituting ‘‘$374,743,000’’ for ‘‘$363,843,000’’ essary, at a rate for operations as provided in grams that would otherwise have high initial and ‘‘$10,900,000’’ for ‘‘$3,000,000’’. the applicable appropriations Acts for fiscal rates of operation or complete distribution of ap- SEC. 133. The second proviso of section year 2011 and under the authority and condi- propriations at the beginning of fiscal year 2012 1801(a)(3) of Public Law 112–10 is amended by tions provided in such Acts, for continuing because of distributions of funding to States, striking ‘‘appropriation under this subpara- projects or activities (including the costs of di- foreign countries, grantees, or others, such high graph’’ and inserting ‘‘appropriations made rect loans and loan guarantees) that are not initial rates of operation or complete distribu- available by this Act’’. otherwise specifically provided for in this Act, tion shall not be made, and no grants shall be SEC. 134. Notwithstanding section 101, that were conducted in fiscal year 2011, and for awarded for such programs funded by this Act amounts are provided for ‘‘Federal Mine Safety which appropriations, funds, or other authority that would impinge on final funding preroga- and Health Review Commission—Salaries and were made available in the following appropria- tives. Expenses’’ at a rate for operations of tions Acts: SEC. 110. This Act shall be implemented so $14,510,000. (1) The Department of Defense Appropriations that only the most limited funding action of SEC. 135. Sections 399AA(e), 399BB(g), and Act, 2011 (division A of Public Law 112–10). that permitted in the Act shall be taken in order 399CC(f) of the Public Health Service Act (42 (2) The Full-Year Continuing Appropriations to provide for continuation of projects and ac- U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- Act, 2011 (division B of Public Law 112–10). tivities. plied by substituting the date specified in sec- (b) The rate for operations provided by sub- SEC. 111. (a) For entitlements and other man- tion 106(3) of this Act for ‘‘September 30, 2011’’. section (a) is hereby reduced by 1.503 percent. datory payments whose budget authority was SEC. 136. Notwithstanding section 101, section SEC. 102. (a) No appropriation or funds made provided in appropriations Acts for fiscal year 2005 of division B of Public Law 112–10 shall be available or authority granted pursuant to sec- 2011, and for activities under the Food and Nu- applied by substituting ‘‘$0’’ for each dollar tion 101 for the Department of Defense shall be trition Act of 2008, activities shall be continued amount. used for (1) the new production of items not at the rate to maintain program levels under SEC. 137. The Export-Import Bank Act of 1945 funded for production in fiscal year 2011 or current law, under the authority and conditions (12 U.S.C. 635 et seq.) shall be applied by sub- prior years; (2) the increase in production rates provided in the applicable appropriations Act stituting the date specified in section 106(3) of above those sustained with fiscal year 2011 for fiscal year 2011, to be continued through the this Act for ‘‘September 30, 2011’’ in section 7 of funds; or (3) the initiation, resumption, or con- date specified in section 106(3). such Act. tinuation of any project, activity, operation, or (b) Notwithstanding section 106, obligations for mandatory payments due on or about the SEC. 138. Section 209 of the International Reli- organization (defined as any project, subproject, first day of any month that begins after October gious Freedom Act of 1998 (22 U.S.C. 6436) shall activity, budget activity, program element, and 2011 but not later than 30 days after the date be applied by substituting the date specified in subprogram within a program element, and for specified in section 106(3) may continue to be section 106(3) of this Act for ‘‘September 30, any investment items defined as a P–1 line item made, and funds shall be available for such 2011’’. in a budget activity within an appropriation ac- payments. SEC. 139. Commitments to guarantee loans in- count and an R–1 line item that includes a pro- SEC. 112. Amounts made available under sec- curred under the General and Special Risk In- gram element and subprogram element within surance Funds, as authorized by sections 238 tion 101 for civilian personnel compensation and an appropriation account) for which appropria- benefits in each department and agency may be and 519 of the National Housing Act (12 U.S.C. tions, funds, or other authority were not avail- apportioned up to the rate for operations nec- 1715z–3 and 1735c), shall not exceed a rate for able during fiscal year 2011. essary to avoid furloughs within such depart- operations of $25,000,000,000: Provided, That (b) No appropriation or funds made available ment or agency, consistent with the applicable total loan principal, any part of which is to be or authority granted pursuant to section 101 for appropriations Act for fiscal year 2011, except guaranteed, may be apportioned through the the Department of Defense shall be used to ini- that such authority provided under this section date specified in section 106(3) of this Act, at tiate multi-year procurements utilizing advance shall not be used until after the department or $80,000,000 multiplied by the number of days procurement funding for economic order quan- agency has taken all necessary actions to re- covered in this Act. tity procurement unless specifically appro- duce or defer non-personnel-related administra- SEC. 140. (a) RENEWAL OF IMPORT RESTRIC- priated later. tive expenses. TIONS UNDER BURMESE FREEDOM AND DEMOC- SEC. 103. Appropriations made by section 101 SEC. 113. Funds appropriated by this Act may RACY ACT OF 2003.— shall be available to the extent and in the man- be obligated and expended notwithstanding sec- (1) IN GENERAL.—Congress approves the re- ner that would be provided by the pertinent ap- tion 10 of Public Law 91–672 (22 U.S.C. 2412), newal of the import restrictions contained in propriations Act. section 15 of the State Department Basic Au- section 3(a)(1) and section 3A (b)(1) and (c)(1) of SEC. 104. Except as otherwise provided in sec- thorities Act of 1956 (22 U.S.C. 2680), section 313 the Burmese Freedom and Democracy Act of tion 102, no appropriation or funds made avail- of the Foreign Relations Authorization Act, Fis- 2003. able or authority granted pursuant to section cal Years 1994 and 1995 (22 U.S.C. 6212), and (2) RULE OF CONSTRUCTION.—This section 101 shall be used to initiate or resume any section 504(a)(1) of the National Security Act of shall be deemed to be a ‘‘renewal resolution’’ for project or activity for which appropriations, 1947 (50 U.S.C. 414(a)(1)). purposes of section 9 of the Burmese Freedom funds, or other authority were not available SEC. 114. (a) Except as provided in subsection and Democracy Act of 2003. during fiscal year 2011. (b), each amount incorporated by reference in (b) EFFECTIVE DATE.—This section shall take SEC. 105. Appropriations made and authority this Act that was previously designated as being effect on July 26, 2011. granted pursuant to this Act shall cover all obli- for contingency operations directly related to (c) APPLICABILITY.—This section shall not be gations or expenditures incurred for any project the global war on terrorism pursuant to section subject to any other provision of this Act. or activity during the period for which funds or 3(c)(2) of H. Res. 5 (112th Congress) and as an This Act may be cited as the ‘‘Continuing Ap- authority for such project or activity are avail- emergency requirement pursuant to section propriations Act, 2012’’. able under this Act. 403(a) of S. Con. Res. 13 (111th Congress), the f SEC. 106. Unless otherwise provided for in this concurrent resolution on the budget for fiscal Act or in the applicable appropriations Act for DEPARTMENT OF HOMELAND SE- year 2010, is designated by the Congress for fiscal year 2012, appropriations and funds made Overseas Contingency Operations/Global War CURITY APPROPRIATIONS ACT, available and authority granted pursuant to on Terrorism pursuant to section 251(b)(2)(A) of 2012 this Act shall be available until whichever of the the Balanced Budget and Emergency Deficit On Monday, September 26, 2011, the following first occurs: (1) the enactment into Control Act of 1985, except that such amount Senate passed H.R. 2017, as amended, as law of an appropriation for any project or activ- shall be available only if the President subse- follows: ity provided for in this Act; (2) the enactment quently so designates such amount and trans- into law of the applicable appropriations Act for mits such designation to the Congress. Section H.R. 2017 fiscal year 2012 without any provision for such 101(b) of this Act shall not apply to any amount Resolved, That the bill from the House of project or activity; or (3) October 4, 2011. so designated. Representatives (H.R. 2017) entitled ‘‘An Act SEC. 107. Expenditures made pursuant to this (b) Subsection (a) shall not apply to amounts making appropriations for the Department Act shall be charged to the applicable appro- for ‘‘Department of Justice—Federal Bureau of of Homeland Security for the fiscal year end- priation, fund, or authorization whenever a bill Investigation—Salaries and Expenses’’. ing September 30, 2012, and for other pur- in which such applicable appropriation, fund, SEC. 115. During the period covered by this poses.’’, do pass with the following amend- or authorization is contained is enacted into Act, discretionary amounts appropriated for fis- ments: law. cal year 2012 that were provided in advance by

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 6333 E:\CR\FM\A03OC6.030 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6056 CONGRESSIONAL RECORD — SENATE October 3, 2011 appropriations Acts shall be available in the ment of this Act, and for fiscal year 2013 in con- and Health Review Commission—Salaries and amounts provided in such Acts, reduced by the junction with the submission of the President’s Expenses’’ at a rate for operations of percentage in section 101(b). budget request for fiscal year 2013. $14,510,000. SEC. 116. Notwithstanding section 101, (b) The accounting described in subsection (a) SEC. 135. Sections 399AA(e), 399BB(g), and amounts made available by this Act for ‘‘De- for each fiscal year shall include estimates of 399CC(f) of the Public Health Service Act (42 partment of Defense—Operation and Mainte- the following amounts: U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- nance—Operation and Maintenance, Air Force’’ (1) The unobligated balance of funds in such plied by substituting the date specified in sec- may be used by the Secretary of Defense for op- account that has been (or will be) carried over tion 106(3) of this Act for ‘‘September 30, 2011’’. erations and activities of the Office of Security to such fiscal year from prior fiscal years. SEC. 136. Notwithstanding section 101, section Cooperation in Iraq and security assistance (2) The unobligated balance of funds in such 2005 of division B of Public Law 112–10 shall be teams, including life support, transportation account that will be carried over from such fis- applied by substituting ‘‘$0’’ for each dollar and personal security, and facilities renovation cal year to the subsequent fiscal year. amount. and construction: Provided, That the authority (3) The amount of the rolling average of non- SEC. 137. The Export-Import Bank Act of 1945 made by this section shall continue in effect catastrophic disasters, and the specific data (12 U.S.C. 635 et seq.) shall be applied by sub- through the date specified in section 106(3) of used to calculate such rolling average, for such stituting the date specified in section 106(3) of this Act: Provided further, That section 9014 of fiscal year. this Act for ‘‘September 30, 2011’’ in section 7 of (4) The amount that will be obligated each division A of Public Law 112–10 shall not apply such Act. month for catastrophic events, delineated by to funds appropriated by this Act. SEC. 138. Section 209 of the International Reli- SEC. 117. Notwithstanding section 101, funds event and State, and the total remaining fund- gious Freedom Act of 1998 (22 U.S.C. 6436) shall made available in title IX of division A of Public ing that will be required after such fiscal year be applied by substituting the date specified in Law 112–10 for ‘‘Overseas Contingency Oper- for each such catastrophic event for each State. section 106(3) of this Act for ‘‘September 30, (5) The amount of previously obligated funds ations’’ shall be available at a rate for oper- 2011’’. that will be recovered each month of such fiscal ations not to exceed the rate permitted by H.R. SEC. 139. Commitments to guarantee loans in- year. curred under the General and Special Risk In- 2219 (112th Congress) as passed by the House of (6) The amount that will be required in such surance Funds, as authorized by sections 238 Representatives on July 8, 2011. fiscal year for emergencies, as defined in section SEC. 118. The authority provided by section and 519 of the National Housing Act (12 U.S.C. 102(1) of the Robert T. Stafford Disaster Relief 127b of title 10, United States Code, shall con- 1715z–3 and 1735c), shall not exceed a rate for and Emergency Assistance Act (42 U.S.C. tinue in effect through the date specified in sec- operations of $25,000,000,000: Provided, That 5122(1)). total loan principal, any part of which is to be tion 106(3) of this Act. (7) The amount that will be required in such SEC. 119. The authority provided by section guaranteed, may be apportioned through the fiscal year for major disasters, as defined in sec- 1202 of the John Warner National Defense Au- date specified in section 106(3) of this Act, at tion 102(2) of the Robert T. Stafford Disaster Re- thorization Act for Fiscal Year 2007 (Public Law $80,000,000 multiplied by the number of days lief and Emergency Assistance Act (42 U.S.C. 109–364; 120 Stat. 2412), as extended by section covered in this Act. 5122(2)). 1204(b) of the Duncan Hunter National Defense (8) The amount that will be required in such SEC. 140. (a) RENEWAL OF IMPORT RESTRIC- Authorization Act for Fiscal Year 2009 (Public fiscal year for fire management assistance TIONS UNDER BURMESE FREEDOM AND DEMOC- Law 110–417; 122 Stat. 4623), shall continue in grants, as defined in section 420 of the Robert T. RACY ACT OF 2003.— (1) IN GENERAL.—Congress approves the re- effect through the date specified in section Stafford Disaster Relief and Emergency Assist- newal of the import restrictions contained in 106(3) of this Act. ance Act (42 U.S.C. 5187). SEC. 120. Notwithstanding section 101, SEC. 126. Any funds made available pursuant section 3(a)(1) and section 3A (b)(1) and (c)(1) of amounts are provided for ‘‘Defense Nuclear Fa- to section 101 for the Department of Homeland the Burmese Freedom and Democracy Act of cilities Safety Board—Salaries and Expenses’’ at Security may be obligated at a rate for oper- 2003. a rate for operations of $29,130,000. ations necessary to sustain essential security ac- (2) RULE OF CONSTRUCTION.—This section SEC. 121. Notwithstanding any other provision tivities, such as: staffing levels of operational shall be deemed to be a ‘‘renewal resolution’’ for of this Act, except section 106, the District of Co- personnel; immigration enforcement and re- purposes of section 9 of the Burmese Freedom lumbia may expend local funds under the head- moval functions, including sustaining not less and Democracy Act of 2003. (b) EFFECTIVE DATE.—This section shall take ing ‘‘District of Columbia Funds’’ for such pro- than necessary detention bed capacity; and effect on July 26, 2011. grams and activities under title IV of H.R. 2434 United States Secret Service protective activities, (c) APPLICABILITY.—This section shall not be (112th Congress), as reported by the Committee including protective activities necessary to se- subject to any other provision of this Act. on Appropriations of the House of Representa- cure National Special Security Events. The Sec- This Act may be cited as the ‘‘Continuing Ap- tives, at the rate set forth under ‘‘District of Co- retary of Homeland Security shall notify the lumbia Funds—Summary of Expenses’’ as in- propriations Act, 2012’’. Committees on Appropriations of the House of Amend the title so as to read: ‘‘An Act cluded in the Fiscal Year 2012 Budget Request Representatives and the Senate on each use of Act of 2011 (D.C. Act 19–92), as modified as of making continuing appropriations for fiscal the authority provided in this section. year 2012, and for other purposes.’’. the date of the enactment of this Act. SEC. 127. The authority provided by section SEC. 122. Notwithstanding section 101, 532 of Public Law 109–295 shall continue in ef- f amounts are provided for the necessary expenses fect through the date specified in section 106(3) EXECUTIVE SESSION of the Recovery Accountability and Trans- of this Act. parency Board, to carry out its functions under SEC. 128. The authority provided by section title XV of division A of the American Recovery 831 of the Homeland Security Act of 2002 (6 EXECUTIVE CALENDAR and Reinvestment Act of 2009 (Public Law 111– U.S.C. 391) shall continue in effect through the 5), at a rate for operations of $28,350,000. date specified in section 106(3) of this Act. Mr. BROWN of Ohio. Mr. President, I SEC. 123. (a) Section 9(m) of the Small Busi- SEC. 129. Section 550(b) of the Department of ask unanimous consent that the Sen- ness Act (15 U.S.C. 638(m)) shall be applied by Homeland Security Appropriations Act, 2007 (6 ate proceed to executive session to con- substituting the date specified in section 106(3) U.S.C. 121 note) shall be applied by substituting sider the following nomination: No. 359; of this Act for ‘‘September 30, 2011’’. the date specified in section 106(3) of this Act for (b) Notwithstanding section 9(n)(1)(A) of the ‘‘October 4, 2011’’. that the nomination be confirmed the Small Business Act (15 U.S.C. 638(n)(1)(A)), the SEC. 130. Sections 1309(a) and 1319 of the Na- motion to reconsider be considered Small Business Technology Transfer Program tional Flood Insurance Act of 1968 (42 U.S.C. made and laid upon the table with no shall continue in effect through the date speci- 4016(a) and 4026) shall be applied by sub- intervening action or debate; that no fied in section 106(3) of this Act. stituting the date specified in section 106(3) of further motions be in order to the nom- (c) Notwithstanding section 9(y)(6) of the this Act for ‘‘September 30, 2011’’. ination; that any related statements be Small Business Act (15 U.S.C. 638(y)(6)), the SEC. 131. Section 330 of the Department of the printed in the RECORD; that the Presi- pilot program under section 9(y) of such Act Interior and Related Agencies Appropriations shall continue in effect through the date speci- Act, 2001 (42 U.S.C. 1701 note), concerning Serv- dent be immediately notified of the fied in section 106(3) of this Act. ice First authorities, shall continue in effect Senate’s action and the Senate resume SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, through the date specified in section 106(3) of legislative session. United States Code, is amended by striking this Act. The PRESIDING OFFICER. Without ‘‘September 30, 2011’’ and inserting the date SEC. 132. Notwithstanding section 101, section objection, it is so ordered. specified in section 106(3) of this Act. 1807 of Public Law 112–10 shall be applied by The nomination considered and con- SEC. 125. (a) Notwithstanding section 101, substituting ‘‘$374,743,000’’ for ‘‘$363,843,000’’ firmed is as follows: amounts are provided for ‘‘Department of Home- and ‘‘$10,900,000’’ for ‘‘$3,000,000’’. land Security—Federal Emergency Management SEC. 133. The second proviso of section DEPARTMENT OF STATE Agency—Disaster Relief’’ at a rate for oper- 1801(a)(3) of Public Law 112–10 is amended by Robert Stephen Ford, of Vermont, a Career ations of $2,650,000,000: Provided, That the Sec- striking ‘‘appropriation under this subpara- Member of the Senior Foreign Service, Class retary of Homeland Security shall provide a full graph’’ and inserting ‘‘appropriations made of Minister-Counselor, to be Ambassador Ex- accounting of disaster relief funding require- available by this Act’’. traordinary and Plenipotentiary of the ments for such account for fiscal year 2012 not SEC. 134. Notwithstanding section 101, United States of America to the Syrian Arab later than 15 days after the date of the enact- amounts are provided for ‘‘Federal Mine Safety Republic.

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.031 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6057 LEGISLATIVE SESSION ASSISTANT SECRETARY OF STATE (WESTERN HEMI- KILLASHANDRA CANCEL, OF VIRGINIA SPHERE AFFAIRS), VICE ARTURO A. VALENZUELA, RE- YUNG JYONG CERANA, OF VIRGINIA The PRESIDING OFFICER. Under SIGNED. HANNAH CHA, OF OHIO PETER H. CHRISTIANSEN, OF ALASKA NATIONAL INSTITUTE OF BUILDING SCIENCES the previous order, the Senate returns JULIA CLARKE, OF VIRGINIA to legislative session. JAMES T. RYAN, OF UTAH, TO BE A MEMBER OF THE TAVON COOKE, OF NEW JERSEY BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE OF MERCEDES LAVEL CROSBY, OF MASSACHUSETTS f BUILDING SCIENCES FOR A TERM EXPIRING SEPTEMBER CHAD SPENCER CRYDER, OF INDIANA 7, 2013, VICE JAMES BROADDUS, RESIGNED. CHANSONETTA C. CUMMINGS, OF VIRGINIA ORDERS FOR TUESDAY, OCTOBER MATTHEW D CUSTANCE, OF VIRGINIA FOREIGN SERVICE 4, 2011 CYNTHIA CHANG-WEN DAVILA, OF MINNESOTA THE FOLLOWING-NAMED PERSONS OF THE DEPART- RAFAEL DIAZ, OF NEVADA Mr. BROWN of Ohio. Mr. President, I MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- ANDREW H. DOEHLER, OF MARYLAND ask unanimous consent that when the ICE OFFICERS OF THE CLASSES STATED. CLARE E. DOWDLE, OF THE DISTRICT OF COLUMBIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF STEVEN R. DUKE, OF VIRGINIA Senate completes its business today, it CLASS THREE, CONSULAR OFFICER AND SECRETARY IN ANNA DUPONT, OF NEW YORK adjourn until 10 a.m. on Tuesday, Octo- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF EDY ZOHAR DURAN, OF TEXAS TIM EDGE, OF CALIFORNIA ber 4, 2011; that following the prayer AMERICA: TIMOTHY M. BASHOR, OF TEXAS LINDSEY M. ERICKSON, OF MARYLAND and pledge, the Journal of proceedings DANIEL C. CALLAHAN, OF VIRGINIA PARVANEH A. FAKHERI, OF VIRGINIA MIGNON TURNER CARDENTEY, OF NORTH CAROLINA MARY K. FANOUS, OF VIRGINIA be approved to date, the morning hour CHRISTOPHER R. FARLOW, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF DAVID W. FARNHAM, OF MARYLAND be deemed expired, and the time for the CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN JESSE F. FERRARA, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF two leaders be reserved for their use LAUREN FRANCES FONDREN, OF TEXAS AMERICA: later in the day; that following any DAVID FREITAS, OF FLORIDA leader remarks, the Senate be in a pe- HOLLY CASSANDRA ALLEN, OF ARIZONA EDUARDO GARCIA, OF TEXAS HAYWARD M. ALTO, OF CALIFORNIA KAM J. GORDON, OF UTAH riod of morning business for 1 hour, D. HEATH BAILEY, OF NEVADA LUKE GREICIUS, OF NEW YORK with Senators permitted to speak LYDIA BETH BARRAZA, OF TEXAS RACHEL L. GROSS, OF CALIFORNIA SETH G. BLAYLOCK, OF VIRGINIA KAY T. HAIRSTON, OF VIRGINIA therein for up to 10 minutes each, with BRANDON LAUT BORKOWICZ, OF CALIFORNIA SHARON MONIQUE HAJI MKANGA, OF MASSACHUSETTS the time equally divided and controlled MARK J. BOSSE, OF CALIFORNIA ALEXANDER FERRELL HALL, OF MINNESOTA CHRISTOPHER IAN BREDING, OF TEXAS KARLENE M. HENNINGER FRELICH, OF MARYLAND between the two leaders or their des- DONALD A. BROWN, OF LOUISIANA ANDREW M. HAMILTON, OF MARYLAND ignees, with the majority controlling CHARLES L. BROWN II, OF TEXAS HAMMAD B. HAMMAD, OF CALIFORNIA ROBERTA R. BURNS, OF NEW YORK CHRISTINA E. D. HARDAWAY, OF GEORGIA the first half and the Republicans con- MICHAEL J CARNEY, OF SOUTH CAROLINA JENNIFER ANNE-MARIE HARWOOD, OF MARYLAND LISA BARANOWSKI CONESA, OF WISCONSIN MICHAEL M. HOLLAND, OF MARYLAND trolling the final half; that following THOMAS PATRICK DALTON, OF TEXAS CHRISTIANA M. HOLLIS, OF FLORIDA THOMAS ROBERT DEBOR, JR., OF PENNSYLVANIA morning business, the Senate resume AARON THEODORE JACKSON, OF CALIFORNIA HADI K. DEEB, OF INDIANA consideration of the motion to proceed ADAM JAGELSKI, OF WASHINGTON JACOB M. DOTY, OF OREGON JESSICA LYNN JARCEV, OF WASHINGTON to S. 1619, the Currency Exchange Rate MARGARET ANN EHR, OF MICHIGAN SARAH H. JESSUP, OF MARYLAND KELLEE ARDEN FARMER, OF KANSAS Oversight Reform Act, postcloture; fur- KATHLEEN JUDGE-MITCHELL, OF FLORIDA KRIS FRESONKE, OF WASHINGTON JAMES J. KANIA, OF PENNSYLVANIA ther, that the Senate recess from 12:30 KEVIN W. FRILOUX, OF TEXAS ASHOK KAUL, OF NEVADA PETER PAUL GALUS, OF CALIFORNIA p.m. until 2:15 p.m. for the weekly cau- MIRA J. KIM, OF ILLINOIS JUAN JAIME GAMBOA, OF TEXAS cus meetings; finally, that at 2:30 p.m., PAUL ANTHONY GHIOTTO, JR., OF FLORIDA CHELSEA M. KINSMAN, OF NEW YORK GRETCHEN MARIE KISER, OF VIRGINIA all postcloture time on the motion to VALLERA MICHELLE GIBSON, OF GEORGIA SEAN S. GREENLEY, OF SOUTH CAROLINA JENNIFER KLARMAN, OF FLORIDA proceed to S. 1619 be yielded back and, SILJE M. GRIMSTAD, OF VIRGINIA COURTNEY KLINE, OF PENNSYLVANIA JOSEPH B. KRINOCK, OF THE DISTRICT OF COLUMBIA following the reporting of the bill, the DELLA R. HARELAND, OF NEVADA THOMAS N. KATEN, OF VIRGINIA BORCHIEN LAI, OF THE DISTRICT OF COLUMBIA majority leader be recognized. SHAMIM KAZEMI, OF MARYLAND JEFFREY R. LAKSHAS, OF WASHINGTON The PRESIDING OFFICER. Without JAY MARSHALL KIMMEL, OF VIRGINIA RENEE L. LARIVIERE, OF VERMONT ELIZABETH K. LEE, OF CALIFORNIA BARBARA LYNN LAWSON, OF VIRGINIA objection, it is so ordered. MARY LOFRISCO-MCCLURE, OF FLORIDA GABRIELLE LEGEAY, OF THE DISTRICT OF COLUMBIA DARRIN WILLIAM STUART MACKINNON, OF VIRGINIA BARBARA ELLEN LESTER, OF PENNSYLVANIA f THERESA J. MANGIONE, OF FLORIDA VICTORIA B. LIU, OF VIRGINIA KUNDAI VICTORIA MASHINGAIDZE, OF CALIFORNIA DAVID K. LORIO, OF VIRGINIA PROGRAM GEORGE D. MATHEWS, OF VIRGINIA AZZAM LOSTAN, OF CALIFORNIA CATHERINE JEAN MCFARLAND, OF FLORIDA MICHAEL B. LUMMUS, OF VIRGINIA Mr. BROWN of Ohio. Mr. President, BETHANY MILTON, OF NEW YORK DEC LY, OF VIRGINIA we will begin consideration of S. 1619 RICHARD MORRIS, OF COLORADO CATHERINE MATHES, OF ILLINOIS MATTHEW ABRAHAM MYERS, SR., OF FLORIDA JOSHUA MCCAVE, OF MARYLAND during Tuesday’s session. Senators will WILLIAM RICHARD NELSON, OF WISCONSIN JENNIFER MCGOWAN, OF VIRGINIA be notified when votes are scheduled. LAREINA L. OCKERMAN, OF VIRGINIA SHANNON MERLO, OF VIRGINIA RYAN M. REID, OF ALASKA SCOTT E. MILGROOM, OF MASSACHUSETTS f AMY E. ROTH, OF LOUISIANA KYLE JOHN MISSBACH, OF TEXAS CHRISTOPHER DAVID SCHEFFMAN, OF TEXAS DANIELLE F. MONAGHAN, OF NEW JERSEY ADJOURNMENT UNTIL 10 A.M. DAVID RYAN SECKINGER, OF TEXAS CHARLEY LUTHER MONTGOMERY, OF CALIFORNIA TOMORROW GARY BARTON STOKES, OF THE DISTRICT OF COLUMBIA SCOTT E. MURPHY, OF VIRGINIA FRANK P. TALLUTO, OF NEW HAMPSHIRE NINA MURRAY, OF NEBRASKA Mr. BROWN of Ohio. If there is no ALEXANDER TATSIS, OF NEW HAMPSHIRE JOHNATHAN S. NASH, OF VIRGINIA ESPERANZA MARIE TILGHMAN, OF CALIFORNIA JULIANA A. NELSON, OF CALIFORNIA further business to come before the JOSEPH ANTHONY TORDELLA, OF FLORIDA STEPHANIE D. NISIVOCCIA, OF VIRGINIA Senate, I ask unanimous consent that RUBANI I. TRIMIEW, OF NEW JERSEY RACHEL OREOLUWA OKUNUBI, OF THE DISTRICT OF CO- JOACHIM VAN BRANDT, OF VIRGINIA LUMBIA it stand adjourned under the previous STAFFORD ASHLEY WARD, OF GEORGIA AMBER M. OLIVA, OF ALASKA order. CLINT ALLAN WATTS, OF COLORADO SEAN P. OLMSTEAD, OF THE DISTRICT OF COLUMBIA There being no objection, the Senate, RICHARD VANCE WHITTEN, OF FLORIDA ADAM R. OLSZOWKA, OF ILLINOIS WHITNEY SCOTT WIEDEMAN, OF TEXAS NATALIE L. PETERSON, OF OHIO at 7:28 p.m., adjourned until Tuesday, ANDREA JP WIKTOWY, OF THE DISTRICT OF COLUMBIA MATTHEW PIERSON, OF VIRGINIA October 4, 2011, at 10 a.m. BRYAN G. WOCKLEY, OF VERMONT WALTON C. PORTER, JR., OF VIRGINIA DARYN L. YODER, OF VIRGINIA NATHAN CLYDE POWELL, OF VIRGINIA f ADAM ZERBINOPOULOS, OF TEXAS LISBETH SANDOY, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN DINA L. SCHORR, OF THE DISTRICT OF COLUMBIA NOMINATIONS SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES DAVID CLAYTON SCHWARTZ, OF VIRGINIA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MATTHEW WILLIAM SCRANTON, OF PENNSYLVANIA Executive nominations received by AMERICA: D. ROSALIND SEWELL, OF GEORGIA the Senate: SUEMAYAH M. ABU-DOULEH, OF ILLINOIS TAU NKOKHELI SHANKLIN ROBERTS, OF THE DISTRICT MICHAEL K. AGNER, JR., OF FLORIDA OF COLUMBIA DEPARTMENT OF AGRICULTURE MEGAN AHEARN, OF PENNSYLVANIA WESLEY C. SHELTON, OF NEVADA MARY ANN SHEPHERD, OF THE DISTRICT OF COLUMBIA MICHAEL T. SCUSE, OF DELAWARE, TO BE UNDER SEC- TRISTAN J. ALLEN, OF ARKANSAS TAMARA RENEE SHIE, OF VIRGINIA RETARY OF AGRICULTURE FOR FARM AND FOREIGN AG- JONATHAN R. ANDERSON, OF VIRGINIA KRISTEN MICHELLE EDIANN SMART, OF THE DISTRICT RICULTURAL SERVICES, VICE JAMES W. MILLER, RE- PAULINE W. ANDERSON, OF CALIFORNIA OF COLUMBIA SIGNED. MICHAEL P. ARENA, OF VIRGINIA CARLA ELENA SNYDER, OF FLORIDA MICHAEL T. SCUSE, OF DELAWARE, TO BE A MEMBER BRIAN DAVID ASCHER, OF FLORIDA THERESA A. CARPENTER SONDJO, OF MARYLAND OF THE BOARD OF DIRECTORS OF THE COMMODITY OSCAR D. AVILA, OF ILLINOIS LACHLYN M. SOPER, OF WISCONSIN CREDIT CORPORATION, VICE JAMES W. MILLER, RE- JASON PERRY AZEVEDO, OF MASSACHUSETTS CELESTE J. STEWART, OF MONTANA SIGNED. FRANCESCO CARLO BARBACCI, OF VIRGINIA ANDREW BARWIG, OF COLORADO KARYN M. STOVALL, OF ILLINOIS UNITED STATES AGENCY FOR INTERNATIONAL JEREMY D. BERTSCH, OF VIRGINIA AKASH RAJ SURI, OF CALIFORNIA DEVELOPMENT TEANCUM T. BEVANS, OF VIRGINIA PAMELA S. TAYLOR, OF VIRGINIA RICHMOND PAUL BLAKE, OF PENNSYLVANIA AARON C. TRUAX, OF NEW HAMPSHIRE EARL W. GAST, OF CALIFORNIA, TO BE AN ASSISTANT JAKE L. BRANSON, OF VIRGINIA KARINA A. VERAS, OF NEW YORK ADMINISTRATOR OF THE UNITED STATES AGENCY FOR PAMELA L. BRANSON, OF VIRGINIA VANJA VUKOTA, OF FLORIDA INTERNATIONAL DEVELOPMENT, VICE KATHERINE KETURA DEMARIS BROWN, OF MASSACHUSETTS WILLIAM W. WACHTER, OF NEW JERSEY ALMQUIST, RESIGNED. LASEAN BROWN, OF GEORGIA JEFFREY M. WARNER, OF CALIFORNIA DEPARTMENT OF STATE MICHELE A. BROWNE-APPIAH, OF VIRGINIA ALLISON L. WERNER, OF THE DISTRICT OF COLUMBIA CAROLINE R. BUDDENHAGEN, OF THE DISTRICT OF CO- RICHARD J. WILLIAMS, OF CALIFORNIA ROBERTA S. JACOBSON, OF MARYLAND, A CAREER LUMBIA ZAINABU ZAWADI WILLIAMS, OF THE DISTRICT OF CO- MEMBER OF THE SENIOR EXECUTIVE SERVICE, TO BE AN LAURA A. BURNS, OF VIRGINIA LUMBIA

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 9801 E:\CR\FM\G03OC6.051 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6058 CONGRESSIONAL RECORD — SENATE October 3, 2011 JAMES S. WILSON, OF VIRGINIA WILLIAM FRANCIS KUNTZ, II, OF NEW YORK, TO BE WITHDRAWALS LAUREN E. YOST, OF VIRGINIA UNITED STATES DISTRICT JUDGE FOR THE EASTERN SYLVIE YOUNG, OF CALIFORNIA DISTRICT OF NEW YORK. RAFAELA ZUIDEMA, OF PENNSYLVANIA MARINA GARCIA MARMOLEJO, OF TEXAS, TO BE Executive Message transmitted by UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN the President to the Senate on October f DISTRICT OF TEXAS. 3, 2011 withdrawing from further Sen- CONFIRMATIONS JENNIFER GUERIN ZIPPS, OF ARIZONA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- ate consideration the following nomi- ZONA. Executive nominations confirmed by nations: the Senate, October 3, 2011: DEPARTMENT OF STATE TERRY D. GARCIA, OF FLORIDA, TO BE DEPUTY SEC- THE JUDICIARY ROBERT STEPHEN FORD, OF VERMONT, A CAREER RETARY OF COMMERCE, VICE DENNIS F. HIGHTOWER, RE- SIGNED, WHICH WAS SENT TO THE SENATE ON MAY 16, HENRY F. FLOYD, OF SOUTH CAROLINA, TO BE UNITED MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 2011. STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- NANNETTE JOLIVETTE BROWN, OF LOUISIANA, TO BE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JAMES T. RYAN, OF UTAH, TO BE A MEMBER OF THE UNITED STATES DISTRICT JUDGE FOR THE EASTERN OF AMERICA TO THE SYRIAN ARAB REPUBLIC, TO WHICH BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE OF DISTRICT OF LOUISIANA. POSITION HE WAS APPOINTED DURING THE RECESS OF BUILDING SCIENCES FOR A TERM EXPIRING SEPTEMBER NANCY TORRESEN, OF MAINE, TO BE UNITED STATES THE SENATE FROM DECEMBER 22, 2010, TO JANUARY 5, 7, 2013, VICE JAMES BROADDUS, RESIGNED, WHICH WAS DISTRICT JUDGE FOR THE DISTRICT OF MAINE. 2011. SENT TO THE SENATE ON JULY 22, 2011.

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CONGRATULATING TAIWAN ON ITS S. Kurt Hettel. E–7 Specialist. USA Reserve with Equality Ohio, TransOhio, the LGBT Cen- CENTENNIAL Ronald F. Hoopes. E–4 Specialist. Army ter of Greater Cleveland, Human Rights Cam- Gary V. Jamison. E–4 3rd Class Petty Offi- paign, the National Center for Transgender HON. TIM RYAN cer. Navy Equality and the Cleveland Stonewall Demo- Harry C. Jamison III. E–5 Specialist. Army crats. OF OHIO Ernst W. Jordan, Jr. E–4 Petty Officer 3rd Mr. Speaker and colleagues, please join me IN THE HOUSE OF REPRESENTATIVES Class. Navy in congratulating Mr. Jacob Nash on the occa- Monday, October 3, 2011 Walter S. Mitchell. E–4 Specialist. Army sion of being honored with the Cleveland W. Eric Pederson. Lieutenant Colonel. Army Stonewall Democrats’ Stephanie Tubbs Jones Mr. RYAN of Ohio. Mr. Speaker, on the oc- Freedom Award. casion of its Centennial National Day on Octo- Arnold S. Hughes. Army ber 10, 2011, I wish to extend to the Republic Thomas D. Rodgers. E–4 Petty Officer. f of China (Taiwan) my sincerest congratula- Navy TRANSPARENCY IN REGULATORY tions and best wishes. David A. Salveson. Lieutenant Commander. ANALYSIS OF IMPACTS OF THE Taiwan has been a staunch ally of the Navy NATION ACT OF 2011 United States and demonstrates that friend- George M. Smith. E–4 Specialist. Army ship in myriad ways, ranging from the healthy Frederick W. Waldbuesser. E–4 Specialist SPEECH OF trade relationship we share to education and Harry J. Cabot. E–4. Air Force HON. ANNA G. ESHOO even popular culture. For example, Taiwan Joseph R. Skovrinski. E–5 2nd Class Petty OF CALIFORNIA regularly sends its agricultural procurement Officer. Navy IN THE HOUSE OF REPRESENTATIVES mission to purchase U.S. products. Taiwan’s Nicholas Ranalli. E–5 Sergeant. Army mission, currently visiting the United States, Robert J. Dehaven. E–5 2nd Class Petty Of- Thursday, September 22, 2011 plans to purchase more than $5.6 billion in ficer. Navy The House in Committee of the Whole wheat, corn, soybean and other agricultural Ernst Tallington. Sergeant. Air Force House on the state of the Union had under products. For its defense needs, Taiwan seeks John J. Higham. E–5 Specialist. Army consideration the bill (H.R. 2401) to require to purchase advanced weapons from us, in- Clifford R. Angry. E–5 Sergeant. Air Force analyses of the cumulative and incremental impacts of certain rules and actions of the cluding F–16s fighters and possibly sub- Terry Neilon. Colonel. Army marines in the future. Further, our Taiwanese Environmental Protection Agency, and for other purposes: friends have long appreciated many facets of f Ms. ESHOO. Mr. Chair, I’m deeply dis- U.S. culture, to include our system of edu- IN HONOR OF MR. JACOB NASH cation, our democratic values and even our re- appointed that once again we’re voting on a gional culinary traditions. We return that admi- bill designed to cripple the Environmental Pro- ration in kind and are proud to share so many HON. DENNIS J. KUCINICH tection Agency—the agency tasked with pro- cultural and political values with the people of OF OHIO tecting our environment and our health. Taiwan. IN THE HOUSE OF REPRESENTATIVES This bill, the Transparency in Regulatory Analysis of Impacts on the Nation, TRAIN, Act The Republic of China is a shining example Monday, October 3, 2011 of a democratic, open society in the region. blocks and indefinitely delays two of the most The advancements and development achieved Mr. KUCINICH. Mr. Speaker, I rise today in important clean air regulations of the last few decades—the Mercury and Air Toxics Stand- over the last century are laudable and, for honor of Mr. Jacob Nash who is being award- ards, and the Cross-State Air Pollution Rule. these reasons, I offer heartfelt congratulations ed the Stephanie Tubbs Jones Freedom These rules require decades-old coal-fired on this very special occasion. Award at the Cleveland Stonewall Democrats’ Freedom Fund Reception on September 26, power plants with no modern pollution controls f 2011. to install readily available technology, reducing WEST CHESTER B. REED HENDER- The Cleveland Stonewall Democrats is one cancer-causing dioxins, acid gases and mer- SON HIGH SCHOOL CLASS OF of more than ninety chapters of the National cury. 1966—VETERANS OF U.S. ARMED Stonewall Democrats throughout the country. Mercury pollution from power plants is par- FORCES They are a grassroots movement devoted to ticularly harmful for children and can adversely securing equal rights for all people, regardless affect developing brains and bodies. Neverthe- of sexual orientation or gender identity. less, the bill before us expands and HON. PATRICK MEEHAN Mr. Nash earned a Masters in Psychology, deregulates mercury pollution. OF PENNSYLVANIA specializing in diversity management, from The American Lung Association has high- IN THE HOUSE OF REPRESENTATIVES Cleveland State University. For the past dec- lighted the importance of the Mercury and Air Toxics Standards Rule: Monday, October 3, 2011 ade, he has worked as an independent trainer and consultant specialist in transgender and The rule closes a toxic loophole that has existed for 20 years by updating standards to Mr. MEEHAN. Mr. Speaker, I would like to diversity issues. He has trained politicians, so- honor graduates of West Chester B. Reed protect Americans all across the country cial workers and medical professionals on car- from hazardous air pollution. Without these Henderson High School Class of 1966 whom ing for and respecting transgender people. Mr. served in our Armed Forces. These individuals standards, toxic pollution will continue fill- Nash is currently working for the Ohio Depart- ing our lungs and more people will suffer— served the United States honorably and ment of Children and Family Services and pre- and even die—unnecessarily. proudly and I commend their service. The fol- viously worked as the Executive Director for lowing are the names of those individuals: TRAIN Act will create a Train Wreck that will Transfamily of Cleveland. pollute our air and put lives at risk. Ironically, Charles B. Spadoni. 1st Lieutenant. Army Mr. Nash became an active activist in 2002, the bill also creates exactly what the majority Jon H. Barber. Lieutenant Colonel. Army after fighting for and winning the right to marry says they want to get rid of—a new bureau- Raymond C. Carr. E–4 PFC. National Guard Erin. Over the past several years, Mr. Nash cratic layer to analyze only the cost of EPA Stephen C. Cottrel. E–4 Sgt. Air Force has traveled across the Midwest speaking with regulations while ignoring critical, life-saving Maria Cottrell. Sergeant. Air Force legislators regarding civil rights legislation. He benefits. Brad Johnson. 2nd Class Quartermaster. has worked closely with the cities of Cleveland This legislation is a waste of taxpayer Navy and Akron as they developed their 2009 non- money and I urge my colleagues to vote David E. Haring. E–5 Sergeant. Army discrimination policies. Mr. Nash is also active against it.

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

VerDate Mar 15 2010 05:32 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K03OC8.001 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS E1736 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2011 HONORING THE JOHN BASILONE They are a grassroots movement devoted to scale, the League of Women Voters of the MEMORIAL PARADE securing equal rights for all people, regardless United States (LWVUS) was founded during of sexual orientation or gender identity. the 1920 convention of the National American HON. RODNEY P. FRELINGHUYSEN Mr. Downing graduated with his under- Woman Suffrage Association, held just 6 OF NEW JERSEY graduate degree from Allegheny College in months before the 19th amendment was rati- IN THE HOUSE OF REPRESENTATIVES 1985 and earned his Juris Doctor degree in fied. Thus, after a 72-year struggle, the U.S. 1988 from Cleveland’s Case Western Reserve Constitution finally reflected what women in Monday, October 3, 2011 University. He began his career in Pittsburgh, the Bay Area and California had fought to Mr. FRELINGHUYSEN. Mr. Speaker, I rise Pennsylvania at the law firm of Rose, Schmidt, achieve a decade earlier. today to honor the organizers of the John Hasley and Disalle. For the past 23 years Mr. As members of the League of Women Vot- Basilone Memorial Parade which takes place Dowing has been co-chair of the Diversity and ers, you are part of a magnificent legacy. Ad- in Somerset County, New Jersey. This year Inclusion Committee of the Cleveland law firm ditionally, you have pledged to continue to be they celebrate 30 years of remembrance for Ulmer & Berne LLP, where he is also a part- the kind of bold pioneers and astute advo- an American hero. ner. Mr. Downing is an active member of the cates who led us to this point. Therefore, I Gunnery Sergeant John Basilone was American, Ohio State, and Cleveland Bar As- would like to thank you for your dedicated awarded the Congressional Medal of Honor sociations’ Labor & Employment Sections/ service in guiding and encouraging our com- for his valiant efforts at the Battle of Guadal- Committees. He has also served as the chair munity toward civic engagement. canal on October 24, 1942. After his 15-man of the Financial Committee for Ohio’s Local Moreover, the League has flexed its power unit was reduced to himself and two others by Government Reform and Collaboration Com- in shaping public policy through the strength of Japanese forces, Gunnery Sgt. Basilone took mission for 18 months under former Governor its grassroots organization and by maintaining command of two sections of machine guns Strickland. Mr. Downing has been recognized its important stance of non-partisanship. For and bravely fought for 48 hours with his two throughout his career; he was named a example, the Oakland chapter has been a fellow Marines. When ammunition became ‘‘Super Lawyer’’ by Cincinnati Law & Politics major advocate for ranked choice voting, qual- scarce, he battled through enemy grounds to magazine and a ‘‘Leading Lawyer’’ by Inside ity education and accessible housing. Like- gather more. And, by the end of the fight, the Business magazine for the past 10 consecu- wise, the Berkeley, Albany, Emeryville chapter Japanese troops were nearly destroyed. tive years. has worked extensively on advocating for fair Upon his return to his hometown in the Bor- In addition to his career, Mr. Downing is housing and the promotion of social re- ough of Raritan, New Jersey, Gunnery Sgt. also an outspoken activist and advocate for sources, including mental health, education, Basilone was welcomed home with a parade the LGBT community. He founded Equality juvenile justice and senior services. And, the held in his honor on September 21, 1943. The Ohio, an organization dedicated to ‘‘an Ohio Piedmont chapter holds positions in the areas first parade was covered by both Life maga- where everyone feels home; living in families of social policy, diversity and natural re- zine and the Fox Movietone News. The News- and communities where equality, diversity and sources, to name a few. reel was then shown in movie theatres inclusiveness are universally valued; and On behalf of the residents of California’s 9th throughout the country. where government protects all people and re- Congressional District, I would like to con- Tragically, after requesting to return to the sponds to their needs, regardless of sexual gratulate you on this milestone and thank you fleet, Gunnery Sgt. Basilone lost his life during orientation and gender identity or expression.’’ for the invaluable service you provide to our the invasion of Iwo Jima on February 19, Mr. Downing is currently the co-chair of the community. I wish the League of Women Vot- 1945. For his duty in Iwo Jima, Sgt. Basilone Board of Directors for the Human Rights Cam- ers’ local, state and national members all the posthumously received the Navy Cross, be- paign (HRC), the nation’s largest LGBT civil best as you forge ahead toward another 100 coming the only Marine enlisted in World War rights and education organization. years of protecting the rights of voters, pro- II to receive both the Medal of Honor and the Mr. Speaker and colleagues, please join me moting sound policy and creating a more just Navy Cross. in congratulating Mr. Timothy Downing on the and peaceful world. Sgt. Basilone’s memory was not forgotten in occasion of being honored with the 2011 f his hometown, and in 1981, the John Basilone Cleveland Stonewall Democrats Leadership Memorial Parade began and is now in its 30th Award. IN RECOGNITION OF ALBANY TECHNICAL COLLEGE’S 50TH AN- year. Every September, the Borough of Rari- f tan and neighboring communities come to- NIVERSARY gether to not only remember our fallen war HONORING THE LEAGUE OF hero, but to honor our military and unite as a WOMEN VOTERS HON. SANFORD D. BISHOP, JR. community. The John Basilone Parade is OF GEORGIA more than just a parade, it is an opportunity HON. BARBARA LEE IN THE HOUSE OF REPRESENTATIVES for Americans to come together and celebrate OF CALIFORNIA Monday, October 3, 2011 the freedoms we share and those who fight to IN THE HOUSE OF REPRESENTATIVES Mr. BISHOP of Georgia. Mr. Speaker, it is protect them. Monday, October 3, 2011 Mr. Speaker, I ask you and my colleagues my great honor to extend a heartfelt congratu- to join me in recognizing the organizers of the Ms. LEE of California. Mr. Speaker, I rise lations to the administration, faculty, students, John Basilone Memorial Parade for honoring today to honor the League of Women Voters alumni and supporters of Albany Technical not only one American hero, but all those who of Oakland, who are celebrating 100 years of College, as this institution celebrates 50 years fight for our country. women voting in California, starting with the of providing vocational and technical training to thousands of Georgia residents. This learn- f historic and narrowly won California state ref- erendum and the first California Civic League, ing center commemorates its 50th anniversary IN HONOR OF MR. TIMOTHY Berkeley Forum led by Miss Blanche Morse in on Friday, September 30, 2011, with a gala at DOWNING 1911. It is an immense honor to represent Bay the Phoebe Towers North in Albany, Georgia. Area communities who have truly been at the This widely attended gala will enable local dig- HON. DENNIS J. KUCINICH forefront of a century’s worth of major achieve- nitaries, prospective students, past graduates OF OHIO ments in social justice. and other individuals from southwest Georgia IN THE HOUSE OF REPRESENTATIVES Over the years, the League of Women Vot- to pay tribute to an institution that has posi- ers of Oakland, as well as its sister leagues in tively contributed to Albany, Georgia’s eco- Monday, October 3, 2011 Berkeley/Albany/Emeryville, Piedmont and the nomic development and mercantile maturation Mr. KUCINICH. Mr. Speaker, I rise today in surrounding Bay Area, have worked tirelessly over the last half century. honor of Mr. Timothy Downing who is being to advocate, educate and champion citizens’ Founded in 1961, Albany Tech was origi- awarded the 2011 Cleveland Stonewall Demo- informed and active participation in govern- nally established as the Monroe Area Voca- crats Leadership Award at the Cleveland ment and civic affairs. tional-Technical School. Shortly thereafter, the Stonewall Democrats’ Freedom Fund Recep- An expansive and well-organized network of Albany Area Vocational-Technical School was tion on September 26, 2011. committed chapters, over 4,000 members in built, and in 1972 the two schools merged to The Cleveland Stonewall Democrats is one 21 local Leagues comprise the League of form a comprehensive and thriving educational of more than ninety chapters of the National Women Voters of the Bay Area (LWVBA), cooperative. In 1988, the school continued its Stonewall Democrats throughout the country. which took shape in 1959. On a national ongoing transformational advancement

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.002 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS October 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1737 through its affiliation with the Georgia Depart- IN HONOR OF SERGEANT LOUIS J. school. After serving our country, Dixon was ment of Technical and Adult Education MACHOVEC honorably discharged and enrolled at Ten- (DTAE) and the Technical College System of nessee State University where he received a Georgia. This worthwhile partnership, allowed HON. DENNIS J. KUCINICH Bachelor of Science in Music Education. He Albany Tech to expand its outreach initiatives OF OHIO then moved back to the Tampa area, where by providing technical training opportunities to IN THE HOUSE OF REPRESENTATIVES he was employed by the Hillsborough County the residents, businesses and industries within Monday, October 3, 2011 School Board as an elementary school music a seven-county service delivery area. These teacher and band director for six years. Mr. KUCINICH. Mr. Speaker, I rise today in Reverend Dixon then went on to pursue a counties include Baker, Calhoun, Clay, Dough- honor of Sergeant Louis J. Machovec, an career helping ex-offenders at the Zephyrhills erty, Lee, Randolph and Terrell. iconic police officer from the Cleveland Police Correctional Institution. As an ex-offender Today, Albany Tech has adult learning cen- Department (CPD), as he celebrates his 100th placement specialist, Dixon assisted inmates ters in all seven of its service delivery coun- birthday on September 29, 2011. preparing for release and later served in the ties. The college has more than 3,000 full-time Sgt. Machovec was born on September 29, same capacity at Pasco-Hernando Community students and another 2,500 are enrolled part- 1911 in Cleveland’s North Broadway neighbor- College. While employed in this career, he hood. He was one of three sons born to Jan time in seminars, continuing education continued to work in area school systems until and Anna Machovec, immigrants from Bohe- courses, teleconferences and customized his retirement from the Sarasota County mia, Czechoslovakia. He attended Our Lady of business training programs. School System in 1991. Lourdes school and later graduated from While teaching in Hillsborough and Sarasota As a member of the Technical College Sys- Thomas Edison High School. After high County, Reverend Dixon realized that a large tem of Georgia, Albany Tech provides voca- school, during the Great Depression, Louis percentage of his students were African Amer- tional training support services for the thou- worked various jobs including working as ican repeat offenders who were unable to gain sands of non-traditional students, employees groundskeeper at Lakeview Cemetery, in a reentry into society financially and socially. and industries that make-up southwest Geor- railroad boiler factory and as a Cleveland taxi Dixon developed a strong desire to help these gia’s expansive and ever evolving economic driver. youths that experienced difficulty getting back landscape. To accomplish this mission, the In 1937, Sgt. Machovec took the qualifying on track after release due to a number of fac- college utilizes traditional and distance learn- test to become a Cleveland police officer. tors such as broken homes, various types of ing methods. Specifically, the institution offers After Eliot Ness became the city’s Safety Di- abuse and lack of education. rector, the entire police force was given the a wide-range of technical certificates that pre- In response to this calling, Dixon formed exam again. Sgt. Machovec scored sixth out pare students for employment opportunities in COACH Foundation, Inc. and the COACH of more than 800 applicants and was asked to the fields of information technology, culinary Faith Based Ministry. COACH Foundation, Inc. become a member of the first Cleveland Po- arts, aeronautics, airplane construction, elec- has numerous programs that help inmates lice Academy Class. After working on accident make a smooth transition into society and be- tronics, health care and other leading indus- prevention for a short time, Sgt. Machovec trial careers. come productive citizens. These programs in- was asked to join in the investigation of the clude after-school programs, job training, I would also like to take this opportunity to Kingsbury Run murders; the Cleveland Torso counseling, affordable home-ownership as well pay tribute to Albany Tech’s current President, Murderer was never caught. as many other services that benefit the com- Dr. Anthony Parker, for his outstanding leader- He worked in various departments, ulti- munity. Reverend Dixon’s individual efforts ship in promoting and advancing this training mately joining the CPD’s communications divi- continue to touch lives with his partnership institution’s many outstanding vocational serv- sion. He worked as the voice of the Cleveland with the Abe Brown Prison Ministry and week- ices. Southwest Georgians will forever be in- Police Department for many years, through ly bible study with inmates at the Zephyrhills debted to Dr. Parker and his well-respected the 1950 Thanksgiving snowstorm and the Correctional Institution. predecessor, Nathaniel Cross, for all they Hough Riots in the 1960s. Later, Sgt. The Tampa Community is proud to recog- Machovec ran the police internal telephone have done to make Albany Tech a more ac- nize Reverend Willie G. Dixon for his efforts exchange and bank alarm departments until cessible and highly resourceful training facility and outstanding contributions towards edu- his retirement. He served with the Cleveland for the many individuals and industries that cating and guiding youth in Tampa. Reverend Police Department for 39 years. Dixon’s determination and commitment to im- rely on the school’s key services. Following his retirement, Sgt. Machovec proving the lives of others have made him an moved to Solon, Ohio to be closer to his wife, Dr. Parker, his predecessors, and the Board inspirational community leader. I ask that you Margaret, and their daughters, Mary Lou and of Directors should all be commended for their and all Americans recognize such a remark- Margaret. Today, he enjoys spending time contributions in making Albany Tech a vital able citizen for his service to our community. part of our local communities. with his children and grandchildren and still wears his grey CPD shirt. f For years, the administration, faculty and Mr. Speaker and colleagues, please join me CELEBRATING GANDHI JAYANTI, alumni of Albany Technical College have been in wishing Sgt. Louis Machovec a very happy INDIA’S NATIONAL HOLIDAY steadfastly dedicated and fully committed to 100th birthday and thanking him for his dedi- implementing training programs designed to cated service with the Cleveland Police De- advance the economic development needs of partment. HON. JOSEPH CROWLEY OF NEW YORK southwest Georgia’s workforce, small business f community and corporations. IN THE HOUSE OF REPRESENTATIVES COMMEMORATING REVEREND Monday, October 3, 2011 Due to this institution’s diligent work and ex- WILLIE G. DIXON traordinary efforts, employees, entrepreneurs Mr. CROWLEY. Mr. Speaker, it is my privi- and business owners throughout southwest HON. KATHY CASTOR lege and honor to offer my best wishes to the Georgia have enjoyed continued success. In millions of Indian-Americans and to Indians OF FLORIDA around the globe on this Gandhi Jayanti, In- addressing the economic needs of hard- IN THE HOUSE OF REPRESENTATIVES working Georgians through the expansive dia’s national holiday celebrating the birth of Monday, October 3, 2011 availability of strong vocational training pro- Mohandas Gandhi. grams, Albany Tech has facilitated our com- Ms. CASTOR of Florida. Mr. Speaker, in Political prisoner, freedom fighter, father of a munity’s abilities to better respond to and recognition of his 80th birthday milestone, I nation—Gandhi shaped modern India and has meet the civic needs of our local residents. rise to commend the inspirational leadership of continued to shape the world we live in by in- Reverend Willie G. Dixon. Reverend Dixon is spiring some the greatest leaders of our time. Mr. Speaker, in closing I ask that my col- a wonderful example of how a local leader can A champion for the rights of all people, he leagues join me in expressing our collective help shape future generations and make a dif- fought apartheid in South Africa, colonial rule and profound gratitude to the faculty, staff, ference in their community. Reverend Dixon’s in India, and oppression and injustice in all its alumni and supporters of Albany Technical accomplishments are worthy of recognition by guises. In doing so, he has inspired our College for all they have done to improve the the entire Tampa community. world’s greatest leaders from Nelson Mandela quality of life for the residents of Georgia’s A native of Tampa, Florida, Reverend Dixon to Cesar Chavez, Aung San Suu Kyi and Dr. Second Congressional District. entered the Air Force upon completion of high Martin Luther King, Jr.

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.004 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS E1738 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2011 It was Dr. King who once said he owed his has also been awarded the Women’s City The group decided to name their post in inspiration to fight injustice to God and his Club Elsa Pavlik award in 2003 and was a fi- honor of one of Somerville’s first residents, method—nonviolent resistance—to Gandhi. nalist for Inside Business magazine’s Athena United States Army Sergeant John Roland The American civil rights movement, from Award in 2005. Stevenson, who was killed in action in France lunch counter sit-ins to the Montgomery Coun- Mr. Speaker and colleagues, please join me in 1918. Stevenson Post 12, American Legion ty bus boycott, was influenced by Gandhi’s in congratulating Mrs. Barbara Daniel for being received its charter on April 1, 1921, making foundational principle of Satyagraha, or non- honored by West Tech Alumni Association it the 12th post in the State of New Jersey. violent civil disobedience. and being named to the West Tech High Until the late 1930s, members met any- Today, modern India is a leader as the School Hall of Fame. where they could, but soon rallied together to world’s largest democracy, among the world’s f raise money and purchase land to erect their largest economies, and as our close friend Post home. Construction began in 1939. and ally. The U.S.-India friendship remains a HONORING DAVID MARING Through the generosity of friends and neigh- growing and essential part of U.S. foreign pol- bors, the building was complete after six years icy, and working together our two countries HON. MIKE QUIGLEY of long volunteer hours. are a powerful force for positive change in the OF ILLINOIS In 1942, during World War II, another Som- erville resident lost his life defending our coun- region and in the world. IN THE HOUSE OF REPRESENTATIVES On this day, I join the Indian-American com- try. Seaman First Class, James W. D’Alessio, Monday, October 3, 2011 munity and friends around the globe to re- U.S. Navy, paid the ultimate sacrifice when member and celebrate the life of this fearless Mr. QUIGLEY. Mr. Speaker, I rise today to the USS Juneau was hit by Japanese tor- man who led a nation to gain independence recognize the long and distinguished career of pedoes. To honor his memory, the members for his people from the British Empire. Principal David Maring. This summer, Mr. of Stevenson Post 12 adopted SC1 Gandhi’s life was a testament to invincibility of Maring retired after 46 years of dedication to D’Alessio’s name as part of its official title, be- truth over injustice. As he said, ‘‘When I de- education and academic excellence as a coming Stevenson-D’Alessio Post 12. spair, I remember that all through history the teacher and principal of Pilgrim Lutheran Today, the Post home has increased to way of truth and love has always won. There School in the 5th Congressional District of nearly double its size since the post-WWII era have been tyrants and murderers and for a Chicago. and has become a good neighbor in the com- time they seem invincible, but in the end, they Mr. Maring began his long and respected munity. They have opened their halls to com- always fall. Think of it, always.’’ career in education by joining Pilgrim Lutheran munity service clubs and organizations and many non-profits are able to use their hall free f School as a teacher in 1965. After six years of excellent service he became principal of Pil- of charge. After serving their Nation and pro- IN HONOR OF MRS. BARBARA J. grim Lutheran. tecting our freedom, Legion members and DANIEL As a principal, Mr. Maring was so dedicated their Auxiliary have gone the extra step in con- to his profession that he made the extra effort tinuing to serve. HON. DENNIS J. KUCINICH to know every student by name. He inspired Mr. Speaker, I ask you and my colleagues to join me in recognizing Stevenson-D’Alessio OF OHIO his staff to become the best teachers they American Legion Post 12 on its 90th anniver- IN THE HOUSE OF REPRESENTATIVES could be in order to provide an excellent edu- cation for their students. He sought to provide sary. Monday, October 3, 2011 a progressive education to nourish the stu- f Mr. KUCINICH. Mr. Speaker, I rise today in dents in both spirit and mind. Mr. Maring IN HONOR OF OHIO STATE honor of Mrs. Barbara Daniel who is being in- never fully left the classroom, and he contin- SENATOR THOMAS PATTON ducted into the West Tech High School Hall of ued to teach math and physical education and Fame by the West Tech Alumni Association. coach sports teams throughout his tenure. Barbara graduated from West Tech High Mr. Maring’s dedication to his profession, HON. DENNIS J. KUCINICH OF OHIO School in 1962. At the age of 40, Barbara en- his exceptional wisdom and leadership ensure IN THE HOUSE OF REPRESENTATIVES rolled at Cleveland State University, where his lasting place in the hearts of generations she earned a Bachelor of Arts in 1999. Sev- of Pilgrim students, faculty, and the Monday, October 3, 2011 eral years later, she earned her Master’s De- Ravenswood community at large. Mr. Maring Mr. KUCINICH. Mr. Speaker, I rise today in gree in English. Barbara spent 25 years in the is the embodiment of the Pilgrim Lutheran honor of Ohio State Senator Thomas Patton financial services industry supporting insur- motto: ‘‘Academic Excellence with a Heart.’’ who is being inducted into the West Tech High ance agents and financial planners. In 2001, Mr. Speaker, I ask my colleagues to join me School Hall of Fame by the West Tech Alumni she established Insurance Resources, and in recognizing David Maring and his extraor- Association. worked as a financial consultant to insurance dinary career, and to thank him for his many Born and raised in Cleveland’s near agencies. During her career in the financial contributions to the Pilgrim Lutheran School, Westside, Senator Patton is one of nine chil- sector, Barbara served as the President of the his students, and the community. dren. He attended St. Colman’s School before National Association of Insurance & Financial f enrolling at West Tech High School. While at- Advisors. In 2004, Barbara changed careers tending West Tech, Senator Patton was a and became the owner, publisher and editor of HONORING STEVENSON-D’ALESSIO member of the basketball team. Upon grad- The Cleveland Women’s Journal—East Edi- AMERICAN LEGION POST 12 uating in 1971, he married his high school tion. The mission of the magazine is ‘‘to em- sweetheart, Evelyn Hawkins, and started power women through knowledge.’’ HON. RODNEY P. FRELINGHUYSEN classes at Cleveland State University on an In addition to her career, Barbara has been OF NEW JERSEY athletic scholarship. an active member of her community. She IN THE HOUSE OF REPRESENTATIVES In 1974, Senator Patton and his brother, served as president of the Women’s City Club Terry, opened Cleveland Business Systems. from 2003 until 2006. Barbara is currently a Monday, October 3, 2011 In 2002, he decided to run for a seat in the member of the National Association of Women Mr. FRELINGHUYSEN Mr. Speaker, I rise Ohio House of Representatives. He won the Business Owners, the League of Women Vot- today to honor Stevenson-D’Alessio American election and represented the 18th District from ers, Women in Networking, Working Women Legion Post 12, located in the Borough of 2003 until 2008. In November 2008, Senator Connection, the YWCA, the American Adver- Somerville, Somerset County, New Jersey, on Patton was elected to the Ohio Senate’s 24th tising Federation, the American Marketing As- the occasion of its 90th anniversary. District. As an Ohio State Senator he serves sociation. She is also the secretary of the In 1919, Congress chartered the American as chairman of the Senate Transportation Dancing Wheels Board of Directors and Legion as a patriotic, mutual help, war-time Committee and is a member of the Finance serves on the Board of Directors for the veterans organization; a group of veterans Committee, the Energy and Public Utilities Beachwood Chamber of Commerce. who established a community-service organi- Committee and the Ways and Means and Because of her work ethic and dedication to zation which now numbers nearly 3 million Economic Development Committee. Senator her community, Barbara has received several members. Later that same year, a small group Patton also serves as co-chair of the Ohio awards. In 1994, Barbara received Valmark of World War I veterans in Somerville, New Senate Autism Caucus and as a member of Securities’ ‘‘Excellence is the Exceptional Jersey decided to establish an American Le- the Ohio Turnpike Commission, the Ohio Ath- Drive to Exceed Expectations’’ award. She gion post of their own. letic Commission, the Ohio Rail Development

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.006 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS October 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1739 Commission, the Midwest Interstate Pas- having only one glass of wine. He was the On behalf of the residents of California’s 9th senger Rail Compact and the ODOT Trans- most gracious host and loved being sur- Congressional District, I would like to con- portation Futures Steering Committee. rounded by people. In fact, Matt’s greatest joy gratulate you on this milestone and thank you Throughout his career, Senator Patton has was spending time with his family and friends, for the invaluable service you provide to our been recognized with a number of awards and especially his three grandchildren. community. I wish the National Women’s Polit- accolades. He has been named Legislator of Mr. Bruno and his wife, Barbara, often held ical Caucus’ local, state and national members the Year by the Ohio Fraternal Order of Police a fund-raising dinner for the Education Foun- all the best as you forge ahead toward an- (FOP), an Honorary D.A.R.E. Officer by the dation of Stanislaus County. He also was in- other 100 years of bolstering women’s leader- D.A.R.E. Association of Ohio, Northeast Ohio volved with the Center for Human Services, ship, promoting equitable policies and creating Public Energy Council Legislator of the Year the Memorial Hospital Foundation and other a more just and peaceful world. for Protecting Consumer Choice Award and causes. the Legislator of the Year by the Ohio Profes- Matt is preceeded in death by his parents f sional Society of Engineers. He has also re- Tony and Martha Bruno and his brother Joe ceived the Moms for Ohio Public Service Bruno. He is survived by his wife Barbara IN HONOR OF MR. KENNETH Award, the FOP Distinguished Public Servant Bruno, his son Tony (Gretta) Bruno, his son SWADE Award, Ohio Public Images Award, Ohio Al- Mathew (Natalie) Bruno, and his three grand- paca Breeders Association Legislator Award children Francesca, Matteo, and Rocco. and has been recognized by the Autism Soci- Mr. Speaker, please join me in honoring HON. DENNIS J. KUCINICH ety of Ohio. Matt Bruno for his unwavering leadership, and OF OHIO Mr. Speaker and colleagues, please join me recognizing his accomplishments and contribu- in congratulating Mr. Thomas Patton for being tions. The life of Matt Bruno serves as an ex- IN THE HOUSE OF REPRESENTATIVES honored by the West Tech Alumni Association ample of excellence to those in our commu- Monday, October 3, 2011 and being named to the West Tech High nity, and his legacy will not be soon forgotten. School Hall of Fame. f Mr. KUCINICH. Mr. Speaker, I rise today in f HONORING NATIONAL WOMEN’S honor of Mr. Kenneth Swade who is being in- HONORING MATHEW A. BRUNO POLITICAL CAUCUS OF CALI- ducted into the West Tech High School Hall of FORNIA Fame by the West Tech Alumni Association. HON. JEFF DENHAM While attending West Tech High School, HON. BARBARA LEE Kenneth was a member of the 1956 and 1957 OF CALIFORNIA OF CALIFORNIA cross country state championship teams. He IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES graduated from West Tech in 1958 and at- Monday, October 3, 2011 Monday, October 3, 2011 tended Bowling Green University on an ath- Mr. DENHAM. Mr. Speaker, I rise today to Ms. LEE of California. Mr. Speaker, I rise letic scholarship, where he earned a Bachelor acknowledge and honor the life of a beloved today to honor the National Women’s Political of Science degree in education in 1962. Upon leader in the Modesto community, Mathew A. Caucus of California, NWPC CA, who are graduating, he began teaching and coaching Bruno. Matt was born in Akron, Ohio, on De- celebrating 100 years of women voting in Cali- at Kennard Junior High. In 1964, Kenneth re- cember 25, 1943, and passed away sur- fornia, starting with the historic and narrowly turned to West Tech High School as a teacher rounded by his family on September 19, 2011, won California state referendum and the first and coach. While teaching, Kenneth studied at in Modesto, California. California Civic League, Berkeley Forum led John Carroll University, where he earned a In 1946, at the age of 3, he and his family by Miss Blanche Morse in 1911. It is an im- Master of Arts in Education, focusing on psy- moved to Ripon, California. Growing up in mense honor to represent Bay Area commu- chology and counseling. After finishing his Ripon he farmed peaches, almonds, and nities who have truly been at the forefront of graduate program in 1968, Kenneth began grapes with his father Tony and his two broth- a century’s worth of major achievements in so- working as a counselor at A.B. Hart Junior ers Joe and Ed. Matt graduated from Ripon cial justice. High School. In 1980 he was named School- High School in 1961. In 1966, he left the fam- Furthermore, NWPC is celebrating the 40th to-Work Apprenticeship Coordinator. Kenneth ily farming operation, and bought La Loma anniversary of its founding in 1971, when 320 enrolled at Kent State University to further his Liquors in Modesto. women from 26 states met under the leader- education again and in 1983 graduated with a Matt married Barbara Claypool in 1967, and ship of women’s movement stalwarts like my Master of Arts in Education, focusing on Ad- together they owned and operated La Loma mentor, former Congresswoman Shirley Chis- ministration and Supervision. Before retiring in Liquors until they sold the business in 1972. holm, Bella Abzug, Gloria Steinem, and Betty 2001, he spent his career as vocational coor- Matt then purchased Turlock Appliance Cen- Friedan. Four decades later, their work to em- dinator at Max. S. Hayes, West Tech, Jane ter, and one year later purchased Miller Dairy power women elected leaders and to cham- Addams Business Careers and East Technical Supply. In 1974, he merged the two compa- pion citizens’ informed participation in civic af- high schools. nies to form Turlock Dairy & Refrigeration, fairs has changed America as we know it. Throughout his career, Kenneth was recog- Inc., a 65-employee company on South Wal- Within NWPC’s first three years of recruit- nized with a number of awards and accolades. nut Road that played a key role in the expan- ment and leadership programming, the num- He has been named ‘‘Outstanding Educator,’’ sion of dairy farming in the area. With Turlock ber of female state officeholders increased by ‘‘Outstanding Vocational Coordinator’’ twice, Dairy & Refrigeration, Matt focused the busi- 36 percent. Now, as a multi-partisan organiza- ‘‘Man of the Year Award’’ by the Rotary Club ness on dairy construction, dairy equipment, tion supporting an unprecedented era of wom- of Cleveland, and ‘‘Most Outstanding Senior and dairy refrigeration. Matt loved all things en’s leadership, NWPC and its California High School Teacher.’’ In 1996, the Ohio De- agriculture and owned several other agri- Chapter are making strides to achieve equality partment of Education named him to the Ohio culture-related businesses through the years. for all women, to ensure their reproductive Vocational Educational Leadership Institute. ‘‘He always put his customers and employ- freedom, and to eradicate all forms of discrimi- ees first,’’ said son Tony Bruno. ‘‘He always nation. In addition to his career as an educator told my brother and me that the only thing we As members of the National Women’s Polit- Kenneth has been an active member of his could offer as a company is to have good ical Caucus of California, you are part of a community. For several years, he was the service.’’ magnificent legacy. By broadening women’s Teacher/Coordinator for the Action for Chil- Throughout their 44 years of marriage, Matt participation in the political process and dren and Youth in Transition. After retiring in and Barbara enjoyed traveling together and honing feminist women for election and ap- 2001 to Florida with his wife, Dr. Vera Swade, entertaining their many friends at their home. pointment to public office, you are cham- he is serving as President of the Central Cit- Matt loved tending his garden at home and pioning the vision, hopes and sacrifices of our rus Rotary and was also the Council President sharing the bounty with anyone and everyone. forebears. You have pledged to continue to be of his church. He was very generous in every aspect of life; the kind of bold pioneer and astute advocates Mr. Speaker and colleagues, please join me always ready to give to someone in need, who led us to this point. Therefore, I would in congratulating Mr. Kenneth Swade for being whether they be in need of money, food, time, like to thank you for your dedicated service in honored by West Tech Alumni Association or a drink. ‘‘You can’t walk on one leg!’’ is guiding and encouraging women toward civic and being named to the West Tech High what Matt would say if you tried to leave after engagement. School Hall of Fame.

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K03OC8.007 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS E1740 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2011 IN HONOR OF REVEREND EUGENE family, friends, and contemporaries of the IN HONOR OF MR. EDWARD ZAJAC L. NEVILLE OF FOXBORO, MA Reverend Eugene L. Neville to thank him for his remarkable service and dedication to the HON. DENNIS J. KUCINICH HON. STEPHEN F. LYNCH religious community in the State of Massachu- OF OHIO OF MASSACHUSETTS setts. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Monday, October 3, 2011 Monday, October 3, 2011 f Mr. KUCINICH. Mr. Speaker, I rise today in Mr. LYNCH. Mr. Speaker, I rise today to PERSONAL EXPLANATION honor of Mr. Edward Zajac, who is being post- honor the Reverend Eugene L. Neville, in rec- humously inducted into the West Tech High ognition of his outstanding contributions to the School Hall of Fame by the West Tech Alumni State of Massachusetts and the religious com- HON. MICHAEL M. HONDA Association. munity, and to commend him for over 30 OF CALIFORNIA Edward was born in Cleveland, Ohio in Jan- years of his dedicated service. uary 1926 to his parents, who were Polish im- Reverend Neville was born in Roxbury, MA IN THE HOUSE OF REPRESENTATIVES migrants. He graduated Valedictorian from and was educated in the Boston public school Monday, October 3, 2011 West Tech High School in 1944 and was system, graduating from Roxbury Memorial drafted by the U.S. Army to serve during High School in 1960. He later attended Bar- Mr. HONDA. Mr. Speaker, on September World War II. He was a radioman in a tank di- rington College in Rhode Island, where he 23, I was unavoidably detained in a meeting vision in Europe and was stationed with the graduated with a B.A. in Bible and Theology in with the President of the United States, and so U.S. Army Intelligence in southern Germany 1969. He continued his theological education I was not present several of the rollcall votes until being discharged. He married Brooky at Gordon-Conwell Theological Seminary in on amendments to H.R. 2401 held that day. Mary Calhoun in 1954. They were married for Hamilton, MA in 1972, graduating with honors. Had I been present I would have voted: 54 years. Following his stint with the U.S. Reverend Neville also participated in post ‘‘Aye’’ on rollcall 728, the Welch Amend- Army, Edward graduated from Cornell Univer- theological studies at Andover Newton Theo- sity as Valedictorian with a degree in engi- logical School, Boston University School of ment to add the Chair of the Council on Envi- ronmental Quality, the Secretary of Health and neering, a Masters degree from Princeton Uni- Theology, and Harvard Divinity School. versity and a doctoral degree from Stanford It was at the historic Peoples Baptist Human Services, and the Director of the Cen- ters for Disease Control and Prevention to the University. Church, under the pastorate of the late Rev- For 30 years Edward worked at AT&T’s Bell erend Dr. Richard M. Owens, where Reverend interagency committee that the bill would cre- ate, and to direct that committee to look at im- Telephone Laboratories in the mathematics re- Neville was first called to prepare for his search unit and later as head of economics re- Christian Ministry. Subsequently, he served portant health impacts on the most vulnerable populations (such as children and the elderly) search. In 1963, as an engineer, he created under the mentorship of Reverend Dr. Michael the world’s first computer animation. His ani- E. Hayes, Pastor of the Twelfth Baptist Church that would be affected by EPA’s proposed rules. mated films became internationally known and in Boston, MA, where Reverend Neville was garnered him awards from the U.S. and formally ordained as a Baptist Minister. In ‘‘Aye’’ on rollcall 729, the McNerney Amend- abroad. 1975, he assumed his first pastorate at Mes- ment to direct the interagency committee to Following his career with AT&T, in 1983, siah Baptist Church in Brockton, MA, where examine the effect on clean energy jobs and Edward moved from New Jersey to Arizona he served for 6 years. In 1981, Reverend Nev- clean energy companies, including those that and became chairman of the University of Ari- ille founded and became the pastor of Mount export clean energy technology, to the items zona’s Eller School of Managers’ economics Moriah Baptist Church; under his leadership, to be considered in the analyses required by department. As a professor and later, pro- Mount Moriah has established over 30 min- the bill. fessor emeritus, Edward published numerous istries and has become one of the most influ- ‘‘Aye’’ on rollcall 730, the Moore Amend- articles and two texts for graduate level ential churches in the City of Brockton. ment to ensure that the interagency committee courses. His former colleagues have since es- Reverend Neville has also been dedicated will analyze the impact a rule or action could tablished a prize for doctoral students at Ari- to helping the greater community. He served have on low-income communities and public zona University in his honor. for 4 years at The Hymn Foundation in Boston health. Mr. Speaker and colleagues, please join me as the first Project Director for the Black ‘‘Aye’’ on rollcall 731, the Capps Amend- in honoring the memory of Mr. Edward Zajac Church Capacity Building Program. This pro- as he is named to the West Tech High School gram connected Black churches with local ment to require the interagency committee to include in its analyses an estimate of the inci- Hall of Fame. philanthropic foundations, and provided grants f up to $8000 for their social outreach min- dence of birth and developmental defects and istries. Reverend Neville has been instru- infant mortality that would result from a delay IN RECOGNITION OF THE 10TH AN- mental in establishing several non-profit orga- to covered rules and covered actions under NIVERSARY OF THE HARLEM nizations within the church for the benefit of the bill. ARTS ALLIANCE, INC. AND IN the greater community, such as the Amara ‘‘No’’ on rollcall 732, the Kinzinger Amend- CELEBRATION OF HARLEM ARTS Community Center, which has provided over ment, which seeks to add regulations that ADVOCACY WEEK 2011 ‘‘HARLEM 2500 children, youth, and adults with computer have not even been proposed to the list to be ARTS & CULTURE: RESURGENCE training and their own personal computer. Ad- analyzed by the interagency committee. AND RENEWAL’’ ditional projects include the Higher Education ‘‘No’’ on rollcall 733, the Dent Amendment, Resource Center, which has assisted hun- which would further undermine environmental HON. CHARLES B. RANGEL dreds of first generation youth to achieve ac- protections by adding EPA’s National Emis- OF NEW YORK ceptance to, and remain in, college, and the sion Standards for Hazardous Air Pollutants IN THE HOUSE OF REPRESENTATIVES Emergency Food Ministry, which is comprised from the Portland Cement Manufacturing In- Monday, October 3, 2011 of a large food pantry serving hundreds of dustry and Standards of Performance for Port- families twice a month as well as a soup kitch- land Cement Plants to the rules the must be Mr. RANGEL. Mr. Speaker, today I rise with en ministry serving numerous homeless indi- examined by the interagency committee cre- great Harlem and cultural pride to recognize viduals every Tuesday afternoon. Reverend ated by the bill. the 10th Anniversary of the HARLEM Arts Alli- Neville is a man of God with a vision to help ance, Inc. as they kick off their Fifth Annual individuals, families, churches, and community ‘‘Aye’’ on rollcall 734, the Hastings (FL) Arts Advocacy Week 2011 at the Riverside organizations address and overcome the chal- Amendment to exclude from the interagency Theatre at Harlem’s New York City Land- lenges of this generation. committee’s review all rules and regulations mark—The Riverside Church. The Riverside Reverend Neville is married to Ruth and that already undergo a cost-benefit analysis. Church is the tallest Church in the United they have 2 adult daughters and 5 grand- ‘‘Aye’’ on rollcall 735, Connolly Amendment States known for its elaborate Neo-Gothic ar- children; he and his wife presently reside in No. 8 to require the interagency committee to chitecture, which includes the world’s largest Foxboro, MA. study policies which will lead to creation of tuned carillon bell. Mr. Speaker, it is my distinct honor to take American jobs in the pollution control and The HARLEM Arts Alliance, HAA, is a not- the floor of the House today to join with the clean energy sector. for-profit arts service organization committed

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.011 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS October 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1741 to nurturing the artistic growth, capacity and Soul of Blackness/A Centennial Tribute,’’ a customs. It affords us a window into our devel- development of artists and arts organizations book signing by Center Director, Dr. Khalil Mu- opment as a society and provides an oppor- based primarily in Harlem and the greater Har- hammad along with a performance showcase tunity for people of all ages to actively engage lem communities. With a membership of over of Harlem Arts and Cultural organizations. in learning about the history of their commu- 750 individual artists and arts organizations, On Thursday October 6, HARLEM Arts Alli- nities. HAA plays an essential role by helping to build ance will host a panel discussion, ‘‘Basic Archaeological contributions are key to en- the resources, network, and capacity of its Legal Issues in Managing Human Resources,’’ couraging greater appreciation of our shared richly diverse association. HAA also maintains presented by Lawyers Alliance for New York, history and cultural heritage. Congress should strong partnerships with numerous arts organi- at The Dwyer Cultural Center. do all we can to support these efforts. I am zation and institutions throughout New York On Friday October 7, HARLEM Arts Alliance proud to join with communities across the State, the region and the nation to maintain will host the opening reception for the Strivers country in recognizing October 22nd as Na- vital collaborative efforts to promote the arts in Art Circuit Tour, a self-guided walking tour of tional Archaeology Day. communities. Harlem Art Venues and Artist Studios. A re- f Harlem Arts Advocacy Week events will ception will take place at The Strivers Garden take place from Sunday. October 2, 2011 Gallery. The New Heritage Theatre Group will IN HONOR OF MRS. ANN FRANGOS through Sunday, October 9, 2011 to highlight also present a new play entitled ‘‘SAVIOUR?’’ the importance of the artists, arts, and cultural by Esther Armah, directed by Passion and HON. DENNIS J. KUCINICH institutions that have consistently contributed featuring Michael Green and Jimmy Aquino, at OF OHIO to the cultural and economic fabric and vitality the Dwyer Cultural Center. IN THE HOUSE OF REPRESENTATIVES of Harlem and beyond. This year’s theme, Let me take this opportunity to thank all of Monday, October 3, 2011 ‘‘Harlem Arts & Culture: Resurgence and Re- our Harlem Arts Advocacy Week community newal’’ will focus on the revitalization of se- sponsors, supporters and collaborators as we Mr. KUCINICH. Mr. Speaker, I rise today in lected Harlem cultural institutions during the celebrate ‘‘Harlem Arts & Culture: Resurgence honor of Mrs. Ann Frangos, who is being in- challenges of the economic downturn and the and Renewal’’ during the Fifth Annual Harlem ducted into the West Tech High School Hall of shifting dynamics of Harlem. Arts Advocacy Week 2011. Mr. Speaker, the Fame by the West Tech Alumni Association. On Monday October 3, 2011, at The River- HARLEM Arts Alliance under the tremendous Ann is the daughter of Greek immigrants side Church Theatre, the HAA will present the leadership of Chairman Voza Rivers and Ex- Spiros and Helen Drapos. While attending first Humanitarian Award to legendary Actor, ecutive Director Michael Unthink has contrib- West Tech High School, she was a busy and artist and international human rights activist uted daily to the survival and enhancement of active student. She was captain of the Harry Belafonte to kick off its Fifth Annual Arts Harlem’s beloved cultural artist and arts orga- Warriorettes, editor of the yearbook, member Advocacy Week. The Alliance will also pay nizations. of the Gym Leaders, All City Chorus, A-Cho- special tribute to award winning Actress and During these tough and economically chal- rus, and French Club. Ann graduated from civil rights pioneer Ruby Dee with a Lifetime lenging times, I ask my colleagues to join me West Tech in 1968 as the class valedictorian. Achievement Award. in saluting and celebrating the 10th Anniver- She attended Baldwin Wallace College and Throughout its 75-year history, The River- sary of the HARLEM Arts Alliance as they earned a Bachelor of Science degree in math- side Church has been an influential stronghold continue their advocacy for the arts on behalf ematics. She went on to earn a Master of of activism and political debate on the nation’s of a very grateful nation. Science degree in mathematics while teaching religious and political landscapes. Thus, it is f high school mathematics in Parma Heights. very symbolic and appropriate that the Alli- After finishing her graduate program at ance honor these two giants, Harry Belafonte CELEBRATING NATIONAL Cleveland State University in 1977, she began and Ruby Dee within this great Cathedral. ARCHAEOLOGY DAY working at AT&T as an operations research Danny Simmons, a visual artist, philanthropist, analyst. Throughout her long career Ann has and former Chair of the New York State Coun- HON. MICHAEL E. CAPUANO held a number of positions with AT&T in the cil on the Arts will receive the Alliance’s Arts OF MASSACHUSETTS finance, accounting operations, budgeting, Leadership Award. IN THE HOUSE OF REPRESENTATIVES long-range planning, and human resources The Harlem Arts Advocacy Week begins on departments. In 2007, Ann was named Execu- Monday, October 3, 2011 Sunday October 2, where the New Heritage tive Director. She is responsible for accounts Theatre Group, Riverside Theatre and the City Mr. CAPUANO. Mr. Speaker, I rise today to receivable management for Global Business College of New York will present ‘‘Through the support the designation of October 22, 2011, Services division, which consists of AT&T’s Night’’ a one-man play starring Obie, NAACP as National Archaeology Day. Throughout the largest international and domestic business and Audelco award winner, Daniel Beaty. month of October, but particularly on the 22nd, customers. On Monday October 3, the HARLEM Arts archaeological societies across the country will In addition to her career, Ann is also an ac- Alliance and Hue-Man Book Store & Cafe´ celebrate the thousands of years of history tive member of the Greater Cleveland commu- present Harlem Arts Advocacy Week’s open- that have been unlocked through artifacts and nity. She serves on the Board of Directors of ing reception and panel discussion with noted discoveries. In Counsel with Women and is a board mem- black female playwrights entitled, ‘‘Black The American Institute of Archaeology ber and assistant treasurer of the Greek Or- Women Playwrights: They Speak. Who Lis- (AIA), headquartered at Boston University and thodox Ladies Philoptochos Society of Rocky tens?’’ featuring Esther Armah, Radha Blank, comprised of over 235,000 members, will lead River. Ann and her husband, Louis, currently Kirsten Greenidge and Kymberle Joseph. 108 of its local societies in a host of public live in Westlake. On Tuesday October 4, the HARLEM Arts educational activities to demonstrate the value Mr. Speaker and colleagues, please join me Alliance and the Greater Harlem Chamber of of archaeological pursuits. AIA will also join in congratulating Mrs. Ann Frangos for being Commerce will hold their business member- with the American Anthropological Association, honored by West Tech Alumni Association ship meeting and present a discussion forum Society for American Archaeology, Society for and being named to the West Tech High entitled ‘‘Public Art: Advancing Diverse Per- Historical Archaeology, and American Schools School Hall of Fame. spectives.’’ The forum will feature a presen- of Oriental Research in collaborative efforts to f tation on the design and development of the reach out to over 100 cities across the United Frederick Douglass Memorial Circle with visual States through online events. CONTINUING APPROPRIATIONS artist and landscape architect Algernon Miller America is rich with history, and many excit- ACT, 2012 followed by a panel discussion moderated by ing artifacts have been discovered over the SPEECH OF Curtis Archer, President of Harlem Community years that have helped to illuminate that his- Development Corporation. tory. However, archaeology is about so much HON. ANNA G. ESHOO On Wednesday October 5, The Schomburg more than one country. Every archeological OF CALIFORNIA Center for Research in Black Culture in col- discovery opens a door into the past that can IN THE HOUSE OF REPRESENTATIVES laboration with the HARLEM Arts Alliance will reveal important details about how our ances- host ‘‘The Schomburg’s Kick-Off to a Season tors lived and what the world around them Thursday, September 22, 2011 on the Cutting Edge!’’ The evening will include looked like so many years ago. Archeology Ms. ESHOO. Mr. Speaker, we’re voting on guided tours of two exhibitions: ‘‘Malcolm X: A also shows us we are united with the global a Continuing Resolution that will fund the gov- Search for Truth’’ and ‘‘Romare Bearden: The community through shared past and common ernment through November 18th and provide

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.013 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS E1742 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2011 disaster assistance to many who desperately viding clean water, combating hunger, improv- standing leader in the field of aging and long- need it. ing health and sanitation, and eradicating polio term services, Mr. Winthrop Marshall. Under While I strongly support providing immediate and other childhood diseases. Mr. Marshall’s leadership, LeadingAge com- federal support to those affected by the recent The Rotary Club of Cleveland was founded pleted the transition to its new moniker, and natural disasters, I’m dismayed and dis- in 1910 and was the 18th chartered Rotary reinvigorated its mission to expand the possi- appointed that the GOP leadership would pay Club in the United States. The motto for bilities for aging. ‘‘LeadingAge’’ truly reflects for it at the expense of the successful Ad- Cleveland’s Rotary Club is ‘‘Service Above the organization’s leadership position in aging vanced Technology Vehicles Manufacturing Self.’’ The Rotary Club of Cleveland has a and its members’ commitment to championing (ATVM) Loan Program. number of ongoing programs and projects that quality and dignity for America’s elders. The ATVM program, created and funded aid communities in the Greater Cleveland area Known for his decades-long advocacy for af- with bipartisan support and signed into law by and abroad. fordable senior housing, Mr. Marshall is com- President George W. Bush, has created or Internationally, the Rotary Club of Cleveland mitted to combining housing with supportive saved 41,000 jobs from California to Michigan has been involved in humanitarian projects in services that help seniors remain independent to Kentucky. The program is on-track to create Laos, Mexico, Pakistan, Uganda, Lithuania, In- and in their communities. From leading the as- another 35,000 to 40,000 by year’s end. donesia, India and Kenya. Additionally, every sociation’s fight to pass the Affordable Care There is no question that this program has charter of Rotary International is involved in Act and CLASS Act, to the passage of the and can continue to help ensure that our na- the PolioPlus program. PolioPlus focuses on landmark Section 202 Supportive Housing for tion has a robust domestic auto manufacturing global immunization in hopes of eradicating the Elderly Act, Mr. Marshall’s tenure as Chair industry to build the next generation of fuel ef- the world of polio. has been marked by strength, solidarity and ficient cars. The Rotary Club of Cleveland is dedicated success. Cutting funding for this program is short- to serving the Greater Cleveland area and has Mr. Marshall has overseen LeadingAge sighted and will hurt our nation’s rise as a a number of programs designed to improve, member task forces on workforce, affordable global leader in advance vehicle technology support and recognize excellence within the housing, nursing home quality, home- and and strip away good-paying jobs that Ameri- community. Cleveland’s Rotary Club has community-based services, and issues specific cans are so in need of. The $1.5 billion cut to maintained the West 25th Street Rapid Sta- to rural members. Additionally, he spent nearly the program will likely cost 10,000 jobs. tion, which services Cleveland’s West Market, 30 years with an invaluable organization lo- House Republicans are pitting two great for more than 35 years. For more than 40 cated in my district, Christian Church Homes needs against each other—the need to create years the Club has been awarding area police, of Northern California, which also celebrates jobs and the need to support those harmed by fire and EMS heroes with the Medal of Valor. its 50th anniversary this year. natural disasters. Unfortunately, we are harm- The Cleveland Rotary Club’s largest impact Therefore, as we recognize LeadingAge’s ing our entire nation by putting these two im- programs are those dedicated to Greater long legacy and its excellent leadership under portant goals in conflict with one another. Cleveland’s youth. Their program, College Mr. Winthrop Marshall, we look forward to a It is for these reasons that I must urge my Now!, has provided scholarship support for bright future of affordable long-term services colleagues to vote against the GOP Fiscal hundreds of students throughout the area. and support for our Nation’s older adults. As Year 2012 Continuing Resolution. Other successful projects include Achievement LeadingAge forges ahead with its five main te- f Centers for Children, Thesmacher High School nets of aging services: quality, transitions, tal- Recognition Day, Project YESS, and support ent, finance, and technology, I have every OUR UNCONSCIONABLE NATIONAL of the Old Stone Education Center. confidence that they will fulfill their commit- DEBT Mr. Speaker and colleagues, please join me ment to ensure that all seniors have a place in recognition of the Rotary Club of Cleveland to call home. HON. MIKE COFFMAN as they celebrate 100 years of service to the On behalf of California’s 9th Congressional OF COLORADO Cleveland community. District, I want to extend my congratulations IN THE HOUSE OF REPRESENTATIVES f on this important milestone. Thank you, LeadingAge members, for all that you do. I Monday, October 3, 2011 HONORING THE 50TH wish you continued success in providing our Mr. COFFMAN of Colorado. Mr. Speaker, ANNIVERSARY OF LEADINGAGE older adults with vital services and opportuni- today our national debt is ties as you advance leadership in aging $14,790,340,328,557.15. HON. BARBARA LEE through innovation. On January 6, 2009, the start of the 111th OF CALIFORNIA f Congress, the national debt was IN THE HOUSE OF REPRESENTATIVES $10,638,425,746,293.80. HONORING MARK ALLEE Monday, October 3, 2011 This means the national debt has increased by $4,151,914,582,263.35 since then. This Ms. LEE of California. Mr. Speaker, I rise HON. JEFF DENHAM debt and its interest payments we are passing today to honor LeadingAge as it celebrates 50 OF CALIFORNIA to our children and all future Americans. years of advancing policies, practices and re- IN THE HOUSE OF REPRESENTATIVES f search that empower people to live fully as they age. Founded in 1961, and formerly Monday, October 3, 2011 IN RECOGNITION OF THE 100TH AN- known as the American Association of Homes Mr. DENHAM. Mr. Speaker, I rise today to NIVERSARY OF THE ROTARY and Services (AAHSA), LeadingAge currently acknowledge and honor the bravery and self- CLUB OF CLEVELAND comprises a vast network of 5,600 not-for- less action demonstrated by California Con- profit organizations dedicated to expanding the servation Corps trail camp supervisor Mark HON. DENNIS J. KUCINICH world of possibilities for aging. Allee. OF OHIO LeadingAge members touch the lives of mil- On the morning of June 29, 2011, Mark IN THE HOUSE OF REPRESENTATIVES lions of individuals and families each day Allee, a California Conservation Corps trail through a continuum of housing and commu- camp supervisor, patrolled from the Monday, October 3, 2011 nity based services, including adult day serv- O’Shaughnessy Dam to the Wapama Falls Mr. KUCINICH. Mr. Speaker, I rise today in ices, home health, hospice, community serv- Bridge along the Hetch Hetchy reservoir in recognition of the 100th anniversary of the Ro- ices, senior housing, assisted living resi- order to assess the trail conditions after an tary Club of Cleveland, a group of business, dences, continuing care retirement commu- unseasonal storm dumped over two inches of professional and community leaders who pro- nities and nursing homes. With five decades rain in 14 hours. Wapama Falls is arguably vide humanitarian service, encourage high of experience, over 40 state partners, as well the most powerful waterfall in Yosemite Na- ethical standards in all vocations, and help as businesses, research partners, consumer tional Park and flows almost year-round. Dur- build good will and peace in the world. organizations, foundations and a broad inter- ing peak flows, it has been known to inundate Rotary International was founded in 1905 national network of aging service organiza- the trail bridge crossing it. and today there are more than 34,000 Rotary tions, LeadingAge’s mission and core values On the day Mr. Allee arrived at the Wapama Clubs worldwide with 1.2 million members in have taken on a global scope. Falls Bridge, he saw nature’s unbridled power over 200 countries. Each chapter is dedicated Furthermore, I would like to recognize the in full display. Falling over 1,000 feet, the wa- to supporting education and job training, pro- outgoing chair of LeadingAge and an out- terfall created a venturi effect which generated

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.015 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS October 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1743 super intense winds that swirled and buffeted to ‘‘Grab the truss!’’ Most unfortunately how- Mr. Speaker, I ask you and my colleagues Mr. Allee, requiring that he take shelter behind ever, an exhausted Mr. Meyer was peeled to join me in recognizing Jersey Battered nearby trees. Typically, spring flows over the from the lower rail and disappeared into the Women’s Services, its board, dedicated staff waterfall are approximately 700 cubic feet per maelstrom below the bridge. and volunteers on its 35th anniversary. second; however, Mr. Allee witnessed a much In shock, Mr. Allee retreated from the im- f more furious flow that day which was approxi- mense threat and returned to his pack to re- mately twice the normal amount. port the situation to the park dispatch. Subse- IN RECOGNITION OF THE 30TH AN- At first, Mr. Allee heard only the indistin- quently, the three survivors retreated to a se- NIVERSARY OF SLAVIC VILLAGE guishable and powerful noise of intense winds, cure location on the east end of the bridge DEVELOPMENT waterfall spray and heavy rain. Continuously, and awaited rescue. yet chaotically, huge bursts of water would With instinctive skill, tenacious strength and HON. DENNIS J. KUCINICH plunge from the falls and flood the entire great courage, Mr. Allee heroically attempted OF OHIO bridge deck. Because of this, the access trail to save the lives of others he did not know. IN THE HOUSE OF REPRESENTATIVES and steps leading to the bridge were sub- The risk and threat in doing so was immense, Monday, October 3, 2011 yet Mr. Allee’s actions exhibited tremendous merged in a foot of water at times as it poured Mr. KUCINICH. Mr. Speaker, I rise today in onto the boulders below. The volume was de- bravery and valor. The survivors described Mr. Allee’s actions as heroic. recognition of the 30th anniversary of Slavic scribed as the equivalent of five 4-foot diame- Village Development, SVD, an organization ter culverts disgorging their full contents simul- Mr. Speaker, please join me in honoring and commending Mark Allee on his quick thinking committed to ‘‘revitalizing the Broadway neigh- taneously. Mr. Allee, who also works as a river borhood through rehabilitation of existing guide and is a certified Swiftwater Rescue and risk of personal safety on June 29, 2011, in Yosemite National Park. housing, storefronts and buildings; construc- Technician, knew immediately that accessing tion of new homes; retention of existing build- f the bridge was hazardous and that crossing it ings and recruitment of new ones; and provi- was extremely dangerous. HONORING JERSEY BATTERED sion of housing services and community orga- While radioing these conditions into park WOMEN’S SERVICES nizing programs to improve the quality of life.’’ dispatch, Mr. Allee saw four (in actuality, there SVD is a non-profit community development were five) backpackers access the bridge from HON. RODNEY P. FRELINGHUYSEN organization dedicated to the North and South the other side (east to west). Mr. Allee thought OF NEW JERSEY Broadway neighborhoods of Cleveland, OH. that they would recognize the severe hazard IN THE HOUSE OF REPRESENTATIVES Throughout the past 30 years, SVD has in- and stop; however, they did not and began an Monday, October 3, 2011 vested more the $160 million into Slavic Vil- attempted crossing. Mr. Alice frantically sig- lage, one of Cleveland’s oldest ethnic commu- naled to the party to not cross. He gave mul- Mr. FRELINGHUYSEN. Mr. Speaker, I rise nities. tiple arm signals and shouts, but because of today to honor Jersey Battered Women’s This year’s 30th anniversary celebration, the intense noise, verbal communication was Services, JBWS, located in Morris County, ‘‘Digging in the Past, Growing the Future,’’ fo- impossible. Despite Mr. Allee’s warnings, the New Jersey, as it celebrates its 35th Anniver- cuses on the past accomplishments that SVD hikers continued to attempt a bridge crossing sary. has achieved as well as the goals of the orga- which set in motion the emergency. JBWS was originally founded in 1976 by a nization’s future. Throughout the past 30 Shocked and horrified, Mr. Allee witnessed small group of women who began a hotline to years, SVD has developed more than 300,000 as the first two backpackers were immediately aid victims of domestic violence. The need for square feet of new office and retail space, knocked to their knees by the force of the cur- a confidential center became urgent and ap- built or rehabilitated 1000 homes, renovated rent. He recognized the extreme threat, and in parent when two callers were murdered by 100 storefronts, hosted 33 Harvest Festivals, an attempt to rescue them as they would be their husbands. In December of 1978, JBWS led 14 neighborhood summits, installed eight swept downstream from the bridge, Mr. Allee opened its shelter doors to those in need of a public art projects and reconstructed Broad- jumped to position himself on a boulder just safe house away from an abusive family mem- way and Bessemer Avenues, among other below the bridge in order to help anyone that ber. projects. Some of the projects SVD looks for- With more than 75 paid staff and 120 volun- might possibly be swept by. As Mr. Allee ward to in the future include building more teers, JBWS is a full-service, private, nonprofit moved onto a large boulder immediately new homes at the Trailside development site domestic violence agency with a mission to downstream of the bridge, the first hiker (Mr. and, in Hyacinth, reconstructing Fleet Avenue prevent domestic violence through the protec- Fox) was quickly pushed by the torrent under- and re-imagining Broadway Slavic Village. tion and empowerment of the victim, the reha- neath the lower rail and off of the bridge. It Mr. Speaker and colleagues, please join me bilitation of family members, the advocacy of happened so rapidly that Mr. Allee didn’t even in recognizing the 30th anniversary of SVD. social reform to prevent partner violence and realize that Mr. Fox had fatally disappeared SVD will continue to work on behalf of the the education of the public about domestic vio- residents of Cleveland’s Slavic Village, dedi- into the flow. While accessing the bridge’s lence and its consequences. Victims of do- upper handrail from the large downstream cated to their mission; ‘‘To preserve, em- mestic violence, no matter their age, race, power, and advance Slavic Village as a thriv- boulder, Mr. Allee saw the second backpacker gender, religious affiliation or ethnic back- (Mr. Meyer) get pushed underneath the lower ing diverse neighborhood. Essential to our ground need solace and support at a time neighborhood is its unique identity with quality rail and into the current. This time, however, when the one they often turn to is the one Mr. Meyer was able to grab the lower handrail housing anchored by excellent recreational, they are running from. educational, cultural, religious, and institutional while his wife leaned over and held his head JBWS provides fully confidential services to anchors supported by a vibrant retail, commer- out of the swiftwater. victims to allow for their privacy and protec- cial, and industrial base.’’ Mr. Allee leapt into action from the west tion. They offer numerous programs including side of the bridge and instinctively wrapped legal services, transitional living and coun- f his legs and left arm around the top rail and seling. Their counseling services are not only HONORING THE WORLD WAR II extended his right arm to help Mr. Meyer. Mr. for victims and their children, but also for the VETERANS OF THE UPPER PE- Allee looked directly into the eyes of Mr. batterer. JBWS understands that while pro- NINSULA HONOR FLIGHT Meyer who was clutching to the rail for his life. tecting victims is important, it is also important Exposed to full fury of the torrent, Mr. Allee to educate the batterer on alternative ways to HON. DAN BENISHEK screamed to Meyer’s wife to ‘‘Get back!’’ address their anger. While doing so, Mr. Allee reached down and OF MICHIGAN In addition to their 24 hour hotline and safe IN THE HOUSE OF REPRESENTATIVES tore Mr. Meyer’s rain poncho off in order to house, education for the prevention of domes- decrease the drag on his body. Only reluc- tic violence is JBWS’s overarching mission. As Monday, October 3, 2011 tantly was Mr. Meyer’s wife pulled to safety by domestic abuse is a largely unreported crime, Mr. BENISHEK. Mr. Speaker, on the morn- one of the other party members. Reaching fur- JBWS hopes to abolish the view that family vi- ing of September 22, the inaugural flight of the ther into the violent flow and full force of the olence is a private matter through the edu- Upper Peninsula Honor Flight departed for swiftwater, Mr. Allee was then able to dis- cation of victims, teens and community mem- Washington, DC. On this flight were more than connect the waistbuckle on Meyer’s backpack, bers. 80 World War II Veterans bound for the me- which was immediately swept away by the No one should be afraid to go home. JBWS morial that was built in their honor. Sur- current. Having freed Mr. Meyer from that ad- gives victims of domestic violence the oppor- rounded by the giant, granite pillars and spray- ditional drag, Mr. Allee screamed to Mr. Meyer tunity to create a new safe place to call home. ing fountains, there was a renewed sense of

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.018 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS E1744 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2011 shared sacrifice among the Veterans, and the such as honor, duty, country and charity. By HONORING MR. NORMAN W. GREEN honor of having been one of the 16 million applying these concepts to daily life, Matthew men and women who served during World has proven his true and complete under- War II. This ‘‘Greatest Generation’’ is respon- standing of their meanings, and thereby de- HON. BRIAN HIGGINS sible for so much of America’s prosperity, and serves this honor. OF NEW YORK on behalf of the citizens of Michigan’s First I offer my congratulations on a job well done IN THE HOUSE OF REPRESENTATIVES District, I would like to recognize these heroes and best wishes for the future. for their service, sacrifice, and continued patri- Monday, October 3, 2011 otism. The motto of the Honor Flight Program f Mr. HIGGINS. Mr. Speaker, I rise today to reads ‘‘We can’t all be heroes. Some of us commemorate the death of United States have to stand on the curb and clap as they go HONORING MAURICE SPIEGEL Army veteran Mr. Norman W. Green. by.’’ It was my pleasure to do so on Sep- tember 22, 2011, and honor these heroes who Mr. Green served in the Army during the are responsible for the greatest victory of the HON. MIKE QUIGLEY Korean War with the 187th Air-borne Regi- 20th Century. mental Combat Team. He participated in the f OF ILLINOIS regimental parachute assault on Sukchon, North Korea, during the 1950 Battle of IN THE HOUSE OF REPRESENTATIVES THE 100TH ANNIVERSARY OF THE Pakchon. Mr. Green was later wounded and REPUBLIC OF CHINA (TAIWAN) Monday, October 3, 2011 received a Purple Heart. Mr. Green was devoted to his local commu- HON. BRIAN HIGGINS Mr. QUIGLEY. Mr. Speaker, I would like to nities, first in Cleveland, OH, as a union paint- OF NEW YORK recognize my constituent, Maurice Spiegel, er and later in Dunkirk, NY, as a local busi- IN THE HOUSE OF REPRESENTATIVES who will turn 100 years old on October 27, ness owner and entrepreneur. 2011. Maurie, as he is known, is the son of Mr. Green was also a family man. He Monday, October 3, 2011 Max Spiegel and Ida Kaplan, and has an older leaves behind a widow, Mrs. Ruth Gestwicki Mr. HIGGINS. Mr. Speaker, I rise today to sister, Tillie, and five brothers, Lou, Irv, Frank, Green, two children, a daughter Nancy and a congratulate the Republic of China on its Hy, and Bill. son Norman. Also surviving are three grand- 100th Anniversary, which will take place on Growing up near Roosevelt Road and Hal- children. October 10th of this year. sted Street in the City of Chicago, Maurie en- I am proud to celebrate this tremendous It is with great pride that I rise today to re- countered great difficulties as a young boy. milestone for Taiwan, not only because of the member Mr. Norman W. Green, a veteran of His family struggled to make ends meet, and state’s strong relationship with the United our Nation’s armed forces and a proud mem- his mother had to raise the children on her States, but as an example worldwide of the ber of this wonderful community. own. To help his family, Maurie began selling power of democracy to improve the quality of newspapers, putting whatever he earned life for all citizens and create a healthy and di- f verse economy. under his mother’s pillow. When his family FAIRFAX KIWANIS CLUB Indeed Taiwan was established to reflect could no longer afford school supplies, Maurie the principles of Dr. Sun Yat-sen, a man who dropped out of high school and started work- had a vision for a democratic Chinese state in- ing in order to contribute even more. HON. SAM GRAVES spired by American ideals of freedom of ex- According to his family, Maurie was very pression, representative government, and an athletic as a child. He was well known for his OF MISSOURI independent judiciary. The promotion of these skills in soft ball and hitting home runs. He IN THE HOUSE OF REPRESENTATIVES ideals is never easy, and the promotion of de- was also a great swimmer, once saving a Monday, October 3, 2011 mocracy in Taiwan has been a long process child from drowning. Living in a tough neigh- to be sure, yet the principles established by borhood, Maurie learned to defend himself Mr. GRAVES of Missouri. Mr. Speaker, I Dr. Sun remain a hallmark of Taiwan today. and his younger brothers, though he always proudly pause to recognize the Fairfax And just as Taiwan was an early Asian maintained that he never started a fight, just Kiwanis Club which will recognize the 65th An- backer of democratic principles and ideals, the finished them! Today, Maurie is now known for niversary of the club on October 4th, 2011. A ROC government—on Taiwan since 1949— his outstanding ability in the game of check- special ceremony will take place to honor the was also an early adapter and proponent of ers. history and tradition of the Fairfax Kiwanis market reforms and economic liberalization Club that has existed since 1946. that define the modern global economy. Tai- During World War II, Maurie served in the U.S. Army from 1941 to 1945 and was sta- The Fairfax Kiwanis Club is involved with wan has seen a meteoric rise ever since, is a numerous service projects each year. When a force in the global technology sector, and the tioned in Attu, which is the westernmost island of the Aleutian Islands of Alaska. Maurie ob- community need arises, the Kiwanis club is island’s economy is one of the largest in Asia ready to respond. Such was the case when and in the top tier of the developed world. tained his high school G.E.D. and took several college courses under the G.I. Bill after his the local library needed a sidewalk replaced. I want to again congratulate Taiwan on this The club responded by raising $25,000 for the most auspicious anniversary, and I look for- military service. He worked various positions for the United States Postal Service in Chi- project. The Fairfax Kiwanis club is very active ward to continuing the strong and deep rela- with youth activities, including Boy Scouts and tionship between Taiwan and the United cago for 27 years until his retirement. Despite being retired, Maurie worked as a messenger Girl Scouts. The club participates in inter- States. national efforts in addition to their service in for Continental Bank for another 15 years. f the local community. Since high school, Maurie has worked full time CONGRATULATORY REMARKS FOR until he was almost 80 years old. Kiwanis is a worldwide service organization OBTAINING THE RANK OF EAGLE of men and women who share the challenge SCOUT Maurie married the love of his life, Lucille, of community and world improvement. Since and had one son, Harvey. Lucille and Maurie its founding in Detroit, Michigan, in 1915, HON. SANDY ADAMS moved into North Park Village Apartments in Kiwanis has grown to more than 8,400 clubs 1984. Lucille passed away in 1987. Harvey in 96 nations. There are about 606,600 active OF FLORIDA says of his parents, ‘‘My dad was the most members in the Kiwanis family, representing IN THE HOUSE OF REPRESENTATIVES loyal and reliable husband to my mom. They nearly every culture on every continent, all Monday, October 3, 2011 were a couple who truly loved each other.’’ seeking to improve people’s lives. Kiwanians Mrs. ADAMS. Mr. Speaker, I would like to Mr. Speaker, I ask my colleagues to join me give their time to make their communities and congratulate Matthew Christopher Salazar for in honoring Maurice ‘‘Maurie’’ Spiegel on his world better places in which to live and work. achieving the rank of Eagle Scout. 100th birthday. His life is a wonderful testa- Mr. Speaker, I proudly ask you to join me in Throughout the history of the Boy Scouts of ment of his immense love for his family and of recognizing the Fairfax Kiwanis Club. The America, the rank of Eagle Scout has only his outstanding dedication and service to his Fairfax Kiwanis Club is a tremendous service been attained through dedication to concepts community and the United States of America. organization that serves its community well.

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K03OC8.013 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS October 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1745 TRIBUTE TO THE UNIVERSITY OF Team Members: Ali Alaswadi, Benjamin these units. A homeless youth, who wishes to MARYLAND TEAM WHO WON THE Bates, Amy Chen, Brennan Clark, Linda Clark pursue full time education, must choose be- SOLAR DECATHLON 2011 Michael Craton, Natalya Dikhanov, Eric tween education and remaining homeless. Gellman, James Han, Justin Heil, Justin This is not a choice our youth should make, HON. STENY H. HOYER Huang, Erik Kornfeld, John Kucia, Allen nor is this a policy America has ever sup- OF MARYLAND Meizlish, Jeffrey Sze and Andrew Taverner. ported. IN THE HOUSE OF REPRESENTATIVES Extended Team: Sahin Arikoglu, Alex Education has always been the cornerstone of American excellence and ingenuity. Even Monday, October 3, 2011 Atahua, Rishi Banerjee, Justin Bare, Katherine Beisler, Jacob Bialek, Paul Bilger, Christoper more, an education remains the best hope for Mr. HOYER. Mr. Speaker, I rise today to Binkley, Ian Black, Andrew Bruno, Victoria homeless youth to escape poverty as adults. congratulate a talented team of students from Chang, Wen-Hui Chen, Ethan Cowan, Justin It is critical that we fix this defect in the law, my alma mater, the University of Maryland, Cullen, Diana Daisey, Adam Davies, Aleron and ensure that our youth are given every op- who this weekend won first place at the U.S. Dsilva, Mariam Eshete, Eric Faughnan, Ryan portunity to reach their educational goals. Department of Energy’s Solar Decathlon 2011 Fitch, Meredith Friedman, Holman Gao, Louis f here in Washington. Gbone, Philip Geilman, Phil Geiman, Marisa The U.S. Department of Energy’s Solar De- PALESTINIANS AT THE UN Gomez; Karen Hillis, Ananya Hiremath, cathlon is a competition among collegiate Vanessa Hoffman, Amy Hudson, Phil Jacks, teams to design and build solar-powered Peter James, Eric Joerdens, Christine HON. CAROLYN B. MALONEY houses that combine affordability and appeal OF NEW YORK Kandigian, Jacob Kunken, Christopher Leung, to consumers with energy-efficiency and de- IN THE HOUSE OF REPRESENTATIVES Arik Lubkin, Christopher Luther, Ryan Maisel, sign excellence. The University of Maryland Monday, October 3, 2011 team’s house, WaterShed, was awarded first Bracha Mandel, Maria Martello, Zachary Mar- place in recognition of its innovative use of tinez, Abe Massad, Mark Matovich, Shakira Mrs. MALONEY. Mr. Speaker, while the Pal- solar energy and water conservation, excellent Mccall, Kenneth Morgan, Christopher Myers, estinians engage in political theater at the design, and strong performance in daily com- Zachary Nerenberg, Matthew Newman, United Nations, the Israeli-Palestinian conflict petitions. In addition to winning the overall Yuchen Nie, Albert Palmer, Daniel Perdomo, gets no closer to resolution and the Palestin- competition, the Maryland team also proved Robert Pettit, Chau Pham, Georgina Pinnock, ians get no closer to a real state. A Pales- victorious in the Architecture Contest and tied Kaitlin Pless, Olga Pushkareva, James Ramil, tinian state can only come about through di- for first with perfect scores in both the Hot Mark Reese, Raheena Rehman, Nicolas rect talks between Israel and the Palestinians. Water and Energy Balance contests. Roldos, Boateng Rosemond, Michele Instead of working toward peace, Palestinian Over 200 students, representing a wide vari- Rubenstein, Michael Satoh, Charles Schupler, President Mahmoud Abbas is engaging in po- ety of disciplines including architecture, engi- Juliet Serem, Valerie Smith, Jacob Steinberg, litical theater that will leave the Palestinian neering, environmental science and plant Michael Taylor, Alexander Tonetti, Marcela people even more frustrated with the lack of sciences, contributed to WaterShed, making Trice, Katherine Vocke, Nader Wallerich, Luxi tangible results. Maryland’s victory a truly collaborative effort. Wang, Amy Weber, Sofia Weller, Christine I am pleased that President Barack Obama By blending innovation and technology with Wertz, Kiley Wilfong, Christine Wirth, Fawna stood up at the United Nations General As- sustainability and conservation, these students Xiao, Diane Ye, and Jesse Yurow. sembly and told the world that ‘‘Peace will not demonstrated the creativity, teamwork, tech- Mentors: Deborah Bauer, Grant Baxter, come through statements and resolutions at nical knowledge, and determination that are Charlie Berliner, Dan Blankfeld, Joe Bolewski, the U.N.’’ It was a brave speech that will make essential as we work to revive our economy Brian Borak, Erin Carlisle, John Cartagirone, him less popular in many quarters, but it was and regain our nation’s place as a leader in Chris Cobb, John Coventry, Adam Eurich, Taz the right thing to do. high tech and sustainable manufacturing. Ezzat, George Fritz, Julie Gabrielli, Aditya America believes in a two state solution. The hard work of the Maryland team, and Gaddam, Jennifer Gilmer, Anne Hicks Harney, Israel believes in a two state solution. The the work of the 19 other teams involved in the Maggie Haslam, Ray Hayleck, Joan Quartet believes in a two state solution. But competition, illustrate the goals of the Make It Honeyman, Ming Hu, Adam Keith, Peter there is a big difference between a theoretical In America plan that my Democratic col- Kelley, Benson Kwong, Mike Lawrence, Dale ideal and the nuts and bolts of defining a new leagues and I are pursuing. The Make It In Leidich, John Love, Kristen Markham, Evan country’s borders, ensuring the security of its America plan emphasizes support for Amer- Merkel, John Morris, Frank Plummer, Don neighbors, and resolving open issues regard- ican firms developing new clean energy tech- Posson, Kristin Potterton, Tyler Sines, Niklas ing refugees and water rights. And while Israel nologies, creating jobs while investing in a Vigener, Dan Vlacich, Fred Werth, Bill Wiley, has conceded the right of the Palestinians to more sustainable future. This competition, with Jay Williams, and Dan Zimmerman. have their own state, the Palestinians have its focus on both cost-effectiveness and en- f never acknowledged the right of Israel to exist ergy-efficiency, is an excellent example of the as a Jewish state. approach we need to pursue to achieve our TO AMEND THE INTERNAL REV- The fig leaf of an agreement between economic and sustainability goals. ENUE CODE TO QUALIFY HOME- Hamas and the Palestinian Authority cannot I would like to recognize the work of student LESS YOUTH WHO ARE STU- hide the fact that the two factions remain at leaders Jay Chmilewski, David Daily, Leah DENTS FOR PURPOSES OF THE war with one another for control and that Davies, Steve Emling, Isabel Enerson, Tamir LOW INCOME HOUSING TAX Hamas remains determined to erase Israel Ezzat, Michael Feldman, David Gavin, Jeff CREDIT from the globe. They have managed to main- Gipson, Newton Gorrell, Joseph Ijjas, Moshe tain an uneasy truce in order to secure inter- Katz, Yehuda Katz, Lynn Khuu, Zachary HON. JIM McDERMOTT national approbation, but it is unlikely to last. Klipstein, Parlin Meyer, Jeff Rappaport, Matt OF WASHINGTON If Hamas wins the struggle or remains a sig- Sickle, Evan Smith, Scott Tjaden, Kevin IN THE HOUSE OF REPRESENTATIVES nificant element of the government without re- Vandeman, Nick Weadock, Allison Wilson, nouncing terrorism and its determination to de- Monday, October 3, 2011 and Veronika Zhiteneva and faculty team stroy Israel, then the fledgling Palestinian state members Mike Binder, Patricia Kosco Mr. MCDERMOTT. Mr. Speaker, at any would be established with the intent of waging Cossard, Amy Gardner, Brian Grieb, Dr. Keith given time more than 1 million youth are war on Israel. That is an unacceptable out- Herold, Madlen Simon, Dr. David Tilley and homeless in America. In the midst of a reces- come, particularly if the UN, which was found- Brittany Williams. sion where Federal, State, and local govern- ed to promote peace, serves as the midwife to The University of Maryland team—including ment budgets are being cut, needed services the new state. students, faculty, and professional mentors— for these youth have all but disappeared. What we are witnessing at the United Na- should be congratulated for their impressive Low Income Housing Tax Credits have tions is nothing more than a popularity con- accomplishments, and I am proud to honor helped fill this void and create private-public test. And when it comes to a popularity con- these exceptional individuals. I urge my col- partnerships to build affordable low income test, the Palestinians win. The Organization of leagues to join with me in applauding this im- housing. This housing has been invaluable in Islamic Cooperation has 57 states. There is pressive feat, and I ask unanimous consent providing much needed shelter for those hit only one Jewish state. that the names of the team members, the ex- hardest by the recession. Unfortunately, a UN recognition of a Palestinian State will tended team and the mentors be included in quirk in the law prohibits full time students, yield few changes in the lives of most Pal- the RECORD following my statement. who were previously homeless from living in estinians. The most significant tangible result

VerDate Mar 15 2010 05:19 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.021 E03OCPT1 PWALKER on DSK5TPTVN1PROD with REMARKS E1746 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2011 would be an ability to bring cases against CONGRATULATING TAKEYSHA Michigan have a friend in faith, are cared for, Israel in international legal bodies that are SHEPPARD CHENEY and have a roof overhead. For that, I would often hostile to the Jewish state. But ordinary like to say on behalf of the people of Michi- Palestinians will soon realize that their lives HON. STEVE STIVERS gan’s 15th Congressional District, thank you. are little changed. Their disappointment will OF OHIO Reverend Doctor Riley has dedicated his further destabilize the region and leave us far- IN THE HOUSE OF REPRESENTATIVES career to spreading the gospel in Southeast Michigan. His commitment to serving others ther from a resolution to the conflict. Monday, October 3, 2011 has helped my constituents lead healthier, At the end of the day, the Palestinians’ Mr. STIVERS. Mr. Speaker, I rise today to more fulfilled lives. He has been a leader gambit will bring them no closer to peace, no congratulate TaKeysha Sheppard Cheney on among the church-affiliated groups in South- closer to established borders and no closer to being named the 2011 Empowered Woman of east Michigan. I want to thank him for his love economic stability. It will, however, leave Israel the Year by the Women Presidents’ Organiza- of all people and for his tremendous friend- more isolated, more vulnerable and less se- tion. Her dedication to empowering women ship. cure. I applaud President Obama and both the and helping girls reach their full potential is in- Mr. Speaker, I am told that Reverend Doctor Democratic and Republican leadership of Con- spiring. Riley chose his career early in life. At the age gress for taking a principled stand against an From her work in the State Legislature to of 11, he began ministering to his neighbors in her time as the Executive Director of the Ohio Detroit, and stayed focused growing in the unprincipled effort. Peace can only come from Legislative Black Caucus, Ms. Sheppard Che- faith by earning a bachelor’s degree in the- the bargaining table. ney has been an active participant in public ology and philosophy. He felt called to con- service and making Ohio a better place for tinue learning more, going on to get a mas- f families. Her efforts with the LEADER Institute, ter’s degree in theology and religious studies, a leadership development program for girls, is and a doctorate of divinity degree along with CONGRATULATIONS TO TAIWAN to be commended. a doctorate of humane letters. ON ITS 100TH BIRTHDAY She has further made a difference in Co- Mr. Speaker, Reverend Doctor Riley is an lumbus by serving on the boards of the Salva- honorable man who has done many great tion Army of Central Ohio; the Columbus Zoo things for the citizens of Southeastern Michi- HON. HOWARD COBLE and Aquarium; the Ohio Commodores; and gan. I am honored to have him as friend. I ask OF NORTH CAROLINA ROX, which is an empowerment program for that you and all of my colleagues join me in girls. congratulating Reverend Doctor Riley for his IN THE HOUSE OF REPRESENTATIVES Today, Cheney is the founder, CEO and tireless support, kindness and leadership to Monday, October 3, 2011 publisher of The Women’s Book, a magazine his community and to give him our best wish- that shares information and resources for es for the future. Mr. COBLE. Mr. Speaker, I join with many women in Central Ohio. The publication fo- others to congratulate our good friends, The cuses on the latest happenings for women f and girls in Columbus, and she has success- Republic of China (commonly known as Tai- INTRODUCTION OF THE SSI EX- fully expanded her publication to Cincinnati wan), on their 100th anniversary, which will TENSION FOR ELDERLY AND take place on October 10, 2011. and Cleveland. DISABLED REFUGEES ACT OF I would again like to congratulate TaKeysha 2011 Relatively speaking, America is not much Sheppard Cheney for being the 2011 Empow- older than Taiwan. The United States has only ered Woman of the Year. She has truly made been around for 235 years, and like Taiwan, a difference in the lives of women and girls in HON. JIM McDERMOTT is young in comparison to many of the coun- the Central Ohio area. OF WASHINGTON tries of the world. To the people of Taiwan, f IN THE HOUSE OF REPRESENTATIVES October 10th is revered as much as July 4th Monday, October 3, 2011 in the United States. As many remember, we REVEREND DOCTOR STEVEN D. RILEY had a huge celebration for our bicentennial in Mr. MCDERMOTT. Mr. Speaker, I rise today to introduce the SSI Extension for Elderly and 1976. HON. JOHN D. DINGELL Disabled Refugees Act of 2011. I introduced a Just to put in perspective how long ago the OF MICHIGAN similar bill on August 1. This modified version United States celebrated our 100th anniver- would grant a one-year extension of current IN THE HOUSE OF REPRESENTATIVES sary in 1876, our president was Ulysses S. law, which passed unanimously in both cham- Grant, Alexander Graham Bell made his fa- Monday, October 3, 2011 bers of Congress in 2008 and was signed into mous first phone call to Watson, and the Mr. DINGELL. Mr. Speaker, I rise to con- law by President Bush (P.L. 110–328). Under United States only had 37 states at the begin- gratulate my dear friend, the Reverend Doctor this law, elderly and disabled refugees and ning of that year. Steven D. Riley, who was honored this past certain humanitarian immigrants who are very weekend for his 30th Anniversary as Pastor of low income may receive Supplemental Secu- Just as we have progressed in our second Christ Temple Baptist Church in Ypsilanti, rity Income (SSI) for up to 9 years before be- 100 years, Taiwan has greatly changed in its Michigan and his 40 years of teaching the coming citizens, to allow time for naturaliza- first 100 years, as well. One of the most excit- gospel. A large and enthusiastic group of tion. The Senate unanimously passed this bill ing changes is that Taiwan has become a full- friends from all walks of life, leaders from the today. blown democracy over the last 15 years hav- community, and people he touched throughout Unfortunately, the current law expired on ing its first actual direct elections for president his life all gathered for a service to pay tribute September 30, 2011. Without immediate pas- in 1996. Since then, Taiwan has had three to this wonderful local leader. The greatest sage of this bill, thousands of refugees will successful transfers of power from one party message given that evening was seen on the face serious hardship. This legislation will be to another, showing the fairness and legit- faces of the audience whose love, gratitude, completely paid for by collecting a $30 fee on imacy of its elections. affection and respect for Reverend Riley’s diversity visas through October 1, 2013. Ex- service to the church and his community radi- cess funds would go to the Department of Taiwan is a beacon of democracy in South- ated throughout the service. Treasury. Congressional Budget Office esti- east Asia, and we look forward to our contin- He has led Ypsilanti and Southeast Michi- mates that this bill would result in $24 million ued friendship for many years to come. On gan by his ministerial example and being in deficit reduction. behalf of the citizens of the Sixth District of steadfast in his mission to shape and mold the Mr. Speaker, this is a common sense bill North Carolina, we offer our congratulations to present into a better future. He has worked that continues an existing law. I urge my col- Taiwan on its centennial celebration. hard to ensure that residents in Southeast leagues to support this legislation.

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Krueger, of SD–226 meetings and hearings of Senate com- New Jersey, to be a Member of the 10:30 a.m. mittees, subcommittees, joint commit- Council of Economic Advisers, Execu- Foreign Relations tees, and committees of conference. tive Office of the President, David A. Western Hemisphere, Peace Corps and This title requires all such committees Montoya, of Texas, to be Inspector Global Narcotics Affairs Subcommittee General, Department of Housing and to notify the Office of the Senate Daily To hold hearings to examine the Peace Urban Development, Cyrus Amir- Corps, focusing on the next fifty years. Digest—designated by the Rules Com- Mokri, of New York, to be Assistant SD–419 mittee—of the time, place, and purpose Secretary of the Treasury, and Patricia 2:15 p.m. of the meetings, when scheduled, and M. Loui, of Hawaii, and Larry W. Indian Affairs any cancellations or changes in the Walther, of Arkansas, both to be a Member of the Board of Directors of To hold an oversight hearing to examine meetings as they occur. internet infrastructure in native com- As an additional procedure along the Export-Import Bank of the United States; to be immediately followed by munities, focusing on equal access to e- with the computerization of this infor- commerce, jobs and the global market- mation, the Office of the Senate Daily a hearing to examine the Financial Stability Oversight Council annual re- place. Digest will prepare this information for port to Congress. SD–628 printing in the Extensions of Remarks SD–538 2:30 p.m. section of the CONGRESSIONAL RECORD Environment and Public Works Intelligence on Monday and Wednesday of each Children’s Health and Environmental Re- To hold closed hearings to examine cer- week. sponsibility Subcommittee tain intelligence matters. Meetings scheduled for Tuesday, Oc- To hold an oversight hearing to examine SH–219 tober 4, 2011 may be found in the Daily Federal actions to clean up contamina- tion from legacy uranium mining and OCTOBER 11 Digest of today’s RECORD. milling operations. 2:30 p.m. SD–406 Homeland Security and Governmental Af- MEETINGS SCHEDULED Finance fairs OCTOBER 5 To hold hearings to examine tax reform Oversight of Government Management, the 10 a.m. options, focusing on incentives for Federal Workforce, and the District of Banking, Housing, and Urban Affairs homeownership. Columbia Subcommittee Economic Policy Subcommittee SD–215 To hold hearings to examine labor-man- Judiciary To hold hearings to examine perspectives agement forums in the Federal govern- Business meeting to consider S. 1301, to on the economic implications of the ment. authorize appropriations for fiscal Federal budget deficit. SD–342 years 2012 to 2015 for the Trafficking SD–538 Victims Protection Act of 2000, to en- Foreign Relations OCTOBER 13 hance measures to combat trafficking To hold hearings to examine the nomina- in person, H.R. 368, to amend title 28, 2:15 p.m. tions of Susan Denise Page, of Illinois, United States Code, to clarify and im- Indian Affairs to be Ambassador to the Republic of prove certain provisions relating to the To hold an oversight hearing to examine South Sudan, Adrienne S. O’Neal, of removal of litigation against Federal the Carcieri crisis, focusing on the rip- Michigan, to be Ambassador to the Re- officers or agencies to Federal courts, ple effect on jobs, economic develop- public of Cape Verde, Mary Beth Leon- an original bill entitled, ‘‘Federal ment and public safety in native com- ard, of Massachusetts, to be Ambas- Courts Jurisdiction and Venue Clari- munities. sador to the Republic of Mali, and fication Act of 2011, H.R. 394, to amend SD–628 Mark Francis Brzezinski, of Virginia, title 28, United States Code, to clarify to be Ambassador to Sweden, all of the the jurisdiction of the Federal courts, OCTOBER 18 Department of State. an original bill entitled, ‘‘Appeal Time 2:30 p.m. SD–419 Clarification Act of 2011’’, H.R. 2633, to Homeland Security and Governmental Af- Health, Education, Labor, and Pensions amend title 28, United States Code, to Business meeting to consider an original fairs clarify the time limits for appeals in To hold hearings to examine the nomina- bill entitled, ‘‘Elementary and Sec- civil cases to which United States offi- ondary Education Act’’, and any pend- tion of Ernest Mitchell, Jr., of Cali- cers or employees are parties, S. 1014, fornia, to be Administrator of the ing nominations. to provide for additional Federal dis- SD–106 United States Fire Administration, trict judgeships, and the nominations Federal Emergency Management Agen- of Evan Jonathan Wallach, of New OCTOBER 20 cy, Department of Homeland Security. York, to be United States Circuit SD–342 Judge for the Federal Circuit, Dana L. 2:15 p.m. 2 p.m. Christensen, to be United States Dis- Indian Affairs Homeland Security and Governmental Af- trict Judge for the District of Mon- To hold hearings to examine S. 134, to fairs tana, Cathy Ann Bencivengo, to be authorize the Mescalero Apache Tribe Contracting Oversight Subcommittee United States District Judge for the to lease adjudicated water rights, S. To hold hearings to examine food service Southern District of California, Gina 399, to modify the purposes and oper- management contracts, focusing on if Marie Groh, to be United States Dis- ation of certain facilities of the Bureau contractors are overcharging the gov- trict Judge for the Northern District of of Reclamation to implement the water ernment. West Virginia, Margo Kitsy Brodie, to rights compact among the State of SD–342 be United States District Judge for the Montana, the Blackfeet Tribe of the 2:30 p.m. Eastern District of New York, Blackfeet Indian Reservation of Mon- Judiciary Adalberto Jose Jordan, of Florida, to tana, and the United States, S. 1298, to To hold hearings to examine considering be United States Circuit Judge for the provide for the conveyance of certain the role of judges under the Constitu- Eleventh Circuit, John M. Gerrard, to property located in Anchorage, Alaska, tion of the United States. be United States District Judge for the from the United States to the Alaska SH–216 District of Nebraska, Mary Elizabeth Native Tribal Health Consortium, S. Phillips, to be United States District 1327, to amend the Act of March 1, 1933, OCTOBER 6 Judge for the Western District of Mis- to transfer certain authority and re- 9:30 a.m. souri, Thomas Owen Rice, to be United sources to the Utah Dineh Corporation, Homeland Security and Governmental Af- States District Judge for the Eastern and S. 1345, to provide for equitable fairs District of Washington, David Nuffer, compensation to the Spokane Tribe of Investigations Subcommittee to be United States District Judge for Indians of the Spokane Reservation for To hold hearings to examine speculation the District of Utah, and Steven R. the use of tribal land for the produc- and compliance with the ‘‘Dodd-Frank Frank, to be United States Marshal for tion of hydropower by the Grand Cou- Act’’. the Western District of Pennsylvania, lee Dam. SD–342 Martin J. Pane, to be United States SD–628

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate States-Panama Trade Promotion Agreement; which Chamber Action was referred to the Committee on Finance. (PM–25) Routine Proceedings, pages S6013–S6058 Page S6048 Measures Introduced: Eight bills and one resolu- Transmitting, pursuant to law, the legislation and tion were introduced, as follows: S. 1636–1643, and supporting documents to implement the United S. Res. 285. Page S6049 States-Colombia Trade Promotion Agreement; which was referred to the Committee on Finance. (PM–26) Measures Considered: Pages S6048–49 Currency Exchange Rate Oversight Reform Transmitting, pursuant to law, the letters ex- Act—Agreement: Senate resumed consideration of changed between the United States and Korea that the motion to proceed to consideration of S. 1619, contain those commitments, which further enhance to provide for identification of misaligned currency, the United States-Korea Free Trade Agreement; require action to correct the misalignment. which was referred to the Committee on Finance. Pages S6020–27, S6034–39 (PM–27) Page S6049 During consideration of this measure today, Senate Transmitting, pursuant to law, the District of Co- also took the following action: lumbia’s Budget Request Act for fiscal year 2012; By 79 yeas to 19 nays (Vote No. 155), three-fifths which was referred to the Committee on Homeland of those Senators duly chosen and sworn, having Security and Governmental Affairs. (PM–28) voted in the affirmative, Senate agreed to the motion Page S6049 to close further debate on the motion to proceed to Nominations Confirmed: Senate confirmed the fol- consideration of the bill. Pages S6034–35 lowing nominations: A unanimous-consent agreement was reached pro- Marina Garcia Marmolejo, of Texas, to be United viding for further consideration of the motion to States District Judge for the Southern District of proceed to consideration of the bill at approximately Texas. 11 a.m., on Tuesday, October 4, 2011, and that at 2:30 p.m., all post-cloture time on the motion to Nannette Jolivette Brown, of Louisiana, to be proceed to the bill be yielded back and following the United States District Judge for the Eastern District reporting of the bill, the Majority Leader be recog- of Louisiana. Nancy Torresen, of Maine, to be United States nized. Page S6057 District Judge for the District of Maine. Messages from the President: Senate received the William Francis Kuntz II, of New York, to be following messages from the President of the United United States District Judge for the Eastern District States: of New York. Transmitting, pursuant to law, the legislation and Jennifer Guerin Zipps, of Arizona, to be United supporting documents to implement the United States District Judge for the District of Arizona. States-Korea Free Trade Agreement; which was re- Pages S6027–34, S6058 ferred to the Committee on Finance. (PM–24) By a unanimous vote of 96 yeas (Vote No. EX. Pages S6047–48 154), Henry F. Floyd, of South Carolina, to be Transmitting, pursuant to law, the legislation and United States Circuit Judge for the Fourth Circuit. supporting documents to implement the United Pages S6034, S6058

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Robert Stephen Ford, of Vermont, to be Ambas- Messages from the House: Page S6049 sador to the Syrian Arab Republic (Recess Appoint- Additional Cosponsors: Pages S6049–51 ment). Pages S6056, S6058 Statements on Introduced Bills/Resolutions: Nominations Received: Senate received the fol- lowing nominations: Pages S6051–53 Michael T. Scuse, of Delaware, to be Under Sec- Additional Statements: Pages S6043–47 retary of Agriculture for Farm and Foreign Agricul- Amendments Submitted: Page S6053 tural Services. Michael T. Scuse, of Delaware, to be a Member of Notices of Hearings/Meetings: Page S6053 the Board of Directors of the Commodity Credit Privileges of the Floor: Page S6053 Corporation. Text of H.R. 2608 as Previously Passed: Earl W. Gast, of California, to be an Assistant Administrator of the United States Agency for Inter- Pages S6053–55 national Development. Text of H.R. 2017 as Previously Passed: Roberta S. Jacobson, of Maryland, to be an Assist- Pages S6055–56 ant Secretary of State (Western Hemisphere Affairs). Record Votes: Two record votes were taken today. James T. Ryan, of Utah, to be a Member of the (Total—155) Pages S6034–35 Board of Directors of the National Institute of Building Sciences for a term expiring September 7, Adjournment: Senate convened at 2 p.m. and ad- 2013. journed at 7:28 p.m., until 10 a.m. on Tuesday, Oc- A routine list in the Foreign Service. Page S6057 tober 4, 2011. (For Senate’s program, see the re- marks of the Acting Majority Leader in today’s Nominations Withdrawn: Senate received notifica- Record on page S6057.) tion of withdrawal of the following nominations: James T. Ryan, of Utah, to be a Member of the Board of Directors of the National Institute of Committee Meetings Building Sciences for a term expiring September 7, 2013, which was sent to the Senate on July 22, (Committees not listed did not meet) 2011. Terry D. Garcia, of Florida, to be Deputy Sec- No committee meetings were held. retary of Commerce, which was sent to the Senate on May 16, 2011. Page S6058 h House of Representatives Administrator of the Environmental Protection Chamber Action Agency to issue achievable standards for cement Public Bills and Resolutions Introduced: 11 pub- manufacturing facilities, and for other purposes, and lic bills, H.R. 3074–3084; and 1 resolution, H. Con. providing for consideration of the bill (H.R. 2250) Res. 83 were introduced. Page H6505 to provide additional time for the Administrator of Additional Cosponsors: Pages H6505–06 the Environmental Protection Agency to issue achievable standards for industrial, commercial, and Reports Filed: Reports were filed today as follows: institutional boilers, process heaters, and inciner- H.R. 2838, to authorize appropriations for the ators, and for other purposes (H. Rept. 112–231). Coast Guard for fiscal years 2012 through 2015, and Page H6505 for other purposes, with an amendment (H. Rept. 112–229); Recess: The House recessed at 2:08 p.m. and recon- H. Res. 418, providing for consideration of the vened at 4 p.m. Page H6470 Senate amendment to the bill (H.R. 2832) to extend Order of Business: Agreed by unanimous consent the Generalized System of Preferences, and for other that it be in order to take from the Speaker’s table purposes (H. Rept. 112–230); and H.R. 2608, with the Senate amendment to the H. Res. 419, providing for consideration of the House amendment to the Senate amendment thereto, bill (H.R. 2681) to provide additional time for the and to consider in the House, without intervention

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VerDate Mar 15 2010 05:02 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03OC1.REC D03OCPT1 PWALKER on DSK5TPTVN1PROD with DIGEST D1032 CONGRESSIONAL RECORD — DAILY DIGEST October 3, 2011 rule provides one motion to recommit H.R. 2250 Committee Meetings with or without instructions. Testimony was heard from the following on H.R. EPA REGULATORY RELIEF ACT OF 2011; 2250: Rep. Whitfield; Rep. Waxman; and Rep. AND CEMENT SECTOR REGULATORY Griffith of Virginia. Testimony was heard from the RELIEF ACT OF 2011 following on H.R. 2681: Rep. Whitfield; and Rep. Committee on Rules: Full Committee held a hearing Waxman. on the following: H.R. 2250, the ‘‘EPA Regulatory Relief Act of 2011’’; and H.R. 2681, the ‘‘Cement TO EXTEND THE GENERALIZED SYSTEM Sector Regulatory Relief Act of 2011’’. The Com- OF PREFERENCES, AND FOR OTHER mittee granted, by record vote of 8 to 2, a modified open rule for H.R. 2681. The rule provides one hour PURPOSES of general debate on H.R. 2681 equally divided and Committee on Rules: Full Committee held a hearing on controlled by the chair and ranking minority mem- H.R. 2832, to Extend the Generalized System of ber of the Committee on Energy and Commerce. Preferences, and for other purposes. The Committee The rule waives all points of order against consider- granted, by voice vote, a rule providing for the con- ation of H.R. 2681. The rule makes in order the sideration of the Senate amendment to H.R. 2832. amendment in the nature of a substitute to H.R. The rule makes in order a motion by the chair on 2681 recommended by the Committee on Energy the Committee on Ways and Means or his designee and Commerce now printed in the bill as original that the House concur in the Senate amendment. text for purpose of amendment, and provides that it The rule waives all points of order against consider- shall be considered as read. The rule waives all ation of the motion. The rule provides that the Sen- points of order against the committee amendment in ate amendment shall be considered as read. Finally, the nature of a substitute to H.R. 2681. The rule the rule provides one hour of debate on the motion makes in order only those amendments to H.R. equally divided and controlled by the chair and 2681 that are submitted for printing in the Congres- ranking minority member of the Committee on sional Record not later than the legislative day of Ways and Means. Testimony was heard from Chair- Tuesday, October 4, 2011, or pro forma amendments man Brady of Texas; and Rep. McDermott. for the purpose of debate. Each such amendment may be offered only by the Member who caused it to be printed or a designee, and each amendment Joint Meetings shall be considered as read if printed. The rule pro- No joint committee meetings were held. vides one motion to recommit H.R. 2681 with or without instructions. f The resolution further provides for a modified NEW PUBLIC LAWS open rule for H.R. 2250. The rule provides one hour of general debate on H.R. 2250 equally divided and (For last listing of Public Laws, see DAILY DIGEST, p. D1025) controlled by the chair and ranking minority mem- H.R. 2005, to reauthorize the Combating Autism ber of the Committee on Energy and Commerce. Act of 2006. Signed on September 30, 2011. (Public The rule waives all points of order against consider- Law 112–32) ation of H.R. 2250. The rule makes in order the H.R. 2017, making continuing appropriations for amendment in the nature of a substitute to H.R. fiscal year 2012. Signed on September 30, 2011. 2250 recommended by the Committee on Energy (Public Law 112–33) and Commerce now printed in the bill as original H.R. 2883, to amend part B of title IV of the So- text for purpose of amendment, and provides that it cial Security Act to extend the child and family serv- shall be considered as read. The rule waives all ices program through fiscal year 2016. Signed on points of order against the committee amendment in September 30, 2011. (Public Law 112–34) the nature of a substitute to H.R. 2250. The rule H.R. 2943, to extend the program of block grants makes in order only those amendments to H.R. to States for temporary assistance for needy families 2250 that are submitted for printing in the Congres- and related programs through December 31, 2011. sional Record not later than the legislative day of Signed on September 30, 2011. (Public Law Tuesday, October 4, 2011, or pro forma amendments for the purpose of debate. Each such amendment 112–35) may be offered only by the Member who caused it to be printed or a designee, and each amendment shall be considered as read if printed. Finally the

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Committee on Banking, Housing, and Urban Affairs: Octo- Committee on the Budget: to hold hearings to examine ber 4, Subcommittee on Financial Institutions and Con- improving the budget process, focusing on strategies for sumer Protection, to hold hearings to examine consumer more effective congressional budgeting, 9:30 a.m., protection and middle class wealth building in an age of SD–608. growing household debt, 3 p.m., SD–538. Committee on Energy and Natural Resources: to hold hear- October 5, Subcommittee on Economic Policy, to hold ings to examine the Secretary of Energy Advisory Board’s hearings to examine perspectives on the economic impli- Shale Gas Production Subcommittee’s 90-day report, 10 cations of the Federal budget deficit, 10 a.m., SD–538. a.m., SD–366. October 6, Full Committee, business meeting to con- Committee on Environment and Public Works: Sub- sider the nominations of Richard Cordray, of Ohio, to be committee on Water and Wildlife, to hold hearings to Director, Bureau of Consumer Financial Protection, Alan examine nutrient pollution, focusing on an overview of B. Krueger, of New Jersey, to be a Member of the Coun- nutrient reduction approaches, 2:30 p.m., SD–406. cil of Economic Advisers, Executive Office of the Presi- Committee on Homeland Security and Governmental Affairs: dent, David A. Montoya, of Texas, to be Inspector Gen- Subcommittee on Federal Financial Management, Govern- eral, Department of Housing and Urban Development, ment Information, Federal Services, and International Se- Cyrus Amir-Mokri, of New York, to be Assistant Sec- curity, to hold hearings to examine costs of prescription retary of the Treasury, and Patricia M. Loui, of Hawaii, drug abuse in the Medicare Part D program, 10:30 a.m., and Larry W. Walther, of Arkansas, both to be a Member SD–342. of the Board of Directors of the Export-Import Bank of Committee on the Judiciary: Subcommittee on Immigra- the United States; to be immediately followed by a hear- tion, Refugees and Border Security, to hold hearings to ing to examine the Financial Stability Oversight Council examine America’s agricultural labor crisis, focusing on annual report to Congress, 10 a.m., SD–538. enacting a practical solution, 10 a.m., SD–226. Committee on the Budget: October 4, to hold hearings to Full Committee, to hold hearings to examine the examine improving the budget process, focusing on strat- nominations of Stephanie Dawn Thacker, of West Vir- egies for more effective congressional budgeting, 9:30 ginia, to be United States Circuit Judge for the Fourth a.m., SD–608. Circuit, Michael Walter Fitzgerald, to be United States Committee on Energy and Natural Resources: October 4, to District Judge for the Central District of California, Ron- hold hearings to examine the Secretary of Energy Advi- nie Abrams, to be United States District Judge for the sory Board’s Shale Gas Production Subcommittee’s 90-day Southern District of New York, Rudolph Contreras, of report, 10 a.m., SD–366. Virginia, to be United States District Judge for the Dis- Committee on Environment and Public Works: October 4, trict of Columbia, and Miranda Du, to be United States Subcommittee on Water and Wildlife, to hold hearings District Judge for the District of Nevada, 3 p.m., to examine nutrient pollution, focusing on an overview of SD–226. nutrient reduction approaches, 2:30 p.m., SD–406. Select Committee on Intelligence: to hold closed hearings to October 6, Subcommittee on Children’s Health and examine certain intelligence matters, 2:30 p.m., SH–219. Environmental Responsibility, to hold an oversight hear- Joint Meetings ing to examine Federal actions to clean up contamination from legacy uranium mining and milling operations, 10 Joint Economic Committee: to hold hearings to examine a.m., SD–406. the economic outlook, 10 a.m., SD–G50. Committee on Finance: October 6, to hold hearings to ex- f amine tax reform options, focusing on incentives for homeownership, 10 a.m., SD–215. CONGRESSIONAL PROGRAM AHEAD Committee on Foreign Relations: October 5, to hold hear- Week of October 4 through October 8, 2011 ings to examine the nominations of Susan Denise Page, of Illinois, to be Ambassador to the Republic of South Senate Chamber Sudan, Adrienne S. O’Neal, of Michigan, to be Ambas- sador to the Republic of Cape Verde, Mary Beth Leonard, On Tuesday, at approximately 11 a.m., Senate will of Massachusetts, to be Ambassador to the Republic of continue consideration of the motion to proceed to Mali, and Mark Francis Brzezinski, of Virginia, to be consideration of S. 1619, Currency Exchange Rate Ambassador to Sweden, all of the Department of State, Oversight Reform Act. At 2:30 p.m., all post-cloture 10 a.m., SD–419.

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October 6, Subcommittee on Western Hemisphere, be United States Circuit Judge for the Federal Circuit, Peace Corps and Global Narcotics Affairs, to hold hear- Dana L. Christensen, to be United States District Judge ings to examine the Peace Corps, focusing on the next for the District of Montana, Cathy Ann Bencivengo, to fifty years, 10:30 a.m., SD–419. be United States District Judge for the Southern District Committee on Homeland Security and Governmental Affairs: of California, Gina Marie Groh, to be United States Dis- October 4, Subcommittee on Federal Financial Manage- trict Judge for the Northern District of West Virginia, ment, Government Information, Federal Services, and Margo Kitsy Brodie, to be United States District Judge International Security, to hold hearings to examine costs for the Eastern District of New York, Adalberto Jose Jor- of prescription drug abuse in the Medicare Part D pro- dan, of Florida, to be United States Circuit Judge for the gram, 10:30 a.m., SD–342. Eleventh Circuit, John M. Gerrard, to be United States October 5, Full Committee, to hold hearings to exam- District Judge for the District of Nebraska, Mary Eliza- ine the nomination of Ernest Mitchell, Jr., of California, beth Phillips, to be United States District Judge for the to be Administrator of the United States Fire Administra- Western District of Missouri, Thomas Owen Rice, to be tion, Federal Emergency Management Agency, Depart- United States District Judge for the Eastern District of ment of Homeland Security, 10 a.m., SD–342. Washington, David Nuffer, to be United States District October 5, Ad Hoc Subcommittee on Contracting Judge for the District of Utah, and Steven R. Frank, to Oversight, to hold hearings to examine food service man- be United States Marshal for the Western District of agement contracts, focusing on if contractors are over- Pennsylvania, Martin J. Pane, to be United States Mar- charging the government, 2 p.m., SD–342. shal for the Middle District of Pennsylvania, and David October 6, Permanent Subcommittee on Investigations, Blake Webb, to be United States Marshal for the Eastern to hold hearings to examine speculation and compliance District of Pennsylvania, all of the Department of Justice, with the ‘‘Dodd-Frank Act’’, 9:30 a.m., SD–342. 10 a.m., SD–226. Committee on Indian Affairs: October 6, to hold an over- Select Committee on Intelligence: October 4, to hold closed sight hearing to examine internet infrastructure in native hearings to examine certain intelligence matters, 2:30 communities, focusing on equal access to e-commerce, p.m., SH–219. jobs and the global marketplace, 2:15 p.m., SD–628. October 6, Full Committee, to hold closed hearings to Committee on the Judiciary: October 4, Subcommittee on examine certain intelligence matters, 2:30 p.m., SH–219. Immigration, Refugees and Border Security, to hold hear- ings to examine America’s agricultural labor crisis, focus- House Committees ing on enacting a practical solution, 10 a.m., SD–226. October 4, Full Committee, to hold hearings to exam- Committee on Armed Services, October 4, full Committee, ine the nominations of Stephanie Dawn Thacker, of West hearing on the future of National Defense and the U.S. Virginia, to be United States Circuit Judge for the Military Ten Years After 9/11: Perspectives from Former Fourth Circuit, Michael Walter Fitzgerald, to be United Service Chiefs and Vice Chiefs, 10 a.m., 2118 Rayburn. States District Judge for the Central District of Cali- October 5, Panel on Defense Financial Management fornia, Ronnie Abrams, to be United States District and Auditability Reform, hearing entitled ‘‘Is the Finan- Judge for the Southern District of New York, Rudolph cial Management Workforce Positioned to Achieve Contreras, of Virginia, to be United States District Judge DOD’s Financial Improvement Goals?’’ 8 a.m., 2212 for the District of Columbia, and Miranda Du, to be Rayburn. United States District Judge for the District of Nevada, Committee on Education and the Workforce, October 4, 3 p.m., SD–226. Subcommittee on Higher Education and Workforce October 5, Full Committee, to hold hearings to exam- Training, hearing entitled ‘‘Modernizing the Workforce ine considering the role of judges under the Constitution Investment Act: Developing an Effective Job Training of the United States, 2:30 p.m., SH–216. System for Workers and Employers.’’ 10 a.m., 2175 Ray- October 6, Full Committee, business meeting to con- burn. sider S. 1301, to authorize appropriations for fiscal years October 5, Subcommittee on Workforce Protections, 2012 to 2015 for the Trafficking Victims Protection Act hearing entitled ‘‘Workplace Safety: Ensuring a Respon- of 2000, to enhance measures to combat trafficking in sible Regulatory Environment.’’ 10 a.m., 2261 Rayburn. person, H.R. 368, to amend title 28, United States Code, Committee on Energy and Commerce, October 5, Sub- to clarify and improve certain provisions relating to the committee on Commerce, Manufacturing, and Trade, removal of litigation against Federal officers or agencies hearing entitled ‘‘Protecting Children’s Privacy in an to Federal courts, an original bill entitled, ‘‘Federal Electronic World.’’ 9 a.m., 2123 Rayburn. Courts Jurisdiction and Venue Clarification Act of 2011, October 5, Subcommittee on Oversight and Investiga- H.R. 394, to amend title 28, United States Code, to clar- tions, hearing entitled ‘‘Administration Efforts on Line- ify the jurisdiction of the Federal courts, an original bill by-Line Budget Review.’’ 9:30 a.m., 2322 Rayburn. entitled, ‘‘Appeal Time Clarification Act of 2011’’, H.R. October 6, Subcommittee on Environment and the 2633, to amend title 28, United States Code, to clarify Economy, hearing entitled ‘‘Chemical Risk Assessment: the time limits for appeals in civil cases to which United What Works for Jobs and the Economy?’’ 9 a.m., 2123 States officers or employees are parties, S. 1014, to pro- Rayburn. vide for additional Federal district judgeships, and the Committee on Financial Services, October 4, Sub- nominations of Evan Jonathan Wallach, of New York, to committee on Domestic Monetary Policy and Technology,

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hearing entitled ‘‘Audit the Fed: Dodd-Frank, QE3, and October 5, Subcommittee on Crime, Terrorism, and Federal Reserve Transparency.’’ 10 a.m., 2128 Rayburn. Homeland Security, hearing entitled ‘‘The Implementa- October 4, Subcommittee on International Monetary tion of Certain International Nuclear and Maritime Ter- Policy and Trade, hearing entitled ‘‘The World Bank and rorism Agreements.’’ 10 a.m., 2141 Rayburn. Multi Lateral Development Banks’ Authorization.’’ 2 October 5, Subcommittee on Immigration Policy and p.m., 2128 Rayburn. Enforcement, markup to request a Department of Home- October 5, Subcommittee on Capital Markets, markup land Security Departmental Report on the Beneficiary of of the following: H.R. 1965, to amend the securities laws H.R. 1857, for the relief of Bartosz Kumor; followed by to establish certain thresholds for shareholder registration, a hearing entitled ‘‘STEM the Tide: Should America Try and for other purposes; H.R. 2167, the ‘‘Private Company to Prevent an Exodus of Foreign Graduates of U.S. Uni- Flexibility and Growth Act’’; H.R. 2930, the ‘‘Entre- versities with Advanced Science Degrees?’’ 1:30 p.m., preneur Access to Capital Act’’; H.R. 2940, the ‘‘Access 2141 Rayburn. to Capital for Job Creators Act’’; and legislation regard- October 6, full Committee, markup of the following: ing the ‘‘Small Company Job Growth and Regulatory Re- H.R. 313, the ‘‘Drug Trafficking Safe Harbor Elimi- lief Act of 2011.’’ 10 a.m., 2128 Rayburn. nation Act of 2011’’; H.R. 1254, the ‘‘Synthetic Drug October 6, full Committee, hearing entitled ‘‘The An- Control Act of 2011’’; H.R. 2471, to amend section 2710 nual Report of the Financial Stability Oversight Council.’’ of title 18, United States Code, to clarify that a video 2 p.m., 2128 Rayburn. tape service provider may obtain a consumer’s informed, October 6, Subcommittee on Insurance, Housing and written consent on an ongoing basis and that consent Community Opportunity, hearing entitled ‘‘The Obama may be obtained through the Internet; and H.R. 2870, Administration’s Response to the Housing Crisis.’’ 9:30 the ‘‘Adam Walsh Reauthorization Act of 2011’’. 10:30 a.m., 2128 Rayburn. a.m., 2141 Rayburn. Committee on Foreign Affairs, October 4, full Committee, Committee on Natural Resources, October 4, full Com- hearing entitled ‘‘Why Taiwan Matters, Part II.’’ 10 a.m., mittee, hearing entitled ‘‘The President’s New National 2172 Rayburn. Ocean Policy—A Plan for Further Restrictions on Ocean, October 4, Subcommittee on the Western Hemisphere; Coastal and Inland Activities.’’ 10 a.m., 1324 Longworth. and the Committee on Homeland Security, Subcommittee October 4, Subcommittee on Indian and Alaska Affairs, on Oversight, Investigations, and Management, joint hearing on H.R. 2938, the ‘‘Gila Bend Indian Reserva- hearing entitled ‘‘Me´rida Part Two: Insurgency and Ter- tion Lands Replacement Clarification Act.’’ 2 p.m., 1324 rorism in Mexico.’’ 2 p.m. in 2172 Rayburn. Longworth. October 4, Subcommittee on Africa, Global Health, October 4, Subcommittee on National Parks, Forests and Human Rights, hearing entitled ‘‘A Comprehensive and Public Lands, hearing on the following legislation: Assessment of U.S. Policy Toward Sudan.’’ 2 p.m., 2200 H.R. 2563, to authorize a Wall of Remembrance as part Rayburn. of the Korean War Veterans Memorial and to allow cer- October 5, full Committee, markup of the following: tain private contributions to fund that Wall of Remem- H.R. 2830, to authorize appropriations for fiscal years brance; H.R. 1335, to revise the boundaries of the Get- 2012 and 2013 for the Trafficking Victims Protection tysburg National Military Park to include the Gettysburg Act of 2000, and for other purposes; and H.R. 2059, to Train Station, and for other purposes; and H.R. 854, to prohibit funding to the United Nations Population Fund; authorize the Peace Corps Commemorative Foundation to and legislation to authorize appropriations for fiscal years establish a commemorative work in the District of Co- 2012 and 2013 for the Trafficking Victims Protection lumbia and its environs, and for other purposes. 2 p.m., Act of 2000, and for other purposes. 10 a.m., 2172 Ray- 1334 Longworth. burn. October 5, full Committee, markup of the following: Committee on Homeland Security, October 4, Sub- H.R. 306, the ‘‘Corolla Wild Horses Protection Act’’; committee on Border and Maritime Security, hearing en- H.R. 443, to provide for the conveyance of certain prop- titled ‘‘Does Administrative Amnesty Harm our Efforts to erty from the United States to the Maniilaq Association Gain and Maintain Operational Control of the Border?’’ located in Kotzebue, Alaska; H.R. 588, to redesignate the 10 a.m., 311 Cannon. Noxubee National Wildlife Refuge as the Sam D. Ham- October 5, Subcommittee on Counterterrorism and In- ilton Noxubee National Wildlife Refuge; H.R. 850, to telligence, hearing entitled ‘‘Intelligence Sharing and Ter- facilitate a proposed project in the Lower St. Croix Wild rorist Travel: How DHS Addresses the Mission of Pro- and Scenic River, and for other purposes; H.R. 991, to viding Security, Facilitating Commerce and Protecting amend the Marine Mammal Protection Act of 1972 to Privacy for Passengers Engaged in International Travel.’’ allow importation of polar bear trophies taken in sport 10 a.m., 311 Cannon. hunts in Canada before the date the polar bear was deter- October 6, Subcommittee on Cybersecurity, Infrastruc- mined to be a threatened species under the Endangered ture Protection and Security Technologies, hearing enti- Species Act of 1973; H.R. 1162, to provide the Quileute tled ‘‘Cloud Computing: What are the Security Implica- Indian Tribe Tsunami and Flood Protection, and for other tions?’’ 10 a.m., 311 Cannon. purposes; H.R. 1461, the ‘‘Mescalero Apache Tribe Leas- Committee on the Judiciary, October 4, full Committee, ing Authorization Act’’; H.R. 1466, to resolve the status hearing entitled ‘‘A Balanced Budget Amendment to the of certain persons legally residing in the Commonwealth Constitution.’’ 10 a.m., 2141 Rayburn. of the Northern Mariana Islands under the immigration

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laws of the United States; H.R. 1505, the ‘‘National Se- Are Federal Agencies Making Full Use of Suspension and curity and Federal Lands Protection Act’’; H.R. 1556, to Debarment Sanctions?’’ 9:30 a.m., 2247 Rayburn. amend the Omnibus Indian Advancement Act to allow Committee on Science, Space, and Technology, October 4, certain land to be used to generate income to provide Subcommittee on Energy and Environment, hearing enti- funding for academic programs, and for other purposes; tled ‘‘Quality Science for Quality Air.’’ 10 a.m., 2318 H.R. 1740, to amend the Wild and Scenic Rivers Act to Rayburn. designate a segment of Illabot Creek in Skagit County, Committee on Small Business, October 5, full Committee, Washington, as a component of the National Wild and hearing entitled ‘‘Adding to Uncertainty: The Impact of Scenic Rivers System; H.R. 2060, the ‘‘Central Oregon DOL/NLRB Decisions and Proposed Rules on Small Jobs and Water Security Act’’; H.R. 2351, the ‘‘North Businesses.’’ 1 p.m., 2360 Rayburn. Cascades National Park Service Complex Fish Stocking October 6, Subcommittee on Contracting and Work- Act’’; H.R. 2352, to authorize the Secretary of the Inte- force, hearing entitled ‘‘Subpar Subcontracting: Chal- rior to adjust the boundary of the Stephen Mather Wil- lenges for Small Businesses Contractors.’’ 10 a.m., 2360 derness and the North Cascades National Park in order Rayburn. to allow the rebuilding of a road outside of the floodplain Committee on Transportation and Infrastructure, October 4, while ensuring that there is no net loss of acreage to the Subcommittee on Coast Guard and Maritime Transpor- Park or the Wilderness, and for other purposes; H.R. tation, hearing entitled ‘‘What Will It Cost: Protecting 2360, the ‘‘Providing for Our Workforce and Energy Re- the Taxpayer from an Unachievable Coast Guard Acquisi- sources (POWER) Act’’; H.R. 2578, to amend the Wild tion Program.’’ 10:30 a.m., 2167 Rayburn. and Scenic Rivers Act related to a segment of the Lower October 5, Subcommittee on Aviation, hearing entitled Merced River in California, and for other purposes; H.R. ‘‘A Comprehensive Review of FAA’s NextGen Program: 2752, the ‘‘BLM Live Internet Auctions Act’’; H.R. Costs, Benefits, Progress, and Management.’’ 10 a.m., 2803, to direct the Secretary of the Interior, acting 2167 Rayburn. through the Bureau of Ocean Energy Management, Regu- Committee on Veterans’ Affairs, October 5, Subcommittee lation and Enforcement, to conduct a technological capa- on Economic Opportunity, hearing entitled ‘‘Reviewing bility assessment, survey, and economic feasibility study the Progress of the Partnership between the United States regarding recovery of minerals, other than oil and natural Paralympics and the Department of Veterans Affairs to gas, from the shallow and deep seabed of the United Promote Adaptive Sports.’’ 10 a.m., 334 Cannon. States; H.R. 2842, the ‘‘Bureau of Reclamation Small October 6, Subcommittee on Health, hearing entitled Conduit Hydropower Development and Rural Jobs Act of ‘‘The Federal Recovery Coordination Program: Assessing 2011’’; H.R. 2915, the ‘‘American Taxpayer and Western Progress Toward Improvement.’’ 8:30 a.m., 340 Cannon. Area Power Administration Customer Protection Act of October 6, Subcommittee on Disability Assistance and 2011’’; and H.R. 3069, the ‘‘Endangered Salmon and Memorial Affairs, hearing entitled ‘‘Arlington National Fisheries Predation Prevention Act’’. 10 a.m., 1324 Long- Cemetery: An Update on Reform and Progress.’’ 10:30 worth. a.m., 334 Cannon. October 6, full Committee, hearing entitled Committee on Ways and Means, October 6, Subcommittee ‘‘BOEMRE/U.S. Coast Guard Joint Investigation Team on Human Resources, hearing reviewing unemployment Report.’’ 10 a.m., 1324 Longworth. benefit proposals in the President’s latest jobs plan and Committee on Oversight and Government Reform, October 4, assessing whether they will help the long-term unem- full Committee, hearing entitled ‘‘Where is the Peace ployed return to work, 9 a.m., B–318 Rayburn. Dividend? Examining the Final Report to Congress of the House Permanent Select Committee on Intelligence, October Commission on Wartime Contracting.’’ 10 a.m., 2154 4, full Committee, hearing entitled ‘‘Cyber Threats and Rayburn. Ongoing Efforts to Protect the Nation.’’ 10 a.m., HVC October 6, Subcommittee on Health Care, District of 210. Columbia, Census and the National Archives, hearing en- October 6, full Committee, hearing entitled ‘‘Domestic titled ‘‘Obamacare’s Employer Penalty and its Impact on Threat Intelligence.’’ 10 a.m., HVC 210. Temporary Workers.’’ 9:30 a.m., 2154 Rayburn. October 6, Subcommittee on Technology, Information Joint Meetings Policy, and Intergovernmental Relations and Procurement Joint Economic Committee: October 4, to hold hearings to Reform, hearing entitled ‘‘Protecting Taxpayer Dollars: examine the economic outlook, 10 a.m., SD–G50.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED TWELFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

EXECUTIVE DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 5 through September 30, 2011 January 5 through September 30, 2011

Senate House Total Civilian nominations, totaling 419, disposed of as follows: Days in session ...... 123 125 . . Confirmed ...... 196 Time in session ...... 799 hrs., 21′ 739 hrs., 17′ .. Unconfirmed ...... 214 Congressional Record: Withdrawn ...... 9 Pages of proceedings ...... 6,011 6,467 . . Extensions of Remarks ...... 1,733 . . Public bills enacted into law ...... 12 23 35 Other Civilian nominations, totaling 2,376, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 2,072 Bills in conference ...... 2 2 . . Unconfirmed ...... 299 Measures passed, total ...... 265 247 512 Withdrawn ...... 5 Senate bills ...... 26 10 . . House bills ...... 26 103 . . Senate joint resolutions ...... 4 3 . . Air Force nominations, totaling 5,475, disposed of as follows: House joint resolutions ...... 3 5 . . Confirmed ...... 1,703 Senate concurrent resolutions ...... 15 4 . . Unconfirmed ...... 3,772 House concurrent resolutions ...... 13 17 . . Simple resolutions ...... 178 105 . . Measures reported, total ...... *137 *200 337 Army nominations, totaling 5,127, disposed of as follows: Senate bills ...... 100 2 . . Confirmed ...... 5,052 House bills ...... 9 129 . . Unconfirmed ...... 75 Senate joint resolutions ...... 1 . . . . House joint resolutions ...... 2 . . Senate concurrent resolutions ...... 2 . . . . Navy nominations, totaling 3,346, disposed of as follows: House concurrent resolutions ...... 2 . . Confirmed ...... 3,325 Simple resolutions ...... 25 65 . . Unconfirmed ...... 21 Special reports ...... 12 29 . . Conference reports ...... Measures pending on calendar ...... 145 65 . . Marine Corps nominations, totaling 1,249, disposed of as follows: Measures introduced, total ...... 1,974 3,651 5,625 Confirmed ...... 1,249 Bills ...... 1,635 3,073 .. Joint resolutions ...... 27 79 . . Concurrent resolutions ...... 29 82 . . Summary Simple resolutions ...... 283 417 . . Quorum calls ...... 5 3 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 153 194 . . Total nominations received this Session ...... 17,992 Recorded votes ...... 543** . . Total confirmed ...... 13,597 Bills vetoed ...... Total unconfirmed ...... 4,381 Vetoes overridden ...... Total withdrawn ...... 14 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accom- panying report. A total of 86 written reports have been filed in the Senate, a total of 229 reports have been filed in the House. ** Proceedings on Roll Call No. 484 were vacated by unanimous consent.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, October 4 10 a.m., Tuesday, October 4

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of a motion to morning business (not to extend beyond one hour), Senate concur in the Senate amendment to H.R. 2608—Con- will continue consideration of the motion to proceed to tinuing Appropriations Act, 2012. consideration of S. 1619, Currency Exchange Rate Over- sight Reform Act, and at 2:30 p.m., all post-cloture time on the motion to proceed to the bill be yielded back and following the reporting of the bill, the Majority Leader be recognized. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Denham, Jeff, Calif., E1739, E1742 Lee, Barbara, Calif., E1736, E1739, E1742 Dingell, John D., Mich., E1746 Lynch, Stephen F., Mass., E1740 Adams, Sandy, Fla., E1744 Eshoo, Anna G., Calif., E1735, E1741 McDermott, Jim, Wash., E1745, E1746 Beniskey, Dan, Mich., E1743 Frelinghuysen, Rodney P., N.J., E1736, E1738, E1743 Maloney, Carolyn B., N.Y., E1745 Bishop, Sanford D., Jr., Ga., E1736 Graves, Sam, Mo., E1744 Meehan, Patrick, Pa., E1735 Capuano, Michael E., Mass., E1741 Higgins, Brian, N.Y., E1744, E1744 Castor, Kathy, Fla., E1737 Honda, Michael M., Calif., E1740 Quigley, Mike, Ill., E1738, E1744 Coble, Howard, N.C., E1746 Hoyer, Steny H., Md., E1745 Rangel, Charles B., N.Y., E1740 Coffman, Mike, Colo., E1742 Kucinich, Dennis J., Ohio, E1735, E1736, E1737, E1738, Ryan, Tim, Ohio, E1735 Crowley, Joseph, N.Y., E1737 E1738, E1739, E1740, E1741, E1742, E1743 Stivers, Steve, Ohio, E1746

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